14S MINUTES OF EVIDENCE BEFORE SELECT COMMITTEE djl". nfr It was not decided then at all?— No; I will beg to mention another case. In Timothy Allen. October 1819, Fitzpatrick, coal- meter, proceeded in the Court of Conscience against • v_ ' one Cochran ; he was captain of a ship, I believe. There were several other captains 23 M••'>-) incited by coal- factors, at that time resisting the payment of the coal- meters wages, and they were depending in the Court of Conscience before the late Alderman Warner ; he was loth to decide on the question, on account of the number of legal objections, or objections in point of law, that were made; and in order to decide the legal point, and that he might give his judgment correctly, he had a special hearing of one of those cases which I have mentioned, Fitzpatrick v. Cochran. On that occasion he had Mr. Driscol, King's counsel, for his assessor ; the parties attended before them, and there were three lawyers of eminence 011 each side; this case held full two days in discussion and evidence before the President, and the result was that, by the advice of Mr. Driscol, his assessor, he gave judgment for the plaintiff, that is for the coal- meter; and that case being decided he decided the others which were then pending in the same way; one case governed them ali. The particulars of the judgment are here; Mr. Driscol gave a very elaborate judg- ment and opinion upon that occasion, which guided the President. Were the parties satisfied with that proceeding, or were there any ulterior pro- ceedings taken ?— It appears to me that Mr. Driscol's judgment was so decided, " and founded on such good grounds, that the parties at that time submitted. Have there been any other attempts made to resist the payments of the coal- meters?— There was an action much about that time. One Captain Harris had been arrested under the warrant of Alderman Bloxham, President of. the Court of Conscience, who gave a decision in favour of the coal- meter for his wages; and a warrant being issued, this Captain Harris was arrested, and he brought an action for false imprisonment, as I believe; I am not quite certain; but I understand that it was an action for false imprisonment, and it came on in one of the law- courts, I cannot say which, for I have it not here, but I saw the judgment; it went by default; Captain Harris failed to proceed, and of course there was a judgment by default in favour of Alderman Bloxham against Harris. Then the Committee are to understand that the question as to the right and title has never been decided in a court of law, except in the Court of Conscience?— No ; I will mention another instance; in Easter term 1820, the same Francis Thomas Russel who had been indicted, thought proper to make an application to the Court . of King's Bench, in the case of McDermot Creagh and Twyford, coal- meters ; tiiis was for a prohibition to issue to the president of the Court of Conscience, to pre- vent him from awarding the wages of the coal- meters; the argument and evidence occupied several days on both sides; there were three eminent lawyers on each side; and the result was that the Court would not grant a prohibition to prevent the President: so far the right of the Guild was established. Afterwards, in August 1820, there was another prosecution, Ross and Landers, coal- meters, against Bartholomew St. Leger, his nephew, and his porter. This was a case of assault in the execution of their duty; it was brought on in the Sessions Court, and the Recorder, after hear- ing the evidence, charged the jury that they should convict, but to our great astonish- ment they thought fit to bring in a verdict of acquittal. Are you of opinion that such attempts were for the benefit of themselves or the public ?— It appeared to me that their motives were all through those several cases selfish ; that they were directed to their own benefit, and that the public benefit was not a consideration with them. Do you not believe that they had an anxious desire to sell coals to the public without the intervention or superintendence of coal- meters; and that those complaints against the coal- meters establishment originated entirely with the dealers ?— I con- ceive so. Have you ever heard that some of the coal- dealers have had several meetings to forward their views in this respect?— I have heard so, and have no doubt of it. Do you not believe that the respectable coal- factors in Dublin are at all times desirous of the superintendence of the coal- meters on board the ships ?— The re- spectable coal- factors are not, I believe, very numerous; but I have heard some of them declare that they could not carry on the trade without the superintendence of the coal- meters. Is it not your opinion that the respectable housekeepers of Dublin are equally desirous of the superintendence of the coal- meters ?— Such persons as I have con- versed with, and as an individual housekeeper myself, I am certainly very anxious that the coal- meters should be present. Have