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First Report from the Select Committee on Fictitious Votes, Ireland

28/03/1838

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First Report from the Select Committee on Fictitious Votes, Ireland

Date of Article: 28/03/1838
Printer / Publisher:  
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Volume Number:     Issue Number: 
No Pages: 1
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. ,46 MINUTES OF EVIDENCE TAKEN BEFORE THE „ . ogfio Mr. Lucas. 1 Was Mr. Pigott interrupted in his argument by the court 3/, D- Meagher. J • was aJdjourned ?- No. nlZZ^ M 2864. Did Mr. Pigott desist from speaking, and sit down of his own accord ?_ " oSb' Mr Lefroy.] Did Mr. Pigott intimate to the court, or to anybody about him! that he had more to say when Baron Pennefather rose to adjourn the court ? I was a mere spectator. 28GO Did you hear Mr. Pigott say to the judge, or to anybody else, that he had anything more to observe?— I did not. The general impression in court was, that the argument would be resumed in the morning. 2867. Mr. Beamish.] Was there any intention of having other counsel ?— Yes, it was intended to bring in other counsel to support Mr. Pigott's view. 2868 Mr. Serjeant Jackson.] Was Baron Pennefather at all apprized that there were other counsel to be heard r— I cannot say that he might have been apprized by Mr. Pigott. . 2SC9. Were not you in court the whole time?— i was. 2870. Did anything occur in your presence to lead the Baron to suppose that there were other counsel to be heard in the case?— I think he might have drawn that inference from the argument of Mr. Pigott. 2871. Did Mr. Pigott intimate that there was another counsel to follow him ?— He intimated that he had certain authorities, and that he would look at more ; and I went early next morning to hear Mr. Pigott resume bis argument. 2872. Then your evidence now is that, in the course of his argument, Mr. Pigott intimated that he would have more authorities to cite ?— That is the impression upon my mind, but it is a good while ago. 2873. But your recollection is that Mr. Pigott gave Baron Pennefather to under- stand that he had more authorities to cite at a future time?— That was my impres- sion, that he had more authorities to cite. 2874. Did he say that he was not then prepared with his argument, and that he wanted to look into further authorities ?— No. When Baron Pennefather was perus- ing certain papers, I saw Mr. Pigott looking over his books, and concluded that he was looking for materials to further address the judge, when the time for adjourning the court arrived ; and the next morning I expected that the Baron would have come into court and resumed the argument. 2875. What do you mean by the time for adjourning the court?— In the evening. 2876. Is there any particular time for adjourning the court?— At four or five o'clock. 2877. But there is no particular time?— No ; it is at the whim of the judge. 2878. W7as not Baron Pennefather a remarkably diligent judge in the perform- ance of his duty ?— He was. 2879. Is it possible for any man to be more attentive to the discharge of his duty than Baron Pennefather was?— Certainly not. 2880. Was not he a judge always early in court?— He was. 2881. And sitting as long as public business required him to sit?— Yes. 2881*. Did you ever know Baron Pennefather cut short any case that was before him, or withhold fair play from any party?— Never. 2882. Is not his reputation directly the reverse of that ?— His reputation was always of the very first order. 2883. As an upright, learned, able, and impartial judge ?— Decidedly. . 2tSf4- A man who never displayed politics at all upon the bench?—! never saw him do so I knew him before he was upon the bench. 2885 Then that being so, would it not be the last thing that Baron Pennefather would do, abruptly to adjourn the court, and decide the ' case without hearing the parties; fully r— Decidedly ; I never had occasion to find fault with him, except upon that occasion. 2886. And do not you now find fault rather from the impression of your own ardent mind than from any fact that occurred in the case ?- I believe it is so. 2887. Mr. Beamish.] Was not it considered rather extraordinary of Baron Pennefather grnng the decision which he came to upon that occasion to counsellor narHSnnW? it K ng lt, t0 the Judge ° f the court ?_ It was, and that Mr. Bes- lld 0 , e be, fer 0t ! f' and n0t Mr" Colb » ™ > was the proper officer. - He was; instead of Mr. Colburn being the organ of the communication, Mr. Besnard was, which
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