12 March 1838. 2 7- MINUTES OF EVIDENCE TAKEN BEFORE THE Mr. 0. E. Barber. him that another public officer, Mr. Besnard, the town- clerk, was there and he handed to Mr. Besnard the opinion of Baron Pennefather, to be carried to the registering; barrister. , . ,, . , I162 Do you know whether Mr. Besnard took any part 111 the registry business before the barristers ?— I know he did not, farther than attending with which he was required to do under the Reform Act ; his official documents, the arrangements of the I know that he took no part in the registry, or in registry, either privately or publicly. _ 616s Then he could not be considered as a person interested, either on one side or the other, in what had been done in the registering sessions ?— He cer- tainly was not. . . 6164 It did not occur to you that there was any impropriety, or any par- tiality in the conduct of the judge who delivered that paper to Mr. Besnard ?— It was a mere casual matter, in consequence of Mr. Besnard being present, and the clerk of the peace not being present; I believe that Mr. Besnard was in attendance upon some business of his own; it was not as town- clerk that he attended there for that purpose. 6165. But auother person having suggested that he was in court when the judge asked for the clerk of the peace to be the bearer of the decision, the judge then delivered this paper to Mr. Besnard, as being another public officer ? — Yes. 6166. Does it occur to you that any person upon earth could be damnified by that ?— Not the least. 6167. Can you conceive any possible way in which anybody could be injured by that ?— I cannot; I conceive that Mr. Besnard merely acted as the messenger of the judge from that court to the registering barrister. 6168. The Committee understand from you, that no intimation was given to Baron Pennefather, by either of the counsel, of any wish that he should hear the cause further argued ?— Certainly there was not; I was there till he rose, and after he left the court; I was collecting my papers when he left the court. 6i( i(). You have stated that Baron Pennefather had announced that he was to leave town the next morning, and that lie would in consequence leave his deci- sion in the hands of Judge Moore; are you able to say whether there wTas any expectation upon the mind of those in court that he was to take his place the next morning upon the bench ?— Not the least; it was announced publicly that he would leave town next morning. C170. And no person made any objection to that?— Certainly not. 6171. And no person intimated that it was desirable that he should resume his seat the next morning for the purpose of any further argument?— Cer- tainly not. 6172. Chairman.'] With regard to those witnesses who were rejected by the registering barristers because they were paid, were they voters ?— Some of them were. 6173. But the barristers made no distinction with regard to voters and non- voters ?— No; it was their being paid persons that was the objection. C174. Did they object to persons appearing as agents ?— No, legal agents were not objected to ; nor, I believe, any agents. 6175. Was the matter argued on both sides, as to the admission of those per- sons as witnesses ?—- No, there was no argument at all; for the moment Captain Allen appeared on the table he was hooted at; and the court said they would not listen to the evidence of a paid person, and he was obliged to come off the table; and he came off rather warm in consequence of having been hooted at. (•] 76 Do you mean to say that the barristers, without any discussion, rejected evidence of those witnesses ?— There was 110 discussion; there was a little remonstrance; we were astounded at the refusal. 0177- Did you ever try, at a subsequent period of the registry, to re- argue question :— I do not think we did; we conceived there was an end of the question. 6178 Then those three barristers, without any argument whatever, decided the did 6 Parti6S PUld n0t be admittedas witnesses?— Positively, we