27 March 1838. 23 8 MINUTES OF EVIDENCE TAKEN BEFORE TIIE witness had been a captain in the South Cork Militia, and had been employed to value the houses of the different persons who had given notice of registry ; an objection was made by the Liberal side that he was incompetent: swearing to support his own statement of value, & c. & c., I ruled otherwise, that he was com- petent that it might however go to his credit. He admitted, 011 his cross- examination, that lie never had been in the house, and that though he had sworn on his direct examination he had as good a knowledge of the value as the claimant and his witnesses, yet this knowledge was acquired by an outside view of the house. I registered the claimant, not considering his evidence satisfactory, nor sufficient to counteract the evidence in favour of the claim. " It was represented in some of the Liberal papers next morning that I had rejected the Captain's testimony as altogether unworthy of credit. I took the first opportunity which occurred in court of contradicting this statement, observ- ing, I did not reject the evidence of the witness as incredible, but that the mere inspection of a house from the street, without any knowledge of the interior, the number of apartments, & c., was too vague for me to depend on. Shortly after this, one of the aldermen ( whose name I forget) came into court, and thanked me for my explanation, as it relieved the witness's mind from the aspersion which that morning had appeared in the paper. I was the more anxious to do so, because it appeared to me that from the then appearance of the witness his cha- racter might be the only means of his support. " With respect to the 40 s. freeholders Mr. Barber is equally incorrect. The Liberals insisted on our registering those who had not been registered before, their rights being saved: this we refused to do; those who had certificates ( the prima facie title) we registered according to the Act, but in no instance refused rebutting evidence. Wills will write for himself. I am sure Gahan ruled no point in dispute without our concurrence. In the present state of John's health I could not leave home. " Ever yours, ( signed) " J. Moody." EXTRACT of LETTER from Mr. Wills; dated 27, Upper Gardener- Street, 22 March 1838. " OUR friend Moody has shown me your letter relative to the city of Cork registry, in which he and I were engaged under the Reform Act. The complaint against us, which your letter notices, surprises me. It is difficult to call to mind, or have a distinct recollection of matters which occurred so long ago, but I am quite satisfied it is an utter mistake to suppose that I ever rejected any witnesses as to the value of property in respect to which the franchise was claimed, because they were paid for their services as valuators : there is not the least misgiving of my mind upon the subject. And I am equally satisfied that I never rejected any evidence, or forbore any examination, with respect to the registry of 40s. freeholders, that was warranted by or proper under the provisions of the Reform Act; and I consider it but justice to say, for my other colleague, Mr. Gahan, who is absent 111 a distant clime, that lie, I am sure, was most anxious to do what he felt to be right and fair, and faithfully to discharge his duty. " Your letter would have been sooner answered, but that I only saw it on my coming to town from circuit."