SELECT COMMITTEE ON FICTITIOUS VOTES, IRELAND 165 / / / V1 / 10454. Do you mean to say there was no jury sworn?— Yes. Mr< Nicholls 10455. And you were given in charge?— Yes, I was at the side- bar. " 10456. Then you mean to say, the jury having been sworn, and you given in 18 May 1838. charge, no verdict was found?— The judge told the jury they must acquit. 10457. You were prosecuted by the policeman?— Yes. 10458. Now do you mean to say, if the policeman were prosecuted by you, and upon the evidence given by you, the judge told the jury they were bound in law to convict, they would not do so ?— It would depend upon the circumstances. 10459. Will you tell me if, in this case, where the policeman prosecuted you, the jury acted impartially, they would not do the same if the parties were inverted; if the policeman were on his trial, and you prosecuting him, if the judge told the jury that, in point of law, they were bound to convict the policeman of the assault ?— I dare say, in such a simple case as that was, they would abide by the judge's order. 10460. Then your opinion now is, that if you had given information of that assault, and the case had come on for trial, and you prosecuted the policeman, and gave the evidence you have given here to- day, there might be a conviction?— Certainly there might; but I think it is not very likely. 10461. Now did you not tell me before, more than once, in answer to the questions I have put to you, that the reason you did not go forward and make your complaint against the policeman was, because it would be considered by the magistrates rather as a recommendation to the policeman than the contrary that he committed an outrage of that kind ?— I did. 10462. Was not that the reason you assigned to me, more than once, for not making the complaint ?— Yes. 10463. And was it not after I found out there were two magistrates there with whom that would not be a recommendation, that you stated a new cause, that juries could not be had in Longford to convict?— Certainly, both influenced me in not going forward to lodge informations. 10464. It was both these causes influenced you?— Yes. 10465. Give me leave to ask you, whether both these causes could influence you with regard to Captain Skipton and Mr. Hines ?— I think I have explained myself sufficiently. 10466. To your own satisfaction?— Yes; and I should think to the satisfaction of any person who would wish to understand me. 10467. Then you think I do not wish to understand you?— Certainly I think you do not. 10468. Mr. Lefroy.] Will you let me have the name of the man whose skull was fractured ?— I cannot say. 10469. Though you sent him to the hospital?— Yes. 10470. And gave him a recommendation to it?— No ; in case of an accident, a recommendation is not necessary ; Captain Walker, who was a magistrate, saw the assault, and it was as much his business as mine to have the policeman brought to justice. 10471. That is, provided your account is the true account?— I never stated any- thing that was not the fact. 10472. I say that depends upon whether you saw all the circumstances of the transaction ?— I did. 10473. And you have stated to us the whole of that case ?— I have. 10474. take upon yourself to say there was nothing more in that case than what was stated ?— There was not. 10475. No more?— No more ; I saw the man going up the steps, and he was struck with the butt- end of a musket and knocked down. 10476. That was to prevent his going up to register r— It was to prevent his going into court. 10477. ^ was not to prevent his going to register; that is not your evidence now ?— I dare say the policeman had no personal knowledge that lie was going to register. " 10478. Did you not give this evidence in corroboration of your statement, that many persons were prevented, by violence, from going to register?—\ es. 10479. Ancl now you tell us, neither you nor the policeman knew whether this man was going to register or not. Is that your evidence now ?— Y es. 10480. Now you stated that the people employed as counsel and agents were Protestants, and in some instances Orangemen ?— Yes. 643. Y 3 10481. Give