I : I ' ?// ^ / / SELECT COMMITTEE ON FICTITIOUS VOTES, IRELAND. 207 11521. Now, if a witness swore it was the worst description of land in the Mr. E. Rooney. county, and that Thomas Bracken was also examined, and not called upon to con- ' r:* n tradict that statement, would you still say it was rather better than a medium 25 May 1838. - M quality ; is that your judgment of it ?— I would not be confined in my judgment by MI. the judgment of any other man ; I give my judgment as I took it at the time ; I conceive that any man that gave the evidence that broke that man must have been wrong in his judgment. 11522. You told us just now that Bracken had more experience as a farmer than you had ?— I should suppose he had, as he was a land- agent; but, at all events, he must have been as good a farmer. 11523. And Bracken was present, and had an opportunity of contradicting that statement?— I suppose he was not present. 11524. Turn to page 267 of that evidence ( the Witness did so) ; you see Col- ley's statement of the value of that land, in answer to question 6695 ; he answers, - 1 it is the very worst description of land in the county ?— Yes. 11525. You see Bracken's examination in page 268; you see that Colley was cross- examined by the counsel for Mr. White, and you see that the same counsel examined Bracken ?— Yes. 11526. Has be put any questions to Bracken to contradict that statement ?— I do not see that he has; but he puts questions as to the value of the lands, and Bracken gives the answers. 11527. But no question as to the quality of the land ?— No further question. 11528. Then there was an opportunity of contradicting that statement if it had been incorrect, and if Bracken could have contradicted it ?— That may have depended upon the counsel; I do not think there was an opportunity. 11529. You do not think there was an opportunity, although the counsel heard the evidence and cross- examined one witness and examined the other?— I say it was the duty of the counsel to make Bracken contradict that statement; and if he 11'' did not do so, it was not Bracken's fault. 11530. I ask, was there or was there not an opportunity of doing so?— There was an opportunity for counsel to do so, but not for Bracken to do it. 11531. There was an opportunity for counsel to contradict that statement of Colley's?— Yes. 11532. He had also an opportunity of knowing what Bracken would swear?— I dare say he had. 11533- Bracken was his own witness?— Yes. 11534. And he did not examine him as to that point?— So it appears. 11535- You valued the land at from 1 I. .6 s. to 1 /. 10 s. per acre ?— Yes. 11536. Then your valuation goes to an extent of 4 s. an acre beyond what Bracken would venture to swear to ?— No, it would not; the most you can make of it would be that it is between the two, from 26 s. to 30 s. ; I say it might bring from 26 s. to 30 s., according to the anxiety of a person to take it, or the want of land in the market. 11537- Bracken's outside value is 1 /. 10 s. ?— Yes. 11538. Then the difference between Bracken's outside value and your outside Hi- value is 4 s. an acre, is it not?— Yes. 11539- Do you find, in any case you have looked at, that the second witness . ,' m was employed, who, you say Mr. White informed you, he had employed to value this land ?— I believe he was. 11540. Would you turn to any instance to show that he was ?— I do not know that I can ; I know I saw it in the newspapers. 11541. You know that Mr. Wallace, who was employed to value with Mr. Bracken, was examined in some cases ?— Yes. 11542. In some cases?— Yes. H543- But not in others?— Not in others. 11544. But if Mr. Wallace could have given evidence to corroborate Mr. Bracken in those cases, was there any reason, that you are aware of, why he should not have been examined?— There were a great number of cases that Mr. Wallace was not upon with Mr. Bracken and I was; and there were cases that Mr. Bracken was not upon which Mr. Wallace and I was. 1J545- Then are there manv cases depending upon the single testimony of Mr. Bracken ?— Yes, but I could not state which. 643- D D 4 11546. But