V SELECT COMMITTEE ON FICTITIOUS VOTES, IRELAND. 213 11687. He not succeed in his appeal ?— Certainly, because the jury did not Mr. E. Rooney. agree. * 11688. Then that is the difference between your statement and Mr. Courtenay's ? 25 May 1838. — Yes. 11689. Mr. Lefroy.~\ Consequently he was refused to be registered?— Yes. 11690. Then what is the difference between being refused to be registered and being rejected ?— My idea of the difference of his being refused from the jury not agreeing is, that it was open to him to come again before the barrister ; he was not bona fide rejected when the jury did not agree upon his case. 11691. Would it not be open to him to come forward again if the jury had found against him ?— I am not certain of that, because I am not aware of the law upon that point. 11692. When was this appeal you speak of?— It was at the assizes, I believe, previous to the sessions at which he was registered. 11693. Will you give me the date of that ?— I could not give you the date ; you will get it from Air. Courtenay's evidence. 11694. Can you tell me the date of that appeal?— I cannot. 11695. Can you tell me the judge before whom it was tried?— I think it was Judge Moore, if I am not mistaken ; I am not certain. 11696. Have you a note of what passed upon the trial ?— No, that is the reason I could not tell you the date of it. 11697. You have no doubt of it?— No, I took no note of it at the time. 11698. But you spoke from the accuracy of your recollection ?— From my being present. 11699. From the accuracy of your recollection ?— Yes, from the accuracy of my recollection of that case. 11700. Were there many appeals on that occasion?— Yes, there were. 11701. Were they tried by a jury ?— Yes. 11702. But you are quite sure you are accurate upon this one ?— Yes. 11703. You cannot be mistaken?— I do not think I can; I had afterwards a conversation with Reynolds, the agent on our side, and he coincided in opinion with me ; he is also satisfied of it, and is ready to give evidence if he is called upon. 11704. Mr. Cahill made several attempts to register?— I am not aware that he did. 11705. You never were in court when he attempted to register ?— I do not recollect it. 11706. You never were in court?— I do not recollect it. 11707. You do not recollect that you were?— No. 11708. Your memory is not very accurate ?— I do not trust to my memory much ; I look upon those things to be certain about it. 11709. How was it the jury could not agree ? Were you examined as a witness upon that trial ?— No. 11710. Were there witnesses examined?— I think Captain Walker and Mr. Galbraith were examined. 11711. They did not think he had a 10/. freehold ?— Their opinion was that he had not, and there were other witnesses examined who stated that he had ; I think Mr. M'Mannus was examined. 11712. Then the jury could not agree ?— No. 11713. And in consequence of the jury not finding that he had the qualifica- tion, he was refused the certificate ?— Of course it remained as it had done before; the jury were discharged. 11714. He was refused a certificate ?— He did not apply for it. 11715. Did he not apply for one when he proposed to register?— His appeal went forward ; but he did not apply for the certificate when the jury could not agree, of course. 11716. He applied to be put upon the register ?— He did. 11717. But the court refused to put him upon the register?— The jury could not agree, and of course the court were not asked to put him upon the register then. 11718. Was not his serving the notice a claim to be put upon the register.'— I dare say it was ; I am certain it was, of course. 11719. And when the jury did not find he was entitled to be put upon the register, was not that a refusal upon the part of the court to be put upon the register ?— The jury did not find one wav or the other; the jury disagreed. 643. " EE 3 11720. And