7 S E L E C T C O M M I T T E E O N F I C T I T I O U S V O T E S , I R E L A N D . J j 2 7 9 ' D" i! f th, eJ?. S^ r? e.. l >: our - v. objection J-. F. to that or the like effect made ?— I do not remember any objection made • I may state, I remember a charge made by Mr. Calhoun, at Ballymahon sessions of partiality, which was this: I always examined the freeholder myself when'he came up; I examined him as to the value, as to the number of acres, and as to what a solvent tenant could afford to give as an additional rent, without collu- sion, for the number of acres there ; I then calculated what that produced. In one case I referred to some one in court ( I do not know who it was, but Mr. Calhoun said it was one of the Conservative side) to calculate that arithmetically • and it was calculated, and, according to that calculation I admitted the claimant', and Mr. Calhoun said that was partial. It was open to the whole court and was merely a subject of arithmetic. 129,52. That was the only charge of partiality you ever heard ?— That was the only charge I ever heard alleged. I told Mr. Calhoun it was a most extraor- dinary charge to make; I told him I repelled the charge; I should be quite unworthy of my situation if I were guilty of partiality. That was a matter which was open to the world. 12953. It was simply a matter of arithmetical calculation?— Simply that. 12954. Is there any foundation for the statement that, in cases where persons professing liberal politics had from 15 to 20 acres, you rejected them, at the same time admitting those on the other side who had from six to eight acres only ?— I do not remember anything of the kind ; I may have rejected persons who had 15 or 20 acres, and I may have admitted persons who had less, but that depended on circumstances. Perhaps a person with 15 or 20 acres might have come forward, and, perhaps, underlet his land, and then I could not consider a person who had underlet his land a 10 I. freeholder, because he was bound to swear he was in the actual occupation, by residing, by tilling, or by grazing, or by all those three modes. 12955. But in respect to lands similarly circumstanced, that statement is not a correct statement of the line you pursued ?— Certainly not. 12956. It is contrary to the truth and fact?— I conceive it to be so, certainly. It must depend altogether upon the value ; one man with a very small portion of land might have an exceedingly good freehold; for instance, if he had expended a great deal upon a house, 01* other things. I remember one man in particular who spent 500/. upon a house. 12957. Do you recollect being applied to to register some tenants deriving under a Mr. M'Evoy ?— Perfectly. 12958. Is it true you made a previous declaration before examining into those cases, that you would not admit any of those tenants ?— No, I can explain that whole transaction. 12959. Be so good as to state to the Committee what really occurred upon that transaction ?— A number of leases were produced of Mr. M'Evoy's tenantry ; those leases were very recently made, and I considered it necessary to inquire into leases that were recently made with a great deal of particularity, to see whether they were for the purpose of what is called " occasional voting." The agents told me that Mr. M'Evoy had granted those new leases for the purpose of creating freeholds in the county, and had sacrificed a great deal of pecuniary emolument for that purpose. When a claimant was brought forward I examined him with a great deal of care and attention 011 that account, but in no case did I refuse to receive the lease; I went into the claim of every one of the tenants, and adjudged upon the merits. I saw Mr. M'Evoy himself; he was examined before me, and- registered himself. Lie was an elderly gentleman, who seemed to be paralyzed, and certainly seemed to be not a strong- minded person. The day I registered him he seemed to have considerable difficulty as to his own title, and I postponed it till the following day, in order that, from his state of mind, he might be more effectually prepared, and I found then he had sufficient intellect to register, and I registered his vote accordingly. That was the reason I investigated those claims as I did every case of a new lease that came before me. That which I have stated was said'openly in court by the agent. 12960. Then it is not true that you declared you would not admit those tenants to the franchise, because you were aware the landlord was not in a state of mind to make leases ; that he sacrificed too much, that he was not in a state of mind to make leases, and that you would not register them at all ?— Certainly 643. N N 4 NOT 5 Esq. 8 June 1838.