353 M I N U T E S OF E V I D E N C E T A K E N B E F O R E T I IE John Julian, Esq. judges, he could not hold himself bound by that decision, nor induced by it to alter his former decision upon the law. u July 1838. 14725. Were there any other similar instances after that matter had been so brought before him, and he had been referred to the decision of the majority of the twelve judges ?— There were several other cases, but I did not take notes of - " 1 • - i- ™ o- v^ at burthen of the them; I found it impossible to do so, for the great ourtnen or tne cross- examination devolved upon me; the gentlemen supporting the claim having very little to do, I had a great deal to do ; and Mr. Kelly took a note of several other cases, and can give better information upon those cases to the Com- mittee. . . 14726. Can you say how many votes he admitted upon that principle, after he had been informed of the decision made by the judges ?— A good many. 14727. Which now remain registered as voters ?— Yes. 14728. Before that decision of the judges, can you state the number ad- mitted on that principle ?— No, I cannot state the number, but a great number. 14729. Those remained upon the register?— Yes; my opinion leads me to think that by far the great majority of the 10/. freeholders were registered without having 10/. marketable value. 14730. An interest of 10/. beyond what a solvent tenant could pay?— Yes. 14731. Or beyond what they would pay ?— Yes, if they intended to pay the rent. 14732. So that you have no doubt that the principle upon which Mr. Gibson acted before and after the decision of the judges was, that the labour of the man and his family was not to be deducted ?— Not the least doubt. 14733. You have already said, as long as it was useful, or could be available, the objection was made ?— Yes. 14734. It was only abandoned on the Conservative side w hen Mr. Gibson said he would abide by his decision ?— Yes ; it was resumed after the decision of the judges in Pheney's case. 14735. But then abandoned on the same principle as it had been abandoned before ?— Yes; as long as I had been opposing the registration of voters while Mr. Gibson was the assistant barrister, I only recollect four cases which were rejected for want of sufficient value, and in some of those cases they can hardly be called rejections; there was one person who came to register out of an acre of ground, and after the first few words, he was interrupted by the parties who brought him forward, so that there was not an adjudication. There was ano- ther case in Tullamore, where a person swore to a beneficial interest in conse- quence of having sold turf in considerable quantities off a bog upon his land ; but upon looking to his lease, it appeared he had no power to cut turf for sale, and he was rejected. There were one or two other cases I do not particularly recollect, not having taken notes of them. 14736. Do you happen to recollect or to know what was the fewest number of acres upon which any man was registered as a 10/. freeholder ?— There were men registered commonly who had five acres, and I think there are cases where men were registered with less than that. 14737. Certainly with five acres ?— Yes. 14738. Paying what rent ?— Eighteen shillings and five- pence half- penny an acre ; from 14 s. to 1/. an acre. 14739. I11 a great majority of those cases you have no doubt, in stating that 10/. a year beyond the rent could not be got?— I could have been furnished, in a great majority of those cases, with evidence to that effect. 14740. You did tender evidence upon oath in some cases, when the question arose after the decision of the judges, to show the fact I have mentioned ?— Yes, in several cases. 14741. That was held not to the issue?— The first case was the case of James Durrovan, of Foolah; I mention that, because the newspapers say it was mentioned in the House of Commons; in that case I called Mr. Garratt O'Moore, a gentleman of large landed property; his evidence in the case of James Durrovan, of Foolah, was that he knew the entire of the townland of Foolah perfectly, and his reason for knowing it was that he held one half of it in fee; he heard James Durrovan give his testimony as to the value of the land, and he swore it from hearing him give it, and he knew the part of the land of Foolah to which he deposed, because he swore it bounded his estate; it was a very short distance from his residence, and he was perfectly acquainted with the