SELECT COMMITTEE ON FICTITIOUS VOTES, IRELAND. 111 c took it up, and said that he would not entertain their claims ; that he was not Mr. Patrick Flood. capable of making the leases. 8343. Did Counsellor Cummins say that he was not capable of executing the 8 May l838- leases ?— He said he was fearful that he did not know what he was doing. 8344. Is M'Avoy living or dead ?— He is dead since; he lived about three years after that time. 8345. Chairman.] What were M'Avoy's politics ?— He was on the Liberal side, of course ; but his politics were very little ; he never took an active part; he lived in the county of Meath, and he has property in the county of Long- ford. 8346. Mr. Serjeant Jackson.'] Was he what you would consider a neutral man?— No, he was espousing the Liberal side, but very little. 8347- Was he a member of the Liberal club ?— He was not; I saw him at a meeting, but I never saw him in the club- room. 8348. Mr. Hogg.] According to your account the barrister, when he rejected M'Avoy's tenants, distinctly stated that they had a 10/. interest ?— Yes ; but he objected that the man wTas not capable of making the leases. 8349. tlie registering barrister say that those men had a 10 I. interest, but that M'Avoy, in having given them a 10 /. interest, must be a madman, and that he would not register them ?— He declared that before the men came up at all; I said his prejudging the case was a great hardship, and he let them go into the other court where their claims would be maintained; he rejected one, and he let the other four go into the other court. 8350. Did he or not declare that he would reject the tenants upon the score of M'Avoy's being in an unsound state of mind, from having given them a 10 /. interest ?— Yes ; that he was not capable of judging of his own affairs. 8351. And the reason why he was not capable of judging of his own affairs was, because he had given these men a 10 /. interest ?— Yes, the barrister seemed to assign that reason. 8352. And these men, having this 10/. interest, were rejected?— They went into the other court. 83.53. And Mr. Lendrick was present at this time ?— Yes. 83.54. Was any barrister upon the Liberal side present ?— I think there was more than one barrister; there was Counsellor Berwick, and Counsellor I lutton, and Counsellor Curran. 83,5,5. Was this declaration in open court noticed by the barrister on the Liberal interest ?— I think it was. 83,56. Were you present ?— I was present when he made the declaration. 8357. What was said by the barrister attending for the Liberal interest ?— I do not think the barrister on our side took any notice of it. 83.58. He heard that declaration, and took no notice of it?— I am not certain; but if he did, there was no objection made. 83.59. If he did not take any notice of it, did he acquiesce in the propriety of the observation ?— I could not say whether he did or not; the barristers were principally in the other court; there was very little business doing, except taking out old certificates, at this time. 8360. For anything you can say to the contrary, the barrister attending in the Liberal interest assented to the propriety of that declaration?— No; Mr. Colquhoun objected to it, and said it was very wrong for the barrister to make such a statement in court, that M'Avoy was not capable of making his leases; he called Counsellor Cummins to order for making such an observation. 8361. You state that Mr. Fosberry rejected one voter that you think ought to have been admitted, one of M'Avoy's tenants ; was there an appeal from that rejection ?— There was. 8362. What was the result of that appeal?— There were only two or three appeals tried out of 500 or GOO. 8363. Was there an appeal from that particular rejection of M'Avoy's tenants ? — There was. 8364. What was the result of it ?— It was never tried ; the judges only tried two appeals out of all. 836.5. There were two barristers in the Conservative interest?— Yes. 8366. The barristers on behalf of the Liberal interest were pretty active too? — Yes. 8367. Attending to all that was going on ?— Yes. M 3 8368. Objecting