EAST KERRY ELECTION PETITION (REPORT OF JUDGES). (Hansard, 11 July 1910)

§ Mr. SPEAKER

I have received the following Report with reference to the East Kerry election petition:—

In the High Court of Justice in Ireland.

King's Bench Division.

The Corrupt and Illegal Practices Prevention Acts, 1883 and 1895,

and

In the matter of a Parliamentary Election for the East Kerry Division of the County of Kerry, holden on the 22nd day of January, 1910.

John Murphy and Daniel Collins, Petitioners.

Eugene O'Sullivan, Respondent.

The Rt. Honble. the Speaker of the House of Commons.

We, the Rt. Hon. Dodgson Hamilton Madden and the Rt. Hon. William Kenny, two of the Judges of the High Court of Justice in Ireland, on the rota for the time being for the trial of Parliamentary election petitions in Ireland,

Do hereby certify in pursuance of the said Acts that upon the 21st, 22nd, 23rd, 24th, 25th, 27th, and 29th days of June, 1910, we duly held at the Court-house, Killarney, a court for the trial of and did try the election petition for the East Kerry Division of the County of Kerry, between John Murphy and Daniel Collins, Petitioners, and Eugene O'Sullivan, Respondent.

And, in further pursuance of the said Acts, we certify that at the conclusion of the said trial we determined: That Eugene O'Sullivan, being the Member whose election and return were complained of in the said petition, was not duly elected and returned, and that the said election was void, and we do hereby certify in writing such our determination to you.

And whereas charges were made in the said petition of corrupt and illegal practices having been committed at the said election, we, in further pursuance of the said Acts, report as follows:—

(1) That corrupt practices were proved to have been committed with the knowledge and consent of the said Eugene 39 O'Sullivan, and that the nature of such corrupt practices was undue influence and intimidation exercised in order to induce voters to vote for the said Eugene O'Sullivan or to refrain from voting for the petitioner John Murphy, who was the candidate opposed to him; and that we differ as to whether such undue influence and intimidation were exercised by the said Eugene O'Sullivan personally.

(2) That the said Eugene O'Sullivan was proved to have been guilty of the said corrupt practices through his agents, Patrick Daly, John Mick Sullivan, and Cornelius Kelliher, and that the corrupt practices committed by the said Patrick Daly and John Mick Sullivan were committed with the knowledge and consent of the said Eugene O'Sullivan.

(3) That the following persons have been proved to have been guilty of the corrupt practice of personation: Thomas Russell, Patrick Cronin, James Conner, Martin Cronin.

(4) That none of the aforesaid persons have been furnished with certificates of indemnity.

(5) That corrupt or illegal practices have not extensively prevailed at the said election, nor is there reason to believe that they did extensively prevail thereat.

A copy of the evidence and of our Judgment taken down and written out at length by the deputies of the Shorthand-Writer of the House of Commons accompanies this our Certificate.