HC Deb 29 May 1911 vol 26 cc714-7
Mr. DEPUTY-SPEAKER

informed the House that he had received from the Judges appointed to try the several Election Petitions the following Certificate and Report relating to the Election for the East Cork Division of the County of Cork:

High Court of Justice in Ireland,

King's Bench Division,

Four Courts, Dublin,

May 26th, 1911.

Sir,

I have the honour to enclose herewith the Certificate and Report of the Right Honourable Mr. Justice Gibson and the Honourable Mr. Justice Dodd in the matter of the Election Petition for the East Cork Division of the County of Cork, together with a copy of the said Petition.

The Shorthand Writer's Notes of the Evidence and Judgment are forwarded to you by same post under separate cover.

I have the honour to be, Sir,

Your obedient servant,

ARTHUR H. COURTMAY,

Master of the King's Bench.

Prescribed Officer.

To the Right Honourable The Speaker,

House of Commons,

London, S.W.

In the High Court of Justice in Ireland, King's Bench Division.

The Parliamentary Elections Act 1868,

The Ballot Act, 1872,

and

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

And in the matter of an Election Petition in respect of a Parliamentary Election for the East Cork Division of the County of Cork, holden on the 15th day of December, 1910.

Between Timothy Glavin and Thomas Coady Petitioners.
and
Anthony J. C. Donelan Respondent.

To the Right Honourable the Speaker of the House of Commons.

We, John George Gibson and William Huston Dodd, two of the Judges of the King's Bench Division, 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 20th, 21st, 22nd, 24th, 25th, 26th, 27th, 28th, and 29th days of April, and the 1st, 19th, 20th, and 22nd days of May, 1911, we duly held a Court for the trial of and did try, the said Election Petition, and we certify that at the conclusion of the said trial we determined and adjudged that the said Anthony J. C. Donelan, being the Member whose Election was complained of in the said Petition, was not duly elected and returned, and that the said Election was and is void.

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 that:—

  1. (1) No corrupt practice was proved to have been committed by or with the knowledge and consent of the said Respondent, Anthony J. C. Donelan, at the said Election;
  2. (2) An illegal practice was proved to have been committed by and with the knowledge and consent of the said Respondent, Anthony J. C. Donelan, that is to say, a breach of Section 28 of the Corrupt and Illegal Practices Prevention Act, 1883, in payment by the Respondent, Anthony J. C. Donelan, and with his knowledge and consent, of expenses incurred on account of or in respect of the conduct and management of such Election otherwise than by or through his election agent or sub-agent.

Save as aforesaid, no illegal practice was proved to have been committed by or with the knowledge or consent of the said Respondent, Anthony J. C. Donelan.

With regard to the corrupt practice of treating,—

I, John George Gibson, found that there was such corrupt treating by Respondent's agents in connection with a meeting at Castlemartyr on December 11th, 1910.

I, William Huston Dodd, found that there was no such corrupt treating.

We certify the said difference and make no report accordingly.

We report that the following persons were guilty of illegal practices (that is to say):—

  1. (1) Breach of Section 28, being the illegal practice hereinbefore described, the Respondent, Anthony J. C. Donelan, John O'Brien, chairman, urban district council, Midleton, Timothy Murphy (otherwise Timon Murphy), of Cloyne, Eugene Kelly, of Ballyshane, Whitegate, John P. Bransfield, of Midleton, Maurice J. Bransfield, of Midleton, Michael Brady, of Midleton; but in respect of the three last-mentioned persons we have granted certificates of indemnity; and
  2. (2) Breach of Section 7 of the said Act, for contracts for payment for the purpose of promoting the Election of the Respondent, Anthony J. C. Donelan, on account of the conveyance of electors to and from the 717 poll, the said Eugene Kelly, Timothy Murphy, of Midleton, Patrick Daniel Moore, of Midleton; but in respect of the two last mentioned we have granted certificates of indemnity.

We report that corrupt or illegal practice did not prevail extensively in the constituency, and that there was no reason to believe that such corrupt or illegal practice so prevailed.

We report that the said Respondent, Anthony J. C. Donelan, by his Agents, was guilty of illegal practices as charged in the Petition, that is to say:—

  1. (1) Breach of Section 7 of the said Act by making contracts for payment for the purpose of promoting the election of the Respondent, Anthony J. C. Donelan, on account of the conveyance of electors to and from the poll;
  2. (2) Breach of Section 28 of the Corrupt and Illegal Practices Prevention Act, 1883, by payment of expenses incurred on account of or in respect of the conduct and management of such election otherwise than by or through his Election Agent.

On which charges the said Election has been adjudged void.

A Copy of the Evidence and of our Judgments written out by the official Shorthand Writers accompanies our Certificate and Report.

All which we Certify and Report.

Dated at Dublin this 26th day of May, 1911.

J. G. GIBBSON Judges.
W. H. DODD
Ed. Gibson Registrars.
Huston Dodd

And the said Certificate and Report were ordered to be entered in the Journals of this House.

Copy of Shorthand Writer's Notes laid upon the Table by Mr. Deputy-Speaker.