30 



Memorialists, on being convicted, claimed a right of appeal against the 

 decision, which was granted, the magistrates then ^conceiving that the law 

 enabled them to receive it; but at the following Quarter Sessions, held at 

 Donegal, the assistant-barrister was of opinion that in this case no appeal 

 could be admitted. There has been no warrant as yet issued against the 

 persons of the memorialists ; and we cannot avoid observing that the memo- 

 rial does not appear to us to be the immediate act of the Bundoran fishermen, 

 nor that they have ever seen it; but was got up and forwarded in this manner 

 to government by some interested individual ; the handwriting in the 

 memorial and the names subscribed thereto, being the same; two of them, 

 namely, James Kerrigan and John Gilvarry, do not write. 

 " We have the honour to be, &c. &c, 



" MATTHEW DAVIS, J. P. 



" EDWARD ALLINGHAM, J. P." 

 " To Lord discount Morpeth, Castle, Dublin." 



" P. S. Mr. T. J. Atkinson, one of the magistrates who presided at the 

 investigation, is at present in Dublin." 



" Dublin Castle, Nov. 1 9, 1840. 



< SIR, I have been favoured with your letter, and beg to state, in reply, 

 that the memorial to which it refers stated two things first, that the magis- 

 trates refused to receive evidence, which was tendered ; secondly, that they 

 informed the party he might appeal to the assistant-barrister ; and it further 

 stated, that he did so appeal, and that, upon the matter being brought before 

 the barrister, he declared he had no jurisdiction. The Lords Justices, there- 

 fore, thought themselves bound to refer the memorial to the magistrates, 

 with a view to ascertain what the facts were, and whether they had over- 

 stepped their jurisdiction ; if they had done so, the government would have 

 been warranted in apprising them that such was the fact ; but it appears by 

 the statement which they have sent in answer, that they have not exceeded 

 their jurisdiction, and here, therefore, the interference of the government 

 ends. 



" I have the honour to be, 



" Your very faithful and obedient servant, 

 " To Colonel Conolly, M.P" " MORPETH." 



Copy of an Affidavit forwarded to the Lord Lieutenant, through. 

 N. H. MacDonald, Esq, $c. 



"County of Donegal,\ Thomas Lipsctt, of Ballyshannon, in the said county 

 to wit. r of Donegal, farmer, maketh oath and saith, that 



^ Counsellor Atkinson never was employed or retained 



professionally, for or by this deponent, at the Lent Lifford Assizes, 1841, or 

 at any other time, or on any other occasion whatsoever; and deponent 

 further saith, that the said Counsellor Atkinson had no intimation of any 

 expressions made use of by this deponent to Charles Macartney, head-con- 

 stable of police, in the Court House of LifFord, at said Assizes, respecting the 

 police stationed at Kildoney, or respecting the Reverend Mr. Tredennick 



