36 MINUTES OF EVIDENCE BEFORE SELECT COMMITTEE j<w<!#A
Gw*, Esq.
403.
Does there appear to be an organized system of resistance to the collection
of tithe throughout the whole of Kilkenny ?—I
think so; it has spread latterly very 24Jaji.uar.yjS32.
m^k.
404.
When, to your own knowledge, did this first commence?—It
has been going on one way or another for several years; but the principal opposition has-been shown within the last 12 months; I think it commenced at Graigue.
405.
Did you, in fact, ever hear of the police being employed before the cir-cumstances that occurred at Graigue ?—I
cannot call to my recollection any par-ticular instance; they might have been employed without my knowledge, as it was not my duty to make any inquiry prior to my appointment.
406.
Does it appear to you that this system extends to the collection of Grand Jury cess or any other impost ?-—No,
I think not.
407.
Have you any suggestions to make to the Committee as a remedy for this, state of things ?—I
think it is quite impossible that as the law at present stands any clergyman can recover his tithes ; there are only two modes that strike me as prac-ticable, which are either making tithes a land-tax, or commuting them for landed, property.
408.
Will you state to the Committee in what way you authorize the employ--ment of the police for the collection of tithe ?—Merely
to protect the process-server, but never to act themselves as servers of process.
409.
Upon the affidavit of the process-server ?—Upon
the affidavit of the pro-cess-server or the clergyman: I have some of the affidavits with me if the Com-mittee would wish to see them.
410.
What is the form of those affidavits?—That
the process-server considers himself in danger, and would not undertake the service without the protection of the police or military; that he has attempted to perform the duty, and has been prevented; in fact there is scarcely an instance for the last few months in "which, the process-server went out by himself where he has not been beat.
411.
Do you ever find that the process-server comes directly to you without attempting to serve the process ?—In
many instances they have attempted first, but latterly they have not ventured to do so.
412.
Do you give an escort to the process-server when he has sworn before a magistrate that his life was in danger ?—Yes.
433.
Does the clergyman swear to the danger of the process-server ?—Sometimes
the clergyman does; and I have had instances where both the clergyman and the process-server have sworn; but by the present law, process-servers are appointed at the quarter sessions, and no process is legally served that is not served by a person appointed by the assistant barrister at the quarter sessions.
414.
Are you acquainted with all the circumstances connected with the late affray at Knocktopher ?—I
think I am.
415.
Did the process-server there, in the first instance, make the necessary affidavit that he had attempted to serve the process?—He
did.
416.
Did he state when he made that affidavit that he feared any peculiar danger on that occasion?—He
did.
417.
Have you any reason to believe that the attack upon the police was a pre-meditated attack upon them ?—Yes,
I will mention the particulars: I received an application from Dr.
Hamilton for protection for three days for his process-server, upon which I ordered a chief constable and 40 men to attend the process-server, and to commence the first day in that part of the parish where I felt confident there would be no opposition, as the magistrate on whose tenants the services were" to be made was at home, and is a decided enemy to any opposition to tithes on their part; the consequence was, that day passed off quietly.
In the early part of the second day there was no opposition; but at the close of the day people col-' lected and threatened the chief constable and the process-server, and told them' that the next day would not pass over so quietly.
The third day, at an early hour, the chapel bells commenced ringing, and horns sounding, and whistling, and' the people collected from all sides of the country, for miles round, until they gra-dually closed together.
I believe at 11 or 12 o'clock they followed the police and the process-server till they got them in a lane, a part of which is about 24 feet wide, and there is a wall about three feet on each side of it, and not at all a bad' place for the police to have made defence, for the ground is not commanding at" either side; the mob closed in upon them suddenly, and I understand the chief constable was the second person that was killed ; the process-server was the first' that was knocked down; there were 12 police killed besides the process-server.
418,
