House of Lords Journal Volume 62
29 April 1830

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'House of Lords Journal Volume 62: 29 April 1830', Journal of the House of Lords: volume 62: 1830, pp. 257-277. URL: http://british-history.ac.uk/report.aspx?compid=16337 Date accessed: 26 November 2014.


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Contents

Die Jovis, 29 Aprilis 1830.
Sir A. I. Cochrane v. Dr. Ramsay. Interlocutor Reversed, & Cause remitted. M'Gavin v. Stewart: Same v. same. Morrison et al. v. Mitchell. Hamerton's Divorce Bill: Mrs. Matthews to attend. Thomson v. Forrester. Greenwich Hospital Fund, Petition of Trustees of the Merchants Seamen's Hospital, Falmouth, against contributing to. East India, &c. Trade, Petition of the Seven Incorporated Trades of Dumfries for opening, referred to East India Com ee. Parochial Registers (Scotland) Bill. Message to H. C. for Report on Northern Roads. East India Com ee, Witnesses to attend. Summons for 4th May postponed to the 11th. Distress of the Country, Petition from Northumberland respecting. Slavery, Petition from Pontefract for Abolition of. Sunderland Harbour Bill. Hagley Inclosure Bill. Wendover Road Bill. Warrington & Newton Railway Bill. Wigan Railway Bill. Leeds & Selby Railway Bill. Accounts delivered: Duty on Corn & Flour: Duties on various Articles: and on Thrown Silk, &c. Comrs of Charitable Donations et al. v. Harris et al. Mullins et al. v. Townsend. Same v. same. Account of Fee Fund of the Court of Session to be printed. British Spirits, Petition of Corn Distillers of England, Scotland & Ireland against additional Duty on. Redcross Road Bill: Acle & Yarmouth Road Bill: Messages to H.C. that the Lords have agreed to the 2 preceding Bills. Barnwell Tithes Bill read 2 a & committed: Judges Report on referred to the Com ee. Ringmer Road Bill. Everton Church Bill. Sir P. Pole's Estate Bill. New River Co's Estate Bill. Wallis's Divorce Bill. Rhodes v. De Beauvoir, Respondent's Petition for Time for his Case, referred to Appeal Com ee. Duff v. Fraser, Respondent's Petition to lodge his Case, referred to Appeal Com ee. Fraser v. Fraser, Respondent's Petition to lodge his Case, referred to Appeal Com ee. J. H. G. Johnstone's Petition claiming the Earldom of Annandale, &c. Arle, &c. Inclosure Bill. Leonard Stanley Inclosure Bill. D'Oyly's Divorce Bill. Poor Laws, Petition from Chatham & Gillingham to extend, to Ireland. East Retford Election Bill. Re-examined by Mr. Law. Examined by the Lords. Report of H. C. on Northern Roads communicated. Adjourn.

Die Jovis, 29 Aprilis 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

Dux CUMBERLAND.
Ds. Lyndhurst, Cancellarius.
Archiep. Ebor.
Epus. Lincoln.
Epus. Bristol.
Epus. Roffen.
Epus. Oxon.
Ds. Dacre.
Ds. Clifton.
Ds. Teynham.
Ds. Forbes.
Ds. Napier.
Ds. Boyle.
Ds. King.
Ds. Monson.
Ds. Grantham.
Ds. Holland.
Ds. Vernon.
Ds. Ducie.
Ds. Grantley.
Ds. Gage.
Ds. Calthorpe.
Ds. De Dunstanville & Bassett.
Ds. Rolle.
Ds. Carbery.
Ds. Dunalley.
Ds. Loftus.
Ds. Ellenborough.
Ds. Arden.
Ds. Mont Eagle.
Ds. Ailsa.
Ds. Manners.
Ds. Melbourne.
Ds. Prudhoe.
Ds. Penshurst.
Ds. Somerhill.
Ds. Tenterden.
Ds. Durham.
Ds. Skelmersdale.
Ds. Wallace.
Ds. Wynford.
Comes Bathurst, Præses.
Comes Rosslyn, C. P. S.
Dux Wellington.
March. Salisbury.
March. Bute.
March. Camden.
Comes Westmorland.
Comes Winchilsea & Nottingham.
Comes Doncaster.
Comes Shaftesbury.
Comes Rosebery.
Comes Tankerville.
Comes Stanhope.
Comes Brooke & Warwick.
Comes Fitzwilliam.
Comes Hardwicke.
Comes De Lawarr.
Comes Hillsborough.
Comes Talbot.
Comes Mansfield.
Comes Carnarvon.
Comes Malmesbury.
Comes Mount Cashell.
Comes Wicklow.
Comes Caledon.
Comes Romney.
Comes Chichester.
Comes Limerick.
Comes Grey.
Comes Bradford.
Comes Falmouth.
Comes Vane.
Comes Amherst.
Vicecom. Arbuthnott.
Vicecom Lorton.
Vicecom. Gordon.

PRAYERS.

The Lord Wynford sat Speaker by virtue of a former Commission.

Sir A. I. Cochrane v. Dr. Ramsay.

The House (according to Order) proceeded to take into further Consideration the Cause wherein The Honorable Sir Alexander Inglis Cochrane is Appellant, and Doctor David Ramsay is Respondent:

And Consideration being had thereof accordingly;

The following Order and Judgment was made:

After hearing Counsel, as well on Thursday the 8th as on Wednesday the 28th Days of this instant April, upon the Petition and Appeal of The Honorable Sir Alexander Inglis Cochrane of Murdieston, Knight Grand Cross of the Order of the Bath, complaining of an Interlocutor of the Lords of Session in Scotland, of the Second Division, of the 11th of March 1828; and praying, "That the same might be reversed, varied or altered, or that the Appellant might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of Doctor David Ramsay, Physician in Edinburgh, put in to the said Appeal; and due Consideration had this Day of what was offered on either Side in this Cause:

Interlocutor Reversed, & Cause remitted.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutor complained of in the said Appeal be, and the same is hereby Reversed: And it is further Ordered, That the Cause be remitted back to the Court of Session in Scotland, with Instructions to the said Court to reduce the general Service.

M'Gavin v. Stewart:

After hearing Counsel, in Part, in the Cause wherein James M'Gavin is Appellant, and James Stewart is Respondent:

It is Ordered, That the further Hearing of the said Cause be put off to Tuesday next.

Same v. same.

Ordered, That the Hearing of the Second Cause wherein the said James M'Gavin is Appellant, and the said James Stewart is Respondent, which stands appointed for this Day, be put off to Tuesday next.

Morrison et al. v. Mitchell.

Ordered, That the Hearing of the Cause wherein John Morrison, and others, are Appellants, and James Mitchell is Respondent, which stands appointed for this Day, be put off to Tuesday next.

Hamerton's Divorce Bill:

The Order of the Day being read for the further Consideration of the Bill, intituled, "An Act to dissolve the Marriage of William Medows Hamerton Esquire with Isabella Frances his now Wife, and to enable him to marry again; and for other Purposes;" and for the Lords to be summoned;

Counsel were accordingly called in.

The Counsel stated, "That in consequence of what had occurred on a former Day, and the Doubts entertained by their Lordships as to the Sufficiency of the Evidence they adduced, the Petitioner had sent Abroad for additional Evidence."

The Counsel was informed, "That, under the Circumstances of the Case, their Lordships considered it necessary that the Lady should be called who could give Evidence of what took place at Cheltenham."

The Counsel stated, "That, acting upon his Judgment, he should not advise his Client to call this Lady, considering the Circumstances under which he would be placed by the Nature of her Evidence; and that he was persuaded the Evidence he should adduce would be perfectly satisfactory, as he should prove the Crime of Adultery by Eye Witnesses of the Fact."

Then Francois Delauney was called in:

Monsieur H. G. Le Vert was sworn as Interpreter, as follows:

"You shall well and truly interpret, according to the best of your Skill and Understanding, between this House and the Witnesses who shall be examined at the Bar of this House, and a true Report make of the Matter and Matters which each and every such Witness shall give in Evidence,

So help you GOD."

The Witness was then sworn, the Oath being interpreted by Monsieur H. G. Le Vert; and examined as follows:

(By Counsel.) "What are you?"

"A Porter."

"Did you ever live at No. 51, Rue Neuve St. Augustine, in the City of Paris?"

"Yes."

"When did you live there?"

"I went there either at the End of January or the Beginning of February, and left in April."

"In what Year?"

"In the Year 1828."

"Did your Wife live with you there at the same Time as Porteress?"

"Yes."

"Did a Lady who went by the Name of Hamerton live at the House at that Time?"

"Yes."

"What Apartments did she occupy?"

"She had a Ground Floor at the Bottom, on the Left."

"How many Rooms did her Apartments consist of?"

"It consisted of a Dining-room, a Drawing-room, a Bed-room, a Boudoir, a Room for the Servant, and a Kitchen."

"When you speak of a Boudoir, was there a Bed there, as well as in the Room called the Bed-room?"

"There was no Bed, properly speaking, but a Couch, which is called in France a Canopy."

"Had Mrs. Hamerton any Maid-servant with her at the Time?"

"Yes."

"What was your Duty as Porter at this House?

"My Duty was to rub and keep the Apartments for Ten Francs a Month, which I received of Mrs. Hamerton."

"What was your Wife's Duty?"

"My Wife's Duty was to make the Bed of Mrs. Hamerton, and to carry Letters, and do the other Errands which she might be required to do."

"Did your Wife constantly make Mrs. Hamerton's Bed, or did you sometimes?"

"I did sometimes; when the Portress was in the Lodge, the Waiting Maid would ask me to go and make the Bed with her."

"How came you to be asked ever to make the Bed instead of your Wife?"

"When my Wife was otherwise engaged, then the Chambermaid would ask me to help her to get the Bed done; and sometimes I would go in the Room, thinking it was done, and it was not done, and then I was required by the Chambermaid to do it."

"Was the Bed frequently made at a late Hour of the Day?"

"Sometimes the Bed was made in the Morning, but more Times in the Afternoon; it depended upon Mrs. Hamerton going out where she was to sleep."

"Did a Gentleman of the Name of Bushe visit Mrs. Hamerton at her House?"

"Yes."

"Did he come alone, or did any body come with him?"

"Always alone."

"Did he come every Day, and upon some Occasions more than Once a Day?"

"Every Day regularly; Twice or Three Times a Day, because he might come to Dinner, and then to Breakfast in the Morning."

"When Mr. Bushe came to Dinner, did he stay late at Night?"

"Until Midnight or Half past One and Two o'Clock, according to the Day, when Mrs. Hamerton did not go to the Play."

"Did he ever stay in the House all Night; was there any Occasion on which you let Mr. Bushe into the House, and had Reason to believe he staid all Night?"

"One Day I opened the Door to him, I saw him at Dinner, and I never saw him again until the next Morning at Seven o'Clock, and therefore I concluded he staid there all Night."

"At what Hour did you see him go from the House the next Morning?"

"It was about Seven o'Clock."

"Did Mr. Bushe and Mrs. Hamerton frequently go out together?"

"Yes, very often."

"When you made the Bed with Mrs. Hamerton's Maid, did you make any Observation as to the Appearance of the Sheets?"

"Yes; I could see that Mrs. Hamerton did not always sleep alone."

"Did you arrive at that Conclusion from any Marks you saw on the Sheets?"

"It was the Stains on the Sheets, and the Condition in which the Bed was, as when Two Persons sleep on the Bed; there were Two Marks on the Bed."

"Do you remember a Dressmaker coming to Mrs. Hamerton?"

"I recollect that a Dressmaker was sometimes there when Mrs. Hamerton was there."

"Do you know where Mr. Bushe lives?"

"No."

"Did you ever see Mr. Bushe go into any House in Paris?"

"No."

"Did you accompany any Person to any House in Paris; any English Gentleman?"

"No."

"Have you accompanied the Domestic of any English Gentleman?"

"Yes."

"You went with the Domestic of an English Gentleman to a House in Paris?"

"Yes."

"Where was that House?"

"No. 16, Rue Godôt."

"Did you see Mrs. Hamerton and Mr. Bushe at that House?"

"Yes."

"Where did you see him; in what Part of the House?"

"On the Second Floor."

"Were they at the Window at that House?"

"I saw Mrs. Hamerton at the Window, and Mr. Bushe walking in the same Room."

"Did you see Mr. Bushe go into that House?"

"Yes, on the 15th and 16th of April."

"Did you stay some Time to watch?"

"Yes."

"Did you see him come out?"

"Two Days following I saw him come out; on the 15th, on the 16th I did not see him come out."

"On what Day was it you saw Mrs. Hamerton at the Window, and Mr. Bushe walking about the Room?"

"It was on the 16th."

"Did any other Person visit Mrs. Hamerton while you was Porter at the House but Mr. Bushe?"

"No, nobody else, besides Mr. Bushe."

"Do you know the Name of Parslow?"

"Yes."

"Was Parslow the Person who was with him?"

"Yes, he was the Person who accompanied him to the Rue Godôt."

"You say you saw Mrs. Hamerton at the Window of the House, and Mr. Bushe walking in the Room, and you saw Mr. Bushe go in on the 15th; was that the same Mrs. Hamerton and Mr. Bushe that lived in the House where you was Porter?"

"Yes, they were the same."

(By a Lord.) "What House was this; a private House?"

"A common House, but furnished; a furnished Lodging House."

"When were you applied to to come here?"

"About a Fortnight ago."

"By whom?"

"By Mrs. Seutens, who worked at Mrs. Hamerton's."

The Witness was directed to withdraw.

Then Margaret Delauney was called in and sworn, and examined as follows, through the Interpretation of Monsieur H. G. Le Vert:

(By Counsel.) "Are you the Wife to the last Witness?"

"Yes."

"Did you live with your Husband as Portress at No. 51, Rue Neuve St. Augustine?"

"Yes."

"Did you see Mr. Bushe come frequently to that House?"

"Yes."

"Did you ever see Mr. Bushe, when he came to visit Mrs. Hamerton, go into Mrs. Hamerton's Bed-room?"

"Yes."

"Do you recollect upon any Occasion sitting up to a very late Hour, Three or Four o'Clock, when Mr. Bushe had dined with Mrs. Hamerton, and had staid the Evening with her?"

"Yes."

"For what Purpose did she sit up that Night?"

"Because she waited 'till the Gentleman went out, to go to Bed herself."

"Did Mr. Bushe go out that Night while she sat up?"

"No."

"Do you know when he left the House the next Morning?"

"At Seven o'Clock, or a Quarter to Seven, as my Husband told me, he left the House."

"Did you yourself go to Bed at Four o'Clock."

"Yes."

"Upon any Ocasion on which you saw Mr. Bushe go into Mrs. Hamerton's Bed-room, did you see Mrs. Hamerton go sometimes into the Room?"

"Yes."

"Was there a Sofa in Mrs. Hamerton's Bed-room?"

"There was what is in French called a Canopy or Sofa."

"In what Way was Mrs. Hamerton dressed?"

"She was in an undress Morning Gown, what is called in French a Bleus; it is a kind of Pinafore or loose Gown."

"Did you see them sitting together upon the Sofa in the Bed-room?"

"Yes."

"Have you frequently seen Mr. Bushe enter the Apartment of Mrs. Hamerton?"

"I have Twice or Three Times seen Mr. Bushe come out of Mrs. Hamerton's Bed-room, to give me Time to make the Bed."

"At what Time?"

"It was in the Morning, about Half past Nine or Ten o'Clock; I do not exactly remember the Time more precisely."

"Did Mr. Bushe and Mrs. Hamerton frequently go out together?"

"Yes, very often; in the Evening."

"How late at Night did they frequently return when they went out together?"

"Sometimes at Ten o'Clock; when they went to the Play it was always Half past Eleven or a Quarter to Twelve."

"Did you frequently make Mrs. Hamerton's Bed?"

"I have made the Bed Twice or Three Times, not more."

"Why did not you make the Bed more frequently?"

"Because I was engaged in the Morning somewhere else, and when it was too late the Maid of Mrs. Hamerton came to fetch me, when she was not there; I could not make it oftener, because I was gone to my other Occupations."

"On the Occasions on which you have made the Bed, did you observe whether it had been slept in by more Persons than One?"

"Yes."

"Are you satisfied, from the Observations you made upon that Bed, that more than One Person had used it?"

"Yes."

"Did you observe any thing upon the Sheets, the State of the Sheets?"

"Yes."

"Did you observe any thing upon the Sheets that led you to believe that a Man and Woman had been in the Bed?"

The Counsel was informed, "That after the Facts which the Witness had already proved their Lordships did not consider it necessary to pursue that Line of Examination any further."

"Did you go to No. 16, Rue Godot, for the Purpose of seeing a Gentleman and Lady that went by the Name of Mr. Bushe and Mrs. Hamerton?"

"Yes."

"Was she with her Husband and a Person of the Name of Parslow when you saw them at that House?"

"Yes."

The Witness was directed to withdraw.

The Counsel was informed, "That their Lordships having seen the Evidence of Mrs. Matthews before the Ecclesiastical Court, it appeared to differ so greatly from the Case now presented in Evidence, that their Lordships would consider it necessary to examine Mrs. Matthews on a future Day."

The Counsel was directed to withdraw.

Ordered, That the further Consideration and Second Reading of the said Bill be put off to Tuesday next, and that the Lords be summoned; and that Counsel be called in at Three o'Clock.

Mrs. Matthews to attend.

Ordered, That Mrs. Mary Matthews do attend this House on Tuesday next, in order to her being examined as a Witness upon the Second Reading of the lastmentioned Bill.

Thomson v. Forrester.

Ordered, That the Cause wherein James Thomson is Appellant, and Thomas Forrester is Respondent, be heard by Counsel at the Bar on Tuesday next.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Greenwich Hospital Fund, Petition of Trustees of the Merchants Seamen's Hospital, Falmouth, against contributing to.

Upon reading the Petition of the Trustees on behalf of the Merchants Seamen's Hospital established at the Port of Falmouth, whose Names are thereunto subscribed; praying their Lordships "to grant them Relief, by repealing that Part of the Act passed in the Year 1741 subjecting the Merchant Seamen to contribute Sixpence per Month to Greenwich Hospital; and be further pleased to amend their own (Merchants Seamen's) Act of 20 George 2, Cap. 38, 1747, so as that the same, in addition, may be applied to their own Fund, from which they would receive the full Reward of their Industry:"

It is Ordered, That the said Petition do lie on Table.

East India, &c. Trade, Petition of the Seven Incorporated Trades of Dumfries for opening, referred to East India Com ee.

Upon reading the Petition of the Seven Incorporated Trades of the Royal Burgh of Dumfries, under their Common Seal; praying, "That their Lordships may be pleased not to grant a Renewal of the Monopoly of the Trade with India and China by The East India Company, which has proved so extremely prejudicial to the Interests of His Majesty's Lieges:"

It is Ordered, That the said Petition do lie on the Table.

Ordered, That the said Petition be referred to the Select Committee appointed to enquire into the present State of the Affairs of The East India Company, and into the Trade between Great Britain, the East Indies and China.

Parochial Registers (Scotland) Bill.

Ordered, That the Bill, intituled, "An Act for the better Regulation of Parochial Registers in Scotland; and for the general recording of such Registrations in the Office of The Lord Clerk Register in Edinburgh," be read a Second Time on Wednesday next; and that the Lords be summoned.

Message to H. C. for Report on Northern Roads.

Ordered, That a Message be sent to the House of Commons, to request that they will be pleased to communicate to this House, "A Copy of the Report made from the Select Committee appointed by that House on the State of the Northern Roads."

East India Com ee, Witnesses to attend.

Ordered, That Robert Rickards. Esquire and Stephen Wilson Esquire do attend this House this Day, to be sworn, in order to their being examined as Witnesses before the Select Committee appointed to enquire into the State of the Affairs of The East India Company and into the Trade between Great Britain, the East Indies and China.

Summons for 4th May postponed to the 11th.

It was moved, "That the Order made on Monday the 5th of this instant April, "That all the Lords be summoned to attend the Service of the House on Tuesday the 4th of May next," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Ordered, That all the Lords be summoned to attend the Service of the House on Tuesday the 11th of May next.

Distress of the Country, Petition from Northumberland respecting.

A Petition of the Nobility, Gentry, Clergy and Freeholders of Northumberland was presented and read; praying their Lordships, "by a Revisal of the Measures adopted since 1819, coupled with the strictest Economy in the Public Expenditure, and the Repeal or Reduction of those Taxes which press most grievously on the Poor, to grant such Relief as their Lordships in their Wisdom may think fit, and which the present Distress of a suffering Community imperatively demands:"

Ordered, That the said Petition be received as the Petition of Sanderson Ilderton Sheriff, who only has signed it.

Slavery, Petition from Pontefract for Abolition of.

Upon reading the Petition of the Minister and Members of the Congregation of Protestant Dissenters of the Independent Denomination at Pontefract, Yorkshire, whose Names are thereunto subscribed; praying, "That their Lordships will speedily adopt Measures for the immediate and entire Abolition of Slavery in every Part of the British Dominions:"

It is Ordered, That the said Petition do lie on the Table.

Sunderland Harbour Bill.

A Message was brought from the House of Commons, by Mr. Michael Angelo Taylor and others;

With a Bill, intituled, "An Act to amend and enlarge the Powers and Provisions of several Acts relating to the Improvement and Preservation of the River Wear and the Port and Haven of Sunderland, in the County Palatine of Durham;" to which they desire the Concurrence of this House.

Hagley Inclosure Bill.

A Message was brought from the House of Commons, by Mr. Michael Angelo Taylor and others;

With a Bill, intituled, "An Act for inclosing certain Lands in the Parish of Hagley, in the County of Worcester;" to which they desire the Concurrence of this House.

Wendover Road Bill.

A Message was brought from the House of Commons, by Mr. Holmes and others;

With a Bill, intituled, "An Act for more effectually repairing and improving the Road from Wendover to the Town of Buckingham, in the County of Buckingham;" to which they desire the Concurrence of this House.

Warrington & Newton Railway Bill.

A Message was brought from the House of Commons, by Lord Stanley and others;

With a Bill, intituled, "An Act to enable the Company of Proprietors of the Warrington and Newton Railway to extend the Line of the said Railway; and for repealing, explaining, altering, amending and enlarging some of the Powers and Provisions of the Act relating thereto;" to which they desire the Concurrence of this House.

Wigan Railway Bill.

A Message was brought from the House of Commons, by Mr. Stanley and others;

With a Bill, intituled, "An Act for making and maintaining a Railway from the Borough of Wigan to the Liverpool and Manchester Railway, in the Borough of Newton, in the County Palatine of Lancaster, and Collateral Branches to communicate therewith;" to which they desire the Concurrence of this House.

Leeds & Selby Railway Bill.

A Message was brought from the House of Commons, by Mr. Marshall and others;

With a Bill, intituled, "An Act for making a Railway from the Town of Leeds to the River Ouse, within the Parish of Selby, in the West Riding of the County of York;" to which they desire the Concurrence of this House.

The said Six Bills were, severally, read the First Time.

Accounts delivered:

The House being informed, "That Mr. Charles Crafer, from the Treasury, attended;"

He was called in; and delivered at the Bar, pursuant to Orders of the 17th and 29th Days of March last,

Duty on Corn & Flour:

"An Account shewing the Rate and Amount of Duty paid on each Sort of Foreign and Colonial Corn, Flour and Meal entered for Home Consumption, from 5th July 1828 to 5th January 1830:"

Duties on various Articles:

Also, "An Account of the Quantities or Value (as the Case may be) of the following Articles on which Duty has been paid for Home Consumption during each of the last Ten Years; specifying in regard to each Article the Rate of Duty in each Year, and the Date of any Alteration which may have been made during the Period; viz t, Chinaware, Earthenware, Cordage, Cotton Manufactures of India, other Cotton Manufactures, Glass Manufactures, Iron in Bars, Lead and Lead Ore, Leather Gloves (distinguishing the different Sorts), Paper, Paper Hangings, Toys, Turnery, Woollen Manufactures, Linen, Pewter Manufactures, Steel Manufactures, Watches and Clocks, Wire, Brass, Copper and Iron:"

and on Thrown Silk, &c.

And also, "An Account of the Quantities of Thrown Silk and of Raw and Waste Silk, upon which the Duties have been paid in each of the last Three Years, ending on the 5th April respectively, up to the 5th April 1830; distinguishing each Quarter."

And then he withdrew.

And the Titles thereof being read by the Clerk;

Ordered, That the said Accounts do lie on the Table.

Ordered, That the said Accounts be printed.

Comrs of Charitable Donations et al. v. Harris et al.

The House being informed, "That Mr. Marcus Hickey attended, in order to deliver in Pleadings and Proceedings in the Cause wherein The Commissioners of Charitable Donations, and others, are Appellants, and Thomas Harris, and others, are Respondents;"

He was called in; and delivered the same at the Bar, and attested upon Oath they were true Copies, he having examined them with the Originals in the proper Offices in Ireland:

And then he withdrew.

Mullins et al. v. Townsend.

The House being informed, "That Mr. Stephen Simpson attended in order to deliver in Pleadings and Proceedings, on behalf of the Appellants, in the Cause wherein The Honorable Edward Mullins, and others, are Appellants, and James Townsend Esquire is Respondent;"

He was called in; and delivered the same at the Bar, and attested upon Oath they were true Copies, he having examined them with the Originals in the proper Offices in Ireland:

And then he withdrew.

Same v. same.

The House being informed, "That Mr. John Markham Hewson attended, in order to deliver in Pleadings and Proceedings, on behalf of the Respondent, in the last-mentioned Cause;"

He was called in, and delivered the same at the Bar, and attested upon Oath they were true Copies, he having examined them with the Originals in the proper Offices in Ireland:

And then he withdrew.

Account of Fee Fund of the Court of Session to be printed.

Ordered, That the Account of the Fee Fund of the Court of Session in Scotland, established by the 50th George 3d, C. 112, and by the 1st and 2d of His present Majesty, C. 38, showing the Receipts from the Fund, and the Application thereof, from 21st June 1821, delivered to the House on the 27th Day of this instant April, be printed.

British Spirits, Petition of Corn Distillers of England, Scotland & Ireland against additional Duty on.

The Order of the Day being read for the Lords to be summoned;

A Petition of the Corn Distillers of England, Scotland and Ireland, whose Names are thereunto subscribed, was presented and read; praying their Lordships "to continue that Protection to their Interests which the Legislature has ever given to them, and that the present Proportion of Duty on Rum and Corn Spirits may be preserved; or at all events that their Lordships will be pleased not to allow the Increase of the Duty on Corn Spirits to take place without granting to the Petitioners a full Investigation into the Grounds upon which the Duty on Corn Spirits and on Rum was fixed in the Year 1825."

Ordered, That the said Petition do lie on the Table.

Redcross Road Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for maintaining the Road from Haverhill, in the County of Suffolk, to Redcross, in the Parish of Great Shelford, in the County of Cambridge."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Acle & Yarmouth Road Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for making a Turnpike Road from the Bridge over the River Bure at Great Yarmouth to Acle, (with certain Branches therefrom,) all in the County of Norfolk."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Messages to H.C. that the Lords have agreed to the 2 preceding Bills.

And Messages were, severally, sent to the House of Commons, by Mr. Cross and Mr. Trower;

To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.

Barnwell Tithes Bill read 2 a & committed:

Hodie 2a vice lecta est Billa, intituled, "An Act to commute for Lands and a Corn Rent the ancient Compositions in lieu of Tithes and Glebe Lands payable to the Rector of the Parish of Barnwell Saint Andrew with Barnwell All Saints annexed, in the County of Northampton."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

L. Bp. Lincoln.
L. Bp. Bristol.
L. Bp. Rochester.
L. Bp. Oxford.
L. Dacre.
L. Clifton.
L. Teynham.
L. Forbes.
L. Napier.
L. Boyle.
L. King.
L. Monson.
L. Grantham.
L. Holland.
L. Vernon.
L. Ducie.
L. Grantley.
L. Gage.
L. Calthorpe.
L. De Dunstanville & Bassett.
L. Rolle.
L. Carbery.
L. Dunalley.
L. Loftus.
L. Ellenborough.
L. Arden.
L. Mont Eagle.
L. Ailsa.
L. Manners.
L. Melbourne.
L. Prudhoe.
L. Penshurst.
L. Somerhill.
L. Tenterden.
L. Durham.
L. Skelmersdale.
L. Wallace.
L. Wynford.
D. Cumberland.
L. Abp. York.
L. President.
L. Privy Seal.
D. Wellington.
M. Salisbury.
M. Bute.
M. Camden.
E. Westmorland.
E. Winchilsea & Nottingham.
E. Doncaster.
E. Shaftesbury.
E. Rosebery.
E. Tankerville.
E. Stanhope.
E. Brooke & Warwick.
E. Fitzwilliam.
E. Hardwicke.
E. De Lawarr.
E. Hillsborough.
E. Talbot.
E. Mansfield.
E. Carnarvon.
E. Malmesbury.
E. Mount Cashell.
E. Wicklow.
E. Caledon.
E. Romney.
E. Chichester.
E. Limerick.
E. Grey.
E. Bradford.
E. Falmouth.
E. Vane.
E. Amherst.
V. Arbuthnott.
V. Lorton.
V. Gordon.

Their Lordships, or any Five of them, to meet on Monday the 10th of May next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Judges Report on referred to the Com ee.

Ordered, That the Report of the Judges, to whom was referred the Consideration of the last-mentioned Bill, be referred to the Committee to whom the said Bill stands committed.

Ringmer Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for more effectually repairing and improving the Road from Lewes, through Offham, to Witch Cross, from the Cliffe near Lewes, through Uckfield, to Witch Cross, and from the said Cliffe, through Ringmer, Heathfield and Burwash, to Hurst Green, all in the County of Sussex."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them, to meet Tomorrow, at the usual Time and Place; and to adjourn as they please.

Everton Church Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for endowing a Church in the Township of Everton, in the Parish of Walton-on-the-Hill, in the County Palatine of Lancaster."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

Sir P. Pole's Estate Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for renewing, granting and confirming certain Powers and Authorities to Sir Peter Pole Baronet, given or limited by the Will of Sir Charles Pole Baronet, deceased, and an Indenture of Release affecting his Estates in the County of Southampton."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them, to meet on Monday the 17th of May next, at the usual Time and Place; and to adjourn as they please.

New River Co's Estate Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to authorize the granting of Leases of Lands Parcel of the Prebend of Stoke Newton or Newnton otherwise Newington, in the County of Middlesex, founded in the Cathedral Church of Saint Paul in London, to The Governor and Company of the New River; and for empowering the Prebendary of the said Prebend and the Rector of the Rectory or Parish of Stoke Newington respectively to grant Building Leases; and for other Purposes."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

Wallis's Divorce Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act dissolve the Marriage of Thomas Wallis Esquire with Charlotte Augusta Amelia his now Wife, and to enable him to marry again; and for other Purposes."

After some Time, the House was resumed:

And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and made some Amendments thereto, which he was ready to report, when the House will please to receive the same."

Ordered, That the said Report be received To-morrow.

Rhodes v. De Beauvoir, Respondent's Petition for Time for his Case, referred to Appeal Com ee.

Upon reading the Petition of Richard Benyon De Beauvoir, Respondent in a Cause depending in this House, to which William Rhodes is Appellant; praying their Lordships, "That, under the Circumstances in the said Petition set forth, he may be allowed Six Weeks further Time to prepare his printed Case:"

It is Ordered, That the said Petition be referred to the Committee appointed to consider of the Causes in which Prints of the Appellants and Respondents Cases, now depending in this House in Matters of Appeals and Writs of Error, have not been delivered, pursuant to the Standing Orders of this House.

Duff v. Fraser, Respondent's Petition to lodge his Case, referred to Appeal Com ee.

Upon reading the Petition of Thomas Alexander Fraser Esquire, Respondent in a Cause depending in this House, to which Hugh Robert Duff Esquire is Appellant; praying their Lordships "to allow the Petitioner to lodge the Prints of his Case, notwithstanding of the Lapse of Time limited by the Standing Order of this House:"

It is Ordered, That the said Petition be referred to the Committee appointed to consider of the Causes in which Prints of the Appellants and Respondents Cases, now depending in this House in Matters of Appeals and Writs of Error, have not been delivered, pursuant to the Standing Orders of this House.

Fraser v. Fraser, Respondent's Petition to lodge his Case, referred to Appeal Com ee.

Upon reading the Petition of Thomas Alexander Fraser Esquire, Respondent in a Cause depending in this House, to which Archibald Thomas Frederick Fraser Esquire is Appellant; praying their Lordships "to allow the Petitioner to lodge the Prints of his Case, notwithstanding of the Lapse of Time limited by the Standing Order of this House:"

It is Ordered, That the said Petition be referred to the Committee appointed to consider of the Causes in which Prints of the Appellants and Respondents Cases, now depending in this House in Matters of Appeals and Writs of Error, have not been delivered, pursuant to the Standing Orders of this House.

J. H. G. Johnstone's Petition claiming the Earldom of Annandale, &c.

The Earl of Shaftesbury (by His Majesty's Command) presented to the House A Petition of John Henry Goodinge Johnstone Esquire, late of Pembroke Place, in the County of Middlesex, now of Bonnington Bank near Edinburgh, to His Majesty; praying His Majesty, "That it may be declared and adjudged that the Petitioner is entitled to the Honors and Dignities of Earl of Annandale and Hartfell, Viscount of Annan, Lord Johnstone of Lochwood, Lochmaben, Moffatdale and Evandale, and such other Honors and Dignities as are in the Family;" with His Majesty's Reference thereof to this House.

Which Petition and Reference were read by the Clerk, and are as follow; (viz t.)

To The King's Most Excellent Majesty, &c. &c. &c.

"The humble Petition of John Henry Goodinge Johnstone Esquire, late of Pembroke Place, in the County of Middlesex, now of Bonnington Bank near Edinburgh,

"Sheweth,

"That by Royal Letters Patent granted by His Majesty King Charles the First, dated the 20th June 1633, James Johnstone of Johnstone was created Lord Johnstone of Lochwood, with the Limitation to himself and his Heirs Male for ever.

"That the said James Lord Johnstone was, by subsequent Royal Letters Patent granted by King Charles the First, bearing Date the 18th March 1643, created Earl of Hartfell, Lord Johnstone of Lochwood, Moffatdale and Evandale, with Limitation to himself and his Heirs Male for ever.

"That on the Death of James Earl of Hartfell he was succeeded by his Son James, the second Earl of Hartfell, upon whom, on the 13th February 1661, His Majesty King Charles the Second conferred the new Titles and Dignities of Earl of Annandale and Hartfell, Viscount of Annan, Lord Johnstone of Lochwood, Lochmaben, Moffatdale and Evandale, as appears from His Royal Letters Patent of the above Date, whereby the Honors and Dignities are granted to the said James Earl of Hartfell and his Heirs Male; whom failing, to the eldest Heir Female, without Division, procreated or to be procreated of his Body, and to the Heirs Male to be procreated of the Body of the said eldest Heir Female bearing the Name and Arms of Johnstone; whom all failing, to the nearest Heirs whatsoever of the said James Earl of Hartfell in all Time coming. On this Occasion no Resignation was made of the former Honors.

"That on the 3d April 1662 James Earl of Annandale and Hartfell obtained a Charter from the Crown of the Lands, Lordships, Baronies and others therein specified, in which various Resignations of these Subjects are recited, and the whole are of new granted in Favour of the Earl himself, and the Heirs Male procreated or to be procreated of his Body; whom failing, to the Heirs Female, without Division, procreated or to be procreated of his Body, and the Heirs Male to be procreated of the Body of the said eldest Heir Female bearing the Name and Arms of Johnstone; whom failing, to the nearest Heirs and Assignees whomsoever of the said James Earl of Annandale and Hartfell. This Charter contained a Clause of Novodamus for erecting the Estates into a free Barony, Lordship, Earldom, Regality and Justiciary to the Grantee and his Heirs and Assignees aforesaid, to be called, in all Time coming, the Earldom of Annandale and Hartfell, and Lordship of Johnstone, with the Title, Stile and Dignity of Earl, according to the Dates of the former Patents granted to him and his Father.

"That James Earl of Annandale and Hartfell married Lady Harriet Douglas, Daughter of William first Marquis of Douglas. He died in 1672, leaving Two Sons, William who succeeded him and became first Marquis of Annandale, and John, commonly called Lord John Johnstone, from whom Your Petitioner is lineally descended.

"That William the eldest Son succeeded his Father in the Estates and Honors of Annandale, and on the 24th June 1701 was raised to the Dignity of a Marquis by King William, with the Title of Marquis of Annandale, Earl of Hartfell, Viscount of Annan, Lord Johnstone of Lochwood, Lochmaben, Moffatdale and Evandale, with a Limitation, as expressed in the Patent, to him, "et hæredibus suis masculis quibuscunque illi in suis prædiis et statu omni tempore futuro successuris." It does not appear that on this Occasion there was any Resignation of the former Honors.

"That William Marquis of Annandale was twice married; 1st, to Sophia Fairholm, Daughter and Heiress of John Fairholm of Craigiehall; and 2ndly, to Charlotta Vauden Bempde, Daughter of John Vauden Bempde Esquire.

"That by the first Marriage he had a Daughter Henrietta, and Two Sons, James and William; Henrietta was married to Charles Hope, afterwards created Earl of Hopetoun; William died in 1722 unmarried and without Issue; and James succeeded his Father as Marquis of Annandale.

"That by the second Marriage he had Two Sons, George the last Marquis of Annandale, and John, who died in the Year 1742 unmarried and without Issue.

"That upon the Death of Marquis William, the Estates and Honors devolved upon his eldest Son James, who became second Marquis of Annandale, and, having gone Abroad, died in Italy in 1730, unmarried and without Issue.

"That upon the Death of Marquis James, he was succeeded by his Brother Consanguinean George, who, after considerable Litigation with Lord Hope, a Son of Henrietta by the Earl of Hopetoun, at last succeeded in vindicating his Title to the Estates and Honors, and became third Marquis of Annandale.

"That Marquis George having fallen into a State of Lunacy, and having been declared a Lunatic by Verdict of a Jury under a Commission issued in England for enquiring into that Matter, was sequestered from Society, and lived for many Years at Turnham Green, in England, where he died in 1792, unmarried and without Issue.

"That by the Death of Marquis George, the Heirs Male of the Body of James Earl of Annandale and Hartfell, through his eldest Son William first Marquis of Annandale, entirely failed.

"That the second Son of James Earl of Annandale and Hartfell, John Johnstone, commonly called Lord John Johnstone, was married to Elizabeth Belcher or Belchair, by whom he had a Son born the 18th January 1726, named John.

"That this John Johnstone, the Son of Lord John Johnstone, was afterwards settled at Rotherhithe, in England, where he was married to Jane Price of Leominster, by whom he had Issue a Son Thomas and a Daughter Sarah.

"That Thomas Johnstone left this Country in 1768, in consequence of a Difference with his Father, and sailed for the Coast of Guinea in Africa. He was ultimately settled at Bassaire Rio de Pungos on that Coast, and has never been heard of since the Year 1776.

"That Sarah Johnstone, the Sister of Thomas lastmentioned, was married on the 18th December 1777 to William Goodinge Esquire, by whom she had Issue, besides Two Daughters,

"Your Petitioner John Henry Goodinge, now John Henry Goodinge Johnstone, her eldest Son, who is the Great Grandson of Lord John Johnstone, and the Great Great Grandson of James Earl of Annandale and Hartfell.

"That Your Petitioner lately purchased from Your Majesty's Chancery in Scotland a Brieve of MortAncestry, for establishing and serving himself Heir to his Ancestor Lord John Johnstone; and during the Proceedings that ensued upon that Brieve Your Petitioner brought a clear and satisfactory Proof of his Descent from the said Lord John Johnstone, and was, upon the 29th Day of March last, served nearest and lawful Heir of the Body and Heir of Line and Provision in general to him; and which Service, and the Retour thereof, is duly recorded in Your Majesty's Chancery aforesaid.

"That the Heirs Male of the Body of James Earl of Annandale and Hartfell, through his eldest Son Marquis William, having failed on the Death of Marquis George in 1792, at which Period Your Petitioner's Uncle Thomas Johnstone was alive, in Fact or by Presumption in Law the Right to the Estates and Honors of Annandale devolved on him, as nearest and lawful Heir Male of the Body of James Earl of Annandale, his Great Grandfather, through his second Son Lord John Johnstone.

"That in consequence of the Death of the said Thomas Johnstone, which at this Distance of Time must now be presumed to have taken place, Your Petitioner is advised and humbly conceives that under the Terms and Limitations in the Letters Patent and Charter before recited, and by reason of the Failure of Heirs Male of the Body of the said James Earl of Annandale and Hartfell through his eldest Son Marquis William as aforesaid, he, Your Petitioner, is become entitled, according to the Pedigree before stated, which he is ready to make out and prove, to the Honors and Dignities conferred by the said Royal Patents and Charter.

"May it therefore please Your Majesty, and Your Petitioner humbly prays, that it may be declared and adjudged that Your Petitioner is entitled to the said Honors and Dignities of Earl of Annandale and Hartfell, Viscount of Annan, Lord Johnstone of Lochwood, Lochmaben, Moffatdale and Evandale, and such other Honors and Dignities as are in the Family.

"And Your Petitioner shall ever pray, &c.

"Jn° H. Goodinge Johnstone."

"Bonnington Bank near Edinburgh, April 5th, 1830."

"Whitehall, 23d April 1830.

"His Majesty, being moved upon this Petition, is graciously pleased to refer the same to The Right Honorable The House of Peers, to examine the Allegations thereof as to what relates to the Petitioner's Title therein mentioned, and to inform His Majesty how the same shall appear to their Lordships.

"Rob. Peel."

Ordered, That the said Petition, with His Majesty's Reference thereof to this House, be referred to the Committee for Privileges, to whom the Petition of John James Hope Johnstone of Annandale, Esquire, to His Majesty, claiming the Titles, Honors and Dignity of Earl of Annandale and Hartfell, Viscount Annan and Baron Johnstone, with His Majesty's Reference thereof to this House, stands referred.

Arle, &c. Inclosure Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for inclosing Lands in the Tithings of Arle and Arlestone otherwise Allstone, in the Parish of Cheltenham, in the County of Gloucester, and for discharging from Tithes Lands in the said Tithings," was committed; "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Leonard Stanley Inclosure Bill.

The Earl of Shaftesbury made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for inclosing Lands in the Parishes of Stanley Saint Leonard's otherwise Leonard Stanley, and Eastington, or one of them, in the County of Gloucester, and for discharging from Tithes Lands in the said Parish of Stanley Saint Leonard's otherwise Leonard Stanley," was committed.

D'Oyly's Divorce Bill.

The Earl of Shaftesbury (according to Order) reported the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act to dissolve the Marriage of John Hadley D'Oyly Esquire with Charlotte his now Wife, and to enable him to marry again; and for other Purposes."

Which Amendments, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amendments, be ingrossed.

Poor Laws, Petition from Chatham & Gillingham to extend, to Ireland.

Upon reading the Petition of the Inhabitants of the Parishes of Chatham and Gillingham, in the County of Kent, whose Names are thereunto subscribed; praying, "That their Lordships will be pleased to take into their serious Consideration the Propriety of enacting such Laws as they may deem requisite, which will compel Ireland to maintain her sick and indigent Poor; for it is a Measure inconsistent with every Principle of Justice, that the People of this Country should be taxed in order to spare the Pockets of the Occupiers of Houses and Land in Ireland:"

It is Ordered, That the said Petition do lie on the Table.

East Retford Election Bill.

The Order of the Day being read for the further Consideration and Second Reading of the Bill, intituled, "An Act to prevent Bribery and Corruption in the Election of Burgesses to serve in Parliament for the Borough of East Retford;" and for the Lords to be summoned; and for permitting Counsel to examine Witnesses in support of the Bill; and for hearing Counsel on the Petition of the Burgesses of the Borough of East Retford, in the County of Nottingham, whose Names are thereunto subscribed; praying their Lordships, "That the said Bill may not pass into a Law;"

Counsel were accordingly called in:

Then Samuel Hindley was again called in, and further examined as follows:

(By a Lord.) "Have you ever had any Communication with any other Freeman about the Election Money?"

"Not to my Knowledge."

"Have you known any other Freemen who have received it?"

"No."

"You are positive?"

"Yes."

"Not One?"

"No."

"Did any of them ever admit to you that they had?"

"I cannot swear to it."

"Should you recollect the Names of any of them?"

"I know the Names of the Burgesses."

"Should you, if you were to hear them, know whether any of them ever had admitted it to you?"

"No."

"Do you know John Penny?"

"Yes."

"Did he never admit it to you?"

"No."

"Do you know where he lives?"

"No."

"Does he live in East Retford?"

"No."

"You are a Shoemaker, are you not?"

"Yes."

"You have some Journeymen, have not you?"

"Yes."

"Had you any Journeymen in the Year 1820?"

"Yes."

"Were they Freemen of East Retford?"

"I think not."

"Was George Whittam a Freeman of East Retford?"

"Yes."

"Did he work for you at the Time of the Election of 1820?"

"No."

The Witness was directed to withdraw.

Then George Palfryman was called in; and having been sworn, was examined as follows:

(Mr. Law.) "Are you a Burgess of East Retford?"

"Yes."

"Were you so in the Month of September 1825?"

"Yes."

"Do you recollect Mr. Wrightson canvassing the Town of Retford?"

"Yes."

"Do you know a Person of the Name of George Thornton?"

"Yes."

"At the Time of Mr. Wrightson's Canvass, did you see that Person?"

"Yes."

"Was he with Mr. Wrightson?"

"Yes."

"Were you canvassed by Sir Robert Dundas?"

"Yes."

"Do you know Mr. Foljambe?"

"Yes."

"Did you know Colonel Kirke?"

"Yes."

"Was this Gentleman with Sir Robert Dundas when he canvassed you?"

"Yes."

"Did you afterwards see George Thornton at Mr. Hindley's Shop?"

"Yes; in Mr. Hindley's Room."

"How long was that before the Election in 1826?"

"About Three Months, as nearly as I can tell."

"Was Mr. Hindley your Master?"

"Yes."

"Do you know Thomas Giles?"

"Yes."

"Was he also in the Employment of Mr. Hindley?"

"Yes."

"Upon the Occasion of George Thornton coming to Mr. Hindley's, was Giles there also?"

"Yes."

"Were you, upon that Occasion, canvassed for your Vote?"

"Yes."

"By whom?"

"By George Thornton."

"At the Time he canvassed you for your Vote what did he say to you?"

"He told me that Sir Henry Wright Wilson was a very shabby Man; that I should not have any thing if I voted for him."

"What did he say in the Event of your voting for Mr. Wrightson?"

"He said that I should be sure of the Tip if I voted for him."

"Did Thornton do any thing when he made use of that Expression?"

"Yes; he touched the Palm of his Hand."

"Did Thornton appear active, from what you saw of him, in the Interest of Mr. Wrightson?"

"Yes."

"How long was Thornton at the House of Mr. Hindley on that Day?"

"I should think a Couple of Hours, as nearly as I can tell."

"After Thornton had told you what you have mentioned, did you say any thing to him upon the Subject of your voting for Mr. Wrightson?"

"Yes, I believe I did; in a Joke."

"What did you say?"

"I told him that if he would insure me the Money, or give me some Money, I would vote for him."

"Had Thornton a Book; did you see any Book?"

"He had a Number of Papers and Letters; I do not know that he had a Book."

"How did you express yourself when you said you would vote for Mr. Wrightson; in what Terms did you say that?"

"He made use of this Language, that, being a young Man just out of my Time, Forty Guineas would be of great Service to me."

"Upon his stating that to you, what did you say in respect of voting for Mr. Wrightson?"

"I told him that unless he was decidedly against the Catholic Question I should not vote for him."

"With reference to voting for Mr. Wrightson, you said someting in joke, you say?"

"I said, if he would give me the Money I would promise him."

(By a Lord.) "That was in joke?"

"Yes."

(Mr. Law.) "Before Thornton left, did you promise or not to vote for Mr. Wrightson?"

"No, I believe not."

Cross-examined by Mr. Adam.

"You never meant to vote for Mr. Wrightson, did you?"

"No, never."

"When you talked about the Forty Guineas, that was all in fun?"

"Yes."

"You always meant to vote for Wilson?"

"Yes."

"Wilson was against the Catholics?"

"Yes."

"So were you then?"

"Yes."

"You meant to vote according to your honest Opinion?"

"From Conscience."

"How many Freemen are there in Retford do you think; how many were there at that Time?"

"I cannot exactly speak to the Number; about Two hundred, I should suppose."

"Are there not a great Number of Freemen against the Catholics?"

"A great Number."

"Do you happen to know what Number would have voted for Sir Henry Wilson, if he had stood the Poll to the End?"

"I did not vote at all; I cannot say."

"Was Thornton quite sober?"

"At first he was; but I believe before he went he was not."

"The Two Hours that were spent there were spent in Jollity?"

"Yes."

(By a Lord.) "Should you have voted for any body without receiving Money, or a Promise or an Understanding that you should receive Money?"

"I have never voted for any one with any such a Promise."

"Would you have voted for any Candidate, except from an Expectation of receiving Money?"

"Yes; I would have voted independently for Sir Henry Wilson."

"You mean to swear you would have voted for him, and intended to do so?"

"Yes."

"And you never did receive any thing?"

"I never did receive any thing."

"You are quite sure of that?"

"Yes; I am quite sure of that."

"You never meant to receive any thing when you cut this Joke about the Forty Guineas?"

"No; I never intended to receive any thing."

"How came you to fix on the Sum of Forty Guineas?"

"I understood that was the Practice."

"What Means had you of knowing that was the Practice?"

"Only by the Rumour of the Place."

"Did you ever know it taken in any one Instance?"

"No."

"Do you recollect Sir Robert Dundas coming to Retford to canvass first?"

"Yes."

"Where did he canvass you for your Vote?"

"At my Father's House."

"Are you positive he canvassed you in your Father's House?"

"No, it was Mr. Wrightson; I beg pardon; I believe it was at the End of the Street that he canvassed me."

"Who was with you at the Time he canvassed you?"

"A Man of the Name of John Walker."

"Is he a Freeman?"

"Yes."

"How long has he been a Freeman?"

"Some Years before me, I believe."

"Did he ever tell you he had voted before?"

"Not to my Knowledge he has not."

"Who was with Sir Robert Dundas?"

"Mr. Foljambe and Colonel Kirke."

"Any one else?"

"I believe there was; but I forget the Gentleman's Name."

"Were you spoken to by any body then?"

"When Sir Robert Dundas canvassed, I was spoken to by Sir Robert himself."

"Did you promise him your Vote?"

"Yes."

"He did not ask you particularly any Questions?"

"No."

"Do you recollect Mr. Thornton coming to Mr. Hindley's Shop?"

"Yes."

"Who were present when he came there?"

"Thomas Giles and Master Hindley."

"Were you all in one Room?"

"Yes."

"Did you promise Mr. Wrightson your Vote at the Solicitation of Mr. Thornton?"

"No; not a positive Promise."

"What did you say to him?"

"I told him, if he could insure me the Money, I should have no Objection, or something in a Joke similar to that."

"Did you tell him he might book you?"

"I believe that was the Expression that I made use of."

"Why did you tell him to book you?"

"Because he told me that Sir Henry would not come in, and that Mr. Wrightson would; and that I should be sure of the Tip."

"That was the Reason you told him he might book you?"

"Yes; but I did not mean to vote for him."

"When you were walking in company with Walker, Sir Robert Dundas met you?"

"Yes."

"You promised to vote for him?"

"Yes."

"Did Sir Robert ask you, or did he not?"

"He addressed himself to us both; and I believe we both promised him."

"Why did you promise to vote for him?"

"He was the first Candidate that came to the Town, and it was a great while before the Election took place."

"Who introduced him to you?"

"Colonel Kirke and Mr. Foljambe."

"What did they say to you when they introduced him to you?"

"They did not say any thing to me."

"How did they introduce him?"

"They said, "Here is Sir Robert, a Friend of ours;" and he stepped up, and we shook Hands, and we promised him."

"Was not there something said about the Tip?"

"No; not to my Knowledge."

"Did they tell you you would not be Marshed?"

"No."

"Do you mean to say that they did not mention, in any Manner, that you would receive Money for voting?"

"No; I do not recollect any thing of the Sort."

"Did you expect to receive any Money?"

"No."

"You did not, upon your Oath, expect to receive any Money after the Election?"

"No; I did not."

"Did you, at the Time you promised your Vote to Sir Robert Dundas, expect to receive any Money after the Election?"

"No; I never had it promised to me."

"Did you expect to receive it?"

"No, I did not."

"Where have you been living since you have been in Town?"

"At Mr. Cowpe's in Marsham Street, No. 25."

"Have any of your Friends from East Retford been living there with you?"

"Yes."

"Who has lived with you there?"

"A Man of the Name of Jonathan Bankes."

The Counsel and Witness were directed to withdraw.

The Counsel and Witness were again called in.

"Is there a Rumour in the Town that Forty Guineas are usually paid for Two Votes at an Election for East Retford?"

"Yes; I have heard of it."

"From whom have you heard of it?"

"From different People; I cannot speak positively to any being brought up in the Place; I have heard it mentioned several Times."

"Cannot you mention any one Person that has ever spoken of it?"

"No, not particularly."

"Do you know a Voter of the Name of Giles?"

"Yes."

"Did he ever speak to you about it?"

"No; he is a younger Burgess than myself."

"You heard that from an older Burgess?"

"No; I do not recollect that I heard it from any Burgess."

"Did Mr. Thornton ever tell you that there was such a Rule?"

"No."

"Have not you, in your Evidence this Evening, stated that Mr. Thornton told you that Forty Guineas would be of great Use to you, as you were young in Business?"

"Yes."

"Then Mr. Thornton did mention it to you?"

"Yes."

"Try whether you cannot recollect some other Persons that mentioned it to you?"

"No, I do not recollect any other."

"With whom have you had any Conversation about the Evidence you were to give at this Bar?"

"With no one."

"Have you never spoken of this since you received the Summons?"

"No, I have not."

"To no one Burgess?"

"No."

"You have stated that the Majority of the Electors were against Catholic Emancipation?"

"Yes."

"Did you mean that the Majority were against Catholic Emancipation, or only a great Number?"

"A great Number; I do not think the Majority were exactly."

"Do you know of your own Knowledge that any of them promised their Votes or did actually vote independently upon that Feeling?"

"Yes; a great many."

"And you know that they did not receive Bribes or have any other Inducement than that Feeling?"

"No; not to my Knowledge."

"Did you ever know of such an Instance before of their sacrificing a Bribe to any Principle?"

"No; I have never had any thing to do with any Election before."

"You stated that there was a Rumour in the Town that Forty Guineas was the Price for a Vote; have you heard Freemen in the Town say that?"

"I cannot speak to know it positively."

"Do you mean to say you have heard it from so many People that you do not know?"

"No; I have heard of it."

"You have never said that you have heard it from a great Number of People, have you?"

"No, never."

The Witness was directed to withdraw.

Then Thomas Appleby was called in; and having been sworn, was examined as follows:

(Mr. Price.) "Are you a Burgess of East Retford?"

"I am."

"How many Years have you been a Burgess?"

"Nearly Thirty."

"Did you ever fill the Office of Alderman?"

"I am one now."

"How many Elections do you recollect?"

"I am sure I cannot say exactly."

"When was the first Election that you recollect?"

"In 1802."

"Did you vote upon that Occasion?"

"I did."

"Do you recollect the Election of Mr. Osbaldeston in 1812?"

"Yes."

"Did you promise Mr. Osbaldeston before the Election?"

"I think I did."

"Do you recollect about Two Years after that Election going to the Angel Inn?"

"Yes, I do."

"Was Mr. Hannam present there?"

"He was."

"Who brought you to the Angel Inn?"

"I was sent for by some Person; whom I cannot tell."

"Do you know a Person of the Name of Westby Leadbeater?"

"Yes."

"Did you see him there?"

"I cannot recollect whether he was there or not."

"Besides Mr. Hannam, was there any other Person there?"

"There was a Stranger there whom I did not know."

"Did you receive any Money upon that Occasion?"

"They gave me Ten Guineas."

"Who did?"

"This Stranger did."

"Was that in Mr. Hannam's Presence?"

"He was there."

"Do you of your own Knowledge know that your Name was taken down in any List there?"

"I do not know particularly."

"For what Purpose did you go to the Inn?"

"I was sent for, and I expected I was sent for on Business; I did not know on what Business; I expected on my own private Business; I did not know any thing of Mr. Hannam being there."

"What passed when you came into the Room?"

"Really I cannot exactly say the Words; it is a long Time since."

"Was that the first Time you had received any Money after Elections?"

"I cannot recollect any before that."

"Did you see any Burgesses of East Retford in this Room with Mr. Hannam and the Stranger?"

"I am sure I cannot tell."

"Were any in the Inn or on the Staircase?"

"I cannot say."

"In the Year 1818, do you recollect the Election of Mr. Evans and Mr. Crompton?"

"Yes."

"Did you promise your Vote to those Gentlemen?"

"I did."

"Did you receive any Money after that Election?"

"I did not receive any."

"Do you mean to say you never received any Money after the Election of 1818?"

"There was a Packet sent to my Office; I was not in; a Stranger came to my House, and asked whether I was in."

"Who delivered you the Packet?"

"My Wife."

"Did you open it?"

"Yes, I opened it. When I got Home my Mistress said there was a Packet for me."

"What was in it?"

"Twenty Guineas."

"What is the Christian Name of your Wife?"

"Mary."

"Was that the only Packet you received after the Election of 1818?"

"There was another Packet."

"What did that contain?"

"The same Money."

"Do you recollect the Election of 1820; the Election when Mr. Crompton and Mr. Evans were again returned?"

"Yes, I do."

"What did you receive after that Election, by Packet or otherwise?"

"I think, to the best of my Recollection, the same."

"Do you mean by that, that you received Two Packets, and that they contained Twenty Guineas each?"

"Yes, I think that they did."

"Did any Person at that Time owe you Twenty Guineas?"

"Oh yes, many People: I wish they had not."

"Did you ever give credit to any Person for either of those Twenty Guineas?"

"No, I do not think I did."

"Did not you know at the Time you received it that it was what was called Election Money?"

Mr. Alderson objected to the Question.

"When you received it, did you believe it to be Election Money?"

"I cannot tell; it might be."

"Do not you believe it was?"

"It might be."

"Have you any Doubt whatever about it?"

"I suppose it was."

"Have you any Doubt of it?"

"I believe it was."

(By a Lord.) "Have you any Doubt of the Fact?"

"No, I have none."

(Mr. Price.) "Were you present in the Month of October 1825, at any Public House where the Junior Bailiff was present, at the Time of Mr. Wrightson's Canvass?"

"I was Junior Bailiff myself at that Time."

"Was the Senior Bailiff there?"

"At where?"

"Do you recollect being at a Public House, in October 1825, with the Senior Bailiff; at The Marquis of Granby?"

"I was once in company with the Senior Bailiff at The Marquis of Granby."

"What was the Name of the Senior Bailiff?"

"Hudson."

"Was Mr. Hudson, the Senior Bailiff of 1825, the Returning Officer at the Election of 1826?"

"He was the Returning Officer in 1826."

"Did you hear any Conversation addressed to him on Election Matters?"

"I cannot say exactly."

"Did he say for whom he should vote?"

"I do not know."

"Did you hear him say any thing respecting the Person for whom he should vote?"

"He said he had not promised any body."

"Did you observe his Pockets?"

"No, I did not."

"Was any thing said about Pockets?"

"Oh yes; I recollect there was."

"What was it?"

"He was joking, and he said he had a Pair of large Pockets, and that those who put most into them he would vote for."

"He was the Returning Officer the next Year at the Election?"

"Yes, in 1826, he was."

Cross-examined by Mr. Alderson.

"Were you aware how dangerous it was to cut Jokes in Retford?"

"I did not cut a Joke."

"But for the Senior Bailiff to cut Jokes?"

"I do not know, I am sure; perhaps it might be."

"Was he in earnest or in joke at the Time he said this?"

"He might be in earnest, or he might be in joke, I cannot say which."

"When was it that you received this Parcel of Twenty Guineas?"

"I am sure I cannot tell."

"In what Year?"

"What do you mean?"

"My Learned Friend has asked you as to receiving a Packet after the Election of 1818; what was the Date?"

"I am sure I cannot tell."

"As nearly as you can, tell me?"

"Upon my Soul I cannot tell."

"Was it in the Year 1818, the Year 1819, or the Year 1820?"

"I cannot remember, it is so long since."

"Was it immediately after the Election, or a great while?"

"Not immediately after, I think."

"How long after?"

"I cannot say indeed."

"Was it Months after?"

"I cannot say whether One Month or Two Months, or how long; I cannot speak positively to what Time it was."

"When was it you went to Mr. Hannam; was not that Two or Three Years after the Election?"

"Yes, I believe it was Two Years, I should suppose, when the Stranger and Mr. Hannam sent for me."

"Are you aware of any Club that is formed at East Retford, of which Mr. Hannam is a Member, for disfranchising the Borough?"

"No; I have heard say there is."

The Counsel and Witness were directed to withdraw.

The Counsel and Witness were again called in.

"Do you know a Person of the Name of Newton?"

"I do."

"Who is Mr. Newton; is not he Mr. Hannam's Clerk?"

"Yes; he is Clerk to Mr. Hannam."

"Has not Mr. Newton been with all the Witnesses?"

"He has been with some few of them, I understand."

"Has he been with you?"

"I cannot say particularly he has been with me."

"Have you seen him with any other Witnesses?"

"You mean at Retford?"

"Either at Retford or in London?"

"I cannot say that I have seen him particularly; that

"I have seen him at particular Times."

"What have you seen Mr. Newton doing with respect to this Bill?"

"I have seen him do nothing particular."

"Have you seen him subponaing any Witnesses?"

"I think he paid some Witnesses off, when he was before the House of Commons."

(By a Lord.) "Did you see him do that?"

"Yes, I did."

(Mr. Alderson.) "Mr. Hannam's Clerk paid some of the Witnesses on this Bill?"

"Yes, he did; according to the best of my Recollection, he paid me."

"Were you a Witness before the House of Commons?"

"I was."

(By a Lord.) "Did he pay you for your Expences, or for what?"

"For my Expences."

"Did he pay any body else in your Presence?"

"I cannot recollect."

"You cannot recollect that he did; is that so or not?"

"I cannot recollect."

(Mr. Alderson.) "Did you see Mr. Hannam himself, or only his Clerk?"

"His Clerk."

"In 1820, how long after the Election was it you received the Twenty Guineas you have spoken of?"

"I cannot say how long."

"The Question is not to know exactly, but as nearly as you can state?"

"I think it was within a Twelvemonth afterwards; I am not certain to a Month or two."

(By a Lord.) "What is the usual Period at which the Money is paid to the Voters after an Election?"

"There is no usual Thing at all."

"Does the Time of Payment vary; sometimes sooner, and sometimes later?"

"And sometimes never."

"In One Instance only, was that?"

"Sometimes sooner; sometimes later; sometimes never."

"What is the Instance in which it was not paid at all; who was the Candidate?"

"I cannot tell, I am sure, who it was."

"Was Marsh a Candidate?"

"Marsh was a Candidate once."

"Do you understand the Term being "Marshed," in East Retford?"

"I understood he was the Candidate."

"Did you understand what being "Marshed" meant?"

"I never recollect such an Expression."

(Mr. Alderson.) "You say you never heard the Expression "Marshed?"

"Never."

"Perhaps you never heard the Expression "all right?"

"Never before I came before the Committee in 1827."

"Did you ever hear the Expression "Tick?"

"No."

"Or "Tip?"

"Never."

"Or "Joss?"

"Never 'till I came before the Committee of the House of Commons in 1827."

"Did you ever hear these Things before Mr. Hannam's Clerk was engaged with the Witnesses?"

"No, I never heard them before I came before the Committee of the House of Commons."

"How many Voters voted for Sir Henry Wilson?"

"Fifty-three, I think; somewhere thereabouts."

"Were you one?"

"I was."

"Did you receive any thing for your Vote?"

"No."

"Have you any Reason to think that any One of the Fifty-three did?"

"I believe that never a Burgess expected a Farthing."

"Do you know how many remained unpolled for Sir Henry Wilson?"

"I cannot say exactly."

"How many do you suppose?"

"Perhaps about Thirty, I should think."

"You have told us your Opinion of the Fifty-three; what do you say to the Thirty?"

"They would have served him the same as the others who did serve him; without any thing at all."

Re-examined by Mr. Price.

"Do you know that Mr. Newton is Mr. Hannam's Clerk, of your own Knowledge?"

"Yes, to the best of my Knowledge, he is; he was then, at least."

"At the present Time, do you mean to swear that Mr. Newton is Mr. Hannam's Clerk, or has been for the last Twelve Months?"

"Oh, I will not say that he was then."

"Can you swear that Mr. Newton is Mr. Hannam's Clerk?"

"Not now; I do not think he is."

"Is he not practising for himself, as a Solicitor, at Retford?"

"Not that I have heard of."

"Where does he practise, to your own Knowledge?"

"I cannot state that."

"Is he a Partner of Mr. Hannam's, or does he live at Retford?"

"I have not seen him at Retford lately."

"You say that Fifty-three Voters polled for Sir Henry Wilson; how many polled for Mr. Wrightson?"

"Indeed I cannot tell."

"About how many?"

"I cannot say."

"Did you never hear?"

"Yes, I did hear."

"Were there not a larger Number than polled for Sir Henry Wilson?"

"Yes."

"Were there not Twice as many?"

"Perhaps there might."

"Were you present at the Election?"

"Yes."

"Do you mean to say that you do not recollect there were Twice as many, and more than that?"

"I dare say there might be."

"How many voted for Sir Robert Dundas?"

"Really I cannot say; I think there were more voted for Sir Robert Dundas than for Mr. Wrightson."

"Was there much Difference?"

"Not a great deal."

"You say you attended before the Committee of the House of Commons in the Year 1827?"

"I did."

"How long was that after the Election in which Sir Robert Dundas and Mr. Wrightson were returned?"

"About Eight or Nine Months, I think."

"Have you seen Mr. Newton subpona any One Witness to attend at the Bar of this House?"

"I cannot recollect that I have. I do not know whether he subponaed me or not; I am sure I forget."

"Have you seen Mr. Newton subpona One Witness to attend at the Bar of this House?"

"I do not recollect."

Examined by the Lords.

"You have stated that you did not expect to receive any Money for voting for Sir Henry Wilson?"

"Never, nor never any other Election neither; I always voted conscientiously."

"Did you ever receive any Election Money?"

"Of Sir Henry?"

"Yes; of Sir Henry Wilson?"

"I have stated that I had Money sent to my House."

"Do you mean from Sir Henry Wilson?"

"Oh no, never."

"Do you know who ever sent you any Money?"

"I do not know of any body."

"When you voted conscientiously, did you expect to receive any Money?"

"When I voted, I voted conscientiously; I never expected to receive any."

"You took it when it came?"

"They left it; I did not know who they were."

"Do you think every body in East Retford is as pure and conscientious as you are?"

"I cannot tell that."

"Did any Freeman ever tell you that he had received any Money?"

"Never."

"Did you ever see a Freeman receive a Packet similar to those which you have mentioned you had received?"

"Never."

"Do you know Robert Appleby?"

"Yes."

"Is he your Brother?"

"Yes, he is."

"Did he never have any Conversation with you about Election Money?"

"No, I do not recollect."

"Does Robert Appleby live in East Retford?"

"He does."

"You know where he lives?"

"I do."

"He has never had any Conversation with you upon the Subject of receiving a Packet containing Election Money?"

"Not as I recollect, he never has; perhaps he may, but I cannot recollect it."

"Did you ever see Robert Appleby receive any similar Packet to yours?"

"I cannot say that he did, it is so long ago."

"Can you say that he did not go with you to Mr. Hannam's to receive the Money in 1812?"

"Perhaps he might; I cannot recollect, it is so long since."

"He was then a Freeman of East Retford, was not he?"

"Yes, he was."

"Do you know a Person of the Name of Cocking?"

"I do."

"Is he a Relation of yours?"

"He is my Wife's Brother, I believe."

"Is he a Burgess of East Retford?"

"He is."

"How long has he been a Burgess of East Retford?"

"I think rather longer than I have; not much."

"Had you never any Conversation with him about the Election Money?"

"No, not to my Recollection."

"Does he live in East Retford?"

"No; he lives at Cookney, about Thirteen Miles from East Retford"

"Has he lived there the whole Time he has been a Freeman?"

"No; I cannot say how many Years he has been from East Retford."

"Did he live there at the Time of the last Election?"

"No."

"Did he live there in 1818?"

"I think not."

"Did he live there in 1812?"

"I believe he did; I think he did."

"Are you positive he was not in the Room with you and Mr. Hannam?"

"I cannot recollect nothing of the kind."

"He was a Burgess then?"

"Yes, he was a Burgess then."

"Is there any other Person of that Name in the Town?"

"No."

"And there was not at that Time?"

"Not as a Burgess, I think."

"There was no other Person of that Name that went in with you to Mr. Hannam?"

"I cannot recollect as to his going in with me; I cannot say, indeed."

"Do you know William Leadbeater?"

"Yes."

"What Office does he fill in East Retford?"

"As Constable, I believe."

"How long has he been Constable there?"

"I cannot tell."

"Has he always been a Resident in East Retford?"

"I am sure I cannot say. The biggest Part of his Time, I believe, he has been; I cannot say whether he has the whole of his Time."

"Did you ever hear him allow that he had received Election Money?"

"Never."

"Did you ever have any Conversation with him on Election Matters?"

"No."

"Was he present when you received that Money from the Stranger in Mr. Hannam's Presence at the Angel Inn?"

"Not as I know of; I do not know who were present."

"How many Persons were there there?"

"I cannot tell, I am sure."

"You cannot recollect how many Persons were present?"

"I cannot."

"There were some Persons present?"

"There was some, but who, and how many, I cannot tell."

"Are you well acquainted with the Voters in East Retford?"

"The major Part of them, I am."

"Have you been acquainted with them long?"

"Yes."

"Do you mean to say that you cannot recollect who was in the Room with yourself and Mr. Hannam?"

"I cannot."

"You recollect there were some?"

"Yes; but who they were, all, I cannot tell."

"If your Attention is called to their Names, do you think you should recollect them?"

"I do not think I should."

"William Leadbeater?"

"I cannot recollect that he was there."

"You know him?"

"Yes, I do."

"Were there Two William Leadbeaters?"

"Not that I know of; there is only One Burgess, I believe."

"And was not in 1812?"

"I think there might be."

"Samuel Brown; do you know him?"

"No, not exactly."

"Do not you know him by Sight?"

"Perhaps I might, if I were to see him; but I should not know him if I were to meet him."

"Do you know Thomas Cutler?"

"I do."

"Where does he live?"

"In West Retford."

"Has he lived there long?"

"Yes, he has."

"Is there any other Person of that Name that you know, a Burgess?"

"Not One, I think."

"Was not Cutler examined before the House of Commons?"

"I think not; but I am not certain."

"You received, you say, at Two Elections, Forty Guineas each Time; did you never make any Enquiry where they came from?"

"No; I could not make any Enquiry, because I did not know who brought them."

"Were you in the habit of receiving Forty Guineas in that Way?"

"Not much in that Way."

"You did not tell any body that you had received it?"

"No."

"Did you conceive it a Matter of course that you should receive it at a particular Time?"

"I never expected any thing of course; I never voted for any thing of the kind."

"You were examined before the House of Commons?"

"I was."

"You have sworn here To-night, that you do not know the Meaning of the Words "all is right?"

"No Question was put to me before the Committee."

"Do you mean to swear that you did not before that Time know perfectly well what was the Meaning of the Expression "all right?"

"No, I did not, before I came before the Committee."

"Do you not recollect that Question being put to you, "Do you know the Expression "all is right," at Retford?" to which you at first said, "I do not understand you." Did you not explain that afterwards?

"If you were asked for your Vote, and told you are all right, what does that mean?" and did not you answer, "Forty Guineas?"

"The Word I said to the Counsel was, "I suppose you mean Forty Guineas."

"Will you swear those were the Words you used?"

"Yes."

"Recollect the Words were taken down at the Time?"

"I said, "I suppose you mean Forty Guineas."

"Were not you asked, whether it was a well-known Thing at Retford; and did you not say, "Yes, generally, among the Burgesses;" upon your Oath?"

"Yes, it may be so."

"Did you not say it was a well-understood Thing at Retford?"

"The Counsel rather puzzled me; perhaps I might say so."

"Have you any Doubt you did say so?"

"I have no Doubt I did say so."

"What led you to suppose the Counsel meant Forty Guineas?"

"Perhaps by the Words he meant it."

"How did you understand that?"

"Because he said, "If a Candidate were to come to your Borough to represent your Borough in Parliament, what does all right mean?" and I said, "I suppose you mean Forty Guineas;" that was the Way in which it passed."

The Witness was directed to withdraw.

Then Samuel Buxton was called in; and having been sworn, was examined as follows:

(Mr. Law.) "Is your Name Samuel Buxton?"

"Yes."

"Are you a Burgess of East Retford?"

"Yes."

"When were you first a Burgess of East Retford?"

"Above Thirty Years ago."

"Do you remember the Elections that have taken place since you became a Burgess?"

"Why, I cannot exactly mention all."

"Do you recollect the Election of Mr. Osbaldeston and Mr. Evans?"

"Yes; Mr. Evans' and Mr. Osbaldeston's, and all."

"Do you know a Person of the Name of Hannam, an Attorney?"

"To be sure."

"Do you remember ever seeing him, in the Year 1814, at the Angel Inn at Retford?"

"No."

"You do not recollect it?"

"No, I am sure I never see'd him there."

"Did you, previous to the Year 1814, but after the Election of 1812, make any Application to Mr. Hannam in respect to the Election?"

"Never."

"Did you receive any Sum of Money from Mr. Hannam?"

"Never. He promised me some."

"What Sum had he promised you?"

"Ten Guineas."

"For what had he promised you the Ten Guineas?"

"I did not ax him."

"Before he promised you, had you asked him for any Money?"

"Not to my Knowledge."

"Did you know on what Account he promised you the Ten Guineas?"

"No. How can I tell."

"Do you mean to state to their Lordships, that you do not know whether it had reference to that Election or not?"

"I am sure I cannot say any thing. I never promised a Vote for Lucre of Money in my Life."

(By a Lord.) "Did Mr. Hannam owe you any Money?"

"No."

"Had you any Dealings of any kind with him?"

"No."

"He promised you Ten Guineas?"

"Yes; he promised me Ten Guineas."

(Mr. Law.) "What Part did Mr. Hannam take at Mr. Osbaldeston's Election?"

"I am sure I cannot tell whether he was Agent, or Attorney, or what he was; I do not know."

"Did you see him active at the Election?"

"I see'd him writing at the Election, but what it was I cannot tell."

(By a Lord.) "Did you vote for Mr. Osbaldeston?"

"I never voted at all."

"Did you promise to vote for Mr. Osbaldeston?"

"I believe I did."

(Mr. Law.) "Have you any Doubt of it?"

"I have no Doubt of it."

(By a Lord.) "Mr. Hannam promised you Ten Guineas?"

"Yes; but he always forgot to give it me."

(Mr. Law.) "After former Elections, did you receive any Money?"

"Never."

"Were you examined in the Committee of the Commons?"

"Yes."

"Recollect that you were examined there, and that you are upon your Oath here. Did you receive any Money in a Letter after any of the Elections?"

"I received a Packet of £21 Four Times, but not for no voting."

"You come here to state to the House for what and from whom you received that Money."

"I cannot say; they were sent in a Letter, and sent by Strangers that I knew nothing of; only Westby Leadbeater brought me One of the Packets."

"Was Westby Leadbeater the Town Crier of Retford at that Time?"

"He was."

"Was he also one of the Burgesses; a Voter?"

"He was."

(By a Lord.) "Was it after Four different Elections you had that Money?"

"No; after Two different Elections."

(Mr. Law.) "You had Two Packets after each of those Elections?"

"Yes."

"Each of them containing Twenty Guineas?"

"Yes."

(By a Lord.) "Had you promised to vote for Two Persons at each of those Elections?"

"I believe I had."

"Have you any Doubt of it?"

"I speak as far as I can recollect."

"Did you know Colonel Kirke?"

"I have seen him."

"Did you see Mr. Foljambe?"

"I have seen him."

"Have you seen him often?"

"I cannot have seen him often, for I have been working away from the Town."

"Did you see them together, before the last Election in 1826, at the Time of the Canvass?"

"Yes."

"Did Mr. Foljambe speak to you on the Subject of the Election, during the Canvass?"

"He did not, on the Canvass, for I did not see him on his Canvass. This was the Night before his Canvass."

"Before whose Canvass?"

"Before Mr. Foljambe said they were going to make a Canvass the next Day."

"For whom?"

"For Battye Wrightson."

"Did Mr. Foljambe speak to you on the Subject of the Election?"

"Not exactly at that Time."

"Did Mr. Foljambe at any Time before the Election of Mr. Wrightson apply to you for your Vote?"

"Not 'till the Evening before."

"What did he say to you upon that Evening?"

"It was at Mr. Dawber's, the Crown Inn."

"Is he a Publican?"

"Yes."

"What did Mr. Foljambe say to you upon the Subject of your Vote that Evening at Mr. Dawber's?"

Mr. Adam objected to the Question.

(Mr. Law.) "Is Mr. Foljambe a Banker at Retford?"

"I believe he is."

"And has been so for many Years?"

"I cannot say how many Years he has been."

"Has he taken an active Part in the several Elections during the Time he has been there?"

"I never knew him take any Part."

Mr. Law was heard in support of the Question objected to.

The Counsel were informed, "That any Transaction which took place between Mr. Foljambe and the Voter on the Subject of the Election might be received in Evidence, if relevant to the Issue."

(Mr. Law.) "What did Mr. Foljambe say to you on the Subject of your Vote that Evening at Mr. Dawber's?"

"He came and sat himself down with me, and said, all should be right."

"In the Month of October 1825, did you see a Person of the Name of George Haydock?"

"I did."

"Was he a Voter?"

"Yes."

"Did he shew you any thing?"

"Yes; he shewed me some Money in his Hand; some Bills."

"At the Time he shewed them to you, what did he say about that Money?"

"He said he had got it from Mr. Kirke, and I might go and receive some, if I chose; and I told him to take it Home to his Wife and Family: that I thought they stood in need of it. I never saw him get any Money. He might get Forty pounds, for any thing I know. I know it only by his Word."

(By a Lord.) "Did he tell you he had got the Money?"

"He shewed me some Money or Bills. I look upon it as one."

"Did he tell you how much it was?"

"No."

"Did you see how much it was?"

"No, I did not."

(Mr. Law.) "Was that the same Mr. Kirke you saw with Mr. Foljambe?"

"Yes, the same Mr. Kirke."

"Was Mr. Kirke a Burgess?"

"Yes, to be sure; he was an Alderman."

"Do you recollect the particular Expression that Haydock used when he produced the Money to you?"

"No, I cannot recollect that."

"Was Mr. Kirke called Colonel Kirke?"

"Sometimes; sometimes Mr. Kirke."

"Was he called the Little Colonel, ever?"

"Why, he was a low Man."

"Was he so called?"

"I do not know; he was in general called Colonel Kirke, or Master Kirke, or sometimes' Squire Kirke."

"Were you canvassed by Mr. Wrightson?"

"No."

"Do you know Mr. Palmer?"

"William Palmer; I have seen him."

"Was he a Voter?"

"I believe he was."

"Did Mr. Palmer and Mr. Kirke make any Application to you upon the Subject of your Vote for Mr. Wrightson?"

"No."

"Did you see Sir Robert Dundas?"

"I have seen him."

"Did he come in company with Mr. Foljambe?"

"I see'd him on the Broad Stone."

"Did Mr. Foljambe the Banker say any thing to you in the Presence of Sir Robert Dundas?"

"No."

"Recollect yourself, and what you have stated before."

"Not to my Knowledge."

"Did Mr. Foljambe introduce Sir Robert Dundas to you?"

"There was Mr. Foljambe, Sir Robert Dundas, and Mr. Kirke called me out from the Shop, I think."

"When you were called out from the Shop, did Mr. Foljambe say any thing to you in the Presence of Sir Robert Dundas?"

"I axed Mr. Kirke if he knowed Sir Robert Dundas. No; I asked Mr. Foljambe if he knowed Sir Robert Dundas? and he said he had seen him; and I said to Mr. Kirke, "Is he a Friend of Sir Robert Dundas's?" and he said he was, and a Friend of Mr. Foljambe's."

"What did you say to that?"

"Then I said he was a Friend of mine."

"What did Kirke say upon that?"

"I do not know that he said any thing."

"Recollect what you have stated before."

"I cannot recollect; I will speak true as far as I can recollect."

"Do you not recollect Colonel Kirke saying something, when you said "I am a Friend of yours?"

"No, I cannot recollect that."

"Did you hear the Word "right" mentioned on that Occasion?"

"No."

"Do you recollect the same Question being put to you upon a former Occasion that is now put?"

"At the Time at Mr. Dawber's he said all should be right; that is all I know about it."

"Was that the only Occasion on which he told you that?"

"That was the only Occasion I know any thing about."

"Had Mr. Foljambe, on any former Election, or a Canvass before any former Election, used the same Expression to you?"

"I never heard him."

"Did you ever hear the Expression of "Burgesses at Retford losing their Election?"

"I cannot recollect."

"Recollect what you have stated before; for your Memory has got very treacherous."

"No, it has not. I come here with as good Truth as ever any Man. My Memory may fail me, like other Men's."

"Do you remember the Expression, "losing their Election?"

"I never heard the Expression used by any Person about losing or gaining their Elections. I lost my Election; I never voted."

"State as nearly as you can the Times when you received the Packets containing Twenty Guineas each. What was the first Occasion on which you received a Packet containing Twenty Guineas?"

"I am sure I cannot tell that; it was brought into the House to me."

"In what Year?"

"It may be Ten or Eleven Years; I did not put it down."

"When next did you receive Twenty Guineas?"

"Two Years after, it may be; I cannot say; I received Two Packets for each Election."

"Who were the successful Candidates after whose Elections you received those Sums of Money?"

"They were Mr. Evans and Mr. Crompton; at both those Elections."

Cross-examined by Mr. Adam.

"You told the House that you never voted at all?"

"Not the last Election, I never did."

"Whom, if you had voted, did you mean to vote for at that Election?"

"I meant to vote for Sir Henry Wright Wilson."

"What Reason had you for that?"

"Because he was a Man of my Principles."

"Were you to get any thing from him?"

"No."

"It was not to be all right with him?"

"I never heard such a Word mentioned."

"Did you ever hear the Word mentioned, except upon this Occasion at Dawber's?"

"Never."

"You never but once heard in your Life of that Word?"

"It was only that Time that I heard that Word mentioned."

"Who was at Dawber's with you and Mr. Foljambe?"

"There were, may be, Fifty there."

"Was any body with Mr. Foljambe?"

"All those Burgesses were with him."

"Did any body come with him?"

"Not to my Knowledge."

"What were you doing; were you drinking?"

"Yes."

"Mr. Foljambe is a Gentleman?"

"For any thing I know of."

"He lives in a good House, and has Horses and Carriages?"

"Yes, to be sure."

"Does he come much to Public Houses?"

"I never saw him. I do not think I was ever Three Times in his Company in my Life."

"Did you receive any Money from Sir Henry Wilson?"

"Not a Farthing; nor from any other Candidate neither."

"How long have you known Mr. Foljambe?"

"I dare say I have known him Ten or Eleven Years."

"Do you recollect his Father?"

"No; I know very little about his Father."

"Was not his Father Member for the County of York many a Day in your Time?"

"I do not know any thing about that."

"You do not meddle with Politics?"

"No."

"Do you know Mr. Hornby?"

"I have seen him."

"Did you talk with him about Elections?"

"About this last Election."

"Were you up here at the Committee of the House of Commons?"

"I was."

"Who sent you up; was it Mr. Hornby?"

"No."

"Who was it?"

"I do not know. It was some Man that came down from London. I will tell you his Name as soon as I think of it."

"I mean in 1827?"

"You mean for Sir Henry Wright Wilson. There was an Attorney came down from London, and came and served us."

"Had you any Talk with Mr. Hornby before that Attorney came?"

"Yes, many a Time."

"About the Election?"

"I cannot say I had much about the Election."

"Mr. Hornby was for Sir Henry, was not he?"

"Yes, I believe so."

Re-examined by Mr. Law.

"You stated there were Fifty Freemen present at Dawber's that Evening you were there?"

"Yes, as near as I can tell; I did not count them."

"At the Time Mr. Foljambe said all would be right?"

"Yes. I do not say that he said so to them all; but he came and sat down by me, and said so to me."

Examined by the Lords.

"Did he say so loud enough to be heard?"

"He said so that all the Room might hear him."

"Do you remember Mr. Thornton saying to you, in the Presence of Sir Robert Dundas, and when he canvassed you, "It shall be all right with you?"

"It was Mr. Foljambe said it should be all right with me."

"Was not that at Sir Henry Wilson's Election?"

"Not at Sir Henry Wright Wilson's Election; it was before Sir Henry Wright Wilson came, some Time."

"Will you explain what is meant by "all is right?"

"I do not know further, than Mr. Foljambe said all should be right."

"Did not you know the Meaning of it?"

"I do not know; he never mentioned Money nor nothing of the kind; and what his Meaning was it was hard to say. You would not have me go and say a false Thing."

"You will probably see it right to say what you have said before?"

"I will, as far as I can recollect."

"You were asked in another Place, what you had understood by the Expressions, that all should be right. Did you not say, "Because they put their Trust in Mr. Foljambe and Mr. Kirke, that all should be right;" did you not say that?"

"I might."

"Have you any Doubt you did?"

"I have no Doubt I did."

"It was this: "Who put their Trust? The Burgesses." Which is the Question put to you?"

"Those that put their Trust in Mr. Kirke and Mr. Foljambe."

"Was not this Question put to you, "What was your Understanding of the Meaning that all should be right; and did not you give this Answer, "My Understanding was, because we all looked to them to get the Money, to be sure?"

"I cannot recollect that ever I mentioned such a Word; not about any Money."

"Have you not said that you understood by it that you were to get Money?"

"I never heard a Word of Money mentioned."

"Do you not know that the Expression "all is right" meant that you were to have Money?"

"No, I cannot say, from Recollection."

"Have not you said so?"

"I make no Doubt that I have said so; I believe I have said so."

"Have you any Doubt you have said so?"

"I believe I have said so."

"Have you any Doubt it is the Truth?"

"And it is the Truth as far as this; but I believe the Term Money was never mentioned."

"They do not talk about Money; but they say all is right?"

"The Word was, by Mr. Foljambe, "all should be right."

"Did you not understand by that, that you should have Money?"

"I never requested any Money from any one."

"Did you not believe that you were to have Money?"

"If they were to send it to me, as had been done by others, if they all sent me Presents, I should have Money."

"Did not they tell you that it should be all right, before you had that Money?"

"No; I never heard it before the last Election."

"The last Election, did you hear it?"

"Yes."

"Did not that at the last Election induce you to think you were to get Money?"

"I do not know exactly what he meant; but I expect he meant Money."

"Did you ever get into any Trouble about any Potatoes?"

"No."

"Never?"

"No, never."

"Do you know a Lady of the Name of Bonson?"

"Yes."

"Did you ever take a Fancy to any of her Potatoes?"

"I once pulled Three or Four of the Roots; but I was never brought into Trouble. I took the Value of Three or Four Potatoes as I was coming out of the Field."

"What happened then?"

"This was before ever I was a Burgess."

"What happened then?"

"I am sure I cannot answer that Question."

"Did not she threaten to prosecute you?"

"No. I told her, If I had done any thing amiss, I would take and go and lay the Case before a Justice. She said, "Good Man, go your Ways home to your Family;" and I went down on my Knees, to return her Thanks for being so good."

"She did not prosecute you then?"

"No."

"That was Mrs. Bonson?"

"Yes. Well, I will own to it; that was the Truth."

"You stated that this Conversation took place at Mr. John Dawber's did not you?"

"Yes."

"What Sign did he keep?"

"The Crown."

"Were there Two Mr. John Dawbers in the Town?"

"There was one John Dawber, a young Man, in the Town. I do not know whether his Father was John or not; I believe it is Matthew."

"Was he a Painter and Plumber?"

"He was a Plumber."

"Was he present when Mr. Foljambe said all should be right?"

"Not to my Knowledge."

"Was not he serving out Beer to the People?"

"I did not see him; nor I did not see any Beer brought up, for it was all brought up ready on the Table."

"Did you often go to Mr. John Dawber's House?"

"Me? No."

"Is he not a Friend of yours?"

"Yes; friendly enough."

"Have you known him long?"

"I have known him ever since he was a Boy."

"Has he always lived at East Retford?"

"To the best of my Knowledge; he was apprenticed in the Town."

"Did you know any other Person of that Name?"

"No; I do not know any other Person of that Name."

"Your Name is Buxton, is it not?"

"Yes, it is."

"Do you understand the Meaning of the Term, "losing your Election?"

"Yes; I lost my Election."

"What do you mean by that- "losing your Election?"

"There was Mr. Ewing at one Election; and General Charles Crawford and Sir John Ingleby, or William Ingleby, stood the Poll; and Mr. Ewing lost his Election, and I gave him a single Vote, and I lost mine."

"What do you mean by "I lost mine?"

"Because he had his; and there were others besides myself. Sir William Ingleby got brought in, and General Charles Crawford was brought in, and Mr. Ewing lost his Election."

"Do you mean that you got no Money by that?"

"Not a Farthing."

"Was not that your Understanding of the Term?"

"I have heard them say, when they have lost their Money, they have lost their Election."

"Do you know any Mr. Bailey?"

"Yes, I know Mr. Bailey; but which Bailey is it that you mean? There are many of that Name."

"How many do you know?"

"There is James Bailey I know, and William Bailey, and James Bailey, and James Bailey again, and George Bailey; and I knowed his Father; and I knowed Thomas Bailey, and I knowed John Bailey; and I knowed Two Joseph Baileys, and I knowed Two Joseph Baileys more; that is Four Joseph Baileys."

"How many of them are Burgesses of East Retford?"

"There are Three Burgesses Baileys in East Retford."

"Which are they?"

"There is George Bailey the Butcher, and James Bailey, that used to go by the Name of James Bailey the Boatman; and James Bailey the Whitesmith, as we call him, that worked on Locks."

"Are they Sons of George Bailey the Butcher?"

"No; he has no Sons."

"Are those Two the Sons of James Bailey the Boatman?"

"No; the Whitesmith is the Son of James Bailey the Boatman."

"Were they present when Mr. Foljambe said that every Thing should be right?"

"Not to my Knowledge; they might be or they might not. I do not know who was there; I cannot name who were there. I dare say there were Forty or Fifty."

"Did not you say that you talked with Hornby?"

"Yes."

"Did you talk to him about all was right?"

"No, not to my Knowledge."

"Did he talk with you about the Committee in the House of Commons you were going to?"

"Not to my Knowledge."

"Was not he Sir Henry Wright Wilson's Agent?"

"I believe he was; I believe he advertised himself so."

"Did he come to you of his own Accord, or did you send for him?"

"No; I never sent for him. A Man came into the Country I cannot say any thing of."

"How did you know him; as you did all the Baileys?"

"I never knowed him 'till they stopped. I will tell in a Moment."

"Do not hurry yourself."

"No, I will not. Mr. Maddox wrote, saying that he was coming down; and that is all I know about it."

"When did he first come down after the Election; when did you first see him after that?"

"I saw him before the Election, when he got a Letter from Mr. Maddox. He wrote to several of them. I believe he wrote to Mr. Kirke."

"That was before the Election?"

"Yes."

"After the Election, how soon did he come down again?"

"He lived in Retford, and he did not come down."

"When did you see him before you went up to give Evidence at the House of Commons?"

"He sent me on an Errand to one Thomas Booth, about Ten Miles; that was about Two or Three Days before I came up to the House of Commons."

"What was that Errand about?"

"It was to fetch an Evidence concerning something he had seen some Freeman have, but what it was I do not know."

"Did he talk with you about what was to take place in the House of Commons."

"No; he never told me what was to take place in the House of Commons."

"Did he tell you to talk to Booth about it?"

"No; it was Mr. Dickenson, I believe, sent me over to Markham, for Thomas Booth,"

"Did Hornby?"

"I will not be positive."

"You talked to Hornby about what was to take place in the House of Commons, did not you?"

"No, not to my Knowledge. I am no Scholar."

"Did you not know that Sir Henry Wright Wilson was going to petition the House of Commons?"

"I had heard it mentioned."

"Did you not know you were to go up?"

"Not 'till they served the Subpæna upon me."

"Then you knew you were to go and be a Witness for Sir Henry Wright Wilson?"

"I knew I was to go and speak the Truth, as far as my Knowledge would allow me."

"Did you speak to him about speaking the Truth?"

"He never asked me what I had to say. That was the only Gentleman, who came down from London, who examined me."

"What was his Name?"

"I cannot recollect at the Moment."

"Was he Sir Henry Wright Wilson's Attorney?"

"Yes."

"Did he talk to you about all being right?"

"No. Mr. Foljambe talked to me about that."

"Who told you it was necessary for you to state that to the House of Commons?"

"Nobody, to my Knowledge."

"You never heard of it before you came to the House of Commons?"

"I heard it at Mr. Dawber's; that was a good while before I came to the House of Commons."

The Counsel and Witness were directed to withdraw.

The Counsel and Witness were again called in.

"You have had no Conversation with Hornby?"

"Not to my Knowledge."

"Had you any Conversation with any Agent of his about the Evidence you were to give before the House of Commons?"

"I never had."

"Did you ever talk with any body about it?"

"No; I did not know any thing about the Case; I knew nothing about coming to the House of Commons before they served the Paper on me."

"You did not know, before you went to the House of Commons, that you would be asked about the Meaning of "all right?"

"I never did."

"It was not a common Subject of Conversation, was it?"

"Not to my Knowledge. I heard it mentioned at Mr. Dawber's."

"You have heard it once or so, but it was not a general Subject of Remark about "all right?"

"Till I heard it that Time at Mr. Dawber's, to my Knowledge, I never heard any thing about it; Children might sound it about the Streets, but not any thing for me to notice it."

The Witness was directed to withdraw.

Then William Hodson was called in; and having been sworn, was examined as follows:

(Mr. Price.) "Are you a Burgess of Retford?"

"Yes."

"What Line of Life are you in?"

"A Boot and Shoe Maker."

"How many Years have you been a Burgess of East Retford?"

"About Twenty-two Years, I think."

"What was the first Election that you recollect?"

"I voted for Sir John Ingleby the first."

"Was that in the Year 1806?"

"I cannot say to the Year."

"How many Years was it before Mr. Osbaldeston's Election?"

"I cannot recollect that."

"Do you remember Mr. Osbaldeston's Election?"

"Yes."

"Did you promise that Gentleman?"

"I think I did not."

"Was Mr. Marsh a Candidate?"

"Yes."

"Did you promise Mr. Marsh?"

"I think I promised Mr. Marsh; but I cannot be certain whether I did or not."

"Do you remember, about Two Years after Mr. Osbaldeston's Election, going to the Angel Inn at Retford, in the Month of October 1814?"

"Yes; I went to the Angel Inn very often."

"I ask you, whether in October 1814 you went to the Angel Inn in Retford?"

"I cannot say whether I did in that Month."

"Do you remember a Person of the Name of Hannam?"

"Yes."

"Did you meet him at the Angel Inn at Retford in October 1814?"

"I do not know whether in that Month; I recollect seeing Mr. Hannam there, but I cannot say to the Month."

"How long was it after Mr. Osbaldeston's Election?"

"I cannot say; it may be Three Years; I cannot say to a Month or two."

"Who was there besides Mr. Hannam?"

"I do not know."

"Was he alone?"

"I think there was another Gentleman with him."

"What was his Name?"

"I do not know."

"Was he a Stranger to you?"

"Yes; I never saw him in my Life before."

"What was he doing?"

"He was sitting in a Room."

"Had he any thing with him?"

"Not that I know of, particular."

"Was there any Money?"

"Yes."

"Did you receive any of it?"

"Yes."

"How much?"

"I am sure I have forgotten now."

"Recollect yourself. How much did you receive?"

"I cannot say just now."

(By a Lord.) "Attend to the Question. Recollect you are sworn here."

(Mr. Price.) "How much did you receive?"

"Perhaps it might be Twenty Guineas."

"Have you any Doubt that you received Twenty Guineas?"

"There was either Twenty Guineas, or Twenty Pounds, but I cannot say."

"Who paid it you?"

"I do not know who paid it."

"Was it Mr. Hannam, or the other Gentleman?"

"I think it was the other Gentleman, but I cannot recollect; it is a long while since, and I did not think any body would ever ask me."

"Were there any other Freemen present?"

"No."

(By a Lord.) "Did Mr. Hannam owe you Twenty Pounds?"

"No."

"Did the other Person owe you any Money?"

"No."

"How came they to pay you this Twenty Pounds or Twenty Guineas?"

"I never asked them what they gave it me for, and they never told me."

"And you took it, and went away with it?"

"Yes, I did."

"What was it for?"

"I do not know. They never told me what it was for."

"Do you mean to say, you do not know or believe what it was for?"

"They never told me what it was for."

"Do you mean to say, you do not know or believe what the Money was for? Recollect you are sworn."

"I cannot say to that. They never told me what it was for, and I never asked them."

"Do not you believe it was with reference to the Election?"

"Perhaps it might be; but they never told me it was."

"Did you feel any Surprise at receiving it?"

"Yes."

"Had you made any Promise, in consequence of which you were paid this Money?"

"No."

"And they never told you it was in consequence of any Promise?"

"No; and I could not expect any thing; they never promised me any thing, and I never asked them for any thing."

(Mr. Price.) "Did any body tell you to go there that Day?"

"I cannot say whether they did or not."

"What did you go there for?"

"I was going there to get a Glass of Ale now and then."

"Do you mean to state it was by Accident you went there that Day?"

"Yes."

"Were they in the Taproom?"

"No."

"Were they up Stairs?"

"Yes."

"Was it by Accident you went up Stairs into that Room?"

The Witness hesitated.

(By a Lord.) "How happened you to go up into that Room where you found Mr. Hannam and another Gentleman with the Money; will you answer the Question?"

"As far as I can, I will answer it."

"Why do not you answer the Question?"

"I should like to hear it again."

"How did it happen that you went up Stairs into that Room, where you found Mr. Hannam and this Stranger with the Money?"

"I am sure I cannot say exactly how that was."

"Was it a long while ago that it happened?"

"Yes; I should think Fifteen or Sixteen Years, or more than that."

"Then you might easily forget the Reason that induced you to go up?"

"Yes."

"Did not somebody desire you to go up?"

"Nobody desired me to go up."

"Did not somebody ask you to go up?"

"No."

"Did nobody say any thing to you about going up; upon your Oath?"

"I heard say that Mr. Hannam was there."

(Mr. Price.) "For what Purpose did you go into that Room where Mr. Hannam was?"

"I think somebody said that Mr. Hannam was up Stairs, and was giving Money away."

(By a Lord.) "Some of the Servants told you that Mr. Hannam was up Stairs giving some Money away."

"Yes."

"And you went up to get some of it?"

"Yes."

(Mr. Price.) "Did you believe that to be what is called Election Money?"

"Yes, I expect so."

"Did Mr. Hannam take any Part in the Election of 1812?"

"I do not think he did."

"Do you remember the Election of 1818, when Mr. Evans and Mr. Crompton were Candidates?"

"Yes."

"Did you promise those Gentlemen your vote?"

"Yes."

"Did you receive any Money after that Election?"

"Yes."

"How much?"

"I cannot exactly say; but I should think there might be Twenty Pounds or Twenty Guineas."

"How much did you receive after the Election of 1818, in all?"

"Forty Guineas."

"Was it in One Parcel or in Two?"

"It was in Two."

"How did you receive it?"

"That is more than I know."

"Where did you get it?"

"It was put in my House."

"Did you believe that those Two Sums of Twenty Guineas were Election Money?"

"Perhaps they might be, but I do not know what they were for."

"Have you any Doubt of it?"

"I could not think they were Election Money, because Mr. Evans never promised me any."

"Have you any Doubt of those Two Packages being Election Money?"

"I cannot speak to that, I am sure."

"Have you any Doubt that those Packages of Money were Election Money?"

"Perhaps it was."

"Have you any Doubt of it?"

"I should think it perhaps might be, but I do not know."

(By a Lord.) "Who did you say you received it from?"

"I do not know."

"Did the Person from whom you received it owe you any Money?"

"I did not receive it of any Person."

(Mr. Price.) "How did you receive it?"

"I found it at my House."

(By a Lord.) "It came in a Package?"

"Yes."

"Sent in what Way?"

"I do not know in what Way it was sent; I found it in the House."

"And, as an honest Man, you tried to find the lawful Owner of it, did not you?"

"I should not know where to have found him."

"You did not think it belonged to you?"

"Yes, I did, because I found it at my House."

"Was it addressed to you?"

"I cannot recollect that; perhaps it might have been, but I do not know whether it was; I cannot say whether it was addressed to me or not."

"If it was not Election Money, what could it have been?"

"I did not know what it was."

(Mr. Price.) "Do you remember the Election of 1820, the second Time when Mr. Crompton and Mr. Evans stood?"

"Yes."

"Did you promise these Gentlemen your Vote upon that Occasion?"

"I am sure I cannot say whether I did or not."

"How comes it that you can recollect that you promised in 1818, and forget it in 1820?"

"They knew I should vote for them, and I do not know that I promised them a second Time; I cannot say positively that I did. They knew very well that I should."

(By a Lord.) "How did they know you should?"

"Because Mr. Crompton was a Man that I liked his Principles."

"Did you receive the Money after the Election of 1820?"

"Yes."

"How much?"

"It was the same as before."

Cross-examined by Mr. Alderson.

"Do you know whether it is the Custom in other Boroughs to do Favours to Persons who have voted for them, after the Election?"

Mr. Law objected to the Question.

"Did you ever hear of any Promise made before any Election at Retford?"

"Never in my Life."

"Were you ever promised to receive any Money in respect of your Vote?"

"Never; nor never asked for none."

"Then were these Monies, whatever they might be, Presents to you?"

"I suppose they were."

"Was there any Condition annexed to them at any Time? Was any thing said that you were to do any thing for it?"

"No."

"Do you know of any other Favours being done to Voters at Retford, such as giving them a Place, for instance, after the Election?"

"No; I do not know any thing of that."

(By a Lord.) "It was not any thing you were to do; the Election was over when you had the Money?"

"Yes."

"Therefore it was something that had been done that you had the Money for?"

"I do not know that it was for that."

"Do you mean to say that you do not know that it was for that? Remember you are upon your Oath."

The Witness hesitated.

"Why do not you answer the Question?"

"I do not know how I can answer it. How can I answer it when there was nothing promised?"

"Was not the Phrase "all right" a common Expression?"

"I never heard of that Word at Retford before it was manufactured at Mr. Hornby's Office."

"When was that?"

"It was before the Petition."

"How long before the last Election was it?"

"After the last Election."

"Will you swear you never heard of it before the last Election?"

"If I had been coming on the Coach I might have heard one of the Guards say so, but I never heard any one else."

"You never heard the People at the Election say so?"

"No."

"You mean to swear that?"

"I do swear it; 'till I heard say that Hornby had got a Pack of Witnesses in his Shop, to make them swear any thing, so that they should unseat the Members; there is no Doubt of that."

"Supposing you had not received that little Present, would you have voted again for those Gentlemen?"

"Yes."

"Without having received it?"

"Yes; I will vote for Mr. Crompton any Time."

"Every Time after you voted for Mr. Crompton, did not you receive something?"

"Yes, I did receive something."

"And what did you receive?"

"I said it was either Twenty Pounds or Twenty Guineas."

"Was it Twenty Pounds or Twenty Guineas?"

"I should think it might be, perhaps, Twenty Guineas."

"Have you any Doubt of it?"

"No."

"Did not you expect to receive something when you gave your Vote?"

"No, I did not."

"Do you know that after the Elections at Retford there is a Custom of making Presents to the Freemen of that Borough?"

"Yes, there is, sometimes."

"Have you not on all Occasions received such a Present when you have voted?"

"No."

"On what Occasions have you not received it?"

"The first Election I voted I never received any thing, and the second Election I never received any thing."

"Whom did you vote for on the first Election?"

"I voted for Sir John Ingleby."

"In what Year did that take place?"

"I cannot say; I have forgotten the Year."

"Did you vote for a losing Candidate?"

"Yes."

"On the second Election for whom did you vote?"

"Sir William Ingleby."

"Did you receive any Money then?"

"No."

"What Year was that in?"

"It was very soon after the first Election; after Sir John Ingleby's Election. I think it was not above a Year after, if it was as much."

"Was he the losing Candidate?"

"No; he was successful."

"And you did not receive any Election Money from him?"

"No."

"Whom did you vote for in the Year 1812?"

"That was Mr. Osbaldeston's Election; there was no Poll then."

"Whom did you promise?"

"I do not know whether I promised either; I think I did not promise either."

"Did you get your Money?"

"I have told you what I got at the Angel."

"In the Year 1818, whom did you vote for?"

"The next Election after Mr. Osbaldeston's was Mr. Evans and Mr. Crompton."

"Did you get your Money then?"

"I told you there was some came to my House."

"Are you not aware that there is a Practice and a Custom of receiving Twenty Guineas a Vote at Retford?"

"The Burgesses do receive some sometimes; but it is not for the Votes, as they know of."

"Were you alone with Mr. Hannam in 1812, when you received that Money?"

"I think there was another Gentleman with him."

"No other Freeman?"

"No."

"You were called up alone?"

"I was not called up. I told you that One of the Servants said that Mr. Hannam was giving some Money away."

"Were any other Freemen standing on the Stairs?"

"I cannot say whether there was or not, but I think not."

"Were there any other Freemen in the House?"

"No, I think there were not."

"Were there any Persons drinking in the House with you?"

"I only went in to have a Glass of Ale. I cannot say that there was any body drinking with me."

"You were asked whether you knew of any Place having been given after the Election, and you said not?"

"I never heard of such a Thing."

"Did you ever hear of a Living being given after the Election to any Gentleman?"

"No, never in my Life."

"Are there no Clergymen living at East Retford?"

"There are some Clergymen living at East Retford."

"Any that have Votes?"

"No."

"You never heard of any one of them getting a Living from any of the Candidates?"

"Never."

"Did you vote in 1826?"

"Yes."

"Whom did you vote for?"

"Sir Robert Dundas and Mr. Wrightson."

"Sir Henry Wright Wilson stood, did he not?"

"Yes."

"Were there many Voters in his Interest?"

"Perhaps there might be Sixty or Sixty-five, or Sixtyseven; I know he polled about Fifty-three."

"If the Custom was, that those who voted for the successful Candidate were to have Money, those Persons knew very well, in voting for Sir Henry Wright Wilson, that they would get none at all, did not they?"

"I do not know what they knew."

"Was not it known that Sir Henry Wright Wilson was in the Minority?"

"It was thought so."

"Was it not well known that Sir Robert Dundas had the Majority of the Votes?"

"It was thought that he would be successful."

"Was not it known that the Number of Voters who had promised Sir Henry Wright Wilson was about Fifty or Sixty?"

"More than that; I think he polled Fifty-three, and there was Twenty or Thirty more to vote."

"How many polled for Sir Robert Dundas and Mr. Wrightson?"

"About One hundred and twenty."

"How many broke their Promises, that had promised to vote for Sir Robert Dundas?"

"I cannot say how many."

"Not many, were there?"

"I do not know."

"Were there Ten?"

"I cannot sav."

"Do you know any that broke their Promises?"

"I cannot say as to that."

"Did you ever hear of any Voter that broke his Promise to Sir Robert Dundas?"

"I think I heard them talking that some of them had promised, and broken their Promises."

"Did not you hear them talking of many having done so?"

"Not many."

"How long was it before the Election that they had promised Sir Robert Dundas?"

"Perhaps it might be Six Months; but I did not take any Notice of that."

"How long before the Election did Sir Henry Wright Wilson come down?"

"Perhaps Four Months; I cannot speak to a Week or Two."

"As soon as he had canvassed the Town it was very well known that he had no Chance, was not it?"

"No; they used to say that they thought he would be elected."

"When was it that they gave up all Hopes?"

"When the Poll was over."

"Not before?"

"No."

"Never?"

"Not that I know of."

"Was there any Riot at the Election?"

"Yes."

"Who was that got up by?"

"Sir Henry Wright Wilson's Friends."

"The Voters?"

"The People that was in their Interest."

"Did you see any of the Voters rioting?"

"Yes, I saw them; but I was not very near them, for I went to keep out of the Riot."

"You were not present then?"

"I saw them, but not very near."

"Did not you see a great Number of strange Persons that were known not to be Inhabitants of Retford engaged in this Riot at the Election?"

"I was in the Hall most of the Time."

"When you were out of the Hall?"

"I saw a vast many People."

"You have lived in Retford some Time, have not you?"

"Yes."

"They were not any of your Neighbours, were they?"

"Some of them were, and some were not."

"Did you see no Strangers that had come in?"

"Yes; I saw Soldiers."

"Any out of Red Coats?"

"Yes; I saw Two, but I did not know their Names."

"But you saw People that you had not been accustomed to see in the Town of Retford, acting with great Violence?"

"Yes; they were very bad."

"Those Voters who voted for Sir Henry Wright Wilson voted because they were against the Catholics, did not they?"

"Yes; they said they did."

"Was there any Expectation that they would get any Money if Sir Henry Wright Wilson came in?"

"I am sure I do not know what they expected."

"Did not he and his Agent declare that he would not pay any thing?"

"I have heard that said; but I never heard him say any thing."

"You know it was generally given out that he was not to give any Money after the Election?"

"I do not know that."

"Did you ever hear it stated generally by his Friends and Agents, that Sir Henry Wilson would not give any Money to those Voters that voted for him?"

"I am sure I cannot speak to that."

"Was not that talked of in the Town of Retford; did you not hear it yourself?"

"I might hear them say so, but I cannot recollect any thing about it now."

"Have you any Doubt whatever that it was stated publicly to the Voters that Sir Henry Wright Wilson would not give them any Money in case he came in?"

"Yes; perhaps he might say so."

"How many voted for him at the Election?"

"Fifty-three."

"Did Sir Robert Dundas make a similar Declaration?"

"I cannot recollect that he did. I think I never saw him but One Day at Retford."

"Did any of his Agents say it for him?"

"No; I never heard them say any thing about it."

"Did Mr. Wrightson's Agents ever say that they would not give any Money?"

"No; I never heard them say any thing about Money."

"Neither Mr. Wrightson nor his Agent?"

"No."

"How many Voters are there in East Retford?"

"About Two hundred."

The Witness was directed to withdraw.

The Counsel were directed to withdraw.

Ordered, That the further Consideration and Second Reading of the said Bill be put off 'till To-morrow; and that the Lords be summoned.

Report of H. C. on Northern Roads communicated.

The Messengers sent to the House of Commons this Day, being returned, acquainted the House, "That the Commons had delivered to them a Copy of the Report, as desired in their Lordships Message."

Ordered, That the said Report do lie on the Table.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, tricesimum diem instantis Aprilis, horâ decimâ Auroræ, Dominis sic decernentibus.