House of Lords Journal Volume 62: 30 April 1830

Die Veneris, 30 Aprilis 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Pentland v. Booth & Dickson.

The Answer of James Booth of Thirza Place, Old Kent Road, Surry, Gentleman, and Walker Dickson of the City of Edinburgh, Writer to the Signet, to the Petition and Appeal of George Pentland, some time Coachmaker, now residing in Perth, was this Day brought in.

Munro & Rose v. Saunders et al.

After hearing Counsel fully in the Cause wherein Mrs. Catherine Munro or Rose, and Hugh Rose her Husband, are Appellants, and John Saunders or Woodman, and others, are Respondents:

It is Ordered, That the further Consideration of the said Cause be put off sine Die.

Munro & Rose v. Drummond et al.

Ordered, That the Hearing of the Cause wherein Mrs. Catharine Munro and Hugh Rose her Husband are Appellants, and Andrew Berkeley Drummond Esquire, and others, are Respondents, which stands appointed for this Day, be put off to Monday next.

Sir J. Montgomery et al. v. M. of Queensberry, & Selkrig.

Ordered, That the Hearing of the Cause wherein Sir James Montgomery Baronet, and others, are Appellants, and Charles Marquess of Queensberry and Charles Selkrig are Respondents, which stands appointed for this Day, be put off to Monday next.

The House was adjourned during Pleasure.

The House was resumed by The Lord Wynford, who sat as Speaker by virtue of a former Commission.

Shakerley's Divorce Bill:

The Order of the Day being read for the further Consideration and Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Charles Peter Shakerley Esquire, of the Parish of Egham, in the County of Surrey, with Laure Angelique Rosalbe Shakerley his now Wife, and to enable him to marry again; and for other Purposes therein mentioned;" and for the Lords to be summoned;

Counsel were accordingly called in:

Mr. Adam stated, "That, in consequence of Observations which had been made on a former Day, it appeared to those representing the Petitioner desirable that the Attendance of Witnesses resident in France should be procured in order to the Proof of Facts spoken to by the Witnesses who have been examined; that in consequence of that, a Gentleman had been dispatched to France, who had endeavoured to procure the Attendance of a Person of the Name of Feonie, an Innkeeper, and also the Master of a Boat on board which it had been alleged that Adultery had been committed, and the Boatmen; that the Persons in question had refused to come over to this Country, except on the Payment of a Sum of Money, which was so large, that, if given, those who represented the Petitioner felt that it might be insinuated that it might furnish an Inducement to giving false Evidence; that the Petitioner felt most anxious to procure their Attendance, even at the large Expence which it would occasion, if it were understood that his Case would not be prejudiced by the Payment of the Sums that had been demanded; that he was instructed to state, that their Evidence would go the whole Length of the Allegations contained in the Preamble."

The Counsel was informed, "That it was not in the Power of the House, or of any Noble Lord who might preside in it, to advise the Petitioner as to the Course he should adopt; that their Lordships were aware that it was not to be expected that a Person not liable to the Process of this House should be induced to leave his Business unless he was compensated; but that at the same Time Care must be taken that under Pretence of indemnifying the Individual against Loss, something was not given that might appear to be intended to influence the Evidence he was to give; that the Counsel must exercise his own Discretion, and their Lordships had no Reason to believe the Discretion would not be properly exercised."

Mr. Adam stated, "That he was anxious to take the very first Opportunity that offered itself of stating to the House the Difficulties which had occurred, and of stating beforehand that the Witnesses, if their Attendance should be ultimately procured, came under the Circumstances referred to, rather than that the Fact of the Compensations they received being stated when their Evidence was given; that having made the Explanation he would now exercise his Discretion on behalf of the Petitioner."

The Counsel, being asked, "Whether he wished to give any Evidence this Day?" stated, "That he was desirous of putting in certain Letters of the Petitioner, Copies of which were annexed to the Proceedings in the Ecclesiastical Court, in reference to Mr. Shakerley's Journey to France in February 1827; that it had been supposed at one Moment that that Journey was occasioned by a Suspicion of Misconduct on the Part of Madame Shakerley in France; but that the Letters would shew that the Journey was occasioned by Reports which had reached the Petitioner of Misconduct while in England, and that he wrote to Madame Shakerley requiring Explanations of such Conduct; that her Letter was in Evidence, and he trusted their Lordships would see no Objection to receiving, as a Part of the Correspondence, the Letter of Mr. Shakerley to clear up that Point."

The Counsel, being asked, "Whether he could prove the Misconduct of Madame Shakerley while in England?" stated, "That he was not in a Situation to do that, in consequence of the Death of the Witness, a Servant Maid; that the Account she gave furnished the clearest Evidence of Adultery, but that that was not known to Mr. Shakerley at the Time he permitted Madame Shakerley to return to France, which was in consequence of the Arrangement made at the Time of the Marriage, that she should spend the Winters at her Father's Hotel in Paris."

The Counsel was informed, "That the Letters did not appear to their Lordships to be Evidence; that the Facts were capable of Proof if the Witness was living, but that if she had died, however much the Loss of the Evidence might be regretted, it did not make the Letters Evidence."

Mr. Adam stated, "That he would call the Witness who had been sent to France to explain the Attempts he had made to procure Evidence in Confirmation of that which had been given."

Then Henry Phillips was called in; and having been sworn, was examined as follows:

(By Counsel.) "Were you sent in the Month of March last to France for the Purpose of seeing a Person of the Name of Feonie?"

"Yes, I was."

"By whom were you sent?"

"By Mr. Cole."

"Is Mr. Cole Mr. Shakerley's Agent?"

"I do not know; I believe he is an Agent in the Cause."

"For what Purpose were you sent?"

"I was to endeavour to get Feonie over as a Witness upon this Proceeding."

"Did you see Feonie?"

"I did."

"Where did you first see him?"

"I was at Blois on the Friday after the 17th of March; on the 19th of March."

"Did you apply to him to come over to give his Testimony?"

"I did."

"Did you learn from him whether he had been examined in England in the Case?"

"He mentioned that he had been over to England in this Cause, and had given his Evidence."

"What Answer did he give you?"

"He said he did not wish to come again, for it was a fatiguing Journey; he had been ill on his Return Home."

"Did he give any Reason for refusing to come over?"

"Yes."

"What was that Reason?"

"That he feared the Resentment of the Family of D'Avaray, and the Friends of The Duke D'Avaray, whom he feared."

"Did he say any thing about his Expences?"

"He said he would not come over unless he was paid."

"Did he say how much he expected to be paid?"

"He said he would not come unless he had a Thousand Francs for his Attendance."

"What Sort of Business does he carry on?"

"He keeps a small Inn, and lets out a Carriage."

"Do you know whether he lets out his Carriage for long Journeys?"

"It appeared that he goes very long Journeys."

"Did you make Enquiries for other Witnesses?"

"Yes."

"Who were they?"

"They were some Sailors of Nantes, who had Boats on the Loire to come from Nantes to Orleans."

"What is the Name of the Master?"

"Gonet."

"Did you see him?"

"Yes."

"Did you make Application to him to come over?"

"Yes."

"Did he refuse to come?"

"Yes, he did refuse to come."

"On what Ground?"

"He first said he was afraid when he got back to France he should be assassinated."

"Did he say any thing about Money?"

"Yes; he said he would not come over unless he had Two thousand Francs paid him."

"Did you see any of the Seamen?"

"Yes, I saw Two."

"What were their Names?"

"The Name of one was Dolban, and the other De Launay."

"Did you apply to Dolban to come over?"

"Yes."

"Did he come?"

"No, he did not."

"Upon what Ground did he refuse at the Time; did he say any thing about Expences?"

"He said he would not come unless he was paid."

"And De Launay?"

"He said he would not come without One thousand five hundred Francs."

"Did you consider that you had not any Authority to give those Sums?"

"Yes."

"Consequently you did not bring them?"

"I did not."

The Witness was directed to withdraw.

The Counsel being asked, "Whether it was his Desire to offer further Evidence this Day?" stated, "That he had intended to offer the Evidence of a Witness to another Act of Adultery, but that the Agent had just received Notice that he had fallen from his Horse Yesterday, and was not in a Condition to attend; and therefore he prayed, That a further Day might be given, on which he might adduce such further Evidence as he might, on Consideration, feel it proper to give."

The Counsel was directed to withdraw.

Ordered, That the further Consideration and Second Reading of the said Bill be put off to Wednesday next; and that the Lords be summoned.

Williams to attend on it.

Ordered, That Henry Williams Esquire do attend this House on Wednesday next, in order to his being examined as a Witness upon the Second Reading of the lastmentioned Bill.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Arrest for Debt, Petition from Cambridge not to exempt Sums under £100, from.

Upon reading the Petition of the Inhabitants of the Town of Cambridge, in the County of Cambridge, whose Names are thereunto subscribed; praying their Lordships, "That the Provision in the Bill now before Parliament for extending the Exemption from Arrest to all Debts or Demands under the Sum or Value of One hundred Pounds may not pass into a Law:"

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

Commissions of Bankrupt, Petition from Cambridge respecting Execution of, in London.

Upon reading the Petition of the Inhabitants of the Town of Cambridge, in the County of Cambridge, whose Names are thereunto subscribed; praying their Lordships, "That the Measure in Contemplation, requiring all Commissions of Bankrupt issued against Persons residing within the Distance of Eighty Miles from the Metropolis, to be executed in London, may not pass into a Law:"

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

Leeds & Selby Railway Bill, Petitions in favor of: (Keighley:)

Upon reading the Petition of the several Persons whose Names are thereunto subscribed, being Merchants, Manufacturers and Tradesmen residing in the Town of Keighley, in the West Riding of the County of York:

Owners of Lands through which the Railway is to pass:

Also, Upon reading the Petition of the Owners of the principal Part of the Lands through which the proposed Railway between Leeds and Selby is intended to pass, whose Names are thereunto subscribed:

Cloth Halls, Leeds:

And also, Upon reading the Petition of the Trustees of the Coloured and White Cloth Halls in Leeds, in the West Riding of the County of York, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, 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;" and severally praying their Lordships, That the same may pass into a Law:"

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

Kingston upon Hull:

Upon reading the Petition of the several Persons whose Names are thereunto subscribed, being Merchants, Bankers, Shipowners, Traders and other Inhabitants of the Town, Port and County of the Town of Kingston upon Hull:

Owners of Steam Tugs, &c. of the Ouse & Humber:

Also, Upon reading the Petition of the several Persons whose Names are thereunto subscribed, being Owners and Proprietors of Steam Tugs or Vessels navigating the Rivers Ouse and Humber, between the Town of Selby, in the West Riding of the County of York, and the Port of Kingston upon Hull:

Trinity House, Kingston upon Hull:

And also, Upon reading the Petition of the Guild or Brotherhood of Masters and Pilots Seamen of the Trinity House of Kingston upon Hull, under their Common Seal; taking notice of the last-mentioned Bill, and severally praying their Lordships, "That the same may pass into a Law, in such Manner, by such Ways and Means, and under such Regulations and Restrictions as to their Lordships shall seem meet:"

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

Selby:

Upon reading the Petition of the Merchants, Shipowners, Traders and other Inhabitants of the Town of Selby, in the West Riding of the County of York, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships, "That the same may pass into a Law, in such Manner and under such Modifications as to their Lordships shall seem meet; and that the Petitioners may be heard by themselves, their Counsel or Agents, in support of the said Bill:"

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

Leeds:

Upon reading the Petition of the Merchants, Manufacturers, Tradesmen and other Inhabitants of Leeds, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships, "That the same may pass into a Law, and that the Petitioners may be heard by their Counsel or Agents in support of the same:"

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

Lincoln.

Upon reading the Petition of the several Persons whose Names are thereunto subscribed, being Inhabitants of the City, Bail and Close of Lincoln, and the Neighbourhood thereof; taking notice of the last-mentioned Bill, and praying their Lordships "to sanction and permit the same to pass into a Law, as the Petitioners are firmly persuaded that the Measure, when carried into Effect, will prove a great Benefit to the Community at large:"

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

Leather Duties Repeal Bill.

A Message was brought from the House of Commons, by Sir Alexander Grant and others;

With a Bill, intituled, "An Act to repeal the Duties of Excise and Drawbacks on Leather, and the Laws relating thereto;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Muskett's Divorce Bill.

A Message was brought from the House of Commons, by Sir Alexander Grant and others;

To return the Bill, intituled, "An Act to dissolve the Marriage of Joseph Salisbury Muskett Esquire with Mary Muskett his now Wife, and to enable him to marry again; and for other Purposes;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Average Price of British Wheat, Account respecting, delivered.

The House being informed, "That Mr. Joyce, from the Board of Trade, attended;"

He was called in; and delivered at the Bar, pursuant to an Order of Monday last,

"An Account of the Average Price of British Wheat by which the Duty was regulated, from the 15th July 1828 to the 25th February 1830."

And then he withdrew.

And the Title thereof being read by the Clerk;

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

Ordered, That the said Account be printed.

Long Ells, Lead & Tin, & British Manufactures & Produce, exported to China, Accounts respecting, delivered, & referred to East India Com ee.

The House being informed, "That Mr. Preston, from the Court of Directors of The East India Company, attended;"

He was called in; and delivered at the Bar, pursuant to Orders of the 25th Day of March last,

"An Account of Long Ells, Broad Cloth and Camlets demanded from and exported to China in each Year, from 1811 to 1829, both inclusive:

Also, "An Account of Lead and Tin demanded from and exported to China in each Year, from 1811 to 1829, both inclusive:"

And also, "An Account of sundry Articles of British Manufacture and Produce which have been exported to China upon Experiment, not having been demanded by Indent, in each Year, from 1811 to 1829, both inclusive."

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.

Ordered, That the said Accounts 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.

Slavery, Petition from Queen St. Chapel, Sheffield, for Abolition of.

Upon reading the Petition of the Protestant Dissenters assembling for Divine Worship in Queen Street Chapel, Sheffield, whose Names are thereunto subscribed; praying their Lordships "to adopt such Measures as may lead to the gradual and final Abolition of Slavery in His Majesty's Colonies:"

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

British Spirits, Petition of Company of Merchants of Edinburgh against Increase of Duty on.

Upon reading the Petition of the Company of Merchants of the City of Edinburgh, incorporated by Royal Charter and Act of Parliament, under their Common Seal; praying their Lordships "to refuse their Sanction to the proposed Increase of Duty on British Spirits manufactured for the English Market:"

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

Criminal Laws, Petition from Kelvedon for Alteration of.

Upon reading the Petition of the Inhabitants of Kelvedon and its Vicinity, whose Names are thereunto subscribed; praying their Lordships "to direct their serious Consideration to the Penal Statutes relating to Forgery; and to render the Law inflicting the Punishment of Death for that Crime more accordant with the humane Feelings and enlightened Views of the British, Public:"

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

D'Oyly's Divorce Bill:

Hodie 3^a vice lecta est Billa, 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."

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

It was resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Cross and Mr. Trower;

To carry down the said Bill, and desire their Concurrence thereto.

Arle, &c. Inclosure Bill:

Hodie 3^a vice lecta est Billa, 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."

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

It was resolved in the Affirmative.

Leonard Stanley Inclosure Bill:

Hodie 3^a vice lecta est Billa, 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."

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 the former Messengers;

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

Caxton Inclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for inclosing and exonerating from Tithes Lands in the Parish of Caxton, in the County of Cambridge."

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

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

Buckle's Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable John Buckle Esquire, or other Committee of the Estate of William Buckle, a Lunatic, for and in the Name and on behalf of the said William Buckle, to consent to the Exercise of a Power of Sale over Estates settled on the said William Buckle for his Life, and which Power is exerciseable with the Consent of the said William Buckle."

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 Tuesday the 18th of May next, at the usual Time and Place; and to adjourn as they please.

Emeris's Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for confirming a Partition made by George Marmaduke Alington and Samuel Rowe Esquires of Estates in the County of Lincoln, devised in undivided Moieties by the respective Wills of Sarah Rowe and Elizabeth Rowe deceased."

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.

Hildyard's Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the Estates in the County of Lincoln devised by the Will of Mary Hutton deceased, in Trustees, upon Trust to sell the same, and for laying out the Monies arising from such Sales in the Purchase of more convenient Estates, to be settled to the same Uses."

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 Wednesday the 19th of May next, at the usual Time and Place; and to adjourn as they please.

Poore's Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for exchanging a Fee-Simple Estate belonging to Edward Dyke Poore Esquire, situate at Ablington, in the County of Wilts, for an Estate under Settlement, devised by the Will of the late Edward Poore Esquire, situate at North Tidworth, in the same County; and for authorizing the Investment of a Sum of Money in the Purchase of other Lands, to be settled to the like Uses."

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.

Strode's Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for authorizing the Tenants for Life of certain Estates devised by Richard Strode Esquire to grant Leases of Mines in such Estates, and authorizing the Guardians of Tenants in Tail to grant similar Leases of Mines and Farming Leases of such Estates; and for authorizing the Sale of certain Parts of the said Estates, and laying out the Monies in the Purchase of other Estates, to be settled to the Uses of the said Will."

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 Friday the 21st of May next, at the usual Time and Place; and to adjourn as they please.

Hawkins's Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for authorizing Leases to be granted of such of the Estates in the County of Cornwall as were devised by the Will of Sir Christopher Hawkins Baronet, deceased, to Christopher Henry Thomas Hawkins, an Infant, during his Life."

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.

Fever Hospitals (Ireland) Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to extend the Powers of Grand Juries in the Execution of an Act of the Fifty-eighth Year of His late Majesty's Reign, for establishing Fever Hospitals in Ireland."

Ordered, That the said Bill be committed to a Committee of the Whole House.

Ordered, That the House be put into a Committee upon the said Bill on Monday next.

Sir W.G. Cumming's Estate Bill, Copy of, referred to Judges in Ireland, to take Consents.

Ordered, That a printed Copy of the Bill, intituled, "An Act for selling the Entailed Estates of Gordonstown and others, in the Counties of Elgin and Banff, belonging to Sir William Gordon Gordon Cumming Baronet, or so much thereof as may be necessary, and to apply the Price arising therefrom in the Payment of the Debts affecting or that may be made to affect the said Lands and Estates," attested by the Clerk of the Parliaments, be, and the same is hereby referred to Mr. Baron M'Clelland, in Ireland, and Mr. Justice Burton, in Ireland, who are forthwith to summon Mrs. Margaret Grace Madden, The Reverend Samuel Madden, Charles Madden, Helen Madden and Cassandra Madden respectively, and the said Mrs. Margaret Grace Madden and Samuel Madden for and on behalf of the Child or Children under Age of the said Mrs. Margaret Grace Madden or Samuel Madden for whom she or he is or are jointly or severally Guardian or Guardians, and to take their Consents to the said Bill, and thereafter to report to the House, under their Hands, whether the said Mrs. Margaret Grace Madden, The Reverend Samuel Madden, Charles Madden, Helen Madden and Cassandra Madden respectively, and the said Mrs. Margaret Grace Madden and Samuel Madden for and on behalf of the Child or Children under Age of the said Mrs. Margaret Grace Madden or Samuel Madden for whom she or he is or are jointly or severally Guardian or Guardians, have appeared before them the said Mr. Baron M'Clelland and Mr. Justice Burton, and consented to the same; and that the said Mr. Baron M'Clelland and Mr. Justice Burton do sign the said printed Copy of the said Bill.

Cathcart v. Sir J.A. Cathcart & Ritchie.

The House being informed, "That Sir John Andrew Cathcart Baronet, and Henry Ritchie Esquire, Respondents to the Appeal of John Cathcart Esquire, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit of William Reith of the City of Edinburgh, Writer, of the due Service of the said Order, being read;

Ordered, That the said Respondents do put in their Answer to the said Appeal peremptorily in a Week.

Macalister v. Macalister et al. Petition to revive on Part of the Appellant, referred to Appeal Com ee.

Upon reading the Petition of Keith Macalister of Barr, Esquire; setting forth, "That the Appeal presented on the 12th Day of February 1828 by Colonel Matthew Macalister, the Petitioner's Father, now deceased, against Angus Macalister, and others, complaining of certain Interlocutors of the Court of Session in Scotland, and the Proceedings had upon the said Appeal in the Petitioner's Father's Lifetime, are by his Death abated: That the Petitioner has lately been decerned Executor Dative qua nearest in Kin to the said deceased Matthew Macalister, his Father, conform to Decree Dative granted by the Commissary Depute of the Commissariot of Argyle, dated the 25th Day of March last; and the Petitioner is desirous to become a Party to the said Appeal, and that the said Appeal should be revived in his Name;" and therefore praying, "That their Lordships will be pleased to order that the said Appeal may stand revived in the Petitioner's Name, as in Place and Stead of the said Matthew Macalister, his Father, in respect of this Cause; and that the Petitioner may have the same Benefit of the said Appeal as his said Father might have had if in Life:"

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.

Gardiner v. Simmons.

The House being moved, "That a Day may be appointed for hearing the Cause wherein William Spells Gardiner is Appellant, and Stephen Simmons is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.

Macintvre et al. v. Macdonald & Lawson.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Christian Macintyre, and others, are Appellants, and Colonel Macdonald and John Lawson are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.

Russell et al. v. E. of Breadalbane.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Claud Russell Esquire, and others, are Appellants, and John Earl of Breadalbane is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.

Fee Fund, Report from Com ee on:

The Earl of Shaftesbury reported from the Lords Committees appointed to examine the Certificate of the Amount of the General Fee Fund of The House of Lords, and of the Payments thereout; and the Account of the further Proceedings had in Execution of the Measures recommended in the Reports of the Lords Committees upon the Office of Clerk of the Parliaments in Session 1824, in Continuation of the former Account laid before the House in the last Session of Parliament; and to report to the House; "That the Committee had met, and had examined the Certificate of the Amount of the General Fee Fund of The House of Lords, and of the Payments thereout; and had conferred with the Clerk Assistant thereon, and had come to the following Resolution; viz^t.

"Resolved, That as the estimated Receipts of the present Session to be paid into the Fund will be inadequate to the Liquidation of the Demands upon the same, and as it is impossible at present to ascertain with Accuracy what the Deficiency will amount to, the Committee are of Opinion, that an humble Address should be presented to His Majesty, to request that His Majesty will be graciously pleased to give Directions that a Sum not exceeding Four thousand Pounds should be paid to the Clerk Assistant of The House of Lords, to be placed to the Account of the said Fee Fund at the Bank of England, as a Provision for supplying the Deficiency of such Fund."

Which Report, being read by the Clerk, was agreed to by the House.

Address thereupon.

Ordered, That an humble Address be presented to His Majesty, to request that His Majesty will be graciously pleased to give Directions that a Sum not exceeding Four thousand Pounds be paid to the Clerk Assistant of The House of Lords, to be placed to the Account of the Fee Fund at the Bank of England, as a Provision for supplying the Deficiency of such Fund.

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Ld. Mount Sandford's et al. Petition to receive Judges Report:

Upon reading the Petition of William Gillmore Bolton of Austin Friars, in the City of London, Gentleman, the Solicitor and Agent of The Right Honorable George Lord Mount Sandford, and others; praying, "That their Lordships will, under the Circumstances in the said Petition mentioned, be pleased to suspend their Order limiting the Period for receiving any Report from the Judges upon Petitions presented to their Lordships for Private Bills after Wednesday the 21st Day of April instant; and that their Lordships will be pleased to receive the Report of the Judges to whom the Petition of the said George Lord Mount Sandford and others, for a Private Bill was referred:"

It is Ordered, That the said Report be now received.

Ld. Mount Sandford et al. Leave for a Bill:

Accordingly, After reading and considering the Report of the Judges, to whom was referred the Petition of George Lord Mount Sandford, and others; praying Leave to bring in a Private Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable the Devisees under the last Will and Testament of The Right Honorable Henry Lord Mount Sandford deceased, to make Leases of the Lands, Tenements and Hereditaments lately in the Possession of the said Henry Lord Mount Sandford, and devised by his said Will; and also to enable the said Devisees to execute a Conveyance to The Lord Bishop of Elphin of a certain Piece of Ground situate in the Parish of Kilkevan and County of Roscommon, wherein the Church of Kilkevan has been lately erected."

East Retford Election Bill, Witnesses discharged from further Attendance.

Ordered, That William Baker, Samuel Hindley, George Palfreeman, Thomas Appleby, Samuel Buxton and William Hodson, be discharged from further Attendance on this House on 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."

Wallis'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 Thomas Wallis Esquire with Charlotte Augusta Amelia 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.

Penryn & East Retford Election Bills, Account of Expences on, Ordered.

Ordered, That there be laid before this House, "An Account of all Sums of Money paid by the Treasury on account of the Enquiry entered into by both Houses of Parliament with regard to the Borough of Penryn:"

And also, "A similar Account with regard to the Borough of East Retford, up to the present Time."

Copy of Minute of Governor General of India, Ordered.

Ordered, That there be laid before this House, "Copy of a Minute of The Governor General of India, dated 30th October 1829, on the Financial Sketch Estimates for the Year 1829-30."

Berkeley Peerage Com ee put off.

Ordered, That the Sitting of the Committee for Privileges to whom the Petition of William Fitzhardinge Berkeley to His Majesty, praying, "That His Majesty will be pleased to direct that a Writ of Summons to attend in Parliament be addressed to the Petitioner, by the Style, Title and Dignity of Baron Berkeley of Berkeley," together with His Majesty's Reference thereof to this House, and the Report of The Attorney General thereunto annexed, is referred, which stands appointed for Wednesday the 5th of May next, be put off to Wednesday the 12th of May next; and that Notice thereof be given to His Majesty's Attorney General.

Annandale Peerage, Com ee to meet on 7th May.

It was moved, "That the Order made on Thursday the 8th of this instant April, "That 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, do meet to consider further of the said Claim on Wednesday the 12th of May next, and that Notice thereof be given to His Majesty's Attorney General, and The Lord Advocate for Scotland," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Ordered, That the Committee for Privileges do meet to consider further of the said Claim on Friday the 7th of May next; and that Notice thereof be given to His Majesty's Attorney General, and The Lord Advocate for Scotland.

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House on Tuesday the 25th of May next.

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 Richard Hannam was again called in, and further examined as follows:

(Mr. Law.) "You stated, on your former Examination, that you received Letters with reference to the Election, and some of them between the Election in 1812 and the Payment in 1814?"

"I did."

"Did you deliver in those several Letters upon your Examination in the House of Commons?"

"I did."

"Will you be good enough to refer to those Letters, and say whether they are the same?"

"The Witness referred to the same; and answered, The first is dated in July 1814."

"With the Exception of that, the Letters were not received by you within those Periods?"

"No."

"Were all the others now lying before you received by you with reference to the Election?"

"They were."

"You stated upon your former Examination, that when you made Payment to certain Persons of various Sums of Money in advance, you took Receipts and Notes; will you produce them?"

"These are the Receipts and Notes to which I spoke."

The same were delivered in.

"Did you receive them at the Time of the several Payments?"

"At the same Moment after I paid the Money to them."

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

"I do; he is the Constable of the Town."

"Is that Person one of those who were paid in your Presence in the Month of October 1814?"

"In the latter End of the Year 1814."

"At the Time to which you have already spoken?"

"Yes; I stated in October, but I am not certain whether it was in the Month of October."

"You refer to the Election you have spoken to?"

"Yes; he is the second named in the List."

"In the List spoken to by you the other Day, with a few Exceptions, the Names are scored under?"

"All those that were paid were scored under."

"You mean to say that the few that appear not to be scored under were not paid?"

"They were not paid."

"Have you had any Conversation with William Leadbeater with reference to the Payment made to him in the latter Part of the Year 1814?"

"He came into my Office about a Fortnight or Three Weeks before I was summoned up to the House of Commons. I heard he was going up to the House of Commons; and I said, "Leadbeater, I hear you are going to London upon this Business." He said, "Me, Sir!" I said, "You seem very strange about it; but I will convince you in a Moment you were paid in my Presence. I requested Mr. Newton, who was my Clerk at the Time, to give me the List down; and I said to him, If I find your Name here, you were paid. I said, "Here is William Leadbeater." He said, "Oh yes, yes." I said, "Do not you go to Town and be ridiculous." He said then, "Oh yes, yes; it is so;" and went away. I shewed him the Words, William Leadbeater, £21."

"Can you state to their Lordships the Reason why the Payment was not made earlier than the latter End of 1814?"

There was an Action or two, but at all events one, depending against Mr. Osbaldeston, for Bribery; that was the Motive for its being so long procrastinated."

Cross-examined by Mr. Adam.

"You were understood to say, on a former Occasion, that all the Persons, except a Person of the Name of Hartshorne, had been paid?"

"All that were scored under were, Mr. Hartshorne was not paid at the Time; but a Day or Two after the Payments were made, his Son came to my Office, and said his Father had sent him to receive the Election Money. I said, "Your Father does not appear to have taken it before." But I gave it him. I met him a Day or Two afterwards, and said his Son had called upon me for it; and he said, yes, he desired him."

"Did you not tell their Lordships that all had taken it without Exception, except Hartshorne?"

"I think I said, all that were scored under."

"Is your Memory so short that you do not know whether, in the Course of this Week, you told their Lordships all that had been scored under, or all except One, had taken it?"

"I believe I said all that had been scored under, but I do not believe I had more."

"You cannot tell whether you had?"

"It is so marked, that all that were scored under were paid."

"What did you say in the Course of this Week?"

"I said that all that were scored under were paid."

"And you did not say that all in the List were paid except Hartshorne?"

"Not to my Knowledge. I think I could not say so."

"You mean to say, could not say so with Truth?"

"I merely say all that were scored under were paid in my Presence. I think I said the same then as I do now."

"You will not say so positively?"

"Not since you come to charge me with saying otherwise."

"I do not charge you with any thing."

"I think I said, all that were scored under were paid."

"You did say that all that were scored under were paid, and you did not say that all in the List except Hartshorne were paid?"

"I could not say that all in the List whose Names were scored under were paid."

"Did you, on a former Occasion, when examined before this House, state that all the Names in the List received the Money except One; or did you state that all that were scored under received the Money?"

"All that were scored under."

"And you did not say that all but Hartshorne received it?"

"I did not, to the best of my Knowledge."

"You have been talking about some Receipts; whatever those Papers were, how came you to retain them?"

"I kept them 'till the Election Money was paid; and when the Freemen came to receive their Money, those that had had some few Pounds of me had it deducted from the Amount of the £21, and Mr. Pickup paid them only the Balance; and those Receipts were all cancelled; and they were among my Papers."

"What Business had you to retain those Receipts; did you keep them after the Money was paid?"

"They were of no Benefit to me; they are all cancelled."

"You did not think of giving them to Mr. Pickup, who found the Money?"

"Mr. Pickup did not want them."

"And you did not think of giving them up to the Persons to whom you lent the Money?"

"No."

"But you kept them?"

"Yes; and there they are."

"Did you recollect, from the Year 1813 up to the present Time, that you had those Receipts?"

"I knew I had all Papers. When the Question came about the Election, I said, "There was Money paid in my Presence; and I dare say I shall find, among the Papers in my Office, the Receipts;" and I did find them, in a Bundle."

"Was Mr. Newton a Clerk?"

"Yes, he was, until a few Days ago, when he was out of his Time. He was articled to my Son. It is the same thing."

"There is no Difference between you and your Son?"

"No."

"How long had Newton been in your Service?"

"He has been now, I think, about Five Years and a Quarter. He was articled about Two or Three Months after he came into my Office, and his Time has just expired."

"Where were those Receipts and Papers kept; in the Office, locked up?"

"No; they were put into a Book-case, tied altogether in a little Bundle."

"Were they docketed at all?"

"They were put up with an Account of the Expenditure at the Houses, and marked in the Front of the Book."

"Mr. Newton knew all about it, I suppose?"

"I do not think he did; he was not with me at the Time."

"He was not with you in the Year 1813?"

"No, he was not."

"But they lay in this Book-case in the Office?"

"He might have seen them; but I do not believe he did. They were Papers of no Consequence, nor such that I anticipated being referred to."

"Were they docketed?"

"No."

"Was there any thing written on the Back?"

"Expences of Election."

"In good large Text?"

"On the Brown Paper."

"Where was this Writing about the Expences?"

"Outside."

"That any body could see when he came into the Office?"

"No; they were covered with other Papers, I dare say."

"What were they docketed for?"

"They were marked so that I might find them if I wanted them."

"Do you think Mr. Newton could have seen what was written upon this Paper?"

"I do not believe he did."

"Why do you not believe he did?"

"Because they were not Papers he would search for."

"Could not any Person see them?"

"They were covered up among other Papers."

"Did you know where they lay?"

"No; I searched for them."

"Did you know where they lay, so as to say they were covered up with other Papers, so that Mr. Newton could not find them?"

"I mean to say they could not be seen unless the Papers were removed."

"You knew where they lay; you mean to say that you knew where they were; so concealed with other Papers that they could not be found?"

"They were not to be seen."

"Why did you put upon the Papers what they were, if you afterwards covered them up so that they could not be found?"

"I did not mark them myself; I do not know who marked them. They were marked, "Expences, Retford Election."

"Why did you mark them, if they were afterwards to be covered up?"

"I did not mark that Book."

"Was that Book-case open?"

"It was not in the Book-case; it was amongst Papers; not a locked-up Case; the bottom Part, which had a Variety of Papers lying there."

"Among that Variety of Papers, were there Papers belonging to other Persons?"

"Yes."

"Papers you had Occasion to refer to in the Course of your Business?"

"No; I think they were all what I should consider waste Paper."

"Had you never Occasion to refer to the Papers in different Causes?"

"Not from that Time; I had no Causes depending, if you speak of Forty or Fifty Years ago. I have referred to former Papers."

"Were there no Papers in the same Book-case where this was which you had Occasion to refer to in the course of your current Business?"

"I do not recollect that there were."

"Had Mr. Newton ever Occasion to search through those Papers to see what was there?"

"Not to my Knowledge."

"Supposing a Paper had been called for that you could not lay your Hand upon, would not the old Papers have been searched?"

"Most probably."

"Would not Mr. Newton have to search for them?"

"Most probably I should have to search for them myself."

"When did his Clerkship expire?"

"I believe only a few Days ago."

"When was Mr. Newton admitted?"

"I do not know whether he is now admitted."

"What is your Belief about that?"

"I think the Time would not expire 'till about the Twenty-eighth; but Mr. Newton is here."

"What is your Belief? Do you believe that Mr. Newton is an admitted Attorney?"

"I think he can scarcely have got upon the Roll."

"What has he done since he left you?"

"He has come up upon this Business; as well as that he had other Matters to attend to. I said, "Newton, I have other Matters to attend to. Will you take up the Papers as to the Trial at the last Nottingham Assizes; the getting a New Trial?"

"What Papers were there to come up?"

"The Papers in the Cause. He took none of these Papers; I brought them up myself."

"Had Mr. Newton any thing to do with this Enquiry?"

"Not until he was summoned before the House of Commons."

"Had he nothing to do with the Preparation for the Enquiry before the House of Commons?"

"Not to my Knowledge."

"Who had?"

"Not any of the Gentlemen who were concerned; nobody in my Office, nor on my Account."

"Has Newton been living in the Town of Retford 'till he came up here?"

"Yes; to the Time he came to Town."

"Have you seen him of late?"

"Not every Hour in the Day."

"Has he not taken a very active Part in the Committee?"

"I have heard there is a Committee; but it is only a Committee to laugh at them; to laugh at the Freemen."

"For what other Purpose was the Committee formed, except to laugh at the Freemen?"

"I do not know. He may tell you himself."

"We have heard of several Phrases. What does this mean,-"laughing at the Freemen?"

"I do not know; they were afraid of losing their Freedom."

"Does laughing at the Freemen mean disfranchising the Freemen?"

"I dare say they believe so: they hope so."

"Do you believe it was established for the Purpose of disfranchising the Freemen of East Retford?"

"I do not know."

"Are you a Member of it?"

"No; I am a Member of no Club. I do not associate with the Freemen."

"What do you know about this Committee?"

"I know nothing of it; what they do I do not know."

"How do you know it was established to laugh at the Freemen?"

"It is so called; it is to hoax the Freemen; that is the common Expression."

"Among whom is it a common Expression?"

"I have heard Mr. Newton, and I have heard Mr. Fisher, and others, who are very desirous the Borough should be disfranchised."

"What is Mr. Fisher?"

"He is a Grocer."

"Is he a Client of yours?"

"Yes, he is, occasionally."

"Besides Mr. Fisher, who are there?"

"I really cannot tell you."

"Whereabouts does Mr. Fisher live?"

"The Corner of Carron Gate, near my House."

"Who is his Landlord?"

"I think it is his own Freehold."

"Tell me any One besides Mr. Fisher?"

"I think there is hardly a Person in the Town, any Man of Credit, who would not wish the Borough to be altered."

"Tell me any One; you will have the less Difficulty out of this Multitude."

"I have heard of many."

"Who is the Chairman or President of this Committee?"

"I do not know, for I never enquired about it until there was a Meeting. They meet every now and then."

"How came you to be called as a Witness; did you proffer your Services?"

"By no means."

"How were you called?"

"I was summoned by Mr. Gregson; Whitton and Gregson. Mr. Gregson came into the Country, and I went over to Barnby Moor to meet him-a respectable Man."

"Who told you Mr. Gregson was coming to Barnby Moor?"

"Mr. Lee sent me Word that he was coming, and I went over to Barnby Moor. It is about Three Miles, I think."

"Did you know he was coming on the Business of the Borough?"

"Yes; but I did not know what Extent he was going."

"When did you mention this to Mr. Lee?"

"I cannot tell you; I dare say a Month or Two before."

"How came you to tell Mr. Lee?"

"In talking about it."

"How came you to talk about it?"

"Mr. Lee and I talked about it."

"How did the Conversation arise?"

"In consequence of this Bill of Sir Henry Wright Wilson having been presented."

"What Bill is that?"

"Against the Return."

"Do you mean the Petition?"

"Yes."

"Was it so long ago as the Year 1827?"

"It was just about that Time."

"Do you mean to say that you went over to Barnby Moor in consequence of a Conversation with Mr. Lee, which took place shortly after the Presentation of the Petition in 1827?"

"In consequence of a Note I received from Mr.Gregson, requesting me to come over to him."

"You told me you went in consequence of a Note from Mr. Gregson, and that in consequence of a Conversation with Mr. Lee; now you tell me that your Conversation with Mr. Lee was shortly after Sir Henry Wilson's Petition was presented in 1827?"

"I think it was."

"Do you mean that the Conversation with Mr. Lee took place in 1827?"

"I cannot say the Year."

"You have no Doubt it was immediately after the Presentation of the Petition?"

"Yes, soon after."

"Before the Trial of the Petition, at all Events?"

"Yes."

"When did you go to Barnby Moor?"

"I cannot tell you."

"Was it in 1830?"

"No."

"When was it?"

"Just before the Petition came on."

"Who is Mr. Gregson?"

"He was a Partner in the House of Whitton and Gregson, of King's Road."

"Was he the Agent of Sir Henry Wilson?"

"I believe he was."

"Was it with reference to that Petition you went over to him?"

"I believe so."

"How did you come to go over in consequence of this Enquiry?"

"I say it was previous to the Enquiry in the House of Commons. I have never stirred in it since the Matter came before this House."

"There was an Enquiry in the Year 1828 in the House of Commons; was it previous to that Enquiry in March 1828?"

"I dare say it was; it must have been then; but it was not in consequence of the Enquiry here."

"Who was it that brought you here upon this Occasion?"

"A Summons from this House. I was summoned by Mr. Butt."

"You have said, that as to this Money of Mr. Osbaldeston, the Order for that had come from Coutts's; how do you know that?"

"By a Letter from Mrs. Osbaldeston."

"Have you got that Letter?"

"Yes. I got the Money from the Bank at Retford, with whom they keep Cash at Coutts's House."

"You say you know that they keep Cash at Coutts's House; how do you know that?"

"Because I have had Drafts and Orders, and different Things."

"You got the Money at the Bank at Retford?"

"I did."

"Who were the Firm in the Retford House at that Time?"

"Cook, Yarborough and Company; Childers, I think; I cannot tell you exactly. It is called Cook and Yarborough."

"Was Mr. Foljambe a Partner then?"

"I do not know that he was; I do not know when he came in as a Partner; he is now a Partner."

Re-examined by Mr. Law.

"Was your Attention called in the House of Commons to the Fact of the greater Part of their Names being scored under?"

"Yes; the same Observation was made then."

"Did you give the same Explanation you have given To-night?"

"Yes; and I shewed them how it was."

Examined by the Lords.

"Did you ever say to any One, at any Time, that you hoped or wished the Borough should be disfranchised?"

"No; but I have said that I hoped it would be extended. I do not consider the present a Measure to disfranchise the Town, but an Extension of it."

"Then of course you have wished it should be thrown into the Hundred?"

"I have."

"Did you ever say that you could give Evidence of the Corruption of that Borough?"

"Yes; if you call this giving Evidence of the Corruption of the Borough."

"Did you ever say so?"

"Yes; I have so said."

"Have the goodness to recollect. Had you ever any Reason, in consequence of the Accounts that were settled or unsettled between you and Mr. Osbaldeston and Mrs. Osbaldeston, for forming this Opinion as to the Propriety of disfranchising the Borough?"

"I have never had any Settlement of the Account; but when I heard it was going to be tried to disfranchise it, I was glad to hear it; I thought it would be an Improvement of the Borough."

"Are there Accounts between you and Mrs. Osbaldeston?"

"Yes, there have been; but Mrs. Osbaldeston died some few Years ago, and there was a Balance, but I never applied for it."

"Have you never made any Application to the Heirs and Assigns for it?"

"No, never."

"You never have had an Expectation of being paid?"

"I have never troubled myself about it; nor intended to ask for it."

"Did you ever make a Charge, in this Account, for your own Agency?"

"No; except there was an Action of Bribery depending, and I received Orders from Messieurs Whitton and Gregson to give the Witnesses a Pound with the Subponas; and that I agreed to do. I charged that to Mr. Osbaldeston's Account. Sixty-five Pounds odd Shillings."

"No other Charge you have ever made?"

"No."

"Nor expressed any Desire to be paid?"

"No. When I heard Mrs. Osbaldeston was dead, I lost Sight of it. If I had seen her, I dare say I should have received it; but I have never applied for it, and never thought of applying for it."

"In the course of these Transactions which you have described, respecting the purchasing of Votes, did it ever occur to you that you were guilty of any improper or immoral Act?"

"It did not. I did not purchase Votes. I paid those who had voted, but did not purchase them; nor did I bargain for the Votes, nor make an improper Contract with any Freeman. I never purchased, nor attempted to purchase."

"Did you know that if they voted for Mr. Osbaldeston you would pay them Twenty Guineas?"

"Yes, I did know they would get it; that was usually done to them; and that Knowledge I got from Mr. Dickenson and Colonel Kirke, who told me he was a Man who would do what was right."

"What did you understand by the Word "right?"

"Paying the Forty Guineas."

"That is the general Rule of East Retford?"

"Yes; as well known as any thing can be; there is no Question about that; that he would do what was right."

The Witness was directed to withdraw.

Then Robert Whitmore was called in; and having been sworn, was examined as follows:

(Mr. Price.) "In the Year 1813, were you Solicitor to Mr. Osbaldeston?"

"I was so."

"Was any Process served upon you in that Year as his Solicitor?"

"Process was put into my Hands by Mrs. Osbaldeston."

"Where is it?"

"This is it." (Producing a Paper.)

"Was an Action afterwards brought?"

"It was so."

"Is that the Declaration you hold in your Hand?"

"It is."

"Was the Action discontinued?"

"It was."

"What is the Declaration in your Hand?"

"The Declaration of Uz May against Mr. Osbaldeston."

"Was the Record ever made up?"

"No, it was not."

(By a Lord.) Did a Compromise take place?"

"No; the Action was discontinued."

"Was there a Judgment of Discontinuance?"

"I think not. There was an Order of Discontinuance. I had got a Notice of Trial. Then there was a Countermand of the Notice of Trial."

"What took place afterwards?"

"Then they served us with an Order for Discontinuance."

(Mr. Price.) Did you receive the Costs?"

"Yes, I did."

"What was the Date of the Writ?"

"The 11th of May 1813."

"What was the Date of the Declaration?"

"Easter Term 1813."

(By a Lord.) "Did you continue to be the Solicitor of Mr. Osbaldeston?"

"Yes."

"Did any further Proceedings take place to your Knowledge?"

"No; except that I received the Taxed Costs."

(Mr. Price.) "When?"

"On the 14th of May 1814."

"What was the Nature of the Action?"

"It was an Action for Penalties for Bribery."

"In respect of what Persons?"

"John Crooks, twice."

"Was it for Bribery in East Retford?"

"Yes."

The First Count was read as follows:

"Easter Term, in the Fifty-third Year of the Reign of King George the Third."

"Law and Markham."

"Nottinghamshire to wit. Uz May complains of George Osbaldeston Esquire, having Privilege of Parliament, of a Plea that he render to the said Uz May the Sum of Fourteen thousand Pounds of lawful Money of Great Britain, which he owes to and unjustly detains from him; for that whereas the Borough of East Retford, in the County of Nottingham, is an ancient Borough, and for a long Space of Time Two Burgesses have been elected and sent, and have been used and accustomed to be elected and sent, and of right ought to be elected and sent, to serve as Burgesses for the said Borough in the Parliament of Great Britain, before the Union of Great Britain and Ireland, and since the said Union, in the Parliament of the United Kingdom of Great Britain and Ireland; to wit, at the Borough of East Retford aforesaid: And the said Uz May further says that, before and at the Time of the committing of the several Offences herein-after mentioned, an Election being then shortly about to be had and made for Two Burgesses to serve as Burgesses for the said Borough in the then next Parliament of the said United Kingdom of Great Britain and Ireland, the said George Osbaldeston and Charles Marsh Esquire were Candidates, that they might be elected, chosen and returned to serve as Burgesses of and for the said Borough of East Retford in the Parliament aforesaid; to wit, at the Borough of East Retford aforesaid; yet the said George, well knowing the Premises, but not regarding the Statute in such Case made and provided, nor fearing the Penalties therein contained, before the said Election of Two Burgesses to serve as Burgesses for the said Borough in the Parliament aforesaid, to wit, on the First Day of October in the Year of our Lord One thousand eight hundred and twelve, at the Borough of East Retford aforesaid, did, by one Thomas Hinton Burley Oldfield, who was then and there employed by the said George in that Behalf, unlawfully corrupt one John Crooks, who then and there claimed to have a Right to vote in that Election, to give his Vote in that Election for the said George, by then and there unlawfully and corruptly giving to the said John Crooks, by the said Thomas Hinton Burley being so employed by him the said George as aforesaid, a certain Gift or Reward, to wit, the Gift or Reward of a certain Promissory Note to a large Amount, to wit, to the Amount of Five Pounds, for him the said John Crooks to give his Vote in that Election for the said George Osbaldeston, contrary to the Form of the Statute in that Case made and provided; whereby, and by force of the said Statute, the said George forfeited for his said Offence the Sum of Five hundred Pounds; and thereby, and by force of the same Statute, an Action hath accrued to the said Uz to demand and have of and from the said George the said Sum of Five hundred Pounds so forfeited as aforesaid, Parcel of the said Sum of Fourteen thousand Pounds above demanded."

"How many Cases are there alledged?"

"There are Eight and twenty, I think; £500 Penalty on each."

(By a Lord.) "The Plaintiff did not proceed in the Action?"

"No, there was a Plea. He then gave us Notice of Trial for the Nottingham Assizes."

"That he countermanded, and paid Mr. Osbaldeston his Costs?"

"Yes."

Mr. Price stated, "That he put in this for the Purpose of shewing the Date when the Action was discontinued, Mr.Hannam having stated that the Payment of the Voters was postponed in consequence of the Action being depending."

(Mr. Alderson.) "When were the Costs paid?"

"On the 14th of May 1814. I received the Writ on the 14th of May 1813, and on that very Day Year they paid the Taxed Costs."

"It appeared that there were other Counts in the Declaration, charging Bribery in respect of John Crooks, Edward Brown, Edward Brown, Henry Baker, Robert Watmough the elder, Robert Watmough the younger, Joseph Raynor, Thomas Leak, Matthew Wass, William Wakefield, Thomas Buck, John Linegar, Isaac Dean, John Butler, John Banks the elder, John Banks the younger, John Buck, John Bower, John Benton, John Drake, Thomas Butler, Richard Cooling, Samuel Buxton, Isaac Goodlad, Thomas Willey, William Golland, William Mellars.

The Witness was directed to withdraw.

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

(Mr.Law.) "Is your Name William Elswell Carter?"

"It is."

"Were you in the Year 1812 Clerk to Mr. Hannam?"

"I was."

"Did you assist in canvassing the Voters in the Presence of Mr. Osbaldeston the Candidate?"

"I did."

"Was Mr. Kirke also present?"

"He was."

"In canvassing the Freemen, what Representation did you make to them in Mr. Osbaldeston's Presence?"

"Where there was a Hesitation given as to the Vote, I told them not to be afraid; that he was a good Man; and they need not be afraid. That was what I told them. That he was a Man of Fortune."

"That he was a Man of Fortune, and they need not be afraid?"

"Yes."

"After those Representations made to the Freemen, did any of them promise Mr. Osbaldeston their Votes?"

"I cannot answer to that Question individually. I cannot recollect that any Person offered a Vote."

"You say you were engaged in assisting in the Canvass?"

"I went partially with them on the Canvass. I was not with them altogether."

"Whenever you attended them on a Canvass, did you make similar Representations?"

"Always."

"Did you use the Expressions you have already made use of here upon the Occasion of the Canvass?"

"Yes."

"Upon all Occasions of the Canvass when you were present?"

"Yes; I said so when there was any Hesitation."

"How often were you out upon that Canvass?"

"About an Hour, or Half an Hour, at a Time."

"How many different Times?"

"I cannot answer that Question, it is so long ago."

"Here are Two Papers produced by Mr. Hannam to which the Name W. E. Carter appears as the subscribing Witness; is that your Handwriting?"

"Those are my Handwriting."

"Were those Promissory Notes given in your Presence?"

"They were."

"Were they delivered by the Party subscribing those Notes?"

"They were."

"By Robert Watmough and another Robert Watmough?"

"Yes, they were."

"At the Time those Promissory Notes were given, did you see any Money pass?"

"As far as my Recollection will enable me to say, Mr.Hannam gave a Five-pound Note to each Person."

Cross-examined by Mr. Alderson.

"Have you any Knowledge of the Transactions to which those Notes apply?"

"No, none."

"How long ago is it?"

"It was in the Year 1812 that the Election took place, and it was about a Year after."

"What is the Date of those Notes?"

"1813?"

"'Till you looked at them, had you any Recollection of them at all?"

"I recollected there was some Money passed, but if these Notes had not been produced I should have had no Recollection of the Amount."

"Whether the Money had passed, or whether it was a private Transaction between Mr.Hannam and those Individuals, you had no Knowledge whatever?"

"As to a private Transaction, it was clearly not."

"Have you any Recollection whether it related to one or any other Transaction?"

"No."

"Was Mr. Hannam the principal Agent of Mr.Osbaldeston?"

"Yes."

"Has there been any Dispute about Money between Mr. Osbaldeston and Mr.Hannam?"

"Not that I know of."

"Do not you know that an Imputation has been made at any Rate of a Debt being still due from Mr.Hannam to Mr. Osbaldeston"

"No."

"To the Amount of £1,500?"

"No."

"Nor any other Amount?"

"No."

"Did you know of the Accounts of the East Retford Election being kept in Mr. Hannam's Office; the Accounts of 1812?"

"I left Mr.Hannam shortly after the Election took place."

"When did you leave him?"

"I really cannot tell; but before any Money passed."

"Where did you go to?"

"I went to London."

"When did you come to London?"

"I came, I think, about a Year after the Election; nearly I think."

"You do not know of any Account relative to that Election being in possession of Mr. Hannam?"

"I know of no Account going through his Hands, or any thing of that kind."

"Did you know of any Papers relative to it being kept in Mr. Hannam's Book-case or Desk?"

"No."

"Do you know of a Book with an Indorsement upon it about the Election?"

"No."

"There was no Opposition in the Election, when Mr. Osbaldeston was elected?"

"No, not at the Time; One was expected; a Man came, but he went before the Canvass was finished."

"Who was that?"

"That was some Man under the Patronage of The Duke of Newcastle; but I do not recollect his Name."

"How long did that Gentleman remain?"

"Not more than Four or Five Hours, as I was informed."

"Did you canvass before or after that for Mr. Osbaldeston?"

"Before."

"Entirely before?"

"About Four or Five Hours; he came in the same Day or the Day after; Mr. Osbaldeston came in at Night, and commenced the Canvass the next Morning; and about Four Hours or Five Hours after the Canvass commenced this Candidate from the Duke came in and went away again."

"When did Mr. Kirke come in?"

"He came in with Mr. Osbaldeston."

"Had he canvassed before?"

"Yes, he had."

"Had you any thing to do with his Canvass?"

"Nothing."

"At the Time did you anticipate any severe Struggle?"

"I knew nothing about it when I came; I was at Lincoln."

"How long had you known Retford at that Time?"

"About Three or Four Years."

"Had you ever been present at an Election before?"

"Never."

"Had you ever been there at the Time there was an Election?"

"Never."

"Had you been there before Mr.Hannam; which was there first, you or Mr.Hannam?"

"I do not understand the Question."

"Who came to live at Retford first?"

"I was Clerk to Mr.Hannam; I came to him there."

"Are you sure you were there Three Years before the Election?"

"I think Three Years before the Election."

"Mr. Hannam has said that he did not come until Three Years before the Election?"

"That must be a Mistake."

"If you do not know the Facts, how can you speak to Conversations?"

"He must have been there longer than that."

"We are speaking to Conversations of 1812. Can you tell when you came to Retford yourself?"

"No; I cannot."

"Nor when you went away, exactly?"

"No."

"Nor how long you were there?"

"Do you mean from the Beginning? Five Years I was at Retford, from the Beginning to the End. I was there Five Years."

"If you went away in 1813, when did you return?"

"I returned again. I came up to London to be admitted into one of the Inns of Court."

"How long were you here?"

"About Six Months; then I went back to serve out my Time."

"When did you finally quit Retford?"

"I cannot answer that Question."

"Your Recollection ought to be very good according to your Statement?"

"I should think about 1814."

"What Inn of Court did you belong to?"

"The Middle Temple."

"What became of you after you left Mr. Hannam?"

"I am now an Attorney."

"Where?"

"At Lincoln."

"You practise there?"

"I do."

"How many Times in the course of the Canvass will you undertake to swear, now in the Year of our Lord 1830, that there was any Difficulty between the Voters and Mr. Osbaldeston?"

"I will not answer that."

"Will you swear there were Five People hesitated?"

"I cannot indeed speak to that."

"Will you swear there were Five?"

"No, I will not."

"Then you will not swear, that to Five Individuals that Expression, that Mr. Osbaldeston was a good Man, was used?"

"I cannot answer that Question. I think more a great deal than that, I made use of that Expression to."

"You made use of that, you say, only when a Person hesitated. Will you undertake to say there were Five People who hesitated; this having been Eighteen Years ago, will you put your Oath upon that?"

"I really cannot answer that Question."

"People are not to be disfranchised because you cannot answer Questions?"

"I will not say Five; I think more than Five."

"Will you swear to more than Five?"

"No; I will not swear to any specific Number."

"You will not swear there were any larger Number?"

"I will swear I made use of that Expression."

"I want to know whether you will undertake to swear that you made use of that to Five Persons?"

"No; I cannot answer that Question."

"Can you name One to whom you used it?"

"Yes; I made use of that Expression particularly, I recollect, to a Man of the Name of Savage."

"Is he dead?"

"He is."

"I thought so. Can you name any living one to whom you used it?"

"No, I cannot."

"Can you name any other dead Man?"

"No, I cannot.

Re-examined by Mr. Law.

"You stated that you mentioned that whenever any Person hesitated to give his Vote?"

"Yes; when I was with the People canvassing."

"Did you state it on those Occasions in an audible Voice, so that one standing by might hear you?"

"Oh yes."

"Did you state it in a Manner to invite the Attention of those around?"

"Yes."

"The Papers delivered in were read as follow:

"Retford, August 9th, 1813.

"I promise to pay to Mr. Richard Hannam, or Order, the Sum of Five Pounds, for Value received.

"Witness

"Robert Watmough."

"X his Mark.

"W.E. Carter."

"East Retford, 1st Oct. 1813."

"On Demand, I promise to pay to Mr. Richard Hannam, or Order, the Sum of Five Pounds, for Value received.

"Witness,

"Rob^t. Watmough."

"W. E. Carter."

Examined by the Lords.

"How long did you say you resided at East Retford?"

"Five Years."

"From whence did you come?"

"From Lincoln."

"Had you been in any Attorney's Office in Lincoln?"

"No."

"This was your first Entry into the Profession of the Law?"

"It was."

"Have you ever been engaged in Election Matters before?"

"No."

"Or since?"

"I was engaged in my Lord Yarborough's Election, in the Contest for the County of Lincoln, when he was Mr. Charles Pelham."

"Did you accompany him, or any of his Friends, on his Canvass?"

"I accompanied Mr. Pelham."

"You and the rest of the Canvassers used your best Endeavours to obtain the Return of Mr. Pelham?"

"We did."

"You found there, as in other Places, some Hesitation as to promising the Votes, occasionally?"

"Certainly."

"Did you use every Argument you could to induce a Promise?"

"Yes."

"You expatiated on the good Qualities of Mr. Pelham?"

"No doubt."

"His excellent Principles?"

"Yes."

"His large Stake in the County?"

"Yes."

"His being a Man of good Fortune?"

"Yes."

"You have told us of a Candidate coming in from the Duke; what Duke do you mean?"

"The Duke of Newcastle."

"Has The Duke of Newcastle any thing to do with the Borough of East Retford?"

"He had, I believe, a great deal of Interest there. I cannot answer further than that."

"You told us he came in under the Patronage of The Duke of Newcastle?"

"I used that Expression."

"Is he a large Proprietor in the Neighbourhood?"

"Very large indeed."

"In the Hundred of Bassetlaw?"

"I believe it is in the Hundred of Bassetlaw. Clanborough is about Eight Miles from the Hundred."

"That is called the Dakery?"

"Yes."

"That is within Seven Miles from East Retford?"

"About Seven or Eight Miles."

"You have been examined as to your Knowledge of the Transaction which took place between Mr. Hannam and Mr. Osbaldeston. You have said you are not aware of any yourself?"

"No."

"Had you never any Conversation with Mr. Hannam upon the Subject?"

"I may have had Conversation with him, but nothing serious, that I can remember."

"Joking?"

"Merely joking."

"What was his Joke?"

"I cannot answer that."

"Who did the Joke tell against; was it against him; or for him against Mrs. Osbaldeston?"

"Mrs. Osbaldeston. He was always in favor of her."

"He was always in favor of the Lady?"

"Yes; she was very liberal."

"Was there no Joke after her Death?"

"Not that I remember."

"He did not tell you he had had a good Thing of it?"

"No."

"You are sure of that?"

"Yes."

"Did he ever say to you, "Now, Carter, it will be a lucky Thing if you ever get such a good Thing at Lincoln?"

"No, never. I have had a much better Thing at Lincoln."

"Is Mr. Hannam practising still?"

"He is practising still."

"Were you ever applied to by any body to give Evidence in this Cause?"

"Never, before Sunday last."

"Who applied to you?"

"Mr. Heptinstall; he sent me a Letter down to Lincoln, to attend."

"The Solicitor for the Bill?"

"Yes."

"Was there any Mention made about Expences?"

"That my Expences would be allowed to me; for my Time and Expences."

"What Allowance do you expect for your Time?"

"We generally are allowed, I have been allowed, on Parliamentary Business, when I have come up, Three Guineas a Day."

"You will charge Three Guineas a Day from the Time you left Lincoln 'till you go back?"

"That is what has been allowed me."

"You will charge Three Guineas a Day?"

"Yes; that has been allowed me."

"Besides all the Expences of your Living?"

"A Guinea a Day for the Expences of my Living."

"Four Guineas a Day, in fact?"

"Yes."

The Counsel and Witness were directed to withdraw.

The Counsel and Witness were again called in.

"Do you know of any unsettled Accounts between Mr. Hannam and Mrs. Osbaldeston or Mr. Osbaldeston?"

"None."

"Have you and Mr. Hannam never talked upon the Subject of Accounts?"

"We might have talked of it before I left him, but not within the last Eight or Ten Years. I cannot serve my Recollection with it."

"Did you ever talk of any such settled Accounts before or since you left him?"

"I cannot recollect; not to my Recollection."

"Will you swear you never talked of an unsettled Account before you left him?"

"I cannot swear that."

"If there was any Conversation between you and Mr. Hannam, what was the Nature of that Conversation?"

"I cannot answer that Question at all; the Space of Time is so great since, that I cannot remember."

"Will you swear that Mr. Hannam never complained to you about his unsettled Accounts before you left him?"

"No, I will not. I remember that Mr. Hannam often mentioned the Accounts to me, but the Nature of them I cannot say exactly. I remember that he said he had not got all the Money that he ought to have had, but nothing more."

"Did you understand him then to mean this; that he had not got any Compensation made to him for the Money laid out by him?"

"That he had not sufficient Compensation for his Trouble."

"You understood that he was dissatisfied in not being sufficiently compensated for his Agency?"

"Yes; that is all I remember."

"Did you understand him to be angry upon that Subject; or did he express to you any angry Feeling upon the Subject?"

"None."

"Did he ever mention to you what it was that he expected?"

"Not that I can recollect."

"Will you swear that he never mentioned to you any Claim made upon him to refund Money by Mr. or Mrs. Osbaldeston?"

"No, I cannot swear that."

"Then you cannot swear that he never complained to you there were Claims made upon him by Mr. or Mrs. Osbaldeston?"

"No, I cannot."

"Have you any Recollection that he did make any such Complaint?"

"No."

"Were you at that Time his confidential Clerk?"

"No; I was his articled Clerk."

"Was not he in the habit of talking to you upon all this Business?"

"We used to talk, but not confidentially; only merely Conversation."

"Did he never state to you any Sums of Money that had passed through his Hands?"

"I cannot recollect that ever he did."

The Witness was directed to withdraw.

Then Henry Pickup was called in; and having been sworn, was examined as follows:

(Mr. Price.) "Where did you reside in the Year 1814?"

"In the Parish of Hutton Bushel."

"How far from East Retford?"

"I am sure I cannot say; it is about Five-and-thirty Miles the other Side of York."

"Were you in the Service of Mrs. Osbaldeston at that Time?"

"Yes."

"Was Mrs. Osbaldeston the Mother of the Member for East Retford?"

"Yes."

"Do you recollect, in the Month of October 1814, going to Retford?"

"Yes."

"For what Purpose?"

"I went to pay some Money there."

"From whom did you receive that Money?"

"I received it from Mrs.Osbaldeston; she gave me an Order upon the Retford Bank."

The Counsel and Witness were directed to withdraw.

The Witnesses who had been examined were directed to withdraw from the House, with the Exception of those who were Agents on either Side.

The Counsel and Witness were again called in.

(Mr. Price.) "Did you go to the Angel Inn at Retford?"

"Yes."

"Did you see a Person of the Name of Hannam there?"

"Yes."

"Were you acquainted with the Freemen of East Retford at the Time?"

"Not any of them."

"Did Mr. Hannam meet you at the Angel?"

"Yes."

"What passed at the Angel Inn when you and Mr. Hannam were present?"

"I do not recollect any thing passing but paying the Men."

"Did any Person except yourself come into the Room?"

"Yes, a great many of them."

"Who paid them?"

"I paid them?"

"What did Mr. Hannam do?"

"As I paid them he wrote upon the List the Sum that I paid them."

"Should you know that List again if you saw it?"

"I think I should."

"Look at that." (The List spoken to by Mr. Hannam.)

"Yes. I believe that is the List, to the best of my Recollection."

"Did Mr. Hannam know the Freemen?"

"Yes, I suppose he did."

"From what you observed, did he know the Freemen?"

"That I do not know."

"Did he appear to you to know the Freemen?"

"Yes, he appeared to know them as I paid them."

"For what Purpose did Mr. Hannam attend?"

"I do not know that."

"You say as you paid them he marked them down in a List?"

"He did."

"Did you make any Application to Mr. Hannam to attend that Day?"

"No, I did not."

"Did he point out the Freemen to you?"

"The Men came and told me their Names, and I had a List given to me of the Men I was to pay."

"Did you pay any Person except those that Mr. Hannam pointed out?"

"I paid according to the List that was given to me."

"By whom?"

"By Mrs. Osbaldeston."

"Did you pay any Person whom Mr. Hannam did not point out to you?"

"No."

"In this List the Sums are different; why did you pay some more, some less?"

"They had had Money before; at least they told me so."

"Was that said in the Presence of the Freemen?"

"Yes."

"Did they acknowledge it?"

"Yes; they acknowledged they had had Money before."

"To the best of your Recollection, this is the List Mr. Hannam produced?"

"It is."

"Did you observe him score under any of the Names?"

"No, I did not."

"Was a Person of the Name of Westby Leadbeater there?"

"I am sure I do not know."

"Do you know whether the Town Crier was there?"

"I do not know at all. I did not know any of them."

Cross-examined by Mr. Adam.

"Did you pay all the People that came in?"

"I paid all that came that I had a List of, that applied for it."

"Did any come that were not upon this List?"

"That I cannot say."

"Do you know how many were paid?"

"No, I do not; I know nearly the Sum that I did pay, but I do not know correctly."

"Did you see Mr. Hannam write down the Names at the Time the Money was paid?"

"Yes."

"Was that a Blank Sheet of Paper?"

"It was on a Sheet of Paper."

"There was nothing written upon it?"

"I believe not."

"Did you pay them all Twenty Guineas?"

"No; I paid some of them that had had Money before less."

"Did you pay any body else besides the People you called the Freemen?"

"I paid nobody but those of whom I had the List. I do not know whether they were Freemen or not; but I had a List of those I was to pay."

"You say you did not pay those the Twenty Guineas that had had a Part before?"

"Yes."

"A Part of what?"

"Part of Twenty Pounds."

"What you did was to pay them to make up the Twenty Pounds?"

"Those that had had Six Pounds or Ten Pounds I made up Twenty."

"You did not pay Mr. Hannam any thing?"

"No, I did not."

"Did you ever get any List of Names from Mr. Hannam?"

"No, I did not."

"What became of the List he wrote?"

"He took it away with him. I wrote a List myself from the List he wrote, and took away with me, which I gave to Mrs. Osbaldeston."

"What did you pay those People this Money for?"

"I really do not know; I was sent to pay them."

"Mrs. Osbaldeston sent you, and that is all you know about it?"

"That is all I know."

"How do you know that you paid all the People that came?"

"I knew that I paid all that came that I had a List of that enquired for it."

"Did any come that you did not pay?"

"That I really do not know."

"Were there any in your List that you did not pay?"

"I did not pay all that were there, because there were many that did not come."

"You never got any List from Mr. Hannam at all?"

"Not that I know of."

"Did you ever pay any one except at the Angel?"

"No."

"What became of the List that you paid from; you say you had a List?"

"I gave it to Mrs. Osbaldeston that very Night, I believe."

"Did you compare it with the List that Mr. Hannam made out?"

"No, I never did."

"Whether they contain the same Names you cannot tell?"

"No, I cannot at all."

"You paid according to the List you brought with you?"

"Yes."

"That List you have given up to Mrs. Osbaldeston, and you do not know that it at all corresponds with the List Mr. Hannam made?"

"No, I do not."

Examined by the Lords.

"How much Money did you pay away in the whole of that Day?"

"I should think from Nine hundred to a Thousand Pounds."

"Were they in Parcels of Twenty each?"

"No. I had the Money, in Bills and Notes, in my Pocket."

"As you paid the Money, did you compare your List with that of Mr. Hannam?"

"Mr. Hannam, as I paid the Men, wrote a List of the Men that I paid."

"Did you know that that corresponded with your List?"

"It corresponded with the Names."

"It corresponded with the Names in your List?"

"Yes, it did."

"What is your Occupation now?"

"I keep a Posting House at Yedingham Bridge."

"In what County is that?"

"It is Thirty Miles from Scarborough in Yorkshire."

"You were then Steward to Mrs. Osbaldeston, were you not?"

"I was."

"Were those Men paid separately?"

"They were."

"Had you ever seen any of them before?"

"Not that I know of; I did not know any of them."

"You did not know for what they were paid?"

"No; I had an Order to go and pay them according to the List I had; that is all I know about them."

"Did you know whether they were paid for Electioneering Purposes?"

"I supposed it was for that."

"You did not know you were not paying for Bills incurred for the Expences of the Election?"

"No; I did not know what it was for."

"You were not aware whether they were not Tradesmen who had Accounts for the Expences incurred at the Election?"

"I should think they were not."

"Were there any Ribbons given?"

"Nothing at all at that Time."

"No Ribbons were given at the Election?"

"I was not present at the Election."

"It was the first Time you had ever been at East Retford?"

"I was there the Evening after the Election was over."

"Had you any Conversation with any of those Persons?"

"No, none at all."

"Did Mr. Hannam call out the Names to you?"

"He might perhaps mention the Names as they came into the House, one after another; they came into the Angel Inn."

"Did he send you a List of Persons to whom you were to pay the Money?"

"No."

"That you swear?"

"Yes."

"If Mr. Hannam has sworn that, he has sworn that which is not true?"

"He has never sent any List to me. I have never had any other List from him."

"Did that List contain only the Names of Persons who were to receive Money, or the Sums you were to pay to each?"

"It was a List of Persons that I was to pay Money to; Twenty Pounds a Man."

"Was Twenty Pounds a Man put on your List?"

"That was my Order; it was not put on the List."

"You did not know those People?"

"Not one."

"How did you know whether they were those whose Names were on the List?"

"I did not know that. Mr. Hannam was in the Room, and answered to the Names as they came in."

"You paid them when Mr. Hannam told you they were the right Persons?"

"He told me they were the Men whose Names I had on the List."

"In point of fact, have you any Doubt that what you paid them was what was termed Election Money?"

"I have no Doubt. I expected it was for that."

"Did Mr. Hannam ever tell you that that Money was due to him?"

"No."

"He did not tell you that any Money was due from him to Mrs. Osbaldeston?"

"No; I never had any Talk with him upon the Subject."

"You talked of the List Mr. Hannam made out; did you see that List?"

"I saw him write it down as I paid the Men."

"Did you compare that List with your own afterwards?"

"After I had paid the Men, I wrote from the List the Number I paid."

"Did not you say you brought a written List of Names with you?"

"Yes; but there were more Names in that than I paid."

"In this List, which you say was the one that Mr. Hannam made out as paid, there is one Name with Forty-two Pounds; how was that? According to the Statement, and according to your Instructions, you were to pay Twenty Guineas?"

"I cannot recollect any thing about that."

"There is another one Forty-two Pounds. You say you had a List; can you tell how that was?"

"No; I am sure I cannot at present."

"There are a great many Tens and Elevens?"

"Those that had Ten then had had Ten before."

"As you cannot explain how this Sum of Forty-two Pounds came there, can you tell that this is the List Mr. Hannam made out at the Time you paid?"

"I am sure I cannot explain it."

"Are you certain that is the List?"

"That is the List that I paid them by."

"Then your Instructions were to pay Twenty Guineas apiece, and you paid no more than Twenty Guineas to any one, and yet there are Two Men receiving Fortytwo Pounds; can you then state that that was the List made out at the Time?"

"I do not recollect paying any Man Forty Guineas."

"Can you swear to its being the same List?"

"I cannot swear to it, I am sure."

"Can you swear to that List before you?"

"I do not know that I can swear to that exactly; it is so long since that I should have a Doubt of swearing to it."

"Did you take particular Notice of the List at the Time he made it out?"

"I took the List I had from it."

"You took a List with you?"

"Yes; but I took another."

"You copied it afterwards?"

"Yes. The List I had had more Names than I paid, a good many."

"Are you sure that all were paid that appeared in the List you copied from Mr. Hannam's?"

"Yes, I am sure they were all paid that were in that List."

"You do not remember the Names?"

"No, I do not recollect one of them; I had never seen one of them."

"Were there any Names scored under that Time?"

"I really do not know."

"You cannot swear that the List the Gentleman has shewn you is the same List?"

"I do not know that I can swear to it, it is so long since."

"Do you mean to swear you are certain you never paid one Man Forty-two Pounds?"

"I do not recollect that ever I did. I do not know why I should pay him Forty-two Pounds. My Orders were to pay them Twenty Guineas.

"If a Man had received Forty-two Pounds must not that have struck you at the Time?"

"I do not recollect any such Thing."

"Do you mean to say, there is not One Instance that you recollect of any Man having been paid more than Twenty Pounds?"

"I cannot recollect, indeed, at present. I took little Notice of it at the Time, and I left Mrs. Osbaldeston's Service very soon afterwards, and I thought no more about it."

"Were not you the Steward?"

"I was."

"The confidential Steward?"

"Only the Under Steward."

"The Money was intrusted to your Care?"

"Yes."

"Were not you responsible for the Sum you paid?"

"Yes, I was."

"Do you recollect that you paid no Man more than Twenty Pounds?"

"I am sure I cannot recollect that I paid any Man more than that."

"Was there any Difference made in the Payments to those who gave Plumpers or those who gave but single Votes?"

"I do not know, indeed."

"You cannot recollect any thing about it?"

"No, I cannot."

"Do you know Mr. Hannam's Handwriting?"

"I do not know that I do exactly. I never saw him from that Time, I think. I cannot swear to it."

"When you were first examined you thought that was the List?"

"I thought it was, but I am not certain; I cannot swear to it."

"How long after the Day of Election was it that you made those Payments?"

"Two Years after."

"You do recollect Mr. Hannam being in the Room when you paid the Money?"

"Yes; he was there all the Time."

"And that he wrote a List?"

"Yes; as I paid the Money."

"With which List you compared your own?"

"I copied mine from his, because my List had more Names; and the Copy I made I gave to Mrs. Osbaldeston, of the Money I paid."

"The one you gave to Mrs. Osbaldeston corresponded with that Mr. Hannam had?"

"I expected it should be the same."

"Did you pay any Person a Share for another Person that was absent?"

"No, not to my Recollection."

The Witness was directed to withdraw.

Then Stephen Hemsworth was called in; and having been sworn, was examined as follows:

(Mr. Law.) "Is your Name Stephen Hemsworth?"

"Yes."

"Are you a Burgess of East Retford?"

"Yes."

"When did you become so?"

"About Sixteen Years ago."

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

"Yes."

"Two Elections?"

"Yes."

"Both of those Gentlemen?"

"Yes."

"Do you recollect the Canvass for the last Election at Retford in 1826?"

"Yes."

"Did you see Sir Robert Dundas?"

"Yes."

"Do you know Mr. Foljambe?"

"Yes."

"Did you see Mr. Foljambe with Sir Robert?"

"Yes."

"Who introduced you to Sir Robert?"

"Mr. Foljambe."

"Was there any Expectation that any other Candidate would come at that Time?"

"Yes."

"Do you recollect what Mr. Foljambe said to you upon the Subject when he introduced Sir Robert Dundas?"

"Yes."

"State to their Lordships what Mr. Foljambe said on introducing you to Sir Robert Dundas, on the Subject of any other Person coming?"

"That he hoped I should give Sir Robert Dundas a Vote."

"What else did he say, in case you did not?"

"He said it should be as usual."

"What else did he say about any other Person coming?"

"Nothing; no more."

"What did you and the Voters understand when Mr. Foljambe said that it should be as usual?"

"I did not know particularly what he meant."

"What had been done with respect to yourself after the Elections of Mr. Evans and Mr. Crompton; on both those Occasions, did you receive any thing?"

"I did receive Packages; a little Package."

"What did the little Package contain?"

"I did not open it."

"When it was opened, what was found in it?"

"I do not know."

"Did you see any Money?"

"No."

"You have been examined upon your Oath by the Committee of the House of Commons?"

"My Mistress opened it."

"Your Mistress means your Wife?"

"Yes."

"After she had opened it, what did she produce to you; what did you see?"

"There was a Bill or Two in it, I believe."

"What sort of Bills?"

"I do not know."

"Were they Money Bills?"

"I do not know."

"Take care. You have been examined before, upon your Oath; and you have answered these Questions."

The Witness hesitated.

"Will you answer the Question? Upon your Oath, what did you receive after both those Elections; what Money; how much?"

"Forty Pounds."

"After each Election?"

"Yes."

"Your Recollection being improved, were they Pounds or Guineas?"

"I am sure I do not know now."

"Which do you believe; you being the Voter who received them?"

"Guineas."

"Did you know a Person of the Name of George Thornton at the last Election?"

"Yes."

"Did you see him at the Angel Inn in Retford?"

"Yes."

"Was there any drinking among the Freemen there?"

"Yes."

"What Colours had the Freemen there; were they Pinks or Purples?"

"Purples."

"How many Weeks before the Election did you see them collected there?"

"Three or Four Weeks."

"Did you see Thornton there upon those Occasions?"

"Yes."

"Who ordered the Refreshments?"

"Mr. Thornton."

"Who paid for them?"

"I did not see nobody pay for them."

"Did you see any body, except Mr. George Thornton, give the Orders?"

"No."

"After the Election had been begun, did you see the Freemen still at the Angel Inn?"

"Yes; they resorted there."

"Did you see Mr. George Thornton with them?"

"Never after that Time at the Angel."

"Not on the Two Days of the Election?"

"No."

"You heard no Directions given, except by Mr. Thornton, for the Refreshments?"

"No, I saw nobody give no Orders."

Cross-examined by Mr. Alderson.

"This was Beer you got, I suppose, at the Public House, when Mr. Thornton was there?"

"No; there was Liquor."

"What sort of Liquor?"

"Brandy and Rum. They were drinking a Glass of any thing what they choosed."

"When do you say this was?"

"A few Weeks before the Election."

"Is that an uncommon Thing? Was it what they meant, when they said they would do as usual, giving you Brandy?"

"It is a common Thing to have a little Refreshment."

"Did you take any particular Notice of the Expression, doing as usual?"

"No; I did not take any Notice of it."

"Who did you vote for, after all?"

"At the Election I did not vote for nobody."

"Whom were you going to vote for?"

"For Sir Henry Wright Wilson."

"Had Sir Henry Wright Wilson promised any thing about "doing as usual?"

"No."

"Notwithstanding Mr. Foljambe said this about "doing as usual," you intended to vote for Sir Henry Wright Wilson without any Reward or Expectation?"

"Yes."

"Did you ever have any Promise made before any other Election?"

"No."

"You say there were some Packages came that your Wife opened?"

"Yes."

"Do you know any thing of what they contained except what she told you?"

"No."

"Is she here?"

"No."

"The only Rumour you have heard is a Rumour of your Wife about the Contents of those Packages?"

"Yes."

"And she is alive and may be called?"

"Yes."

"Did you ever receive any Money yourself with your own Hand?"

"No."

"Upon no Occasion?"

"No."

"Have you ever received any Money on any Occasion in consequence of any Promise made to you before?"

"No."

"Had you any Expectation of any Money being paid to you at the Time you voted?"

"No."

"Had that been the Case upon all the Elections, as far as you know?"

"Yes."

"Have you ever heard any Mention of "Joss," or any thing of that kind, talked of in the Borough?"

"No."

"Was it at all notorious in the Borough, that there was any Expression of "doing as usual," or "losing the Election," or "Joss," or any thing of this kind?"

"No; there was very little amongst them."

"Have you ever known any contested Election in the Borough where there was a Polling before this of Sir Henry Wilson? What was the Election before Sir Henry Wilson's; Mr. Evans and Mr. Crompton's, was not it?"

"Yes."

"Was there any Opposition?"

"No."

"The Election before that was Mr. Evans and Mr. Crompton's?"

"Yes."

"Was there any Opposition then?"

"No."

"Who were the Candidates before that?"

"Mr. Marsh and Mr. Osbaldeston."

"Was there any other Candidate came to the Poll?"

"No."

"Is that all you recollect?"

"Yes."

"Then you never recollect any contested Election?"

"No."

"Was there any thing said then, in going about and asking for the Votes, by the Two Persons who came in without Opposition, that you remember?"

"No."

"You do not remember Sir John Ingleby's Contest, when he failed?"

"No, I do not."

"That was the last contested Election?"

"I believe it was."

"How long have you known the Borough?"

"Seven or Eight-and-twenty Years."

"During all that Time you have had no contested Election?"

"No."

"Have you had any Reason for Promises, or any thing of that kind, during all the Time you have known it?"

"No."

"Have any of the Voters had Places given them after any of the Elections?"

"No, not that I know."

"Not being made Exciseman, or any thing of that kind?"

"No."

Re-examined by Mr. Law.

"You have been talking of the Rumour of your Wife. Was the Rumour of your Wife that you alluded to, the Money Bills-seeing the Bills?"

"I never saw them before."

"Did you see them then?"

"Yes."

"In addition to the Rumour from your Wife, you saw the Money-the Bills you have mentioned?"

"Yes."

"What is your Wife's Christian Name?"

"Ann."

"Has she any second Christian Name?"

"No."

"Her Name is Ann Hemsworth?"

"Yes."

"Is she at Retford?"

"She is at Oitsell."

"Where is that?"

"A Mile from Retford. We live there now."

"You have been asked whether there was any Occasion for Promises. Did you promise Mr. Evans when he canvassed you?"

"Yes."

"Did you promise Mr. Crompton?"

"Yes."

"Having promised both those Gentlemen, you saw the Bills afterwards?"

"Yes."

Examined by the Lords.

"Were you examined before the House of Commons?"

"No."

"Were you examined before the Committee of the House of Commons?"

"Yes."

"Were you examined upon Oath there?"

"No, I think not."

"Were you sworn?"

"No."

"Do you mean to say you were not sworn, before you gave your Evidence before the Committee of the House of Commons?"

"I was not sworn."

"Do you mean to say no Oath was administered to you?"

"I am sure I cannot tell."

"Do you mean to say that no Oath was administered to you on that Occasion when you gave Evidence before the Committee of the House of Commons?"

"Yes, there was."

"Is it true then that you were sworn?"

"I am sure I cannot say."

"If you do not answer the Questions certain Consequences may befall you which you will not like; there will be a Motion made that you shall be sent somewhere that you will not like?"

"Yes, I was."

"Did you speak the Truth before the Select Committee of the House of Commons?"

"Yes."

"Do you recollect what you said there?"

"Yes, nearly, I think."

"Did you say there that you had received Forty Guineas at the Two Elections before the last?"

"Yes."

"Did you receive it yourself?"

"No."

"How did you receive it then?"

"My Mistress received it."

"And you knew that she did receive the Forty Guineas?"

"Yes."

"What is understood at East Retford by the Term of "losing your Election?"

"The Loss of Forty Guineas."

"What did Mr. Foljambe say to you when he asked you to vote for Sir Robert Dundas?"

"We had a little Conversation, and he said, "It shall be as usual, Stephen."

"Did he say nothing else?"

"No; I was in a Hurry; he met me in the Street."

"Do you mean to say, he did not say to you, "You will lose your Election, if you do not promise?"

The Witness hesitated.

"Answer that Question?"

"Yes, he did."

"Did Sir Robert, or Mr. Foljambe in his Presence, say nothing else?"

"No."

"Did not he say there would be nobody else come?"

"Yes."

"You said just now that you had received Bills?"

"Yes."

"What did you mean by those Bills?"

"They are Bills of Money."

"What do you mean by Bills of Money; do you mean Bank Bills?"

"Yes."

"Did you receive likewise Guineas?"

"No; there were Two Twenty-one Pound Notes."

"Are you to be understood that you received the Money in Gold, or in Paper?"

"In Paper."

"So that you did not receive Guineas?"

"No."

The Witness was directed to withdraw.

Then John Goodlad was called in; and having been sworn, was examined as follows:

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

"I am."

"How many Years have you been a Freeman of that Borough?"

"Since 1818."

"Do you recollect the Election of 1818?"

"I do."

"At the Time of that Election, were you a Freeman?"

"I was."

"Upon that Occasion, were you introduced by any one to Mr. Crompton?"

"My Father sent for me to Mr. Crompton, on the Canvass. Mr. Crompton was at my Father's House. He called there to solicit my Vote. My Father sent for me. I was not living at Home at that Time."

"Did you go to your Father's House?"

"I did."

"Did you see Mr. Crompton there?"

"I did."

"What passed between Mr. Crompton and yourself?"

"Merely to ask me for my Interest in the ensuing Election."

"What passed upon that Occasion?"

"Nothing passed upon the Occasion."

"Was your Father at the Time a Freeman?"

"He was."

"Did he say any thing to you?"

"After Mr. Crompton was gone, he said it would be a good Job if I promised Mr. Crompton my Vote, as there was not a Doubt he would give me some valuable Consideration for my Vote."

"Did you promise Mr. Crompton?"

"I did."

"After the Election, did you receive any thing?"

"Yes."

"How much?"

"Forty Pounds, or Guineas."

"Which was it?"

"I think Guineas."

"Do you mean in Gold, or in Paper?"

"No; in the Amount of Money."

"Who brought it to you?"

"Westby Leadbeater."

"Was he the Town Crier at the Time?"

"He was Town Crier or Beadle, or something of that kind, of the Borough of Retford."

Cross-examined by Mr. Adam.

"What are you?"

"A Tailor and Draper."

"Where do you live?"

"At Bawtry in Yorkshire."

"Is your Father alive?"

"No, he is dead."

"Was there any Person present at this Conversation between your Father and you?"

"No."

"Nothing took place between Mr. Crompton and you?"

"No."

"Do you know that your Father had seen Mr. Crompton at any other Time?"

"About my Vote? I do not believe he ever had."

"You thought it quite correct to take Forty Guineas, did you not?"

"I do not know that I thought it correct; but Nine Months after the Election Forty Guineas was sent to me."

"Why did you take it, if it was not correct?"

"It was sent to me."

"You could not get rid of it?"

"I might have sent it back to Mr. Leadbeater; but it had been the general Practice for others to receive it, and I took it as others had."

"You thought there was nothing wrong in it?"

"No."

"When were you first spoken to to come to this Enquiry?"

"Perhaps about a Fortnight or Three Weeks ago."

"Who came to you?"

"I was sent for by a Person of the Name of Sharp."

"Who is he?"

"He is a Timber Merchant of Retford."

"Is he one of the Committee of Retford?"

"I do not know."

"What do you know about Sharp?"

"Nothing more than his sending for me."

"Why did he choose to interfere?"

"I do not know."

"Do you know why he sent for you? Did he tell you in his Letter what the Object was?"

"No, he did not. It was not a Letter that he sent; it was a verbal Message, by a Person of the Name of Hopkinson, that he wished to see me."

"Whom did you see at Mr. Sharp's?"

"Mr. Sharp himself."

"What has Mr. Sharp to do with Retford?"

"I do not know."

"Did he send you to London?"

"He told me I was to be in readiness to go to London, for that it was a Hundred to One but I should have an Order to attend the House of Lords in about Ten Days."

"You do not know who told this Timber Merchant that you were to have an Order to attend the House of Lords?"

"No."

"Has Mr. Sharp any thing to do with Mr. Newton?"

"I do not know Mr. Newton."

"Do you know whether he has any thing to do with Mr. Hannam?"

"Not that I know of."

"Does he live in that Part of the Town which has the Right of voting?"

"I do not know."

"Is he a Freeman?"

"I do not know him."

"You do not know Mr. Sharp?"

"I thought you were asking as to Mr. Newton."

"Does he live in the Hundred of Bassetlaw?"

"If Retford is in the Hundred of Bassetlaw, he does."

"Would he not get a Vote?"

"If it is given to Freeholders."

"Is it a large Establishment he has?"

"He is in Lodgings, I believe."

"Is his Timber Concern a considerable one?"

"I think it is."

"How long has he been settled there?"

"I cannot say."

"Ever since you knew the Place?"

"No; I have not known of his living there, except living Nine or Ten Months at a Time myself. I have never noticed his living there, except since the Election."

"As you knew him so little, how came you to go to him?"

"I should wait upon any Gentleman who sent to me."

"You thought it was perhaps to make a Suit of Clothes?"

"I did not know what it was about."

"But he told you it was probable in about Ten Days you would be sent for up here?"

"Yes."

The Witness was directed to withdraw.

Then Edward Golland was called in; and having been sworn, was examined as follows:

(Mr. Law.) "Is your Name Edward Golland?"

"Yes."

"Are you a Freeman of Retford?"

"Yes."

"When were you admitted?"

"In the Year 1789."

"Do you know the Angel Inn at Retford?"

"Yes."

"Do you remember being there upon any Occasion at the latter End of the Year 1814?"

"No."

"Recollect again?"

"No, I never was there at that Time."

"You never were there?"

"Yes, I have been in the Inn; but I was not there at that Time in 1814."

"Not at any Time in 1814?"

"No."

"Did you know Mr. Hannam?"

"I have very little Recollection of him; I knew him by seeing him; but I never had any Dealings with him."

"You were sent to the Angel Inn at Retford?"

"I was never there in 1814. I never was from London from the Year 1812 to the Year 1818."

"Have you a Brother of the Name of William Golland?"

"Yes, I had; he is since deceased."

"Did you receive from your Brother, William Golland, any Sum of Money in London, in the Year 1814?"

"No, not from William Golland."

"Whom did you receive the Money from?"

"I received a Sum of Money from Joseph Golland at that Time; that was another Brother."

"How long was that after the Election of Mr. Osbaldeston?"

"I should think about Two Years."

"What did you receive that Money for?"

"For a Gratuity."

"A Gratuity for what?"

"Going down, I suppose, to the Election; the Expences."

"What Election?"

"In 1812."

"As a Gratuity for going down to the Election in 1812?"

"Yes."

"How much was it?"

"Twenty Guineas."

"You said you had a Brother of the Name of William Golland then?"

"Yes, I had."

"Was he a Voter?"

"He was."

"Did you ever hear from him, whether he had received the Sum of Twenty Guineas about that Time?"

"No; William Golland, I believe, never did, that I ever heard."

"Did you hear from a Voter that he did?"

"No, I did not."

"He did not tell you?"

"No."

"Did you promise Mr. Evans your Vote?"

"I did."

"Did you receive any thing after his Election?"

"I received a Packet after his Election."

"What did it contain?"

"It contained Twenty Guineas."

"Did that Accident happen to you after both those Elections?"

"Yes, I believe it did."

"You have been a Burgess for a good many Years?"

"Yes."

"Did you receive any thing after Mr. Crompton's Elections in 1818 and 1820?"

"Yes."

"What did you receive after Mr. Crompton's Elections?"

"The same."

"And you have had Twenty Guineas after the Election of each of those Gentlemen, on both Occasions?"

"Yes."

"As well as the Twenty Guineas after Mr. Osbaldeston's?"

"Yes."

"Did you happen to recommend Mr. Marsh to the Electors?"

"Yes, I did; at least he was recommended to me, and I recommended him to the Electors."

"Do you happen to know whether he gave Satisfaction, or otherwise, to the Borough of Retford-to the Electors?"

"I did not hear that he gave any thing to the Electors."

"I asked as to Satisfaction?"

"I cannot speak to that."

"Did they complain; in Conversation with the Voters, did you find any Complaint of Marsh not having given any thing?"

"I had not an Opportunity of conversing with them, as I was in Town."

"He did not go down a second Time?"

"No, I believe not."

"What other Elections did you promise your Vote besides the Three you had mentioned?"

"Two or Three others before that."

"State a few of them. After what other Elections did you receive any Money?"

"None of them."

"Only at those Three?"

"Only those Three."

"Are you quite sure of that?"

"Yes."

"Was the Election of 1812 the first after which you received Money?"

"Yes."

"Had you ever voted before?"

"Yes."

"For whom did you vote?"

"I voted for Sir John Ingleby."

"Any one else?"

"And Sir William Ingleby."

"Did Sir John Ingleby lose his Election?"

"Yes."

"Do you happen to know, from Conversation with the Voters, whether the Candidates who lose their Elections make any Presents, or not?"

"Sir John did not, I believe; I did not hear that he did."

"Do you know any Instance except Mr. Marsh's of the successful Candidates not giving any thing?"

"No; I cannot say."

Cross-examined by Mr. Alderson.

"Was Sir William Ingleby a successful Candidate?"

"Yes."

"Did he give you any thing?"

"No."

"You do know of One then?"

"Yes; I stand corrected; I do know of One. He might give it, but I did not take it from him."

"You never were at Retford from 1812 to 1818, were you?"

"No; I never was Ten Miles from London from 1812 to 1818."

"In what Way did you go down? Had you paid your own Expences when you went to Mr. Osbaldeston's Election?"

"No; I went down with Mr. Marsh."

"Did you canvass the Borough?"

"Yes."

"Did Mr. Marsh pay you any thing?"

"He paid me for my Services after his Return."

"What Services?"

"Collecting Freemen together a Number of Days in London."

"As an Agent?"

"Yes; and going down with him. I was on his Business for Three Weeks."

"Did he pay you the usual Sum an Agent receives?"

"I do not know what Agency Money is. I paid all my own Expences when I was in the Country. I never had a Farthing from him 'till after the Election, when he made me a Present of Five-and-thirty Pounds, for my Expences, and Services in procuring him the Election."

"Have you received any other Sum from Marsh except the Thirty-five Pounds for this Agency?"

"Not a Farthing."

"Did you ever receive any Sum from Mr. Osbaldeston for going down, as Part of the Expences?"

"No."

"When you went down from Mr. Crompton, did you receive any Sum of Money for your Expences in going down?"

"Yes; I received my Expences in going down."

"When?"

"I received it in Town, to carry me down."

"Which Election?"

"I believe on both."

"Did you go down on both Elections?"

"Yes, I think I did."

"Had you any Promise from Mr. Crompton beforehand?"

"No, never; I never had a Promise of Money, nor nothing of the kind; nor received the Money before the Election in my Life; nor no Promise that I should."

"And the first Election you ever knew of Money being received after it was Mr. Osbaldeston's?"

"Yes."

"That was in 1812?"

"That was the first that I received."

"Was that the first that you ever knew of any Person receiving it?"

"I only know as I have heard say; I have heard that Sir William did pay some."

"Did he pay you?"

"No."

"And you voted for him?"

"Yes. I did not apply for this; I never did apply; it was sent to me."

"You did not apply to any body at any Time?"

"No, never in my Life."

"My Learned Friend has asked you whether Mr.Marsh ever came down again?"

"He never did, that I heard of."

"Did Mr. Osbaldeston come down again?"

"No."

"Neither the one that gave Dissatisfaction, as you say, nor the other who gave Satisfaction, came down again?"

"No, I believe not."

Examined by the Lords.

"You mentioned a Brother of yours, Joseph Golland; is he alive?"

"No."

"Was he a Freeman?"

"He was."

"Did he state to you that he had received Money?"

"He did state that he had received some Money from Mr. Hannam; but I never received any from Mr. Hannam myself. I had a Packet in London; I suppose it came from there. They sent me a Packet with Twentyone Pounds, if I recollect right."

"He stated that he had received something?"

"Yes."

"Your Brothers are both dead?"

"Yes. It came to me in an anonymous Letter. I did not know by whom it was paid, 'till afterwards."

The Witness was directed to withdraw.

Mr. Alderson requested, "That, being obliged to leave the House, Mr. Stephenson might be permitted to appear for the Petitioners against the Bill during his Absence."

The Counsel were informed, "That Mr. Stephenson might be permitted to examine the Witnesses in the Absence of either of the Counsel for the Petitioners."

Then Jonathan Banks was called in; and having been sworn, was examined as follows:

(Mr. Price.) "Are you a Blacksmith and Farrier residing at Retford?"

"Yes."

"Are you a Freeman of Retford?"

"Yes."

"How long have you been a Freeman of that Borough?"

"About Two-and-twenty Years."

"Have you ever filled any public Office in that Borough?"

"Yes."

"What?"

"Junior Bailiff."

"Have you filled any other Office besides that of Junior Bailiff?"

"I have been Overseer of the Poor."

"Do you remember the Election of Mr. Osbaldeston and Mr. Marsh, in the Year 1812?"

"Yes."

"Did you promise your Vote to one of those Candidates?"

"To both of them."

"After that Election, about Two Years, did you go to the Angel Inn at Retford?"

"I did."

"Was Mr. Richard Hannam there?"

"He was."

"For what Purpose did you go there?"

"I was told that I was wanted."

"Who told you?"

"The Waiter at the Inn."

"What did he say?"

"He said, "You are wanted up Stairs." "For what Purpose?" and he said, "Go up; some Persons want you." I was just drinking some Beer then, or something of that kind; the Words I cannot exactly repeat."

"Did you go up Stairs?"

"I did."

"Was Mr. Hannam there?"

"He was."

"Was any other Person with him?"

"A Stranger."

"What was the Stranger doing?"

"Sitting on one Side of the Table, and Mr. Hannam on the other."

"What passed between those Two Persons and yourself; what was said?"

"Mr. Hannam said there is nothing for you."

"Had you said any thing to Mr. Hannam before that?"

"No."

"What Answer did you make?"

"I axed the Reason."

"What did you understand when Mr. Hannam said there is nothing for you?"

"I did not know what to understand by that."

"Did he give any Reason?"

"He said my Name was crossed out."

"I think you said that you asked the Reason why there was nothing for you?"

"I did."

"Why did you put that Question?"

"I understood that they were giving Money away."

"To whom?"

"To the Burgesses."

"What took place besides; what other Conversation?"

"I cannot say."

"Was there any Reason given why there was none for you?"

"Yes, there was."

"What was it?"

"That I was not a staunch Blue."

"Were Mr. Osbaldeston's Colours at that Election Blue?"

"Upon my Word, I cannot say."

"Did Mr. Osbaldeston come upon what is called the Blue Interest?"

"I rather think it was so."

"Have you ever heard the Term "Blue Interest?"

"Yes."

"Do you remember Mr. Crompton and Mr. Evans's Election in 1818?"

"Yes."

"Do you remember their canvassing the Town?"

"Yes."

"Did you promise them your Vote?"

"I did."

"After that Election, did you receive any Money?"

"There was some brought to my House."

"How much?"

"I did not see; I did not open it."

"Was it brought in a Parcel, or how?"

"I should suppose in a Parcel; I did not see it."

"Were you at Home?"

"No."

"Who brought it to you?"

"My Mistress."

"You mean your Wife?"

"Yes."

"How much Money did she shew you?"

"I cannot say exactly."

"About how much?"

"I should suppose about Twenty Guineas in each."

"Have you any Doubt it was about Twenty Guineas in each?"

"I have not."

"Did you believe at that Time it was what was called Election Money?"

"Well, I could not have a Doubt of it."

"In the Year 1820, the second Election of Mr. Crompton and Mr. Evans, did you promise those Gentlemen your Vote the second Time?"

"Yes."

"After that Election, did you receive any Money?"

"Yes."

"How much?"

"I did not see the Cases opened. I should suppose it was the same."

"Have you any Doubt it was the same Sum as you had received in 1818?"

"I have not."

"Do you know a Person of the Name of Mr. Thomas Parnham?"

"Yes."

"Did he ever make any Application to you as a Blacksmith?"

"Never, that I recollect."

"Was his Son your Apprentice at any Time?"

"No."

"Was any Offer made to you respecting his Son?"

"No."

"In point of fact, you never had any Conversation with Mr. Parnham respecting his Son at all?"

"No."

"Do you know Mr. Thomas Parnham?"

"I do."

"Do you recollect the Election of the Year 1826?"

"I do."

"Did you promise your Vote to either Candidate upon that Occasion?"

"Yes."

"To whom?"

"To Sir Robert Dundas."

"To any body else?"

"To Mr. Walker; to Mr. Joshua Walker."

"Was he a Candidate?"

"He was."

"He withdrew?"

"He did."

"For whom did you vote?"

"For Sir Robert Dundas and Mr. Wrightson."

"Was your Father a Freeman?"

"He was."

"What was his Name?"

"John Banks."

"Is he dead or alive?"

"He is dead."

"How many Brothers have you?"

"Two."

"What are their Names?"

"John and Joseph."

"Are they alive or dead?"

"They are alive."

"Have you ever had any Conversation with them respecting Election Money?"

"Never."

"Do you, of your own Knowledge, know whether either of your Brothers promised Mr. Crompton or Mr. Evans?"

"I do not."

"Do you, of your own Knowledge, know whether they received any Money after the Election?"

"I do not."

"Did you ever receive any Election Money for them?"

"I did not."

"Do you know any other Person who did?"

"I do not."

Cross-examined by Mr. Stephenson.

"You have stated that you did not receive any Money from Mr. Crompton or Mr. Evans?"

"I did not, myself."

"Do you know Mr. Parnham?"

"Yes."

"Do you know whether he is a Member of the Committee formed in the Town of East Retford for the Purpose of disfranchising the Borough?"

"I have not a Doubt of it."

"How long has that Committee been established?"

"Some Time about 1827 it was begun."

"Have they been very active?"

"Very, I understand."

"Mr. Parnham, as a Member of that Committee, was very active among the Burgesses, was he not?"

"I cannot speak to that."

"In what Way has his Activity been shewn?"

"Well, I have taken very little Notice of their Activity, no further than Hearsay."

"The Rumour of the Borough has been, that this Committee has been active for the Disfranchisement of the Borough?"

"Yes."

"Have you heard that Rumour in the Town of East Retford, that this Committee has been established for the Purpose of disfranchising the Borough?"

"Yes."

"Of which Mr. Parnham, as to whom you have been asked, was a Member?"

"Yes."

"How long have you been a Resident at East Retford?"

"Forty Years, I should suppose."

"Have you lived in the Town all that Time?"

"Not exactly; I have been out some little Time."

"Did you receive any Money after the Election?"

"No."

"Did you expect any?"

"No."

"For whom did you vote?"

"For Sir Robert Dundas and Mr. Wrightson."

"By whom were you canvassed?"

"I was canvassed by each of them."

"By Sir Robert Dundas personally?"

"Yes."

"And by Mr. Wrightson personally?"

"Yes."

"Do you recollect what they said to you?"

"I was asked for my Vote and Interest."

"Nothing more?"

"No."

"Did they say if you gave them your Vote all should be right?"

"No; I never heard the Word mentioned."

"Did either of them say that if you gave your Vote you should have Joss?"

"I never heard that mentioned."

"Did they say that if you gave your Vote you should have your Tip?"

"No."

"That you should have Tick?"

"Nothing of the kind."

"Did you ever hear of those Words before?"

"Positively not."

"Did you ever hear of those Words before I mentioned them to you now?"

"Yes."

"When?"

"Since I came, in 1827, to give Evidence before the Committee."

"Were the Words well known in the Borough of East Retford?"

"Since that Time."

"Were they known in the Borough of East Retford previous to the Election of 1826?"

"No."

"You have been resident in the Borough of East Retford Forty Years?"

"Yes."

"And you never heard those Words used?"

"Not as Electioneering Terms."

"Not as conveying any Meaning to the Burgesses?"

"No."

"I will put the Question to you deliberately. Did you, during your Residence of Forty Years in the Borough of East Retford, ever hear any one of those Terms used by the Burgesses, and implying that Money would be paid when they were used?"

"I never heard them used."

"At how many Elections have you voted?"

"Sometimes there has not been an Opposition; I suppose about Five I have known in the Hall."

"Do you know a Mr. Newton?"

"Yes."

"Do you know whether he is a Member of the Committee?"

"I have not a Doubt about it."

"Has he been active?"

"Very."

"For the Disfranchisement of the Borough?"

"Yes."

"Do you know whether he is Clerk to Mr. Hannam?"

"He is."

"Mr. Hannam is a Solicitor residing at East Retford?"

"Yes, he is."

"Is he a Man much respected in the Town?"

"I cannot speak to that."

"Do you know Mr. Sharp?"

"Yes."

"Is he a Member of the Committee?"

"I understand he is."

"Do you know Mr. Bullivant?"

"Yes."

"Is he a Member of the Committee?"

"Yes."

"Do you know Mr. Fisher?"

"Yes."

"Is he a Member of the Committee?"

"I understand so."

"Are any of those Persons Burgesses of East Retford?"

"Not any of them."

Re-examined by Mr. Price.

"Have you ever received any Money except upon those Three Occasions?"

"No."

"No Money at any one Election?"

"I have not received Money on Three Occasions."

"On the one in 1818 and the other in 1820; have you ever received the Money on any other Occasion?"

"No."

"Did you receive any Money after the Election of 1812?"

"I did not."

"In the Year 1814?"

"I did not."

"Are you a Member of this Committee of which Mr. Thomas Parnham is a Member?"

"I am not."

"Did you ever attend it?"

"No, never."

"How do you know that Mr. Thomas Parnham is a Member of this Committee?"

"By Report, his own Words, or talking amongst the others."

"Did you ever hear him say that he was a Member of the Committee?"

"Not that I could positively affirm it; no further than the Report goes of their forming this Committee among them."

"All you know of Mr. Thomas Parnham being a Member of this Committee is by hearing other Persons talk of it?"

"Yes."

Examined by the Lords.

"Did you promise your Vote to Sir Robert Dundas?"

"I did."

"Had you known him previously?"

"No."

"Who introduced him to you?"

"I cannot speak to whether it was Mr. Foljambe or Mr. Kirke; but One of the Two, or perhaps both."

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

"They introduced him as Sir Robert Dundas, to solicit me for my Vote and Interest."

"Did they say nothing else?"

"No."

"Did you ask who Sir Robert Dundas was?"

"I understood before he came who he was."

"Who did you understand that he was?"

"I understood that he was coming in the same Interest which Mr. Crompton had been in; following Mr. Crompton, and recommended by him."

"From whom did you understand that?"

"By Report."

"Did you understand also from Report that he would behave in the usual Way?"

"No."

"Did you believe that he would behave in the usual Way?"

"No, I had no Reason to believe so."

"If he had offered you Money, had you meant to refuse it?"

"I never had any offered to me."

"Did you not state that you had on Two Occasions received Money after those Elections?"

"It was sent to me; I knew nothing at all about it."

"Had you Money sent to you after the Election of 1826?"

"Most positively not."

"Did you ever hear any of the Freemen say they had received any Money after Elections?"

"Not to my Knowledge, I never did."

"Were you present, in 1814, when Money was given to any Freemen by Mr. Hannam at the Angel?"

"I was not."

"You were alone in the Room?"

"Alone with those Two."

"What was your Answer when they told you you were not a true Blue?"

"I dare say I smiled upon the Subject, and left the Room directly; I have not a Doubt that was all the Answer I made; I do not recollect any other."

"Did you promise your Vote to Mr. Wrightson?"

"I did."

"Who introduced you to him?"

"I cannot positively remember now who it was that introduced him; I cannot say whether it was Mr. Foljambe or Mr. Kirke, but I believe One of those Two Gentlemen."

"Were there any other Persons with them when they introduced him?"

"Several Persons in the Train behind that followed; I cannot speak to the Number; I was busy at the Time."

"Did you promise them your Vote at once?"

"Mr. Wrightson I did."

"Sir Robert Dundas you did not?"

"I did not; he came Three Times to me before I promised him."

"What was the Cause of your Hesitation?"

"My Father was then alive, and I wished to consult him before I promised."

"How long have you known Mr. Hannam?"

"A very long Time; but I cannot speak to a Year or Two; perhaps Thirty Years."

"Do you remember his first coming to the Town of "Retford?"

"I do not."

"He is an Attorney there?"

"He is."

"Have you ever heard of an Attorney there of the Name of Vaughan, a Clerk?"

"I have not."

"Did Hannam come there first as an Attorney, or was he a Clerk in any Office?"

"I think he came as an Attorney; I am not positive; I cannot speak to the Fact."

"Is not he a good deal talked of in the Town of Retford?"

"He is."

"To his Credit?"

"Not much of that."

"He is not much respected?"

"No, he is not."

"A loose Sort of Character, I suppose, he is considered?"

"I do not know as to his other Character; he has been very badly spoken of lately; but he never stood very high."

"Did any body apply to you about giving Evidence before this House?"

"No Person."

"You gave Evidence before the Committee of the House of Commons, did not you?"

"I did."

"Who first spoke to you about that?"

"I cannot understand the Question."

"Who first spoke to you about the Nature of the Evidence you could give before the House of Commons?"

"No one."

"Did you never communicate with any one about it?"

"No Person."

"Did no Person take down in Writing what you could say?"

"No Person."

"You say you voted in 1820 for Sir Robert Dundas and Mr. Wrightson?"

"I did."

"There was a Poll, was not there?"

"Yes."

"How many voted for Sir Henry Wright Wilson?"

"About Fifty-three, I think."

"Was there a great Political Feeling existing in the Town of East Retford at that Time?"

"There was."

"About any particular Subject?"

"Yes."

"What was that?"

"The Catholic Question."

"Were the Supporters of Sir Henry Wright Wilson against the Catholic Emancipation, or for it?"

"The Supporters of Sir Henry Wright Wilson were against the Catholic Emancipation."

"How long after Sir Robert Dundas had canvassed the Town did Sir Henry Wright Wilson come in?"

"Perhaps Eighteen Months; I cannot speak to the Time or the Date he went down, but I think about that Time."

"A considerable Period, however, after?"

"Yes."

"How long after you had promised Sir Robert Dundas did Sir Henry Wilson come?"

"About Eighteen Months."

"Did they canvass you on behalf of Sir Henry Wright Wilson?"

"Yes."

"What Answer did you give?"

"I had promised my Votes."

"What was the general Report of the Result of the Canvass of Sir Henry Wright Wilson?"

"Indeed I cannot say."

"Did not you hear any Voters say, that he had no Chance; that the Majority had given their Votes to Sir Robert Dundas?"

"Repeatedly."

"Notwithstanding that, he came to the Poll?"

"Yes."

"And Fifty-three Voters voted for him?"

"Yes."

"Did Sir Henry Wright Wilson offer you any Money when he asked you for your Vote?"

"No."

"Do you know a Man of the Name of Goodlad?"

"I do."

"Had you ever any Conversation with him about the Elections at East Retford?"

"I had."

"Did he ever tell you that he thought himself very ill used by Mr. Foljambe?"

"He did."

"Did he say to you that he was offended with Mr. Foljambe, because he would not give him Money over and above his Expences?"

"He said he had not got Money enough paid him for his Expences."

"What did he say to you after that?"

"He said he had some Letters in his Possession that would be material Evidence against the Borough of East Retford."

"Did he threaten that if Mr. Foljambe did not give him any Money he would bring Evidence against the Borough?"

"There was something of that sort mentioned, but I cannot speak to the Fact."

"That is the Impression you have?"

"Yes; but I cannot speak to the Fact exactly."

"You have no doubt he said he would give Evidence against the Borough if there was not more given?"

"Certainly, that was my Impression that he would do so, but not to speak it; I cannot say that he spoke it out right."

"Do you know any thing of The Duke of Newcastle?"

"I certainly know him when I meet him."

"Do you meet him often in East Retford?"

"No, I do not."

"Has he Property in the Neighbourhood?"

"He has."

"How far from East Retford?"

"Three Miles."

"Is that in the Hundred of Bassetlaw?"

"It is."

"Have you reason to think that Mr. Hannam desires the Disfranchisement of East Retford?"

"I have not a Doubt of it."

"What Reason have you for thinking so?"

"Because he has been so industrious to assist it to Birmingham."

"Have you cause to believe that Mr. Hannam has had any Dispute with Mr. Osbaldeston or Mrs. Osbaldeston, at former Elections, upon the Subject of his Accounts?"

"I do not know any thing about them."

"Have you Cause to believe that Mr. Hannam has been very active in getting up Evidence for the Disfranchisement of the Borough of East Retford?"

"I have every Reason to believe it."

"Do you know it?"

"I do not."

"Is that the Rumour?"

"That is the Rumour of the Place."

"Upon what do you found your Belief of that?"

"In consequence of different Reports that have been about the Town."

"Is it upon mere Report?"

"Well, not exactly."

"Has Mr. Hannam ever applied to you, directly or indirectly, upon the Subject of the Evidence you should give before this House or the House of Commons?"

"Not at all."

"You say it is not founded on mere Report; what Facts are there which you know?"

"Well, I cannot mention any one particular; I never took any sort of Notice of any of their Business; it has not troubled me at all."

"You have said that Mr. Hannam bears but an indifferent Character in East Retford; have the goodness to state what Facts you ever heard against him?"

"Reports."

"What were those Reports?"

"I cannot speak to any particular Things, no further than the Rumour has gone of his concerning himself in the electioneering Business."

"Then all you have to say against Mr. Hannam is, that he has concerned himself in the electioneering Business?"

"Yes."

The Counsel and Witness were directed to withdraw.

The Counsel and Witness were again called in.

"If Mr. Hannam were to come forward as any Evidence anywhere, would you believe him upon his Oath?"

"It is a very delicate Question, I do not like to answer it."

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 to Monday next; and that the Lords be summoned.

De Chapeaurouge's Naturalization Bill, Certificate produced:

A Certificate from The Right Honorable Robert Peel, One of His Majesty's Principal Secretaries of State, "That Philip Augustus De Chapeaurouge, Son of John Dauphiny De Chapeaurouge, by Elizabeth Dorothea Glasshoff his Wife, born at Hamburgh, One of the Hanseatic Towns, had produced to him satisfactory Proof that he is a Person well affected to His Majesty's Royal Person and Government, and of orderly Life and Conduct," was produced and read, pursuant to the Standing Order.

De Chapeaurouge takes the Oaths:

Philip Augustus De Chapeaurouge took the Oaths appointed, in order to his Naturalization.

Bill read 2 a & committed.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Philip Augustus De Chapeaurouge."

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 next, at the usual Time and Place; and to adjourn as they please.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, tertium diem Maii, jam prox. sequen. horâ decimâ Auroræ, Dominis sic decernentibus.