House of Lords Journal Volume 62: 9 June 1830

Die Mercurii, 9 Junii 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hickson's Marriage Annulling Bill.

The Order of the Day being read for the further Consideration and Second Reading of the Bill, intituled, "An Act to declare void an alleged Marriage between Elizabeth Hickson, an Infant, and Thomas Buxton," and for the Lords to be summoned;

Counsel were accordingly called in.

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

(Mr. Adam.) "What are you?"

"A Saddler."

"Where do you live?"

"I am living in London."

"Did you at any Time reside in Derbyshire?"

"Yes."

"Where?"

"At Ripley."

"Is that near the Town of Derby?"

"Yes."

"How far from it?"

"About Nine Miles."

"Is that near Stenson or Normanton?"

"Nearer Sheffield."

"How long did you live at Ripley?"

"About Five Years."

"Did you know the Family of the Fletchers, there?"

"Yes."

"Was Edward Fletcher one of that Family?"

"Yes."

"From knowing the Fletchers, did you become acquainted with Thomas Buxton?"

"No."

"Do you know Thomas Buxton?"

"I know Mr. Buxton."

"Do you know a Man of the Name of William Webster?"

"Yes."

"Have you often seen Buxton?"

"No."

"Have you often seen William Webster?"

"Yes."

"Have you ever had any Conversation with William Webster about Thomas Buxton?"

"Yes."

"When do you think you had the first Conversation?"

"More than Two Years ago."

"Do you recollect Buxton going off with Miss Hickson -the Elopement?"

"I recollect that taking place."

"How long before that Elopement had you any Conversation with Webster?"

"Three Months; Three or Four Months."

"Was that Conversation about Buxton?"

"Yes."

"Tell us what it was."

Mr. Pollock objected to the Question; admitting, at the same Time, that there was a Marriage in the Town of Manchester, in consequence of a Plan between the Parties, the Parties married living in another Parish.

The Counsel were informed, "That any Conversation relative to the Matters stated in the Bill affecting the Parties charged to have conspired to effect this Marriage was receivable."

(Mr. Adam.) "State to their Lordships what the Conversation was between Webster and you, as to Buxton?"

"It was respecting his own Love Affair with Miss Buxton, and Buxton's with Miss Hickson."

"Do not tell us about Webster's Love Affair with Miss Buxton; confine yourself to Buxton's Love Affair with Miss Hickson; what passed about that?"

"There was nothing particular passed."

"Do you recollect any thing - any Conversation about any Letters?"

"Yes, I do."

"State what the Conversation was about Letters?"

"Mr. Webster pulled out of his Pocket a small Parcel of Letters, and said those were Part of them; Copies of Letters that had been sent to Miss Hickson; Copies of Letters he had written for Thomas Buxton."

Mr. Pollock objected to the Evidence; submitting, "That not being Evidence against Buxton, it was not receivable in the present Case."

Mr. Clarke was heard in support of the Objection.

Mr. Adam was heard in support of the Evidence.

The Counsel were informed, "That this appeared to be Evidence to be received for the Purpose of establishing the Course of the Conspiracy, there being Proof of a Conspiracy for the effecting a particular Object."

(Mr. Adam.) "Do you recollect, before the Time when these Letters fell out of his Pocket, and that Conversation took place, any Conversation about Letters?"

"No."

"Do you remember any Conversation with Webster about Buxton and Miss Hickson, with reference to Webster himself?"

"Yes."

"What was it?"

"He said that he should be handsomely rewarded for his Trouble-for the Trouble that he had been at-by Thomas Buxton."

"Did he state what the Trouble was?"

"No."

"Did he state how he was to be rewarded?"

"No."

"Do you mean to say that he simply stated that he was to be handsomely rewarded?"

"Yes."

"How did that Conversation begin; who was present at it?"

"The whole of Mr. Fletcher's Family."

"Of whom did they consist?"

"Of Mr. Fletcher and his Wife, Three Daughters and Two Sons."

"Do you recollect how it began; what led to it; who first commenced the Conversation?"

"The Love Affair between Mr. Buxton and Miss Hickson?"

"Who commenced that Conversation?"

"Mr. Webster himself."

"How did it begin; what did he say?"

"I do not remember the Manner in which it was introduced; it was introduced without any Fear, or directing his Discourse to one or the other."

"Do you recollect what the Substance of his Discourse was?"

"No; it was principally the Love Affair of his own, and the Love Affair of Mr. Buxton with Miss Hickson."

"Did any body else take a Part in the Conversation?"

"Yes."

"Who did?"

"It was spoken of in Mr. Fletcher's Family."

"Was Miss Hickson known to Mr. Fletcher's Family?"

"No, I believe not, at that Time."

"Was any thing said about who Miss Hickson was?"

"No more than that she was a Person of Fortune."

"Was it said that she was a Person of Fortune?"

"That she had a small Fortune of her own, and great Expectations."

"Who stated that?"

"Mr. Webster."

"Was there any further Conversation about Miss Hickson after that?"

"Yes; the Love Affair was spoken of."

"Was it at the same Time that the Letters were dropped out of his Pocket?"

"Yes."

"It was all at the same Conversation?"

"Yes."

"Do you recollect seeing William Webster at any other Time?"

"Yes; I was with him at different Times."

"At those other Times was there any Conversation respecting Buxton and Miss Hickson's Marriage?"

"Yes."

"State what it was, and how it arose?"

"Mr. Webster introduced the Conversation himself."

"What did he say?"

"I do not recollect what he said."

"What was the Tenor of the Conversation; do you recollect what passed upon that Occasion; I do not ask you the Expressions, but the Purport?"

"I do not recollect what passed; nothing of Importance passed in my Presence at that Time."

"What did Webster say at that Time?"

"He said, as I have before stated, until the last Time

I saw him previous to the Elopement."

"Tell us what did pass, and their Lordships will judge of its Importance?"

"Nothing important passed."

"Have you any Recollection of what did pass, whether it was important or not; was there any further Conversation about Webster himself?"

"No; only that of his Love Affair with Miss Buxton."

"But nothing with reference to Miss Hickson and Mr. Buxton?"

"Yes, at different Times."

"Tell me what passed at any of those different Times, specifying the Time?"

"At different Times he spoke of the Affair, and said what a good Thing it would be for him if he could get them off."

"When he said it would be a good Thing if he could get them off, did he say any thing else?"

"He said he had some Difficulty in persuading Buxton to take Miss Hickson away."

"Go on; and tell us what more passed upon that Topic, if any thing more passed?"

"He said Buxton was such a Fool there was no driving any thing into him; and he said he had to write Letters for him to Miss Hickson at different Times, for Buxton was such a Fool he could not write his own Letters."

"Do you recollect any thing else that passed?"

"No."

"I understand you to say this Conversation passed frequently, I think, was your Expression?"

"Yes."

"How often do you think you have heard Webster express himself to this Effect?"

"I do not recollect the Number of Times."

"Was it Once or Twice, Half, a Dozen Times, or more?"

"Half a Dozen Times, or more."

"When Webster was holding this Conversation, did you yourself say any thing to Webster?"

"I cautioned him respecting the Part that he was taking."

"What did you say to him?"

"I told him I thought it was very wrong for him to take so active a Part in such a Case."

"What did he say to that?"

"He merely said he should be handsomely rewarded for his Trouble."

"Any thing more?"

"No. He appeared in high Spirits."

"How long before the Elopement was it you gave Webster this Caution?"

"Two or Three Weeks."

"Had you Conversation with Webster after you had given him that Caution, and before the Elopement?"

"I saw him Once."

"In the same Society?"

"Yes; at Mr. Fletcher's House."

"After that, had you any Conversation respecting Buxton and Miss Hickson?"

"No; after I had cautioned him, he appeared to shun my Company."

Cross-examined by Mr. Pollock.

"When did you first make any Statement of this Evidence to any Person?"

"About a Fortnight ago."

"Where was it?"

"It was in London."

"To whom was it?"

"To Mr. Moss."

"Who is Mr. Moss?"

"He is an Attorney at Derby."

"Is he the Attorney for the Relations of Miss Hickson?"

"Yes, I believe he is."

"How came he to find you out; or did you find him out?"

"He sent for me to my Lodgings in Town."

(By a Lord.) "How came you to be in Town?"

"I have been in Town about Three Months, to follow the Saddlering Business as a Journeyman."

(Mr. Pollock.) "You came up as a Journeyman, about Three Months ago?"

"Yes."

"Do you know how Mr. Moss came to send for you?"

"No."

"Were you ever in Business for yourself?"

"No."

"Where did you live before the Three Months you have been in London as a Journeyman Saddler?"

"At Home, along with my Father."

"Where at?"

"In Derbyshire."

"Whereabout in Derbyshire?"

"Near Bakewell."

"How far is that from Stenson?"

"From about Twenty to Thirty Miles."

"How long did you live there?"

"Twelve Months after I left Ripley."

"Where were you living at the Time these Conversations took place?"

"At Ripley."

"Where is that; how near is that to Derby?"

"About Nine Miles from Derby."

"How far is it from where Buxton lives?"

"Fourteen or Fifteen; it may be a little more."

"How long did you live there?"

"Nearly Five Years."

"Were you then an Apprentice or a Journeyman?"

"An Apprentice."

"How old are you now?"

"Twenty-three in June; the middle Part of this Month."

"How often did you see Buxton before he went away with Miss Hickson?"

"Some Years before that."

"How often did you see him?"

"I do not remember the Number of Times. I was acquainted with Mr. Buxton when young, but I have not been of late Years."

"Do you recollect his Marriage with Miss Hickson?"

"Yes."

"How many Years before that was it that you had seen him; how long was it?"

"I do not recollect the Time; it was several Years before that."

"For several Years before his Marriage with Miss Hickson, did you either see Buxton or had you any Conversation with him at all?"

"I never saw Buxton, to my Knowledge, for several Years."

"And perhaps you knew nothing about him?"

"Not personally. I knew where he was living, but I had no Acquaintance with him at the Time."

"Am I to understand that all your Knowledge upon the Subject arises from Conversations with William Webster?"

"Yes, at Mr. Fletcher's House."

"What Knowledge had you ever of Thomas Buxton?"

"I knew him; I had been in company with him at different Times."

"Where?"

"At Fairs in the Country."

"I understood you to say not for several Years?"

"Not for several Years before this took place."

"Can you fix the Time; about how many Years it might be; Five or Six, or Eight or Nine?"

"Eight or Nine, or it might be Ten."

"Perhaps it might be Twelve?"

"Yes, or more. I do not recollect the Time."

"You say these Conversations took place at Mr. Fletcher's?"

"Yes."

"Whom do you mean by Mr. Fletcher; do you mean Mr. Edward Fletcher, or his Father?"

"At his Father's House."

"Is his Father now alive or dead?"

"His Father is dead."

"I think you say some of Fletcher's Family were present besides yourself?"

"Yes."

"What were the Names of the Persons who were present at those Conversations?"

"Mr. Edward Fletcher was present, and Mr. Bullivant was present."

"Is not he a Brother of Fletcher's?"

"Yes."

"Any body else?"

"Yes; his Father was present at some of the Times that the Conversations took place."

"Did you understand from Webster at that Time that he was about to be married to Miss Buxton?"

"Yes; if he could get Buxton and Miss Hickson clear off, that he should then marry Miss Buxton."

"Did not you understand from him that he was then courting Miss Buxton?"

"Yes."

"Do you know any of the Family of Buxton besides himself; did you know his Sister or his Mother, or did you know his Father?"

"I knew his Mother."

"Where have you seen her?"

"At Derby."

"Were you ever at Stenson?"

"No."

"Did you never hear, during any of those Conversations, that Buxton wanted to wait 'till Miss Hickson was Twenty-one?"

"No."

"Did nothing of that kind pass?"

"No; not in my Presence."

"Will you undertake to swear that?"

"Yes."

(By a Lord.) "Did Webster say that Buxton wanted to wait 'till she was Twenty-one, and that he would not let him?"

"No."

"Nothing of that kind passed?"

"No."

(Mr. Pollock.) "Can you recollect the Date, or thereabout, when these Conversations first began?"

"About Two or Three Months before that took place."

"About Two or Three Months before the Marriage?"

"Yes."

"It was no Matter of Secrecy at all; it was publicly the Subject of Conversation before all Persons who happened to be present?"

"Yes."

"Were you particularly intimate there?"

"At Mr. Fletchers? Yes."

"What was your Intimacy; were you courting one of the Miss Fletcher's?"

"No. They were Neighbours to us; next-door Neighbours. I was intimate with Mr. Fletcher's Sons."

"Has any body else besides yourself been present at those Conversations?"

"No."

"And the Family?"

"No."

"You never saw any other Person?"

"No, not at Mr. Fletcher's House."

(By a Lord.) "Were the Sons present?"

"Yes."

"How many Sons?"

"Two."

"How many Daughters?"

"The Daughters were not at all Times present."

"When they were present, how many Daughters were there?"

"Three."

Re-examined by Mr. Adam.

"You say your Father lived near Bakewell?"

"Yes."

"What is the Name of the Place?"

"Dudwood."

"What is your Father?"

"A Farmer."

"Does he farm his own Estate?"

"Part of it."

"Whom does he rent the rest of?"

"The Duke of Rutland Part, and Part under Squire Thornhill."

"Whom were you apprenticed to at Ripley?"

"Thomas Stayley."

"Do you know Bullivant, the Brother you have spoken of?"

"Yes."

"Do you know where he is at present?"

"No."

The Witness was directed to withdraw.

Then Mary Fletcher was called in; and having been sworn, was examined as follows:

(Mr. William Brougham.) "Where do you live?"

"At Ripley."

"What Relation are you to Edward Fletcher?"

"Sister."

"Whom did you live with at Ripley?"

"My Father and Mother."

"Are both your Father and Mother dead?"

"Yes."

"Did you live in Ripley in the early Part of the Year 1828?"

"Yes."

"Did you at that Time live with your Father and Mother?"

"Yes."

"Are you acquainted with a Person of the Name of Webster; William Webster?"

"Yes."

"Was he in the habit of visiting at your Father's House, in the Year 1828?"

"Yes, he was."

"Do you recollect his coming there some Time in the Month of May 1828?"

"Yes."

"Did you see him upon that Occasion?"

"Yes."

"Are you acquainted with Thomas Buxton?"

"I never saw him; but I have heard speak of him."

"You know whom I mean?"

"Yes."

"Have you heard of the Circumstance of Thomas Buxton running away with Miss Hickson?"

"Yes."

"Do you remember when that took place?"

"Yes."

"Did William Webster pay a Visit to your Father's House before that, as far as you recollect?"

"Yes."

"How long before that?"

"It might be a Fortnight or Three Weeks."

"Did you see him upon that Occasion?"

"Yes."

"Did any Conversation take place between you and William Webster, upon that Occasion?"

"Yes."

"Will you have the goodness to state what took place then?"

"My Sister and I were in the Parlour, and he came into the Room at the same Time, and we had considerable Conversation upon different Subjects; and in a short Time he asked us whether we knew Mr. Buxton. We told him we had never seen him, but we had heard him and my Brother speak of him. And be said he was going to run away with Miss Hickson; and he said, If I pull him through I shall have £500;" and then he should marry Miss Buxton."

"If he pulled him through what?"

"I cannot tell."

"Did any thing else take place at that Time?"

"Yes; my Sister told him he was deserving of Miss Buxton, for he had had Trouble enough after her."

"Did any thing else take place?"

"Yes; he said he would not give a Farthing for a Girl, unless he had to go through Fire and Water for her."

"Did Webster say any thing else?"

"Yes. I asked whether Miss Hickson had a large Fortune; and he said, yes, he believed she had."

"Did he caution you as to mentioning this Conversation or not?"

"Yes."

"Did he say any thing else?"

"He begged that we would not mention it to any one."

"Did any thing further take place?"

"No, not that I recollect."

Cross-examined by Mr. Clarke.

"Where do you live now?"

"At Ripley, when I am at Home."

"Whom are you living with there?"

"My Sister."

"Is it a married or a single Sister?"

"A single Sister."

"Are you and your Sister living alone?"

"There are Three of us, and a Brother that is along with us, and Two Children."

"What Brother is it?"

"Bullivant."

"Was your Brother Bullivant present at this Conversation you are speaking of, when Webster came in?"

"No; there was no one but my Sister and I."

"Did you ask him any Questions about Buxton before he mentioned this?"

"No."

"He came to the House and told you, if he could get Miss Hickson away he should have £500?"

"If he pulled Buxton through he should have that."

"Did you know what he was alluding to, at least what he meant, by pulling Buxton through?"

"Yes; if he could get her away, I suppose."

"Had he mentioned Miss Hickson?"

"Yes."

"The first thing that he mentioned was not that - if he could pull Buxton through? Had he said any thing about Miss Hickson?"

"Yes; he said that Buxton was trying to run away with Miss Hickson."

"Was that the first Time that you had heard of it?"

"No; I had heard him speak of it, and my Brother and him, but I did not take much Notice of it."

"Then he desired you not to mention it?"

"Yes."

"Did you go to Manchester when he was tried?"

"Yes; the last Time; I was not there the first Time."

"Were you examined as a Witness there?"

"No."

"Were you there when the Trial took place?"

"The first Trial?"

"I mean when Buxton and Webster were tried and found guilty?"

"No, I was not."

"Was your Brother Bullivant there then?"

"Yes, he was."

"Did you ever see Mr. Buxton?"

"No."

"Do you remember your Brother Edward going to Prison for Debt?"

"Yes."

"Can you tell when it was?"

"No."

"Was he at that Time living as a Part of the Family with you?"

"No; he was at Swadlincoat."

"Had not he been living at Ripley shortly before that Time?"

"Some Time before that."

"How long had he left Ripley before he went to Prison?"

"I do not know at what Time."

"Was it a Month, do you think?"

"Yes, more than that."

"With whom was he living at Swadlincoat?"

"By himself."

"Had he a House there?"

"Yes."

"He had been living there some Time, had he?"

"Yes."

"You cannot tell when it was he went to Prison?"

"No, I cannot."

Re-examined by Mr. William Brougham.

"Where is your Brother Bullivant now?"

"I could not say where he is now; I should think in Nottingham."

"Is he imprisoned?"

"I believe so; he was the last Time I heard of him."

"For what is he in Prison?"

"For Debt; a Bill he accepted for William Webster."

The Witness was directed to withdraw.

Then Charles Wellbeloved Featherstone was called in; and having been sworn, was examined as follows:

(Mr. Adam.) "What Business are you?"

"I am not in any Business at present."

"Were you in the Sheriff's Office for the County of Derby?"

"For several Years, at different Times."

"Is it under the same Under Sheriff?"

"No."

"What is your Father?"

"He is dead."

"What was he?"

"He was Parish Clerk of St. Werburgh, in Derby, for Five-and-forty Years."

"In the latter Part of his Time, did you assist him in the Business of Parish Clerk?"

"I did."

"What were you at that Time besides?"

"I was an Attorney's Clerk at the Time."

"Were you acquainted with William Webster?"

"Yes, all his Life."

"Did you know him when he was in the Sheriff's Office?"

"Yes."

"Is he in the Sheriff's Office now?"

"No, he is not."

"I know he is elsewhere personally; but does he still belong to the Sheriff's Office?"

"No."

"Do you know whether he left it voluntarily?"

"No; quite the contrary."

"Do you recollect the Event of Mr. Buxton eloping with Miss Hickson?"

"I remember hearing it spoken of."

"With reference to that Time, before you heard of the Event, do you remember Webster at any Time coming to you?"

"I do."

"Had you any Conversation about the Means of effecting Matrimony?"

"Yes, I had."

"State to their Lordships what Webster said to you about it?"

"Webster asked me, at different Times, what was necessary to complete a Marriage, either by Banns or, by Licence."

"Did you tell him?"

"I did."

"State what you told Webster upon those Occasions?"

"He asked me what was necessary to obtain a Licence. I told him that they must be married in one of the Parishes that the Parties lived in; and, for the Purpose of obtaining a Licence, he would have to go to the Surrogate, and swear as to the Residence of each Party, and as to whether the Parties were of Age; and if the Party was of Age that he meant to be married to, it would be necessary that he should swear to that Fact; if not, that he should obtain the Consent of the Lady's Guardian or Parent, or whatever it might be; and also, if the Gentleman was of Age, it would be necessary to swear the same thing."

"You explained to Mr. Webster what was necessary if the Marriage was to be solemnized under Licence; what did you say as to Banns?"

"I told him, if they lived in different Parishes, they should be asked in both Parishes; and whichever Parish they meant to be married in, they must take the Certificate from one to the other of the Publication of the Banns; but if they did not mean to be married in the Parish in which either of them resided, they would have to go where they were intended to be published, and take the Names of the Parties; and perhaps the Clergyman or the Clerk might ask them where they lived, or perhaps he might not; but if it was a large Parish, it was very likely he would not."

"Was any thing said about the Publication of Banns?"

"Nothing more than what it was necessary to do. If he asked them where they lived, they might naturally say that they lived there, and they would say so, of course."

"That if he asked them where they lived, they would say so?"

"Yes."

"How long was it before the Elopement that you think this Conversation took place?"

"Perhaps it was some Time in May; I cannot say exactly."

"After that Conversation, do you remember William Webster leaving the Sheriff's Office for any Time?"

"Yes, several Times; I remember that."

"After that Conversation, do you remember Webster leaving the Sheriff's Office at any Time?"

"Yes; several Times."

"Do you know where he went to?"

"I have known him go to different Places."

"I want you to confine your Attention to the Absence after this Conversation about the Publication of the Banns?"

"He had several Absences; but one, in particular, I understood, to go and see his Brother at Manchester, whom he represented had been very ill at the Time."

"Did he mention his Brother's Name?"

"Yes."

"What was it?"

"Erasmus."

"You knew him?"

"Yes."

"Did you see him?"

"Yes, I saw him shortly after that."

"How shortly after?"

"I cannot say exactly; perhaps a Fortnight or Three Weeks."

"Did Erasmus Webster exhibit any Appearance of recent Illness?"

"Oh yes, he certainly did."

"He had been ill?"

"He did not appear to be in a perfect State of Health, certainly."

"Do you know how long William Webster was absent upon that Occasion?"

"I really cannot say exactly; for he was absent so often for Days and Weeks together, and not to be found."

"Have you ever had any Conversation with William Webster about Mr. Buxton and Miss Hickson?"

"Yes, repeatedly."

"When was that?"

"It was after the Marriage took place."

"Was there any thing before the Marriage?"

"William Webster stated, in consequence of my telling him how the Marriage was to be published, that he might some Time or other give the Ringers at All Saints a Guinea; he said it might be."

"Were you well acquainted with William Webster?"

"Oh, quite so."

"What was the State of his pecuniary Affairs, do you know?"

"It was very much embarrassed; quite so."

"He is now no longer in the Employment of the Sheriff?"

"No, certainly not."

Cross-examined by Mr. Pollock.

"At what Time were those Enquiries made of you?"

"The Enquiry I was speaking of was some Time about the Middle or the latter End of May."

"Were you at that Time your Father's Deputy?"

"Yes, I was."

"Does Webster live in your Parish?"

"No, he does not."

"Did he then?"

"No, he did not."

"Did you ask what was the Object of those Enquiries?"

"No, I cannot say that I did."

"It is not very unusual for a Person in the Situation of Parish Clerk to have Enquiries of that sort made?"

"Certainly not."

"Are not those Enquiries such as are repeatedly and over and over again made?"

"Certainly they are."

"And you had no Scruple or Hesitation in giving Answers to them?"

"No, none whatever."

"I think you told their Lordships that you said, that if it was a populous Parish very likely the Residence would not be asked?"

"Certainly I did."

"Of course you could not mean to point out that that was the Mode of getting the Banns published?"

"Oh yes, I certainly did so."

"You meant to point out that that was the Way of getting the Banns published, where they did not reside in the Parish?"

"Yes; because Mr. Webster said he wanted it to be done secretly."

"And you pointed him out the Mode by which it it might be done secretly?"

"Undoubtedly."

"Very likely you may be aware, from your Situation, that it is very often done?"

"I have been with Parties who have done so, and I know they never have enquired about their different Parishes; it is very commonly the Case; but it rests entirely with the Clerk and the Parson."

"Instances of that kind are not rare?"

"Not at all, in large Parishes, they are not."

"It is by no means an uncommon Thing?"

"I consider it not."

The Witness was directed to withdraw.

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

(Mr. William Brougham.) "Where do you live?"

"In Manchester."

"Are you acquainted with Thomas Buxton?"

"I saw him once."

"Are you acquainted with William Webster?"

"Yes."

"Are you acquainted with Erasmus Webster?"

"Yes."

"Were you in Manchester in the Spring of 1828?"

"I was."

"Do you remember Buxton and William Webster calling upon you at that Time?"

"They called at my House at the Time I was from Home."

"Do you remember seeing them in the Spring of 1828?"

"I do."

"Where did you see them?"

"I saw them at the Dog Tavern in Manchester."

"Was that in consequence of an Appointment?"

"It was in consequence of a Note they left for me at my Dwelling House, I met them there."

"You met them?"

"I did."

"What took place at that Meeting?"

"Mr. William Webster introduced to me Mr. Buxton, a Gentleman whom I had never seen before; and he said that they had come from Derby, and to ask my Opinion upon an important Matter. I asked them what that important Matter was; and Mr. William Webster told me that Mr. Buxton was paying his Addresses to a Lady of considerable Property, and that he had got her Consent, but found it impossible to get the Consent of her Friends; and they wished me for to give them my Opinion, what Way they could best manage in taking the Girl away; and I immediately referred them to his Brother Erasmus, who was a Solicitor, who was in the Room at the Time, as being a Man more competent to give them Advice upon such a Subject than myself. Mr. William Webster said, he would rather have my Advice than his Brother's, because I was a Man of considerably more Experience in the World than he had; and that I had benefited his Family by my Advice, which had been of Importance; that he should be obliged to me if I would do it on the present Occasion."

"What took place?"

"He then asked me if I would give my Advice respecting the Way in which this Lady could be taken away, or whether they could not be married by Licence. I told him I considered it impossible; that it would cause them, if they did, to swear through thick and thin. Then Mr. William Webster asked me respecting the Publication of Banns. I told him that if the Parties resided in the Parish of Manchester for Three Weeks, I should consider it would be legal. After which Mr. Webster asked me if I was acquainted with any Clergyman of Manchester. I told him, yes; The Reverend Mr. Wray and The Reverend Mr. Dallas. Mr. William Webster wished I would see One of those Gentlemen, to get Information upon the Subject, to convey to them. I told him his Brother Erasmus was equally well acquainted with those Parties with myself, and that I would rather decline any Interference in the Matter; but that I should advise them to abandon what their Ideas were upon."

"What were they upon?"

"The running away with this Girl; they wanted my Opinion, how far it was legal or illegal."

"How far what was legal?"

"Whether they could marry by Banns or by Licence."

"By Banns, in what Manner?"

"By remaining in the Town Three Weeks before."

"Whether it would be necessary for him to remain in the Town Three Weeks?"

"I told him it would be necessary to remain in the Town Three Weeks."

"Did they propose any thing else respecting the Marriage by Banns?"

"No; they did not feel satisfied with my Answer, and they wanted me to refer to some Clergyman. I at last told them that I begged to decline having any thing more to do with it, and that I considered it was not a very respectable Matter."

"What did you consider not respectable?"

"That they wanted for me to lend myself to assist them in a dishonourable Action; but I declined."

"What dishonourable Action?"

"They did not name any thing more."

"How did you know it was any thing dishonourable?"

"Respecting the taking the Lady away; they asked me my Advice; the Way it was best to be done."

"Whether it was best to elope?"

"Yes."

"Did they ask you your Advice which was the best Way to be married?"

"Yes; I told them it was impossible it could be by Licence."

"Did they ask you any thing about Marriage by Banns?"

"Yes; they asked me if it was legal to be married by Banns."

"Do you mean generally by Banns?"

"Yes; by their being asked in the Church; I told them if they resided in the Parish it would be legal."

"Did you say it would be necessary to reside in the Parish Three Weeks?"

"Yes."

"Did they say any thing to you about being married without residing Three Weeks in the Parish?"

"No."

"Did any thing else happen?"

"No; nothing particular."

"Nothing else took place in that Conversation?"

"Nothing else, than that I recommended to them to abandon the Idea; that I thought they would get themselves into great Disgrace; and I told Mr. William Webster, you have got a young Gentleman very much debilitated, and he is extremely nervous."

"To whom did you allude?"

"To Mr. Buxton; and I said, "If this is your Man, Mr. Webster, you will bitch your Case."

"Was Erasmus Webster living at Manchester at that Time?"

"I think he had left Manchester at that Time."

"Was he in pecuniary Difficulties?"

"Yes, he was, I think."

Cross-examined by Mr. Pollock.

"What are you?"

"I am a Hatter."

"Where?"

"In Manchester."

"How long have you known Erasmus Webster?"

"I suppose probably Twelve Years."

"During that Time has he been an Attorney in Manchester, or any Part of that Time?"

"Yes; he served his Time in Manchester."

"How long have you known William Webster?"

"I have known William for the same length of Time, say Twelve Years, over or under; I will not say to a Month or Two."

"Were you much acquainted with either of them?"

"Yes, I have been particularly intimate with the Family, all of them."

"Probably with both Erasmus and William?"

"Yes."

"So much so that they consulted you upon this Business?"

"Yes."

"Do you recollect precisely the Time when your Advice was asked upon this Subject?"

"Some Time in May 1828, in the Forepart of May."

"Do you recollect what Day of the Week that was?"

"On Sunday."

"Where was it; at your own House?"

"It was at the Dog Tavern."

"How came you to be at the Dog Tavern on Sunday?"

"I live a Mile from Manchester; and Mr. William Webster, and Erasmus Webster, and Buxton, had called at my House on Sunday, I being absent a few Moments to take a Walk in the Neighbourhood; and when William Webster and Erasmus, and Mr. Buxton had called, my Housekeeper had told them I was out; it would not be long before I came Home. Mr. Erasmus Webster called for Pen, Ink, and Paper, and addressed a Note to me, saying, his Brother William and a Gentleman from Derby were in the Town, and wished to see me, and requesting me to come down to the Dog Tavern."

"Did not they wish you to consult some Clergyman upon the Subject?"

"They did."

"Were the Names of any Clergymen mentioned?"

"I mentioned The Reverend Mr. Dallas and The Reverend Mr. Wray."

"Did not they wish you should mention the Subject to those Clergymen, and have their Opinion upon the Matter?"

"They asked me if I would go and get better Information than my own."

"They either did or did not; did they not ask you first whether you were acquainted with those Clergymen, or any Clergymen in Manchester; and did they not then wish you to state the Matter to some Clergyman, and get his Opinion?"

"They did not specify what I should say to him."

"Did not they wish you to mention the Subject to a Clergyman?"

"I did not consider it generally so, but merely to know the Way in which they could act the best."

"And they wished you to do that by Communication with some Clergyman?"

"Yes."

"You say you declined that?"

"Yes."

"Why?"

"I did not like the Complexion of it."

"Did you tell them that?"

"Yes; I told them that I begged to decline having any thing to do with the Matter."

"Did you say why?"

"Yes, I did; I considered that they were acting strictly irregular, and very disrespectful."

"To you, or to others?"

"I should consider it to me particularly."

"That they were behaving disrespectfully to you?"

"Yes, to me; asking my Opinion respecting so dishonourable a Matter."

"Did you tell them so?"

"Yes, I did tell them so."

"That you thought they were behaving disrespectfully to you, by asking your Opinion respecting so dishonourable a Matter?"

"Yes."

"You mean to say you told them that?"

"Yes, I do."

"You have been examined upon this before, have you not?"

"I have."

"You mean to state that you so told them upon that Occasion?"

"I cannot exactly remember; I did say something to that Effect, certainly."

"Will you swear that you ever, before this Hour, mentioned that you had told them they were behaving disrespectfully to you in consulting you upon so dishonourable a Matter?"

"I cannot say; I have not referred to the Evidence since I went down to Lancaster."

"Refer to your Recollection, and not to the Evidence; did you ever mention that before this Hour?"

"I do not know that I have."

"Did you tell him it was of no Use to ask any Clergyman about it?"

"I told him I should not interfere any further in the Matter, or give myself any Trouble about it."

"Did you know the Name of the Lady?"

"I did not."

"Did you know the Name of the Lady?"

"I did not."

"How came you not to ask, if you thought it was so dishonourable a Matter?"

"I did not like the Complexion of it, and did not wish to do more than to give them an Answer to the Questions they put to me."

"You might have prevented this, if you had interfered; did it never occur to you to ask the Name of the Lady?"

"I do not know, indeed."

"Did it occur to you to ask the Name of the Lady?"

"No, it did not."

"Was there any other Matter of Dishonour in the Transaction that occurred to you, except marrying a Lady under Age, without Consent of her Parents?"

"Yes."

"What was the Matter of Dishonour beyond that?"

"I consider that they were running away with a young Lady; and that they had not the Consent of her Friends."

"Was there any other Matter of Dishonour than that they were running away with a young Lady without Consent of her Parents?"

"I considered it was so."

"Was there any other Matter of Dishonour but that?"

"I do not know that there was; I considered that sufficient."

"And you therefore declined to give them any Advice upon the Subject?"

"I did."

"You did not comply with their Request, that you would ask some Clergyman about it?"

"I did not."

"Was the Age of the Lady mentioned to you?"

"I asked the Age of the Lady, and they told me something under Seventeen Years of Age."

"Did you not on a former Occasion state you were informed she was Seventeen or thereabout?"

"I was informed by themselves."

"Was it not that she was about Seventeen?"

"Seventeen Years and under, was the Reply they gave me."

"Were you examined at Lancaster?"

"I was."

"Is that the Statement you made there?"

"I believe it was."

"Will you swear it was?"

"I believe it was, to the best of my Knowledge; that it was upwards of Sixteen or under Seventeen; they told me the Lady was not Seventeen."

"You mean to say you did not say it was told you she was Seventeen or thereabout?"

"No, I do not recollect that I did." Re-examined by Mr. William Brougham.

"Have you any Hesitation now in saying that your Recollection is, that they said that to you which you have just stated, that she was under Seventeen?"

"I have not."

"You say that they talked about a young Lady in this Conversation?"

"Mr. Webster talked about the young Lady."

"What did he say respecting her?"

"He said that Mr. Buxton had an Attachment to a young Lady."

"Did he say any thing respecting her Fortune?"

"Yes; he said she was a Girl of considerable Property."

"I think you stated that you had known Erasmus Webster about Twelve Years in Manchester?"

"Yes."

"Has he been always under embarrassed Circumstances?"

"No."

"Have his Circumstances been considerably embarrassed?"

"Yes; his Circumstances at present are under considerable Embarrassment. I consider myself that he was a very respectable Man until he became embarrassed."

The Witness was directed to withdraw.

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

(Mr. Adam.) "I believe you are an Organist at "Derby?"

"Yes, I am."

"Do you teach Music too?"

"I do."

"Used you to teach Miss Hickson?"

"I did."

"Do you remember the Event of her Elopement with Mr. Buxton?"

"I do."

"Were you in the habit of teaching her before that Time?"

"I was."

"Were you acquainted with Thomas Buxton?"

"I was."

"How long have you known him?"

"Four or Five Years; I should think Four Years."

"We have been told he lived with his Family at Stenson?"

"I have been at his House there."

"Were you acquainted with his Family?"

"Yes, I was."

"You knew William Webster?"

"Very well, indeed."

"Did you ever use to meet William Webster at Buxton's, at Stenson?"

"Very frequently."

"Did you ever hear any Conversation at Buxton's, about Thomas Buxton's marrying Miss Hickson?"

"Yes; not at Mr. Buxton's, but on the Road."

"Which was it with?"

"With William Webster."

"How long before the Elopement?"

"Several Times within a few Weeks."

"State to their Lordships what William Webster said upon that Occasion?"

"I was coming from Derby, I think, but not the last Time; I was going to give Miss Hickson a Lesson; and on the Way several Times he told me that I should hear something that would surprise me very much. I taught Miss Hickson, and I used to teach the other Miss Waytes; and in going or coming back, when I came to Twyford Ferry, I fell in with William Webster and Mr. Fletcher, and as they were going on with me, he asked me when I should go to give Miss Hickson a Lesson the next Time; and I told them I thought the Beginning of the Week; Tuesday or Wednesday; and he turned on one Side to Mr. Edward Fletcher, and I heard him mention "a damned Fool," or something of that kind; and they laughed between themselves, as much as to say she would not be there when I went."

"Previous to that, had you any Conversation with Webster about Buxton's marrying Miss Hickson?"

"I once heard him name it."

"What passed?"

"We were talking about my going to teach her Music, and he said he thought Thomas Buxton would have her for a Wife, or something of that kind. I told him, I thought he need not think of that for several Years to come yet; but that I thought he was never likely to have any Chance, she being so very young."

"How long was that before the Elopement?"

"Perhaps Two or Three Weeks."

"Do you know Mary Ann Buxton?"

"I do, very well."

"Is she Thomas Buxton's Sister?"

"She is."

"Do you remember seeing Mary Ann Buxton while you have been giving Miss Hickson a Lesson?"

"Yes."

"What have you seen her do?"

"The last Lesson I gave Miss Hickson, she was waiting in the Garden the whole of the Time."

Mr. Pollock objected to the Evidence.

The Counsel were informed, "That Credit must be given to the Counsel for applying the Evidence."

(Mr. Adam.) "What did Mary Ann Buxton do?"

"She was waiting in the Garden. Miss Hickson appeared very uncomfortable most of the Time I was giving her her Lesson; and she came to the Window and gave her some sort of Paper; and she went out Once or Twice, and walked about the Garden with her."

"How long before the Elopement was that?"

"It was perhaps Two Days; I cannot say exactly to a Day."

"Do you think it was so short a Time as Two Days?"

"I think it was."

"You say Miss Hickson went out?"

"Yes."

"Whom did she go to?"

"She went round the Garden with her."

"How long were they together upon that Occasion?"

"Perhaps Five or Ten Minutes."

"After that, did she return?"

"She returned, and finished her Lesson, and then I went away."

"Did any thing else happen?"

"I do not recollect any thing else but speaking to her, and her giving her that."

"You have said you did not think it would take place soon, on account of Miss Hickson being so young; what was her Appearance?"

"She appeared to me very young for any thing of that Kind, in her Manners I mean, for I did not know her Age."

"Was her Manner and Appearance childish?"

"She seemed as if she had had a very tender bringing up, and she did appear very childish for her Size."

"Had you formed an Opinion whether she was a forward Girl, or the contrary?"

"I never saw any Forwardness in her, but much the contrary."

"Do you recollect having any other Conversations besides those you have mentioned with Webster before the Marriage?"

"I have heard Will Webster say, that if he could get Thomas Buxton to marry her, it would be a very good Thing."

"Recollect, as to Buxton and Webster, whether any thing was said about whom it would be a good Thing for?"

"I understood him to mean that it would be a good Thing for himself."

"Was the Conversation about Webster, or simply about Buxton; or what Conversation led you to form that Conclusion?"

"William Webster was talking about the Thing, and he seemed as if he was carrying the Thing forward himself."

"Was it from the Conversation Webster and you had, that you formed the Conclusion you have stated?"

"It was."

"You say you had known Buxton for some Time?"

"Yes."

"Are you any thing besides a Music Master?"

"A Coal Merchant."

"Had you Occasion to sell Buxton any Articles?"

"I supplied him Forty Tons of Coals for the Parish, not for himself."

"For what Parish?"

"The Parish of Stenson; he was then Overseer."

"How long ago was that?"

"That is perhaps Three Years since; Three or Four Years."

"What was the Price of those Forty Tons of Coals?"

"Perhaps about Three or Four or Five-and-twenty Pounds."

"Have you been paid for them?"

"Not quite the whole."

"How long was it before Mr. Buxton paid for any Part?"

"Nearly Two Years; but he would receive the Money directly."

"None of it was paid you for Two Years?"

"I got it as I could, a few Pounds from Time to Time. I staid all Night one Time to get a little of it."

"Are you acquainted with the State of Buxton's Circumstances from any other Transactions?"

"His Mother ówed my Brother a good deal; but whether he has got it I cannot tell."

Cross-examined by Mr. Pollock.

"How long have you been a Coal Merchant?"

"About Ten Years."

"How long a Music Master?"

"About Fourteen or Fifteen."

"I presume you do not find teaching Music in that Part of the World so beneficial as you would wish?"

"I was Organist in Derby for Six or Seven Years; and it was by particular Desire I taught Miss Hickson and some other Children. I also taught in Nottingham."

"How long have you taught Miss Hickson?"

"Not a long Time; I cannot say exactly; perhaps Six or Seven Months."

"What did you teach her?"

"To play the Piano Forte."

"What was your charge per Lesson?"

"I had Twenty Pounds a Year for going to the other Brother's, and I supposed I should have the same for going to her; but it was not quite a Year; but I was very handsomely paid for it."

"What were you paid?"

"I am sure I cannot say exactly."

"You were not paid 'till after the Marriage, were you?"

"I was paid before the Marriage."

"You had ceased to give Lessons at the Time that Miss Hickson went away?"

"I ceased, because she was taken away."

"Then was the Marriage of Miss Hickson the Interruption of your Lessons?"

"It was."

"You were then paid beforehand?"

"Yes."

"What were you paid?"

"I forget what it was just now."

"About what; who paid you?"

"Mr. Wayte paid me, her Father-in-Law."

"Who was it requested you to come and give her Lessons in Music?"

"Her Father-in-Law, Mr. Wayte."

"Had Mr. Wilson or Mr. Moore any thing to do with it?"

"I never spoke to either of them in my Life."

"How often used you to go there?"

"Sometimes Twice a Week, and sometimes Once."

"How long used you to remain?"

"Perhaps an Hour or Two, or just as it happened."

"Had you seen Miss Buxton there more than Once?"

"Yes, I had."

"Was she not frequently there?"

"I have seen her Two or Three Times there."

"Were you ever at Buxton's?"

"Many Times."

"What did Buxton's Family consist of?"

"Mrs. Buxton, and Two Daughters, and One Son."

"What Establishment had they; had they any Servants at all?"

"Yes."

"What had they?"

"I have seen One Woman Servant, and a Man Servant, I think."

"What Establishment had Mr. Wayte?"

"I really cannot say; I am sure I do not know his Establishment, for I knew very little of him, further than going to the House."

"Whom did you see there when you went there?"

"I saw Mr. Wayte and his Wife, and their Daughter."

"Did you ever see a Servant there?"

"Yes, Two or Three."

"What Servants have you seen?"

"I have seen Two Maid Servants."

"And a Man Servant perhaps?"

"Yes; I have seen a Man Servant."

"Was it a Livery Servant or a Farming Servant?"

"I did not see a Livery Servant."

"What sort of a House is it which Mr. Wayte occupied?"

"A very respectable House. I believe Mr. Wayte was not in Business at all at the Time; I never saw any thing about the farming at the House."

"What sort of Place did Mr. Buxton live in; was not that a respectable Farm-house?"

"Yes, of course it was."

"Was there any apparent Inequality in Condition between Mr. Buxton and Mr. Wayte?"

"Do you mean from seeing the thing?"

"Did they not live very near each other?"

"Yes, they did not live far off."

"In the same Place?"

"Yes."

"Is it a populous Village?"

"No, not very populous; very few Houses."

"Was there any apparent Inequality in the Condition of Mr. Wayte and Mr. Buxton?"

"If I must speak from what I know myself, I think there was a great deal of Difference, for I must know from the Fact he could not pay my Bill from the Parish; and by the other I was always paid handsomely, and by the other Family too."

"That is not an Answer to the Question?"

"That is an Answer, from what I know of the Two."

"Was there any apparent Difference of Station between Mr. Wayte and Buxton?"

"The one appeared to be a Farmer, and the other to be living independent; he did not appear to have any Business to do, from what I saw."

"Were their Houses about as well furnished?"

"The one was a dirty Hole, and the other was as clean as it could be."

"Which was the dirty Hole?"

"Mr. Buxton's."

"Did you ever visit at Mr. Buxton's?"

"Very frequently."

"Did you ever dine there?"

"I have."

"How often was it; very frequently?"

"Two or Three Times, I dare say."

"Have you ever seen any Neighbour in this dirty Hole, as you call it?"

"I did not mean to say that the House was dirty; but that the Kitchen, and where I had my Dinner, was not very clean."

"Do you mean to represent that the House of Mr. Buxton was a dirty Hole?"

"I mean to say it was very dirty, the Part of it where I was."

"In what Rooms have you been?"

"In all of them, I think."

"What Rooms were there?"

"There were Three bottom Rooms."

"A Kitchen?"

"Yes; and a House-place, and a Parlour."

"Was there any other Sitting-room?"

"No, I think not."

"Do you know how much Land Mr. Buxton rented?"

"No, I do not."

"When were those Coals ordered; in what Year?"

"I am sure I cannot tell you exactly the Date; I could have done if I had known it would be wanted. I should think about 1827; 1826 or 1827."

"What was the Price of them?"

"There were Two different sorts in the Boat; I think about Twenty-five Pounds."

"How much is unpaid of that?"

"There is only a few Shillings; but I got the rest by small Sums at a Time."

"When did you receive the first Payment?"

"A long Time afterwards; I got Five Pounds in perhaps a few Months afterwards. They were sold for Ready Money, and they were to be paid for on Delivery."

"When were you last in Mr. Buxton's House?"

"I am sure I cannot say how long."

"About how long?"

"Perhaps Twelve or Eighteen Months; I cannot say exactly."

"Had you Conversations with William Webster several Times about Mr. Buxton and Miss Hickson?"

"Yes, I had; not many Times about Miss Hickson."

"How many Times?"

"Two or Three Times."

"Did you ever mention this to Mr. or Mrs. Wayte?"

"Never. I had no Idea the Thing was going forward, or I should very soon have done so."

"Even when you were told they would elope?"

"Yes."

"Did you not understand that to have some Connection with Miss Hickson?"

"I thought it would prove to be William Webster and the eldest Miss Buxton, which was then intended. I thought it was some Marriage in the Family; and I thought it was Will Webster and Miss Betsy Buxton."

"Do you mean to say that you had not the slightest Idea of its having any Connection with Miss Hickson?"

"Not at that Time."

"Nor at any Time before the Marriage?"

"Yes."

"When had you any Idea, at any Time before the Marriage, that it had any Connection with Miss Hickson?"

"Because he told me that he thought Buxton would have Miss Hickson."

"You said, I think, that he told you it would be a good Thing?"

"He told me it would be a good Thing."

"And you understood it would be so, for him?"

"I understood so at the Time."

"And you understood he was exerting himself, and was very active in the Business?"

"I did not know that at the Time."

"Did you know from him that he was active in the Business?"

"Not just at that Time."

"When did you think he was active in the Business?"

"After the Marriage."

"Did you know the Reason he had for interfering, until the Marriage was over?"

"No; I did not understand that from him before."

"Had you a Conversation with him about it, from which you collected that he was interfering, until after the Marriage?"

"I do not understand you."

"Did you understand, before the Marriage took place, that he was interfering in the Business?"

"I did not understand that he was interfering, except that he told me that he thought Thomas Buxton would have Miss Hickson."

"Did not he tell you it would be a good Thing?"

"After the Marriage he did; after the Marriage was over."

"How long after the Marriage was it that he said it would be a good Thing?"

"A few Days afterwards; I met him Two or Three Days, perhaps, after; I met William Webster, and he said--"

"That is enough."

Mr. Adam submitted, "That the Witness was to be permitted to proceed in his Answer."

(By a Lord.) "When Webster said that if he could get Buxton to marry Miss Hickson it would be a good Thing, was that said before or after the Marriage?"

"It was said after the Marriage."

(Mr. Pollock.) "I observed you answered that some Time before the Marriage you understood from Webster that he said that if he could get Buxton to marry Miss Hickson it would be a good Thing; is that so?"

"I intended that to have been after the Marriage; it is some Time since, and I wish to give my Evidence as nearly as possible correct; but it is Two Years since."

"Are their Lordships to understand, that the Answer taken down about it being a good Thing was not before the Marriage, but after?"

"I think it was after, but I am not quite sure."

"You say that this Interview when Miss Buxton was present was Two Days before the Marriage?"

"Two or Three Days; I will not be certain."

"Did Miss Buxton come into the Room?"

"No, I think not."

"How did you know Miss Buxton was there?"

"Because she was in the Garden, close to the Window; right opposite the Window where I was giving her a Lesson."

"You used some Expression importing that Miss Hickson's Attention was distracted by Miss Buxton being there?"

"I thought she did not seem to attend. She got up from the Instrument, and went to speak to Miss Buxton, and Miss Buxton came up close to her. I cannot say whether she beckoned to her or not; but she got up, and went to her Once or Twice."

"Where was the Paper given you have spoken of?"

"I think it was through the Window; it was in the Summer-time."

"Did Miss Hickson then get up and walk in the Garden with her?"

"They went out for about Five Minutes, and then she came again."

"This made some Impression upon you at the Time?"

"Not at all."

"You thought there was nothing in Miss Hickson getting up and going out into the Garden?"

"Not at all. I did not know what they were talking about."

"It was no Business of yours to see that she attended to her Lesson?"

"It was my Business to see that she attended to her Lesson."

"Were was her Mother at this Time?"

"In the House-place; the other Parlour."

"You had seen Miss Buxton there Two or Three Times?"

"Yes."

"Had not you seen her in the House?"

"Never but Once."

"Where was she then?"

"She was in the Parlour with her, and came out when I went in; they were there by their Two selves, and she went into the Garden."

(By a Lord.) "Do you know, of your own Knowledge, that Mr. Buxton had received the Money from the Parish for these Coals?"

"I have no doubt of it at all, because he collected the Assessments for the Poor; of course he must have received the Money, or he would not have paid me. He was out of Office at the Time he paid me the Money."

"Did you see whether Miss Hickson took the Paper from the Hand of Miss Buxton?"

"I did not."

"Did you see whether it was written on?"

"I did not see."

"Was any Part of the handsome Payment for your Musical Instructions made after the Elopement?"

"I did not say that Mr. Wayte's was a handsome Payment. Mr. Wayte desired me to make a handsome Charge, and I did. The last Payment was after the Marriage, of course, for she was gone away."

"Did not you expressly state that was before the Marriage?"

"The last Quarter; I was paid by the Quarter."

"How were you paid by the other Mr. Wayte?"

"By the Quarter."

"At what Rate?"

"Five Pounds a Quarter."

"Did not you state that it was Twenty Pounds a Year?"

"Yes."

"And that you were not paid regularly, because you did not complete your Year?"

"I could not complete my Year, because Miss Hickson was taken away; it must have been an odd Time."

"For how many Quarters were you paid?"

"One and a Piece; perhaps a Month or Five Weeks afterwards."

"You stated that you had been paid very handsomely?"

"By the other Mr. Wayte."

"You stated you have been paid very handsomely?"

"I stated that I received Twenty Pounds a Year from the other Mr. Wayte, and that I supposed I was to receive the same from him."

"What did you receive?"

"I cannot recollect."

"Did you receive more than from the other Mr. Wayte?"

"No; less; because I had Three Pupils there, and only One here."

"In proportion you received more?"

"Yes; a little more; not much."

"Have not you stated that you could not tell exactly what you did receive on account of Miss Hickson?"

"I have forgotten exactly what it was."

"Have you forgotten now?"

"I have."

"You know exactly what you received for One Quarter?"

"No, I do not; for there was Music provided as well; I forget what it was that Mr. Wayte paid me."

"Are you to be understood that you do not know that Mr. Wayte paid you Five Pounds per Quarter?"

"I forget what it was; he gave me a few Pounds on Account."

"Have you been paid up to this Time?"

"Yes."

"You have been paid the whole up to this Time?"

"Yes."

"You do not know at what Rate you were paid?"

"I do not. There was only the Remainder of the Thing. Mr. Wayte asked me what he was in my Debt, and I told him, and he paid me."

"Do not you know whether you were paid quarterly or by the Year?"

"I was not paid any regular Sum."

"If you have stated that you were paid by the Quarter, that was not correct?"

"That was for the other Brother."

"If you have stated at any Time that you were paid quarterly, and paid a Quarter, you have stated that which is not correct?"

"I understood you for the other Brother. I expected to receive the same in proportion from this Mr. Wayte as the other Brother."

"Did you receive any thing for the Quarter from the Father-in-Law of Miss Hickson?"

"For the first Quarter, I received a certain Sum on Account, for Music and Lessons."

"Was it left to be settled 'till the End of the Year?"

"There was nothing named about that."

"Have you been paid since that Time?"

"Yes, I have."

"How much?"

"I cannot say how much it was; it is Two or Three Years ago; about Two Years ago, however."

"Do you remember about how much Money you received for teaching Miss Hickson?"

"I think the last Sum was One Pound some odd Shillings, to make the Balance."

"The first was how much?"

"I forget; for there was some Music in it."

"Was it Four Pounds?"

"I am sure I cannot recollect what it was exactly."

"Cannot you recollect exactly?"

"I cannot; for there was some Music that she had."

"Did you ever see Miss Buxton in Mr. Wayte's House, in Mr. Wayte's Presence, in company with Miss Hickson?"

"I think not."

"But you have seen her frequently in the House?"

"Only Once or Twice. I saw her Once in the Parlour, and she came out; as far as my Memory serves me, there was nobody there but Miss Hickson and herself."

"Did you ever see Buxton there?"

"Never."

Re-examined by Mr. Adam.

"If I understood you correctly, you taught the Family of Mr. Wayte's Brother?"

"I did."

"That was a more numerous Family than Mr. Wayte's own?"

"Three Daughters."

"If I understand you correctly, you state that you received Twenty Pounds a Year from Mr. Wayte's Brother?"

"Yes."

"You were to be paid proportionably by Mr. Wayte himself?"

"Of course; because there was only One Daughter, and at the other Place there were Three."

"You taught Miss Hickson for a broken Term; neither a Quarter, nor a Half Year, nor a Whole Year?"

"I do not recollect the Time."

"Do you recollect the Time you went to her?"

"It was the Beginning of June I left off."

"Do you know when it was you went to her?"

"I do not."

"Was it before Christmas, do you think?"

"I am sure I cannot say."

"Mr. Wayte desired you to make a Charge for what he owed you for teaching Miss Hickson?"

"Yes; and I made a Charge, and he paid me."

"What it was you do not recollect?"

"No."

"It was not objected to?"

"There was no Objection made."

"When was it paid?"

"I am sure I cannot say justly."

"How long after the Elopement did Mr. Wayte ask you for your Charge?"

"The next Week."

"Was it paid immediately?"

"Yes; he paid me without any Bill; I made out no written Bill. I told him what was left unpaid, and he gave me what I charged; but I forget what it was."

"You were asked whether what you said about Webster having made a Communication that it would be for his Benefit was before or after the Marriage; now you have had Time to reflect, was that Statement made before or after the Marriage; to the best of your Recollection, when was it?"

"Well, I think it was after the Marriage; I am not quite sure."

"To the best of your Recollection, it was after the Marriage?"

"Yes; it is some Time since, and I did not know about coming here 'till a Week or Two ago."

"You have been asked about Mr. Wayte's Establishment; you say there was a Man; was he a Farming Man; has Mr. Wayte a Farm?"

"He was a Servant."

"You say you dined in the Kitchen at Buxton's?"

"Yes."

"Where did Miss Hickson take her Music Lessons?"

"In the Parlour."

"What Parlour?"

"The best Parlour."

"Is that what you would call the Drawing-room?"

"I suppose you would call it so."

"Of what does the House consist?"

"There is a Parlour, a larger Parlour or Drawingroom, and a House-place."

"Is there a Dining-room?"

"I was never up Stairs."

"Did you ever happen to dine at Mr. Wayte's when you were giving Lessons?"

"Yes."

"Does he dine in his Kitchen?"

"No."

"Do you know that Mr. Wilson occupies a very large Estate?"

"I have heard Persons say so; but I never spoke to him in my Life."

(By a Lord.) "You have decided at last that it was after the Marriage that Webster said this to you?"

"Yes, I think it was."

"What was it he did say?"

"He said, when we were talking of it, that he was a damned Fool; that he had every thing done to his Hands, and the Moment he was left to himself he had been childish; and so it was a very bad thing; and that if it had gone forward it would have been a very good Thing."

"Had it not gone forward?"

"He meant for himself, I suppose; because he paid his Addresses to one of the Sisters, and nothing would come of it."

"Who paid his Addresses to one of the Sisters?"

"William Webster paid his Addresses to Buxton's Sister; and I suppose, from Buxton marrying Miss Hickson, he would have a large Fortune with her."

"Do you know what Webster said?"

"Webster said it would have been a good Thing if it had gone forward right."

"If what had gone forward right?"

"If this Marriage had gone forward right."

"But the Marriage did go forward; was not he married?"

"She was fetched away; and Webster said, he had had every thing done to his Hands, and he turned Fool at the latter Part."

"Was that after the Trial at Lancaster?"

"No; Two or Three Days after Miss Hickson was fetched back."

"Are you quite sure now it was after the Marriage?"

"Yes, I am sure in my own Mind; but I did not like to swear the Thing that was not certain."

"How long before the running away was it that Miss Buxton came and gave this Paper in the Garden?"

"Two or Three Days."

"Was it more than Two or Three Days?"

"I think not."

"Did Miss Buxton give the Paper to Miss Hickson, or Miss Hickson give the Paper to Miss Buxton?"

"Miss Buxton to Miss Hickson."

"Did it appear to be in the Shape of a Letter?"

"It appeared to be in the Shape of a Letter, but I did not see it distinctly; I was at the Pianoforte, at the other End of the Room."

"In one Part of your Evidence you have stated that you had been to teach Miss Hickson, and in returning from thence, at a certain Ferry, you fell in with Webster; and that a Conversation arose there between Webster; and another Man, Fletcher; and that you heard them say, "Damned Fool, "or something as applied to your Observation that you were to return the Beginning of the Week to give further Lessons to Miss Hickson?"

"Yes."

"How can you make out, after that, and the Conversation which Webster held with you concerning the intended Marriage, that you had no Knowledge whatever of an intended Marriage; did it not strike you, in the Conversation, as stated by yourself, that you were called a damned Fool for pretending to go back to teach her the next Week, when she was to be taken away?"

"I meant to say, that to my Knowledge I was in the habit of meeting at Twyford Ferry, as I came from Mr. Wayte's; that is Two or Three Miles further; and I called there for Company Home; but I think I was then going to Stenson. Mr. Fletcher and Mr. Webster were on the Road. I am not sure whether I was going or coming back, but it was one of them; I think it must have been in coming back. He said, "When shall you go to give Miss Hickson another Lesson?" I said, "Tuesday or Wednesday." I was walking a little Way on, and he turned, and said, "A damned Fool." I did not know what he meant by it; but I suppose I was this damned Fool. I said nothing."

"Did it occur to you at that Time what that meant?"

"No. I think on Monday I was going on the Littleover Road, and I met Tom Buxton coming down Babbington Lane with his Sister, well dressed. I said, "Where are you going this Morning; you have got something up?" He said, "I am only going up towards Littleover." He invited me to go to dine at the Nag's Head; and when I got up a little further, I saw Mr. William Webster going up, fast up St. Peter's Parish. I thought there was some Wedding going forward; and when I got up to Devonshire Street, he saw me coming, and he took me down to the Devonshire Arms, to have a Glass of Ale; and he went, and left me in the House, and next Day I heard of this Thing."

"Had you any Knowledge whatever of this intended Marriage before it took place?"

"I had no Knowledge whatever of this intended Marriage, except Mr. William Webster telling me that I should hear something that would surprise me; only that he said the Week before, that he thought Tom Buxton would marry Miss Hickson."

"He had said that before?"

"Yes; but I told him at the same Time, as will appear in my Evidence, that I was positive to the contrary, for she was quite a Girl; that if it did take place he must wait for many Years for it."

"You stated also, that if you had any Knowledge of their intended Marriage you should have told it to Mr. Wayte?"

"I said, if I had thought there had been any thing in it; but I did not hear any thing of it, except what William Webster said; and I did not think any thing of that at all. I had never seen Buxton there."

"Are their Lordships to understand that the Information you had respecting the Marriage was not a sufficient Authority for you to communicate it to the Waytes?"

"It was not."

"Was that your Reason for not communicating it to the Waytes, that you did not think the Information good enough?"

"Yes; it was only Ten Days previous to the Marriage taking place."

"From whom did you imagine Miss Buxton brought the Letter?"

"I did not know."

"Had you not a Suspicion in your Mind?"

"Not the least."

"Had you ever before seen Miss Hickson receive any Letter?"

"No, none at all."

"Could Mrs. Wayte have seen Miss Buxton in the Garden?"

"Not where she was at that Time; for she was in the next Room."

"Did the Garden open into the Street?"

"No."

"Could any body have Access to the Garden, without going through the House?"

"No."

"Did you ever dine at Mr. Wayte's?"

"Yes."

"Did you ever meet any One of the Buxton Family there?"

"No; not to dine there."

"Did you meet some of them in the House?"

"I once saw Mary Ann Buxton in the Parlour, when

"I went to give a Lesson."

The Witness was directed to withdraw.

Then James Lager was called in; and having been sworn, was examined as follows:

(Mr. William Brougham.) "Where do you live?"

"At Highfield."

"Where is that?"

"In the Parish of Etwall, near Derby."

"Is that near Stenson?"

"Within Four or Five Miles."

"Are you acquainted with the Family of Buxton?"

"Yes."

"Have you been long acquainted with them?"

"Not long."

"Did you know them before the Spring of 1828?"

"Yes."

"Were you in the habit of visiting frequently at their House?"

"Yes."

"Very frequently?"

"Yes."

"Do you know Miss Hickson?"

"Yes."

"Did you ever meet her at Mr. Buxton's?"

"No."

"If she had been in the habit of visiting them, should you, from your Intimacy with that Family, have met her, in all probability, there?"

"I should think I might."

"Did you ever hear any thing of Buxton being about to marry Miss Hickson?"

"Yes."

"At what Time?"

"Perhaps a Fortnight before it happened."

"Are you acquainted with William and Erasmus Webster?"

"Yes; I know them."

"Where have you met them?"

"I have met them at Buxton's."

"Did you meet any of them a Week or Two before the Elopement?"

"I met them both the Night before the Elopement."

"Did you meet either of them a Week or Two before it took place?"

"I saw Erasmus Webster there."

"Do you know Edward Fletcher?"

"Yes."

"Did you meet him there a Week or Two before the Elopement?"

"Yes."

"Do you recollect whether Erasmus Webster came to Mr. Buxton's House about a Week or so before the Elopement?"

"Yes."

"What took place upon the Occasion?"

"I do not know; I was in Bed. He came into my Room, and went out again."

"Did he say any thing?"

"No."

"Do you remember, Sunday Evening, the 8th of June, being at Mr. Buxton's?"

"Yes."

"Who was there at that Time?"

"William Webster, Erasmus Webster, Edward Fletcher, Abraham Beale and his Brother."

"What Part of the House were they in; the House, or the Garden?"

"They were in the Orchard."

"What were they doing there?"

"They were drinking and smoking."

"Were you with them?"

"I went to them."

"What took place while you remained?"

"I did not hear any thing which took place; some Part of them left the Company."

"Which of them?"

"Thomas Buxton, Erasmus Webster and William Webster."

"How long did they stay away?"

"For about Half an Hour."

"Did they come back again?"

"Yes."

"Did any thing take place on their Return?"

"Not in my Presence."

"Was Mary Ann Buxton there?"

"Not at the Time I went there; she came in afterwards."

"Were either Webster or Buxton present during any Conversation you had with Mary Ann Buxton?"

"No."

"Do you remember having a Conversation with Buxton very shortly before the Elopement?"

"No."

"Had you any Conversation with him; I mean Thomas Buxton?"

"Yes; I had had a Conversation with him."

"Was that before the Elopement?"

"Not on the Subject of the Elopement."

"Had you any Conversation with William Webster before the Elopement?"

"No."

"Do you remember any thing taking place on the Day of the Elopement between you and Webster?"

"Yes."

"Was this before or after the Marriage?"

"Before the Marriage."

"When was it?"

"Webster came to Mr. Buxton's that Day; he told me that Buxton was gone to Manchester to be married."

"Did he tell you any thing else?"

"Yes; he told me he had sent Buxton there to be married to Miss Hickson, and that he had managed it all through for him; and I asked him if he thought he would get through with it then; and he said, yes, he would; he could not help it."

"Did he say any thing further?"

"Yes; he said he had a Friend in Manchester that would see that they were married at Eight o'Clock in the Morning."

"Who was the Friend?"

"Captain Wild."

"Did he say any thing else?"

"I do not know any thing else."

"Did he say any thing about Letters?"

"Yes; that he had written Letters to Miss Hickson for Buxton."

"Did he mean Love Letters?"

"Yes."

"Did he say any thing more upon that Subject?"

"I do not recollect that he did."

"Did he say any thing about the Banns?"

"Yes; he said he had got the Banns put in."

"Where?"

"At Manchester; and that Captain Wild would see they were married before Eight o'Clock in the Morning."

"Have you had any other Transaction with Buxton?"

"No."

"Or with Webster?"

"Yes; with Webster."

"What were they?"

"He borrowed my Acceptance to a Bill, and said it was for Buxton."

"When was this?"

"It was after the Marriage."

"Did William Webster tell you any thing about the Road they were to take to Manchester, and the Mode in which they were to go there?"

"Yes."

"When was that?"

"He said that his Brother was to meet them with a Carriage on the Littleover Road."

"His Brother Erasmus?"

"Yes; and that they were to go through Mickleover."

"Is that the direct Road from Stenson to Manchester?"

"No."

"It is a bye Road, is it?"

"Yes."

"Did William Webster give any Reason why that Road was to be preferred to the straight Road?"

"That they should evade the Toll Gates."

"Did he give any other Reason?"

"No."

"Did William Webster say that he had written all the Love Letters to Miss Hickson?"

"Yes, he did."

"I believe you had once some Intention of connecting yourself with the Family of Buxton?"

"I do not know."

"Did you change your Views in that respect?"

"Yes."

"Had you ever any Conversation with Buxton respecting William Webster?"

"Yes, I had."

"What was it, and when was it?"

"It was just before they were tried at Lancaster."

"What did Buxton say upon that Occasion?"

"I had been subponaed on the Trial to Lancaster, and Buxton came to my House with Erasmus Webster, and asked whether I had not been subponaed. I told him I was. He asked me what I had to say about it. I told him he would hear when I got to Lancaster."

"Did any thing else pass?"

"He asked me to go to a Public House at Etwall, and Buxton went to the Door; and he asked me whether there had not been something about a Bill between me and Webster; accepting a Bill. I told him there had; and I told him that Webster said the Money was for him; and he said it was not for him. He said he knew nothing at all about it, until after I had been arrested for the Money. He said that Webster was a very great Enemy of his, and a Scoundrel for it; he had been the worst Enemy he had ever had in his Life. And he said that when People used to ask Webster for Money, he used to tell them he was going to get him married to Miss Hickson, and then he should have some Money, and he would pay them all."

"Was that all that Buxton said about the Marriage?"

"Yes; that was all he said, that I recollect."

Cross-examined by Mr. Clarke.

"What are you?"

"A Farmer."

"Are you a Farmer now?"

"Yes."

"Where do you live?"

"I live at Highfield."

"At this Time you were intending to connect yourself with the Buxton Family by Marriage, were you?"

"Perhaps I was."

"With what Member of that Family?"

"Miss Mary Ann."

"When was it that you first began to pay Attentions to Miss Mary Ann Buxton?"

"In the Spring of 1828."

"Was Webster paying his Addresses to her at the same Time?"

"No, not that I know of."

"Did he pay his Addresses to her afterwards?"

"Not that I know of."

"Do you mean to swear that you did not know that Webster was an Admirer of Mary Ann Buxton, and proposed to marry her?"

"No, he did not; that was Miss Buxton."

"How happened it that you did not marry her?"

"It was very much against my Friends Consent."

"Did you have any Quarrel with the Buxton Family upon the Subject?"

"No; I had no particular Quarrel."

"No particular Quarrel?"

"We had no Quarrel whatever."

"Did it create no Coolness?"

"No."

"You are very good Friends then now?"

"For any thing I know; they have left Stenson, now; I do not often see them."

"When you see them, you are good Friends?"

"I do not know when I have seen them."

"Are you good Friends?"

"I have no angry Feeling towards them, and I do not know that they have any towards me."

"Are you, or not, on good Terms with the Buxton Family at this Time?"

"I do not visit them."

"Do you speak when you meet?"

"I do not meet with them; never, hardly."

"Do you speak when you meet?"

"I do not know what I should do if we did meet; I should speak if they did."

"Do you mean to swear you have never met them lately?"

"No."

"Since this Marriage took place?"

"Yes; since the Marriage took place."

"Did you speak, or not?"

"Yes; I spoke to Buxton."

"You were telling us of meeting him at Lancaster?"

"No; I have seen him several Times since the Marriage took place."

"Who was present at the Time you had this Conversation with him at Lancaster?"

"I never had any Conversation with him at Lancaster."

"It was at Etwall that you had this Conversation in which he spoke of Webster being the greatest Enemy he had?"

"Yes."

"Who was present?"

"There was no one exactly present. Erasmus Webster was in the House, but no one was present to hear that."

"He told you Webster was the greatest Enemy he ever had?"

"Yes."

"Were you examined at Lancaster?"

"No."

"Were you taken to Lancaster to be examined?"

"Yes, I was."

The Witness was directed to withdraw.

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

(Mr. Adam.) "Were you the Clerk of the Parish of the Collegiate Church of Manchester, in the Months of May and June 1828?"

"I was."

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

"I do."

"How long have you known him?"

"I knew him the Sunday previous to the first Time of the Publication of the Banns."

"Not until then?"

"No."

"Do you know in what Line of Life he is?"

"He is a Publican."

"What is the Sign of the House he keeps?"

"The White Lion, in Hanging Ditch, Manchester."

"Do you recollect, on the Evening of the 18th of May 1828, Wild with any other Persons coming to your House or Office?"

"Yes; about One o'Clock on Sunday the 18th of May."

"Who was with Wild?"

"Wild, Mr. Thomas Buxton, and a Third Person, whom I did not know."

"Do you know now who the Third Person was?"

"I have heard, William Webster."

"What did they come for?"

"They came for the Purpose of putting the Banns in for Publication."

"State to their Lordships what passed between you."

"Mr. Wild said his Friend wished to enter Publication of Banns; and with that Mr. Buxton stepped forward and said, he wished to enter Publication of Banns for himself and Miss Hickson."

"Did he give the Names?"

"He gave the Names Thomas Buxton and Elizabeth Hickson."

"What did you do?"

"I entered them on a Book I kept for that Purpose."

"Did they state any thing else about their Residence?"

"Nothing else."

"Did you ask any Questions?"

"I asked them no Questions."

"You took down their Names?"

"Yes."

"Did they then go away?"

"Yes; they left my House immediately."

"Was any thing paid?"

"Four and Sixpence."

"Who paid that?"

"Mr. Buxton."

"After Buxton had paid the Money, do you remember Wild saying any thing?"

"Mr. Wild asked me the Quantity of Publications, the Quantity of Persons published on an Average, and I told him from 150 to 180 each Sunday."

"What did he say upon that?"

"He said nothing; he wished me good Morning, and left."

"Do you remember Wild making use of any Expression?"

"None in particular."

"After this Meeting, what did you do with reference to the Publication of Banns?"

"I entered them in the Banns Book kept in the Church."

"Have you got the Banns Book here?"

"I do not know whether it is here or not."

"You entered those Names in the same Shape you had received them from Buxton?"

"The same precisely."

"After you had entered them in the Book of Banns, what was next done?"

"They were published on the following Sunday."

"That would be the 25th of May?"

"Yes."

"After the Publication of the 25th of May, what was done; was it published a Second Time?"

"Yes."

"That would be on the 1st of June?"

"Yes."

"Did you see any of the Parties after the Second Publication?"

"Mr. Wild came to me in the Middle of the Week after the Second Publication."

"I do not ask you what passed; did you offer to do any thing?"

"I offered to accompany him to Church, to shew him that the Parties had been published; but he said he was satisfied."

"Was that for the Purpose of shewing him the Book?"

"Yes; for the Purpose of shewing him that the Parties had been published Twice."

"Did he use any particular Expression?"

"He said he was satisfied, and went away."

"Were the Banns published a Third Time?"

"They were published a Third Time."

"That would be on the 8th of June?"

"Yes."

"Did you see Buxton and Wild upon Monday the 9th of June?"

"Yes; about Half past Ten at Night."

"Where did you see them?"

"They came to me at a Public House in the Churchyard."

"You were at the Public House?"

"Yes."

"What passed?"

"Mr. Wild said his Friend wanted to be married in the Morning, as early as possible. I told him he could not be married before Eight o'Clock; and that he should have come earlier, and given me Notice, that I might have given the officiating Clergyman timely Notice."

"Who was the officiating Clergyman?"

"The Reverend Richard Remington."

"What did they say to that?"

"Mr.Wild said, could not I send a Letter, or communicate to Mr. Remington that his Friend wished to be married; and I wrote a Letter accordingly."

"Was any thing said about a Fee?"

"I told him there was an extra Fee of Five Shillings if they were married out of the usual Time."

"What did he say to that?"

"He said that was a Matter of no Consequence."

"After you had written the Letter, did you send it?"

"I enquired the Time, and found it was so late I did not send it. I said I would try to get a Clergyman from the Grammar School."

"Did any Conversation take place upon that?"

"Mr. Wild said, that he thought if he went with me to Mr. Hordern, as he knew his Father, most likely he would marry them."

"Is Mr.Hordern at the Grammar School?"

"No; he is Librarian to the College. He said he would call upon him next Morning at Eight o'Clock, and I agreed to accompany him to the College."

"Did he come the next Morning?"

"Yes, he did; about Twenty Minutes past Eight o'Clock."

"Did you go down to the College?"

"We went down to the College, and found Mr.Hordern in Bed. I went into his Bed-room, and told him there was a Gentleman of the Name of Wild wanted him to marry his Friend at the Collegiate Church that Morning. Mr. Hordern said he would be down in Half an Hour."

"Did Mr.Hordern come down?"

"He came to the Church in about Half an House; but sent up a College Boy previously, to know whether I thought the officiating Clergyman would be offended; and I sent Word back that I thought he would not."

"After that, do you remember Buxton and any other Persons coming?"

"Buxton, Miss Hickson, and Mr. Wild and his Niece, and Mr. Buxton's Sister."

"What was Buxton's Sister's Name?"

"I believe Mary Ann."

"After they came, did you get the Banns Book?"

"After they came to Church, I got the Banns Book, and transferred their Names from the Banns Book to the Register Book of Marriages. During my doing so, Mr.Wild and Mr. Hordern were walking about the Church in Conversation. After I had entered the Parties, Mr. Buxton signed the Book, and Miss Hickson and Mr.Wild and Miss Mary Ann Buxton, I think, were the others who signed the Book."

"Did the Ceremony take place then?"

"Yes; the Ceremony took place immediately after."

"Solemnized by Mr. Hordern?"

"Yes."

(By a Lord.) "Did the Ceremony take place after they had signed the Book?"

"Yes."

(Mr. Adam.) "Did they sign the Book first, and were they married afterwards?"

"They certainly did; that is the Way it is done in Manchester."

(By a Lord.) "Do you give the Certificate of Marriage before it is solemnized?"

"No, we do not; we give the Certificate of Marriage afterwards; but we permit the Book to be signed. The Certificate is given after the Parties come from the Altar."

(Mr. Adam.) "Is the Certificate given from the Register?"

"Yes."

(By a Lord.) "The Register certifies that the Marriage has been solemnized?"

"Yes."

"Was this done in the same Form as every other Marriage in that Church?"

"That is the Manner in which all Marriages are done at the Collegiate Church."

"The Way in which all Marriages are done?"

"Performed, I mean."

(Mr. Adam.) "Who gave Miss Hickson away?"

"Benjamin Wild."

"What was Miss Hickson's Appearance at that Time?"

"She appeared very young."

"After that, did you see any thing more of the Parties?"

"Mr. Wild paid me the extra Fee, and gave me a Sovereign, and told me to keep the Surplus for myself."

"After that, did you see any thing more of Buxton?"

"I saw nothing more of Mr. Buxton afterwards."

"Do you remember after that, before the Trial at Lancaster, seeing any of the Buxton Family?"

Yes; not of his Family; I saw some of the Parties concerned."

"Whom did you see?"

"I saw Erasmus Webster and William Webster."

"Where did you see them?"

"I saw them at Captain Wild's, at the White Lion."

"Do you remember seeing Buxton's Mother there?"

"I saw her at Lancaster."

"In whose Presence did you see Buxton's Mother?"

"In the Presence of Mr.Wild, William Webster and Erasmus Webster, and Thomas Buxton and Miss Buxton."

"Was that after the Indictment had been found by the

"Grand Jury?"

"It was."

"Had you any Conversation about your appearing as a Witness?"

"We had."

"With whom?"

"With Mrs. Buxton."

"State to their Lordships what that Conversation was."

Mr. Pollock objected to the Question.

Mr. Adam was heard in support of the Question.

(By a Lord.) "Did Buxton hear that Conversation?"

"He did."

"Did he make any Observation upon that?"

"None whatever."

"How do you know that he heard it?"

"He was sitting next to me in the Room."

Mr. Pollock was heard in reply.

The Counsel were informed, "That their Lordships were of Opinion the Evidence ought not to be received."

(Mr. Adam.) "Did you afterwards see Buxton himself down Stairs?"

"I went down shortly below into the Parlour with Mr. Wild and Mr. Buxton."

"After you had gone into this Parlour with Wild and Buxton, had Buxton and you any Conversation?"

"After Mr. Wild left us and went up Stairs, we had some Conversation."

"Who began that Conversation?"

"Mr. Buxton."

"What did he say to you?"

"He said Will Webster had no Business to say any thing against him, for it was his Fault from Beginning to End."

"Had Will Webster been saying any thing against Buxton in your Presence?"

"He said up Stairs, in reply to what Mrs. Buxton said, that it was Buxton had let them all into it."

"Buxton said that Will Webster had no Right to complain of him, Buxton?"

"Yes."

"What further passed?"

"Buxton said, that he had to thank Will Webster for letting them all into it, from Beginning to End; that he should not have thought of marrying but for William Webster."

"Did he say any thing more?"

"I do not recollect any thing further while we were together."

"Did he say any thing as to what had taken place subsequent to the Marriage?"

"He said he had sent down a Writ from London, to be executed on Mr. Moore,-Mr.Ambrose Moore; and that Mr. Webster had gone out and got drunk with the Writ in his Pocket, and given Mr. Moore Time to get out of the Way; and that at last, when it was put into the Hands of the Person to be executed, they very nearly broke his Arm with the Door when he went to execute that Writ."

"What did you say to that?"

"I do not know; I made no Reply to it."

"Was there any thing more passed?"

"I do not recollect; there might have been more."

(By a Lord.) "Did you ask those Persons whether they resided in the Parish, when they came to ask you for the Publication of Banns?"

"I did not; Mr. Nicholls, the Parish Clerk by Purchase, desired me not to ask any Questions."

"Were you his Deputy?"

"Yes."

"He is the Parish Clerk by Purchase?"

"Yes. Unless the Parties told me they were of another Parish, it was not usual to do it there."

"Who receives the Fees?"

"Mr. Nicholls receives the Fees; I received a yearly Salary."

"Did the Clergyman sign the Book before the Marriage, or after?"

"After the Marriage."

"You think Buxton said he should not have thought of marrying but for William Webster?"

"He did."

"Did you understand that he expressed that he had no Affection for this Girl; what was your Impression?"

"My Impression was, that he would never have made any Attempt to marry Miss Hickson, but for his being guided by William Webster."

"Did he say that he had no Affection for the Girl, and that he had acted under the Influence of Webster?"

"No. I recollect his saying, if Miss Hickson wished to be separated from him, he had no Inclination to have her against her Will."

"How did you enter those Persons in your Book?"

"Thomas Buxton and Elizabeth Hickson. The Words, both of this Parish," are printed."

"Those Names you wrote against the Words, "both of this Parish," without making any Enquiry into the Fact?"

"Yes."

"Did you know that the Law requires them to reside within the Parish?"

"Yes, I did; but I have known them told in the Chapter House not to say where they came from."

"By whom?"

"By my Employer, Mr. Nicholls."

"You were Deputy to him?"

"Yes."

"He purchased his Situation, you say?"

"Yes."

"From whom?"

"The Trafford Family."

"A Roman Catholic Family?"

"Yes; he gave Fifteen hundred Pounds for it."

"Therefore the more Marriages there were, the better it was for him?"

"Yes."

"Who receives the Fees?"

"The Fees are divided between the Chaplains and the Parish Clerk; the Two Parish Clerks get a Part."

"Who signs the Entry in the Register Book?"

"That is signed by the Minister."

"Did this young Lady, during the whole of the Ceremony, and during the Signature, appear willing and anxious to get the Marriage performed, or did you see any Reluctance on her Part?"

"There was no Reluctance; I thought she appeared very thoughtless."

"How do you mean thoughtless?"

"Giddy. She did not appear to take much Concern about what she was doing."

"Did she say any thing?"

"No. I did not hear any thing come from her Mouth."

"Did she look very young?"

"Very young."

"Was any Question asked her whether she was of Age?"

"No."

"Is any such Question ever asked?"

"I never heard it asked in my Life."

(Mr. Adam.) "At the Time you did not know Webster, you say?"

"I did not."

"Were you present at the Trial at Lancaster?"

"I was."

"Do you now know, from being present at the Trial at Lancaster, whether William Webster was One of the Persons who came to you to procure the Publication of Banns?"

"I would not like to swear that."

Cross-examined by Mr. Pollock.

"How long have you been the Deputy Parish Clerk at this Church?"

"I was Six Months Deputy Parish Clerk, or thereabouts."

"Do you know that for a short Time there was some Alteration of the Mode of celebrating Marriages there; that Persons were asked Questions?"

"That was the Alteration; they were asked at the Time of their making Entry of the Marriage, whether they were of the Parish or not."

"When did that begin to take place?"

"If I had the Banns Book I could tell; I could refer to the Number that were published."

"Was it before or after this Marriage?"

"After this Marriage."

"Does that continue at the present Moment?"

"It continued up 'till I left. I cannot say whether it continues now or not."

"Do not you know that before that Parties had been asked where they lived, and Directions were given to discontinue the putting those Questions?"

"Parties were certainly asked; they were told that they must answer whether they were of the Parish or not, at the Time of the Entry for Marriage, but not of the Entry for Publication."

"Was any Question at any Time put to the Parties, whether they lived in the Parish or not?"

"Certainly not."

"You say you were told not to put the Question?"

"I was, by Mr. Nicholls."

"Not with regard to any Persons"

"Unless the Parties themselves said they were of another Parish."

"Unless the Parties themselves said they were of another Parish, you were desired generally not to put the Question?"

"I was."

"Is it not notorious in Manchester that no such Question is put?"

"I do not know what is meant by notorious."

"Is not that generally known?"

"Yes, it is generally known."

"Have you not Reason to believe that many Persons come from adjoining Parishes to be married on that Account?"

"I know of many, and there are many that go from Manchester to Prestwich."

"Within your Knowledge, is not the Practice of marrying by Banns published in a different Parish from that in which the Parties reside very common?"

"It was common at the Time I acted as Parish Clerk."

(By a Lord.) "Did not that occur in many other Towns in that Part of the Country as well as Manchester?"

"Yes, certainly."

(Mr. Pollock.) "You mentioned a Conversation in which Buxton spoke of serving a Writ?"

"I did."

"Was it mentioned what that Writ was; was not it a Writ of Habeas Corpus?"

"It was."

"Was it in that Conversation that he said he did not wish to have Miss Hickson, except with her own Consent?"

"It was."

"Did he not desire to have her with her Consent?"

"He did not say any thing about that."

"Did not he say that he had got a Writ of Habeas Corpus for the Purpose of getting Possession of her?"

"He did not say what it was; but it was a Writ for Mr. Moore."

"You did not know what Writ it was?"

"I knew it was a Writ of Habeas Corpus."

"You stated that he said he did not wish to get Possession of Miss Hickson, except with her Consent?"

"He did."

"That was obtaining Possession of her Person?"

"Yes; that was Two Nights previous to the Trial for a Conspiracy."

(By a Lord.) "You said you called the Clergyman out of Bed in the Morning to perform the Ceremony; is it usual for any Clergyman that might not belong to the Church to perform the Ceremony without the Clergyman attached to the Church being made acquainted with it?"

"I have obtained a Clergyman from the Grammar School without the Clergyman officiating having Knowledge of it."

"The Clergyman asked no Questions?"

"Not that I heard."

(Mr. Adam.) "Do you recollect any thing passing between Mr. Hordern and you about Mr. Wild being a Connection of his Family, and that being a Reason why he would do it?"

"Yes; it was Mr. Wild said he had nursed Mr. Hordern on his Knee at his Father's, many a Time."

"Was not it in Consideration of that that Mr. Hordern came down to do it as a personal Favor to Mr. Wild?"

"I really believe it was."

"Did he not appear to feel a great Objection at first, on the Ground of its not being in the ordinary Course?"

"He certainly did."

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 sine Die.

E. of Shrewsbury takes the Oaths.

This Day John Earl of Shrewsbury took and subscribed the Oath appointed to be taken, by the Act of the Tenth Year of the Reign of His present Majesty, by Peers professing the Roman Catholic Religion.

Boydell's Divorce Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Samuel Boydell with Jane Boydell Boydell his now Wife, and to enable him to marry again; and for other Purposes therein mentioned;" and for hearing Counsel for and against the same; and for the Lords to be summoned;

Counsel were accordingly called in:

And Mr. Earle appearing as Counsel on behalf of the Petitioner, and Mr. Tamlyn appearing as Counsel for Mrs. Boydell;

Mr. Earle was heard to open the Allegations of the Bill.

Then Charles North Hunt was called in; and having been sworn, was examined as follows:

(By Counsel.) "Are you an Attorney?"

"Yes."

"Are you acquainted with Mr. Boydell, the Petitioner in this Case?"

"Yes."

"Do you know Mrs. Boydell, his Wife?"

"Yes; I have known her several Years."

"Did you serve on Mrs. Boydell a Copy of the Bill pending in this House, and a Copy of the Order for the Second Reading of it?"

"Yes, I did."

"Where?"

"At her House in the Hornsey Road."

"You saw her?"

"Yes."

"What did she say; did she say any thing?"

"She said she expected it."

The Witness was directed to withdraw.

Then Charles Boydell was called in; and having been sworn, was examined as follows:

(By Counsel.) "Are you the Brother of Mr. Samuel Boydell, the Petitioner in this Case?"

"I am."

"Do you produce an Official Copy of the Procedings in the Consistorial Court of London?"

"No, I do not; they have been produced at the Bar of the House."

"Do you produce an Extract of the Parish Register of Saint Mary, Islington?"

"The Attorney has it, I believe."

(By a Lord.) "Were you present at the Marriage?"

"I was."

(By Counsel.) "Were you present at the Marriage of Samuel Boydell with Jane Boydell Philpot?"

"I was."

"In what Year was it?"

"I believe it was in the Year 1823."

"After Mr. Boydell married his Wife, where did he live?"

"In Chapman Street, Islington."

"How long did he continue to live there?"

"About a Twelvemonth."

"After that, where did he go to?"

"To Ilchester, in Somersetshire."

"What Profession did he carry on?"

"That of an Attorney at Law."

"Was he an Attorney at the Time he married?"

"No, he was not; he was under Articles of Clerkship to an Attorney."

"Did he practise at all in London, or did he commence Practice at Ilchester?"

"He began practising in Ilchester."

"Had you an Opportunity of seeing them both at London and at Ilchester?"

"I had."

"Did you live near them at Ilchester after he went there?"

"Yes, I did; I was under Articles to him at Ilchester."

"Had you an Opportunity of seeing on what Terms he lived with his Wife?"

"I had."

"On what Terms did they live?"

"The most affectionate Terms possible."

"After he had been at Ilchester some Time, do you remember a Person of the Name of Henry George Crocker being articled to him as Clerk?"

"I do."

"Upon that, did you leave the Neighbourhood of Ilchester, and leave Mr. Crocker Articled Clerk to your Brother?"

"About Six Months afterwards."

"Do you remember Mr. Samuel Boydell coming to London, on a Visit to Mr. Lambe, in March 1829?"

"I do."

"How long did Mr. Boydell continue in London upon that Occasion?"

"It was about a Fortnight."

"When he went into the Country, did he take his Wife with him, or leave her in London?"

"He left her in London."

"With whom?"

"Mr. and Mrs. Lambe, at Bethnal Green."

"Are they any Relations to Mrs. Boydell?"

"Uncle and Aunt."

"Had Mrs. Boydell lived with them at any former Period of her Life?"

"She had, I understand, for a considerable Period. I understood she was brought up by Mrs. Lambe."

(By a Lord.) "For what Period was it intended she should remain?"

"I understood, for a Fortnight longer."

"Merely for a Visit?"

"No."

"Not any intended Separation?"

"Oh dear, certainly not."

(By Counsel.) "Shortly after Mr. Samuel Boydell left London, did you, in consequence of some Communication, go into a Room of Mr. Henry George Crocker?"

"No, I did not; I went into one of my own Rooms."

"Did Mr. Henry George Crocker live in your House?"

"He did."

"In consequence of some Information you had received, did you go into your own Room, and find something left by him?"

"I found a Letter."

"Where did you find it?"

"In his Coat Pocket."

"From whom was that Letter?"

"It was from Mrs. Boydell to Henry George Crocker."

(By a Lord.) "Have you that Letter here?"

"It is attached to the Proceedings."

"Mr. Crocker was living with you?"

"Yes."

"What are you by Profession?"

"I am an Attorney."

"Was he living with you as an Articled Clerk?"

"No; I was not then out of my Clerkship; he was lodging at my House while he was at an Office in Gray's Inn."

"Did you search his Coat Pocket in consequence of some Information you had received?"

"Yes, I did."

(By Counsel.) "Did you, in consequence of finding a Letter in the Pocket of Mr. Crocker, write to your Brother, Mr. Samuel Boydell?"

"I did."

"Did he immediately upon that come to London?"

"He did."

"Do you know to whose House he went on coming to London?"

"To Mr. Lambe's, in Bethnal Green."

"Were you present at any Interview between him and his Wife on his coming to London?"

"No, I was not."

"After he had gone to Mr. Lambe's House, to whose House did he go to sleep the Night after his Arrival?"

"To my House."

"After this Period, do you know of Mrs. Boydell having taken Lodgings in Richard Street, Islington?"

"I know that she was in Lodgings there."

"Did you use every Endeavour in your Power to ascertain the Guilt or Innocence of Mrs. Boydell with respect to Mr. Crocker, while she was living in Richard Street, Islington?"

"I did."

"Did you fail to obtain any Information of her Guilt, while she remained there?"

"I did."

"Did you afterwards discover that she had taken a House in the Hornsey Road?"

"I did."

"Did you employ any one to assist you in watching her Proceedings there?"

"I did."

"Who was that?"

"Francis Morris, a Police Officer."

"In consequence of Information that you derived from him, did you go with him to this House in Hornsey Road, where Mrs. Boydell was living?"

"I did."

"At what Time?"

"I went about Six in the Afternoon, and waited 'till Eleven at Night."

"Had you observed any thing particular in the Bedroom of that House?"

"I observed a Female come to the Window, whom I recognized to be Mrs. Boydell."

"Did you upon that take any Steps to get into that Bed-room?"

"Afterwards, we did."

"At what Time did you do that?"

"About Eleven o'Clock or Half past Eleven."

"What were the Steps you took?"

"We got a Ladder and got through, and went into the Bed-room."

"In the Bed-room, who were the Persons you found?"

"Mrs. Boydell and Henry George Crocker."

"In what Situation were they; were they dressed or undressed?"

"They were undressed, with the Exception of their common Night Clothes; they got out of Bed when we entered."

"As soon as this Information had been obtained, was an Action commenced in the Court of Common Pleas?"

"The very next Day."

Cross-examined by Mr. Tamlyn.

"You are the Agent of your Brother?"

"I am now."

"Will you be so kind as tell their Lordships what, from your Knowledge of his Business, are his Annual Profits?"

The Counsel was asked, "In what Way he applied that to the present Question?"

The Counsel stated, "That he might use it in the Course of his Address to their Lordships."

"I should think not more at that Time than Three hundred Pounds a Year."

"How many Clerks has he?"

"None whatever."

"How many has he had?"

"He has had none but myself and Henry George Crocker articled to him."

(By a Lord.) "What Age is he?"

"Two-and-thirty."

(Mr. Tamlyn.) "Has he any Writing Clerks?"

"No."

"How long were you his Agent?"

"Only, I think, Two Months."

"What do you conceive was his Annual Income from his Business at the Time you were articled to him?"

"Much more than now; I cannot tell what it was precisely; perhaps it might be Four hundred Pounds."

(Mr. Earle.) "Do you now produce an Extract from the Parish Register of Saint Mary's, Islington?"

"I do."

"Did you compare it with the Register of Marriages?"

"I did."

(By a Lord.) "Who produced to you the Register?"

"Indeed I do not know; it was the Person who was always there."

"In the Vestry, or where?"

"In the Vestry Room."

The Witness was directed to withdraw.

Then Alfred Lambe was called in; and having been sworn, was examined as follows:

(By Counsel.) "Are you acquainted with Mr. and Mrs. Boydell?"

"Yes."

"Were you present at their Marriage in 1823?"

"I was."

"Had you Opportunities of seeing how they lived together after that Period, for some Time?"

"For about a Twelvemonth."

"Did they visit at your House in 1827?"

"They did."

"Did they visit there again in 1829?"

"They did."

"Upon all Occasions on which you have seen them together, was the Conduct of Mr. Boydell that of an affectionate and attentive Husband towards his Wife?"

"I think decidedly so."

"Do you remember, in 1829, Mrs. Boydell being left to stay at your House on a Visit, when Mr. Boydell returned to Ilchester?"

"Perfectly well."

"After she had staid there some Time, did Mr. Boydell come back?"

"Yes; he came back some Time after that; about a Fortnight, or it might be Three Weeks."

"Were you present at the Interview between Mr. Boydell and his Wife, on his returning from the Country?"

"I was."

"Was the Subject of that Interview with respect to a Letter?"

"It was."

"What did Mr. Boydell request his Wife to do?"

"He wished her to return to Ilchester with him."

"What Answer did she make to that Application?"

"She would not; she refused to return."

"Did Mr. Boydell leave your House to go to his Brother, as was mentioned?"

"He did."

(By a Lord.) "Was a Letter produced by Mr. Boydell?"

"I think there was; the Conversation turned upon this Letter, which his Brother had found, of Henry Crocker."

"Was it stated in the Conversation that it was a Letter from Mr. Crocker?"

"Yes; it had raised his Suspicions."

"In consequence of which he requested she would return with him to Ilchester?"

"Yes."

"She refused to do this?"

"Yes."

(By Counsel.) "After Mr. Boydell had left your House and gone to his Brother, what did Mrs. Boydell do?"

"Mr. Boydell, on finding she would not return to Ilchester with him, applied to me and Mrs. Lambe to allow her to remain. Having heard of this Letter of hers, I was unwilling; but he pressed me very much, and we did allow her to stop till something was settled; that she should stay under Mrs. Lambe's Protection."

"Having consented to allow her to stay under your Roof, after Mr. Boydell was gone, what did she do?"

"Almost as soon as his Back was turned, as soon as he left the House, she got one of the Servants to call a Coach, unknown to myself or Mrs. Lambe; and on the Coach coming to the Door, she went out, and desired one of the Servants to fetch down her Boxes. I went to her, and told her, Mr. Boydell, I knew, would not permit her to go; but without using Force I could not restrain her. I told her, if she behaved in that Way I should not detain her, but she should not take them with her, but I would have the Boxes sent to her Husband; and she went away without the Boxes."

"Did she go away from your House in spite of your Entreaties that she would stay?"

"Yes; and I sent the Boxes to Mr. Boydell's Brother."

"Did she afterwards take Lodgings in Richard Street, Islington?"

"Not to my Knowledge."

"Did you ever see her there?"

"No."

(By a Lord.) "You did not accompany her when she went away?"

"No."

"When did you first hear where she went to?"

"Some Days after."

"Did you then go to visit her at the Place where she was residing?"

"No; I have never seen her since."

"How soon was it after that that she was discovered in the Manner the last Witness has described?"

"In a few Days, I believe."

(By Counsel.) "The Question refers to the Discovery in the Hornsey Road."

"That was a long while after."

(By a Lord.) "You say you did not visit her at the Place to which she first removed?"

"No; I never saw her afterwards."

(By Counsel.) "Was the Conduct of Mr. Boydell attentive towards his Wife?"

"He was remarkably attentive."

"You had visited them frequently after their Marriage, probably?"

"Yes; I have visited them at Islington; in Chapman Street, I think it was."

"After that they went to reside at Ilchester?"

"Yes."

"Did you see them afterwards?"

"In 1827, on a Visit at my House in Bethnal Green."

"Did he treat her with Kindness and Affection while they lived together?"

"Very much so."

The Witness was directed to withdraw.

Then Charles Boydell was again called in, and further examined by the Lords as follows:

"Did you say you examined that Certificate in your Hand with the Register yourself?"

"Yes, I did."

"In the Vestry Room?"

"I did."

"It was produced by a Person attending in the Vestry?"

"Yes."

"Do you know whether he was Parish Clerk, or not?"

"I understood he was Parish Clerk."

"For whom did you ask when you went?"

"The Church happened to be open, and I went into the Vestry, and stated what I wanted."

"You found a Person there attending?"

"Yes, I did. I had previously gone to the Parish Clerk's House, and had been informed he was at the Church."

"In consequence of that, you went to the Church, found the Church open, and went into the Vestry, and found a Person there attending?"

"Yes."

"You looked at the Register, and took a Copy?"

"Yes."

"Is that a correct Copy?"

"Yes."

"In what Parish was it?"

"The Parish of Saint Mary, Islington."

"You were present at the Marriage?"

"Yes, I was."

The Certificate of Marriage was delivered in, and read as follows; viz ^t.

"(Page 261.)

"Marriage solemnized in the Parish of St. Mary, Islington, in the County of Middlesex, in the Year 1823.

"Samuel Boydell, Bachelor, of this Parish, and Jane Boydell Philpot, Spinster, of the same Parish, were married in this Church by Banns, this Twenty-second Day of September in the Year One thousand eight hundred and twenty-three,

"By me, James Smith M.A. Officiating Minister."

"No. 781."

The Witness was directed to withdraw.

Then Ann Lambe was called in; and having been sworn, was examined as follows:

(By Counsel.) "Are you the Aunt of Mrs. Boydell, the Wife of Mr. Samuel Boydell?"

"Yes."

"Was she educated in your House, by you, in part?"

"Yes."

(By a Lord.) "Did she reside in your House for a considerable Time before she was married?"

"Yes."

(By Counsel,) "Did she visit at your House on Occasions after her Marriage?"

"Yes."

"As far as you had an Opportunity of judging, was the Conduct of Mr. Boydell that of an attentive and affectionate Husband?"

"Yes."

"Do you recollect Mrs. Boydell leaving your Husband's House in April 1829?"

"Yes."

"After that Time, did you at any Period call upon her in Richard Street, Islington, at Mrs. Hunter's?"

"Yes."

"Was she residing in Lodgings at that Time?"

"Yes."

"In what Month was that?"

"It was about a Month after she left us."

"She left you in April?"

"It was in May."

"What was your Proposal to her on the Part of her Husband?"

"That if she would live any where where I could see after her, he was willing to see towards her Support, if she would leave the Person she was living with."

"What did she say to that?"

"She said she would not."

(By a Lord.) "Was any Person then present that she was living with?"

"No."

The Witness was directed to withdraw.

Then The Reverend William Presgrave was called in; and having been sworn, was examined as follows:

(By Counsel.) "Are you a Clergyman residing at Ilchester?"

"I am."

"Are you acquainted with Mr. and Mrs. Samuel Boydell; Mr. Boydell the Petitioner on the present Occasion?"

"I am."

"Had you been in the habit of visiting at their House at Ilchester, during the Three Years before the Spring of 1829?"

"I had."

"Had you an Opportunity of seeing the Terms on which they lived together?"

"Many Times."

"On what Terms did they live together?"

"On the most friendly Terms possible; I judged Mr. Boydell to be an indulgent and kind Husband, and never suspected the contrary."

(By a Lord.) "Do you carry that up to the Time he came to Town; up to the last Time you saw them together?"

"Yes."

"Do you say that they were living on the same Terms up to that Period?"

"Yes."

The Witness was directed to withdraw.

Then Charles Boydell was again called in, and further examined as follows:

(By Counsel.) "Have you Reason to believe that Mr. Boydell had no Suspicion of any Connexion between this Person and his Wife, until you communicated that Letter?"

"None whatever."

"Are you satisfied he had not?"

"I am perfectly so."

The Witness was directed to withdraw.

Then Ann Miles was called in; and having been sworn, was examined as follows:

(By Counsel.) "Were you the Servant of Mr. and Mrs. Samuel Boydell?"

"Yes."

"Were you their Servant in the Years 1828 and 1829?"

"Yes."

"That was at Ilchester?"

"Yes."

"Had you Opportunities of seeing the Terms upon which Mr. Boydell and Mrs. Boydell lived together?"

"Yes."

"Upon what Terms did they live?"

"Very comfortable."

(By a Lord.) "Was Mr. Crocker there at that Time; or had he left?"

"He had left."

"Did you observe any Intimacy and Familiarity between Mr. Crocker and your Mistress?"

"No; no more than I thought Mrs. Boydell seemed to be very fond of him, and he of her, but I never saw any Harm."

"They seemed to be very fond of each other?"

"Yes."

"Do you mean improperly fond?"

"No; nothing more than that."

"What do you mean by being very fond; how did it show itself; how did they show their Fondness?"

"Nothing particular, only latterly they seemed fond of each other; nothing particular."

"Are you sure there was nothing improper to Appearance?"

"No; nothing whatever."

The Witness was directed to withdraw.

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

(By Counsel.) "Do you produce an examined Copy of the Record of an Action in the Court of Common Pleas between Samuel Boydell and Henry George Crocker?"

"Yes."

"Did you examine it with the Original in the Office?"

"I did."

"You examined it yourself?"

"I did."

"Is it a true Copy?"

"It is."

The same was delivered in and read, being an Office Copy of the Record of a Judgment in the Court of Common Pleas in Michaelmas Term, in the Tenth Year of the Reign of His present Majesty, in an Action by Samuel Boydell against Henry George Crocker, for Trespass, Assault and Criminal Conversation with Jane Boydell, the Wife of the said Samuel Boydell, for £200 Damages, besides Costs of Suit.

The Witness was directed to withdraw.

Then Charles North Hunt was again called in, and further examined as follows:

(By Counsel.) "Were you the Solicitor for the Plaintiff?"

"I was."

"Have you received the Damages and Costs in an Action of Mr. Samuel Boydell against Henry George Crocker?"

"I have; they were paid by the Defendant himself."

"Have you paid them over to the Plaintiff after deducting the Costs?"

"Yes, I have."

The Witness was directed to withdraw.

Mr. Earle stated, "That the Petitioner was in attendance, in case their Lordships wished to propose any Questions to him."

Mr. Tamlyn was heard on behalf of Mrs. Boydell.

The Counsel were directed to withdraw.

Then the said Bill was read a Second Time.

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 To-morrow; and that the Lords be summoned.

Mildmay'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 Captain Edward St. John Mildmay with Marianne Catherine 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.

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

(By Counsel.) "Do you know Captain Mildmay?"

"I have once seen him."

"Were you acquainted with Mrs. Mildmay?"

"Yes; I have been intimately acquainted with Mrs. Mildmay and her Family between Fifteen and Sixteen Years."

"Did you go with Mr. Warren, the Attorney, to Mrs. Mildmay's Lodgings?"

"I did; I introduced Mr. Warren to Mrs. Mildmay."

(By a Lord.) "At the Time when he went to serve a Copy of the Bill?"

"Yes; being a Friend of Mrs. Mildmay and her Family. I understood that such a Proceeding was necessary; and I thought it would be more delicate that I should introduce him, instead of his going as a Stranger."

The Witness was directed to withdraw.

Then Augustus Warren was again called in, and further examined as follows:

(By Counsel.) "Did you serve a Copy of the Bill and the Order of the House upon the Lady to whom you were introduced by Mr. Whateley as Mrs. Mildmay?"

"I did."

The Witness was directed to withdraw.

Then Francis Clarke was called in; and having been sworn, was examined as follows:

(By Counsel.) "Are you a Clerk in The East India Company's Service?"

"I am."

"Have you the Custody of the Return of the Marriages celebrated in India?"

"I have."

"Will you refer to the Date of the 11th of June 1818, and see whether you find the Return of a Marriage between Captain Mildmay and Miss Sherson?"

"These are the Returns by the Madras Government to the Court of Directors; there is a Register of such a Marriage."

(By a Lord.) "Have you the original Return?"

"It is the original Return in this Country; the original Register remains in India."

"Where was the Marriage?"

"At Chiltoor."

The Witness read the following Entry:

"Chittoor, 11th June 1818.

"Edward St. John Mildmay Esqr. of H. M.'s 22nd Light Dragoons, and Marianne Catherine Sherson Spinster, of this Chapelry, were married at Palmariarry in this Chapelry, (on Licence from The Right Hoñble The Governor of Fort St. George, and according to the Forms and Ceremonies of the Church of England as by Law established,) this Day,

"By me,

(Signed) "Henry Harper, Chaplain.

"This Marriage was solemnized between us, (Signed) Edward St. John Mildmay.

"Marianne Catherine Sherson.

"In the Presence of (Signed) S. Skinner, of the Madras C. S.

"C. Roberts, Madras Civil Service."

The Witness was directed to withdraw.

Then Stephens Wade Henslow was called in; and having been sworn, was examined as follows:

(By Counsel.) "Are you an Attorney?"

"I am."

"Were you concerned for the Defendant, in the Cause of Mildmay against Knapp?"

"I was."

"Are you in Communication with Mr. Knapp, so as to know where he is at the present Moment?"

"I am."

"Is he Abroad, or in this Country?"

"He is in the South of France."

(By a Lord.) "Has he been in England since the Trial?"

"No."

(By Counsel.) "Do you know whether any Pains have been taken to obtain the Amount of the Damages, by the Plaintiff or his Attorney?"

"Yes."

(By a Lord.) "Have they been demanded of you?"

"Yes."

(By Counsel.) "Are you about to pay them?"

"In a Day or Two, I hope we shall pay them."

(By a Lord.) "Have you received Funds for that Purpose?"

"Yes; at least a Power of Attorney for the Sale of Funds is being signed at the present Moment."

"Have you communicated that to the Attorney for the Plaintiff?"

"Yes."

"As far as you know, is that the Reason why further Proceedings have not been taken?"

"Yes."

The Witness was directed to withdraw.

Then The Reverend William Ricketts was called in; and having been sworn, was examined as follows:

(By Counsel.) "What are you?"

"A Clergyman, and a Fellow of Merton College, Oxford."

"Were you acquainted with Captain Mildmay and Mrs. Mildmay?"

"I was."

"How long have you known them?"

"Ever since I returned from India, and even before that."

"Upon what Terms did they live, as to Affection and Comfort, together?"

"Upon the best Terms possible."

"Were you acquainted with them up to the Time when that unfortunate Interruption occurred?"

"I was."

(By a Lord.) "Are you a Relation of Captain Mildmay?"

"I am a First Cousin of Captain Mildmay."

"Did you ever live in the same House with them for any Time?"

"I did not live in the same House with both of them together; I have visited them constantly, and knew them very well."

The Witness was directed to withdraw.

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

(By Counsel.) "Were you a Servant in the Family of Captain Mildmay?"

"Yes."

"In what Capacity?"

"As Footman."

"Were you there in October 1829?"

"Yes."

"How long had you been in the Service at that Time?"

"About Three Months."

"Where was Captain Mildmay in the Month of October?"

"At Southampton."

"Was he living there with his Family?"

"Yes."

"How many Children has he by Mrs. Mildmay?"

"Four."

"Were they living in the House with them?"

"Yes."

"Do you recollect upon any Occasion his being absent for some Time?"

"For a short Time."

"How long was it?"

"Three or Four Days in general."

"On what Occasion was it that he was absent?"

"One Time he went to Lady Mildmay's."

"Do you know whether he went to Ireland about his Regiment, or whether he went to Town to the War Office?"

"He went to Town Twice."

"As far as you understood, was it upon Business?"

"Yes."

"Do you remember, one Evening when he was absent, any thing particular occurring?"

"Yes."

"What was it?"

"On Sunday the 18th of October he left Southampton, as I understood, by one of the Coaches; and that Night there was a Gentleman of the Name of Knapp in the House. I heard something about the House after I was in Bed."

"What did you hear?"

"I heard some Noise; I could not exactly say what, at first."

"In consequence of that, did you endeavour to ascertain what it was?"

"Yes."

"What did you do?"

"I left the Plate down Stairs, which I usually took up in the Bed-room."

"Where did you go?"

"I put on some of my Clothes, and proceeded to the Top of the Stairs, and saw Mrs. Mildmay."

"At what Time of the Night was this?"

"About Half past Eleven or a Quarter to Twelve."

"Can you tell whether Mrs. Mildmay saw you?"

"No, I cannot."

"What did you observe next; what was Mrs. Mildmay doing?"

"She stood at the Nursery Door."

"What did she appear to be doing?"

"Listening."

"Was she there long?"

"No."

"Where did she go to after that?"

"I waited a short Time, expecting she would return to her Bed-room, that I might go down for the Plate, and I heard the Front Door unfastened."

"Who unfastened it; could you tell?"

"No; I could not see that; I was on the Stairs."

"What did you next observe?"

"I then heard the Footsteps of some Person coming up with Mrs. Mildmay; I could hear the Steps of Two Persons."

"Did Mrs. Mildmay go down to the Street Door?"

"Yes."

(By a Lord.) "Did you see her at the Street Door?"

"I did not see her."

(By Counsel.) "You say you saw her listening at the Nursery Door, and after she had listened a short Time at the Nursery Door she moved off; did you remain at the same Place?"

"Yes; a short Time."

"Where was that Place where you were?"

"On the Stairs."

"Were you in a Position in which she could see you?"

"No."

"Did you observe her go from the Door; if so, which way did she go?"

"She went down Stairs."

"Then, she having gone down Stairs, you heard the Street Door open?"

"Yes."

"Had she been gone long enough to get down to the Street Door, when you heard the Door open?"

"Yes."

(By a Lord.) "Then you say you heard the Street Door open, and Two Persons coming up Stairs?"

"Yes."

"Could you ascertain if they went into any Bed-room; and if so, into what Room?"

"Into Mrs. Mildmay's Bed-room."

"What did you do upon that?"

"I proceeded down Stairs to the Front Door, and found the Front Door quite undone, which I fastened."

"Was it open?"

"No; just closed to."

"But not secured?"

"No."

"Had you fastened it yourself?"

"Yes."

"Had those Fastenings been undone?"

"Yes."

(By Counsel.) "Where did you remain during the Night?"

"I proceeded down Stairs to get a Light."

"Did you get one?"

"No; I went up into the Drawing-room, and got a Match Light, and I looked over the House, and I could not see any one."

"Did you go to Bed?"

"No; I remained on the Stairs for some Time, and lighted the Lamp in the Passage."

"And remained on the Stairs?"

"Yes."

"What happened next?"

"Then I heard a Noise in the Room, which I supposed to be the Blinds drawn up in the Bed-room."

"How near were you to the Door of the Bed-room when you heard that?"

"About, it might be, Five Yards from the Door."

"Upon that, what did you do?"

"I remained there for some Time; I suppose it might be Two Hours."

"What next did you see?"

"Then I heard Mrs. Mildmay come to the Door, and unlock the Door; and she came out and looked about."

"What Door?"

"The Bed-room Door."

"Could she see you?"

"No."

"Having looked about, what occurred next?"

"She then proceeded down Stairs, and went down to the Kitchen; and she returned, and I heard her undo the Front Door; she then proceeded up Stairs into the Bed-room, the Bed-room Door remaining open, and Mr. Knapp came out."

"Did you know it was Mr. Knapp then?"

"Yes."

(By a Lord.) "Was Mr. Knapp in the habit of visiting at the House?"

"I never saw him before."

"How did you know Mr. Knapp?"

"He had been pointed out to me frequently."

(By Counsel.) "Did you know his Person, as a Gentleman living in the Neighbourhood?"

"Yes."

"What was he?"

"I cannot say; he lived with his Mother in Southampton."

(By a Lord.) "Was she a constant Resident at Southampton, or only for the Season?"

"A constant Resident, I understood."

"And he lived with her?"

"Yes."

"What Age was he?"

"I cannot say."

"What was his Appearance?"

"I should think he is about Two or Three and Twenty."

"You saw him come out?"

"Yes."

"What did he do?"

"He ran down Stairs, and I proceeded after him."

"Did he see you?"

"Yes."

"Were you standing in the same Place that you were in when Mrs. Mildmay came out?"

"Yes."

"Then how did it happen that Mrs. Mildmay did not see you, and he did see you?"

"I was on the Turn of the Stairs, and the Instant he came out of the Bed-room Door I started round the Turn."

"Did you follow him?"

"Yes."

(By Counsel.) "Did you speak to him?"

"Yes."

"What did he say?"

"I told him he need not run, for I knew him perfectly well."

"What did he say to that?"

"He did not speak; he ran as hard as he could."

(By a Lord.) "Are you quite sure it was Mr. Knapp?"

"Yes, positive."

"Can you swear to it?"

"Yes."

The Witness was directed to withdraw.

Then Mary Ann Tegg was called in; and having been sworn, was examined as follows:

(By Counsel.) "Were you a Servant in the Family of Captain Mildmay?"

"Yes."

"In what Capacity?"

"Mrs. Mildmay's Maid."

"How many Years had you lived in the Family?"

"Eight Years."

"What was the Conduct of Captain Mildmay towards Mrs. Mildmay, as far as you observed?"

"Very kind indeed."

"Was he an affectionate Husband?"

"Particularly so."

"Was he attentive to her?"

"Yes, very."

"On an Occasion in the Month of October last, do you recollect any thing occurring?"

"Yes; I saw Mr. Knapp make his Escape from the House."

"What Time in the Morning was it?"

"About Two or Three o'Clock."

"Where did you see him from; where were you at the Time?"

"In my Bed-room."

"Was there Light enough for you to see him?"

"Yes; quite enough."

"Did you know him?"

"Yes."

"Did you know Mr. Knapp before?"

"Yes."

"How came you to be looking out at that Time in the Morning?"

"I heard a Noise, and I got out of Bed to see what it was."

"What Noise was it you heard, and where?"

"Apparently like some one going down Stairs."

"Could you form any Judgment where the Person went from?"

"No."

(By a Lord.) "Had he a Hat on?"

"Yes."

"What Month of the Year was it?"

"October."

"Where was your Room; how high from the Floor?"

"It is over the Drawing-room."

"Two Stories?"

"Yes."

"How do you know it was Mr. Knapp?"

"I know it was."

"Could you see his Face?"

"No; I saw him so far that I knew it was him."

"How do you know it was he, if you did not see his Face?"

"I knew him so well by his Person."

"Had he been in the habit of coming to the House?"

"No; I never saw him in the House but once."

"What made you so familiar with his Person?"

"I had often seen him in the Town."

"Was there any Lamp lit?"

"No; it was Moonlight."

"Are you sure it was Moonlight?"

"Yes."

"Are you certain it was Moonlight?"

"Quite sure."

"What State of the Moon?"

"It shone very bright."

"On that Side of the Way where your House was?"

"Yes."

"Did he go along that Side, or cross over?"

"He crossed over."

"He crossed directly across?"

"Yes."

"Will you take upon yourself to swear positively it was Mr. Knapp?"

"I will."

(By Counsel.) "Had you ever seen Mr. Knapp with Mrs. Mildmay?"

"Yes, frequently."

"In Captain Mildmay's House, or elsewhere?"

"No; I never saw him in Captain Mildmay's House but once."

"Where was it that you have seen them frequently together?"

"Walking in the Town."

(By a Lord.) "Did that lead you to notice them "particularly?"

"Yes."

"What was there so particular in Mr. Knapp that attracted your Attention?"

"Nothing particular, that I know of."

"What Age was he?"

"About Two or Three-and-twenty."

"Good-looking?"

"Yes."

"Stout made, or slight?"

"Slight."

The Witness was directed to withdraw.

The Counsel was directed to withdraw.

Then the said Bill was read a Second Time.

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 To-morrow; and that the Lords be summoned.

Assizes for West Riding of Yorkshire, Petitions for Removal of, to Wakefield: (Gunthwaite, &c:) Hunshelf & Oxspring:

Upon reading the Petition of the Clergy, Gentry, Freeholders and others, Inhabitants of the Townships of Gunthwaite, Ingbirchworth and Thurlstone, in the Parish of Penistone, in the West Riding of the County of York, whose Names are thereunto subscribed:

Also, Upon reading the Petition of the Clergy, Gentry, Freeholders and others, Inhabitants of the Townships of Hunshelf and Oxspring, in the Parish of Penistone, in the West Riding of the County of York, whose Names are thereunto subscribed:

Penistone & Langsett.

And also, Upon reading the Petition of the Clergy, Gentry, Freeholders and others, Inhabitants of the Townships of Penistone and Langsett, in the Parish of Penistone, in the West Riding of the County of York, whose Names are thereunto subscribed; severally praying their Lordships "to take into their serious Consideration the Recommendation for the Removal of the Assizes and General Gaol Delivery for the West Riding of the County of York to Wakefield, contained in the recent Report of the Law Commissioners, in order to devise Measures for putting it into Execution, and affording to the Petitioners such further Relief in this respect as to their Lordships may seem most expedient:"

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

Slavery, Petitions from West-Melton & Hull for Abolition of.

Upon reading the Petition of the Persons whose Names are thereunto subscribed, being the Minister and Members of the Congregation of Protestant Dissenters of the Independent Denomination at West-Melton, near Rotherham, Yorkshire, including also some Names from Swinton and Bolton-upon-Dearne of other Denominations; praying their Lordships "to take the Subject of Slavery as soon as possible into their most serious Consideration, and adopt such Ways and Means as will soon say to the poor oppressed in all the most distant Parts of His Majesty's Dominions, what is now said at Home to every Briton, "Be free:"

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

Upon reading the Petition of the Minister and Members of the Unitarian Congregation in Hull, and others, whose Names are thereunto subscribed; praying their Lordships, with all practicable Speed, to abolish Slavery in every Portion of the United Kingdom and its Dependencies:"

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

Criminal Laws, Petition from Hull for Amendment of.

Upon reading the Petition of the Minister and Members of the Unitarian Congregation in Hull and others, whose Names are thereunto subscribed; praying their Lordships "to abolish the Punishment of Death for Forgery, and all unlawful Invasions on mere Property, and so proportion Punishment to Crime that it may in all Cases be carried into Effect on those to whom the Commission of Crime shall be satisfactorily brought home:"

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

Disabilities of the Jews, Petition from Hull for Removal of.

Upon reading the Petition of the Members of the Congregation of Unitarian Christians assembling in Hull, and other Friends of Religious Liberty in that Town and Neighbourhood, whose Names are thereunto subscribed; praying their Lordships "to extend the same Principles of Equity recognized to so great an Extent in their Lordships House in the Acts recently passed for the Relief of the Protestant Dissenters on the one Hand, and the Roman Catholics on the other, still further in favor of the Jewish Subjects of the British Dominions; and if any other Restrictions on the Enjoyment of entire Religious Liberty still exist, to blot all such for ever out of the British Statute Book:"

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

Hops, Account respecting, Ordered,

Ordered, That there be laid before this House, "An Account of Hops re-exported in each Year from 1800 to 1829 inclusive, and of the Drawback of Duty paid thereon."

Distress of the Country, Petition from Sudbury respecting.

Upon reading the Petition of the Freemen of the Borough of Sudbury, resident in and about London, whose Names are thereunto subscribed; complaining of the Distress of the Country, and praying, "That their Lordships will adopt such Measures as will relieve the Country from the Grievances arising from the Want of Influence of the People in the Choice of the Members of the Commons House of Parliament:"

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

Port Glasgow Harbour, &c. Bill read 2 a & committed:

Hodie 2^a vice lecta est Billa, intituled, "An Act for improving the Harbour of Port Glasgow, constructing a Wet Dock or Wet Docks adjacent thereto, and for altering the Road leading from Port Glasgow to Glasgow, near the said Harbour."

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

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

Petition against it, referred to the Com ee:

Upon reading the Petition of Jacob Dixon Esquire, Provost of the Royal Burgh of Dumbarton, and one of the individual Burgesses of that Burgh; taking notice of the last-mentioned Bill, and praying their Lordships, "That the same may not be passed into a Law as it now stands; and that he may be heard by himself, his Counsel or Agents, against the said Bill, or such Parts thereof as affect the Interest of the Petitioner; and that the Petitioner may obtain such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet:"

It is Ordered, That the said Petition be referred to the Committee to whom the said Bill stands committed, and that the Petitioner be at liberty to be heard by himself, his Counsel or Agents, against the same, as desired; and that Counsel be heard for the Bill at the same Time, if they think fit.

All Lords added to the Com ee:

Ordered, That all the Lords who have been or shall be present this Session, and are not named of the Committee to whom the said Bill stands committed, be added thereto.

Com ee to appoint a Chairman.

Ordered, That the Committee to whom the said Bill stands committed do appoint their own Chairman.

Population Bill.

Ordered, That the Bill, intituled, "An Act for taking an Account of the Population of Great Britain, and of the Increase or Diminution thereof," be printed.

Macclesfield Waterworks Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for better supplying the Inhabitants of the Borough of Macclesfield, in the County of Chester, with Water, and to establish the Rates payable for the same."

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

It was resolved in the Affirmative.

Message to H.C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Cox and Mr. Eden;

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

Viscount Boyne's Claim, Com ee to meet.

Ordered, That the Committee for Privileges to whom the Petition of Gustavus Viscount Boyne, praying, "That his Right to vote at the Election of Peers of Ireland to sit in the Parliament of the United Kingdom may be admitted by their Lordships," stands referred, do meet to consider of the said Claim on Wednesday next.

Baal's Bridge Bill Specially reported.

The Earl of Shaftesbury reported from the Lords Committees appointed to consider of the Bill, intituled, "An Act for the Improvement of the Shannon Navigation, from the City of Limerick to Killaloe, by rebuilding the Bridge called Baal's Bridge, in the said City;" That the Committee had met, and considered the said Bill, and, in the first place, proceeded to enquire how far the Standing Orders of the House relative to Navigation and Bridge Bills had been complied with, and found that all the said Orders had been complied with, except in the following Particulars; viz ^t. 1st, That no Notices of the Bill had been given in the County Newspaper in the Months of August, September, October or November; but Notice of the Bill was inserted in the Limerick Chronicle Newspaper on the 16th, 19th and 23d of December last, and in the Limerick Evening Post on the 18th, 22d and 29th of December last, (the said Papers being published in the City of Limerick, to which City the Bill relates;) and it appeared to the Committee that the Consent of the Irish Government to transfer the Management of the Shannon Navigation from the Directors of the Inland Navigation to certain Persons to be appointed by this Bill for that Purpose, had not been obtained in sufficient Time to take earlier Proceedings with regard to the said Notices; and also that no Toll is to be taken on the Bridge, nor any private Property to be interfered with; and that the Improvement of the Navigation cannot be effected whilst the old Bridge remains; and also that the Directors General of Inland Navigation are aware of the Necessity of such Improvement, but have not Funds applicable to the Removal of the Bridge, and to the Erection of another; and it was further proved to the Committee that the House of Commons had, under the said Circumstances, permitted the Parties to proceed with their Bill; And, 2dly, That no Estimate of the probable Time within which the Work proposed in the Bill may be completed had been delivered in with the Map and other Proofs deposited with the Clerk of the Parliaments, as required by the Standing Order of the House; but that such Estimate had been produced to the Committee, and proved, by which it appeared that the said Work may be completed in Two Years, unless prevented by inevitable Accident; and that the Committee had gone through the Bill, and directed him to report the same to their Lordships, without any Amendment."

Which Report being read by the Clerk;

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

Galway Canal Bill Specially reported.

The Earl of Shaftesbury reported from the Lords Committees appointed to consider of the Bill, intituled, "An Act for making and maintaining a Navigable Cut or Canal from Lough Corrib to the Bay of Galway, and for the Improvement of the Harbour of Galway;" That the Committee had met, and considered the said Bill, and, in the first place, proceeded to enquire how far the Standing Orders of the House relative to Dock and Canal Bills had been complied with, and found that all the said Orders had been complied with, except in the following Particular; viz ^t. That no Estimate of the probable Time within which the Work proposed in the said Bill may be completed had been delivered in with the Map and other Proofs deposited with the Clerk of the Parliaments, as required by the Standing Order of the House; but that such Estimate had been produced to the Committee, and proved, by which it appeared that the said Work may be completed in Seven Years, unless prevented by inevitable Accident; and that the Committee had gone through the Bill, and directed him to report the same to their Lordships, without any Amendment."

Which Report being read by the Clerk;

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

Courtown Harbour Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act to amend an Act passed in the Fifth Year of the Reign of His present Majesty, for the completing the Harbour of Courtown, near Brenogue Head, in the County of Wexford," was committed; "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Dublin Improvement Bill.

The Earl of Shaftesbury made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act to enable The Commissioners of Wide Streets to widen and improve certain Ways, Streets and Passages in and about the City and County of Dublin; and to amend and extend the Provisions of Two Acts passed in the Forty-seventh and Fifty-seventh Years of the Reign of His late Majesty, for improving and rendering more commodious such Parts of the County and County of the City of Dublin as are situate on the South Side of the River Anna Liffey and West of His Majesty's Castle of Dublin," was committed.

Bayley's Divorce Bill, 2d Reading deferred, & Witnesses to attend.

It was moved, "That the Order made on the 29th Day of May last, "That the Bill, intituled, "An Act to dissolve the Marriage of James Bayley Esquire with Louisa his Wife, and to enable him to marry again; and for other Purposes," be read a Second Time on Monday the 14th of June next; and that Counsel be then heard for and against the same; and that the Lords be summoned," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Ordered, That the said Bill be read a Second Time on Wednesday next, and that Counsel be then heard for and against the same; and that the Lords be summoned.

Ordered, That William Smith and Ann Mathieson do attend this House on Wednesday next, in order to their being examined as Witnesses upon the Second Reading of the last-mentioned Bill.

Margate Pier Co's Account delivered.

The House being informed, "That Mr. Cobb, from the Directors of the Margate Pier and Harbour Company, attended;"

He was called in; and delivered at the Bar, pursuant to the Directions of an Act of Parliament,

"An Account of the Receipt and Expenditure of the Margate Pier and Harbour Company, from the 6th Day of April 1829 to the 6th Day of April 1830, both Days inclusive."

And then he withdrew.

And the Title thereof being read by the Clerk;

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum diem instantis Junii, horâ decimâ Auroræ, Dominis sic decernentibus.