House of Lords Journal Volume 62: 27 April 1830

Die Martis, 27 Aprilis 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Munro & Rose v. Saunders et al.

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

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

Munro & Rose v. Drummond et al.

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

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

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

The House was adjourned during Pleasure.

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

D'Oyly'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 John Hadley D'Oyly Esquire with Charlotte his now Wife, and to enable him to marry again; and for other Purposes;" and for hearing Counsel for and against the same; and for the Lords to be summoned;

Counsel were accordingly called in:

And Mr. Serjeant Spankie appearing as Counsel on behalf of the Petitioner, and no Counsel appearing for Mrs. D'Oyly;

Mr. Serjeant Spankie was heard to open the Allegations of the Bill.

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

(By Counsel.) "I believe you are a Proctor in Doctors Commons?"

"Yes."

"Have you a Copy of this Bill that you served on any body?"

"I served a Copy of this Bill on Mrs. D'Oyly."

"Did you serve it personally upon her?"

"I did; I served her with the Order of the House also."

"Did you compare the Copy of the Notice you served?"

"I did."

(By a Lord.) "What did she say when you served her with the Order of the House?"

"She seemed distressed."

"Did she make any Answer?"

"I had seen her before; no Conversation more than that I stated to her the Nature of the Proceedings, and shewed her the original Order of the House, and left a Copy with her, and produced her a Bill."

"That was all that passed?"

"I think it is, as nearly as I can charge my Memory."

The Witness was directed to withdraw.

Then Henry Seymour Montagu Esquire was called in; and having been sworn, was examined as follows:

(By Counsel.) "You were formerly in India, were you not?"

"I was."

"Were you in Calcutta in the Year 1818?"

"I was."

"Did you know Mr. Hadley D'Oyly?"

"Very intimately."

"Is he the Brother of Sir Charles D'Oyly?"

"He is."

"Who is also in India, or was then?"

"He is."

"Were you present at the Marriage of Mr. John Hadley D'Oyly with Miss Charlotte Thompson?"

"Yes."

"Where were they married?"

"In the Cathedral Church at Calcutta."

"Were they married according to the Rites and Ceremonies of the Church of England?"

"They were."

"By a Clergyman of that Church?"

"Yes."

"Do you recollect who the Clergyman was?"

"The Reverend Mr. Thomason."

"He was One of the Company's Chaplains at that Presidency?"

"He was."

"You quitted India soon after that, did not you?"

"About a Month after that."

"Did Mr. and Mrs. D'Oyly reside as a Married Couple while you remained there?"

"To the best of my Knowledge, they did."

"I believe you signed an Instrument?"

"To the best of my Recollection, I did."

(By a Lord.) "Do you know the Parties to be the same as those referred to by this Bill?"

"Yes, I do."

The Witness was directed to withdraw.

Mr. Serjeant Spankie stated, "That he was in Possession of a Copy of the Certificate of this Marriage; but that being out of the Jurisdiction of the Marriage Act, he presumed it was not necessary."

The Counsel was informed, "That it was not necessary to give further Evidence of the Marriage."

Then The Reverend Thomas Snow was called in; and having been sworn, was examined as follows:

(By Counsel.) "You reside in Dorsetshire?"

"Yes."

"At what Place?"

"At Langton, near Blandford."

"You are related by Marriage to Mr. D'Oyly, are you not?"

"Yes; I married his Sister."

"Since your Marriage, have you been in the habit of Correspondence with Mr. D'Oyly?"

"Yes."

"Did you see Mrs. D'Oyly soon after her Arrival in England?"

"Yes, about Two Months after; she came to my House with her Family."

"In what Year was that?"

"In the Spring of 1826."

"Have you been in the Course of Correspondence with Mr. D'Oyly?"

"Yes."

"From your Connexion, was Mrs. D'Oyly in any Manner recommended to your Care and Attention?"

"Yes, she was; particularly so."

"Did you hear from her, soon after her Arrival, what was the State of her Feelings towards her Husband?"

"Her Expression of Attachment to him was very strong."

"I believe she went to reside in London some Part of the Year 1826?"

"Yes; she went for about Six Weeks in the Spring of 1826, and left her Children with me."

"She went afterwards to reside at Gloucester?"

"That was in the Year 1827."

"In consequence of any Circumstances which had come to your Knowledge, did you go to Gloucester at any Time for the Purpose of seeing her?"

"Yes."

"Did you find that she had been residing at Gloucester?"

"Yes."

"Was she there when you went?"

"No."

"Did you proceed to Malvern?"

"Yes."

"Did you find her there?"

"No."

"In consequence of any Information you received, did you proceed to Leeds?"

"Yes."

"Did you find her at Leeds?"

"Yes."

"Under what Name was she then passing?"

"I do not know."

"Did you see her?"

"Yes."

"Where was she residing?"

"She was residing in a Lodging in Leeds."

"When you saw her, did her Appearance indicate any particular Situation?"

"Yes; she was very large with Child."

"Did she seem to be aware of her Situation, or was any thing stated from which you could infer that she was aware of her Situation?"

"O yes; she acknowledge it to me. Am I to describe the Scene which took place."

"It was a very distressing Scene?"

"Yes, it was."

"Did she acknowledge what that Situation was?"

"She did not in Words; but she concealed herself, and lay on the Ground all the while she was speaking to me."

"Apparently in what State of Mind?"

"In a State of great Agitation; and entreated me to take the Charge of her Children immediately; and desired me to inform her Husband of what had taken place; and that she should never see either him or them again."

"Do you know whether a Letter was written by her at that Time, or about that Time?"

"Yes; she wrote immediately after that to him."

"Do you know Mrs. D'Oyly's Handwriting?"

"Yes."

"You say you have been in the habit of Correspondence with Mr. D'Oyly; did you receive from Mr. D'Oyly, in India, a Letter enclosing in it a Letter in the Handwriting of Mrs. D'Oyly?"

"Yes."

"Look at that." (A Letter being shewn to the Witness.)

"Is that the Letter you received enclosed in a Letter from Mr. D'Oyly?"

"It is."

"During the Period referred to, Mr. D'Oyly continued to reside in India?"

"Yes."

"Have you any Doubt that Mrs. D'Oyly was at that Time with Child?"

"No."

"Both from her Appearance, and what passed?"

"Just so."

"Have you had various Letters from Mr. D'Oyly?"

"Yes."

"You have acted by his Instructions?"

"Yes."

"The Children are now residing with you?"

"Yes."

"Have you any Means of knowing, from what passed under your Observation, whether Mr. D'Oyly, in India, had made Provision for the Maintenance of his Wife during her Residence in England?"

"Yes."

"To what Amount was it?"

"He allowed her £1,000 a Year."

"You left Mrs. D'Oyly at Leeds, and returned Home?"

"Yes."

(By a Lord.) "Is Mr. D'Oyly in a Public Situation in India?"

"Yes; in the Civil Service of the Company."

"It was necessary for him to remain in India?"

"Yes; absolutely necessary."

"What occasioned her returning to England?"

"Her youngest Child was extremely ill; and she had Two other Children obliged to come Home; and her Health likewise was bad; and it was considered expedient that she should return with them, her youngest Child not being above Six Months old when she came."

"She must have left her Husband much more than Nine Months, or even a Twelvemonth, at the Time you saw her at Leeds in the State you describe?"

"About Three Years; more than Two Years."

(By Counsel.) "She arrived in 1825?"

"She arrived in the Spring of 1826."

"At what Time did you see her at Leeds?"

"In the Spring of 1828; Two Years and a Half after she had left Calcutta."

The Witness was directed to withdraw.

Then John Studholme Brownrigg Esquire was called in; and having been sworn, was examined as follows:

(By Counsel.) "You have been in India?"

"I have."

"You were in the Company's Military Service?"

"I was, at one Time."

"And in a high Situation?"

"Not very high. I was Captain in the Army, and held the Office of Secretary to the Military Board."

"You were afterwards a Partner in the House of Palmer and Company, some Years?"

"I was."

"You are now a Partner in the House of Cockerell, Trail and Company, in this City?"

"I am."

"Did you know Mr. John Hadley D'Oyly?"

"I did."

"He is a younger Brother of Sir Charles Hadley D'Oyly?"

"Yes, the same."

"Do you know his Wife, Mrs. D'Oyly?"

"Yes, I do."

"Formerly Miss Thompson?"

"Yes, formerly Miss Thompson."

"When the Family resided in Calcutta?"

"Yes; they did during the Time of their Marriage."

"Had you Opportunities of seeing Mr. John D'Oyly and his Wife?"

"I had."

"How did they appear to live together?"

"Very happily."

"Mrs. D'Oyly continued in India 'till 1825; did she not?"

"I believe she did. I left India myself in the early Part of 1825; and she left India very shortly afterwards."

"Do you know that Mr. John Hadley D'Oyly received an Appointment up the Country, in the Company's Service?"

"Yes, he did."

"How did they appear while they resided in Calcutta?"

"As happy as any married Couple I ever saw."

"And that up to the Time of your seeing no more of them?"

"Yes."

"Do you know whether it would have been convenient for Mr. D'Oyly to have left India at the Time his Wife did?"

"I apprehend it would have been attended with Ruin to him, almost, in a pecuniary Point of view."

"Had you an Opportunity of knowing the Provision he made for Mrs. D'Oyly?"

"Yes; which passed through our House."

"Was it to the Extent which has been stated?"

"I think so; I am not positive as to the Amount."

"To what Amount do you suppose it to be?"

"I cannot precisely say; but from £750 to £1,000 a Year, I think it was."

"From your Knowledge of Mr. D'Oyly's Situation and pecuniary Circumstances, do you think that a proper Allowance?"

"I should consider it a most ample Provision, considering his Circumstances."

The Witness was directed to withdraw.

Then Alexander Melvill Esquire was called in; and having been sworn, was examined as follows:

(By Counsel.) "You were formerly in India, were you not?"

"Yes, I was."

"When did you return from India?"

"In 1822."

"During your Residence in India, did you know Mr. John Hadley D'Oyly and his Wife?"

"Very well."

"You were intimate with them?"

"I was Two Years under the same Roof with him."

"That was before his Marriage?"

"Yes."

"We understand that after his Marriage he had an Appointment up the Country?"

"Yes, he had; about Five hundred Miles up the Country."

"Was Mrs. D'Oyly then living with him?"

"Yes, Mrs. D'Oyly was then living with him."

"I believe, besides your other Opportunities, you resided some short Time as a Visitor with them?"

As a Guest, I was, for a few Days."

"Had you an Opportunity of observing how they lived together as Husband and Wife?"

"Very happily."

"Was Mr. D'Oyly affectionate and attentive to his Wife?"

"Very much so indeed."

"You left India in 1822?"

"I did."

"From the Opportunities you had, that is your Opinion?"

"That is my Impression, that they were a very happy Couple."

The Witness was directed to withdraw.

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

(By Counsel.) "You are Clerk to Messieurs Brundrett and Spinks of the Temple?"

"Yes."

"Were they employed as Attornies in any Action against Mr. Beville?"

"Yes."

"What is that you have in your Hand?"

"An examined Copy of the Judgement in D'Oyly against Beville."

"Have you examined it at the proper Office with the Record?"

"I have."

"Is it a correct Copy?"

"It is."

"It was a Judgement by Default?"

"Yes."

"What was the Amount of the Judgment?"

"The Damages were £1,000."

"Was final Judgment signed?"

"Yes."

The same was delivered in and read, being an Office Copy of a Record of a Judgment in the Court of Common Pleas, in Trinity Term, in the Tenth Year of the Reign of His present Majesty, in an Action by John Hadley D'Oyly against Henry Edward Beville for Trespass, Assault and Criminal Conversation with Charlotte the Wife of the said John Hadley D'Oyly, for £1,000 Damages, besides Costs of Suit.

The Witness was directed to withdraw.

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

(By Counsel.) "You are a Partner in the House of Brundrett and Spinks?"

"I am."

"You were employed to bring that Action?"

"I was, by the Plaintiff."

"Do you know of any Writ of Execution being issued in consequence of that Judgment?"

"Yes, in July last."

(By a Lord.) "Have you a Copy of the Writ?"

"No; that was filed."

"(By Counsel.) "Was there any Payment made in consequence of that?"

"The Sheriff has levied; I shall receive the Money To-morrow. I have received a Letter from the Sheriff, stating that the Money is levied, and that it will be sent To-morrow."

(By a Lord.) "The Writ was issued in July last?"

"No; the final Judgment was in November. The Writ was for £1,121 10s. that the Sheriff has levied. The Writ is not returnable until To-morrow."

"Were you instructed to use your best Endeavours to recover those Damages?"

"I was; I felt it my Duty to do so."

"You followed those Instructions?"

"Yes."

(By Counsel.) "Do you know of any Circumstances which prevented the Execution of the Writ?"

"I was told the Defendant was in France."

"You are told by the Sheriff, who is liable to you, that the Damages have been levied?"

"I have no doubt of it; and I shall receive them Tomorrow."

(By a Lord.) "You shall receive them to keep, that is for your Client?"

"Yes; they will pass only through our Bankers Hands, and I shall appropriate them as directed. The Writ is not returnable 'till To-morrow, or we should have the Money."

"The Sheriff of what County is it?"

"The City of Canterbury, where the Defendant was in the Barracks."

The Witness was directed to withdraw.

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

(By Counsel.) "Where do you reside?"

"At Gresford, in Denbighshire."

"Were you ever in the Service of Mrs. D'Oyly?"

"I was."

"When did you first enter into her Service?"

"In 1825."

"Where was she then?"

"At Kirkleatham, in Yorkshire."

"With Mr. Henry Vansittart and Lady Turner?"

"Yes."

"They are Relations of hers?"

"Yes."

"In what Capacity were you employed?"

"As Nurse."

"Did you reside with her in London, while she was there?"

"Yes."

"Did you go with her to Gloucester?"

"Yes."

"And also to Malvern?"

"I did not go with her to Malvern; I went to her House at Malvern."

"Did you ever see Lieutenant Beville?"

"Yes."

"Was he in the habit of visiting her in Bentinck Street?"

"Yes."

"Frequently?"

"Yes."

"Do you know whether Mr. Beville was related in any Degree to Mr. John D'Oyly?"

"I always understood he was a distant Relation."

"Was Mrs. D'Oyly visited by Mr. Beville's Mother?"

"She was."

"Do you know by whom Mr. Beville was first introduced?"

"By his Mother, I understood."

"Have you seen him there with his Mother?"

"Yes."

"You say Mrs. D'Oyly went to Gloucester; had she a House there, or Lodgings?"

"She was in Lodgings at one Time, and had a House afterwards."

"Did you ever see Mr. Beville there?"

"Yes."

"Did he spend any Time at Gloucester with her?"

"Yes; a Fortnight at One Time."

"How did Mrs. D'Oyly live at Gloucester; did she go into Company, or live recluse?"

"Very recluse indeed; very retired."

"She afterwards went to Malvern?"

"Yes."

"Were you at Malvern with her?"

"No, not at all."

"Were you at Leeds?"

"No."

"When she went from Gloucester, did you observe any thing in her Appearance?"

"Nothing."

"You say Mr. Beville was there a Fortnight?"

"A Fortnight, as near as I can guess."

The Witness was directed to withdraw.

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

(By Counsel.) "Where do you now live?"

"At Wakefield."

"Did you ever reside at Leeds?"

"Yes."

"Did you reside at Leeds in the Year 1828?"

"Yes."

"Do you know now a Lady, Mrs. D'Oyly?"

"Yes."

"I believe you have seen her lately?"

"Yesterday."

"Was she pointed out to you by any body? Was any body with you?"

"Mr. Bayford."

"You were there in the Company of the last Witness also?"

"Yes."

"Was the Lady Mr. Bayford pointed out, and whom you saw with Tracy, Mrs. D'Oyly?"

"The same."

"Had you seen her at Leeds?"

"I have."

"When?"

"In the Year 1828."

Then John Bayford Esquire was again called in, and further examined as follows:

(By Counsel.) "Did you point out Mrs. D'Oyly to Mrs. Kaye Yesterday?"

"I pointed out Mrs. D'Oyly to this Witness Yesterday."

(By a Lord.) "That is the Lady whom you know to be Mrs. D'Oyly?"

"Yes."

The last-mentioned Witness was directed to withdraw."

(By Counsel to Mary Kaye.) "In 1828 you saw this Person at Leeds?"

"Yes."

"Under what Name did you know her at Leeds?"

"Beville."

"Did you know a Gentleman there of the Name of Beville, an Officer?"

"In the 5th Dragoon Guards."

"Did he visit this Lady?"

"Yes, he did frequently."

"In what Character did they appear together?"

"As her Husband."

"Do you know whether they cohabited as Husband and Wife?"

"I believe they did."

"Do you know whether they used the same Bed?"

"They did, to a Certainty."

(By a Lord.) "Did you live in the same House with them?"

"I let them Lodgings."

"You have perhaps seen them in Bed together?"

"Yes, I have."

(By Counsel.) "Have you seen them in Bed together as Husband and Wife?"

"Yes, I have."

"In what State was Mrs. D'Oyly at the Time she was at Leeds?"

"In the Family Way."

"Did she come there in that State?"

"She did."

ile she was there, do you know whether she was delivered of a Child?"

"She was."

"Did Mr. Beville visit her and see that Child?"

"Frequently."

"How did he behave to that Child?"

"Kindly; as the Father."

"Mr. Beville's Regiment quitted Leeds soon after Mrs. D'Oyly's Delivery?"

"It did."

"Did Mrs D'Oyly then quit Leeds?"

"On the same Day."

The Witness was directed to withdraw.

Then John Spinks Esquire was again called in, and further examined as follows:

(By Counsel.) "Was this Gentleman, against whom the Action was brought, an Officer in this Regiment?"

"I did not know any thing of him, but we corresponded with the Under Sheriff, who said he was in the Regiment."

The Witness was directed to withdraw.

The Letter proved by The Reverend Thomas Snow was read as follows:

"Be merciful to me, D'Oyly, for the Sake of your loved and innocent Children; and, if it be possible to you, conceal their Mother's Shame.

"I do not deserve Mercy from you; yet for them I sue, and let it not be in vain. Let them not, on entering the World, have that hardest Trial to struggle with- a Mother's Infamy; but oh! for their dear Sakes, suppress your too just Anger-for the Sake of Him who came into the World to teach us Heaven's holiest Attributes, Mercy and Forgiveness. In His Name, who forgives Sinners, forgive me, and then forget me. I could not wish to meet you again, my injured Husband; I am too unworthy; I should die with Shame. You were always too good for me; but now, oh God! the Consciousness of your Love and Fidelity, and of my Faithlessness, kills me. Only, if it be possible, conceal my Shame, for your Children's Sake, and my poor old Father's; for the Knowledge of his Daughter's Guilt would bring his Grey Hairs with Sorrow to the Grave. I have not neglected your Children, D'Oyly; whatever have been my Faults, they have been minded and cared for. There is never a Night or Morning that even your little Georgy is not taught to pray to God for his absent and dear Father. Leave them yet to me, and trust to a Mother's Love to bring them up in the Paths of Virtue and Religion, with the Assistance of the great God in Heaven, to whom I will pray for Strength to fulfil my Duty to them, and to follow any Plan you will deign to mark out for me. May He incline your Heart to Mercy; and may He support you in the sore Trial your guilty Wife has brought upon you, is my Prayer to Him who shews Pity to the Repentant.

"(Addressed) "Charlotte."

"J. Hadley D'Oyly Esquire.

"Care of Messrs. Palmer & Co.

"Calcutta,

"Bengal."

"(Endorsed) "Pr. Prince Regent."

The Counsel stated, "That he did not consider it necessary to call further Evidence."

The Counsel was directed to withdraw.

Standing Order No. 142 dispensed with on it:

Then the Order of the Day for taking into Consideration the Standing Order No. 142, directing the Petitioner for a Divorce Bill to attend the House on the Second Reading thereof, in order to its being dispensed with on the last-mentioned Bill; and for the Lords to be summoned, was read.

And Consideration being had thereof accordingly;

Ordered, That the said Standing Order be dispensed with on the said Bill.

Bill read 2 a & committed.

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.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Assizes for West Riding of Yorkshire, Petitions from Kirckburton & Kirkheaton for holding, at Wakefield.

Upon reading the Petition of the Clergy, Gentry, Freeholders, Merchants and others, Inhabitants of the Township of Kirckburton, in the West Riding of the County of York, whose Names are thereunto subscribed:

And also, Upon reading the Petition of the Clergy, Gentry, Freeholders, Merchants and others, Inhabitants of the Township of Kirkheaton, in the West Riding of the County of York, whose Names are thereunto subscribed; severally praying their Lordships, "That the Assizes and General Gaol Delivery for the Business of the West Riding of the County of York may in future be held at Wakefield:"

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

Disabilities of the Jews, Petition from Totnes for Removal of.

Upon reading the Petition of the Inhabitants of Totnes and its Vicinity, whose Names are thereunto subscribed; praying, "That their Lordships will take into their benign "Consideration the State and Condition of His Majesty's Subjects being Jews, and the State of the Laws and Statutes which place them beyond the Pale of the British Constitution, and afford them such Relief as to their Lordships shall seem meet:"

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

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House on Thursday the 6th of May next.

Fee Fund of the Court of Session, Account of, delivered.

The Earl of Shaftesbury laid before the House, pursuant to an Address to His Majesty of the 5th Day of this instant April,

"An Account of the Fee Fund of the Court of Session in Scotland, established by the 50 Geo. 3, C. 112, and by the 1st and 2d of His present Majesty, C. 38, showing the Receipts from the Fund, and the Application thereof, from 21st June 1821."

And the Title thereof being read by the Clerk;

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

Criminal Laws, Petitions for Revision of: (Margate:)

Upon reading the Petition of the Magistrates for the Division of Margate, and Bankers and other Inhabitants of Margate, in Kent, whose Names are thereunto subscribed; praying, "That their Lordships will be pleased to enact such Commutation of Punishment for Forgery, in the Place of Death, as shall in their Wisdom seem most fit:"

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

Stockton upon Tees:

Upon reading the Petition of the Inhabitants of the Town and Neighbourhood of Stockton upon Tees, in the County of Durham, whose Names are thereunto subscribed; praying, "That their Lordships, in the approaching Revision of the Laws relating to Forgery, will take into their Consideration the Justice and Expediency of abolishing the Punishment of Death for that Offence:"

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

Darlington:

Upon reading the Petition of the Inhabitants of Darlington, whose Names are thereunto subscribed; praying their Lordships "to revise, at the earliest practicable Period, the Criminal Code of this Kingdom generally, with the view of substituting a Scale and Description of Punishments more in unison with the benign Influences of the Christian Religion;" and further praying their Lordships, "to extend the Time allotted previous to the Execution of such Criminals whose Lives are forfeited to expiate their Crimes, much beyond the lamentably short Period now allowed, so as to afford them a better Opportunity of being prepared to enter upon a future State:"

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

Derby.

Upon reading the Petition of the Bankers, Merchants, Manufacturers and Traders, Inhabitants of the Borough of Derby, whose Names are thereunto subscribed; praying their Lordships, "That for the Security of Property, and the more effectual Furtherance of the Ends of Justice, they would be pleased to enact some milder Punishment than the awful one of Death in every Case of Forgery:"

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

Welsh Judicature, Petition of Magistrates of Anglesey for remedying Imperfections of.

Upon reading the Petition of the Magistrates of the County of Anglesey, Easter Quarter Sessions, 1830, on the Bench assembled, whose Names are thereunto subscribed; praying their Lordships, "That the Imperfections of the Welsh Judicature may be remedied, and that its general Frame may not be abolished:"

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

British Spirits, Petition of Dalkeith Farming Society against Increase of Duty on.

Upon reading the Petition of the Dalkeith Farming Society, and others attending Dalkeith Market, whose Names are thereunto subscribed; praying their Lordships "not to disturb existing Arrangements respecting the Home Manufacture of Spirits by any new Changes, and especially by any Encrease of the present Rate of Duty on British Spirits, without a corresponding one on Rum:"

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

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

Upon reading the Petition of the Seven Incorporated Trades of the Burgh of Stirling; praying, "That their Lordships will throw open the Trade with India and China to all the Subjects of the British Empire, which, in the Opinion of the Petitioners, will restore the Commerce and the Manufactures of our Country to that State of Health and Prosperity from which they have fallen:"

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

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

Accounts Ordered: Exports & Imports:

Ordered, That there be laid before this House, "An Account of the Exports of British Manufactures and Produce, from the Year 1798, inclusive, to 5th January 1814; specifying the Official and Real Value, with the Increase and Decrease in each Year, as the same may be, of the Real as compared with the Official Value, and the Gross Amount:"

"Also, "A like Account of the Exports, from the Year 1814, inclusive, to 5th January 1830:"

Also, "Like Accounts of the Exports of Colonial and Foreign Produce:"

Also, "Like Accounts of the Exports from Ireland:"

Also, "Like Accounts of the Imports for the same Periods:"

Also, "An Account of the Exports of Cotton Goods, from the Year 1814, inclusive, to 5th January 1830; specifying in each Year the Increase or Decrease, as the Case may be, of the Real as compared with the Official Value:"

Also, "An Account of the Exports of Printed Cotton Goods, with the Amount of Duties received and Drawbacks allowed for the same, from the Year 1814 to 5th January 1830:"

Charge for Management of the Public Debt:

Also, "An Account of Money paid or payable at the Bank of England for the Management of the Public Debt in the Year 1829; together with an Account of all the Allowances made by the Public to the Bank, or charged by the Bank against the Public, for transacting any Public Service, in the Year 1829; describing the Nature of the Service, and the Amount charged thereon in the said Year, and including any Sum under the Denomination of House Money or House Expences, and also any Sum under the Denomination of Charges of Management on South Sea Stock, and stating the Aggregate Amount of the whole:"

Public Balances in the Bank:

Also, "An Account of the Aggregate Amount of all Balances of Public Money in the Hands of the Bank, including the Money taken from the Exchequer by the Bank in Exchange for Exchequer Bills deposited at the Exchequer, and including also the Balances of the Accountant General of the Court of Chancery, Unclaimed Dividends and Lottery Prizes, and all other Public Deposits, on the 1st and 15th Days of each Month, for the Year 1829; stating the Average Amount of the whole, made up from the said Days:"

Advances by the Bank to Government:

Also, "An Account of the Amount of Advances made by the Bank of England to Government on Exchequer Bills and all other Securities, including Exchequer Bills, Deficiency Bills, Navy Bills, Victualling Bills, &c. on 28th August 1829 and 28th February 1830:"

Bank Notes in Circulation.

And also, "An Account of the Amount of Bank Notes in Circulation on 26th February and on 26th August, each Year, from 26th February 1819 to 26th February 1830, both inclusive; distinguishing the Amount of Bank Post Bills, the Amount of Bank Notes under £5, and the Amount of Bank Notes of £5 and upwards."

Sir G. Chetwynd's Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting certain Parts of the Real Estates devised by the Will of John Williams Esquire, deceased, in the County of Stafford, in Trustees, in Trust to carry into Execution a Contract entered into for Sale thereof, and to apply the Money arising from such Sale in manner therein mentioned."

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

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

Poore et al. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Edward Dyke Poore Esquire, and others; praying Leave to bring in a Private Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for exchanging a Fee-Simple Estate belonging to Edward Dyke Poore Esquire, situate at Ablington, in the County of Wilts, for an Estate under Settlement, devised by the Will of the late Edward Poore Esquire, situate at North Tidworth, in the same County; and for authorizing the Investment of a Sum of Money in the Purchase of other Lands, to be settled to the like Uses."

Strode et al. Leave for a Bill:

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

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for authorizing the Tenants for Life of certain Estates devised by Richard Strode Esquire to grant Leases of Mines in such Estates, and authorizing the Guardians of Tenants in Tail to grant similar Leases of Mines, and Farming Leases of such Estates; and for authorizing the Sale of certain Parts of the said Estates, and laying out the Monies in the Purchase of other Estates, to be settled to the Uses of the said Will."

Buckle Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of John Buckle Esquire; praying Leave to bring in a Private Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable John Buckle Esquire, or other Committee of the Estate of William Buckle, a Lunatic, for and in the Name and on behalf of the said William Buckle, to consent to the Exercise of a Power of Sale over Estates settled on the said William Buckle for his Life, and which Power is exerciseable with the Consent of the said William Buckle."

Hawkins Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of John Hawkins Esquire and Mary Ann Hawkins; praying Leave to bring in a Private Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for authorizing Leases to be granted of such of the Estates in the County of Cornwall as were devised by the Will of Sir Christopher Hawkins Baronet, deceased, to Christopher Henry Thomas Hawkins, an Infant, during his Life."

Hall Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Benjamin Hall Esquire; praying Leave to bring in a Private Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to authorize the granting of Building and Mining Leases of certain Part of the Estates now subject to the Trusts of the Will of Benjamin Hall Esquire, deceased, and of other Estates which may be hereafter conveyed or settled upon the same Trusts, and also the Appropriation and Grant of other Part of the said Estates for the Erection of a Church."

Berkeley Peerage, The Rev. J. Forshall to attend Com ee with Documents:

Ordered, That The Reverend Josiah Forshall, Keeper of the Manuscripts of the British Museum, do attend this House on Tuesday the 4th of May next, to be sworn, in order to his being examined as a Witness before the Committee for Privileges to whom the Petition of William Fitzhardinge Berkeley to His Majesty, praying, "That His Majesty will be pleased to direct that a Writ of Summons to attend in Parliament be addressed to the Petitioner by the Style, Title and Dignity of Baron Berkeley of Berkeley," together with His Majesty's Reference thereof to this House, and the Report of The Attorney General thereunto annexed, stands referred; and that he do also attend on Wednesday the 5th of May next, and do bring with him the following Documents, (viz ^t) Bib. Cott. Julius, E. 4, No. 6, The History or Pageant of the Life and Acts of Richard Earl of Warwick; Bib. Lansd. No. 882, Historical Account of the Earls of Warwick; in order to their being produced before the said Committee.

Sir J. S. Sidney to be heard by Counsel against above Claim.

Ordered, That Sir John Shelley Sidney Baronet, of Penshurst Place, in the County of Kent, be at liberty to be heard by Counsel before the Committee for Privileges on the last-mentioned Claim, in support of his Petition, presented to the House on the 6th Day of this instant April, against the said Claim.

Logans v. Wright et al.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Walter Logan Esquire and John Maxwell Logan are Appellants, and John Wright, and others, are Respondents:"

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

Barnwell Tithes Bill, Report of the Judges read.

The Report of the Judges, to whom the Bill, intituled, "An Act to commute for Lands and a Corn Rent the ancient Compositions in lieu of Tithes and Glebe Lands payable to the Rector of the Parish of Barnwell Saint Andrew with Barnwell All Saints annexed, in the County of Southampton," was referred, was read.

Berwick Light Dues Bill, The King's Consent signified:

The Earl of Shaftesbury acquainted the House, "That His Majesty, having been informed of the Contents of the Bill, intituled, "An Act for relieving, in certain Cases, Vessels entering or sailing from the Port of Berwick-upon-Tweed from the Duties leviable under Two Acts passed in the Forty-sixth and Fifty-fourth Years of His late Majesty's Reign, relating to the Northern Lighthouses," was pleased to consent (as far as His Majesty's Interest is concerned) that their Lordships may proceed therein as they shall think fit."

Bill reported.

The Earl of Shaftesbury reported from the Lords Committees, to whom the last-mentioned Bill 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."

Wistow Inclosure Bill.

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

Malt Duty, Petition from Cirencester for Repeal of.

Upon reading the Petition of the Farmers and Agriculturists, and others, resident in the Neighbourhood of Cirencester, in the County of Gloucester, whose Names are thereunto subscribed; praying, "That their Lordships will be pleased to take the Petitioners Case into their Consideration, and to pass a Law for repealing the Duties on Malt:"

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

Suits in Equity Bill.

Ordered, That the Bill, intituled, "An Act for further facilitating the Administration of Justice in Suits and other Proceedings in Equity," be read the Third Time on Friday next; and that the Lords be summoned.

Four per Cents. Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for transferring certain Annuities of Four Pounds per Centum per Annum into Annuities of Three Pounds and Ten Shillings or Five Pounds per Centum per Annum."

After some Time, the House was resumed:

And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Haymarket Removal Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for removing the Market at present held for the Sale of Hay and Straw from the Haymarket; and for establishing Markets for the Sale of Hay, Straw and other Articles, in York Square, Clarence Gardens and Cumberland Market, in the Parish of Saint Pancras, in the County of Middlesex."

After some Time, the House was resumed:

And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Com ee on Office of Clerk of the Parliaments revived:

Ordered, That the Select Committee re-appointed in the last Session of Parliament, to consider of the Proceedings had in Execution of the Measures recommended in the Reports of the Lords Committees upon the Office of Clerk of the Parliaments in the Sessions 1824 and 1826, and to report to the House; and to whom certain Instructions were given as to the Arrangement of Books, Papers, the Library, Committee Rooms, Index to the Rolls of Parliament, and Buildings allotted to the Parliament Office, with other Matters relating thereto, be revived; and do meet on Friday next.

Account relative to the Office, referred to the Com ee.

Ordered, That the Account of the further Proceedings had in Execution of the Measures recommended in the Report of the Lords Committees upon the Office of Clerk of the Parliaments in Session 1824, in Continuation of the former Account laid before the House in the last Session of Parliament, laid on the Table on the 12th of February last, be referred to the said Committee.

East Retford Election B..., Com ee on Expences of Witnesses appointed.

Ordered, That the Lords following be appointed a Select Committee to enquire respecting the Expences of the Witnesses on the Bill, intituled, "An Act to prevent Bribery and Corruption in the Election of Burgesses to serve in Parliament for the Borough of East Retford;" and to report from Time to Time as to what it may be proper to do therein:

Their Lordships, or any Five of them, to meet, from Time to Time, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Selling Prices of Coals, Account of, delivered, & referred to the Coal Com ee.

The House being informed, "That Mr. Pearsall, from the Coal Market, attended;"

He was called in; and delivered at the Bar, pursuant to an Order of the 5th Day of this instant April,

"An Account of the Selling Prices of the different Sorts of Coals in the Port of London, on the First Market Day of each Month, from January to December 1829."

And then he withdrew.

And the Title thereof being read by the Clerk;

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

Ordered, That the said Account be printed.

Ordered, That the said Account be referred to the Select Committee appointed to take into Consideration the State of the Coal Trade in the United Kingdom, together with the Duties of all Descriptions and Charges affecting the same, as well in the Port of London as in the several other Ports of the United Kingdom.

Poor Laws (Scotland) Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act for the better Regulation and more strict Administration of the Poor Laws in Scotland;" and for the Lords to be summoned;

Ordered, That the said Order be discharged.

East Retford Election Bill:

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

Counsel were accordingly called in:

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

The last Answer of the Witness given Yesterday was read.

(Mr. Law.) "Are you able to state from Facts within your own Knowledge that he was such an Agent?"

"Only from mere Report."

"Was William Hodson a Voter?"

"He was."

"In what Year was Mr. Osbaldeston elected?"

"In 1812."

"Were any Inquiries made by the Freemen to you on the Subject of Mr. Osbaldeston; by the Voters?"

"By William Hodson and others."

"You stated that Inquiries were made by William Hodson and other Freemen respecting Mr. Osbaldeston?"

"There were."

"Will you state what they were?"

"Inquiring whether he was a Man of Fortune, and whether he would do that which was right, or, otherwise, pay the Freemen, for that is the Meaning of doing what is right."

Mr. Adam objected to the Explanation.

The Witness was directed to state what was said.

(Mr. Law.) "State the Words, as nearly as you recollect them, that were used by the Freemen?"

"Whether Mr. Osbaldeston was a Man of Fortune, and whether he would pay the Freemen the usual Allowances; do what is right is the Term which is used always; whether he would do what was right; whether the Person applying to get chosen would do what was right."

"Were you examined before the House of Commons?"

I was."

"Did you upon that Occasion deliver in any List of the Freemen who were paid in your Presence after the Election of Mr. Osbaldeston?"

"I did."

"Have the goodness to state whether that is the List which you delivered into the House of Commons?" (A List being shewn to the Witness.)

"It is; it is in my Handwriting; the whole of it is in my Handwriting, except the last Word, which is my Clerk's."

"Were all the Persons who are named in that List paid the several Sums of Money set opposite to their Names in your Presence?"

"They were; but One of those Sums I myself paid the Day after; the Son called for the Money for his Father; and that was a Person of the Name of Hartshorn."

"Amongst that List you find a Person of the Name of Hartshorn?"

"He ought to be here, because I paid his Son the next Day."

"Do you find his Name in that List?"

"Yes."

(By a Lord.) "Did you state that they were all paid in your Presence?"

"All but One; that I paid myself; only I paid him a Day or Two afterwards."

(Mr. Law.) "The rest of the Persons were not paid by you, but only in your Presence?"

"Only in my Presence."

"State the Day on which the Payment took place, and where it took place?"

"It took place at the Angel in Retford, but the Day I do not know; some Day, I think, in October, better than Two Years after the Election."

"In October 1814?"

"Yes; but Mr. Pickup, who paid them, is here."

"Who was the Person who paid them?"

"Mr. Pickup."

"Had you Communications with Mrs. Osbaldeston, the Mother of the Candidate, Mr. Osbaldeston?"

"I had."

(Mr. Adam.) "Were they in Writing?"

"I had a Letter or Two in Writing."

(Mr. Law.) "Did you also see that Lady?"

"Several Times, both before the Election and since the Election; but she has been dead some Years now."

"Who produced the Money in the Room at the Angel Inn with which the Freemen were paid?"

"Mr. Pickup."

"Have the goodness to state to their Lordships the Total Amount of the Sums paid on that Day?"

"I do not think it is cast up; it is a long Account."

"Have the goodness to read the List to their Lordships?"

"John Taylor, 19, London Wall, £21; William Leadbeater, £21; Thomas Cutler, £21. John Hutchinson is not crossed under, consequently he did not get the Money; as they were paid I put a Line under them all. Brown, Samuel, £21; Butler, John, £21; Jackson, William Eaton, £10 10s.; Elvidge, William, £21; Bolton, Daniel, £21; Worsley, George, £3, £18; Tanney, John, £19; Dawber, John, £10 10s.; Appleby, Robert, £10 10s.; Cottam, William, £21; Lawrence, Stephen, £3, £18; Haydock, George, £21; Evans, Thomas, £5, £16; Uttley, John, £9 8s., £11 11s.; Lawrence, Thomas, £21; Hodson, William, £21; Watmough, Robert, jun. £5, £16; Nicholson, James Cotton, £21; Buck's Widow, £21. Buck the Voter had died before the Money was paid. Brown, William, jun. £16; Golland, Joseph, £21; Cartwright, William, £21; Cocking, William, £10 10s.; Appleby, Thomas, £10 10s.; Burton, William, £21; Windle, Thomas, £10 10s.; Buxton, Samuel, £10 10s.; Grant, William, £21; Hodson, William, £42; Burton, John, jun. £10 10s.; Willey, Thomas, £21; Hoult, John, £21; Slaney, Bloxom, £21; Cookson, William, £21; Crooks, John, £2, £19; Dean, Isaac, £21; Richardson, John, £42; Leadbeater, Westby, £21; Savage, John, £10 10s."

The Counsel were informed, "That it did not appear to be necessary to go through the Detail of the Names; but that the List being proved by the Witnesses, the Remainder might be read."

The Remainder was read as follows:

"Scott, Joseph, £10 10s.; Bailey, James, £10 10s.; Butler, T., 2 Guineas, £18 18s.; Mason, John, £10 10s.; Watmough, Robert, sen. £16; Cook, George, £10, £11; Windle, John, £10 10s.; Leak, John, £6 6s., £14 14s.; Burton, John, sen. £10 10s.; Gaskin, Thomas, £21; Bower, John, £17 17s.; John Baker, Mansfield, £21; John Baker, Retford, £21; Leadbeater, George, Louth, £21; George Bingham, Clayworth, paid to Samuel Brown, £21; Richards, John, Markham, £10 10s.; Slany, Thomas, £1; Steven Hurst, now of Staveley, near Chesterfield, Derbyshire, £21; Thomas Clark, Clarbro', £10 10s.; Scott, Benjamin, Markham Moor, £10 10s.; paid to William Golland, London, £21; Edward Golland, London, £21; John Hartshorne, Retford, £21; Day, William, Tuxford, £21; Mr. William Brown, £10 17s.; Mr. Genever, £31 16s. 9d.; Miss Cocking, £13 10s.; Mr. Roberts, £20 11s. 9d.; Mr. Sutton, £22 17s. 6d.; Westby Leadbeater, for Oysters, £1 16s.; One Half, 18s."

(Mr. Law.) "Did you know at the Time those Persons were paid that they were respectively Freemen of the Borough of Retford?"

"All that were living; Buck was dead, and I paid the Money to his Widow; all, with that Exception, I think, were Freemen; and Buck was, but he died before the Money was paid; I paid it to his Widow."

"You say that this Payment did not take place 'till October 1814?"

"Yes; about Two Years and better after the Election; the latter End of the Year, I believe in October; but I did not make any Memorandum of the Day of the Month."

"Had you, in the Interval between the Election and the Day of Payment, Applications from any of the Freemen on the Subject of the Money so paid?"

"Several."

"In consequence of such Applications, had you from Time to Time advanced to different Freemen a Portion of the Twenty Guineas?"

"I had; and that accounts for the Observations of the £19 and £3 and so on."

"There is the Name of George Worsley, £3 set opposite to his Name, and £18 carried out?"

"Mr. Pickup paid him £18, and Three he had got of me made the Twenty-one."

"Had you previously paid £3?"

"I had lent Worsley £3 previously."

"Does the same Observation apply to Stephen Lawrence?"

"Exactly."

"I find against the Name of Thomas Evans £5, and £16 carried out; had you advanced £5 in that Instance?"

"I had."

"To John Uttley, £9 8s.?"

"I paid £8 8s. to his Landlord; he threatened to seize; and the rest was in Money; and there was £11 11s. paid."

"Wanting a Shilling?"

"Yes."

"R. Watmough junior, £5; did you advance him that Sum?"

"Yes, I advanced them both £5."

"Robert Watmough senior?"

"I recollect Watmough junior; I advanced him £5, and he received £16."

"He received £16 of Pickup in your Presence?"

"Yes, just so."

"What Sum did you advance, if any, to John Crooks?"

"£2, I advanced him."

"What Sum to George Cook?"

"I advanced him £10."

"Did you advance Six Guineas to John Leak?"

"I did."

"Do you know whether Pickup was himself a Stranger to the Freemen?"

"I believe he was; he was a total Stranger to me, and to the Town, I believe."

"Were you requested to point out the Freemen to him?"

"I was requested to attend a Person who would come down to pay the Freemen; I did not know his Name, nor did I know him 'till I had been some Time in his Company?"

"How was the Attendance of the Freemen procured at the Angel Inn for that Purpose?"

"I of course knew, a Day or Two before, that he was coming down."

"Do you know how the Attendance of the Freemen was procured in the Room to be paid?"

"After One or Two had come in, I requested them to send in their Friends that they knew."

"Before Pickup paid the several Persons, was any Application made to you, as to whether they were the Freemen or not?"

"Mr. Pickup would not have paid them if I had not pointed them out; he was waiting there for the Purpose of paying them; and he knew that I knew them, which he did not. Mr. Pickup did not know them."

(By a Lord.) "How do you know whether he came there for the Purpose of paying them?"

"He told me so there."

(By Mr. Law.) "For what Purpose did you attend?"

"To point out those that were Freemen, and that no Person should take the Money but those entitled to it."

"Was that in consequence of any Application of Pickup to you?"

"He sent for me to the Inn, or came to my House; I am not certain which, it is so long ago."

"Did you receive any Letters in the Interval between the Election and the Payment of the Money?"

"I received a Letter from Mrs. Osbaldeston."

"I speak with reference to Freemen."

"Yes; that a Person would come down to pay the Freemen."

"Have you any Letters you received in the Interval between the Election and the Payment of the Voters?"

"I have, but not in my Pocket. I have some in Town. I have One Letter in my Pocket that I can produce, if necessary."

"On the several Occasions when you paid Money to the several Freemen, did you take any Receipt or Security?"

"From those that I lent Money; I took from One or Two of them Receipts, and from Three or Four more Notes of Hand."

"Have you those Receipts and Notes of Hand?"

"I have, all but One, in my Pocket."

"Will you produce them?"

"Here is One of Robert Watmough, £5."

"Are those the Receipts you received from the Parties themselves?"

"Yes; Receipts and Notes."

"Mr. Adam submitted, "That this could not be read without proving the Handwriting of the Party."

"Mr. Law submitted, "That being delivered by the Party, that was sufficient Evidence."

"The Witness said, "The Body of this was my Handwriting, and witnessed by a young Gentleman, then my Clerk, who is now here, Mr. Carter."

"Have you any other similar Paper to produce?"

"Yes; the next is Robert Watmough."

Mr. Adam submitted, "That these could not be read without the attesting Witness being called."

"The Counsel were informed, "That the attesting Witness must be called, if it was required."

(Mr. Law.) "Do you know a Person of the Name of Joseph Rayner?"

"I do."

"Is he a Person not mentioned in that List?"

"He is not mentioned in the List."

"Did you on the 5th of July 1813 pay any Sum of Money to Joseph Rayner?"

"Yes."

"Was he a Freemen of Retford?"

"I think he was."

"Did you pay him at the Time, supposing him to be so?"

"I did so."

"Had you, at the Time of the Election of Mr. Osbaldeston, a Knowledge of the Freemen at that Time?"

"I believe I knew all that were resident about the Neighbourhood. There were some absent at Manchester, and away, that I did not know."

"Was Joseph Rayner a Person resident at Retford?"

"No; he was living at Nottingham, I think."

"At this Distance of Time, without Reference to Documents, can you state of your own Knowledge, or not, whether Joseph Rayner was a Freeman in 1812?"

"I believe he was."

"Can you state that positively?"

"I so considered him."

"Can you positively state that, one way or the other?"

"I believe he was; no more."

(By a Lord.) "Were you a Freeman yourself?"

"I was not."

"Did you ever attend and see him do any Acts that a Freeman does?"

"No; I never attended any Meetings of the Freemen."

"Did you ever see him vote?"

"No, I did not."

(Mr. Law.) "Did you know a Person of the Name of John Leak?"

"Yes."

"Do you know of your own Knowledge whether he was a Freeman or not?"

"No other than my own Belief."

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

"I do."

"Do you know whether he was a Freeman in the Year 1812?"

"He is in the List of Freemen, and indeed I believe he was."

"Do you happen to know whether he is One of the Petitioners against the present Bill?"

"No, I do not; I never saw the Petition."

"Do you happen to know, one way or the other, how many of the Persons whom you paid in the Year 1814 are still alive?"

"I understand there are some dead, but I do not know how many."

"How many of them do you know to be still alive?"

"I know some of them to be alive, but I do not know how many."

"How many were paid in your Presence?"

"About Sixty-seven."

(Mr. Adam.) "Do you speak to that only by your Book?"

"I only know it from my own Handwriting in that Book."

(By a Lord.) "Did you make that Entry at the Time?"

"I did; as they were paid I scored under their Names."

(Mr. Law.) "Of the Sixty-seven named in that List, do you know how many of those Persons are dead?"

"I believe about Eighteen. I know there are some of them dead; I believe Seventeen or Eighteen."

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

"I did."

"What Situation did he fill at Retford?"

"He was Crier, and attended the Corporation."

"Did he attend as Town Crier?"

"He did."

"Was he a Freeman or not?"

"Yes, he was, as far as I knew."

"Have you been repaid such Monies as you disbursed at the Election?"

"I have."

"By whom were you paid?"

"In the Account between Mrs. Osbaldeston or Mr. Osbaldeston; in my Account of Monies I received."

"By what Persons were you paid the Sums you had laid out?"

"By the Money coming into the Hands of our Bankers from Mrs. Osbaldeston and Mr. Osbaldeston; I drew them out of our Bankers at Retford."

"You have stated that you knew Mr. Hartshorne?"

"I did; his Name is here."

"Do you know whether he was a Freeman of Retford, or not?"

"I only believe it; I never saw his Admission or any thing of the kind. He was so esteemed."

"Did you pay that Party any Sum of Money?"

"I paid his Son Twenty-one Pounds."

"On whose Account?"

"On his Father's Account. He came to my Office to request the Election Money."

"Is he alive?"

"He is not; he is dead. A few Days after I had paid him the Money I met him in the Street, and told him his Son called for the Election Money; and he said, "Yes; I sent him for it."

"Did you know Thomas Butler at Retford?"

"Yes."

"Do you know whether he is at present a Freeman of Retford?"

"I believe he is living."

"Do you know whether he is a Freeman?"

"He has himself told me that he was a Freeman."

"Was he one of the Parties examined before the House of Commons, do you know?"

"I do not recollect that."

"Did you meet him there?"

"No; I did not see him at all."

"Can you procure the Letters you have mentioned?"

"I can; I can bring them down To-morrow, or any other Day."

Mr. Law requested, "That the further Examination of this Witness might be postponed, to enable him to put in an authentic List of the present Voters at Retford, to found Questions upon that."

Mr. Adam was asked, "Whether he wished to crossexamine the Witness at present, or to postpone it."

Mr. Adam stated, "That he should wish to put some Questions at the present Time."

Cross-examined by Mr. Adam.

"Those Payments took place in 1813?"

"Some did, after the Election, and before the Day of Payment of the Freemen."

"Some in 1814?"

"I think there are One or Two."

"How long had you resided in Retford before the Year 1813?"

"I have resided in Retford and the Neighbourhood Thirty-five Years."

"How long in Retford?"

"About Four-and-twenty Years."

"In the Town of Retford?"

"Yes; I lived in the Town of Retford, and Worksop, Thirty-five Years; and I have been in Retford about Twenty-five Years from this Time."

"How long did you live in the Town of Retford before the Year 1813?"

"From about the Year 1795 or 1796."

"In the Town of Retford?"

"I lived at Worksop and Retford; I think I have been about Twenty Years an Inhabitant of Retford."

"Have you been Twenty Years a Resident from this Time in the Town of Retford?"

"Yes, I have."

"Are you sure of that?"

"Yes, I am, because I made a Purchase in 1812."

"How long before that Purchase had you come to Retford?"

"About Three Years."

"Had you ever attended at any Election?"

"But One; that of 1812; no other I ever attended to."

"You yourself are not a Freeman?"

"I am not."

"Have you carried on Business as an Attorney at Worksop?"

"Yes, all my Life; ever since I was Twenty-four Years of Age."

"Did you serve your Clerkship there?"

"Part of it."

"Where did you serve the prior Part of your Clerkship?"

"In London."

"With whom?"

"With a Mr. Vaughan."

"Where did Mr. Vaughan reside?"

"In the Borough, High Street."

"How many Years did you serve with him?"

"I was articled for Five Years; and I think I was Three Years with him and Two Years at Worksop."

"How came you to separate from Mr. Vaughan?"

"Mr. Vaughan went away from Retford."

"I understood Mr. Vaughan carried on his Business in High Street, in the Borough of Southwark?"

"When I was articled to him, he did."

"Did you serve him Three Years there?"

"No."

"How came you to part with him?"

"I did not part with him; he went down to Worksop, and I went with him."

"Did you continue to serve your whole Time?"

"Mr. Vaughan left the Practice, and I continued with his Partner."

"Had he made his Fortune, and did he retire from Business to enjoy it?"

"He went to live at Frome, and he is since dead."

"Do you know that he went to live at Frome?"

"Yes, for I had Correspondence with him."

"Do you know how long he continued to reside in Somersetshire?"

"No; he has been dead many Years. Since I was admitted, which was 1782, I have had very little Correspondence with him."

"Do you know how long he continued to reside at Frome?"

"No, I do not."

"Do you know whether he continued to reside in England?"

"I never knew him to reside anywhere else."

"Did you ever have any Letters from him?"

"No, not for many Years, I think, since I was out of my Clerkship in 1782; perhaps the Year before I was out of my Clerkship I had a Letter from him."

"The Letter you have not got?"

"Oh no."

"It is destroyed, I suppose?"

"It may be among the Papers in my Office."

"Do you know whether it was a Ship Letter?"

"No; it came regularly by the Mail."

"So would a Ship Letter, if you were residing at Retford?"

"There were no Marks upon it to shew it a Ship Letter."

"Had you subsequently to that any Letter from Mr. Vaughan?"

"No."

"And you do not know where he went to reside?"

"He went to Frome."

"I mean from Frome?"

"I do not know."

"What was his Partner's Name who succeeded him in the Business?"

"William Clark."

"Mr. Vaughan, I suppose, retired voluntarily from his Practice at Retford?"

"I do not know his Motive for going away."

"Do you happen to know whether he retired from his Profession at Worksop voluntarily, and on his own Account?"

"I believe so; I do not know any thing to the contrary."

"Did he go to Frome through London?"

"That I do not know."

"Do you know who accompanied him?"

"His Wife did."

"Any body else?"

"Not any body that I know of."

"Do you remember any Stranger coming to visit him shortly before he went away?"

"No, I do not."

"Did you continue to serve your Clerkship with Mr. Clark?"

"I did; the Remainder of my Term; about Two Years, I think."

"After that you set up in Business for yourself?"

"I went to London then, and was admitted in 1782, and practised in London Twelve Years."

"Do you remember an Action that was tried at any Time, the Parties to which were Mellish and Rigby?"

"No; Rankin; I recollect that very well."

"That was a Question about a Will?"

"A Question which Will was the true and right Will. There were Two Wills; a Will of 1774 and a Will of 1780, I think; but I am speaking from Recollection of nearly Fifty Years ago."

"Did that Trial take place while you were in Worksop?"

"No; I was in London."

"Had the Wills either of them been made in Mr. Clark's Office?"

"I think the Will of 1780 was made by Mr. Clark, I believe at Doncaster, where Mr. Mellish lay ill, at Mr. Bowers', a Surgeon at that Time of Day."

"Mr. Clark you think made Mr. Mellish's Will at Doncaster?"

"I believe he did; but I was not a Witness to it."

"Were you a Witness in the Cause?"

"I was; I went to London, to the Bankers, Smith and Wright's, where the Will was deposited, to bring it down; and Mr. David Barton Fowler, then of the Exchequer Office, went with me to Mr. Wright's; and I took down the Will into the Country."

(By a Lord.) "Were you a Witness in the Cause?"

"I was, for the Production of the Will."

(By Mr. Adam.) "You produced the Will?"

"Yes; I went to London for it."

"Were any particular Questions put to you respecting it?"

"I think it was, where I found that Will; and my Answer was, that it was brought by One of the Clerks of the Bank from their Depository, and put into my Hands."

"Was there any Doubt as to the Authenticity of the Will, whether it was the Will which Mr. Mellish had actually executed?"

"I am sure it was, for I knew his Handwriting."

"Was there no Question in the Cause touching the Authenticity of that Will?"

"Not to my Knowledge."

"Was there no Question as to whether the Will which was produced at the Trial was the same Will Mr. Mellish had actually executed?"

"No, there was not. There was this Will of 1774 found at Home amongst his Papers, and this Will of 1780 was found at the Banker's in London; and the Will of 1780 appeared to be a Duplicate of another Will, because it set forth, that he had executed that Will and Counterpart. The Counterpart of that Will was also found among his Papers, but it was found cancelled. One of the Witnesses to that Will swore that there was no other Will executed by Mr. Mellish; but on the Production of the Counterpart it appeared there were Two executed, both bearing the same Date. This Trial is published."

"Was the Verdict of the Jury for the Party who called you as a Witness?"

"The Question was upon the Will of 1780, which was found cancelled; there was a Memorandum there in Mr. Mellish's Handwriting."

The Counsel were informed, "That it appeared to be useless to pursue the History of this complicated Cause."

(Mr. Adam.) "You have talked of a List you have produced yourself; you say there are Sixty-seven Names upon that?"

"I think there are Sixty-seven or Sixty-eight."

"How do you know that any of those Persons are Freemen?"

"I only know it by such Report from the Freemen, and from paying them the Money, and besides their calling upon me."

(By a Lord.) "Did they state themselves to be Freemen?"

"Yes."

(Mr. Adam.) "Which of the Persons whose Names are in that List called upon you as a Freeman?"

"William Hodson, for One; John Richardson I have seen several Times."

"Do you mean to state that he called upon you?"

"I do not mean that he called at my House. He is now living."

"Did Richardson call upon you anywhere?"

"He came to the Angel Inn, and took his Forty Guineas."

"You say that some of those Persons called upon you as Freemen; where did Richardson call upon you?"

"I have seen him in the Town. I do not know that I ever saw him in my House, for I had nothing to do with him; but he came to the Angel Inn, and took his Forty Guineas. He would not have had it if I had not supposed he was a Freeman."

"All you know is that he came to the Angel Inn?"

"I have seen him in the Town. When I was examined, after I returned from being examined in the Commons, he overtook me in the Street; I did not at first remember him. He said, "Mr. Hannam, I understand that you have been saying that you paid me Forty Guineas." I said, "What is your Name?" He told me; and I said, "No; I only said I saw you paid;" and he walked away."

"Are those all the Facts that you have to shew that Mr. Richardson is a Freeman?"

"These are the Facts. I believe him to be a Freeman."

"Have you any other Facts to state to their Lordships as a Ground of your Belief of his being a Freeman?"

"I have no other Fact of his doing."

The Counsel were asked, "Whether they thought it worth while to pursue this Examination, when the Fact who were Freemen was intended to be proved by another Witness."

Mr. Adam stated, "That he would postpone his further Examination on this Point for the present."

Examined by the Lords.

"Are you in Business now?"

"I am."

"Have you any Partner?"

"I have my Son with me, called a Partner."

"Is your Son a Partner?"

"He is so reckoned. We have no Articles of Partnership between us; but I consider that he is my Partner."

"You have no Articles of Partnership signed?"

"None."

"In point of Confidence you repose strict Confidence in him?"

"I do, and I hope properly."

"Then the Business transacted with him is the same as Business transacted with you?"

"I so consider it. I hold myself answerable for all his Acts."

"Have you any Clerks in your Office?"

"I have."

"How many?"

"There has One lately come up to be admitted, Mr. Carter; and I have a Writer."

"What is his Name?"

"William Pearce."

"You say you were the Law Agent of Mr. Osbaldeston?"

"I was, in this Transaction."

"You were his confidential electioneering Agent?"

"There was no Confidence placed nor even required; I merely acted as his Agent; and I lent Money to the Freemen that wanted it, by his Concurrence and Mrs. Osbaldeston's together."

"Was there any other Agent over you in this Election?"

"None in the Town; a Mr. Carter came with him from Lincoln."

"As far as conducting the Business of the Election, you were the chief Agent?"

"As his Agent and Solicitor."

"Had you any confidential Communications with the Parties representing Mr. Osbaldeston?"

"Merely representing him to be a Man of Fortune; and that he would do what was right in paying the Freemen."

"Had you any confidential Communications with the Parties representing Mr. Osbaldeston?"

"None at all."

"How did you know that Mr. Osbaldeston was a Candidate?"

"I saw him there. I was in company with him, with Mr. Dickenson and Colonel Kirk, Two of the Magistrates for the Hundred of Bassetlaw."

"You discussed the Business of the Election with Mr. Osbaldeston and those Two Gentlemen?"

"No; there was very little Discussion; there was no Third Candidate; there was merely going into the Hall, and proposing him; there was no Third Man started."

"Did Mr. Osbaldeston, or either of his Friends, ask your Opinion as to the Probability of their Success?"

"No; I had no Reason to doubt it; there was no Third Candidate; only Mr. Marsh and Mr. Osbaldeston."

"How long was this before the Election?"

"I am speaking now of the Day of Election."

"How long before the Election did he come?"

"About Three or Four Days before the Election, or Two Days, Mr. Osbaldeston came to Worksop, and came on the Fifth or Sixth; the Election was on the Eighth."

"How long before the Election was Mr. Osbaldeston introduced to you?"

"Only a Day or Two before the Election; Mr. Dickenson took him up to me and Colonel Kirk."

"Do you know of any other Agent employed in the Election by Mr. Osbaldeston but yourself?"

"There was a Man came down, and introduced himself; a Man of the Name of Henry Berry Oldfield; a Man very well known among the Members of Parliament, I dare say. I did not know him in any former Transaction."

"Did you account to any body but Mr. Osbaldeston, or his Representatives, for the Sums of Money you had laid out?"

"Nobody. I sent my Account to Mr. Osbaldeston."

"There was no other over you as head Agent?"

"No; no one at all. I had the Settlement of the Bills."

"In the Course of your Communication with Mr. Osbaldeston, did you ever communicate to him that you could not insure his Election without the Payment of those Sums of Money?"

"No, I had no Talk with him upon that."

"Did you, in the Course of this Conversation with Mr. Osbaldeston, give him Notice that you did not consider any Communications with him as confidential?"

"No; I had no such Conversations with him at all."

"Did you tell him, that if an Opportunity offered you would betray the Communications with him?"

"No, certainly not; nor did I betray it."

"Did you ever tell him you would communicate Information as to the Sums of Money you should eventually pay for him to the Freemen of East Retford?"

"At the Time I kept those Accounts I did not anticipate this Inquiry. That was in the Year 1812. They were put by to keep my Accounts, but not for the Purpose of keeping any Secret, for it was no Secret-the Payment of the Money Transactions; there was not a Child but knew it all round."

"The Children all knew it?"

"They all knew it."

"It was general Report?"

"The Freemen's Children heard of it, and they talked of it."

"Did they ever talk of it to you?"

"Yes; they called upon me to know why they were not paid."

"The Children?"

"No; the Freemen."

"How did you know they talked about it amongst themselves?"

"Only by common Report; I know no more about it."

"You never gave Mr. Osbaldeston any Intimation that there was a Possibility of your communicating to the Public, or any Individual, what passed between him and you regarding this Election?"

"No, I never did. There was nothing more passed about it; for I have had no Communication or Correspondence since the Election."

"You never made use of these Words, "Recollect, Mr. Osbaldeston, that if I am ever asked about your sending me Money, I shall tell all about it?"

"Certainly not; I had no Anticipation of it."

"What was it that induced you to tell all which had taken place to Mr. Osbaldeston?"

"It was very well known that I was present when the Freemen were paid; it was no Secret. The first Person I went to see was a Gentleman who came down from London, I think Mr. Gregson; and I said, "There are Freemen that I paid;" and I shewed him a List, which List is there. That List I have read. I said, "This is the List of Persons that were paid in my Presence."

"How came you to be acquainted with Mr. Gregson?"

"A Gentleman in my Neighbourhood told me a Gentleman would come down; and I received a Note from Barnby Moor, and I went over."

"What was the Name of the Gentleman who communicated to you that Mr. Gregson would come down?"

"If I am bound to tell, I will. It was Mr. Lee, a Magistrate of our Town."

"What is his Christian Name?"

"James Lee."

"What passed between you and Mr. James Lee?"

"Only that a Person was coming down to make Inquiry about the Election. I shewed Mr. Lee the List; and I said, "I am ready to produce it." There was no Secrecy. I considered there was no Secret in it; and I had no private Communication with any body."

"Did the Communication between you and Mr. Lee commence on your Part; or did he apply to you?"

"I dare say we were talking about it. He is often in my House on Business, as a Magistrate."

"You are Clerk to the Magistrates?"

"I am Clerk to the Magistrates for the Hundred of Bassetlaw; I have been Twenty Years."

"Did you volunteer to Mr. Lee giving Evidence to Mr. Gregson?"

"No, I never volunteered at all; nor should I have come to the House if I had not been summoned. I am not a Volunteer at all."

"Did you give this Information to Mr. Lee reluctantly?"

"No; talking about it. I should have talked to any body who talked to me about it."

"You cannot recollect which of you began it?"

"No, I cannot."

"When did you first see Mr. Gregson?"

"That I cannot tell. It was before I was summoned to the House of Commons; but I cannot state that from Memory. I think it was in March Twelvemonth I was up; and perhaps it was about a Month before that; but I cannot tell from Memory. I kept no Account of it."

"You have said that Mr. Gregson wrote a Note to you?"

"He did."

"And that you had an Interview with him?"

"Yes; I went over to the Inn at Barnby Moor to him."

"Do you know what Mr. Gregson was?"

"He was an Attorney, I understood."

"Did you tell him you had been professionally engaged for Mr. Olbaldeston?"

"I told him I was, in the Election of 1812."

"Did he object to your giving him any Information that might be considered a Violation of your Professional Duty?"

"I dare say he knew better. I did not give him any private Information. I shewed him the List; and that I did not consider it any Secret whatever. Mr. Gregson came down for the Purpose of making Inquiry."

"In consequence of that which passed between you and Mr. Gregson it was that the Witnesses were summoned to give Evidence, was it not?"

"I do not know. I had no Dealings with their Evidence, or what Witnesses were summoned; nor did I know they were summoned 'till I found them here. I did not know of any Summonses but the One to myself."

"Did you give him a List of Witnesses?"

"No, I did not. He took a List of the Persons that were paid, and I think some of them were summoned."

"Had you any subsequent Intercourse with Mr. Gregson?"

"None. I came to London, and saw him in Town, but not since I went back; nor I never corresponded with him since, nor saw him since."

"How long did Mr. Gregson remain in Barnby Moor?"

"I think not above a Night; I only saw him once."

"You have said you were articled to Mr. Vaughan?"

"I was."

"You said you did not serve your whole Time out with him?"

"I did not."

"With whom did you serve the Remainder?"

"Mr. William Clark, his Partner."

"Was Mr. William Clark his Partner after you left Mr. Vaughan?"

"No; before; during the first Part of the Time I was with him."

"You became Clerk to Mr. Clark after Mr. Vaughan had dissolved the Partnership?"

"After he had gone away."

"Did you ever hear of Mr. Vaughan having left the Country?"

"No; nor I do not believe it."

"Was there ever any Report of it?"

"No; I never heard of it. But I do not believe it.

"I believe he died in the Neighbourhood of Lincoln; have heard so. He never went Abroad, to my Knowledge; I never heard of it."

"You have stated that Mr. Clark was examined about the Will?"

"He was a Witness."

"In the Case of Mellish v. Rankin?"

"Yes."

"Did he make the Will himself?"

"I believe he did; the Will of 1780; indeed I feel confident of it."

"Mr. Mellish of Reynell?"

"Yes."

"Who was it under that Will took a beneficial Interest?"

"A Miss Isabella Pitt, a Lady who is now dead, a Woman of great Fortune; but she gave up the Estate under that Will to Miss Rankin, who married Mr. Crawley."

"Did Mr. Clark prove the Will?"

"Yes."

"Where did he prove the Will?"

"I believe in Doctors Commons and York; for there was Property in both Dioceses."

"Of course he swore it was the last Will of the Testator?"

"Yes, he did, when perhaps he was wrong. He ought, in my Opinion, to have carried in the Will of 1774 and 1780, and let the Parties contest it; there he got himself wrong, and deserved all he met with afterwards."

"After having sworn that was the last Will, did not he come forward with a Will of a later Date?"

"Not to my Knowledge."

"Who produced this Will of a later Date?"

"I know of no Will of a later Date than May 1780, to which he swore; whereas he ought to have proved the Will of 1774, in my Opinion, and given in the Will of 1780, because there was a Question upon that Will-a very great one."

"Was it proved in Truth that the Oath he had taken at Doctors Commons was a false one?"

"It turned out so; for he was aware of the Will of 1774, for he saw it; and I told him so. This is a Thing that happened Fifty or Sixty Years ago."

"You were a Witness in that Cause?"

"Yes. I went up to London for the Will of 1780. I was asked where I found it, and I said at Messieurs Smith and Wright's, the Bankers. I had gone along with Mr. David Burton Fowler, of the Exchequer Office, a particular Friend of the Parties. He sealed it up; and I took it down to Mr. Clark."

"Did not you state that the Bankers delivered it to you without a Cover?"

"I said that the Cover was opened; and it was."

"Did not Mr. Burton Fowler contradict that Evidence?"

"No. Mr. Burton Fowler said he thought it was sealed; but it was cut round. He himself read it, and then sealed it up under Cover. He said, "I will put it up under Cover, that it may not be mutilated;" but it was delivered open to me by Mr. Stone, the Clerk at the Banking House."

"That you swear?"

"Yes, I do; and will swear it at any Time."

"Mr. Burton Fowler thought you were mistaken?"

"I do not exactly know what he said. When I am asked the Question of what passed Fifty Years ago, I am sure you will allow me to say, "I do not recollect as to every Point." I do not know what that has to do with this Question; but I am ready to answer to the best of my Recollection. I am ready to answer to every thing I recollect."

"You are Clerk to the Bassetlaw Magistrates?"

"I am; to the Magistrates for the Hundred of Bassetlaw."

"Have you ever received from the Magistrates of Bassetlaw any Penalties levied under the Game Laws?"

"Penalties have been paid into my Office; but those that have been received have been paid over. I do not know that any have been paid into my own Hands."

"One Half of those Penalties goes to the Informer, and the other Half to the Parish?"

"Yes."

"Did you pay the Informer his Half?"

"No; I dare say it was paid by Mr. Newton, my Clerk; but all the Monies I have ever received, directly or indirectly, have been accounted for honorably and fairly. The same Question was put in the House of Commons."

"They were paid by your Clerk?"

"Yes."

"Acting on your Behalf?"

"Yes, he was, in my Office."

"Was the Moiety to the Parish paid also by your Clerk?"

"Yes; but not to the Poor of the Parish, for the Magistrates made an Order that the Clergyman should take the Half, to apply to those who needed it; but we have since had a contrary Order."

"Did you pay those to the Clergyman?"

"I sent them by the Overseers to the Clergyman, while that Order stood; but since that Order was set aside the Overseers have had it."

"Did you pay them at the same Time?"

"The Orders seldom came together; one was paid one Saturday, and some the other. The Clergyman never fetched it; but it was sent by a careful Hand."

"Were any Complaints ever made by the Parties that they did not receive it?"

"No; nor no Surmise of the kind."

"Did no Discussion take place in your Presence before the Magistrates on the Subject?"

"No."

"This is the first Time you ever heard of it?"

"The first Time I heard of it was in the House of Commons. The Question was put there."

"You have talked of having paid those Persons certain Sums of Money; was that in consequence of any Contract or any Promise?"

"None. I made them no Promise of Payment of Money. I lent it them on account of what they would receive, expecting to be paid back when the Money came to be paid."

"Had you made any Promise to any of those Persons whom you paid, or entered into any Contract, that you would pay them after the Election?"

"None."

"You say you were the Agent for Mr. Osbaldeston?"

"In that Election.

"Did you canvass the Town?"

"No, I do not think I did. It was not a regular Canvass. If there had been a Contest there would have been a Canvass."

"Have you any Means of knowing that he knew you were paying those Sums of Money to those different Persons?"

"He knew I had lent them Money after the Election; I have a Letter here authorizing me to pay that Sum."

"Whose Letter is that?"

"It is a Letter from Mr. Osbaldeston."

"Is that Mr. Osbaldeston's Handwriting, to your Knowledge?"

"Yes, I am positive of that."

"Have you seen him write?"

"Yes, I have. This is the Letter." (Producing it.)

"How do you know that is Mr. Osbaldeston's Handwriting?"

"I have seen him write; during the Time he was at Retford I saw him write."

"You saw him write only on Two Occasions?"

"I saw him write several Times."

"Have you corresponded with him?"

"I had several Letters from him; I can find only that."

"Do you believe that to be his Handwriting?"

"I do believe it to be."

The same was read as follows:

"Dear Sir,

"One of the Slaneys is here, who wishes me to lend him Twenty Pounds, and gives his Reason, that Mr. Mason will arrest him for it if he don't get it. If you think it judicious and proper he should have it, could you pay it him? Is he one of those whom you think should be paid; one that is likely to vote for me the next Time? He will deliver this to you in Person, I expect. They are a very queer Set in Retford, and I don't like to lend every one that asks me, without your Advice. I return to Tattershall To-day, but shall be here in a Day or Two again.

"Yours, in Haste,

"George Osbaldeston."

(Dated) "Sunday."

(Addressed)

"J. Hannam Esq. Retford."

"Do you know the Date of that Letter?"

"Yes. I answered it on the Twenty-fourth; and from my Memory it came about the Ninteenth of April 1813. I have marked the Date; and I answered, "Wrote to say, I had complied, &c."

"Did you comply with this Request?"

"I did; that was One of the Men I paid £20 to."

Mr. Adam submitted, "Whether, Mr. Osbaldeston not being before the House, his Letter ought to be produced."

The Counsel were informed, "That it was necessary the Transactions should be investigated, whatever might be the Consequences to the Individual."

"Did Mr. Osbaldeston know of the Payment of any other Sum of Money?"

"I dare say he did not know at the Time."

"Have you communicated to him since you made the Payments?"

"I did; to Mrs. Osbaldeston."

"Did you, to Mr. Osbaldeston?"

"No, I did not. I answered that Letter, stating that I had complied with that Request; and I paid that Man the Money myself; and he got only £1 from Mr. Pickup. When Mr. Pickup paid this Man his Money, I said he wanted only £1; and I charged £20 to Mr. Osbaldeston; and he got the other £1."

"That was paid in your Presence?"

"Yes; all those Sums were paid in my Presence."

"Who repaid you the Money you advanced in the other Cases?"

"Of the Money I received for the Purpose of paying the House Expences and Ribbons I had a Balance in my Hand."

"From whom did you get it?"

"From the Bankers at Retford. I got £950."

"From what Bankers?"

"Messieurs Childers, Yarborough and Company, in consequence of a Letter."

"Was it in consequence of a Letter you had received? Where is that Letter?"

"A Letter from Mr. Osbaldeston, with the Money. I believe I have it in my Box."

"Have you got the Letter?"

"I have not it with me; but I believe I have it in my Trunk in Town."

"Have you had any Communication with Mr. or Mrs. Osbaldeston since those Transactions of 1812?"

"Yes; with Mrs. Osbaldeston, I have."

"Upon the Subject of those Transactions?"

"Of the Money I lent to the different Freemen, and the Bills I paid."

"Upon the Subject of your giving Evidence before the House of Commons?"

"No; I had no Communication upon the Subject. Mrs. Osbaldeston has been dead several Years."

"Did you make known to Mr. Osbaldeston your Intention of making public those Letters?"

"No, I did not."

"You settled these Accounts of yours with Mr. and Mrs. Osbaldeston, or their Agents, soon afterwards?"

"I sent the Account immediately after to Mrs. Osbaldeston; but we never had a Settlement of the Accounts. I believe there is a Balance due to me now; but I never applied for it; it is of no Consequence."

"Did you ever have any Disagreement with them?"

"No, not the least."

"What was the Remuneration you charged for this Agency?"

"I made no Charge. I understood that the usual Fee paid to the Solicitor concerned was always £100; but I did not get the whole of that £100. I had £40 left in my Hands, which I gave Credit for."

"You expected £100?"

"I did; but I did not receive it; it is so long ago I shall not now."

"Have you ever written any Letter to Mr. Osbaldeston, saying that if any thing of this kind came forward you should give Evidence?"

"No, I never have."

"You had no Disagreement whatever?"

"No, not the least in the World; upon the contrary, I think Mr. Osbaldeston will speak of me handsomely."

"Who directed you to send the Accounts to Mrs. Osbaldeston?"

"He corresponded with me."

"Did she desire you to do it?"

"Yes. I think One of the Letters says, "I have mislaid your Accounts, and you will let me have another Copy of them." Mr. Osbaldeston took no active Part in the Election. He came over to the Election, and I do not think he ever interfered afterwards."

"Did Mrs. Osbaldeston refer you to him?"

"No; I directed my Letters to him, and marked them with a Cross, and she opened them."

"Was that by Direction of Mrs. Osbaldeston?"

"Yes, I believe it was."

"Through whom did you receive an Order upon the Bankers for £900?"

"Altogether £950; £700 and £250. It was from Mrs. Osbaldeston. That is, I applied to the Bankers. They had got the Money; and I applied, on receiving her Letter."

"Did you find an Account opened in your Name?"

"I produced the Letter, and then they paid me the Money."

"And you furnished her with an Account?"

"Yes; including the Ribbon Bills and the House Bills, and every thing else."

"You stated that you paid One of the Slaneys, referred to in this Letter, Ten Pounds?"

"Twenty Pounds."

"Did you conceive you paid that on account of his Vote in the Year 1812?"

"I considered that I was paying it towards the Money he would have to receive for his Promise to vote."

"In the Year 1812?"

"Yes; there was no other Time."

"This Letter states, was he a Man likely to vote at another Election?"

"I think he was."

"Did you give that Advice under the Idea of procuring the Return of Mr. Osbaldeston in another Election, or for the Year 1812?"

"I gave him no Advice; but he had a List of the Freemen sent down, with the Sums of Money each was to be paid. When that other List is produced which has been talked about, that is in the Writing of Mr. Dickinson."

"Was what was paid with reference to the Election of 1812, or of a future Election?"

"Of the then past Election."

The Witness was directed to withdraw.

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

(Mr. Price.) "Are you Town Clerk of East Retford?"

"I am."

"For how many Years have you been so?"

"I was elected in 1816 for a short Period. I resigned the Office, but was re-elected about a Year ago. I discontinued the Office about Six or Seven Months."

"Is it Part of your Duty as Town Clerk to have the Custody of the enrolled List of Freemen of that Town?"

"It is."

"Does this Book contain the enrolled List of Freemen?"

"Yes. This is the enrolled List of all the Freemen admitted for many Years."

"In that List there are a great many who are dead as well as those alive?"

"There are."

"Have you examined that List with a view to make a more correct List of those Burgesses now alive?"

"I have."

"Is that a correct List?" (It being shewn to the Witness.)

"This I believe to be a correct List with reference to the original Roll of Burgesses now living."

"Did you examine it?"

"I did."

"Is that in your Handwriting?"

"No, it is not."

"Will you state how many in that List of Burgesses admitted before October 1812 are now living?"

"About Ninety."

"Have you seen the List that was handed in by Mr. Hannam, the last Witness?"

"I have not."

"Have you seen the printed List?"

"I have just now seen it. I have not compared the printed List in the least. I have just seen it; therefore I cannot say whether it be correct."

"Will you look at that List, which is Mr. Hannam's List before the House of Commons, and state whether those Names are in the List of the Ninety Names you have mentioned as being admitted before 1812?"

"It is quite impossible for me, cursorily looking at this List, to state that. I can satisfy myself by a Reference to the original Roll, but I cannot by any other Means."

"Are the same Names contained in the List of Freemen admitted before October 1812?"

"I think there are some of the Names, certainly.

"Is not the whole of the List you see before you contained in the List of Ninety you have just produced to the House?"

"It is impossible I can say that without comparing the one with the other."

(By a Lord.) "Have you had an Opportunity of comparing the one List with the other?"

"I have not. I was only summoned Yesterday."

The Counsel were informed, "That it appeared more convenient that the Witness should withdraw, and compare the Lists; and that another Witness should be called in the mean time."

The Witness was directed to withdraw.

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

(Mr. Law.) "Is your Name William Baker?"

"Yes."

"Are you a Freeman of East Retford?"

"Yes."

"How many Years have you been so?"

"Twenty."

"Were you applied to for your Vote in the Year 1826?"

"Yes."

"After the Three Elections which preceded the Election of 1826, did you receive any Money?"

"Two Elections, I did."

"Which Elections were they?"

"Mr. Crompton's and Mr. Evans's."

"Yes."

"Were they in the Years 1818 and 1820?"

"Yes."

"What Sum did you receive after each of those Elections?"

"Forty Guineas."

"Did you see Mr. Evans the Candidate before the Election of 1818?"

"Yes."

"Where did you see him?"

"At Mansfield?"

"Do you reside there?"

"No."

"Did you at that Time?"

"Yes."

"What did Mr. Evans the Candidate state to you?"

"He stated that he was coming to offer himself as a Candidate for the Borough of East Retford."

"What further did he state?"

"He stated that he did not ask me for my Vote then, for he only came to inform me that he meant to stand for the Borough of East Retford, and that I was to enquire his Character. He said I might stop about Ten Days to enquire his Character, and that he would see me again."

"Were you acquainted with other Voters at East Retford? Did you know John Baker?"

"Yes."

"Was he a Voter?"

"Yes."

"Was he an Uncle of Yours?"

"A Cousin."

"Did your Cousin John Baker hold out any Expectation of Benefit to you in case Mr. Evans was elected?"

"The same as all of us else."

"What Expectation did he hold out to you?"

Mr. Alderson submitted, "That this was not Evidence."

Mr. Law submitted, "That the Declarations of John Baker, he being a Voter, were Evidence."

Mr. Alderson submitted, "That it must be first proved that John Baker is One of the present Freemen."

The Counsel were informed, "That the Object of the Question was twofold; what was done by the Witness, the other the Conduct of the Person whose Declaration was proved."

(Mr. Law.) "What Expectation did John Baker the Voter hold out to you in case Mr. Evans was elected?"

"We expected to have Twenty Guineas."

"Did he say so?"

"Yes; we had discussed upon it very often."

"Did Mr. Evans afterwards call upon you?"

"Yes."

"Did you promise or refuse him your Vote?"

"I promised him."

"What induced you to promise your Vote?"

"Mr. Evans told us he had been at Retford, and they had generally promised him, and we promised him upon that Ground."

"Did you expect to receive any thing in case he was elected?"

"Yes."

"Did you expect it at the Time you promised your Vote?"

"Yes."

"Do you know Mr. Crompton the Candidate?"

"Yes."

"Did he canvass you?"

"Yes."

"Who was with Mr. Crompton when he canvassed you?"

"Mr. Joshua Cottam."

"Do you happen to know whether that is One of the Petitioners against the Bill?"

"Indeed I do not know."

"Did you know Mr. Joshua Cottam?"

"Yes."

"What was he?"

"An Alderman of Retford."

"And a Freeman, of course?"

"Yes."

"Did you promise or refuse your Vote to Mr. Crompton?"

"I promised."

"Why did you promise Mr. Crompton?"

"Because Mr. Cottam was a Friend to the Burgesses of East Retford, and as long as he came to introduce him we always expected that Mr. Crompton was a Man of the right Sort to be a Friend to us."

"What do you mean by a Man of the right Sort to be a Friend to you?"

"Why, we expected to have our Twenty Guineas."

"Was that Expectation realized with reference to Mr. Crompton and Mr. Evans, after the Election had taken place; did you get the Money?"

"Yes."

"Have you had frequent Communications with Mr. Cottam, the Alderman of Retford, on the Subject of Elections?"

"I have heard him many Times in my Presence speak about them."

"Do you recollect the Name of a Mr. Marsh, a Candidate?"

"Yes, I recollect the Name of the Person; and I have seen him."

"Do you recollect any particular Expression Alderman Cottam used with regard to Mr. Marsh, with reference to Elections?"

"Yes; he has said many Times, when I have been in the Presence of Mr. Cottam, that we must take care to have a Neighbour, and not to have one that would Marsh us."

"What was the Meaning of "Marshing" you?"

"Because Marsh never paid."

(By a Lord.) "When was Marsh a Candidate?"

"At the Time of Osbaldeston's Election in 1812."

"Was he elected?"

"Yes."

(Mr. Law.) "Did he ever come again as a Candidate?"

"No."

"Did you know Mr. Grant in February 1819?"

"Yes."

"Was he a Voter, to your Knowledge?"

"Yes."

"Did you see him at Mansfield?"

"Yes."

"Did he give you any Information respecting the Election?"

"He told me he had received his Money."

."Did he hold out any Expectation to you upon the Subject of Money?"

"I had objected to him telling me that he had the Money; and he put his Hand into his Pocket, and took out some Money, and told me, "This is my Money." I told him I could not believe it, because the Burgesses of East Retford were in the habit of telling those Tales; but he shewed me the Money."

"A few Days after, did you see a Mr. John Thornton at Mansfield?"

"Yes; but before that I saw Mr. William Cottam."

"Did he give you any Information?"

"Yes; he gave me a Letter, containing Twenty Guineas."

"Did you see John Thornton afterwards?"

"Yes."

"How soon?"

"A few Days; I cannot say how soon."

"Who was John Thornton?"

"He was an Alderman."

"He was so at that Time; he being since dead?"

"Yes."

"Did you put any Question to him?"

"Yes; I asked him-he was just against my Door- whether he had brought any thing from Retford; and he told me not."

"What did you mean by "any thing?"

"Any Money."

Mr. Alderson submitted, "That any thing said by a dead Alderman was not Evidence."

"He was not dead at that Time."

(Mr. Law.) "What Answer did you make to that?"

"He told me he knew nothing of it; he said he knew nothing about the Money. He said, "Oh, as to the Money, I know nothing about it."

"Was there a Gentleman with Thornton at that Time?"

"Yes."

"Did Thornton go away, and the Gentleman remain?"

"Yes."

"Did you see that Gentleman afterwards?"

"He called at my House."

"What did he do?"

"He gave me a Letter."

"What was in it?"

"Twenty Guineas."

"Do you know a Person of the Name of John Baker; another John Baker?"

"Yes."

"Was he a Voter?"

"Yes."

"Did the Gentleman make any Inquiry respecting John Baker?"

"He asked me to shew him where he lived."

"Did you shew him?"

"Yes."

"Did you see the Gentleman give any thing to the Wife of John Baker?"

"I did."

"Did you afterwards see John Baker the Voter?"

"Yes; I went to the Shop where he worked, and found there was a Gentleman had left a Letter with his Election Money."

"Did Baker afterwards state any thing to you upon the Subject of it?"

"Yes; he told me he had received the same as the rest of us, Twenty Guineas."

"After the Election of 1818, did Mr. Cottam come to Mansfield?"

"That is what I have been speaking of."

"Do you know a Man of the Name of John Benton?"

"Yes."

John Baker?"

"Yes."

"William Taylor?"

"Yes."

"Were they all Voters?"

"Yes."

"Did Cottam desire you to do any thing with regard to those Persons?"

"Yes; he asked me if I would take the Trouble to go and tell them that he had got a Letter apiece for them."

"Did you do so?"

"Yes."

"Did you go with them?"

"Yes."

"Where to?"

"To Mr. Eald's, the Blue Boar."

"Did Cottam say any thing to those Three Voters in your Presence?"

"Yes; he said he had brought the Election Money."

"Did he deliver any thing to them?"

"A Letter each."

"Did you see Baker open his Letter?"

"Yes, I did."

"What did it contain?"

"A Twenty Pound Note and a One Pound Note."

"Did Cottam then make any Request to you and the Three other Persons?"

"Yes; he said there was no Demand upon the Letter; but he expected us to give him a Couple of Glasses of Brandy apiece for his Trouble."

"Was any Paper produced?"

"Yes."

"What did Cottam say in regard to that Paper; what did he require you to do?"

"To sign it."

"Did he say for what he required that?"

"For the Purpose of informing his Employer that he had delivered the Letters safe; for that the Burgesses of East Retford might swear he had never delivered them."

"Had Cottam any other Letters besides those Three and your own?"

"Yes."

"How many; a few, perhaps?"

"He might have Fourteen, Fifteen or Sixteen more; I cannot say how many exactly."

"Did he state what he was going to do with those Letters?"

"That he was going to Nottingham to the OutVoters."

"Before the Election of 1820, the next Election, did Mr. Evans canvass the Mansfield Voters?"

"Yes."

"Did you see Mr. Crompton?"

"Yes; he canvassed me on a very particular Day; on the very Day that His Majesty was interred."

"Did you and any of the other Voters go anywhere to Mr. Crompton?"

"Yes."

"Where was that?"

"At the White Swan Inn."

"Was any thing provided for you there?"

"Yes; some Beefsteaks."

"Did you see John Baker there?"

"Yes."

"John Walker?"

"Yes."

"John Benton?"

"Yes."

"Any others?"

"There were some others."

"In Mr. Crompton's Presence, did John Walker the Voter say any thing?"

"Yes; he took up a Glass, and said he would give Mr. Crompton a Toast; and he turned his Attention to him, and said he should be very glad to hear it; and he said, "To good Jobs, and well paid;" and he said, "Yes, that will do, my Lad."

"Was any thing said as to the Elections of 1818 and 1820 coming pretty close together?"

"Yes."

"What was said, and by whom, in Mr. Crompton's Presence?"

"John Walker said he thought it bore hard on Mr. Crompton they should be so near; that he thought it would be a Thing that would rather hurt him; and Mr. Crompton said it would not hurt him at all; that he could do with One every Year well for the Burgesses of East Retford."

"He was canvassing you then?"

"Yes. We were sitting at the Table drinking a Sup of Wine."

"Do you recollect what Answer Walker made?"

"He said he was one of the right Sort."

"Soon after the Election of 1820, did you leave Mansfield?"

"Yes."

"Where did you go to?"

"To Retford."

"Did you see Valentine Baker there?"

"Yes; one of them."

"Was he a Voter?"

"Yes."

"Did he give you any Information with regard to Mr. Evans?"

"Yes; he called upon me one Day, asking me if I would go with him. He said he was certain there was a Gentleman passing the Money at the Inn; George Brown's."

"Did you go there?"

"Yes."

"Did you see the Freemen there?"

"Many in the House."

"Did you see any one in a private Room there?"

"Yes."

"Did you address him?"

"Yes."

"What did you say?"

"I asked him whether he had any thing for me."

"Did you get any thing on that Day?"

"No. He looked over the List, and said he had no such a Man as William Baker. He asked me if I always lived in Retford? I told him, no; I had been a little Time in Mansfield."

"You were not in his List?"

"No."

"Did you know Westby Leadbeater?"

"I did know him when he was alive."

"Was he a Voter?"

"Yes."

"Was he also a Town Crier?"

"Yes."

"Did he call upon you shortly afterwards?"

"Yes."

"At what Time of Night?"

"I should think it might be between Eleven and Twelve; we were very near going to Bed; it was late at Night."

"Did he produce any thing?"

"Yes; a Letter."

"Did you open it?"

"Yes."

"What did it contain?"

"Twenty Guineas."

"After the Election of 1820, were you short of Money?"

"Yes."

"Do you know Mr. Foljambe, the Banker of Retford?"

"Yes."

"Did you go to him?"

"Yes."

"Did you make any Application to Mr. Foljambe?"

"I did."

"When was that?"

"I asked him to lend me Ten Pounds."

"Did he do so?"

"Yes."

"How were you to pay him?"

"I was to pay him when I got some Money."

"Do you know Mr. Fox?"

"Yes."

"Was he a Clerk in the Banking House?"

"Yes."

"Did he call upon you shortly afterwards?"

"He called upon me one Saturday Morning."

"In consequence of that, did you call upon Mr. Foljambe the Banker?"

"I went immediately."

"What did Mr. Foljambe say to you?"

"He told me he had got some Money for me."

"What Money did he produce?"

"Eleven Pounds. He said that made all right for the Election; Ten and Eleven was Twenty-one for the Election."

"The Ten he had lent you, and the Eleven he paid you then?"

"Yes."

"Have you been in the habit of conversing with the Freemen on the Subject of Elections?"

"Many Times we have talked about it."

"Was the Money you had received the Subject of Conversation?"

"It was as regularly talked about from the People of Retford as we talked about our Business."

"By whom were you canvassed for the Election in 1826, for Sir Robert Dundas?"

"By Sir Robert Dundas and Colonel Kirke and Mr. Foljambe."

"Is that the same Mr. Foljambe who had previously paid you the Money?"

"Yes."

"In the Presence of Sir Robert Dundas and Mr. Kirke, did Mr. Foljambe say any thing to you?"

"Yes; I made Objection to promising Sir Robert Dundas; and he informed me that Sir Robert Dundas was a Friend that he could depend upon, and that all should be right."

"You have spoken of John Baker; have you frequently heard him talk upon that Subject?"

"He has been many a Time at my House; and that has been our chief Conversation, concerning the Burgesses and the Freemen of Retford."

"Did you say any thing to him with regard to the Election of Sir John Ingleby?"

"Yes; many Times he has talked about it."

"What did he say respecting that Election?"

"He told me that he lost Twenty Guineas at Sir John Ingleby's Election."

"Did he tell you how much he got?"

"He got Twenty."

"And he lost the other Twenty?"

"Yes."

"Did he tell you for how many Elections he had received Money?"

"He has stated to me that he had received Sixscore Guineas within Four Years."

"Did he talk about Marsh's Election?"

"We talked about that. He said he should not be Marshed any more."

"You understood what that meant?"

"Yes, I understood as far as this, that if he could he would serve a Man that he should get his Money from."

"Were you Apprentice with Thomas Slaney?"

"Yes."

"Is he a Voter?"

"Yes."

"Have you heard him say any thing upon the Subject of Election Money?"

"Many a Time we have talked about it."

"What has he stated?"

"He said many a Time we should always serve the Duke, for then we should get our Money, whether we got or lost."

"Have you a Brother of the Name of Thomas?"

"Yes."

"Is he a Voter?"

"Yes."

"Have you heard him speak of the Elections for 1818 and 1820?"

"Yes."

"What has he said with regard to Election Money?"

"He has received his Money the same as me."

"He has told you so?"

"Yes. I have been in his Presence when he has received it."

"Did you know John Thornton?"

"Yes."

"What Part did he take in the Elections; was he a Voter?"

"Yes. He was the Agent for Mr. Evans."

"What did he do for Mr. Evans?"

"In fact I cannot tell. I expect he paid any Bills."

"What did you see him do?"

"I saw him do nothing but come with that Gentleman to pay the Twenty Guineas."

"He accompanied the Gentleman of whom you have been speaking, in delivering Money to other Persons?"

"Yes; John Thornton."

"John Thornton was the Person who came with the strange Gentleman who delivered the Money to yourself and other Persons?"

"Yes."

"Was there a Meeting of the Freemen before the last Election in 1826?"

"Yes."

"Was Thornton present at that?"

"He was informed about the Meeting, and he was sent for."

"Did the Freemen then present propose any thing with regard to Thornton?"

"They proposed that he should see Mr. Evans concerning his resigning, and not coming to Retford any more."

"Who was it that proposed to carry that Message?"

"Mr. Thornton."

Cross-examined by Mr. Alderson.

"Are you a Tenant of Mr. Hannam?"

"Yes."

"The last Witness?"

"Yes."

"What do you occupy under Mr. Hannam?"

"A House."

"When did Mr. Hannam ask you to come and be a Witness?"

"Never."

"He never spoke to you about this?"

"No."

(By a Lord.) "He never spoke to you about this?"

"No."

(By Mr. Alderson.) You are quite sure of that?"

"Yes."

"Did you come to Town with him?"

"No."

"When did you see him last, before you saw him in the House To-day?"

"I think it must be a Fortnight ago; I saw him in the Country."

"Have you never seen him since you came to Town this Time?"

"Not to speak to him."

"Did you carefully avoid speaking to him?"

"I never spoke to him."

"Have you avoided speaking to him?"

"Yes."

"You thought it would be wrong to speak to him?"

"I never thought any thing about it."

"What do you occupy under Mr. Hannam?"

"A House."

"What kind of House?"

"A Brick House."

"At what Rent?"

"Twelve Pounds a Year."

"What are you by Trade?"

"A Shoemaker."

"Were you a Friend of Sir Henry Wilson's at the last Election?"

"I intended to be so."

"What do you mean by intending to be so?"

"I was not a Friend, for I never voted."

"Were you about to vote when the Poll stopped?"

"I should have voted the next Day if the Poll had gone on."

"Had you promised to vote?"

"Yes."

"What were you to get from Sir Henry Wilson?"

"Nothing."

"This was your first Poll without, was it?"

"No."

"How many Times have you ever voted without Money?"

"I have never voted at all."

"I thought you had been paid for voting?"

"I have never voted."

"My Learned Friend has asked you, whether Mr. Marsh ever came again; did he?"

"Not that I know of; I never saw him."

"Did Mr. Osbaldeston come again?"

"I never saw him."

"Neither the one that paid, nor the other that did not pay, you saw again?"

"Yes; Mr. Crompton and Mr. Evans."

"Yes; Mr. Osbaldeston nor Mr. Marsh?"

"No."

"Are you indebted in any Rent to Mr. Hannam at this Moment?"

"No."

"When did you pay him the last Rent?"

"I can hardly tell you the Date; it was certainly before Christmas we settled."

"How long before Christmas?"

"I can hardly tell you. I have the Writing for it; but I do not know exactly the Day."

"How came they to find you out?"

"Who?"

"The Persons that brought you here as a Witness?"

"That I cannot tell."

"You must have been very much surprised when they came to you?"

"To be sure I was."

"Who was the Person that came to you?"

"I understood the Name was Mr. Butt."

"Who is Mr. Butt?"

"I understood a Gentleman of London; a Stranger to me."

"Who brought him there; Mr. Alderman Thornton?"

"No; he is dead."

"Who was the Stranger that brought him?"

"That was another Stranger."

"Two Strangers?"

"No; there was one whom I knew. Mr. Shaw came with him."

"What is he?"

"He is a Timber Merchant."

"Which Side of the Bridge does he live?"

"This Side of the Bridge; on the Side nearest to my House."

"Does he live on the North Side of the Bridge, or the other?"

"The North Side."

"That which is out of the Borough?"

"No; the voting Side."

"I mean the North Bridge?"

"You mean what we call Carol Gate Brigg. I mean the Brick Bridge."

"There are the Two Retfords divided by a Bridge?"

"Yes."

"Does he live in the East or the West Retford?"

"The East Retford."

"How many Times did you say you had been paid?"

"Twice."

"Only Twice?"

"Only Twice."

"For doing nothing?"

"That I cannot tell."

"You did not vote?"

"No; there was no voting."

"What was the Reason you promised to vote for Sir Henry Wilson, if you expected nothing?"

"It was always talked in Retford that Sir Henry Wright Wilson would never pay us."

"Which would be the last Reason one should expect why you should vote for him?"

"I was always determined to vote for that Side, for I did not like the other."

"Did you never promise the other?"

"Yes; I promised Sir Robert Dundas."

"You broke that Promise?"

"Yes; he would not declare his Principle."

"You broke your Promise to vote, without a Bribe, for the first Time?"

"I never was bribed."

"How many Times did you promise Sir Robert?"

"Only Once."

"You only broke One Promise?"

"No; and he could not tell that I did not keep it, for I never voted; so that he could not tell whether I would vote for him or not."

(By a Lord.) "Do you mean his Political Principles?"

"Yes. They went to the Broad Stone, and asked him whether he would declare them; and he said he would not."

"Declare what?"

"That he was against the Catholic Bill."

(Mr. Alderson.) "You voted upon Political Principles?"

"Yes; but no one knows what I should do at the last; it is the Time that sets in the whole."

Re-examined by Mr. Law.

"You say you did not vote upon the former Occasions when you received the Money; had you promised your vote in all those Instances?"

"Yes."

"Did you expect to get the Money you afterwards received when you so promised your Vote?"

"Yes."

"Was there any Contest?"

"No."

The Witness was directed to withdraw.

Then John Mee was again called in, and further examined as follows:

(Mr. Price.) "Have you examined Two Lists with which you retired from the House?"

"I have."

"How many of the Names which were in the List of Mr. Hannam, or how many similar Names, do you find in the examined Lists of Burgesses of East Retford?"

"The List I have in my Hand is merely a List of Burgesses now living. On comparing that List with Mr. Hannam's, I find Thirty-eight Names included in the List of Burgesses now living also included in this List; there are also in this List of Ninety Twenty-eight Burgesses that are dead; they are not included in the List I produce."

"As far as these Thirty-eight Names go, those in Mr. Hannam's List appear to you to be Burgesses?"

"They appear to me to be Burgesses; but I cannot help observating I think there is an Incorrectness in Mr. Hannam's List in another respect. I perceive that he has included the Names of Two Burgesses as admitted on the 8th October 1812; John Taylor and George Bingham. The Return of the Two Members to Parliament took place on the 6th of October, Two Days previously; therefore it appears to me very unlikely that that could be correct; they were admitted Two Days subsequently to the Election of the Members."

(By a Lord.) "Have you looked at the original Entry, to see that that is so?"

"The Copy in my Hand I extracted myself from the Original."

"In other respects it is correct, with the Exception of those Two?"

"Yes, it is."

"Cross-examined by Mr. Alderson.

"Are we to understand you that Thirty of those said to be paid are now Freemen of the Borough?"

"Yes."

"And that there are Thirty Persons out of the Sixtysix who are not?"

"Twenty-eight dead, and Two living, but who were not Burgesses previous to the Period of that Election."

"What is the present Number of Burgesses of East Retford?"

"At present on the Roll there are 212 Burgesses living."

"In what Way are Persons made free of Retford?"

"From the Period at which I first became acquainted with Retford, and from the Period indeed of my being chosen Town Clerk, the only Way in which Persons have become Freemen has been by Seven Years Service with a Burgess as Apprentice, or being the eldest Son of a Burgess born in the Town; the Right to vote has not been acquired in any other Way."

"Is there a Power in the Corporation of making Honorary Freemen?"

"There is."

"Is that ever exercised?"

"It never has been, within my Knowledge."

"Have you, by consulting the Records of the Borough, any Means of knowing whether that has been exercised?"

"I have Reason to believe that a great many Years ago it was exercised."

Re-examined by Mr. Price.

"What is the Number of Freemen now, according to that List?"

"Two hundred and twelve."

"How many of that Number have been added since June 1826; since the Election on the 9th of June?"

"Thirty-four have been admitted since the last Election, or at least on the Day of the Election and since."

"Exclude those admitted on the Day of Election?"

"The Election took place on the 9th of June; on that Morning a great many were admitted."

"How many have been admitted since the Day of Election?"

"Twenty-one since the 9th of June?"

"Can you tell how many were admitted between the Election of 1820 and the Election of 1826, the Election taking place in the Month of February?"

"Thirty-one between 1820 and 1826."

"Are there any Fees due upon Admission?"

"A very trifling Fee. I think the total Sum paid on Admission is a Guinea and a Half. A Stamp of course is required of £1. The Officers of the Court, the Chamberlains, receive a Part; the Serjeant at Mace receives a Part; so that I think the Town Clerk's Fee is about 3s. 4d. for the Admission."

"Did you receive those Fees for all the Voters admitted between 1820 and 1826?"

"I believe I did."

"Since 1826, have you received any Fees from that Number of Twenty-one Freemen that you specified, who had been admitted since that Time?"

"I think I have received from the Whole, with the Exception of Two or Three who have not paid."

(Mr. Alderson.) "Are you to be understood to say, that there has been no Measure of the Freemen to increase the Number of Freemen, for the Purpose of this Investigation, since the last Election?"

"There certainly has not. The only Mode of Admission exercised for many Years past has been by Birthright and Servitude, and no others have been admitted. The Number might have been considerably increased; for I have received Notice of Six, of their Right to be admitted now, and who are to attend the next Court Day."

"Have all the Persons who have been admitted since the last Election been admitted on inchoate Rights?"

"Certainly."

"How many of the Freemen have died since the last Election?"

"That is not added up. I have a Difficulty in stating it at this Moment."

"Is the Number of Freemen materially different from the Number at that Period of the last Election?"

"I believe that the present Number is rather less than it was at the Period of the last Election."

"Is the Number of Freemen on the Books now that which has been the Average Number for a considerable Time?"

"No. I think within the last Twenty Years they have gradually increased; but since the Election of 1826 they have not increased, but there has been rather a gradual Falling-off."

Examined by the Lords.

"You stated that there was a Fee due upon the Admission of Freemen; have you kept any Account of the Receipt of that?"

"I have not. They usually pay it for the Admission; if they do not it is my Loss; I pay for the Stamp out of my Pocket. There are Three or Four, I think, who have not paid."

"Are you in the habit of permitting Persons to take out their Freedom without paying for it?"

"Not in the habit, certainly."

"Who pays the Fees to the Chamberlain and other Officers?"

"At the Time the Burgess is admitted, the Serjeant at Mace receives the Fees; they retain as much as they are entitled to, and pay me the Remainder."

"It is not your Duty to receive the Fees?"

"No; I never received them from them."

"Who pays for the Stamp?"

"I do. The Entry is not made for a Day or Two afterwards. I make a Minute of the Name of the Burgess, and the Particulars; and he is admitted at the Time he is sworn; but the Roll is completed a Day or Two afterwards."

"And you do not deliver the Stamp to them?"

"I have not the Stamp in the Court at the Time of the Admission."

"At the Time of voting is it necessary to produce the Freedom?"

"To produce the Roll."

"Do you mean to say that you ever filled the Stamp of Freedom without receiving the Payment for it?"

"Yes, I have done so. It has been in the Instance to which I have just referred. I think on One Occasion there were several admitted, and that Two or Three were not prepared to pay, but still it was completed on the Roll."

"At what Period do you speak of?"

"I think a Year and a Half ago."

"Since the Election of 1826?"

"Yes, certainly."

"You never recollect an Instance of the Occurrence of that before."

"No; it never occurred before."

"You have always received it?"

"Yes."

"Have there been Instances of other Persons paying for the taking up the Freedom of Freemen?"

"Not to my Knowledge. The Parties at the Time they have been admitted have paid the Fee to the Serjeant who attends, and he apportions it."

"You do not recollect any Instance of other Persons paying?"

"No, I do not recollect it."

"If any Freeman did not pay, the Loss would fall upon you?"

"Yes, of course. It was my Duty to have the Roll complete at any Moment."

"Have you sustained any Loss in that respect?"

"I have in regard to Two or Three. The Burgesses said they would repay me the first Opportunity; that they had not then the Means."

"Is the Sum very heavy they are to pay?"

"A Guinea and a Half."

"Does that List contain the Names of all Persons admitted, together with the Period of their Admission?"

"It does; all who are now living."

The Witness delivered in the same, which was read as follows:

"Look at this List, and state to their Lordships whether those are the Names of the Voters who are dead?" (The same being shewn to the Witness.)

"Samuel Brown, William Cottam, George Haydock, Thomas Laurence, William Brown, Joseph Golland, Thomas Windle, William Grant, William Hodson, James Nicholson Colton, John Crooks, Isaac Dean, Westby Leadbeater, John Savage, Joseph Scott, John Mason, Robert Watmough senr, George Cooke, John Windle, John Leak, Thomas Gaskin, John Bower, John Baker, Mansfield, George Leadbeater, John Richards, William Golland, John Hartshorne, William Day;" those I believe are all dead."

"Those have died since 1812?"

"Yes, I believe they have."

The Witness was directed to withdraw.

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

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

"Yes."

"Do you live at Retford?"

"Yes."

"Are you a Freeman of Retford?"

"Yes."

"How many Years have you been so?"

"I think about Thirteen Years."

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

"Yes."

"Is he a Freeman?"

"Yes."

"Did you see him in the Month of October 1825?"

"Yes, I think I did."

"Do you remember seeing Mr. Wrightson the Candidate at Retford?"

"Yes."

"At the Time of his Canvass, who canvassed you? Did you vote for Mr. Wrightson?"

"Mr. Wrightson called himself."

"Was Thornton with him?"

"Yes."

"Did Thornton afterwards come to your House?"

"Yes."

"Did he take something with you?"

"Yes, I believe he did."

"Have you a Journeyman of the Name of Thomas Giles?"

"Yes."

"Have you another Journeyman of the Name of George Palfreyman?"

"Yes."

"Yes."

"Were they both Freemen?"

"Yes."

"Did Thornton the Voter make any Application to you for your Vote?"

"Yes."

"For whom?"

"For Mr. Wrightson."

"Was that in your Presence?"

"Yes."

"You yourself were canvassed in the Year 1818?"

"Yes."

"By whom were you canvassed then?"

"By Mr. Evans."

"Did Mr. Evans come with other Persons? Do you know Mr. Foljambe?"

"Yes."

"Did he apply to you?"

"Not for Mr. Evans."

"For whom did he apply?"

"For Mr. Crompton."

"After the Election of Mr. Evans in 1818, did you receive any Money?"

"Yes."

"How Much?"

"Forty Guineas."

"Do you remember any Expression being used by Mr. Foljambe, or any other Person, on the Canvass, when you were asked for your Vote?"

"Yes."

"By whom was the Expression used?"

"By Mr. Foljambe."

"What was the Expression used?"

"I cannot speak to the Words exactly."

"Give us the Effect, as nearly as you can, of what was said to you?"

"I cannot say the Words, I am sure."

"What Expression, to the best of your Recollection, did Mr. Foljambe make use of to you when he canvassed you for your Vote?"

"I cannot say what Expression he used."

"Have you heard the Expression "all right" used at Retford?"

"No, I cannot say that I have."

"Were you canvassed for your Vote in 1824?"

"No, I think not."

"Did you see Thornton in the Easter Week of 1826?"

"I think I did."

"Was that the Time to which you have before spoken of his having a Glass with you?"

"Yes."

"Did you hear what Thornton said to any of your Journeymen upon that Occasion?"

"Yes."

"What did he say to them?"

"He promised them that they should have the Tick, or something of that sort."

"What was said?"

"He mentioned the Money afterwards, I think."

"What did you hear Thornton say, either to Palfreyman or Giles, upon that Occasion?"

"He promised them, that if they would support Mr. Wrightson they should have the Tick, or the Money, or something of that kind."

"Did he say any thing about Sir Henry Wilson?"

"Yes, he did."

"What did he say about him?"

"He told them, in fact, that if they supported him he would not give them any thing; that he was a shabby old Fellow."

"Did he say what would happend if they supported the other Candidate?"

"Yes; he said that they should have the Tick, or something to that Effect."

(By a Lord.) "Explain what you mean by the Word Tick?"

"I suppose the Money for the Election."

"Have you the Means of knowing what those Words mean in that Town?"

"I do not know that ever I heard the Expression used before."

(Mr. Law.) "Did Thornton say any thing about Sir Robert Dundas, with reference to the Election?"

"Yes."

"What did he say about him?"

"He told me the same as he did respecting Mr. Wrightson, that he had no doubt that he would do the same."

"Do the same as what?"

"As Mr. Wrightson."

"What Situation do you hold in the Borough now?"

"I hold no Situation."

"In the Year 1826, what were you; were you in Office in 1826?"

"No."

"Did you receive Election Money Once or Twice?"

"Twice."

"After which Elections?"

"1818 and 1820."

"Are you a Master Shoemaker?"

"Yes."

"Do you keep several Apprentices?"

"I have Three."

"How many Burgesses reside, to the best of your Knowledge, in Retford?"

"I should think a Hundred. I cannot say."

"Do you think more or less than a Hundred?"

"I really cannot speak to it."

Cross-examined by Mr. Stephenson.

"Did you vote at the last Election?"

"No."

"To whom did you promise your Vote?"

"Sir Henry Wright Wilson."

"Did you give any other Promise?"

"Yes."

"To whom?"

"To Sir Robert Dundas."

"Why did not you vote for Sir Robert Dundas?."

"I did not vote for any one."

"Why did you desert Sir Robert Dundas?"

"The Reason was, that I was opposed to him in Principle."

"Sir Henry Wright Wilson's Principles and Sir Robert Dundas's Principles were conceived to be not the same?"

"Certainly."

"You preferred to vote for Sir Henry Wright Wilson?"

"Yes."

"Upon Principle?"

"Yes."

"Upon what Principle?"

"Upon my own Principles."

"What are they?"

"I was at the Time opposed to Catholic Emancipation."

"Not upon Tick?"

"No."

"But upon the Principles of Catholic Emancipation?"

"Yes."

"That was the Reason you abandoned Sir Robert Dundas?"

"Yes."

"Notwithstanding that Insinuation about Tick?"

"Yes."

"So that you would have preferred voting for Sir Henry Wright Wilson, in justification of your own Principle, though that Word "Tick" might mean something to your Advantage?"

"Yes."

"You say there are about a Hundred Voters in East Retford?"

"Yes; about that Number living in East Retford, I should think."

The Witness was directed to withdraw.

Mr. Stephenson was asked, Whether he appeared for the same Parties for whom Mr. Adam and Mr. Alderson appeared? and he stated that he did.

The Counsel were directed to withdraw.

It was moved to resolve, "That the Petitioners against the Bill be heard by Two Counsel only."

Which being objected to;

It was moved, "To leave out from ("That") to the End of the Motion, and insert ("the further Consideration of this Bill be adjourned till To-morrow.")"

The Question was put, "Whether the Words proposed to be left out shall stand Part of the Motion?"

It was resolved in the Affirmative.

Then it was moved "to agree to the said Motion as at first proposed."

The Question was put thereupon?

It was resolved in the Affirmative.

The Counsel were again called in, and informed, "That the Petitioners against the Bill were to be heard by Two Counsel only."

The Counsel were directed to withdraw.

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

Evidence to be printed.

Ordered, That the Evidence taken from Time to Time upon the Second Reading of the said Bill be printed.

Holyhead Road, Accounts respecting, Ordered forthwith.

Ordered, That there be laid before this House forthwith, "An Account of all Sums of Money granted by Parliament, and all other Sums expended by the Parliamentary Commissioners, from the Institution of the Commission for the Improvement of the Road from London to Holyhead to the present Period; distinguishing the Amounts applied to the several Portions of Road within the following Trusts; viz ^t.

"The Highgate Trust.

"Highgate Archway Road.

"Whetstone Trust.

"St. Alban's Trust.

"Dunstable Trust.

"Puddle Hill Trust.

"Hockcliffe and Stratford Trust.

"Stoney Stratford Trust.

"Stratford and Dunchurch Trust.

"Dunchurch and Stone Bridge Trust.

"Stone Bridge and Birmingham Trust.

"Wednesbury Trust.

"Bilston Trust.

"Wolverhampton Trust.

"Shiffnal District.

"Wellington District.

"Road from Shrewsbury to Bangor."

Also, "The Amount of each Contract for Works done on the said several Trusts, the Amount paid, and the Persons to whom paid:"

Also, "An Account of the Amount of the Debt secured upon the Tolls of each Trust and District of the Road between London and Bangor, distinguishing the Amount for each Trust or District, and stating the Amount of the said Debts in the Year 1817 and in the Year 1829:"

Also, "An Account of the Rate of Toll payable on each Trust and District of the Line of Road from London to Bangor, with a Statement of the Rate levied on each in the Year 1817 and also in the Year 1829:"

And also, "An Account of all Salaries, Gratuities, Travelling Charges and other Allowances paid under the Direction of the Holyhead Road Commissioners; stating the Name of the Persons to whom the said Salaries have been paid, and their Offices;" severally Ordered to be laid before the House on the 25th Day of March last.

Gordon et al. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of James Adam Gordon Esquire, and others; praying Leave to bring in a Private Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting Part of the Estates devised by and settled to the Uses of the Wills of James Gordon Esquire, and of his Son James Gordon Esquire, both deceased, situated in the Counties of Hertford and Somerset, and in the Island of Antigua in the West Indies, in Trustees, to be sold, and for laying out the Monies thence arising in the Purchase of other Estates; and for other Purposes."

Emeris et al. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of The Reverend John Emeris, and others; praying Leave to bring in a Private Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for confirming a Partition made by George Marmaduke Alington and Samuel Rowe Esquires of Estates in the County of Lincoln, devised in undivided Moieties by the respective Wills of Sarah Rowe and Elizabeth Rowe deceased."

Hildyard et al. Leave for Bill.

After reading and considering the Report of the Judges, to whom was referred the Petition of Thomas Blackborne Hildyard Esquire, and others; praying Leave to bring in a Private Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting the Estates in the County of Lincoln, devised by the Will of Mary Hutton deceased, in Trustees, upon Trust to sell the same, and for laying out the Monies arising from such Sales in the Purchase of more convenient Estates, to be settled to the same Uses."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum octavum diem instantis Aprilis, horâra decimâ Auroræ, Dominis sic decernentibus.