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[1278 about the White-horse ?--I was in company Have you a son that is a voter of Hindon? with Andrew Farrat; and we stopped at Mr. ---He went for a vote. Stevens's shop; something passed there be- What did Steveps say about your son's vote? tween Stevens and Andrew Farrat, the particu. I dou't chuse to convict myself. lars I did not take an account of; at parting I [Edwurd Meade was called upon bis Subpæna, heard Jobber Stevens say to Farrat, Bid Lucas but did not appear.} be at the White-horse to-morrow nigbt.
Thomas Penny sworn.
Examined by Mr. Serj. Dady.
Were you a voter at the Hindon election ? Are you a voter at Hindon ?---Yes.
-No, I did not vote, but I was deemed a vote Do you remember Mr. Hollis conuing there, before the election. and Jobber Stevens ?-.-Yes.
Do you know Jobber Stevens ?--Yes. Where did you see them ?---At the George. How long have you known bim?- Eleven or
Wbat did they come there for ?---To canvass twelve years, or more. the borough.
He is a voler at Hindon ?-He has been Did they canvass the borougb ?--Yes. formerly.
What was said and done ?--- They came to He lives at Salisbury, and is a butcher? ask for their votes.
Yes; I remember Jobber Stevens and two gen · Do you remember any thing being said !--- tlemen coming to my tatber's house; my faYes, the voters cried, One and all."
ther asked Jobber Stevens what the gentleWhat answer was given to it --- I do not re- man's name was, he said, his vame was Hollis ; collect wbat Mr. Hollis said.
Mr. Hollis said he caine recommended by JobWere you at the White-horse at any time? ber Stevens, to present himself as a candidate --Yes.
for the ensuing election for Hindon, and the What did you go there for P---The same as voters said, · down and down.' the rest of my neighbours.
Where was this ?-lo my father's foreWhat was that for ?---] went there for fit parlour; the Queen's head : Mr. Hollis said, teen guineas.
It shall be down, and that soon.' Did
you receive fifteen guineas ?-Yes. You deal but in short speeches at your bo. How did you receive it?-Through a hole. rough. Mr. Hollis said he came recommended
Was any body else with you ?- Thomas by Stevens as a caudidate at the ensuing elecPepny, George Hayward, and Thomas Wyer. tion, the men said, “ It should be down and Did you sign any note ?---Yes.
down,' and Mr. Hollis said, • It shall be down, Did you all sign it ?—Yes.
and that soon.'. Wbat passed next ?--Nothing Did they receive the money too ?---They more at that time; the Saturday following I held their hands up the same as I did, to the went to the White borse. hole of the door.
What passed there?-) and three more gave What did you receive this money for?--- a note. They did not tell me what it was for.
How many more might be in the room?-Whom did you vote for ?---For Mr. Hollis. There was Jobber Stevens's brother, and two
Did you ever see Mr. Hollis at Hindon be- more there when I went io : Samuel Colyer, fore this time?--Not before the first time he George Hayward, and Thomas Wyer joined
with me in a vote, that note was for 60 But he won yonr heart at once !---Yes. guineas.
How much had you ?- Fifteen guineas. Thomas Moore sworn.
How did you receive that ?-Through a Examined by Mr. Moysey.
hole over the door. Do you remember being at Salisbury upon Do you
know who that came from?-No, it the 4th of September, or thereabouts in 1774! was bånded through a hole over the door in -Yes.
loose money, Did you see Jobber Stevens there ?---Yes. Did you sign the note before you had the
What did you say to bim, or he to you?--I money, or after ?-Before. asked bim if he could help me to the favour as Whom did you offer to vote for ?—- I did not the rest of my neighbours had; for Mr. Hollis, offer to vote for any body. he said he had nothing to do with it.
Whom did you engage your vote for?-I Did you go to him for that purpose or meet kept that to myself titt i came to the Cross. him by chance ?---For that purpose: I hope I In whose behalf did you receive the fifteen am not to convict myself, the other part may guineas ?-_That I cannot say. tend to condemn myself. He said he would You knew you were no vote then ?-No, I go to the Three Lions and meet somebody thought I was a vote. there, and I should come up afterwards and see And you went and received the favour?him there ; that is the greatest part I can re- Yes. member.
Whose favour ?-I cannot say. After you came out from the Three Lions, Who bid you go to the White-horse?-It did you see Stevens, ain ?..-Yes, in the was reported that money was going to pass market-place.
there, therefore I went to tbe White-horse..
Whose money ?-I did not koow that, I to offer himself a candidate for the borough of have said so before.
Hindon, at the next ensuing election, and So you went there not knowing whose mo- hoped he should have the favour of their ney it was, nor what it was for P-I was not votes ; Sterens said Mr. Hollis was an honourcertain of that.
able geotleman, and would bebave with hoWhom did you understand it was for, whose nour, then the voters said it must be one and favour did you understand it to be ?--I under all.' stood it was in Mr. Hollis's favour.
What else did they say ?-I cannot recollect Cross-examined by Mr. Batt.
what they said besides.
Did Sievens say any thing when they said I believe you were examined before tbe com- so at ibe Cross ?- cannot say he did. mittee of the House of Commons, and gave a Wbat did the voters say when Stevens provery long account of this matter there ? - posed Mr. Hollis at the Cross ? — They said it Yes.
must be one and all.' What did you tell the committee was the Was there any thing else said ?--I don't reanswer Mr. Hollis made when the voters said collect now. • down and down ?- Mr. Hollis said, . It should Did you hear Stevens say any thing more at be so, and that soon.'
that time?- I cannot recollect that I did. Was that the answer you made to the com- Was tbis Stevens, Jobber Stevens ?--Yes. mittee ?-- That was down upon my exami- When was it afterwards, that you saw Mr. nation.
Hollis ?.-. The same day, at the Rose and You have read your examination lately - Crown. Yes.
What was said then ?---We were some of as · Then you have read it to little purpose : the billetted there; be came in, and said he boped words you said before the committee were, he should have the favour of our votes and in
that he should be as good as any other gentle terest: we told him, we had no objection, proman,' not that it should be so : Dow, you say, vided he was as good as another gentleman : that in answer to the voters saying down and Mr. Stevens said, be made no doubt of it. down,' he said • It should be so,' which is the Was Mr. Hollis present ? --- Yes. truth, they cannot both be true? If Mr. Hollis What was further said by Stevens ?---Noonly said one, now which is the true account? thing further: some of the voters asked him -The meaning of both goes to one thing. when it might be; he said, Your time shall be
I desire to koow which of the accounts that my time; they made answer, the sooner the you have sworn to is true ?- That which I better: he said, once within a week be would have sworn last is true, and that is what I have do something for them. sworn in London.
Court. Did Stevens say all tbis ?---Yes, Mr. Batt. Then that which you said before, some of the voters asked him bow much it cannot be true, of conrse.
might be ; Stevens lifted up his hands, holding Mr. Serj. Davy. Did or did not Mr. Hollis up his five fiugers, and said, Gentlemen, twice say that he was recommended by Stevens to this: we took that to be, that it should be offer bimself as a candidate, and that he would twenty gaineas. be as good as any other gentleman ?-Yes. Did you go at any time afterwards any
Mr. Butt. You said you just read over this where ? -.. To the White Horse, about a week examination ; what was the reason of that ?- afterwards, according to Stevens's orders. To be sure not to make any mistake.
What passed at the White Horse !--- I found You were afraid of dot telling the truth I there Henry Iluffe, Benjamin Cbolsey, and suppose? -No, I came bere to tell the truth. Jacob Stevens's brother, and another gentleman
How lately have you read it ?— I cannot tell that I did not know. exactly.
What was done when you got up there?--Tell me within a day or two ?-When I was There was this gentleman a writing of notes; in London about a fortnight ago.
there was a note put to me to sign it. You said just now that this money was Mr. Did you sign ii? -.-Yes. Hollis's, what reason had you for thinking so ? Did any body else sign with you ? --- Yes, - I could think no other, as he came to canvass Edward White, Richard Ingram, and James the town so soon afterwards.
Daris: the geutleman asked me to driuk a William Crabb sworn.
glass of punch, which I did ; the note was put
into a hole over the door, and I put my hand Examined by Mr. Serjeant Grose.
up to receive the favour. Do you live at Hindon ?-Yes.
For whom were you to receive it?..-We Do you remember Mr. Hollis's coming to took it, that it was to vote for Mr. Hollis. Hindon?-Yes.
Did any body tell you whom it was to rote When was it ?--In August.
for?---No. Whom did he come with ?-With butcher What was it you received at the hole of the Stevens.
door ?---Fifteen guineas I received in my hand. Where did you first see him at Hindon ?--At Did the rest receive any thing ?--They put the Cross.
their band to the hole; I cannot tell what they What did he say there?--That he was come received.
Cross-examined by Mr. Mansfield.
to the praise of having reclaimed bis electors Who were present at the Rose and Crown from this inveterate abuse of their franchises. when this passed that you have mentioned ?--
Each of the informations contained several There were eighteen or nineteen of us : there counts, and both Smith and Hollis were found was one Joseph Lamb.
guilty on all the counts, in the informations · Who else ?-.- cangot recollect.
against them. Most of the counts charged Not recollect one ? --- I cannot say I can, to them with acts of bribery committed in October, be certain.
1774, immediately before the election. For Was Richard Ingram there?...-J.cannot-say. 1776) to actions on the statute of 2. Geo. 2,
those acts, they were liable still (until October, Jeremiah Lucas ?--- I cannot recollect. - You can recollect none but Lamb ? ---No.
cap. 24, and to all the penalties inflicted by Can you recollect any other man that saw
tliat statute.* The court of King's-bench, in this holding up of hands ? ---I suppose, every don, when the defendant was found guilty on
the case of the King against Heydou, or Haybody there must see it.
an information for bribery granted by the Court, [Elias Stevens was called upon bis subpæna, respited the judgment, till the time within but did not appear.)
which actions on the statute might be brought Mr. Serjeant Dady. My lord, we rest oor was expired,t in order that he might pot be case here on the part of the prosecution, twice punished for the same offence; and,
Mr. Mansfield made a speech to the jury in nearly about the same time, in the case of the behalf of the defendant, but did not call any King against Pitt, and against Mead, they, on witnesses.
the same principle, established it as a geoeral Mr. Baron Hotham then summed up the rule, pot to grant informations for bribery in evidence to the jury, who by their verdict pro- future, until the end of the two years allowed bounced the defendant Guilty of the charge by the statute, for proceeding by way of acálledged in the information.
tion. I. This rule, however, could only operate Mr. Calthorpe and Mr. Beckford were ac- upon informations granted, by the discretion of quitted.
the Court, to private prosecutors, aod could
not affect those filed, ex officio, by the Attorney Easter term, 16 Geo. 8, Smith and Hollis were formations, er oficio, the Court migbt obtain On Monday, May 20, being the last day of General.g The reason of the rule is, indeed,
equally applicable to both, and in cases of in brought up to the court of King's-bench, to receive the judgment of the Court ; but as'tbe the same end, by respiting judgment, as in the judges were desirous to have longer time to
case of the King against Heydon, till the exconsider of the proper punishment, they were, piration of the two years. But the rule, committed till the next term, w the King's- ibough general, was never meant to be unibench prison.
versal ; for in the case of the King against Pitt, Previous, however, to abis commitment, viz. and against Mead, lord Mansfield said, “There on the 16th of May, the new election for Hin- may possibly be particular cases, founded on don took place; and Mr. Smith having again particular reasons, where it may be right 10 declared himself a candidate, be was returned, grant informations, before the limited time for together with Henry Dawkins, esq.
commencing the prosecution (on the statute of
2 Geo. 2, cap. 24.] is expired." 11 On Saturday the 8th of June, being the se- Mr. Justice Aston now delivered the judg: cond day of Tripity term, 16 Geo. 3, Mr. Smith ment of the Court. After stating the qualifica and Mr. Hollis were agaio brought up for judg- tion with wbich the general rule had been acment.
companied in the above-mentioned case, be obOn the former occasion, Mr. Serjeant Davy, served, That there was a very great difference as counsel for Mr. Smith, had informed the between the cases in Burrow, (where the of Court, that his client had, a few days before, fence was the bribing of a single voter, and the heen re-elected by a great majority of voices, prosecutions carried op by private persons, who to represent the borough of Hindon, and since might also have sued on the statute) and the there was not (as he alleged) the least shadow present instance, which was that of a general or pretence, for any charge of bribery against corruption, and the prosecutor, the Attorney him at that election, be hoped that would ope- | General, acting under the express order of the rate with the Court in mitigation of the punish. House of Commons. He entered largely into meot they might think fit to inflict opoo bim. the nature, enormity, and dangerous tendency He said, that at his first election, instead of of the offence; taking notice that among many introducing, for the first time, corruption into evil consequences, one of its most obrious ef. the borough, Mr. Smith himself had been led fects was, to give rise to the crime of perjury, astray, and induced to the offence of which the verdict of a jury had found him guilty, by * Vide Douglas, vol. 1, p. 410. ibe established, and almost universal practice, + 3 Burr. 1359. # Ibid. p. 1340. among the voters of Hipdon, of exposing their $ For the difference between these two sorts suffrages to sale; and that by the purity with of informations, vide Blackst. Comm. vol. 4, which the last election had, on his part, been p. 304, 4to ed. conducted, he was, in some measure, entitled || 3 rr. p. 1340. VOL. XX.
because a voter who has sold his vote, or has Justice Aston and Mr. Justice Willes, before been eveu promised a reward for it, must, if the other judges were come down. Yet, I the bribery.oath is tendered to bim, be guilty presume, it is to be considered as having been of perjury, before he can be admitted to poli. done in court, since the recognizance was upHe traced the history and gradual progress of dersigned "By the Court." election-bribery, and of the different remedies The reader will remark that the same incawhich the House of Commons and the legisla- pacities eosue upon a conviction on a prosecuture had provided against it; and mentioned, too for bribery by way of information at comparticularly, that a very gross scene of corrup- mon law, as when the proceeding is by an action which had taken place at Beverley, in tion under the statute; the disabling words in Yorkshire, in the year 1727,* had given rise to the act of 2 Geo. 2, cap. 24, sect. 7, being as the statute of 2 Geo. 2, cap. 24.
follows: The Judgment he delivered nearly in the “And every person offending in any of the following words:
cases aforesaid, from and after judgment ob“ The Court has taken into consideration the tained against him in any such action of debt, imprisonment you bave already undergone, bill, plaint or information, or summary action, ond they adjudge that you shall pay, each, a or prosecution, or being any otherwise lawfully fine of 1,000 inarks; and that you be impri- convicted thereof, shall for ever be disabled to soned six months, and until you pay your re- vote in any election of any member or memspective fines.
bers to parliament, and also shall for ever be “ As to you, Richard Smith, the Court can. disabled to hold, exercise or enjoy any office or not help expressing their astonishment at what franchise to which he and they then shall, or appeared from the mouth of your own counsel, at any time afterwards may be entitled, as a that you continued so boldly to persist in your member of any city, borough, town-corporate, altempt, and that you have been again returned or cinque port, as if such person was naturally
, for the same place. They therefore bave dead." Douglas's Election Cases. thought proper to add to your punishment, that, at the expiration of the term of your imprisonment, you shall give security for your good behaviour for three years-yourself and “ 1776, 17th May. The Attorney General iwo sureties--you to be bonod in 1,000l. and came into the court of King's.bench, and each of the sureties in 500l.”
moved for judgment against general Smith, for Io consequence of this judgment, both the bribing the electors of ihe borough of Hindon : defendants were conveyed back to the King's Mr. Justice Willes stated the evidence agaiost bench prison, where they continued till the 230 bim. As soon as he concluded, serjeant
. Dary of November following. i. e. for the space of and Mr. Mansfield endeavoured to mitigate the 168 days, or 6 lunar months.t
sentence, by shewing how much the general On that day, their fines having been paid had already been punished for bis offence, the into the bands of sir James Burrow, the clerk great expence he was at, and likely to be at. of the crown, some days before, Mr. Aollis lo answer to what was urged in his favour, the was discharged by the marshal.' Mr. Smith Attorney General insisted, that the reasons was brought up to Westminster-ball, and in given in favour of him, only aggravated bis the treasury.chamber of the court of King's guilt. Lord Mansfield then began by expressbench, was bound over agreeably to his sen- ing his concern that the defendant had brougbs tence for tbree years. This passed before Mr, bimself into so disagreeable a situation, pursued
the Attorney General's idea, that as to the ex• • It is impossible to collect any thing of the pence, the general brought it on himself by particular merits of this case of Beverley from procuring a return by corruption; that the the eotries relative to it in the Journals. Vide voters being willing to receive bribes, was do Louro. vol. 21, p. 24, col. 1. 1 Feb. 1727-8, justification of the giver, that such punishmeot 2. 188, col. 1, 2. 22 Jan. 1728-9, p. 236, col. should be iuflicted as would compel the candi. 1. 2. 25 Feb. 1728-9, p. 249, col. 2. 9. p. date to be bonest, that the present case was of 450, col. 1. 4 March, 1728-9, p. 259, col. 1, the most serious nature. An officer of the R. 8 March, 1728-9.-Douglas.
crown, on behalf of the public, prosecuted to + “A month in law is a luoar month, or 28 conviction. A man endeavouring to get into days, uoless otberwise expressed, not ooly be the senate by corruption; this crime called for cause it is always one uniform period, but be- ample punishment by way of example ; it was cause it falls naturally into a quarterly division the first instance of the kind heard of, and hy weeks. [Thus in a case in Dyer, 218 b. ) should be maturely censured, as it would be on the statute of enrolments, the six months impossible to preserve the constitution from were reckoned of 28 days each.)” Blackst. ruin, if courts of justice did not act with vi. Comm. vol. 2, p. 141, 4to ed.-There is ano- goar, when such matters came before them, ther reason why, in cases of punishment by His lordship theo ordered the general for the imprisonnent, ihe computation should be by present to stand committed, and to be brought lunar mouths; namely, the favour which is always to be shewu to liberty, where the terms * I was favoured by sir J. Burrow with the are ambiguous and doubtful.-Douglas. account of these circumstancese-Douglas
up the first day of next term to receive what. “ The day following, one of the voters at the ever sentence the Court should think proper to same election was brought before the same pronounce. Mr. Hollis, the other candidate, Court, to receive sentence for wilful and corrupt atanding upon the same ground, was dismissed perjury, in his evidence before the House of in the same mauner, and both sent to the Commons, wben be received sentence to stand King's-bench prison.
on and in the pillory, with a paper on bis fore“ June 8th. General Richard Smith, and bead signifying bis crime, “Wilful and Cor. Thomas Brand Hollis, esq. the late members rupt Perjury,” twice in the town of Hindon on for Aindon, were brought before the court of market-days, between eleven and two, the first King's bench, in order to receive sentence, time to-morrow se'nnight, and the second the having before been convicted of bribery at the Thursday following. And accordingly on last general election, when sir Richard Aston Wednesday the 19th following, he was brougbt prefaced their sentence with a pathetic speech, from the King's-bench prison to Fisherion
in which he expatiated on the enormity of the gaol, Wiltshire, and on Thursday, was carried crime, as, by violating the freedom of election, to Hindon, where be was placed in the pillory and corrupting the electors, the British consti- for the first time. He was met on the road by tution, the most perfect in the world, could only a number of his friends, with two flags, and be undone, that the crime of which they had blue ribbons in their hats.
The populace been guilty was aggravated by the tendency it treated him very favourably, their attention had to lead the ignorant and unwary to the being taken off, in a great measure, by a percommission of that horrid and foul sin of per- son mounted on a stool, who sung and sold an jury, the only barrier between God and man. election ballad, much to their entertainment. From these and other reasons equally forcible, He was brought back to Fisherton gaol in the he inferred the necessity of an exemplary pu- evening, and is to undergo the remainder of nishment, and adjudged them to pay a fine of his sentence the Thursday following."- Appual 1,000 marks each (6661. 13s. 4d.) to the king, Register. and to suffer six months imprisonment, and one of them (general Smith) at the expiration there. See more concerning these transactions, and of, to enter into a recognizance of 1,0001. bim- the borough of Hindod, in Douglas's Election self, and two securities in 500l. each, for his Cases, vol. 1, p. 173, vol. 4, p. 271. 18 Parl. good behaviour for three years.
Hist. 575, et seg.
560. The Trial of an Action brought by STEPHEN SAYRE" esq.
against the Right Hon. WILLIAM HENRY Earl of Roch FORD,
Edward Hawkins, Mr. Serjeant Glyon, Mr. Serjeant Adair, Mr. Edward Bond, Joho Willis, Davenport, Mr. Alleyne, Mr. Arthur Lee.
Cbarles Matthews, Redburn Tomkins,
William Downes, John Biggs, Mr. Attorney General, Mr. Solicitor Ge.
William Clarke, esqrs. neral, Mr. Serjeant Davy, Mr. Wallace, Mr. Serjeant Walker, Mr. Duoping.
THE Declaration was opened by Mr. Lee,
as follows: * I suppose that he was the person meutioned by Mr. Douglas in bis Reports of Gentlemen, This is an action brought by Election Cases, vol. 3, case 26. Seaford Case. Stepben Sayre, esq.; against the rigbt hon.
† As the original publication contains not Heory Earl of Rochford. the speeches of the Counsel, or the Lord Chief Thé Deelaration states, That upon the 231 Justice's charge to the Jury, I have inserted in of October, in the year 1775, the defendant did, votes the report given of them in the Morning by various illegal violences, enter the plaintiff's Chronicle newspaper of Jupe 28th, 1776. In house, seize his papers and his person, and the Appual Register for the year, History of commit him to close prison for several days, Europe, p. 53, is a brief account of the arrest contrary to law; which the plaintiff lays to his of Sayre.
damage in 30,0001.