The Express.
London, England, 1855-02-23 00:00:00

THE BARNSTAPLE ELECTION.

Yesterday, at one o'clock, the members of this com-
mittee, reuniting of Mr. J. N. Butt (chairman), Marquis of
Blanchard, Sir J. Harmer, Lord Loraine, and Mr. L. Sey-
mour, met for the first time in Committee-room No. 3, to
• realm

try the merits of the petition presented against the
of Mr. Lauri* and Mr. Guinness at the last election.

The counsel for the petitioner (Mr. Tite, the architect)
were Mr. Edwin James, Q.C., Mr. Serjeant Kinglake, Mi.
Armstrong, Mr. E. M. Kelly and Mr. Hale.
The counsel on behslf of the sitting members were Mr.
Macaulay, Q.C., and Mr. Wingrove Cooke, for Mr. Laurie;
Mr. Slade, Q.C., Mr. Iliekie, and Mr. Lempriers, for Mr.
Guinness.

I. reply to some inquiries from Mr. Macaulay, it was into
mated by counsel for the petitioners that it was their inten-
tion to conduct the case against the sitting members both
individually and jointly.
Mr. Serjeant kinglike, in opening the cue for the peti-
tioners, said the allegations contained in the petition were
threefold. The first allegatioa was a charge on the part of
the petitioner (Mr. Tite) that Messrs. Laurie and Guinness
had obtained their return in contravention of the act of par-
liament. The second allegation affected Mr. Guianese alone,
and was to the effect that the declaration of his qualifica-
tion at the poll wee an insufficient one; and the third,
which was irrespective of either of these points, was to the
effect that Mr. Tito had • majority et votes at the poll.
The writ for Barnstaple having been burl, the election
tot k place in August, 1854, and the candidates were Mears.
Leans, Geniuses, and Tite. The nomination was on the
16th of August, and the polling on the 16th. Mr. Laurie
polled 333 votes; Mr. Ominous, 333; and Mr. Tits, 286;
thereby giving • majority for Guinness over Tits of 37 votes,
and for Laurie over Tin of 47 votes. There had been an
election for Barnstaple in 184, when Sir W. Fraser, Lord
Ibrington, and Mr. Brembridge were the candidates.
Oa that occasion, in 1862, Sir W. Fraser and Mr. Brun-
bridge were returned, but their election was subsequently
inland veld, on the ground of bribery and treating, by •
itemonnee of the bum. The writ was subsequently sus-
pended, mid veneetheill so truth August, 1864, and then a
umaimien was enpointed to inquire into the corrupt prac-
tices that had taken place. It appeared from the report of
the sammilmieuere ea that occasion that Sir W. Fraser polled
406 reins, end Mr. Beembridge 393, and that 261 voters
received bribes. Re believed he should be in a petition to
prove that 267 et *see identically bribed voters voted for
Laurie and Guinness at the last election. Out of the 207
who voted for Laurie, 183 were bribed, while there were
21 who bribed them, and the same number who voted
at the last election for Guinness voted also for Laurie,
'dewing an identity in interest, purpose, and corruption.
Me believed that a Mr. Cannes, was a party to the sego-
liatioes sad uranpments entered into by Mesas. Laurie
and Guinness for astute of money to be paid with reference to
the last return for Barnstaple. Be alleged that these sego-
Mediene ended is Mr. Laurie's 'freeing to pay a certain sum
—in believed 1,6001.—in conadention elan totem ; and
that IlAnwards Mr. Gotham. would be found to have been a
ormeenting party. There was no law to meet the caned pay-
meatelmeney in this manna ; but there was a precedent in
the meeMMr. Peacocke,who was unseated for a similar thing
at betroth. The learned counsel then proceeded to deal
with Mee Mlegatiou of want of qualification on the put of
Mr. Mninnun. That gentleman's qualification consisted of
en annuity or rent-charge on various baronies and lands of
unpronmenesable name in Ireland, of the value of 3201.,
being jut above the amount required under the act of par-
liament; end he (the learned counsel) bad to contend that
this qualification was fictitious, colourable, invalid, and
wanting in bane fide title. He then went at length
into the law of the cants and of the House of
Commons en the question of qualification generally; but
even, he would urge, if these gentlemen were found to be
well qualified, it would not deprive Mr. Tite of being en-
titled to be returned, provided he could show a majority on
the poll. A number of voters who voted for Guinness and
Linde on the bet omegas were bribed, and were liable to
be dm* ado
The astaftleoliatel bolded on inquiring into the ease
of went of qadMiaties splint Mr. GOMM, fret took
some formal wiliness, and adjonraed to 11 o'clock this
day (Friday).