The Express.
London, England, 1867-12-10 00:00:00

9.tTB r. CAVE.

This was an action tereeo•in7lo:7. for services alleged
to have been rendered at the election for the Sheriffs for
London and Middlesex in June, 1863.
The defendant pleaded never indebted.
Mr. Hawkins, qc. and Mr. T. Salter were counsel
for the plaintiff; Mr. Day, counsel for the defendant.
Mr. Hawkins in opening the case said the plaintiff was
Mr. William Hays, a warehouseman in the city of Lon-
don having a pirate residence at Ivy-bank, Fulham, and
the defendant was Mr. Thomas Cave, a citizen of Lordon,
and DU'. for Barnstaple. In 1863 the defendant berme
a candidate for the office of one of the Sheriffs of London
and Middlesex, and the evidence which would be brought
before the jur7 would present a curious history of the
way these elections were conducted. Before that year Mr.
Cave had been the personal friend of Mr.Bays,and hadvary
often intimated to him his desire of attaining to some
prominent position which would give him an opportunity
of frequently coming before the public—whether that of a
member of parliament or sheriff signified very little.
Mr. Hays thought the shrievalty of London was
exactly the thing for Mr. Cave, and in June 1863 he
went to that gentleman, who then occupied offices in
?doorgatsertreet, and suggested that he should become a
candidate for the post. Mr. Cave said he would not like
to start unless he rucceeded, and asked what expense
would have to be incurred Mr. Hays said he would suc-
ceed if he followed his advice, and that the expense of the
office would be between 2,000 f. and 3,0001. Mr. Cave next
asked what would be the advantages of the position. Mr.
Hays said, "Advantages which few men could hope to
look for"—that he would be presented at court, and that if
there happened to be a Queen's ball ho might be sure he
would be invited to it ; that the office of a justice of
the peace for Middlesex would be thrust upon him ; and
lastly that he would do what he bad never done
before and might never do again—dine with the
Archbishop of Canterbury "as usual." These were at-
tractions which Mr. Cave found it utterly impossi-
ble to resist, and he consented to offer himself as a candi-
date. Mr. Hays told him there were two things he must
do—retain for his undersheriff a respectable gentleman
named Gammon, a solicitor practising in Cloak-lane in the
City, and engage another gentleman named Ledger to sot
in the capacity of election agent. He further intimated to
him that he should expect 100 guineas for his own services.
These terms were agreed to, and the following address
was immediately published in the newspapers :
" To the Livery of London.—Brother Liverymen,—ln
compliance with the desire of some influential friends
among your body I have been induced to present myself as
a candidate for the honour of being elected to the office of
Sheriff of London and Middlesex for the year ensuing. I
am in a position to promise that in the event of my election
I shall be able to devote all my time and attention to the
duties of the office, and I trust with advantage and credit
to the first city in the world. I also pledge myself,
both as • citizen and an Englishman, to uphold
unflinchingly those municipal institutions to which we
owe so large • share of our political and social happiness.
—I have the honour to be, brother liverymen, your faith-
ful servant, THOMAS CAVL—Belmont, Mill-hill, Hendon."
The learned counsel observed that at that time he believed
Mr. Cave was neither • liveryman nor • freeman, although
he necessarily became both before the day of election, and
that hie " influential friends" were doubtless Messrs. Hays
and Gammon. Those gentlemen went to work to get to-
gether a oommittee on behalf of Mr. Cave, and a very in-
fluential one was appointed, Mr. Kennard, M.P. for New-
port, with whom Mr. Hays was acquainted, consenting not
only to become chairman of it, but to propose Mr. Cave
on the nomination day. Very awkward rumours, how-
ever, began to be spread abroad about Mr. Cave's connec-
tion with the Anchor Insurance Company, and with
another insurance company which was founded immediately
after that company ceased to exist, and it was also circu-
lated that he was nothing more nor less than a bill dis-
counter at • very high rate of interest Ultimately Mr.
Kennard requested that his name might be withdrawn
from the committee. It being apprehended that as there
would be opposition at the election (Mr. Michell, a director
of the Great Western Itailway,was the other candidate) these
matters might be brought forward on the nomination day
to Mr. Cave's detriment, • suggestion was made that the
services of an orator should be enlisted on his behalf. Ac-
cordingly attention was directed to the legal profession,
and the selection fell upon Mr. Serjeant Atkinson, but it
was discovered that he could not speak unless he was a
liveryman and a freeman, and he bad to be duly qualified
in both capacities. The learned and eloquent serjeant
appeared upon the platform in Guildhall but unfortunately
he was not called upon to eddreso the electors. The next
step was to "pack" the ball in favour of Mr. Cave, and Mr.
Hays went to Cremorne and induced Mr. E. T. Smith, the
lessee, to send 110 of his men, who received something like
ninepence • head, monopolised the front rows, end repre-
sented the influential supporters of the candidate. When
Mr. Cave appeared on the platform he was received with
uproarious applause, while Mr. Michell was hissed
and groaned at, and almost hooted from the platform,
and not a word Le said was heard. Mr. Michell had not
a single hand held up for him, and upon seeing this demon-
stration he said, " I see the unanimous voice of the city is
in favour of Mr. Cave, and I shall retire." The result was
that Mr. Cave was elected, filled the office of sheriff, was
presented at court, went to the Queen's ball, if there was
any, was invited to dine " as usual " with the Archbishop
of Canterbury, and in 1866 had the honours of the Middle-
sex magistracy thrust upon him. Thereupon Mr. Hays
said to him, " All your wishes are fulfilled—pay Ins the
100 guineas for my services." And what was Mr. Cave's
reply ? " I owe you nothing. What you have done for
me was from pure love and affection." The learned
counsel added that his client had to pay a considerable
sum out of pocket on behalf of the defendant, including
some of the livery fees, and expenses attending the employ-
ment of the Cremorne men.

Mr. W. Hays, the plaintiff, gave evidence in support of
the above statement.
Mr. Charles Gammon said tho plaintiff called on him in
June, 1863, and asked him if he would like to serve the
office of under-sheriff again. He replied, " Yes, I rather
like the office, and if you can get a good man for sheriff, I
will take that office." There were some emoluments from
the office of under.sheriff, but not so many u formerly.
It, however, paid, and the introduction was very gocl.
He told him that he would not guarantee the preliminary
expenses. He afterwards saw Mr. Cave and made arrange-
ments with him about the election. The plaintiff devoted
an enormous amount of time to the election.
_ _ _

Mr. Day, in addressing the jury for the defence, said
his client, Mr. Cave, had courageously come forward, to
resist what be deemed to be an extortionate claim, and
observed that his learned Mend, Mr. Hawkins, had pro-
bably been retained by the plaintiff, not merely on account
of his general learning and talent, but because having
been the unsuccessful candidate for Barnstaple-, when Mr.
Cave was elected, he was likely to invest the case with a
peculiar degree of interest. That Mr. Hays did
busy himself about the election there could be no
doubt, but it was as the jackal of Mr. Gammon, who
would greatly benefit if Mr. Cave happened to be sue.
cessful. Those who filled the ancient and dignified office
of sheriff bad not only the honour of going to the Queen's
balk, but the pleasure of attending executions at the Old
Bailey. They received fees and perquisites upon different
kinds of write and processes, and were entitled to the
clothes of the criminals who were executed. (Laughter.)
There was little or nothing on which the sheriff was not
entitled to levy poundage or demand emolument, and all
the receipts went into the pocket of the under.sheriff, who
received about 1,200/. in his year of office, and had the
pleasure, moreover, of appearing with sword and buckles
in the company of the sheriff on all important occasions.
It was for securing this substantial boon that Mr. Gammon
employed Mr. Hays, and it was totally untrue to say that
Mr. Cave ever employed the latter to act as his agent.
Mr. Thos. Cave, the defendant, was then examined at
considerable length.
The Lord Chief Baron, in summing up, toll the jury
that the only question was whether they believed the
plaintiff or the defendant, and remarked upon the fact
that the plaintiff allowed more than three and a half years
to elapse before be asked for payment from the defendant.
A juryman asked whether tf they thought there was no
contract, such as alleged, they could give anything to tho
defendant for his services.

The Lord Chief Baron—Certainly not. The plaintiff is
entitled to 105/. or nothing.
The jury, without leaving the bor, found a verdict for
the defendant.

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