The British Press; or, Morning Literary Advertiser.
London, England, 1820-01-13 00:00:00

DEPARTURES.

- - -
The Earl of Lauderdale, from Warren's Hotel, Regent-
street, ou a visit to the Duke and Duchess of York, at their
scat, Oailrindv.
Earl Grey, for his *eat, Howick, Northumberland.
The Counter's of 11exInwongls, from her house in Picea.
dilly, for her seat in Yinkshire.
The Dowager Comiless of Pembroke, from her house hs
Cavendish-square, fur her seat at Richmond,.
Colonel Bagwell, from the London Hotel, Allytmark.
street, on a tunr.

The Duke SAN CARLO. entertained a part• of
di!dtinction yesterday at Ina hour. iu Portland-place.

The l'attacE REGENT, on his Me visit to War.
wick Castle, left Ma iii the hands c,l General Sir
C. GREVII.I.E, to be eXprotlcd for the use of the
poor of IVaiwick, which was dune week by
distributing 80 warn) routs to the uteri, and us
many winter cloaks to the females.
His Royal highness the Duke of SUSSEX, the
Dukes of NOlllrol.K and BEDFORD, the Marquis
of TAVISTOCI, Lord ERSKINE. and Many other
Noblemen, will he on a vi•lt at [Julkhain•hall the
latter part of this w.erk, and remain till Sunday
the 23,l instant, when they will arrive it► Norwich,
and honour W. FosTert, Esq. with their comp toy.
The Marquis of ANGLE►EY hiss stilt 10/. to the
families of the sailors who were lust on the Weld►
coast, in the brg Eli:obeth.

Lord BULICELEY IHst wtek relieved the debtors
in Ileatimatis gnat; •iitl ninety families are sup-
plied twice a week with soup and a loaf, front the
mansion of Baron-hill.

In the new fortification at Chester, the hors
works extend into the Nous' garden..
The Comedy i?( Errors increases in attracting at
Coventsgartleit Theatre. The houre ovelflowed last
night with ail elegant autheixe. The Alaiisiger has
made no mistake in bringing forth this lot of errors
in the vlinve of an opera.
Mr. Boons rcquestr us to state, that his en-
gagensent at the Coburg Theatre, expired nu
Monday last,, and that hi. name iu the Lille Iws
since appeared through a inist.ke.
An account of n dai.ce it given in it provincial
Paper .riyaply pri tely under the bead of /lop
Intelligence.
It is said that M. the Duke de Roiriictill:kurl)
purposes to depart immediately for slisyrus, ether*
he is a partner in • 'commercial house.—(Paris
Paper.) .
Uo Wednerday the sth inst. the Loan PROVOST,
%vinare, dllll Council, unattimosiaty elected Dr.
ROBERT GRAHAM, physician, to be Professor of
Bowl in the University of Edinburgh, in the
room of the late Proferaor RUTHERFORD. Dr.
GRAHAM has filled the Botanical Professorship in
the University of Glasgow with much celt
and has also distioguirhed himself by his imurove-
tnents in tile new Botanical Garden there. Govern-
ment, with its usual attention to the encouragement
of science, has lately purchased some acres of
ground in a fine situation in the neighbourhood of
Edinburgh, for a Botanical Garden, to be laid
out under the superintendence of Professor GRA-
HAM —(Pdiuburgh Correspondent.)
The casette de France contains a general notice
of the valuable discoveries made iss Africa by Signor
Bsr.zottt, the celebrated Italian traveller, and thus
concludes :—" It is painful for us to agnounce that
the Loudon Museum alone profits by his discoveries."

The Ticket No. 8,443, drawn at eleven o'clock
yesterday morning n loin- of 20,0004 Consols.
was sold by WEBB, in One (loaner, Two Eighths, and
Eight Sixteenth Mime., at his fortunate Offices, 9, Cornball,
and 17, litilgate.striiet ; where the fir.t.tliawu Prize of
20,0001. in the hint Lottery was also Sold iu Shares.—Tbia
is keeping it up!
Fortune Inas moan, rewarded some of those who
puichase their Shares at PIDDISo and Co.'s
Office, No. 1, Cornhill, haying distriSiited there another
Prise of TWENTY THOUSAND POUNDS, viz. No.
3,443, drawn yesterday, which tieing the Firsuilrawn Prize,
Wee ellilitied to 20,0001. Consuls—it was divided into nun
NW, one !Mailer, oar Eighth, and two nisteenito, and the
forlisisme holders 'nay immediately receive the raise. This
must be a pleasing memento of having Mesh the New leap
Yaw properly, by paying • visit to PIDIDIMON Mike.
TWO more Woes of 20,000!. Starfilm Marty, remain for
the :met Day of Mewing, Saturday, 29:h of this Month.

PUB LW DINI4 R 47411TH1N.

A very•IIHRIefOUS and most respeciable company
' of the friends and supporters of Mrs.. Myddeftiiii
Biddelph, and the prevent Member for the Bu.
rough, dined together sit the Wymistsy Arms. in
nsi Tuesday the 4th iestant. The Chair
was taken at three o'clock. by Colonel Kenrick,
of Ninitclwytl, when the d ' g-ruous exhibited a
plentiful supply of every delicacy, served tip in a
manner minds did much credit to the judgment
and taste of Mr. and Mrs. Stout. The wines were
of a very superior description, and the reputation
of Mr. Haman. of Chester. wa• not a little extend-
ed by their elm-Hence. Mr. Alilett, of I.laiibedr
Nall, Colonel Peers, Mr. Thomas Kenrick. and
Mr. Lloyd. presided at different tables. A few
eeee •e• after the company had sat down to the res.
live Ward. they were sgrerably surprised at the
entrance of their respected .Member, Mr. Wynn
Griffith, of Gann, who was returning from his
duly sit Parliament, to attend his sio less important
ditty as ei Niagistrate in Ilia native county. Ile
was greeted MI hi. entrance tosto the room, with
acclaims:ions winch appeared 'tut a little gratify.
log to Ina feelings. for they evinced unequivo.
(mile a full approval of hi• conduct as a senator.
After the health of our revered Sovr•eign, the
Prim.... and Princip.ility, the Army. the Na►y. &e.
the CHAIRMAN gave
" The braille of Mrs. 1117.1deltou Biddulph, the head of
the illustriuus Meuse of Cbirk Castle."
Three fulluarei—
" Mr. Robert Mydd Iton Bid.lalple, and may we waver
want a Member of hi, House to represent us in Partianseat.”

Throe two toasts were drunk with tin euthusiaim
so animated and heartfelt, as to baffle any powers
of description. Whilst the room rung with three
times three cheers, for the latter toast, it was neatly
observed by one of the company. " Let us cheer
him now, soil chair him hereafter"—a sentiment
received with shouts of laughter noel applause, for
it was at once cousiilrred to hear strong allusion to
a cert4itt premature chairing a few week ago.
6. Min Myddeltuu, ►ise Lady of the Manor."

This toast was accompanied from the chair with
the cordial expression of a hope, which, if remhzed,
would proloshly troll materially to the re-establish-
nient of the harmony of the hoorou4hs,
u The Member fur the Boroughs or Denbigh, nothis,aast
Holt."

This toast was re 4 rived by the company with the
euthusimut the object of it merited.
The worthy Member, on returning thanks, took
the opportunity of explaioing his parliamentary
conduct, 414 to the kite legirlative enactments.
• Sir W. W. Wynn, Bart."—Load and repo sled cheering.
" Culwel Kenrick, and prosperity to the House or Neut.
dwyd."
'r Mr. Motet!, of Llauhedr Hall."

" Mr. Parry, or Plas Newychl."
The company mum regretted the absence of this
Centlemin, *horn business of importance in Lou-
date puev.tned attending the meeting.
* Tbo Warden of Ruthio."

It to loudly necessary lo those who know the de.
served povulurity of this excellent MCI. to speak
of the ardour %101 l which his health was drunk.

" Culoud Peers"

" The Curourr fur the Comity"—vtion returned thanks.
" The Aldermen and Corporetton uf Ruthin."
The Aldermen and Corporation uf Denbigh."
" The Meyer and Corporation of Huh."
" Mr. Wynn Griffith, sod prueperity in the hereto( Gera."

Mr. GRIFFITH expressed his high sense of the
compliment paid to his family, and proceeded to
express Ills gratification •t the number •nd re-
apvctability of Isis assembled friends. He gave •
most el:et:ring account el the other contributory
boroughs; that of Denbigh, the attachment to the
head of the house of Chirk Castle, was such as to
include almost the whole of the electors, and, that
of Dolt, the majority was considerable and decisive.
The company separated about nine o'clock,
highly gia'itied with their entertainment.

Yesterday a Court of Directors was held ut the
East 111111t1 House. when Captain THOMAS SAM.
HERS Wm, t.wtiris onto the command of the ship
Orwell, con►igned to Chin• direct.

The advice* received from the United States
state that come important commercial arrangements
have lately been entered into between the Govern-
ment of the United States and the King of I'ttua•
SI A. By throe, all vessels belonging to his Alajerty
are placed on the same footing, us to tonnage, as
those of America, and also us I. the duty on goods
imported by them, being the produce or manufac-
ture of Prussia. Air order had been issued from
the Treasury Department ut Washington, address-
ed to the Collectors of the different ports of the
Union, for carrying these ►egulations into effect.
By the Isabella, Captain BISHOP, arrived at
Standgate Creek from Mogadore, advice. are re-
ceived from thence to the sth ult., at which period
the plague was still prevalent there, but the deaths
were, however, not more than three or four each
day, and as the weather had takers a favourable
change, it was confidently expected the infection
would crate in a short time. Owing to the above
circumstance, the Isabella brought a foul ball of
health, anal has therefore been ordered to perform
thirty days quarantine. The British Vice• Consul
returned home passenger in the vessel, stud is now
at Standgate Creek.

Friday evening three Frenchmen were appre-
hended at Dover, on suspicion of hating come from
France on tome bed design ; one of them has been
a Captain its the army of BONAPARTE ; they are
said to belong to r gang of banditti. and came over,
it a reported, to rob awl set fire to some hones
here: they were attended by a person, one of the
three, as a spy, who gave information th.tt four
others are expected across. There ie a good look
after them.—aeistish Gaseite.l

The General Quarter Sessions fur this city com-
menced yesterday ( Woolley, Jam 10) at the build-
hall, before WILLIam COURTIIN AY, Ertl. M.P.
Recorder, the Right %Voishipfol the Mayor, and
■ Bench of Magistrates, when Junes Tucker was
Nom] guilty oil two indictments, for vending blas-
phemous publications—riot sentenced; particular's
in our ilext.—(Beeler Pu)er.l
Norwich Cora Market, on Saturday, was thinly
attended, and but little business done; both Wheat
and Bailey advanced about Is. iser cossush, and
other grain was also dearer.—There was but a small
stew of lean or fat Beasts, and u.s . stitch usessay
stirring ; few Sheep were iu the peso, sad pleats
high.

•
LAW lATELLMENCE.
•
COURT OF ICH4G'S BENCH, OficesaLL,
WIIMIZSDAT, JARVAIIIT 11.

• AWN. 4* • •
CULLRIS'IIs ,110111111%
This was sus action arising eat of the proceedings
of the late Westminster Election. The Defendant
had refused the I'leinntra vote, OA the ground of
not having paid his poor rases.
Mr. EVANS stated. the first moister the declara-
tion charged .the Defendant with tweliciossfy its.
ten-unting mad peremiting him from giviug his vote
for John Conn Ilefillouse. Esq. at the last election
for West ter. The other eosins were overly
the same us the first. the word ••
bring left not.

BLACIIIIURNE stated the case, than which
there could be nothing more important, not to
Westinitister odour, bat to the electors of the
whole country ; and as it was an affair of almost
personal interest to every voter, lie did hope before
long, that the interest which attached to the sub-
ject would become insportasit to every man in the
kingdom. The questsoir they were •boat to try
was, whether the right of voting. which formed the
essential difference between a free man and a slave,
should remain with the iiihiliitont bueeeholders
of Westminster, or he placed sit the disposal of the
poor rates' collector. A writ had been breed direct.
tog the Sheriff to return a member in the room of the
late and much lamented Sir Sensed Roundly. The
Sheriff issued his precept fur that purpose to the
High Bailiff. The election commenced; three
gentlemen started at candidates. but the contest
lay chiefly between Mr. Hubliouse and Mr. George
Limb. The latter sous hacked by the whole
strength of the two chief political parties, whose
wealth said influence readily commanded the at-
tendance of the rates collectors. The friends of
Mr. Hubhouse, on the contrary, had nothing in
their favour but their votes. and the Jury would
Isnagitie what must be the consequence of al-
lowing the repetition of such decisions as that
which he had to state to them, when he iisforined
them that as many electors had been disqua-
Ified by the objections of the poor-rates collec-
tors, as would have were, Mr. Hobhouse the maks-
rity nu the poll. It was to try the right of shim
mischievous usurpat• that that action had been
brought. He insisted on it that it was enough her
electors to he liable for the poor-rates, having
property enough ou their premises to answer all
such demands as might be made agaiust them.
There could be no right to refuse a vote under the
circumstances he had just mentioned. The Plain-
tiff, Mr. Cullen, had long borne the burdens of
Westminster. Ile offered his vote, and was reject-
ed for nut having paid his poor-rates, though he
was not aware at she time that there were any due.
This took place on Saturday, the eighth day of the
election. The Plaintiff withdrew, mesa home,
and paid the arrears, returned on Monday,
again tendered his vote. was rejected, went round
to the High Bailiff, and eventually refused. The
Jury would perceive what a dangerous power this
was to leave iu the hands of a collector. as it would
enable them, with a little management, to set aside
the election of any candidate. Lord Holt, in core.
mention; on the case of Ashby and White, had
called the right of voting a glorious privilege. Was
it to be endured that such a right should be held
only at the will and pleasure of a poor rates' col-
lector ? He would skew them that by the 54th of
his present Majesty, ass Act for reeulating the
mintier of paying the poor rates, a period of thirty
days, after the quarter's end, must expire. and
a demand not wily be made hut proved, be-
fore any coercive measures could he used for the
recovery of them. In the present case he would
prove to them that there was nu demean' made, and
if there had beep, that would hare furnished no
right for disfranchising the Plaintiff. The decla-
ration contained a charge of malice; but he did
not conceive that it would be oircesssry for him to
prove that. Ito the report of the case of Ashby
and White, in 11o:cell's State Trials, edit, of 1780,
it was stated that .I.lihy, being ■ poor man,
sought a settlement iii the borough of Aylesbury.
The overseers attempted to prevent him from
fear of his becoming burdensome to the parish.
An election immediately came on. Ashby ten-
dered his vote, and it was rejected. He brought
Iris actiou against the constable who load interrupted
him in the exercise of his right, ■nd recovered V.
damages. It was plain that there was no supposi.
lion of malice in the care. The affair came before
the House of Lords, cod from trod to end of the
proceedings, there was nothing like malice or a
necessity for proviug it apparent. The case was
reported by Raymond, formerly Lord Chief Jus-
tice of that Court. Lord Holt bud said. upon
case like the one before them, that the Defeadnot
was only an officer to put the precept into effect{
and that if he did it in a way prejudicial to tied
right of the Plaintiff, be must be answerable for it.
If the Plaintiff had a right to vote, it *mei we
cessity that the law should protect him in tieetir4
'retie of, and punish those who deprived him of
that right. lot another case in Salkeld there was no
mesition of malice. It was impossible to infer from
Lord Holt's obs►rvatioes, that it was necessary that
malice should be implied; his remark being, that
the right and the protection of, by punishing those
who should interrupt it, were necessary cimetoni-
tants. The first mention of malice in such curies
must have taken place, after the decision of.the
Lords on the Shaftesbury case. The terms of their
judgment placed the execution of a writ for
elections open the same footing as the other
duties of Sheriff., and of course gave him tee
more power to prevent votiog than any other
persons. The House of Commons took ont.
brage at this interference of the Peers in Origin
of elections. The two mighty powers were about
to engage in a parliamentary war, and Queen
Anne was obliged to dissolve them. The notion of
malice was thee introdueed, as a distinction for
appetising and settling differences. The next case
was that of Milward and Sargeant, upon which a
verdict had been•gaiued, and the proceedings by a
writ of error WI been brought into that Court,
when they had only to re-consider the verdict ob•
tinder' on the record. The twat case was that
of Drew and Cotton• (Ist of sast, .pige tett
note B.) Is this case the Counsel being. called
on by the defence tw peeve the malice, toiled to do
inn The cow eftetrity•ondWhimmesqhatedi in
which it was averred that makes woe not proved.

would,
did

, such of
should prove against the Defendant. Judge
who. in the decision to which hr had referred,
had required proof of the malice, and passed by
the del:Palms of the Lords in Ashby and IVlitte, did
not pretend that Noy other malice toots niceessiy.
He would shew that the returning officer ems sway-
ed in his duty by partiality, and hod thereby in-
jured the Plaintiff in an onlawfal inaumer.
had admitted, almost without examination, the ob-
jections of the colluders to Mr. Hobhouse's votes;
he had even taken written testimonies sent by thesis
when not in attendance of the entries of their books,
at the time lying in their own houses ; while, so
the other hand, they had over-ruled the best-found-o
ed scruples urged ageing the votes for Mr. Limb.
In one case the vote of • Comitniasimier, resitlioig
in Somerseo-house, !plying no rate, had been uses
succe.sfolly objected to its the friends of Mr. Hob.
house ; though the decision in the case of the King
and Webley, which was quoted to him, left bins
no excuse for not knowing that a person living upon
line taxes, and not paying his fair spoor, was dis-
qualified from voting. The Plaintiff sought Go
advantage in the way of damages; hr only wished
to defend the right which belonged to loin. Lord
Holt had recommended, that every one should be
allowed to vote fairly. That great man had said,
that it was to act in favour of one party, fur an WK.
err to put • partial hindrance in the way of the
other. If such a case should come before
he promised to make them lay smartly for it.—
Such was the language and feeling of one of the
most upright Judges ever known n, the country,
upon cases like that before them.
Richard Hayward. solicitor, produced office co.
pies of the writ and precept directing the return of
• Member to serve for Westmiurter. He slim pro-
duced a copy of the minutes of a Committee of the
House of Commons, dated 19th March, 1795, stat-
ing that the said Committee having duly consi-
dered the statements laid before them, haul deter.
mined that the right of electing was resident in the
inhabitant hoUseholders of the City of Westminster.
John Lee, vestry-clerk of St. George'., Haunter-
square, produced the rate-hook, from Mardi, 1818
to 1819. The name of Cullen was entered, rated
at 40/. s-year, for which lie paid yearly 41. 13.. 4d.
fur rate. and highways. and los. for a watch rate.
He knew the front of Cullen's. premises in Knights-
bridge. There was • large shop full of good fur.
niture. He did not know the person of the Plain..'
tiff. Francis Lakin is collector of that part of the
parish of St. George's.
C/085 examined by Mr. SCARLETI.—Thoeg4
the rate is a yearly one. they collect it half-yearly ;
and according to the Act may collect it quarterly. •
George Roundthwsite was an inspector for Me.
Hohliouse at the last election ; knew the Plaintiff
well, and his premises at Knightsbridge. He Wad .
not recollect the Plaintiff's coming too vote et the
late election. The first time he ever saw the Man-
ta was at the hustings, in the High Bailiff's box ;
it was on Saturday, the 27,11 or February. He
recollected hearing Plaitotilf complain of his vote
being rejected, because Lakin said that lie hail not
paid his sates. Plaintiff denied that Lakin had
called fur them; and said, " Who did you see?"
to which !Akin replied, " I saw • boy." Plaintiff*
said. " That's false; I have not haul a boy on my
rremises there eighteen iiiii ohs." Plaintif raid
moreover, " Did you ever yet call nit toe tier pay
ment of rates, sod I send you away without pat.-
mem ?" Lakin replied, " No, I never did." Mr.
Smedley, the Deputy B stuff', then said, that aus
the Collector had said that he ha I called and
out received payment, the ante must be rujeeted.
Witness did trot ere Mr. Cullen b fore, but had
been all over his premises since. Tory were very
large, with • better stuck of furniture (•fie Plaintiff
is a broker) then lie had been accustomed to see,
Cross-ezamMed by Mr. Sc a at.trr.— Withrse did
not hear any other objection, as Ina aiteonion had
only been celled to the High Bailiff's box by the
latter part of the controversy.
John Coles wes'aervaist to the Plaintiff within it
few days of the election. Supposee Ale. Cullen's
stock to be worth about cow/. There was no buy
on the premises after the 518th
Philip Perry was au inspector for %lr. 110bhouse
et the lest election. Remeinheue I that on rbouii •
Febrnary Mr. Cullen tenderrd Isis vote ; it was
entered in the bull-hook.

Mr. Scsaurre objected to asking the witness for • .
whom Mr. Cullen tendered his vote,becsus. the ..4
poll clerk was directed to take down the narng3itsl
place of abode, &c. As the matter was in writing
the only admissible evidence was II e poll-book.
The Cuter JUSTICe over-ruled the objecsion.
Mr. BLACILOURNIE retatned his exaniniat 1111 l •
tains having Maier! the Plaintiff's vote, i.e asked
the reasou for refusing it, and it L,ku, waisted
money ? If he did, there was plenty (liold'iwg tip a
handful of bank notes). lie did nut then say for
whom he offered his vete. He was told to rid.
Witness did not see the poll clerk elehver him a
ticket to go round to the High Bailiff.
Mr. Houndtbstraite called again.—fleard Cirlles•
say that 1,0 wished to vote for Mr. flubliouse. lie
was in a great rage. _

ile-ezumiged by Mr. SCA RLETT. —Fie did not
at any time see the Plaintiff teller his rote, only
heard him say io • great yage, " I came here to
vote for Mr..Hobhonse, and am. Not permitted."
Mr. Perry Frasier bus a Commissio,,er's residence
in Somerset House. He papi,no relit nor any rate..
The rates are paid by a clerk of the ollrsee, awl iii.t
paid back by biro on tj occasion to the
His objected to. argued at great
Mr. 'Smedley, Ater
'it

. .
•
J wage Wawa efferrd• to reserve the paint .t is
slotted leriktipacial !au, which the Ptart*Vis
COatteel refitted. +ha present Plaintiff Wilhed
only for a Solemn decisiMe an the gneotimi.
desire wat,•thot the peace of IVest aaa iJJ stir altOlit
be secured. that bribery in her elt ctaina might be
shunned. forthe exercise of which no 'WWI'. Until"-
ta Nit! could be devised then thus to alloy the eielo
the chance .f miyisig for the incompetent. Ile
would, however, prove the ro•dice. bi which Ito
did not mean personal malice. hut it would
be enough to prove an anxiety its favour of tithe,
of the candidates. such as he felt c.iil6deett he

pant back by bin on oily occasion to the cleft.
His vote was objected to. and argued at groat iiiit4tlt
before the Iligh Bailiff and Mr. Sismidt4, &her
which he was allowed to Vote.
• Cross-exponent ey Sceatser.-7
lirtusevor rates fir ttb ig
Wrest for houses sr* , .
*set nopee--prit
etrotlaseitisal heel
Intet the
ent Holm atumbiled the bite eleetiee—,

I

I!.


.enireibereil being in the High Bail'
iff's box when
••• Piste was -disputed. It hod been rejected' by
the, poll• clerk, and witness went round with the
wafer •to the box. The High Bailiff 'liked for
what Vitrpose• he had attended. Witness replied,
ti testify the proceedings relative to that vote.
The Hitch Bailiff. would net let him remain, is
the box. ' There were no persons iu the box but
ttie High Bailiff, Mr. Smedley, and the Counsel fur
the two Candidates. Witness said, ei Am Ito no.
derstsud that you Jo not suffer MC to remain in the
bix ?" Mr. Morris still required him to withdraw,
and witness withdrew accordingly, leaving the per-
.on whose vote had been refused in the box.
John Burton is a hioreiwr Clare-market ;
i-eut op to vote at the 1,4 el.t.tioh, and was re-
jected for not having paid his rates. He hail called
..t the Collector's, is, l'ickett-strert. to pay his
/icor rates, before going to pull, and there was no
• one to receive them.

Charles Wright gave his vote at the last election
in favour of the Hoti. George Limb. His vote

was objected to because be did not live in his shop
in the Arcade. The objection was disallowed, and
the vote taken. Does nut recollect the day.
Henry Crayford rents it shop in Clare.inarket,
for which he jays poor rates; offered his vote at the
kite election, which was rejected because there was
/to dwelling to his shop. He went away without
further que.iiiitte.
...Hr. William Took was deputy to Mr. Morris
from 1806 to 1817. Two contested elections look
place in the time. A large portion of the objec-
tions were for the non-payment of arrears. %Va-
llee* always required proof. of demand having been
made. In one case. Keyes, of St. Martin's parish,
was three quarters in arrear ; but being out of town
during the time, and that being admitted by the
c Mector. the vote was received. In another case,
the objection was for non-payment of rates de-
tnauded. The receipt was afterwsrils produced,
end the vote allowed. Witness always considered
proof of the inability to pay SI the chief objection.
Mr. Evans attended at the !sat election, as
Counsel for Mr. Hohimuse • recollects Mr. Cullen
coming round to the High Bailiff. His vote had
been rejected; the objection was argued ; Mr.
Cullen tendered his vote to the High Bailiff in his
box; it was .the only place where rejected. votes
were tendered. %toms argued against the same
objections on many occasions during
.the election,
and mentioned the Shafteebory election. At the
preceding election witness sheered Defendant the
notes of that ease, and at the last election offered
to isbew him the resolutions of the Parliament upon
it. Defeudeut said he did not require that, asked
if they were in print. and Midis; that they were
not, said he -would toliei Defendaut's word for it.
%Vining represented to. Defendant that the resolution
was epos the abstract queen's', whether arrear of
isles simply was enough to disqualify the vote, and
that the decision was negatived. He gave notice to
lite High Bailiff that the votes were tendered for
express purpose of bringing an action against
stint if he refused them. Fieding that the High
flailiff rejected • great number of votes on the same
ground, and being much displeased with his cotes
duct en all such questions, wittiest; desired two
gentlemen to stay and it. Defendant would
not allow it. Witness then told the gentlemen to
go round and lean over the hosting, to hear what
seas said. Defendant refused to allow this, end
witness told him he himself should be obliged to
girt. evidence against him in a Court of Justice.
1/clenched had said that was nothing to hint.

Cron•eraariaed by Mr. ScaßLarr.—Witness at.
tended to plead as for a client. Had never heard
of the Fuwey case till then. Was aware of the
Bridgewater case, had stated it to the High Bailiff,
and that it was overruled by the Shaftesbury case,
by came. He said this by way of warning to the
High Bailiff. Mr. Hubhouse's Committee gave
I :in authority for threatening the action. He had
sot expressed any re►pect for the last decision of the
'louse of Commons. He was not yware of any law,
ke did not believe there was any, which compelled
ti,e collectors of rates to *timid. He was extremely
zealous during the whole time 2 He might have
railed towards the close of the election, because be
felt these was injustice exercised. He did not
threaten an action with any extraordinary degree of
warmth.

Mr. BLACIEDURNE put in the abstract of the
Shaftesbury case, but the Chief Justice could not
suppose that it was of any importance to the present
case. The paper was however read.
Mr. BLACILIVIINS offered receipts. signed by the
collector. for the Plaintiff's rater.
The Cuter JesTs:a thought that they were no
esidence against a third person.
Mr. Lakin. collector. received rates from Mr.
Cullen at various tinier; the last being the 27th
of February. 1819. early in the morning. Was
twice present when Cullen tendered his vote; 011
the second inplieittion. went round with Cullers to
the High asthti; had demanded the rates before
that. Had demanded them in his usual rouuid stt
the 9th or tOrts of October. 1818. Presumed that
he had wade the lame statement before the High
Bailiff as then in Court.

Crors-examimed by Mr..--si•aaurre.—Ciallen paid
'byre quarters rates oat the 47th February 1819.
Qaestion by a Juryman.—•• Hew snotty qn titers
were due wliris you called iu October, ?—Auawer,
" Two."

By Mr. SCA RIATT.—Weet round in January—
get payment in the neighbourhood--mid had no
doubt of havilig called on him. When Cullen came
to the pull, witness turned to his book and rejected
the vote, because he was three quarters in arrear.
(.. the second refusal, witness was called in by the
thigh Bailiff, and stated, that Cullen j►aid that
• tangoing fur four quartets, and he had no objection
to his vote. The objection lay then with the poll

7-- _ „
Ke-ezeorsosea, of Mfr. WILACKSU RIN E. —Could not
/meow that he raw Mr. Cullen alms he called. 'tor
that he had called it January al all. Had satire
called es Mr. Cullen for rates without beiug nu.
weediately paid, if Mr. Collet. bappeurd to be is
the play.
This was the case for the Plaintiff.
Sr. So4at.t TT roes for the defence. tie was et
elloso*Wo couceive what mold nuke the come s• Ha.
"MOM* until, io the nom of it he discovered
ail the onion was sot browellit ivy Mr. Celle*,
ist4q Mt. Hobbmit's Commute ; sod the .b.
tet of it. se sr:46M y the Willows, of Mr.
moo; to ems time ammo sit WINNOW.

later who had not paid their rates, to triumph et
an election over throw who had. This he took
from the admission of evidence. He hoped, and
he was pretty sure, that the project would never
have the serration of any of the Judges of the land.
A great part of the expenses of a Westminster elec.
tion was perhaps owing to the existing regulatioos ;
and if thedecision of the House of Commons could
be overcome by the decision of that Court, a great
expense would heaved to the popolsr candidate.
The High Bailiff had noted snider sound legal ad-
vice, and had obser►ed the regulations of the 26th
of the King--an Act to prevent occasional sot-
iog. By tins Act all rates due must be paid
before the day of election. The decision of the
Bridgewate► case fully warranted the High Bailiff's
conduct. The Learned Gentleman the., went over
the several cases which but been quoted by the
Plaiotitrs Counsel, and with hi• speech concluded
the defence.
-The Cuter► Justice then summed up. He was
clearly of opinion that the vote of the Plaintiff was
a legal vote, and ought to have bees. receivad, ur►t-
wllhstatrding the derision of the Committee of
Elections of the House of Commons. He dill not
think the case of malice or partiality fully mice
out by the evidence : and though the Plaintiff had
here injured, yet as it appeared to lure ',liana from
error In the performance of a difficult duty, he did
not think at a sufficient ground for an action.
At least be would say that there was no proof di.
racily pointing at partiality, which was the legal
malice necessary to be proved. Fur though a vote
for Mr. Hobl s se had been refused, and auotbee
for Mr. Lamb bad bees. accepted after the amine
jectioa, it appeared that tile former did not wait to
submit his case for argument, but immediately went
away. His Lordship then recapitulated the par-
ticulars of the evideoce and pleadings, and left
the case with the Jury.
After ■ short consultation in the box. the Jury
retired, and were absent from about half-past tour
till six o'clock. A piper was then sent in to the
Chief Justice, the purport of which we understood
to be so assurance from the Jury that they never
should be able to agree oil the verdict.
His Lordship communicated with tile Counsel
for both side.. and after a consultation carried on
in whispers. they segoified assent to souse proposi-
tion which his Lordship seemed to have made to •
them.

I'lw Jury were called, and the CUM' JUSTICE
informed them that the Counsel had aimed to re-
lieve thens-frosn the steervany of giviog a verdict,
by withdrawing the cause.
A Juror was accordingly withdrawn, and the
Court adjourned.