The Sun.
London, England, 1806-08-27 00:00:00

D,OWNPATRICK ASSIZES.

Aaturday last came on to be tried,' before the
Hon. Mr. Justice Fox and a Special Jury, a cause
wherein Charles.lUchardson,:Esq.. was'Plaintiff, and
Richard Keown,.Gent.. was Defendant:

ALEXANDER 1-lik'mitTox,.gsq. opened' the declar7
ation,.consisting of sis. counts, to
.recover in all the
stun of 0,01. lit first count stated; that'the De,
f•ndant being Clerk of the Peace for 'the connty.of
Down, one Robert Martin, at a -Certain Sessions for .
Szijd county, did take and subieribe an oath reqllired
by art AO of the 35th of the present King, entitled,
AA Act for Regulating the Eleaion of
,Me-mbers
to serVe. in Parliaineht," to he taken and subscribed
by every.person before he shall be entitled to vote
for such Members, and that said oath was read
aloud in. open Court, signed by two Justices' and
delivered by the Cowl to said Defendant,, being
Clerk of 'the_ Peace, to be • filed atnnng records of
said 'county, and that Defendant had omitted . filing
or preserving the same, whereby a penalty of tool.
was forfeited by said Defendant to sail person as
sued for the same.

2d Count waS 'for another, sum of :001. for. not
keeping-scikirilie books for each barony, wherein to
enter names of Freeholders, and substance ofaffi-
davits:

3d bount was for another .sum oft 1001. for not
ehtering2substance of said Robert illartin's.oath in
.alphAbefical order into.a separate- book for the said
barony of Castlereagh;•where his freehold was
sworn to be.

4th Count was for-another penalty of tool. for not
entering in-alphabetical Order the substance of one
Israel BraithWaite's affidavit. .
sth count Was' for 'another :penalty of 1 ogl. .for
negleaing to deliver to the Treasiirer of the County,
within ten days after a particUlar Ses'sions,, a true
copy of such entries of registry at said Ses.;ions.
6th, Count was for another penalty of tool.,for
not entering Israel Braithwaite's-affidavit in a sepa
rate.book for the barony.of ,Castlereagh.
John Dunn,. Esq. stated, that the Defendant was
a respectable •Gentic.‘man, but he had the mistortune
of succeeding in his office of Clerk of the Peace for
this county it Gentleman
_(Mr. Brett) wild' had been
a ,most accurate offieer intleed; and the contrast was
striking., Brett had, friendships,'" and warm
but these never inflnenCed „him in his duty. 4 Mr.
Keown (Defendant) had an Unfortunate way of con-•
dus=ting the business, and hd was 1)d-fashort
,time in
office' wheb eery thing tespeaing it was completely
atsea. At tpe last 'election for this county, Whe'
thr poll began, every thin=2,- was astray; the offida7
vits lost ; a general list of the freeholders and a
ronial list were necessary ; but the. agents for one
side could not get the baronial' books. He said he
,did not_ conceive it necessary to proceed further in
staterneut,.but would refer io the proofs to be made
to sustain the. Plaintiff's case; and went .on.in order.
through the six counts, shewing the.Setions of the:
Ati. of Parliament relied on: in support Of. each.
Henry. Joy, Esq. for Plaintiff, produced a notice
calling on the' Defendant to produce the county
book. Defendant admitted notiet, and tendered
county books ;.'als4,admitted he was then, and at all
times mentioned ,'in the declaration, Clerk of the
Peace for the county of Down.* 'Thecounty book,
containing the substance of affidavits sworn by free,
holdet,,., was noW produced ; and by Robert Martin's
affida% it it appeared, he bad sworn to-a freehold in
'Ballygrib, in the barony of Ards, and .that, there-
fore; Defendant could not :hai,,e entered this affidavit
in baronial book of Castlereagh;, and, on this •ap-
pearitog, Counsel for Plaintiff gave up the first couilt.
Air.•_Patrick Connor was then produced, and
sworn on behalf of Plaintiff.

Mr. BELT:, the Counsel, with Defendant, objeft-
.
ed to parole evidence being given of the holding
eicEl4.ins, whiel:- could be better'ascertained by, an
. attested copy of writ of eledion and return. •
ii Mr-..HAM.II.i'ON referred to a part of .the Ele&ion
A6t With respeet to admissibility of evidence, and
the objeaion was withdrawn.
- Mr. Connors dxamination proceeded--saith, that
Saturday, 278th July-, was the day-appointed for, the
Down.-eleltion. A meeting was 'held that for
the purpose, 'and the Sh6riff attended*--no poll On
that public reason given Was that the
ao-ents for the candidateshad not their books ready.,
"Witness eras eniployed byAir: Gordon, Lord Castle-7
reagh's principal agent;. to Make out'books--:applied-
to the Dere:l-HI-ant for liist of the freeholders On 2,5t4
July, or rather for the books- 'to make out a list.'
Defendant gave him such books its he-required,. im
trlediately On being . asked for them, and inspeEted
bOoks. Did not get all the barony bOoks at oncei•
bit got all be(required•:, Books il;•er6 not all,p-oited
up later than -21. st -CO'ober,. 5801—the names,-and
dates, and place of registry, were omitted—no en
.tfies from .2 Ist , Oaaer, 180 , were made.
,ness got barony boOks of Castlereagh; ArdS, Lecale,
and Mourne-.-the. entries in books previous, to the
2I st 06tober, 1801, contained substance of affidavits
of registries. • Some of the-books were made up
complete on day of ele6tiont--some not, Poll Com-
menced on' Wednesday 31st July—had been dd-
journed 'front Saturday to Monday, and Monday to
Wednesday. • Cause of adjournments was because
agents were not ready—agents were not prepared
on any- side. . Even had the harony books been
ready, it would have:taken twelve clerks five days
H on, each side to.rnake out agents' books. Books' of
agents were delayed, by barony books not being
made up. Some barony bdoks were given to
..wit-
nek, and others to opposite side, and changed as
each party made up t heir own books. '
Cross-examined by A. MACARTNEY, Esq.

The vacancy for the county of Down was very
l'peizeCted—it was a very sudden business, .and the'
contest that ensued' very unexpeated—it was gene=
rally conceived that Lord Castlereagh would have
been re-eleCied without contest—Mr. Gordon was
•Loid-Castlereagh's agent, and witness came to Down
.to assist Mr. Gordon—witness's first application for
the books to Defendant was two days before, time
.appointed for CUlDlllencement of eleCtion-7believes
if Defendant loses his' office, Plaintiff expects it--,
Lord Londonderry is Custos Rotulorum of the coup-
ty of Down ; and a notice w,as served upon D.
fendant to give up,clerkship of the peace—believes
Defendant served his time to, was a, partner of; and.
is in high confidence with Mr. Brett—r Defendant
ieadily furnished Mr:Gordon with the books for

Publishevi W!,..L1 A M ARMic SR SCR It PS, ,015014111 Molton-strdet.,,Lrusv,:ipr-st;t4ire
For the Pap2r, Letters for the: {lost-taid), • roust be. addressed..