The Sun.
London, England, 1853-08-26 00:00:00

ALLEGED UNLAWFUL BARGAINING FOB AN
EAST INDIA APPOINTMENT.

Yesterday having been appointed as the day on
which the Lord Mayor was to deliver his decision in the
matter of the charge preferred by the directors of the
East India Company against Mr. Norman Wilkinson,
of having been concerned with a person whose name is
unknown in the trafficking for the appointment in the
gift of the East India Company, the justice room of the
Mansion-house was densely crowded, as on the former
occasions, with members of the Stock Exchange, mer-
chants, and other persons of influence in the 'City.
Messrs. Lawford appeared as solicitors to the East
India Company, with Mr. Clarkson as their counsel.
The defendant was represented by Mr. Bodkin and Mr.
Hawkins ; and Mr. Willes appeared on the part of Mr.
W. A. Wilkinson, the brother of the defendant.
The Lord Mayor delivered the following judgment :
This is a proceeding instituted by the East India Com-
pany under the 49th George 111., chapter 126, which
constitutes the negotiation for the purchase and sale of
civil and military appointments under a company a mis-
demeanour. I have heard the evidence for the prosecu-
tion, because, under the 11th and 12th Vict. c. 42, it was
my duty so to do, seeing that the accused party carried
on his business within the City, and by this statute,
having heard this evidence, I am of opinion that I have
no jurisdiction to proceed further with they
ca
N the
o
evidence has been brought forward to prove th
transactions charged as an offence took place within
transactions
the City, and in my opinion this is indispeneable to give
me jurisdiction to act further than I have done. Ido
not mean, by saying this, to have it implied that suffi-
cient evidence has been given to satisfy e that
m t
with inhe
offence has been committed if it had taken
place
my jurisdiction. I am not called upon to express an
opinion upon this point. All parties have borne testi-
mony to the honour and integrity as well of the gentle-
man against whom the summons
evi hadence.n s bee
it obhastained
been
as
of Mr. Wilkinson, upo
sought to establish the charge. I entirely concur in
the opinions thus expressed it is due to the
the law
defen-
dant that I should say, whatever construe tion
might have put upon the conduct of this gentleman, if
it had been proved that this treaty, as far as it went,
was conducted in the City of London, I am quite satisfied
that, until apprised by a friend such a proceeding was
illegal, he was not conscious of it ; and that, as soon as
he discovered that it was so, he retired from any parti-
cipation in it.
Mr. Clarkson said the remaining portion of his duty
was of a much more painful character ; for be had to
submit that his lordship was called upon to commit
Mr. William Arthur Wilkinson, under the 16th section
of the 11th and 12th Viet., cap. 42, for seven days, for
his contumacious contempt of this Court. That act
authorised the justice, if he shall be satissed by the
testimony of credible persons that a witness who has a
material evidence to give on the part of the prosecution,
and who is not willing, or in the language of the section
of the act, " will not voluntarily appear for the purpose
of being examined as a witness at the time, and place
appointed for the examination of witnesses against the
accused," to commit such person for the time above
specified. The learned counsel entered at considerable
length into the law affecting the case.
Mr. Willes then addressed the court on behalf of Mr.
W. A. Wilkinson, and said he could not avoid charging
the East India Company with acting in a udic
well as in an unfounded manner with reference to the
transaction in question. So far from his • client and
friend deserving the character which had beer i given to
him, of being an unwilling and a hostile w
anitne ss, he had
attended when called upon to appear, d liad. stated
everything he knew relative to the allegenard n.egoci
hadatnot
ion
between his brother and the party whose ae
transpired. All that he had refused to do was to dis-
close the name of that party ; and any pers on who did
not feel some degree of unwillingness in being brought
forward to give evidence upon a criminal charge ,affecting
so near a relative as a brother must be tote lly void of
feeling. The part which his (the learned courn !el's) client
bad taken in the transaction, so far from beiing discre-
ditable to him, and only worthy of being characterised
as a subterfuge, would redound to his honour and credit
to the latest period of his existence. The learised counsel
then proceeded at considerable length to art ;no the law
of the case, and submitted that there was no'diing in the
act of Parliament which would justify the Lord Mayor
in acceding to the application.
Mr. Clarkson, in reply, observed that his learned friend
had gone a little out of his way to impute to the gentle-
men who were prosecutors a spirit of vindictiveness ;
he regretted the tone that had been adopted, because
Mr. William Arthur Wilkinson was the very last per-
son who ought to complain of the conduct of the East
India Company. Mr. Wilkinson had been. the source
of a most grievous and scandalous libel against the Board
of Directors of that company, in the great council of the
nation, and, when called upon as a witness, had chosen
to prevent the company from having the only opportunity
which the public justice of the country afforded them of
proving the falsehood of the assertions which he had,

-made.
The Lord Mayor—ln regard to the application to me
to commit Mr. W. A. Wilkinson, for refusing to divulge
the name of the party who made the proposition to his
brother, lam of opinion that entirely fails. This is a
special application under the powers conferred by the
16th section of the act. The section requires, as the
foundation for the summons, that there are grounds for
believing that the witness is likely to give material evi-
dence, and will not voluntarily attend. Mr. W. Wil-
kinson's conduct disposes of this altogethe.. He has
always voluntarily attended upon every occasion, and
has been examined to the material question put to him
to determine whether I had jurisdiction. He has frankly
answered, and if, from the want of a venue in which the
act is stated to have taken place, I have no power to
commit, I think, however, the witness has reasonable
ground for the course pursued.
The summons was then dismissed.

The following is the correspondence that passed be-
tween the directors of the East India Company and the
Messrs. W. A. and Norman Wilkinson. The two first
documents were objected to, and not received in evi-
dence.
" East India House, July 23, 1853,
" Sir,—lt being reported in the public journals of this
day that you have stated that an offer to sell an appoint-
ment in the service of the East India Company was made
to a brother of yours, I am commanded by the Court of
Directors to request that you will have the goodness to
inform me if such report is correct.
" I am directed further to request that you will commu
nicate to me the name and address of your brother.—l
have the honour to be,".,
JAMES C. MELVILL, Secretary.
" W. A. Wilkinson, Esq., M.P."

" 5, Bennett-street, St. James's, July 23, 1853.
" Sir,—In reply to your letter of this date, I have to
inform you that the report is substantially correct, and
that the address of my brother, to whom the statement
refers, is underwritten,—I am, sir, &
(Signed) Wm. ARTH c.,
UR WILKINSON.
"James C. Melvin, Esq.
" Norman Wilkinson, Esq.,
" Nutfield, Surrey ; and 56, Threadneedle-street."

" East India House, July 23, 1853.
" Sir,—The Court of Directors of the East India Com-
pany aving been informed by your brother Mr. W. A.
Wilkinson, M.P., that the report of his having publicly.
stated that an offer to sell an appointment in the com-
pany's service was made to you is correct, I am commanded
to request that you will have the goodness to communicate
to me the name of the party by whom the offer was made,
and such other particulars of the proposal as may be within
your cognisance.—l have the honour to be, &
Sc.
ecretary.
(Signed) " J. C. MELviLL,
" Norman Wilkinson, Esq."

" 56, Threadneedle-street, July 25,1853.
" Sir,—l beg you will inform the Court of Directors of
the East India Company that I do not feel called upon to
make any communication upon the subject of your letter
to me.
"I have the honour to be, &c.
(Signed) " NORMAN WILKINSON.
" Jas. C. Melvin, Esq."

"East India House, July 27, 1853.
" Sir,—l have laid before the Court of Directors of the
East India Company your letter of the 25th, in reply to
that which I addressed to you on the 23d instant, request-
ing that you would have the goodness to communicate to
me the name of the party by whom an offer to sell an
appointment in the company's service was made to you,
the fact of which offer to you and of your having been in
treaty for the purchase of the appointment was publicly
stated by your brother, Mr. W. A. Wilkinson, and is not
denied by you. The Court regret that you do not feel
called upon to make any communication to them upon the
subject. You cannot but perceive that it imports your
own honour as well as theirs that the transaction alluded
to should be probed to the bottom ; and they trust that,
upon further consideration, you will see the propriety of
disclosing all that you know upon the subject.
" I am directed, therefore, to add that, as it appears to
the Court that an offence has been committed against the
act of Parliament, and as they apprehend that you may
yourself be liable for the part which you have taken in it,
the Court will feel it to be their duty to order proceedings
to be instituted against you,,unless by your disclosing the
name of the party more directly charged with the offence
they should feel that the ends of justice will be effectually
obtained.—I have the honour to be, &c.,
(Signed) " J. C. MELVILL.
" N. Wilkinson, Esq."

"56, Threadneedle-street, July 29,_1853.

" Sir,—l beg to acknowledge your letter of the 27th
inst. I must protest against the attempt in the first para-
graph, to gain from me anadmission which may, according
to your subsequent threat, be used against me. I can
only say that I have no fear of my honour suffering by any
investigation which your directors may think proper to set
on foot, and should they. deem it advisable to take the
proceedings threatened in the last paragraph, I beg to
refer you to my solici,t,olrsh,allvleestshrse.hßournocuhretlloabned, Co.
(Signed) "NORMAN WILKINSON.
"J. C. Melvin., Esq."

DEATH OF THE ROMAN CATHOLIC ARCHDEACON
M'CABRON.—.The Freeman's Journal announces the
death of the Rev. M'Carron, Roman Catholic Archdea-
con of Derry, who was tried and acquitted at the last
Londonderry Assizes, on a charge of inciting some sol-
diers of the 54th Regiment to disobey the commands of
their officers. It appears that the rev. gentleman,
whilst celebrating mass, at twelve o'clock, on Sunday
last, at Waterside Chapel, Londonderry, was suddenly
taken ill with an attack of apoplexy, and adually be-
came worse until between seven and eight o'clock in the
afternoon, when he expired.
"My son," said a doting father who was about taking
his son into business, " what shall be the style of the
new firm ? " " Well, governor," said the one-and-twenty
youth, looking up into the heavens to find an answer,
" I don't know ; but suppose we have it John H. Sam-
plin o n
ttyh eorf. 't' e
iThed idea:
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