The Sun.
London, England, 1838-03-12 00:00:00

ELECTION COMMITTEES.
(THIS DAY.)

EVESHAM.

The Committee met this morning at eleven o'clock, the flight Hon,
Sir Roomy): Pr.sc in the Chair.

Mr. Coronulor said he would proceed with the examination of wit-
tresses to prove general agency on the part of Mr. Char:es Best.
Mr, Robert Kerr Forster was then called, and stated that he was a
Member if the firm of Forster and Evans, solicitors. Ho went down to
Evesham as solicitor for Mr. Borthwick. Had several communications
Kith Mr, Charles Best.
Mr. Cocßouns—State. what occurred.
Mr. THrISSWER objected to questions being put to the witness as to
Whit had passed between him and Mr. Best, as he had acted as Mr.
Borthwick's attorney, and he was not at liberty to divulge what had
passed. It was the privilege of the client that the attorney should not
disclose anything which he did in that capacity.
Mr. COCKBURN agreed with his Learned Friend that it was not com-
petent for him to ask what had passed between the witness and Mr.
Best, but he had a right to ask him what he himself did. The distinc-
tion was manifest.

Mr. Tnesstnee then referred to a Norwich case, in which it had
beeii decided that an attotney should not be examined after he had re.
calved Ills retainer.
Sir ROBERT Pav wished to know whether Mr, Coekburne thought
that the Court of Queen's Bench would question an attorney in a ease
of this kind, namely whether he had gone to certain Bankers on behalf
of his client, and as to what he did there.
Mr. Coo:Armor was of opinion that the Court would examine
him on that point, and would not protect him even if he had been
employed confidentially, and threw himself on the protection of the Court
After some further discussion, Mr. Cockburn said he would not
press the question.
The Committee ordered the room to be cleared on a suggestion from
Mr. F. Berkeley, but no formal decision was come to, Mr. Cockburn
having waived the question.
Mr. Foster was then recalled, and stated that he was in Evesham
when the Speaker's warrants arrived. They were not sent to witness,
but to a person named Tredwill, who was clerk to Mr. King the solici-
tor, who had acted for Mr. Borthwick previous to witness being on_
ployed for him. Heard that souse of them were also sent to Mr. Best.
Mr. Best never acted professionally for the firm to which witness belonged
or by his directions. One of the summonses was here produced
and handed to witness. He stated that the signature to it was in Mr.
Best's handwriting.
Cross-examined—Never gave Mr. Best authority to sign any paper
or document.
Mr. Benjamin Workman stated that he resided in Evesham, and that
two summonses were served upon him. The first, purporting to be
the Speaker's warrant, was served on him by Mr. Tredwill. The
second was a countermand, signed by Mr. Charles Best. Went to the
latter gentleman to know which he was to obey, and he desired him to
communicate with Mr. Foster on the subject. Does not know whether
Mr. Best took an active part in the election, as he mixed very little in it
himself.
John Charles Oliver, a clerk in the house of Messrs Drummond, was
next called, and examined as to the'dratts of Mr. Borthwick on that
house from May to October 1537, with a view to ascertaining if any of
them were made payable to Mr. Best, for the purposes of the election.
There vere entries to the Rev. Mr. Harting and Charles Stockport, the
first for 2LO/. on the 2d of August, and the second for 1001. on the
9.2 d of July, but none to Mr. Best.
Mr. COCKBURN submitted that he had now established the general
agency of Mr. Best, and that he was at liberty to examine the witness
Pearce as to the conversation which took place between him and Mr.
Best, with respect to the snuff-box subsequently to the election.
Mr. TBESSIGER contended, that his Learned Friend had totally failed
in establishing any proof that Mr. Best had acted as a general agent for
the purposes of the election.
Mr. COCKBURN replied.
The room was then cleared ; and on our re-admission the Chairman
stated that the Committee were of opinion that sufficient evidence had
not been adduced to prove general agency on the part of Mr. Best.