The Sun.
London, England, 1838-03-06 00:00:00

NEWCASTLE-UNDER-LYME.

The Committee met this morning at 'eleven o'clock.
Counsel for the petitioner having decided upon examining ffirther
witnesses.

Joseph Bailley was Called in—l am a clock-maker and grocer at
Newcastle. I was engaged on the canvass with Mr. Miller and Mr. De
Horsey. I did not solicit any votes for them, I was present when votes
were asked for. I know Broomhall, a voter. I was often at the Castle
Hotel, before and during the election. I saw Mr. Miller and Mr. De
Horsey there. I saw Mr. Mason there also. I never had any private
conversation with Mason. He might have asked me a ques-
tion in the Committee-room, but I don't recollect it. Was
a member of De Horsey's Committee, but not of Mr. Miller's. I

believe Mason was not on that Committee. I won't swear positively.
A coalition between the two candidates took place, and that was, I be.
lieve, bef re they canvassed together. I knew Sampson Bailley. I did
not give him 100 sovereigns or 170 sovereigns. I know Shuffletbottom,
the clerk of the Church. He and Sampson Bailey were together at a public
house after the election. I went there to see my sort, who I was told
was there. I don't recollect having had any conversation with them. My
son was speaking to them in nay presence, but I don't recollect what was
said I asked my son what he had got to do there ? He replied he had got
something to deliver, and I said then deliver it and come away. I was
alarmed at my son being there, because I understood he had something
to deliver to those men for the burgesses. That was the plain truth ; I
knew it was money, but I dont know the amount; it was in packages.
They were either sovereigns or half sovereigns, as I saw some of them
on the top of the tub. There might have been 100 sovereigns there for
all I know. It has been the custom for many years for the winning and
losing candidate give a sovereign to voters. Saw no book on that occasion.
Next day Sampson Bailley, and Shutllebottom same to my house and
inquired for my son. I don't know what their business was. I don't
knew what was done with the sovereigns, and I don't know where they
came from- I never saw any account of their distribution.
Cross-examined by Mr. TALuor —I transacted no business at the Corn.
mittee-roorn on Sunday. I was appointed on the Committee before Mr.
Miller came into the town. My appointment was merely nominal.
I took no part in the business of the Committee. I never saw Mr.
Miller in the Committee-room except the day of the election,
when it was quite full of people. When the candidates did not
give the poorer voters a dinner, the custom was to give them
a sovereign each. I don't recollect giving Broomhall a shil-
ling, but I have had frequent applications for shillings at holiday
time. The women have frequently applied to me for money on these
occasions. I never made any distinction between those who were voters
and those who were not. The money I gave was my own. I have given
money also to Badnall's voters. It is the custom of the town during
- holiday time. I never received my directions from the Committee
to give away these sixpences and shillings. I never asked or ex-
pect repayment. I never told Hayes that those who voted for
Miller and De Horsey would
,have 21. each. I had no authority
to say so, and it would be an abominable lie. To the best of
my knowledge, I never told Hayes that this was the purest
election I ever was at—that there were five on the Committee, and that
two were for opening houses for the voters, and three were for giving

them half.sovereigns. No such thing ever occurred in the Committee.
If I said anything to Broomhall about tilling my pockets twice, it was
merely to get rid of him. I think I spent between 2/. and 3/. that day.
It was on the day of the canvas. I swear I did not give these shillings
for the purposes ot the election ; if the election had not been on, I would
mot have been there to pay it away. I said something to Hayes before
it was known that there would be a contest, that if anything was to be
given, I would endeavour it should be given in money instead of drink, as
the town was in a bad way. I told Hayes it was the purest election I ever
I knew. I voted for Miller and He Horsey.

By the CHAIRMAN.—They delivered the packages of money to my

son, and Shuffiebottom turned them out on the top of the tub. On my
oath Ido not know who gave the money to my son. I never had it in

my possession.

. -
By Sir C. GREY.—It was never considered that the sovereigns given
after the election to the voters was bribery. It bad always been the
custom to do so,

T,AV!sITOS.
WITHDRAWAL OF THE PETITION,

At the sitting of the Committee this morning, two voters were struck
ofF the petitioner's poll, thereby placing the sitting Member is a ma-
jority of one.

Mr. EERE said, that when the investigation commenced, the petitioner
thought the inquiry would probably last eight or ten days, and they were
quite prepared to encounter the expense of that period. The Commit.
tee had now been sitting a week, and during that period the whole num-
ber of cases decided was twenty, and from the mass of cases which re-
mained, it was hardly pos:dble to say that six weeks or two months would
be sufficient to end the scrutiny. Seeing that, and knowing the awful
expense of inquiries of this kind, carried on at a distance of 140 miles from
the place where the witnesses resided, the petitioners had come
to the conclusion that it. was neither due to the Committee, to them.
selves, or to their political rival, any longer to persevere in this enquiry.
They had come to this conclusion solely on the ground that they had not
the pecuniary means to go on with the enquiry ; and although they had
the means of protracting the enquiry for four or five days, they thought
it would be unfair to Mr. Bainbridge to put him to that additional
expense.

Mr. KINGLAKE said the manner in which the petition had been pro-
secuted was such as he had no right to complain of. He had the plea-
sure of knowing the petitioner and the gentlemen who had conducted
the proceedings ; he believed them to be men of gicat honour, infiexi_
hility, and integrity, and was confident that they would not prosecute
the petition a moment after they had gi•en up all chance of success.
The CHLIRMAN, on behalf of the Committee, expressed the greatest
satisfaction with the conduct pursued generally throughout this exami.
nation. They were perfectly satisfied with the way in which the case
had been conducted, both on the one side and on the other.
The Committee then deci:led that Mr. Bainbridge was duly elected—
that the petition of Mr. Lee was not frivolous or vexatious, nor was the
opposition thereto.

YOUGH A L
At the meeting of the Committee, this morning at 11 o'clock, the
discussion upon the vote of Richard Walsh, yesterday objected to on
the ground of non-payment of rates. The authority of the Act under
which the rates were collected having been shown by the petitioner's
Counsel,theCollector, Mr. Heusi y, proved that he the voter owed 6 months'
rates 6 months previous to the election (for the Act allowed 6 months
arrear) and that he (the Collector) had called twenty or thirty times for
payment. Witness had occasion to go from Youghal at the time of the
election, but left his daughter with full authority to act as his agent,
and to receive payment of rates, and to give receipts in his name.
For the sitting Member, a gentleman named James Brown stattel
that during the election he offered to Miss Heasly, in her father's
absence from the borough, a money order for the amount of rates
due by Walsh, which she refused to accept. The money would have
been instantly paid upon that order, if it had been accepted. The order
was drawn upon a merchant in Youghal, with whom Walsh had money
dealings. Witness (Browne) then offered on the part of Walsh to pay
the money, to which Miss Heasley replied, " I'll not have your order or
your money." Witness then left the order on the table. He considered
that was payment of the rate, and told Walsh so, and sent him to
the po'l.
Mr. Heasley, re-examined by the Committee said that the order was
not for him (Heasley) to receive the money, but for a person relined
Penrose to cad on Mr. Lamb (the merchant) who would pay. But
Penrose would have nothing to do with it, and Lamb afterwards told
witness that he would not have paid the money if the order had been
tendered. Witness had not tendered the order since, nor had he ap-
plied to Welch for payment. Witness had voted for Mr. Nichol, the
petitioner.
The vote was decided to he a good one, leaving the sitting Member
still in a majority of one.

BELFAST.
The Committee were engaged in continuing the scrutiny into Lord
Belfadt's votes, which is likely to occupy all day.

HOUSE OF LORDS-(THIS DAY

The Lokd Chancellor, the Marquis of Thomond, and Lord Braybrook,
sat in the House of Lord!, to hear Scotch appeals.

IUNLOP 0. LILMTIEUT.

The arguments in this appeal were conc!uded, and the Lord Chan.
cellor postponed giving judgment till Monday.