The Sun.
London, England, 1841-03-23 00:00:00

MITTEE.-THIS DAY.

The Committee assembled this day at eleven o'clock.
Mr. Sergeant WIaANGHAM resumed his address and con-
tended that the nomination of Mr. Bagshaw by Mr. Purr was
too late, inasmuch as it was not made until the Mayor was de.
daring the return of Mr. Toinline. Supposing all that his
friend had stated was correct, there was no distinct nomina-
tion. There was no objection made to the declaration of the
return of Mr. Tomline, by any person who had the slightest in-
terest- in the election. Was it then surprising that
Mr. Purr's mind should have fluctuated when he re-
collected the responsibility attaching to him—a respon-
sibility felt more deeply than any others—a pecuniary
responsibility? His would be liable to all the expenses of the
election. Mr. Purr might have been warned to take care, what
he was about, and that he might Lave to pay the bill. Now
this was the grea'est of all checks upon enthusiasm. Was it
rea unable that a party intending to adhere to his proposal
should have heard the returning officers sav that no distinct
nomination had reached him without contradicting such a
statement. They allowed the Mayor to remain under that im-
pression, and Jima had waived their right to object at
any subsequent. stage. What could be more absurd
than tha' a party should I.e by without objecting, and afterwards
be allowed to come before a Committee and say the return
was void, because he had proposed Mr. Bagshaw in time.
Whether they intended to waive the proposal or not all dis-
cussion ceased, for if they did it was of no effect, and if they
did not they were now too late. Neither the Mayor nor Col.
Addison, nor yet the Reporter, who was nearer the
body of the Hall than the Mayor, heard the nomination. The
latter said he heard nothing of the kirsd more than a cry from
the Hail of " Bagshaw, Bagshaw." This proved conclusively
that the proposal was such as the Mayor could not have
heard, or attended to if he had. He was satisfied
he need not urge more upon this point, and the
more especially as his Learned Friend could, if he
pleased, have put Mr. Hazel in the box to prove that he bad made
the nomination, which, however was not done. The Learned
Sergeant then adverted to the cases of the Bristol, Gloucester.
shire, and other elections that had been cited by Mr. Sergeant
Mereweather, and contended that tl ey had no adverse bearing
upon hs case, and that th, y were all in favour of the p,,iut he
was contending for in the present case, namely, that the choice
of the electors was over when the declaration of return began.
First, theri, his Friend had failed to make out that which was
essential to his case, namely, that Purr or Saxby were electors
of the borough, and entitled to put Mr. Bagshaw in nomination.
Secondly, it was proved distinctly the Mayor was in the act
of declaring the nominal ion of Mr. Towline, when he was inter-
rupted by Mr. Acland; and, thirdly, if the nomination of Mr. Bag-
shaw had been made at the first moment when the Mayor called
upon the electors to nominate another cand.date, the subse-
quent conduct of the pro,l oser and seconder in remaining mute
was a complete waiver of tbt it former proposal; and as they
declined to adhere to it then, they were not entitled to adhere
to it now. His Learned Friend had net dared to call the
Mayor, but he (Mr. Sergeant Wrangham) would do so, and
thus rest his case upon an cpponent, and put the Committee in
possession of the case which had been hitherto withheld from
them ; and he trusted the Committee would determine upon
his testimony, and upon consideration of the whole facts of the
case, that Mr. Tomline was duly elected for the borough cf
Sudbury.

Mr. William Spooner was then called and examined by Mr.
Austin—l was Mayor of Sudbury last year. The last election
for the borough occurred during my Mayoralty, and I was
consequently the returnint, officer. 1 was aware when I read
the precept that Mr. Tomlinee would be a candidate. It was
known generally throughout the town. I did not hear of any
gentleman who was spoken of as another candidate.' lam a
Liberal, and am proud of saying so. I have been actively
engaged in the elections for the borough. I should be greatly
surprised at any person being nominated by my party without
my being aware that it was intended to nominate him. On
the morning on which the election took place I was positively
assured that Mr. Bagshaw would not be put in nomination. Mr.
Acland came to Sudbury about a week before the election.
He wrote from Manchester announcing himself as a candidate.
He and Mr. Tomline were the only candidateS at the time the
election was held. There was a Mr. Hoey there, a friend of
Mr. Acland. I iaw him on the morning of the election, and
he wished me to give Mr. Acland the same facility at the elec-
tion as his Honourable Opponent.. I was surprised at the
question, as I wished to support Mr. Acland, if he would sup-
port her Majesty's Ministers. I inquired if he had a proposer
and seconder, and he told me that arrangements had been made.
I learned elsewhere they were Mr. Sa.xby and Mr. Large.
The day before the election Mr. Acland asked me if Mr. Bag-
shaw would be proposed, and I replied that I knew that he would
not. This was my firm belief and knowledge. Mr. Bagshaw
had been previously Member for the borough. I knew Mr.
Bagshaw had an eye upon Harwich at the last election. When
he was last defeated for Sudbury, he declared to me that he
would never become a candidate again. After the usual pre-
liminai ies had been gone through at the time of election, I ad-
dressed the assembly, and inquired if any person wished to
propose a candidate. Immediately upon this Mr. Ternline
was proposed and seconded. After that was done, I naturally
turned round to Mr. Acland and his party, but to my utter as-
tonishment they were mote. Mr. Bagshaw was not there. I
paired a full minute at least, it may have been longer. There
was ample time to have nominated ten gentlemen. I should
have been pleased to hear Mr. Acland vreposed. I had not
the least wish to send Mr. Tomline to Parliament. I would
much rather have sent Mr. Bagshaw. At the end of the hour
I turned to the town clerk and said there was no other candi-
date ; and he replied that I must then do my duty. I believed
there was no other candidate—l am still of that opinion. Fri-
day there w.s no other candidate. I immediately made up
my mind that Mr. Tomline was returned, and I was about im-
mediately to declaro him duly elected; but before I got