The Sun.
London, England, 1841-03-30 00:00:00

MORN IN G trn ON

WALSALL ELECTION COM-

MITTEE.

M r.:;ommittee met yesterdayat eleven o'clock.
COCKBURN, on behalf of the petitioners, stated that his
'-'r.atrned Friend and himself had agreed that they should close
their case with the evidence of Saturday night, feeling that
they might just as well take the opinion of the Committee upon
t.ne case as upon a hundred. They felt satisfied that ample evi-
clen,Je had been laid before the Committee that bribery and
t:eating to a considerable extent had been practised at the
election. The Leaned Counsel then proceeded at considerable
length to sum up the evidence that had been given in supportof the
petition. He referred, in the first instance, to the evidence of
Patch, which had fully established the charge of treating, and
who had distinctly traced the connexion between the voters so
treated and the agents of Mr. Gladstone. If the evidence of
that witness were substantively correct, then the Committee
must corns to the conclusion that the election was void. He
admitted that his Learned Friend had shown that the character
of the witness was not the very best—that he was, in fact, a man
living by his ingenuity, and ready fur any job that might offer,
and he confessed that -a
man could not come forward to give evi-
dence against the party by whom he had been employed wiihout
klving severe reflectiolis thrown upon his character and mo. ives.
The Committee, however, would recollect that even in criminal

cases parties whose testimony was of the most suspicious na-
ture, from their very connection with the offence, had been ad-
mitted, and cases involving life and liberty had been adjudi-
cated upon such testimony. The only precaution observed
-was, that their testimony must be supported in the material
parts by other witnesses. Now, admitting that the character
of Pa`eh were ten times worse than it really was. hal not the
Committee received a sufficient corroboration of his evidence
from other, and it might be, more trustworthy witnesses.
The Learned Counsel then proceeded to comment upon the
evidence of Patch, and the corroboration it had received
from that of Kilner and others, and contended that it fully
established the connection between Patch and Barnett, the
agent of Mr. Gladstone. Patch hart received a list of doubt-
fu voters from Barnett. He had taken some of them, by Bar-
nett's direction, to the New Inn. They were kept locked up
there, the greater part of them, in a state of drunkenness,
during the nomination day and night, and they were carried
in that state to the poll the following day. He would now
refer to the evidence of Kilner, who had corroborated the evi-
dence of Patch in the material points, that voters were sert to
his house; that dinners, suppers, wine, brandy, and every
description of treating went on in the utmost profusion, but
that he di,' all that without the sanction or authority
of Mr. Barnett. Why, he must have calculated
very largely trcon the credulity of the Committee
when lee made such unfounded and ridiculous state •
mcnts. Nay, he went a step further, and stated that he had
given ae:ay all that entertainment, 80/. worth of eating
and thinking, without the expeeteion of receiving one penny
fe'. it. But th tt most extraordinary statement was not allowed
to pass uncontradicted, and the witness wits obliged to admit
that he expected some friends of his in Walall to pay hint the
wt.:want. Why, it was the old hackneyed tale of tho-e who re-
sorted to such di •reputab!e practices. Their repu'atio t had
become a mockery, and the whole system a by eword arid a re-
proach, because of the leniency of former Committees, who
had allowed these miserable subterfuges and pretects to pre-
val, and to screen the offending Fifties from punishment. Ile
trusted that a new era was about to commence, and that the
decision of the Committee in the present case would show the
public that suc'i practices could no longer be resorted to with
impunity. But there was another gross contradiction in the
testimony of Kilner, because although he d dared
that he had no authority whatever for the entertain-
ment of the voters, yet he made out his account
as against the eleeti, n Committee of Mr. Gladstone.
The whole affair however was liable to the greatest suspi-
cion. The account so headed had been torn out of the book
—the opposite leaf was missing, and what that leaf contaitmd
no one now could tell. He trusted that the evidence would
have sufficient weight with the Committee. His Learned
Friend had t'-ought it necessary to depart from the ordinary
course, and to tender in evidence certain letters to show that
Patch was never an authorised agent of Mr. Barnett's. Ile
(Mr. Cockburn) hat never attempted to establish such a
ease. Patch had only been employed for that particular ser-
vice ; but the deviatirm from the ord na-y course which his
Learn•A Friend had resorted to, was a strong proof of the
weakness of his position, and if ever there was a case brought
before a Parliamentary Committee which required an answ,tr,
it was the present. He submitted most confidently, that a case
against the sitting Member had been made out, anti that they
were bound to avoid the return.

The CHAIRMAN said, before Mr. Sergeant Wrangharn
commenced to open his case, he would wish the room to be
cleared.

Strangers wt.re then ordered to withdraw.

Counsel and agents having been called,
The CHAIRMAN said the Committee had decided that Mr.
Wrangham do proceed with his case in behalf of the sitting
Alember.

Mr. Sergeant IVRA NG HA 31 then addressed the Committee
upon the evidence that had been adduced in support of
the petition. Ho referred particularly to the evidence of Patch,
which he contended was contradicted in all the material parts
by that of other and much more credible witnesses. After a
lengthened address of more than two hours, the Learned Coun-
sel concluded by submitting that the allegations in the petition
had not been sustained.

It being then four o'clock, the Committee acijournel till to-
morrow, when Mr. sergeant Merewether will be heard in reply.

ST. ALBAN'S ELECTION COM-

SUTTEE.

The Committee re-assembled yesterday. They cleared
the roam for a few moments, when parties were recalled an I
informed that the Committee had de'ermtned that the question
of " What did Dr. Webster say ?" should he answered.
The Rev. Mr. Brogden was recalled, and answered, the
Doctor sa.d " Well, whet of that? the other side are just as
beet." Lord Listowell was within hearing, and witness said
to him "Here is pwity of election and liberty of conscience."
The Noble Lord said nothing, but turned very pale, and his
under lip quivered very much.
Cross-examined—He was rather angry, but not otherwise
excited. There was no other conversation, but the offer of a
rug to stand on to Lord Listowell, or perhaps refreshment by
witness. He repeated the observation two or three times. He
thought it was upon the second time that the Noble Lord
turned away his head. He had seen Lord Listowell canvassing
upon two occasions, but had not been introduced to him.
Robert Adams was then called, and examined by Mr. HILL-
YARD—He resided in St. Allan's, and had an annuity in
Bucks of 151. He had seven houses in St. Alban's, and had
a vote in the borough as a freeman. On the day of nomina-
tion Dr. Webster came up and tapped him on the shoulder,
and in consequence of what the Doctor said, witness and
Stebbings went into his house. Witness was taken into the
surgery, which was in front. Had been in a hack parlour
along with the Doctor. No one else was there.
The witness was ordered to withdraw.
Mr. AUSTIN said the questions were evidently leading to im-
proper practices. His Learned Friend had better at once
raise the question of agency. Beating about the bush in that
way was a waste of time.
HILLYARD wanted to take his own course. He would
promise to take no advantage, and obtain no improper answers
from the witness.
The witness was recalled. Stebbings was in back room
along with Dr. Webster first. When Stebbings came out he
showed witness--
Mr. AUSTIN felt bound to object to the whole course of
examination taken by his Learned Friend. He must object to
any evidence being given of corrupt acts by Dr. Webster until
he had connected him in some way with Lord Listowell. Why
should not his Learned Friend rise the question of agency at,
once ? Why step out of his duties as an advocate and enlist
himself as a partizan in the case? Why not conduct that case
in the seine manner as others before the same tribunals, and at
once raise the question of agency? He contended that ne fur-
ther evidence relating to agency had been given since the Com-
enittee last considered that question, and decided it in the nega-
tive. There was no further evidence except that of Mr. Bregden,
and what was it? Why that Lord Listowell upon being inter-
fered with in so unprecedented a manner, curled up his lip ;
might it not be with contempt or anger ?
Mr. Hieeveity said he had refused to shape his course
as one of agency, because he had suffered from it on the
former occasion, by giving his Learned Friend a re-
ply; his position was that he was entitled to proceed
with his line of examination, even should the Committee
think that agency had not been proved. In any court of law
he would be entitled to prove the acts of bribery, if the proceed-
ing were a criminal one, against Lord Listowell for the pe-
nalties. It would shut out all inquiry if they did not let the
examination proceed; for many gross cases of corruption could
Only be proved by such means. He did not mean, however, to
admit that the agency of Dr. Webster had not been proved.
came
Mat •
raatenal evidence had been given since the Committee
to their former decision. Dr. Webster was the first
person that raised thef opposition. They trace him to
the neighbourhood
agent of the sitting Mr. Coppock's office, who was the
He, "1g Member they trace him to the
Treasure'. and th!sperson with him, learn all of the
expected movements of Lord Listowell. They order horses
for him on the read, seat meet they drive to the house of
Dr. Webster, whe the Doctor introduces him to the multi-
tude as the tenth or eleventh
and he had introduced, and
added the significant phrase,
atogood one too." The
Listowell in his canvass
•
Doctor is constantly with Lord th
he proposes him on the hustings ; and
transactions which took place daring the ueolle,ae
h after
he tthhee'
man whom the Noble Lord had in his carriage after thet elec-
tion while going round the borough. He did not say that all this
was positive and conclusive evidence, but he would say that it
was the strongest prima facie evidence that had ever been laid
before a Committee, and imperativelyealledfor an answer.
Mr. AUSTIN replied. His Learned Friend had sprung a
new case upon him, for lie had allowed him to !ii-guse the et,
as if it was one of agency only, but now he put it to the Com-
mittee upon both points, the former of which he had put it
out of his (Mr. Austin's) power to argue thLaelarnetdo
Friend bad done nothing more or
less
call upon the Committee to consider theirformer t
decision
and if he succeeded, how long were those decisions last?
He contended that his Learned Friend had not altered the cir-
cumstances since the last decision.
The Committee-room was cleared for about half an hour.
Parties were then called in, and informed that the Committee
had decided that agency had not been proved, but the Learde
Counsel for the petition might offer esli evidence.
Mr. Adams was recalled, and stated that he received the
money as stated in the opening of Mr. Hillyard, for the pur-
pose of voting for Lord Listowell. He was asked what
Webster said on giving the money.
Mr. AUSTIN objected. They could not show agency by
such aline of examination.
The Committee decided that the question was within the
rule, and might be put.
In answer to Mr. HILLYARD the witness bore out the whole
statement of the opening.
In his cress-examination by Mr. AUSTINhe said he break-
fasted with Mr. Cabbell, and with him during the
day before the arrival of Lord Listowell.vad There were present
Wingrave, Quin, and Ftlagg, andarat great many more. He
canvassed, and took a prominent
in the election from the
day after issuing the writ till the last, and wore the
true blue colours. Went down to Mr: Webster's after
at the
Arms. seeing Quin and Wingrave
of Mr. Cabbel in the Verulam
etebbing
was there also. and they want immediateri •
to Dr. Webster's. He left the polling place in ay hut."' there
to Hertford with a Mr. Seacank, because at the "211.1 wiesnY•
threatened to knock out his brains. At Hertford MrrNi(thuei'
son, the agent for Lord .Salisbury, provided for him.."
After staying a week there he came to a .0,7
in Hoxton, and was now at an hotel in the n'ei,a,h-e.
bourhood. He had not paid his bills at either pe,'"
except at Heaton. He believed he had often been called
" Lying Adams," both at Aylesbury and in St. Alban's, but he
did not care for such nicknames. He knew John Gibbs, but
didnot believe that he ever put down regularly all the lies he
witness) gave utterance to in a day. Many Jokes had passed
DeLeen them, but he did not believe that was one of them.
et:The witness was very shortly re-examined, and the Com-
le:wad. ioUrird at near five o'clock till half-past eleven to-
The

- ship Isabella, from London and Plymouth,
with emigrants, arrived at Sydney on the 18th October,
all welt

Married on the 27th inst., Mr. Bentley of
John Tucker Es
Moorgate-street, to Esther
, youngeit daughter of tho late
, q., of Westmoreland-place.

7z

~~