The Sun.
London, England, 1835-08-06 00:00:00

ECOND EDITION.

SUN OFFICE, Seven o'clock

THE PARLIAMENT

(THIS EVENING.)

HOUSE OF LORDS.
CASE OF MARLBOROUGH.

(Evidence of Mr. Thomas Merriman, continued from our
First Edition.)

By Mr. KNIGHT—In the Commissioners' Report there is a
paper mentioned which was handed in by Mr. Woodman, and
which purported to have been written by Mr. Ward, and dated
Aug. 9,1783, stating that Lord Aylesbury nominated the persons
to be chosen for burgesses. I did not see any paper in the hand-
writing of Mr. Ward produced. He died in April, 1829, and
I never beard of such a memorandum during his life time. In
November, 1830, Mr. Woodman said something about a paper
which was not precisely what is there stated. When he
produced the paper he said it was in the handwriting
of the clerk. Mr. Woodman was not a witness ; he was
not sworn ; he sat by, interjecting observations. I never saw
the original paper. I heard nothing about it.
By the Duke of CUMBERLAND—The paper was in the
handwriting of Mr. Woodman's clerk, not of Mr. Ward's
clerk.
By Mr. KNIGHT—In the year 1826, Mr. Woodman, by
virtue of the Speaker's warrant, got access to the
Corporation papers, for the purposes of an Election
Committee. I have been Town clerk for eleven years,
and I never saw or heard of such a paper as this. I did not
read the paper produced before the Commissioners.
By Lord BROUGH AM—I did not see in whose hand
writing it was, but Mr. Woodman said it was a copy of another
paper taken by his clerk. lam sure of that. I saw no other
paper delivered to the Commissioners. I have known Mr.
Bingham some years. He goes the Western Circuit.
He writes the Reports of the Court of Common Pleas.
I am acquainted with most of the respectable inhabitants of
town of Marlborough. lam not acquainted with many of
those who are against the Corporation. Their being against
the Corporation does not influence me in forming acquain-
tances, but naturally, I am more acquainted with those friendly
to the Corporation.
Samuel Benjamin Merriman, examined by Mr. KNIGHT—
lam a law student, and brother of the last witness. I heard
his examination, and perfectly agree in everything he has
stated relative to the Corporation, the friendly feeling of the
inhabitants towards them. I was present during the investi-
gation before the Municipal Commissioners, with the excep-
tion of five or ten minutes. They adjourned about two o'clock,
and stated that they had finished the investigation, but would
sit the following day, and would be glad to hear any sug-
gestions that might be made. That statement was made by
Mr. Bingham, in answer to an observation of my father's,
who is mayor of the town. My father's observation was,
that be hoped they would not hear one side, without
hearing the other. The Commissioners held no other sit-
ting in Marlborough. I confirm the statements of my
brother as to certain information in the Commissioners' Report
which was not probably given them. I heard Mr. Bingham
say, in answer to an observation of my father's, relative to a
volunteer statement of Mr. Woodman, which he hoped
would not be received, except on oath, that he had
not found it necessary hitherto to take the evidence on
oath, and be hoped he should not have to do so now. I be-
lieve the people are quite satisfied with the conduct of the Cor-
poration, and are not favourable to any change.
By Lord PLUNK ETT—Many of the respectable inhabi-
tants are Members of the Corporation, but there are of course
very many who have no share in it.
CASE OF NORWICH.

Frederick Goold, examined by Sir CHARLES WETHERELL--
I am an Alderman of Norwich, and have been so for
fourteen or fifteen years. The governing body is composed
of a Mayor, two Sheriffs, 24 Aldermen, of whom the Mayor is
one, and 60 Common Councilmen, a Recorder, and Steward.
The governing body consists of 86. The Corporation claims
a sisterhood or kin to that of London. In London the
Common Council are elected individually ; but in Nor-
wich three of the Common Counsel are elected by the
constituent body, and these elect the rest. It is con-
sidered a popular form of government. The institution
of the Corporation took place in the year 1729, and was
then regulated by the 3d Geo. 11., chap. 8. The number of
freemen was 2,600--the inhabitants, 6,100. He had acted
as a Magistrate, of whom there were 20 or 21 in Norwich;
every Mayor was a Magistrate for life after passing the chair;
the Magistrates were appointed for life, the Sheriffs and
Council were elected annually. The twenty Magistrates were
perfectly adequate for all the business which arose in their
jurisdiction, and he had never heard any complaint of their
non-attendance. The mayor sat in the Town-hall every day,
and was generally assisted by one or more of the magistrates.
The magistrates had always acted fairly and impartially in
the discharge of their duties. Ile never knew of any informa-
tion laid against any of them for malversation in their offices.
Never heard any complaint against them from either free-
men or inhabitants. There were 24 ward constables for a police,
and the Mayor appointed as mqny constables as were necessary.
These did their duty very well, and were perfectly adequate to
preserve the peace of the city, except in the warm time of an
election. That was proved from the smallness of crime
in the city, having only had one prisoner for trial at the late
Assizes, and the average of those tried at the Quarter Ses-
sions was eight or nine. He certainly did not believe the
statement made in the Report that the Purples, who were Sir
James Scarlett's voters, were engaged in burninr, their own
booths. There was a Court of Conscience and a Guildhall
Court in Norwich, which gave great satisfaction, they were
much used. The Steward presided in the latter Court, and
he was appointed by the Aldermen and Council. The Re-
corder was appointed in the same way, and he knew there wall,
no wish in Norwich for having those officers appointed in a
different manner. The property of the Corporation, which
amounted to 2,2001., was perfectly, fairly, and well ma-
naged; the surplus was generally a few hundred pounds.
The Mayor had 3001. and a dinner; but it generally cost
him 1,000/. The Sheriffs got each 501. from the Corpo-
ration, and they generally spent 3001. a year each. It
has been the practice of the Corporation for several years
to print a statement of the receipts and expenditure of the
Corporation. One hundred of these books are printed ; every
member of the Council has a copy. It is not difficult for a
stranger to procure a copy. These books contained accounts
not only of the property of the Corporation, but also of the
charitable fundg. There are six or eight auditors__one half
appointed by the Aldermen, the other half by the Commons.
Never knew one shilling belonging to the Corporation or Cha-
rities spent at contested elections. The mode of keeping the
accounts gave satisfaction to the freemen as far as he knew.
It would be very unreasonable if they did not. Was not
aware of any abuse existing in the Corporation. The Com-
mon Council are elected by the freemen. The Corporation
in his judgment, notwithstanding the change of circumstances,
was a useful and efficient instrument of local government.
Could not suggest any improvement in any department. The
accounts of the charity funds are kept in separate books from
those of the Corporation. There is a Committee appointed
for this purpose. The statement in the Report on the ques-
tion of the Charity trusts, as reposed in the Alderman, is a very
unfair one, because it would cost a great sum of money to
have these Charities attended to by paid servants.
Is not this statement then a stone cast at the head of every
Alderman ?—lt is.
Lord PLUNKETT—Do you mean to swear to the cor-
rectness of the metaphor ?-_(r laugh.)
Sir C. WETHERELL—IS it not intended as an unjust
censure ?
Lord BROUGHAM—No, no; that will not do, really.
Sir C. WETHERELL—Sometimes I put the question too
severely and sometimes too gently.
Lord BROUGHAM—No, no; you know well enough
how to put the questions. There is not one in 20 legal, but
I do not object to them.
Sir C. WETHERELL—My Lord, I wish to put the ques-
tions regularly.
Lord BR OUG HA :Vl—And you can do it very well ; but
how can the witness tell what was intended?
Sir C. WETHERELL (to the witness)—ls that a fair or un-
fair statement ?--Unfair—very unfair. I was present at the
examination by the Commissioners. I recollect Mr. Long
saying that there was no occasion for the inquiry. Mr.
Buckle admitted that the Charities were benefitted by the
present mode of management. The passage then referred
to is very unfair. There is a statement that a Charity left to
poor weavers had been diverted to improper objects, while
those entitled to it were rejected, but it is not true. The
ancient Companies have ceased above a century, and the ap-
pointments have fallen into the hands of the Alder-
men. This exercise of the appointments is not an
usurpation upon, but in conformity to the charter.
The statement that the corporate and charitable funds were
made subservient to the uses of the Corporation individually
is untrue and unfair ; although in one instance the hospital
fund was laid out in paying for the repairs of a house inha-
bited by one of the Aldermen, but the tenant was not liable
for the repairs. We are unsalaried and unpaid managers and
trustees of these charitable funds. I have not estimated what
the per centage would be if these funds were handed over to
salaried treasurers, agents, and collectors, but it would be
very considerable. We have in Norwich a hospital
called the Great Hospital, which accommodates 176 men
or women. Of 85 men in it, 51 are freemen and 34
are not ; and of 81 women, 27 are the widows of freemen and
54 are not. The proportion of Whigs and Tories in the hos-
pital is nearly equal ; but it occasionally varies. The amount
of Church property is about 2,2001. There are eleven or
twelve livings, some of them in the town and others in the
neighbourhood, but all within the county. The appoint-
ments to the livings is with the Aldermen and Common
Council. Unless there is a majority in both houses, the
nomination lapses to the Bishop, and this has occurred.
There is a statement in the Municipal Commissioners' Re-
port relative to the son of an alderman being appointed
Chaplain to the Hospital, and of the salary being then
increased from 50/. to 2001. per annum. The person alluded
to is the Rev. Mr. Patteson, who is now Chaplain of the
great Hospital. The Hospital Church is also parish Church
of St. Helens. The Chaplain has to perform duty in it on
Sundays, to read prayers three times a week, and he is
frequently called upon to attend to the spiritual comforts
of the poor people in the Hospital whose ages average
seventy-three, and many are considerably older. There
was no by-law in Norwich preventing the appointment
of the son of an alderman, nor was it at all against the trust.
The restriction was put on for the purpose of leaving it at the
option of the Commons to give what they pleased to the
succwor of the Rev. Gentleman. He considered that it was a
Val War represent4tiop, for the Rev. Mr. Patteson was very