The Sun.
London, England, 1859-08-16 00:00:00

ASSIZE INTELLIGENCE.

OXFORD CIRCUIT.-GLOUCESTER, AUG. 15.

CROWN COURT.
(Before Mr. Justice Byles.)
Wm. Clarke was charged with using force, vio-
lence, and restraint, and practisins intimidation
upon one Charles Talbot, in order to induce or com-
pel him to refrain from voting at the election of
burgesses to serve in Parliament for the borough of
Cirencester, and by divers devices and fraudulent
contrivance, preventing and interfering with the
free exercise of the franchise of the said Charles
Talbot, and thereby compelling him to refrain from
giving his vote at the said election.
Mr. Cooke and Mr. Cripps prosecuted ; Mr.
Powell and Mr. H. James defended.

The Judge had the prosecutor hound over to pay
all the defendant's costs in case of acquittal.
Mr. Cooke, in stating the case, said defendant
was prosecuted to maintain freedom of election, of
which so much had been said in late years. At the
last Cirencester election parties were nicely ba-
lanced, and Mr. Clarke's candidate won by six or
seven votes. Admiral Talbot was not the prosecu-
tor in this case, bat was subpoenaed by the Conser-
vative party, and had come from his command at
Cork, at great inconvenience to him-self.
Mr. Cooke put in a copy of the election writ,
which was taken as read.

Mr. L. Bevin proved the return, and that Admiral
Talbot and defendant were both on the register.
Admiral Charles Talbot—My house is in the
Watermoon-road, Circencester. I held a command
at Cork from November to January last, but my
furniture remained at Cirencester in charge of a
servant. On the day of the election there I camel
down to vote, and telegraphed for a fly to be ready
at the'station. I arrived there six or seven minutes
before four o'clock in the afternoon, and found
the fly waiting. I got into the fly at the station-
gate. The people pressed forward at the great
gate and stopped the horse. After a great deal of
difficulty I got out of the fly and tried to go out at
the smaller gate. I saw there was an immense
crowd, and that it was hopeless for me to attempt
to go through. I turned and saw the large gate
open, and went towards it. There was a great rush,
and I was knocked over by another man. When I
got up I was embraced by Clarke, who cried out, " I
will take care of the admiral." I desired him to
let me loose, but he kept pushing me back from the
gate. That went on for several minutes, and as
soon as I could release myself from the embraces of
my friend, Mr. Clarke, I turned to the station, but
saw by the station clock that it was four or five
minutes after four. I was prevented by these
means from recording my vote.
Cross-examined—The train was 20 minutes be-
hind time at Gloucester. I have not said that we
were 20 minutes behind at Cirencester, but we were
late. The train was due there at 3.40. I did not
notice whether the driver of the fly was drunk or
sober. I told him to " drive on." I got in, but I
do not know that he saw me, for his back was to-
wards me. Did not see the driver flog the people
until they took hold of the horse. That was when
the obstruction was made. The people walked
before me in the genteelest manner, but would not
let me go a-head. Clarke was not one of them. I
was knocked down by falling over somebody.
(Laughter.) Then Clarke took hold of me.
Mr. Powell—Did he endeavour to keep the mob
away from you ?
Admiral Talbot—He protected me in a certain
way. (Laughter.) I have not said he protected
irte from the mob. He did not keep them from me.
I did not attempt to go to the poll, beer use it was
after four. On the Monday following I preferred
a charge of assault against Clarke. The magis-
trates deliberated some time, and fined him 50s. and
costs. I was subpceimed by Mr. Daubeney to ap-
pear before the magistrates on another charge. I
came again, and gave evidence against Clarke on
this charge. I had gone to Ireland in the mean-
time.' I left Cirencester on the 14th February. I
did not go there again until the day of the election,
nor since, except to attend before the magistrates.
I have not since endeavoured to let my house and
furniture. I consulted no professional man, but
stated my case to the magistrate's clerk, who said,
" That's an assault," and Clarke was accordingly
summoned for an assault.

A number of witnesses were called by the de-
fence, to prove that Clarke called out to the mob to
let the admiral come out, and that the driver of the
fly appeared to be drunk, and excited the people
by lashing them with his whip. It was also proved
that Clarke and others went to meet several trains
that day, by which they expected voters would
come on the Liberal side, and that Clarke and
others were at the station for the same purpose
when Admiral Talbot came there.

The jury, after a brief absence, returned into
court with a verdict of guilty.
The judge reserved sentence until the next
case was decided, but intimated that he should not
allow the costs of the prosecution.
Jermyn Colbourn, Lavinia Susannah Colbourn,
and Walter Muhis, surrendered on an indictment,
charging them with using undue influence, and by
abduction, duress, and fraudulent device, impeding
and interfering with the free exercise of the fran-
chise of and by one John Kibblewhite, at Ciren-
cester, he being a person qualified to vote for the
election of burgesses to serve in Parliament for the
borough of Cirencester aforesaid.
Mr. Powell and Mr. H. James prosecuted; Mr.
Cooke defended Mr. and Mrs. Colbourn; and Mr.
Cripps defended Mr. Mullis.
Mr. Powell, in opening the case, said no doubt
these people, who had made themselves amenable
to criminal law, were influenced and set on by
people of station in the county. They were all in
the service of a rich man named Pole, and having
drugged the old man who was drinking there, they
had him conveyed to a place where he was ordered
to be kept until the poll was closeil next day. But
he made his escape, and walked part of the way
towards Cirencester, and was taken up by a return
fly, arriving at the polling-place in time to record
his vote after medical relief had been afforded him.
This case differed very much from the last, and he
hoped, if the defendants were found guilty, they
would be fined, so that their punishment should
reach those who were screened behind them, and
who had instigated them to this serious offence.
• John Kibblewhite--I am a labourer living at
Stratton. Mr. Pole is the squire of Stratton. On
the day before Cirencester election I was at the
Plough, and Mullis, who is gardener to Mr. Pole,
asked me to go and open a drain at his house next
day. I went there, and afterwards went to hear
the nomination speeches, and went back to work.
In the afternoon Colbourn invited me into the sad-
dle room, where I had a: glass of beer and a pipe.
Mrs. Colbourn invited me upstairs to have some
tea, and I went. I had only had three half-pints
of beer. I had one cup of tea, but the second. she
poured out was of a dark colour, and tasted queer.
Colbourn was in and out all the time. I told Mrs.
Colbourn the tea was too strong, and she must
please to put some more sugar in it. She eid so,
and I drank it. Ido not remember anything more
till next morning, when I found myself at a public
house at Ashton Keynes, about half-past seven. I
was very sick and ill, but when I got a bit better I
went down stairs and out of the house. I went along
the road and was sick several times. A fly came by
and picked me up, and took me to Cirencester. I
' was taken to the Bear, where a doctor came, and
towards evening I went and polled. But I was very
ill all the next week, and lay a-bed four days. I
am 60 years old. I have always voted for the Blues
(Liberals.)
David Cale—l keep a beer-house at Ashton
Keynes. Kibblewhite was brought there about 10
o'clock at night by Colbourn, and his wife and
Muliis. Colbourn said I was to keep him there
till four o'clock next day, so that he should not go
to the poll. He said he was sent by Mr. Pole. He
said I was to be sure and keep him, and charge any-
thing I chose in reason. If I did not like to keep
him I was to send him anywhere where he could be
kept. He appeared to be drunk and helpless. He
was carried out of the carriage into the kitchen,
and up to bed. They remained and had some beer.
Atter they left my wife showed me a small bottle.
I stayei up with Kibhlewhite till one o'clock.
Colbourn said to his wife as they were going away,
" Have you left that with Mrs. Cole ?" He said to
me, You see that he has 20 drops when he wakes.
It won't hurt him, for we have given him 20 drops
before." He was very bad during the night. I
went to him four times, for I was frightened. He
had nothing at my house. On the Sunday Colbourn
came and asked me what I had let the man
He gave me 155., and asked me for the'bottle, which
I gave him. He said his master would be p, leased
to see it.

Cross-examined—Told Mr. Pon sonby what I have
said to-day. I never had £5O for voting or giving
evidence.
The Judge directed the j ary to acquit Mrs. Col-
bourn.

Mrs. Cole corroborated her husband's evidence.
Mrs. Colbourn gave me a little bottle tied over with
string. Colbourn was in tho room then. Took
care of the bottle and gave it to my hust and.
The Judge said witness bad acted with great pro-
priety, forthad she administered those drops nobody
knew what the consequences 'might have been.
Dr. Smith said KibblQwhite suffered under some
narcotic.

Mr. Cooke and Mr. Cripps having briefly ad:
dressed the jury,
The Judge, in summing up, condemned the pro-
secution as having been instituted again t inferior
and subordinate agents.
Mr. Powell said. Mr. Pole was originally in-
cluded in the charge, but the magistrates dismissed