The Sun.
London, England, 1859-11-19 00:00:00

Mr. Harvey—l decline to answer any questions
for fear I should, by my answer, be implicated in
this charge.
Mr. Sergeant Ballantine said it was the privilege
of a witness to take this course.
-Mr. Power pronounced it insulting to the admi-
nistration of justice for any gentleman to refuse to
give evidence.
Mr. Sergeant Ballantine said his learned friend
had no business to insult the witness in such a man-
ner, and he trusted the bench would protect Mr.
Harvey in his legal rights.
Mr. Power contended that no witness was privi-

leged to decline to give information to a court of
justice. He must ask the witness with reference
to a letter of the- sth November, whether this
(pointing to a particular part of the paper) was his
handwriting ?
Mr. Harvey—l decline to answer any questions
in this case, for fear by my answer I should be im-
plicated in this charge.
Mr. Power said the Court must compel Mr.
Harvey to answer the question, unless they be-
lieved it had a tendency to implicate that gentle-
man. It was not considered that Mr. Harvey was
implicated, but the Court would surely not allow
the ends of justice to be frustrated.
Mr. Sergeant Ballantine said it was a most cruel
thing, in a fishing inquiry like the present, to get
hold of a gentleman's books and mem.3randa, which,
with the malignant feeling existing in the town,
might afterwards be distorted into something like
a charge against him. After the manner in which
the case had been conducted, Mr. Harvey had no
reason to reproach himself for the course he had
adopted.
Mr. Power believed that Mr. Harvey was inno-
cent, and that he was merely the channel through
whose hands the notes passed. The inquiry, how-
ever, was one of national importance, and the Court
must not permit the ends of justice to be frus-
trated.

The magistrates decided by 14 to 6 that Mr.
Harvey ought to answer the question.
Mr. Harvey—l am the best judge of what will
implicate me, and I decline to answer.
Mr. Power said he must ask the Court to commit
the witness.
Mr. Sergeant Ballantine contended that the
bench had not the power of doing so.
The court was cleared, and the proceedings ad-
jourded for an hour. On the re-admission of the
publ;c,
The Mayor said the magistrates wished, before
any final decision was come to with regard to Mr.
Harvey's refusal to answer the question addressed
to him, that the counsel for the prosecution should
proceed with his case.
Mr. Power—l wish to ask you, Mr. Harvey,
whether you found Mr. Colins, the defendant, and
Sir Samuel Bignold together at your bank when
you reached it on Wednesday, the 9th of November.
Mr. Harvey—l give you exactly the same answer
as before.
Mr. S. Hill was next called, and examined by
Mr. Power. He said—l am a clerk in Messrs.
Harvey's bank, and acted as a cashier on Wednes-
day, the 9th of November. lam not aware, of my
own knowledge, of the £lOO notes transferred from
Hankey's being received. No £lOO notes or £5O
notes were delivered to me by Mr. Harvey. I did
not pay over any £lOO or £5O notes on the 9th of
November. It is the cashier's duty to pay them
over. It is the habit of the bank to balance the
books every evening. If £5OO leaves the bank,
there is means of knowing whether £5OO has been
paid. I must here ask whether I ought to answer

these questions. It was not my duty to balance the
books. A Mr. Iloddy makes up the books. The
amour t received from London and the payments
made would be shown. I saw Mr. Collins at the

bank. Sir Samuel Bignold was with him. Mr.
Harvey was not there when they came in. I saw

them first when they came into the room where I
was—Mr. Harvey's room. They remained there
nearly an hour before Mr. Harvey came. When
Mr. Harvey came I left. I left Mr. Harvey, Sir
Samuel Bignold, and Mr. Collins together. They
remained together not more than five minutes at
the outside. lam not aware of my own knowledge
of Mr. Collins receiving any money through our
bank. It was the cashier's duty to pay money. I
saw Mr. Collins leave. Mr. Harvey opens our
letters sometimes. I cannot say who opened the
letters on Nov. 8. Four of the clerks are privileged
to open business and registered letters.
By Mr. Sergeant Ballantine—Mr. Collins is a
solicitor, and is occasionally consulted by Mr. Har-
vey, professionally. I have seen him frequently at
the bank. Sir Samuel Bignold is occasionally, but
not frequently there.
By Mr. Power—l don't remember ever seeing
Sir Samuel Bignold and Mr. Collins there together
before.

Mr. W. C. Lound examined by Mr. Power—l am
a cashier in Messrs. Harvey's bank. I produce
several of the books.
Mr. Power applied to look at one of them.
Mr. Sergeant Ballantine objected. The book
w2s but a memorandum, and could only be used to
refresh the witness's memory.
Mr. Power said he only wanted to see whether
there was an entry in the book which dealt with
this £3OO.

Mr. Sergeant Ballantine replied that his learned
friend had no right to make the present tribunal a
court of inquisition. It would be a monstrous act
of tranny to compel Messrs. Harvey to give up their
books ; and unless force was used, the book at pre-
sent applied for would not be taken from them. He
protested against his learned friend looking at pri-
vate memoranda and private books, with the view
of getting up a case of which he knew nothing at
all.

Mr. Power asked the witness whether the book
contained entries of the payments made on the 9th
of November.

Witness—l decline to answer the question, as it
may possibly implicate myself.
Mr. Power—Upon that day did you pay over
.C5OO to Mr. Collins ?

Witness—l object to the question on the former
ground.
Mr. Power—That it tends to criminate you ?
Witness—Yes.
The Mayor repeated the question.
Witness—l decline to answer it.
The Mayor—Will you please to state on what
ground
Witness—As I fear I may be implieated by such
answer in the present case.

Mr. Sultzer, one of the magistrates, said there
appeared to be a most determined:effort to frustrate
the ends of justice.
Mr. Sergeant Ballantine asked whether this was
the opinion of the bench generally ?
Several magistrates (Conservatives) replied in the
negative.
Mr. Sergeant Ballantine—lt is not decent, then,
for an individual magistrate to express an opinion.
The Mayor said it was the opinion of the magi-
strates that the witness should answer the question.
Witness—l must decline to answer it.
The Mayor—l believe it is the unanimous opinion
of the magistrates that you should answer it. We
shall take the advice of the law officers of the Crown,
and adjourn the case.

Mr. Sergeant Ballantine said he must apply to
the bench to hear a case in which a summons had
been granted against William Wilde, William
Wilde the younger, 'William George Wilde, James
Stowes, and Sir William Foster, Bart., for a con-
spiracy to bribe at the last election for the city of
Norwich.

Mr. Power—Sufficient for the day is the evil
thereof.
, Mr. Sergeant Ballantine—l must trust to my own
wisdom. I prefer it to my learned friend's.
The Mayor intimated that the magistrates would
go into the case.
The inquiry was then adjourned, the bail of Mr.
Collins, the present defendant, being enlarged for
his reappearance.

It will be seen that political matters are coming
to a crisis in Norwich. The parties summoned in
the second case referred to by Mr. Sergeant Bal-
lantine are all Liberals, and further reprisals are
threatened by their friend 3 against fresh Conserva-
tives. Unless matters can be hushed up, it is diffi-
cult to see where the proceedings will end. Sir
Samuel Bignold, who is referred to in the course
of the evidence already given, has several times
contested Norwich in the Conservative interest, and
at present claims one of the vacant seats.

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