The Sun.
London, England, 1857-06-27 00:00:00

E EIN I it; a 3 U E 27, PS 7

PARLIJIIIEYTARY COM:VITT RES. b

ROCHDALE ELECTION.

At the --Eitting of this -oornenittte yeBterclay—Sir J,
Y. Buller in the chair—the first witness called was—

Mary Ann Hughes, wife of Richard Hughes, who
stated that she and her husband now live at Liverpool.
She formerly resided at Rochdale. Her husband was
a voter at the last election for Rochdale, but did not
vote. On Thursday, March 26, she sa v Thomas
Henessy at her own house• He asked her who her ho?-
band was going to vwe for. She said she did not
know. Henessy said he would give her Si. if she would
send for her husband, who was then at Liverpool, and
got him to vote for Ramsay. She told him she could
not do it. Henessy also mentioned a man named
Martin Daly, and Henessy said he would give him 31.
to vote for Sir A. Ramsay. She toll Daly the same
evesing. what Henessy had Said. Oa March 23, her
brother Henry called at her house and said he should
give her husband Si. for his vot,,. She replied there
had been so much bother she would have nothing to do
with it. Her brother then said he should give her 51.
in seven clear days after the election if she would send
fur her husband and get him to vote for Ramsay. A
person named John Reilly afterwards gave her Si.
On the Sunday following Reilly came to her and said
her husband could not come to vote, whereupon she re-
turned him the Si. in the presence of a third party. On
the Sunday after, her husband came home, and in con-
sequence of what he sad to her, she sent word to Reilly
that if he did not return her the Si. her husband would
put him in the county court. Reilly said if ho did so,
he must pay it out of his own pocket, but he should take
a solicitor's opinion about it.
Martin Daly, a labourer and lodging-house keeper at
Rochdale, confirmed the evidence of the previous
witness.

John Mills, the next witness, proved that a voter
named Dominick O'Hara told him that Richard Mills
and Ilenessy gave him 1/. 53. to take his clothes out of
pawn.

After Eome further evidence, the committee then ad-
ourned.

COUNTY OF MAYO.

This committee reassembled yesterday morning at 11
o'clock—Mr. William Scholefield in the chair. The room
was greatly crowded tinting the -inquiry.
Mr. Prendergast, solicitor at Claremorris, was the
first witness called and examined by Mr. O'Malley. Ile
said—l live at Ballygore, in the County of Mayo. I
am a voter of the County of Mayo, and I know Mr.
Burke and Mr. Rutledge. On the sth of April I was at
Ballinrobe with Mr. J. Burke. Mr. Rutledge escorted
a body of voters to Ballinrobe. When we got there we
turned up a lane to avoid a mob. The voters went up
the lane with the escort and an additional military escort
met us. There is a wall on each side of the lane. The
voters were attacked in that lase by a party on the wall.
There were a great number of persons on the wall. Mr.
Peter Patrick Cm way headed the mob. I have no
doubt it was him. The mob was acting under his di-
rections altogether. I heard him speak repeatedly as
we were going up the lane. I speak Irish, and I heard
Peter Conway speak in Irish. He addressed the voters
over and over again in Irish. Ho said, " May the
curse of God, and the curse of the flock, fall on any man
who votes for Cilonel Higgins." (The witness here re-
peated the expressions in Irish to the great amusement
of the committee.) I am a Roman CAtholic, and have
been all my life acqua'nted with the peasantry and the
class of persons to whom it was addressed. The priestly
imprecations were very excited, and with great solem-
nity of manner. I have heard priestly imprecations
before.

Mr. M. Smith took objection to this line of examina-
tion, but the objection was considered too leading in its
character.

The witness continual—The words were used in the
way of denunciation. It was calculated to overawe the
Catholic population, and I have no doubt it had that
effect. I was at Ballinrobe on Tuesday and stayed at
Monaghan's Hotel. Tne town was in a state of excite-
ment and ferment the whole time. There was an in-
furiated mob ; he never saw one more so. That mob
was on the, side of Moore, It was necessary for the
voters to have a mi itary escort to go out ; no man in
his senses would go out without protection. I was con-
fined to my hotel. The voters were restrained from
going out by the violence of the mob, who had posses.
sion of the town. I afterwards saw Conway on horse-
back and on foot. Conway bad the control of the mob.
Hardiman, the parish priest of Ballinrobe, took no part
in the mob. The polling took place on the Monday
and Tuesday. I left on Tuesday. I was escorted to
the polling booth. I could not have got to the booth
without ; certainly not.
By Sir J. Hamner—lt is not a general rule for voters
to be escorted to the poll, but I have been escorted
before.

Cross-examined by ,Mr. Buchanan—l took part in the
election at Mayo in 1826. The military were employed
there then. Ido not remember whether at every con-
tested election in Mayo the military and strong bodies
of police have beau brought in. At Ballinrobe when the
voters walked up the lane, both ends of it were stopped
up by the military. I dil not bear Mr. Conway say
anything about going to mass. Idid not hear C m way say
that it was wrong for the people,whooughtto beat mass,
instead of being there. Mr. Conway got Gff the wail
very quickly. The reason was, because stones were
coining very fast. Mr. Dean Burke upon that drew a
and presented it towards the wall, saying, "If
any more stones coma I will give you this." Mr. Con-
v;ay then got off the wall, and I think he did vt ry
too. The stones then stopped. When Mr. Conway
spoke it was not in a playhouse whisper, but ho meant
it to be heard. If the country people came into the
town to see the fun at the election, I did not consider it
fun at al!. While I was at Rillinrobe I did not Fee
voters go to the booth without an escort. Every man
who was ha the lane plumped for Col. Higgins.
Re-examined by Mr. O'Malley—I think the priests
began to interpose in elections in 1826. The " curse of
the Church" meant the curse of the congregation, not of
the building. Stones were constantly thrown alter the
Irish words were used. My carriage was :truck with
stones. I cannot say I saw the horses' heads interfered
with. I cannot say whether I saw Mr. J. Burke nearly
pulled off his horse. When a pistol was presented at
Mr. Conway on the wall, ha took the hint, and the mob
that was with him. When I got away on Tuesday I had
an escort, and it would have been unsafe to go away
without.

By the Chairman —There is not such a resemblance
between the Irish words for church and flock that one
c .ul,l be mistaken for the other by any one who un ler-
stands Irish.

Mr. Joseph Burke, ex tmined by Mr. O'Malley—l am
son of Mr. Isadore Burke. Several of my father's ten-
ants were voters for Colonel Higgins. I assisted on the
4th of April in collecting his voters, and on Sunday I
accompanied them. Tae voters said they were afraid to
go without an escort, but when I told them they would
have a large military esuorr, and police, they said they
were willing to go. There Mr. 3 a holiday at Claremorris
on Thursday, 20th of March. Mr. Reynolds, the priest,
addressed the people, and asked them to meet him at
as he was a pledge
alii-ieiglgoinns,the Sunday when
chapel on Senday to consider about it. He advised
bthreeamkenro.t tIo
wvoatseattorsCaaosloncehl
Mr. O'Donohue addressed the people in reference to the
election—that a placard had been signed by four bishops
against Colonel Higgins—that he had never heard of
such a thing before,-and that he must be a very bad man,
or he would not deserve it. There was a disturbance on
the way from Claremorris to Balinrobe. When we got
to the lane it was black with heads of people waiting to
receive the voters. Die voters got up as far as Meuag-
han's Hotel before they were wolestoci. The mob at-
tempted to pull one of my men off his horse, when I rode
up and assi•ted him into his saddle. That man's name
was Micba'l Kane. At that time Conway was on
foot. The men then attacked me, but one of the dra-
goons dre a? his swerd and rescued me. I then called
out to the drivers of the cars on which the voters were
to come into the yard of Gildea's Hotel. I then raw
Peter Conway and seven or eight men on the wall. Con-
way then took off his hat and spoke to the people.
S:nnes were then thrown. I saw Conway put down
his hand to a stone, when I took out a pistol froin a
courier bag, and said that the first man who threw a
stone I would blow his brains out. His reverence
then retired from the wall, and I succeeded in
getting the men into the hotel. I then gave up the pis-
tols to a Mr. Ambit), a magistrate, stating that I had
done what I wanted, and did not want them any more.
The streets were full of an angry mob, most of the men
having sticks in their hands, and I could not go out into
the streets without an escort. I afterwards saw Con-
way in a booth, and saw him shake his fist in a voter's
face. I was in the booth at the time. I said it was not
fair. My voters voted at Claremorris, and the priests
were very active there. I heard a priest named Barrett
say to a man, "Take care what you do. I saw a priest
named Reynolds there, bet he held his tongue. I saw
another priest with Conway on the steps of the polling-
booth. I only asked one man to vote for me, and he
did not.

Cross-examined by Mr. Buchanan—Dean Burke was
the seconder of Colonel Higgins. I was told that Wal-
ter Burke, who had a deputation from the sheriff, had
coma in with voters, and that the police bad been pelted
with mud. I came with the voters three miles round,
and met Mr. Prendergast at his own plice. When we
met Mr. Prendergast, I do not remember saying,
"Hurrah for Higgins." I heard Reynolds cell upon the
people to meet him at chapel on the Sunday following
to speak to them about the election.- We went round by
Crossboyl6 from Clareroorris to Castlebar for the pur-
pose of avoiding the people at mass. I do not know if
my men shouted at all or not ; but of this I am sure,
that, if they did shout, it was for Colonel Higgins. I
am suns I saw Peter Conway move a stone in the wall.
It was not as big as a man's head. It might have been
as large as one of those books (pointing to some). I saw
him get a grip of it. The people could not look over the
wall without having something to stand on on the other
side. I did not hear Conway say that the people ought
to be at mass. He told the mob not to touch the mil►-
tary or the police. I did not draw my pistol until after
the stones were thrown. Conway might have said it was
a great shame that the voters were not at mass.
By Sir J. Heartier—l do not know of any person in
the county of Mayo being prevented from voting for
Culinel Higgins—not of my own knowledge. My pistols
were both capped and loaded.
By Mr. Buchanan—There was but one case of pistols
used. I heard Captain Brabazon make a speech on the
hustings; he spoke pretty hard of the Browns of West-
port. I heard him say something like the words, "The
old Orange ascendancy, whose yokes were iron and
whose badge was brass." I only know two deputy-
sheriffs of the county. I know Dr. Burke, of Westport,
but only slightly. Mr. Thomas Burke was on the com-
mittee. Dean Burke supported Col. Higgins, and se-
conded him. Mr. Pugh supported him, and those were
the only priests who voted for him. I 133VY three Totem

s ought to the booth by some pilieimen, wlio were
covered with mud.

- . Re-ex :mined by Mr. O'Malley—Father Conway spoke
to the people in Irish,- and most of the people he Fpoke
to understood Irish. Inside the hog,th everything WC3
quiet, but the difficulty WA3 to get there. . He aid not
know that the words of caution were addressed solely to
the people. _

gr. James Fri Moll examined by Mr. O'Malley—l liVe
at Team. lam a landed proprietor in Mayo, and own
a house in Galway. I am a Roman Catholic. lam a
voter for the county of Mayo, and went
-to Ballinrobe
for the purpose of voting for Col. Higgins. I went to
mass on Sunday. Mr. Conway was the priest there. Re-
fer: the mass was finished I heard Mr. Conway speak of
the coming electioh. I told a person when I came out
what I had heard, and I put it down in writing. I have
that memorandum now. I wrote a portion of it immedi-
ately after mass. After eulogising Messrs. Moore and
Palmer, be said that Higgins was a consummate scoun-
drel—he had deceived them on every paint, he had
broken all his pledges, had sold himself body and soul,
and yet had the presumption to come and ask them for
their votes. He said he hoped the curse of God might
rest on all who should vote for Higgins, and that they
would be legally justified in shouting and hooting after
them in the streets, to show their disapprobation of their
conduct; but on no account to hurt the mil .tarp er the
police. That was all said in a very emphatic manner,
and after that the town became in a very excited-state.
That language was used before the mass was concluded,
immediately after the communion.
Mr. W. F. O'Connor examined by Blr. Hale—l am
head-constable in charge of the police at Ballinrobe. I
recollect the last election at Mayo, and was in charge of
Mrs. Monaghan's Hotel. I have attended elections in
Mayo and Sligo, but I never saw the peop!e so excited
before. The people seemed to be watching their oppor-
tunity to make an outbreak. On one occasion I ordered
a body of the police under my command to fix their
bayonets to protect same voters near Monaghan'ti Hotel.
I saw Conway and other priests acting on the part of
Mr. Moore. I saw them bringing in voters for Mr.
Moore.

Cross examined by Mr. Karslake—l did not see Mr.
Burke come in on the Sunday with. Colonel Higgins'
voters. When Conway wai on the wall I heard him
speaking to the people, but I did not hear \what he paid.
He had not heard of a pistol being Presented to Mr.
Conway while he was on the wall.

Stephen Gorekelly was the next witness examined by
Mr. O'Malley. He said—l arra a printer of Ballinrobe.
The bill produced was printed at my office. I produce
the manuscript from which the bill was printed. It is in
Mr. Conway's handwriting. It was brought to me on
the morning of Wednesday. I was to print 1,000 of
them. I have not been paid for them, but 1- expect to
be paid by Mr. Conway.
Cross-examined by Mr. Karelake—The copy was
brought to me at 3 o'clock in the morning, and some were
distributed by 8 o'clock that morning. I also printed
500 or 600 placards for Mr. Griffiths.
Mr. John Burke, examined by Mr. E. James—l re-
side with my father. On Sunday, the sth of April, I
accompanied my father to Ballinrobe, as he intended to
vote for Col. Higgins on the Monday. My father is 76
years of age. We went in a car to Ballinrobe, ar.d there
met a large mob of people, about half-past five on the
Sunday evening. Many in the mob were half-drunk,
and very excited. Peter Conway was surrounded by
the mob. knew him as the Catholic priest of Bah
linrobe. The demeanour of the mob was calculated
to excite alarm. The mob called upon us to stop.
When the mob stopped us, as I saw Conway there T
thought we should have been safe, but as soon as he
saw us he said, "Oh, you are Col. Higgins' supporters ;
I wash my hands of you." He then. went ab )ut 100
yards away, when two men came out of the mob, seized
us, and dragged us for 100 yards in the direction of where
Conway was. I then learnt that my father had been
beaten on the head, back, and shoulders. He was crip-
pled for some days, and complained of the injuries he
had received from the mob. The object was to prevent
us from voting for Col. Higgins. My father said•if you
will let me go home I will not vote for Col.• Higgins.
He said, " Will you promise me, Mr. Burke, on your
honour as a gentleman, that if I will let you home that
you will not vote for Col. Higgins ? My father said he
would promise him upon his honour that he would not
vote for Col. Higgins," Upon that, Father Conway
turned to the mob and said, "Boys, we will let Mr.
Burke and his son go home,.as he has promised me
upon his honour that he will not vote for Col. Higgins
at this election."

The Speaker being announced at prayers, at five
minutes befcre 4 o'clock, the committee adjourned.

WAREHAM ELECTION.

The select committee nominated to inquire into the
allegations in two petitions against the return .of Mr.
Caleraft, for the borough of Wareham, met yesterday
for the first time.

The committee con3isted of Mr. M. Gaekell (chair-
man), Sir W. Dunbar, Mr. G. C. Glyn, Mr. Mowbray,
and the Hon. F. Lygon.
Council for the petitioners—Mr. M. Smith, Q.C., Mr.
Rod well, and Mr. J. Clark. For the sitting member—
Mr. James, Q C,, Mr. Phinn, Q C., and Mr. Weisby.
Mr. M. Smith, Q.C, opened the case for the peti-
tioners. They prayed that the name of Mr. Calfraft be
erased from the reture, and that of Mr. Drax substituted
instead. The learned counsel detailed the particular
charges of the petition.
The inquiry, for the chief part of the day, had reference
s to questions of scrutiny. At 4 o'clock the com-
mittee adjourned until this day.

LAW DITELLIGENCE.—Linne 26.

HOUSE OF LORDS.

APPEALS.

(Before the Lord Chancellor, Lord Brougham, Lord
St. Leonards, Lord Wensleydale, Ste.)
RIDGWAY V. WHARTON.

This was an appeal from a decree of the Lard
Chancellor, reversing a decree of Vice-Chancellor
Stuart, in a causein which the appellant was plain-
tiff and the defendant respondent. The suit was
.brought to compel specific performance of an agree-
ment entered into by the respondent, the Rev. H.
J. Wharton, to lease to the appellant, M. W. Ridg-
way, the premises and buildings called the Grey-
hound Inn, at Sydenham. The facts and arguments
have bean fully reported, and it will now be suffi-
cient to state that the questions involved were whe-
ther an agent of the respondent had sufficient au-
thority to make an agreement for a lease on his
behalf, and whether certain documents alleged to
be a memorandum of agreement signed by
the respondent or his agent, were within the mean-
ing of the Statute of Frauds. The Vice-Chancellor
made a decree for specific performance of the agree-
ment, but the Lord Chancellor held on appeal that
on neither of the points above stated was the appel-
lant entitled to a decree. The matter came by way
of appeal before this house last session, the Lord
Chancellor and Lord Brougham being the law lords
who heard it ; and at the request of the Lord Chan-
cellor it was re-argued a few days since by one
counsel aside, before the noble and learned lords
above-mentioned.

The Lord Chancellor, Lord Brougham, and Lord
Wensleydale were of opinion that the decree rever-
sing Oat of the Vice-Chancellor and holding that
the alleged agreement entered into by the respon-
dent was not sufficiently authorised by him, and
was not such an agreement as satisfied the Statute
of Frauds, was correct, and that the appeal should
be dismissed.

Lord St. Leonards was of a contrary opinion on
both points.
The appeal was accordingly dismissed, but with-
out costs.

COURT OF QUEEN'S BENCH.

(Sittings in Banco after Term—Before Chief Jus-
tices Coleridge, Wigbtman. and Crompton.)
ROUX V. CARDINAL WISEMAN. '

In this part-heard case, a rule had been obtained
for a new trial, on the ground of the verdict be;na
against the evidence, and excessive damages. The
action was brought by the Abbe Roux, a French-
man, to recover damages for the loss of a document
which he had entrusted to Cardinal Wiseman ; and
at the trial, which took place before Mr. Justice
Crolider at Gloucester, a verdict passed for the
plaintiff—damages 5001. The particulars of the
case are already familiar to the public.
Mr. Serjeant Pigott was heard at considerable
length during the sittings against the rule.
Mr. Huddleston now followed on the same side.
It was quite clear that if the document had been
left in the cardinal's hands on the understanding
that it was not to be given up until the money was
paid, and he had let it • go out of his possession
without getting the money, he was responsible to
the plaintiff, and ought to be called upon to make
good the loss which the plaintiff had thereby sus-
tained. The real question, therefore, was whether
the verdict was manifestly against the evidence.
No one could have any doubt that the cardinal
was desirous to give the fairest anoxia he could of
the transaction, but still he betrayed a good deal of
hesitation in the course of his examination, and the
jury evidently considered his evidence defective. The
document seemed to have reached the hands of Mr.
Wyse, but how it got _there the cardinal gave no in-
formation whatever. He was not able to say that he
bad given it to him; but he made a suggestion that
it might have been handed over to that gentleman
by the plaintiff himself, butthat statement was cpn-
tradicted by the cardinal's own written documents.
The Abbe Roux distinctly swore that he never
had an interview with Mr. Wyse except on one oc-
casion, and then the feelings of the latter were hos-
tile to his wife, Madame Bonaparte Wyse, and an
express stipulation was made between them that no
reference should be made to that unfortunate lady,
who had signed the document in question, which
their lordships would recollect was an acknowledg-
ment that she was indebted to the plaintiff in a
considerable sum of money. The learned counsel
adverted to the main portions of the evidence ad-
duced on both sides, and contended that under the
circumstances the court ought not to disturb the
verdict, with which he said he believed the learned
judge who tried the case was not dissatisfied.
Mr. Justice Coleriage said Mr, Justice'CroTder

expr,?ssed nodisfiataaction with the -verdict, but
.d ss ,tisfact ion with the damages.
The learned couns3l suimitted that the damages
were n'yt exer:sai7e, when the probability was that
if Ihe plaintiff had r. 05; po3iessiin of the-docume-nt.
claiin• against Madame Wyse would be paid by
the Empf ror of the French, whoa was well known
was paying the debts of the Bonaparte family. -
The Solicitor-General was then heard in support
of the rule, and was addressing the court when
Their lordships interposed, and made the rule for
a new'trial abs ilnte.
Rule absolute accordingly.

COURT OF COMMON PLEAS.—JUNE 26.
(Sittings in Baum—Before Mr. Justices CL esswell,
Williams, Crowder, and Willes.)
ETIQUETTE OF THE BAIL

It was mentioned in the papers ten or twelve
days ago that Mr. Lush, of the Home Circuit, was
about to b 3 created a Queen's Counsel, but it was
not until Tuesday last that learned gentleman ap-
pe,red in a silk gown which is characteristic of that
rank. This morning he came into this court to
argue a case, and too Irs seat within the bar, the
place appropriated exclusively to Queen's Counsel
and Serjeants, although he had not been formally
called within the b tr.

Mr Justice Cr:sswell (addressing Mr. M. Cham-
b2rs, the cOurpel on the other side) said he did not
know that he could recognise the countenance of
the gentleman beside him (Mr. Lush). '
Mr. Lush said he had mentioned his difficulty
yesterday to the Lord Chief Justice, who said he
might take his seat provisionally within the bar.
Mr. Justice Cresswell inquired whether his lord-
ship was then sitting in harm ?
Mr. Lush—lie was.

Mr. Justice Cresswell—Then, under the circum-
stances, I will follow the example of the Chief
Justice.
Mr. Justice Willes, however, remarked that he
_ _

had not yet had the opportunity of inspecting the
learned gentleman's patent.
Mr. Lush promised that his lordship should see
it in the course of the day.

SUTTON V. SADLER.-COMPETENCY TO MAKE A

WILL.

A person named Sutton had bequeathed property
to the defendant, but the plaintiff brought this
action to upset the will, alleging that the testator
was not of a competent state of mind to make a
will. The case was tried before Mr. Baron Bram-
well, and the jury on that occasion found a verdict
for the defendant. Subsequently, however, a rule
nisi for a new trial was granted, and the matter
now came on for argument.
The rule had been granted upon three grounds
—first, that the verdict was against the weight of
evidence ; but his lordship reported that he was
not dissatisfied with the verdict, and therefore the
objection failed. Next it was said that the jury
had been tampered with, but affidavits- had been
made on the other side which it was admitted fairly
answered that objection. Thirdly, what was said
to be a very important question was raised, viz,
what was the proper direction to give to a jury in a
case of this kind. His lordship had told them, it
was said, that the burden of proving the incompe-
tency of the testator was upon the plaintiff, and
that if the matter were left in doubt, if it were a
" measuring.cost," the defendant ought to have
the verdict.

Mr. Evans, Mr. Welsby, and Mr. Colton ap-
peared to show cause; and Mr. Groves, Mr. Beavan,,
and Mr. M•lntyre to support the rule.
Mr. Justice Orec=swell said the Court did not feel
much doubt as to the decision which they ought to
pronounce, but as a very important principle was
involved, they would take time to consider their
judgment. •