The Sun.
London, England, 1820-01-13 00:00:00

CULLEN V MORUIS.

This was sn action . brought by the plaintiff,
Who resident 116aseholder of Knightsbridge,
Parish of Sr. 'George, HS:lover-square, to reeit-
ver reparation dottnages from the defendint, as
High 134i1ilfi of Westivinstet', tor, violation of the
pla'iniiir's rights and"privileges as art elector of
sWesitiiiiister, for rejecting iris vote at the last
'Elec,ion fur a ?Member' ot. Parliatoritt,lor Wes,t.
minster, in the sown of tike late lame-wed Sir Sts-.
Itomilly.
Mr.' Evstrs opened the pleatlin.gs, and Mr.
131..scKstratte very eloquently stated the case. for
4,0,a plaiu,t.iti, the i,,Jbst,ence of tvitich,„ as stated in
evidence's wits to the effect following
'Alter tlie'pricept issued to the High' Bailiff on
the 6th ofFebrusty, 1819, to return a N.l::mhtt in
t the
worthy Representative deceased, pre-
parations were made for the election. The can-
didates'proposed were the Right Ilon. G taint),

Mr C. liniihouie, and -.Major Cartwright. The
election commenced on the 23d Feb., and the
prioeipal contest lay between the two former
Genilemtm. lite plaintiff was a tesident of
Enightsblidge, many years a respectable house-
'holder rhere,• in. a reputable line of business, in a
house_rated at 401. a year, with a stock in trade
worth from 18001. to 20001. He bad always re-
gularly Pile! his.taxes; 'but an 'arrear fOr three
quarters, amounting to 41. 13s. 4d. was due by him
about the cemmencement of the election ; but this
only becanie the collectin had called twice or
thriCe when he haiipened to be froM home, and
not trod any neglect or incompetence.orribe,
titi's part. On the 24th Frbruanr,, he came to
his parish division, at the front of the hu.stings,
'With intent to vote. fiir Mr; Hobbouse ; but as
soon as his name andsesidence were entered bn
the poll-book, and beftwe he named Mr. 1-10-
house as the object of his vote, the collector of
parish taxes objected to his vote,'as he had not paid
'up his -arrears ert taxes. He rook wit some notes
to pay any clatens• against hjnn, but his offer was
refused ; and it was, poposed he should go round
to the High s office tin the.bustings to
settle the paint.' This be declined at the time,
went away, paid:up his arrear of taxes u.sxt day,
and came the day following to tender his vote,
rind ;thew his receipt. But his v,,te was again
'rejected, anti he Was sent round with the collecior
to refer the point:to the High Bailiff. The .eOl-
- admitted that he had paid up his taxes ;
but the High Bailiff rejected his vote, as he Iliad
nisi, paid. up Wore the commencement' of the
election..

Mr. Evuts, the Counsel for Mr. Hobhouse,
argu'a. the point, and itssured the High Bailiff,
that if "he refused the vote, an acti,;n for da-
mages would be.brought against him. Mr. Evans,
at the same time, reminded him of the Shatteshui y
rase and several Others deeidgd npoo the point;
that an arrear'ef-: taxes by a solvent homeholder
was- nn ground of—disfranchisement-to invalidate
his right ()living. But the High Bail,ff took
the advice of his .oirti Deptit ri,ho is a Solici-
tor, and Mr. Limb's Cimusel, and finally rejected
the vote; and upon this ground 'ttie prisentac-
tiou veas•hrooght.: .

lir.SckaLETT addressed thel urY at considerahlo
length in justification of the. conduct of his ch;:nr,
the 11igh Bailitt whom he thought borne out hy
'the 26th bf the'King, for regulating oecasion3l
voters at elect.i'ons,•and-required that no such per-
son should be entitled to vote who was not for
six months previously to such election a resi-
t';ent householder of such town corporare,: and
paying "regular taxes. Whereas. it appeared
the present plaintiff bad paid no taxes fur
nine months previous tp the Election, and therC-
fore had ,no. tight to vote. ,He also contended,
that be was acting in a judicial as well as in a
Ministerial capacity on the occasion, and that if
ria malice, partiality, or prejudice appeared in his
proceeding, and not a tittle of such was proved ;
and if he acted bona fide to the best of his judg-
ment, and with no improper intention or motive,
no•action could lie against him, any more than►
against any Judge of the laud-for any decision,
given to the best of his judgment, and with no
partial or sinister view.

The LUARNED JUDGE, on summing up for the
Jury, told them it %vas his clear opinion, however
.a Committee of the House of Commoni might
deade, that the plaintiff bad hewn a clear legal
ri4,Y,,tit to vote at the election in question ; putt
then the Jury would, on the other baud consider
whether the defendant had acted from any partial
or improper motive, or had, bona fide to the best
of his judgment, and for intention. 11 he
had the former, in their opinion they would
find for the plaintiff, with such damages as they
should think reasonable ; but. if the latter, then
the defendant would be entitled to their verdict.

"the Jury retired, and,. after remaining ota two
hours, could. not agree upon-a vesdiet ; they sent,
however,. a ‘vti;ten statement to the .Learned
Judge, who convnunicated the same to the Conn-
ie] on both sides ; and, after alone consultaiiou,
the
,Jury
_were sew for, and came to their box,
when the Learned Judge: 10k1 them, that as they
could :not agree. upon a verdict, _the Learned
C.ouu.sei.o.u.buth. sides (.f agreed that they should
not -he calieL'on to deliver,. any. A Juror was
accordingly withdrawn, and the Jury dismissed.

i . . .
.Y.tsterd4y ti,Coort 01 Director 3 V.'BS l'elti itt tl,e
NAStAndia.ilollSC, Whell Caphiill . Tjlomas SAN:-
9,E US it!t, stvurn into the command of the t h p
-'Jr well,'contisciett to Chintt-direci.

LONDON JOURNALS.

FROM THE MORNING PAPERS OF THIS BAT.

[Morni►►g Chronicle 3
We have undoubted authority tor stating, that
there is no foundation for the paragraph inserted
in our Pdper of last week, in which we announced
the recal of Sir Thomas Maitland.

[Morning Post.]
A change is shortly to take place in the Chief
Direction of the Quarter-Master-General's De-
partment, at the Horse Guards, Sir Benjamin
D'Utboi, ►rho► at present fills the distinguished
post of Quarter-Maater-Gencral having been ap-
pointed to rite Government of two of the West
India Islands. We are not etiahlrd to speak with
certainty at to the person likely to succeed to the
vacant sitteion, hut we understand, an arrange-
ment to be in contemplation for bestowing it on
Colonel Jackson, of the Guards, while his Grace
the Duke of Richmond, who is et present on half-
pay, is intended to succeed that Officer in his
Regiment.