The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1839-04-30 00:00:00

FRIDAY.

The parties were equal on the poll, on the committee, this
day, assembling.
It was now proposed by counsel for Mr. Kearsley to strike
off the vote of Thomas Lyon, recorded on the poll in favour
of Mr. Ewart, on the ground that the voter was in a state of
intoxication at the time.

After hearing two witnesses, one being named Mr. Wil-
kins, with a view of establishing that fact,
Mr. Gaskill was called.

Mr. Cockburn objected to this gentleman's evidence being
taken, on the ground that he was one of the sureties of the
petitioner, and consequently was interested in the result.
A lengthy argument succeeded upon the point, between
Mr. Cockburn and Mr. Bere, at the conclusion of which the
committee decided that Mr. Gaskill could not be examined
as a witness.

A person, named Taylor, who acted as poll-clerk for Mr.
Kearsley, was then called. He stated that on the voter pre-
senting himself, Mr. Gaskill said " That man is not in a fit
state to poll," and he directed that the returning officer
should be informed of the circumstance. This was spoken
in so loud a voice that it must have been heard by the per-
sons around. Lyon was drunk when he came up, and was
supported on the right and left.
Cross-examined—l have been as drunk myself many times
(laughter) as Lyon was when he came up to poll. There
was a great crowd assembled at the time, and several persons
were brought up supported by their friends. It was towards
the close of the day. I did not see many other voters come
up to poll when they were drunk. I saw persons who had
had liquor came up to vote. When the voter came up to
poll I was close by the poll-clerk. I heard Mr. Gaskill say
to the poll-clerk, "Do not enter that vote." I did not hear
the poll-clerk say, " The vote is entered." I will not swear
that he did not say so ; but I did not hear it. I did not hear
what Mr. Seager, the assessor, said. 1 had not entered the
vote in my book. I heard the poll-clerk ask the voter for
whom he voted. Mr. Seager and Mr. Gaskill were standing
behind.

Re-examined--We make our entries without copying from
the poll-clerk. Before I had made my entry I heard Mr.
Gaskill say what I have already stated.
By the Committee—The poll-clerk's name is Byers. I
believe his political opinions are favourable to Mr. Ewart.

Mr. Cockburn—We understand that he was drinking with
Mr. Kearsley's friends : but what is the opinion of the wit-
ness ?

The witness said, that towards the close of the day Byers
said " We shall beat you now"—(a laugh.)
Mr. Bere—That is an indication certainly which side his
political feelings ran.
In defence of the vote,
Mr. Ralph Greenhough was called—l am one of the ma-
gistrates for Wigan. The voter, Thomas Lyon, occupies a
house under me. I canvassed him four or five days before
the election for Mr. Ewart, and he promised me his vote. I
never knew him to vote otherwise as regards political feel-
ings. The first time I canvassed him for his vote, he said,
" I would rather not vote at all, but if I do vote, I will not
vote for the tones." On the morning of the election I called
on him and took him to the rendezvous. He was then sober.
I saw him an hour afterwards. He was not particularly
sober—(laughter.)
Cross-examined.—There was a breakfast at the rendezvous,
_ _

" the Black Horse," to Mr. Ewart's friends. More than
20 breakfasted there. I saw the voter again at 10. He had
more liquor. (Laughter.) He could stand then, but he was
sitting at the time. I saw no more of him that day. I never
knew that he had voted on any previous occasion in the op-
posite interest.

Mr. Rees Bevan said he acted as deputy mayor at the last
election, and saw Lyon at the booth. He appeared to have
had liquor, but he was in such a state as to know what he
was about. He answered the poll-clerk, and he appeared to
understand it. Witness heard the poll-clerk say, " For
whom do you vote ?" Lyon hesitated a little, and said
Jat J-4ertiiiiltQLsiatait_44ldjy.____Witness was pre-
vote was recorded. Mr. Gaskill said to Mr. Seager, that a
man had come up who was liquor ; upon which Mr. Seager
said that the man should have been stopped, and should have
come up again.
Cross-examined—l believe that Lyon was supported on each
side. I presided for the first time at the general election. I
did not see Lyon come up to the polling booth. I did not
hear Mr. Wilkins address Mr. Seager respecting the vote,
but I will not swear that he did not. I heard Mr. Gaskill
call out and say that the voter was not in a fit state to poll.
I did not hear Mr. Seager say " Let the man be taken back,
he evidently does not know what he is about, and let him
come up again." I heard Mr. Seager say to Mr. Gaskill,
"If you intend to appeal you may take a note of it." I did
go about canvassing for Mr. Ewart. I knew Lyon before he
came up to vote. I had never engaged to pay him a former
bill. I have seen Mr. Part (an agent) since this vote was
under investigation, he told me that Mr. Wilkins had said
that the questions were not in the polling books. I did not
see Mr. Part talking to Mr. Greenhough.
Re-examined—Mr. Part said nothing to me about the evi-
dence which I was to give. I saw many other voters sup-
ported in a similar manner throughout the day.
By the Committee—The poll clerks were appointed by the
town-clerk. The objection was made to me against the man
voting. My opinion was that the man was in liquor, but he
knew what he was about. The assessor was the person to
whom I had to look. _ _ _

Mr. Acton examined—l was acting as an agent for Mr.
Ewart at the election, and saw Lyon come up to vote. The
witnesses corroborated the testimony of previous witnesses
called to substantiate the vote.
In his cross-examination the witness stated that he was
a short distance only from the voter ; that he could not
hear all that was said ; that the voter was undoubtedly very
drunk ; that the supporters wore blue ribands ; that there
was some cheering on the man coming up ; and that the was
a good deal of confusion at the time.
No decision was come to with regard to this vote when the
committee adjourned.