The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1841-08-31 00:00:00

THE QUERN versus QUAYLE

Mich misapprehension .appears to exist as to 1 le faies

ise, and as it .seems ttae radicals are desirous of throw

dopt, we

obtained front the professional ge ntleinai

employed b

ft Shand, a succinct narrative of the fat ts from

the day of the election to the period when judgment or ous-
ter' was pronounced by the Court of Queen's Bench- We

xee with a contemporary, that the public ought to be made

acquainted with the circumstances a this affair, but if' was

publish them before the trial. The enbjoi.neddetail of fa de,
which would have been clearly prover! at the trial, N6ll

;o judge

ceedings were vindictive and harsh, and whether Mr. Quayle
ustified in defending them so long, when he

was or was not

must have been aware during almost the whole period, that
there was not the slightest ground for do: so. His defence
rested entirely on technicalities and on the ..dance of difficul-
tit-!s in proof of qualifications, to be on the roll already

raised and consi

We happen to know that Mr. Shand's legal adviser has
bad many and almost insuperable difficulties to contend

in the performance of his ardnaus and protracted

of Conservatives in general, for having •so efficiently and
successfully disharged the services required of him, more
especially as the result will have a most important 104.

n November next. We now proceed to make public the

followin

SHORT SUMMARY OF FACTS

Ist November, 1839.—Eleetion of a Councillor for Ever-
ton and Kirkdale Ward; Francis Shand and George Quayle,
Esqrs., candidates.
State of the Poll at Four o'clock.
Quayle 304

Majority for Quayle

2d and ,Ith November.—lnquiry before Aldermen and
Assessors at the Town-hall. Two voting papers, signed
John Davies," examined. Two persons of this name ap-
lensed ; -the one admitted, that not being on the roll he had

voted for .31r. Quayle under the name of John Davies; the
other stated that he had tendered his voting paper afterwards
for Mr. Shand. Poll was accordingly altered.
Quayle , 30-i I Shand
Deduct Joins Davies .. 1 Add John Davies

John Ashton, whose name was on Mr. Shand's poll, ap•
neared, and stated that he had been personated, and had not
voted.

The poll was altered again.
Shand 304
Deduct J. Ashton., 1

303 Quayle.

Evan Jones, a burgess, appeared and stated, that he had
tendered his voting paper for Shand, and that the vote had
been recorded '•. alleged contra, that the third question pre-
scribed by the 34th section of the municipal act, viz., " Have
you already voted at the present election ?" had been put to
him at the time of voting, and that be had answered yes!
The vote had been recorded in the poll book thus :—Shand
339, Evan Jones 1, and had been afterwards struck out with
a pen. . .

The evidence as to the time when the question was put, and
by whom, was conflicting. Evan Jones had not in fact voted
before at this election ' • he admitted that the question,
" have you voted before?" had been put to him, and that he
had answered " yes," supposing that it referred to former
elections.—Vote disallowed.
•The following is the '34th section :
And be it enacted, that no inquiry shall be permitted at
any election, as to the right of any person to vote as a bur-

ge;s in any borough, except only as follows—(that is to say,)
that the Mayor or other presiding officer shall, if required by
any two burgesses entitled to vote in the same borough, put

to any voter at the time of his delivering in his votin
and not afterwards the following questions, &c
(The first and second have reference to id
and qualification.)
3rd.—Have you already voted at the present election?
Some of the cases of errors, misdescriptions, &c., in voting
papers, of persons who had voted for Mr. Shand, mentioned
below, in stating the proceedings in the Queen's Bench,
were then adduced on behalf of Mr. Quayle, but were not al-
lowed.

!entity of person

Alderman Hornby, and Mr. Nicholson, assessor, under a
power in the municipal act, (Mr. Roskell, the other assessor,
not concurring,) then named Mr. Quayle /0 be councillor, as
there appeared an equality of votes.
_ . .

Mr. Quayle was declared councillor accordingly by the

Mayor

PROCEEDINGS IN THE COURT OF QUEENS' BENCH, JANU-

ARYL 1840.-QUO WARRANT° APPLIED FOR.

Substance of Affidavits in SubstanCe of Affidavits in
support of the application.* reply.
1. In support of Evan That the qtrstionshad been
_

he had tendered his voting burgess also concurring) at
paper, which had been re- the time of voting, with the
ceived, and that the question " consent and approval " of

- -
had not been put to him till the alderman, atiii impugning
afterwards, and then not by Mr. Sliand's right to be on
the alderman, but by a Mr. the roll.
Wilson Ledger.

2. Avainit Daniel Fox's
vote for Quayle by two de-
ponents—that they saw this
person in Moy, in Tyrone,
on Ist November.

None in reply

3. Against John Furness'
vote for Quayle, by himself-7
that ht Wan is
on Ist November.

None in reply

4. Against John Agitt's
vote for Quayle that this
person ought not to have been
on roll.

None in reply

CLAIM TO HAVE POLL ALTERED THUS:--
Shand 303 Quayle
Add Jones 1 DeduCt F0x..... 1
Furness . 1
Agitt.... 1

FILED BY MR. QUAYLE IN
COUNTER CASE.
Substance of Affidavits m
reply. but which the forms
of court would not allow
to be read. [This evidence
would have been given at
the trial.]
1. John Dino❑—that he By John Dixon sheaving
ought not to have been on his right to be on the roll.
the roll, not having been on
certain parliamentary lists of
voters during the period of

AFFIDAVITS

qualification:
2 William Maynard,—that No affidavit in reply, it
he had removed previous to being a question of law whe-
voting. ther, being on the roll, he had

,
not a right to vote. The act
does not make removal a dis-
qualification. •
3 John Formby, By the parties that they
4 C. S. Middleton, were on the roll for Nor-
-5 R. P,Buddicorn thumbed:lnd-terrace, and (by

6 T. B. Horsfail,—that themselves and others) that
these persons, described in Lodge-lane had been only re-
voting papers as of Lodge- cently called by the former
lane, were not on roll. name, and that Northumber-
land-terrace and Lodge-lane
were identical.
By voter that he was the
person on the roll, and had
voted for Shand, and not ob-
jected to at the time.

7 William Jones Peachey,
—that there was no residence
after his name in voting paper.

8 James Carpenter Halsall, - By the voter that his name
—that there was no such per- was Hassall, and that he had
son on roll. voted for Shand, and that

" Halsall " on the roll was a
mistake.

9 Win. Foulds, Great Mer- That Foulds on the revised
sey-street,---that there was list was put down for Lower
no such person on roll. Castle-street, and that Great
Mersey-street had been tran-
scribed by mistake from a
preceding line in writing out
the roll.

10 Thomas Caesar, Col- That he was on the roll for
lingwood-street, Everton, not Collingwood-street, Liver-
on roll. pool, that part of Liverpool
being in Everton Ward.
. .

11 That Francis Shand, the Avery full affidavit by his
candidate, ought not to have brother, Alexander Shand,
been on the roll. shewing, that Francis Shand
had possessed all the qualifi-
cations for seveal years.
IN QUEEN'S BENCH.

November, 1810.—Case argued. Attorney-General (for
Mr. Quayle) admitted that Fox and Furness had been per-
sonated, and that he must abandon these votes. Claimed to
go into counter case. Court refused, as they could not hear
the other side. Would not decide there whether the Roll
Could be opened. Made the rule for quo warranto absolute.
January, 1841.—Information filed and the pleadings duly
carried on till the question of Mr. Quayle's election was
ready for trial.

Ist July, 18-11.—Application to a Judge to have cause
tried at Liverpool. Opposed by Mr. Quayle. Order granted.
15th July.—Offer to resign by Mr. Quayle, each party- to
pay their own expenses. 20th.—Refused. 27th.—Resigna-
tion. 11th August (Ist day of Assizes.)—Mr. Quayle con-
sented to judgment.
* Certain of the affidavits relating to points not now in
dispute—such as the fact of Mr. Quayle acting as councillor.
proceedings at the Town Hall, &c., are not stated, as they are
now immaterial.

MR. QUAYLE'S TESTIMONIAL

TO THE EDITOR OF THE LIVERPOOL STANDARD,

Satire 's my weapon— * *
I only wear it in a land of Hectors,
Rogues, sharpers, and directors.
Sin.,—After reading the " Council Proceedings" on Wed-
nesday last respecting Mr. Quayle's resignation, &c., &c.,
I was not much surprised in noticing the second somewhat
POMPOUS letter in Friday's Mercury, addressed to " John
Holmes, Esq.," concerning the very important " testimo-
nial" about to be " got up" doubtless by some disinterested
friends, to salve the " feelings" of the late member for Ever-
ton, who, according to his friend Mr. Holmes, " was not to
blame," and also the liberal " alderman," who gave the
" casting vote," admitted that he acted by the " advice'' of
the worthy " town-clerk." It is true, however, that the
" case" is decided, and whoever was the " late member's"
adviser, the "quarrel" is a " pretty one" for the " reform-
ers" to digest, as well as the "disgusted conservative" to
crow about ; but the " cat may mew, yet the dog will have
his day." ..Nevertheless, after the present opportunity, I
"
shall not attempt to gratify the "mercurial writer's vanity
in further puffing this somewhat " untoward affair," being
satisfied that the respectable persons who constitute the
" committee—arid particularly the cunning " gentlemen,"
who induced Mr. Quayle to become a " candidate," and
advised the defence to the " action," if not the " resigna-
tion" of the seat his friend had undoubtedly -usurped too long
—should HONESTLY "pay the piper" themselves, and not
allow the " spirited" and " independent" gent.'s " cause"
to
go
a.
BEGGING however, notwithstanding the paltry
vituperation of the amiable yet sensitive conservative.. I
beg to call his attention to Mr. Carson's manly and straight-
forward expose-e of " facts,.'!its stated in Friday's Standard,
respecting this truly " odious" MANX " affair,"—to say
nothing of " resignation"—.. undefended case"—iutended
"expenses"—ignorant " plot," &c. &c.
In conclusion, I opine the affair is altogether NoT so
" disgraceful" to the " conservative party ;" and although
" gentle dulness ever loves a joke," methinks it is by far
more, nay, much more, " disgraceful" to the Whig-radical
individual who directed and sanctioned such " malicious

PROCEEDINGS”—to the grea,.„.
ble MORTIFICATION. if not pain, to tt,
disappointed, Mr. Geo. Quayle,
"reformer" who "joined" in the truly
finally in hopes that the " whig" or " radical
" councillors" will, for the future, take a 1
• %end " Harvey's" note-book, now that 0-

s well

....c -• reforme
a re becoming " small by degrees, and beautifully less,
b .1g to subscribe myself, Sir, a lover affair play, as well
ENEMY TO CANT AND HUMBUG
Shaw-street, Saturday Evening,
28th August, 1841.
;P.S.—I had nearly forgotten to state, that the Quail,
" Committee" ought to be grateful to me, notwithstandi
toy "impertinent" letter—it having Produced an narlit;,,,

"teal guineas" from the FLIMSY gja., alias the "Disgt
Cons.7Tvative," who, indeed, may be one of those soi
canser.vatives who generally admire and vote for rot
"coriseuvatives." By the bye, the said gent.'s £5, pr&ay
" Ia At few days," might also have been noticed elsewl
However, as many more of the same sort of "folk" m
be iiaoliaerl to " PITY the " fallen foe," 1 recommend (ha
a " relative" of my own, not on the " special jury s
maned," ibut in the " Kirkdale Ward." who has been
plied to (er his mite) that a list of the names and
" subscrip.6.9n" already received towards defraying
" EXPENSEg" or " testimonie" to Mr. Quayle be rubl
acknowledged, in order to prevent any unfair or uVriei
suspicions.

TO THE HON. AND REV. BAPTIST NOEI

be from t

Liverpool,

26th A

Lie convincir

ilrgurnen
that it has not yet received a reply, for never did I perm
thirty-five pages containing less convincing matter or moi
loose argument, if viewed in a proper light, and if tt
statements therein contained are reduced to fat
not for a moment impute a

from yc

in any way to deceive; for, however I may dittt.,
in the views you have adopted, 1.091 still convinced that t

the parties for whom they are written ; but that you have.
been too ready to rely upon the statements of others, with-
out searching into their correctness, and then founding your
arguments upon them, I shall be able readily to prove. The
distress, both in the agricultural as well as the manufacturinf
districts, cannot be denied ; but there may be a wide differ
ence in the opinion of parties as to the cause of it, and al'
the remedy. I cannot admit of your proofs of distrev
that in many rases they are of repent origin.
instance, When, sir, do you ever remember tnt
classes in the poor and Popish districts of Ireland aught b
a miserable and povert) -stricken population ; Tea
never have known such classes in a better -'

Ireland, fo

the same time you have seen the working populaiion of Pro-
testant Ireland in a better condition, surely it is but fair to
infer, that Popery has been the blight of the land, and not
fair to attribute the whole of the evil to the corn•law
you are inclined to do
In page 5

ou say, " Every year these evils appear likely
to augment. Nearly all the lands of England which would
repay cultivation are already cultivated." Now, what says
Mr. M'Culloch on this subject? Giviving the total number
of acres in the United Kingdom as 77,394,433, he states that
there Pare 46,922,970 cultivated acres, 14,600.000 uncultivated
wastes capable of improvement, and 15,871,463 acres of
barren and unprofitable land. Therefore we see thut there

are yet 14,600,000 acres of waste land, and which °nil
require capital, labour, and encouragement to bring them
into profitable and useful cultivation, Nearly a fifth portioi
of the land of the United Kingdom, capable of improvement
is still in an uncultivated state, and yet it is said the land i
over-populated, emigration is necessary
must be abolished, in order that
other countries

You also speak, at page 5, of " this hungry multitude,
already goaded by want into rick burning and trades' unions
—into chartism, and every other expression of impatience
at unendurable calamity." Now, sir, I must ask, did.
Cobbett or Hunt ever give vent to expressions more danger-
ous than these which have escaped—the lips, I was going to
say, but no, 'tis worse, have been deliberately penned by
a minister of the Gospel, and one whose character and
standing, and, I will say, whose Christian amiability will give
them additional weight? are these crimes to be extenuated
under any circumstances ? If so, let us at once preach to
the starving man, that he had better steal bread—to the
ragged man, that he should take his neighbour's coat. And
who is to judge, sir, when calamity has arisen to this unen-
durable pitch, that the population may be excused for rick-
g paper, burning, chartism, &c. &c. ? and by whom have these mis-

guideddmultitudes been goaded on ? I will fearlessly say,
that it has been by expressions similar to those now used by
yourself, but hitherto made use of only by political dema-
gogues at radical meetings. In my next I will show further
glaring errors in your statements, and the utter fallacy of
your arguments; in the mean while, I beg to remain, reverend
sir, your very obedient servant, J. C.

THEATRE ROYAL.-It will be seen, by the Theatre an-
wreneement, that Mademoiselle Cerrito dances to- .P• for
the last time. Last evening was fur her benefit. The public
have been greatly disappointed in not having the pleasure of
seeing Mademoiselle Cerrito and Signor Guerra dance to-
gether for the last few nights. We understand that this has

rom son

ntween

Mademoiselle positively re-fusing to dance with the 'Signor.
As several stories are afloat, none of which the public have
the least interest in, we shall not detail them, but merely re-
mark, that these persons, overpaid and overpuffed, ought to
let their animosity close at the wings of the stage, and do

their utmost to amuse those who are supporting them i)o li-
berally. To allow these suqabbles to interfere with their duty
is a gross insult to the audience, and a detriment to the inter-

heir own reput,

reference to the rights or wrongs of either party, we must
candidly admit that Signor Guerra's dancing has been the
cause of Mademoiselle Cerrito's brilliant success in this
town. We understand that an accident happened at the
Theatre Royal, Manchester, which, fortunately, has been
unattended with any serious effects. In the midst of a
dance on Saturday night, a portion of the stage gave way,
and Signor Guerra was precipitated to the ground.—
Great confusion and alarm took place in the house, which,
however, subsided on the audience learning that no mishap,
except a few bruises, had occurred. We perceive that that
most charming actress dna ...Wile lady, Miss Ellen Tree,
will appear on Monday, supported by Mi. ..demon. They
appear in Mr. Sheridan Knowles's fine play of " Love."
Last week the Bishop of St. David's administered the rite
of confirmation in the Welsh language, to about 350 young

persons at Carmarthen.
Von Raumer, the celebrated German author, has lately
written a pamphlet on the English Corn Laws, which has
been translated and published in this country. The original
has been largely quoted by the metropolitan press.
On Sunday last, a new organ was opened in St. Bartholo-
mew's Church, Naylor-street, on which occasion two very
excellent and interesting sermons were preached, the one in
the morning, by the Rev. Augustus Campbell, M.A., rector,
and that in the evening, by the Rev. Dr. Tattershall, after
each of which collections were made, amounting together to
£2l.—in aid of the cost of the organ. Several pieces of
sacred music were executed in a superior manner, by an
effective, and evidently a well conducted choir. The instru-
ment was built by Messrs. Bewsher and Fleetwood, of this
town, and its powers were ably brought out by the talent of
Mr. T. Platt, organist of St. Mary's, Kirkdale.
We have to record the death of Theodore Hook, Esq.,
the accomplished author, who expired on Tuesday night.
Mr. Hook not only achieved a high station in the lighter
walks of literature, but attained considerable eminence as a
political writer.

The Marquis of Normanby, after the division on Wednes-
day morning, brought in three bills.—l. Fur the improve-
ment of certain boroughs ; 2. For regulating buildings in
large towns ; 3. For the better drainage of towns and villages.
They were severally read the first time, and ordered to be
printed.

BRADFORD ELECTION.—TWO candidates are in the field,
Mr. Busfield, a whig, and Mr. Wilberforce, conservative.
At the last election for this borough the former gentleman
was 76 votes below Mr. Hardy, the successful conservative
candidate, and four below Mr. Lister.

Mr. Wilberforc

REPRESENTATION OF BRADFORD
heretofore chosen representative of the conservativ
has been called upon by the constitutional eloctors of 13t
ford to contest the vacant seat for that borough ; and we

the
f Hull.

juice to add that that gentleman has responded to the request
by immediately taking the field.
BETTER LATE THAN NEVER.—According to the rumour
which prevailed on Wednesday in the clubs, it is the inten-
tion of Lord Melbourne to reward the fidelity of his expec-
tant adherents, Lords Lansdowne. Anglesey, and Westmin-
ster, by raising those noblemen to the rank of dukes. His
lordship seems resolved to score the honours though he loses
the trick.

DISTRESSING OCCURRENCE.—Last Sunday evening the
following melancholy occurrence, resulting in the loss of
three lives, occurred in Milltown Glen, in the parish of
Lezavre, near Ramsey. On the morning of the above day,
Catherine Kelly, wife of William Kelly, labourer, of Baldwin,
in the parish of Braddan, left her home, the weather being
delightfully fine, with the intention of visiting her mother-
in-law, who resides in Glen Aldin, and is in an infirm state
of health. She was accompanied on her journey by her
infant, a child of six months, and a little girl, Elizabeth
Lewin, aged nine years, daughter of Mr. Charles Lewin,
also of Baldwin. The body of Catherine Kelly was found
on the bank of the river, nearly opposite the mansion of his
honour, Deemster Christian, between six and seven o'clock
the same evening, much bruised, and in a state of nudity,
with the exception of a small part of her bonnet. Tim body
of the girl was found, about the same hour, nearly half a mile
further up the river, adjoining the flax mill, also very much
bruised, and with scarcely any clothing. It is supposed,
that in crossing the river, at the outer end of the glen—
which they would have to do in the course of their journey—
they would naturally take each others' hands, for safety, in
passing over the large stones or steps, laid across for foot
passengers, and that one or both must have slipped while so
engaged, and thus they found a watery and premature grave,
occasioned by the heavy fall of rain that took place during
the forenoon and evening of the day. The body of the
infant was found on Monday morning, in Ramsey river, near
the town.—Manz Liberal.

MARRIAGE TEST.—In the ecclesiastieal code of Irelaud
an article is extant which gives to the bishop, or even to the
inferior clergy, the right of preventing any marriage where
the female is unable to read.

A DUTIFUL SON.—" You will, of course, immediately join
the mess, Mr. Mac—, said the adjutant to a young ensign
on the day of his arrival at the regiment. " You are very
kind, sir," stammered out the incipient hero, " but the last
promise that I made my father was that I would ndt get into
any mess whatever. _

CHARACTER OF THE QUEEN DOWAGER.- . _
instances recorded from time to time of the royal muniticenct
of the worthy and estimable Queen Dowager; but never has
it fallen to our lot to record a more pleasing case than the
following, which has lately come to our knowledge, and for
the truth and accuracy of which we can vouch :—A gentle-
man of the name of Blake, one of the pages to her Majesty,
was stretched upon a bed of sickness, and was found to be
approaching his end. Her Majesty, with that solicitude
which she evinces for even the lowest menial in her house-
hold, was particular in her inquiries after him day by day,
and on learning from his medical attendant that but faint
hopes were entertained of his recovery, she proceeded with-
out delay and unattended to his bed-side, and spoke sweet
words of comfort to the dying man, bidding him to rely upon
the all-sufficient merits of his Saviour for acceptance Keith

Many are the

his God, when the things of this world.
which were fast
fading from him, should have closed upon his mortal sight.
She begged him to feel quite comfortable as to his wife and
family, for that she would provide for them, and to pass the
few short hours that remained to him on earth in preparing
to meet his God and the coining judgment. Such words of
.. .

comfort, we may hope, produced their proper effect, and that
the spirit of the departed will have reason, through eternity,
her
to praise his Redeemer for sending such a messenger of mercy
to comfort him in his dying moments. A few days after his
decease, her Majestty
sseesn'etnfocrh itheldresioi children, and announced sorrowing
nwniodunwcZ h
to o waser
left with a family o
her intention of allowing her a pension of £lOO a
Year. .- -
residence in BushY
Park, so long as that continue'
perty. She desired her to send such of he
of sufficient age to school in the neighbourtioo, ,
anti that as they grew up she would pr -(1 r
Englishman does not feel a real pleasure ie,
acquainted .or
mynhsaet, ovi pe
'nted with such princely acts of benevo ne
it' ien
of our late beloved Sovereign, and iu knowing
tion has placed it within her power to display,
stances as these, the kindness and noble
ike nature ?---Chelletilona Chronicle. Iles'

:►t her ex-

e In tliewido

that this L!a
by such ill