The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1840-10-06 00:00:00

ALLEGED CASE OF BRIBERY.

Mr. WILKINS then rose again and said—l have an appli-
cation now to make to the court. It is this—that the calling
of all the parties in Everton Ward, as well as in St. Paul's,
and another ward or two, upon whom notices have been
served by a man of the name of Johnson, and also by a man
of the name of Thurtell, may be postponed to the end of the
list.
Mr. WRIGHT.—State the grounds of your application.
Mr. WILKINS.—I will, though I would rather not; how-
ever, as lam compelled so to do, I must. I unhesitatingly
aver, then, that Johnson, a man who has served notices for
us in Evertou Ward, and also another of the name of Thur-
tell, have been paid sums of money by members of the other
party to quit this town ; and I am also prepared to show that
no less a sum than £2OO was offered to another of the par-
ties connected with us, and who served notices for us, to
prevail on him also to quit the town.
Mr. HARVEY.—If you prove the two first cases, it will be
unnecessary for you to go into the third.
Mr. WILKINS.—SO far as Johnson and Thurtell are con-
cerned, I can prove that they have been thus treated infer-
entially.
The DEPUTY TOWN-CLERK (to the mayor)—That won't
do.
Mr. WILKINS.—I beg I may not be interrupted.
Mr. JAMES.—If you are not making this application on
affidavit, I must oppose it.

Mr. Wimcms.--If you wish, 1 shall call the man before
the court who has had too much integrity to listen to the
offer made him, and he shall state on his oath the offer that
was made, where it was made, when it was made, and by
whom it was made. (Loud cheers.)
The MAYOR.—I request that perfect silence may be kept,
and that the officers of the court will do their duty.
Mr. WILKINS.—I cannot help expressing a little astonish-
ment at the anxiety displayed by the deputy town-clerk in
getting up to tell the court his legal opinion, and to dictate
to the mayor.

Mr. CROOK, in the course of some sharp remarks that
ensued, complained of the temper of the learned gentleman,
and the injustice of his accusation.
The bench finally decided to hear the evidence viva rove,
which Mr. Wilkins said he could produce—with the under-
standing that Mr. James, who had not had notice of its being
to be brought forward, should at a future time be enabled to
have it repeated, and to bring forward such evidence as he
thought fit to rebut it. Before the witness was produced
some severe and accusatory language was used by Mr. Wil-
, kips, which was replied to by Mr. James, and noticed from
the bench. Mr. Wilkins complained, in strong terms, of the
frequent and improper interferences he met with from Mr.
Harvey, but we have not space to particularise. Finally
Charles Maddock was called. Witness said he knew Charles
Benjamin Johnson, and had known him for some years. He
(Johnson) lived in Peter-street, and witness had seen him
take notices of objection out of Mr. Pennington's office.
Witness went to the house where he lived in Peter-street, on
Wednesday, the 30th of September, and found there the lady
of the house. She said he had not been in all night ; and he
had not seen him since. On the morning of Wednesday, at
four o'clock, he heard a gentleman make a loud knocking at
the door of the house in Peter-street in which he himself
lived. A person who lived in the front room opened the
window, and he then saw a man named Abraham Chapman,
who keeps a hatter's shop in Leigh-street, in the street. He
saw nothing in his hand either then or at any other time.
Something was said about Johnson's house. There was be-
sides the woman of the house an unfortunate woman whom
he had frequently seen with Johnson. Witness saw him the
day before at Mr. Pennington's office, making up his papers
as a notice man, on the day before. On Wednesday, at nine
o'clock, Johnson was gone. Johnson was formerly clerk
with Mr. Hodgson, an attorney ; but witness did not know
what be had been employed upon lately.
Mr. JAMES declined to cross-examine the witness, as lie
did not think it worth while.
Mr. WILKINS contended that the evidence went to show
that Johnson had been sent out of the way, and urged his
former application.

Mr. JAMES contended that there was no proof whatever of
any fraud or improper conduct on the part of those who em-
ployed him. It was not even shown that the man had been
looked for elsewhere, and he might still be in the totvn.
There was no proof whatever of any thing approaching to
bribery, and he submitted that the man was legally entitled
to his vote.

Mr. WRIGHT said that he thought no case was made out
to warrant them depriving the individual of his vote.
Mr. HARVEY and the MAYOR similarly expressed them-
selves.

Mr. WILKINS remarked that it was a hard case for them
whom lie represented.
Mr. HARVEY considered it was by no means a hard case.
The court then decided that there was no ground to accede
to the application of Mr. Wilkins.
The list of objections was then gone on with (still in Ever-
ton ward), and several votes were allowed.

The objection against Ormerod Heyworth, Esq., was with-
drawn, and his vote allowed. The following votes were then
allowed :—John Harrison, Joseph Hoskins, Wm. Horsman,
Thomas Johnson, Richard Jackson, Francis Jaques, Evan
Evans, Joseph Jones, Richard Kerr, Thomas Kidd, Thomas
Kirk Bride, Isaac Law, and several others. The votes of
several parties who did not attend, were adjudged to stand
over. The court then adjourned.

SATURDAY.
The court met at nine o'clock this morning, and continued
the revision of the burgh list for Everton ward. There was
nothing remarkable in any of the cases, except that Mr.
Wenman Abraham, a conservative voter, represented so
many burgesses, who had deputed him to attend for them, as
to call forth some remarks from Mr. James. Mr. Wilkins
added, that however he might admire Mr. Abraham's zeal it
was not becoming to appear' as a wholesale representative.
Mr. Abraham replied that he appeared not as a wholesale re-
presentative, but for a few of his neighbours who had re-
quested him, as they were unable to attend.
KIRKDALE.
The list of burgesses for the Kirkdale division of the Ever-
ton ward was next submitted, and it was stated that an ar-
rangement had been made by which the claims and objections
on both sides would be withdrawn.
SCOTLAND WARD.
In this ward forty-one objections were withdrawn by the
consent of both parties.
Robert Burnett, house, Hornby-street, was cbjected to by
the conservatives. The notice server having been called he
was cross-examined by Mr. Wilkins. It appeared that he
had not read the objection before he served it, and that he
could not repeat even the substance of it to the court.
Mr. WILKINS then asked the court whether there was
any proof that the notice had been served as the act re-
quired. As soon as the man got the notices he packed them
altogether; he wrote upon a certain gaper that he had served
a copy of it on Burnett, in Hornby-street ; but he distinctly
stated that he would not tell what the contents of that paper
were. Under such circumstances there was no evidence that
ho had served a legal notice.
Mr. JAMES, in reply, contended that the man was igno-
rant, and that it was not to be expected lie should correctly
repeat the very words of the notice. He had, however, proved
sufficient to satisfy the requirements of the act.
Mr. HARVEY said he should have been satisfied that the
objection was good, if the act had not stated that the notice
of objection should be in the form therein given, or " to the
like effect."
Mr. WRIGHT thought that Mr. James had answered him-
self of his own argument. He said the notice was good be-
cause the man was ignorant, because he had neglected to
read, and could not recollect what the contents of it were.
Could any man be allowed to say, " I served the papers
which were given to me upon the persons for whom they
were intended, but I did not read one of them till two or
three days afterwards." The man's memory was bad ; he
could not recollect the main points of the object i to which it
was his bounden duty to do. With regard to the words," to
the like effect" in the act, he apprehended that they meant
the words of the notice itself, but it was clear that the copy
must be an exact copy of the notice served. He thought,
therefore, in this case the notice had not been proved.
The MAYOR said he had no doubt that the notice was
good.
The party claiming not being present the investigation into
the qualification was postponed.
Joseph Burch, house, Burlington-street, was objected to
by the whigs. The claimant stated that a friend had paid his
rates for him, and that he was indebted to him for the
amount.
Mr. JAMES objected to the vote. The only proof before
the court was that the rates had been paid, but it had not
been proved that they had been paid by the party autho-
rised ; and the court could not take this witness's statement
of the authority.
Mr. WILKINS replied that the facts spoke for themselves.
The man said, " I did not pay my rates myself, but a friend
did, and to him I am indebted for the amount." The rates
were paid, and it was the fair inference that they had been
paid by the party deputed.
Mr. JAMES rejoined that the attendance of the party who
had paid the rates was necessary. The court were not to be
satisfied with the fact that the rates were paid ; it must be
proved that the voter had paid them himself or by sonic
agent.
Mr. HARVEY thought the deputation must be connected
with the payment. The Ass or then further examined the
claimant, who said that a person named Davies had paid his
rates. Davies lived, he believed, in Grosvenor-street : he
had known him a few weeks. First saw him in Burlington-
street, and witness began the conversation by telling him he
wished to be on the register ; told him what length of time lie
had lived in the house, and that if he would pay the rates, he
would pay him again. Davies said that should be done. Mr.
Davies was solicitor for a brcwhouse near Vauxhall. road.
Gave him no note of hand or written acknowledgement for
the money, nor had any time been fixed for the repayment.
The rates were paid for three years.
Mr. WRIGHT thought certainly this vote ought not to be
allowed. It was a system of fraud upon the spirit of the act
of parliament. The payment of rates was sufficiently proved,
but the question was whether this was not a system carried
on for the purpose of committing a fraud upon the act of par-
liament. He thought it was.
Mr. WILKINS thought the case was perfectly analagous to
that of Aldersey decided yesterday.
Mr. JAMES observed, that that decision was not upon his
objection.
Mr. HARVEY said the case had not been opened as a pay-
ment by the party himself; he (Mr. H.) had recourse, there-
fore, to the presumption qui facit per cilium fecit per se, but
that presumption had been shaken by the examination which
he had instituted.
The MAYOR said, in his opinion, there was no evidence of
the party having paid the rates himself. A long argument
ensued, Mr. Wilkins strenuously contending for the suffi-
&ency of the payment. The Court, however, held differently,
and the vote was struck out.
John Brown, house, Back Portland-street, was objected
to by the :onservatives. The notice of objection, after some
cavil, was proved ; and Ann Brown, wife of the claimant, was
called to establish the vote. She proved an occupation of
three years, and the payment of all the rates for that time.
The following colloquy took place between Mr. Wilkins and
the witness :
Well, Mrs. Brown, what is Mr. Brown ?-:-.lle is an Irish-
man, sir.
What does he get ?—He is a labourer, and gets 16s. a week.
Who paid these rates ?—I did myself.
When ?—On the 31st August.
How much did you pay ?—I paid three years' rates.
What was the amount ?—I think it was £l. 7s. 6d.
From whom did you receive the money ?—I borrowed it
from a neighbour. •
Mr. JAMES objected to any questions being asked of this
kind.
Mr. WILKINS said, surely he could not be objected to, as
he was only following the example of his learned friend in a
former case.
Mr. HARVEY thought that some discretion must be
allowed to counsel in putting questions. The question might
be put.
Mr. WILKINS then resumed his cross-examination. From
wham, he asked, did you receive this £1 7s. 6d. ?—I bor-
rowed part of it, and the remainder I had myself.
What was the name of the person from whom you bor-
rowed part ?—lt is no matter to you.
Oh ! but if it is matter to me, I'll thank you to tell me.
Mr. HARVEY.—Mrs. Brown, answer the question.
Well, sir, if I borrowed the money, and have to pay it
back, it's no matter to him.
Mr. WILKINS.—NOW, Mrs. Brown, from whom did you
borrow the money ?—You would not know him, if I were to
tell you.—(Great laughter.)
Oh ! but I'll run the risk of that. You are not doing
yourself much credit by this sort of answers. Mrs. Brown,
now I will thank you to tell me from whom you received this
money ?—I borrowed it, as I tould you before.—(Continued
laughter.)
From whom ?—John Carrol.
What is John Carrol ?—A labourer.
Did you give John Carrol any acknowledgment for the
money ?—No, sir.
Was any person present when he lent it to you ?—No ; only
his wife.
Where did he lend it to you ?—ln his own house.
On what day did you borrow it?-011 the day I paid it.
Do you mean to say that you borrowed it from John Car-
rol, or that John Carrol got it from some one for you ?—I
borrowed it from him, and can't tell where he got it.—Do you
mean to state you cannot tell whether he borrowed the money
from some one else ?
Here Mr. James interposed, but the examination was con-
tinued some time longer, with the view of ascertaining whe-
ther the money had not been paid by the Protector Society,
but the witness swore, most distinctly, that she knew nothing
of such an institution. Neither could she tell that Carrol
was an agent of the society.
Mr. HARVEY—Can you carry this any further?
Mr. WILKINS—NO.
The vote was then allowed, Mr. Wright intimating that lie
differed in opinion upon it with his brother Assessor.
James Bracken, house, Back Portland-street, was objected
to by the conservatives, on the ground that his rates had
been paid by the Protector Society. This claimant was also
subjected to a very long cross-examination. He said he had
paid the rates himself, but had given the receipt for them to
a person who name be did not know, and whose place of
business, under the advice of Mr. James, he refused to dia.

close. Mr. Wilkins then argued, that he had traced the pay-
: ment of the rates to the Protector Society, and he called upon
the Court to disallow the vote, as it was a violation of the
• spirit of the act of Parliament, and, next year, might create
scenes that would for ever disgrace the town of Liverpool.
Mr. Harvey decided that the vote was good. Mr. Wright
dissented, and the Mayor said, that he had taken an opinion
upon the question, by which he should be guided. He was
of opinion, then, that Mr. Wilkins had no right to put the
questions which he had, and that the money being paid from
the hands of the party himself did not prove that he was
merely the instrument of paying it. He had the power of
misapplying the money. The vote was, therefore, good. Al-
lowed.
Mr. WILKINS—I would much rather the Mayor would
act upon his own opinion than upon that of other people.
The MAYOR—I am sure you will give me credit when I
say that it is the best opinion I can form.
Mr. WILKINS.—I am quite certain of that ; but the
opinion you have read is not law, indeed.
In several cases, the rates of which had been paid in the
fame manner, the wives appeared, when the rates had been
paid by the husbands. This was held not to be sufficient evi-
dence of payment, and the cases were postponed.
John Carrol, house Back Portland-street, was opposed by
Mr. WILKINS, who asked him if he had lent Mrs. Brown
[case reported above] any money to pay her rates. He re-
plied that he could not recollect. When, asked the counsel,
did she get the money from you ? She did not get it from
me to my knowledge. You paid your own rates on the 31st
August? My wife paid them, sir. Have you any receipt
for them? I have not seen it, as I was not there. Why,
were you out of town ? No. Where were you then ? I was
walking in procession on that day. What procession ? Tee
procession of the Independent Order of Odd Fellows. You
are a very odd fellow, and we shall be glad to see Mrs. Car-
rol on Monday. Case adjourned to produce Mrs. Carrol.
At this period of the business the Assessors intimated that
a notice would be issued, to the effect that, after this day, in
all cases where the rates had been paid otherwise than year
by year, all the parties who had paid them must attend to
prove the payments. This announcement was received with
applause.
Patrick Cantwell claimed for a house in William-street,
but was opposed by Mr. WILKINS. It appeared that last
year the name had been properly entered in the rate-book,
but that for the two preceding years it had been entered as
John Cantwell. Mr. WILKINS, on this, objected that the
parties could not he identical, and that, if they were, the as-
sessors had no power to amend the rate-book for the last two
years, inasmuch as it had always been held to prove itself.
He cited several cases from Rogers, Delane, and other re-
porters of election decisions.
Mr. JAMES took a contrary view, relying upon the fact
that there was no other Patrick Cantwell in the neighbour-
hood, and that Patrick Cantwell had paid the rates for the
three years.
Mr. HARVEY and the MAYOR were of opinion that the
objection was unsound, and Mr. WRIGHT that it was valid.
The investigation therefore proceeded. Bridget Cantwell,
sister to the claimant, was called in support of the vote, and
she stated that she had paid the rates for him in his absence.
From whom, inquired Mr. WILKINS, in cross•examina-
tion, did you get this money ?
Mr. JAMES.—You have no right, Mr. Wilkins, to ask that
question.
Mr. WILKINS.—This woman stated, that she got the
money in her brother's absence ; and that she paid it in his
absence; and, in order to ascertain whether it was a pay-
ment of her brother's or her own, surely I have a right to
ask her where she got the money.
Mr. HARVEY.—Yes, I think you have.
Witness.—l got it honestly, gentlemen.
Mr. Wrucrss.—lf you got it honestly then you will have
no objection to tell us from whom you got it ?—I got it
honestly, I tell you.
I do not accuse you of getting it dishonestly ?—Well, I
shan't tell you.
Did your brother know of you getting it gave him the
receipts.
Before he went out he knew of ycu going to receive it ?
Yes.
I want to know, did he know where you were to get it
from ?—I do not know.
Mr. WILKINS.—I submit to the Court, that, if ever there
was a case for the attendance of the party himself, this is
one.
Mr. JAMES, before the Court decided, wished to ex-
amine the witness. Did your brother, he asked, know you
were going to pay the rates ?—No. But you told him that
you were going to pay them ?—Yes.
At that time you had not got the money ?—Did you un-
derstand me when I asked you whether you got the money
upon your own account or your brother's ?—I got it upon
my own account.
Mr. HARVEY.—You are out of court, Mr. James. We
shall reject this vote. You have called this witness as the
agent, and the agent has disproved her authority. Vote
disallowed.
The Court adjourned at six o'clock.

MONDAY.
The court opened this morning at nine o'clock. Before
the commencement of business, the MAYOR announced that
at one o'clock the court would adjourn for half an hour, and
sit until eight o'clock in the evening.
Mr. HARVEY said that as he was the means of not reject-
ing the claim of an Irishman on Saturday who refused to an-
swer the questions put to him, he would state that the court
was now of opinion that they ought not in future to allow the
vote of any man who refused to answer a question. In one
case the court had allowed the vote in which the witnesses
refused to answer, and in another they had not; one, then,
would balance the other, and it was now distinctly to be un-
derstood that if any man refused to answer, the court would
reject him.

Mr. JAMES.—You have put it generally. You say if a
man refuses to answer a question.
Mr. HARVEY.—No : I said, or meant to say, if he refuses
to answer a question, which, in our opinion, is one that
ought to he answered.

Mr. JAMES said that as far as he was concerned he thought
this a very correct determination.
Mr. WRIGHT observed that if the court had once com-
mitted error they ought not to persevere in it.
The MAYOR said counsel would save themselves and the
court a great deal of time and trouble if they would consent
to withdraw such objections as were frivolous.
Mr. WILKIss and Mr. JAMES observed that this was
most desirable, and that they would do their utmost to adopt
the suggestion.

ST. PETERS' WARD.
The objections on both sides in this ward were withdrawn
by mutual consent. There were 331 by the conservatives,
and 131 by the whips.
SCOTLAND WARD REVISION.
Michael: Collins, Carlton-street, was objected to by the
conservatives. In cross-examination, by Mr. WILKINS,
the claimant stated that all his rates for three years had been
paid. The learned counsel produced a paper, and said he
got this paper from the same place where he got the money
from. He could not, however, tell where the place was.
The following dialogue then took place.
Did you ever see this paper before ?—I cannot tell you. I
never looked at it before.
When did you get the money to pay your rates ?—The last
day in July.
Did you get the money from the same place where you got
the paper ?—Yes.
Did you get the whole of the money from the same place
where you got the paper ?—I think it was.
At that time you did not pay the rates with your own
money ?—No.
Since that time you have paid part of the money back ?
Yes.
How much ?—I paid a shilling, and I intend to pay the
remainder.
When did you pay the shilling f—On Saturday last.
Who came to you for that shilling?—No person.
Was it in consequence of what somebody said to you that
you paid the shilling ?—Not altogether—l had other reasons.
Was that part of the reason ?—I do not know whether it
was or not.
How did you pay this shilling back ?—To a man that was
appointed to receive it.
Where ?—At a house in Scotland-road.
Can't you tell what it was ?—lt was a public-house.
What made you go to pay the shilling ?—I do not know.
What induced you to pay that shilling back ?—I thought it
was nearly time to pay it.
Do you mean to swear you were prompted to that by your
own mind alone ?—No.
Was it in consequence of something that was said to you
that you paid the shilling ?—lt was in consequence of some-
thing that I heard.
When was that something said ?-1 do not know.
What is your belief?—lt was either upon Saturday or
Friday.
You say you paid it to the man that was appointed to re-
ceive it ?-1 thought so.
What made you go to the house in Scotland-road to pay
that shilling?-1 understood the man was to receive it there.
Cannot you tell what house it was ?—I am not quite sure.
How came you to know that at that public-house in
Scotland-road there was a person to receive the money ?-1
understood that before the Friday or Saturday.
Whereabouts is the house ?—lt is in Scotland-road or
Scotland-place.
Well, if that house was appointed before Friday or Satur-
day you can tell us where it is ?—lt is in either one or the
other.
Can you tell us what house it is next to ?—I cannot.
Can you tell us what house it is near ?—There is Richmond-
row leading out of it.
What is the sign of the house ?—lt is the sign of the cab-
bage. (Laughter.)
You are not a tailor, are you ?—Yes, I am a tailor, sir,
by trade.
Then I do not wonder at your going there. Have you
often been at the sign of the cabbage to pass your evenings ?
Not often.
How often, about half a dozen times ?—I cannot say.
The claimant was further cross-examined, from which it
appeared pretty clear that his rate had been paid by the
Protector Society, and upon the assessments and tenancy of
his premises.
The collector stated that the rates had been paid not in
July as the witness stated, but on the 31st of August.
Mr. WILKINS made an able speech against the vote, in
which he pointed out a variety of contradictions in the tes-
timony of the witness. After Mr. JAMES had replied, the
court held that the vote was good, Mr WRIGHT dissenting
on the ground that a fraud upon the spirit of the act of par-
liament had been proved.
Michael G. Cosgrove, house Back Portland-street, another
" Protector," was opposed by Mr. WILKINS.
Where, asked the learned counsel, did you get the money
from to pay your rates ?—I got it from a particular friend.
Who is your " particular friend ?"—That is my business.
The MAYOR called upon the witness to answer the ques-
tion.
Mr. WILKINS.—Who is the particular friend that lent you
the money ?—I cannot tell you who he is.
Do you mean to tell the court you do not know who lie is?
—I do mean to tell the court so.
Mr. HARVEY.—My mind is made up. We shall reject
this vote.—Vote struck out.
Patrick Cavanagh, house Bostock-street, another " Pro-
tector," had his vote struck out, it appearing that he had not
been properly rated.
William Carrol, a " Protector," claiming for a house in
Chadwick-street, was opposed by Mr. WILKINS. It appear-
ed that there had been sufficient residence ; but that before
the rates were paid, the name in the rate-book was inserted
as William M'Ardle. This name, however, was altered by
the overseers on the application of Carrol, when lie paid his
rates to his own name.
Mr. WILKINS now contended that the vote was bad, on
the ground that the court had no power to alter the rate-
book, or consider any thing in it as a mistake. If Carrol
were to appeal on such a ground, for instance, the rate would
be quashed. He submitted, therefore, that there was no
proof that Carrol was rated.
Mr. JAMES replied that there was latent ambiguity in the
rate-book, and that he had now a right to call evidence to
prove that William Carrol and William M'Ardle were the
same person.
Mr. WILKINS rejoined that the question of ambiguity bad
nothing to do with the case, and that if the principle
rwe'dere
e
allowed of altering these names, any name might be altered.
Mr. WRIGur said his opinion was that the vote was a good
one.
Mr. HARVEY said, as the party had not taken advantge of
the error in the rate-book to refuse to pay his rates, it would
be inequitable now to deprive him of his vote. Then came
the question whether the rate-book was conclusive, and whe-
ther it could be altered ? It appeared to him that it was
conclusive, and that evidence might be gone into to prove
that it was ambiguous, and might be altered.
The MAYOR concurred with Mr. Harvey.
Carroll was then cross-examined by Mr. WILKINS,—

He had paid 41 7s. 91. for his rates. Took a paper to the
overseer's office. Got the paper and the money from a place
in Back Castle-street. Had not paid any of the money
back ; and had given the receipt to the place in Back Castle-
street. Had never paid any rates before. Did not know the
party from whom he received the money. Went there be-
cause he had been informed money was lent there on such
occasions. Gave no receipt for it. When he got the money
he got some directions about it. Complied with those di-
rections. Felt himself at liberty to do what he liked with the
money.—Vote allowed.

Mr: HARVEY said he had to request the learned counsel
to give their opinion on a very grave question. It was, as to
who constituted this court. His own opinion was that the
mayor was the court, and that he was to decide, with the
assistance of the two assessors. In the case of the Queen v.
Bridgenorth, which was a mandamus to set right a wrong
decision, the proceeding was against the mayor, and the
judgment was against the mayor.
Mr. JAMES said the question was one of some difficulty,
and he did not like giving an opinion without consideration.
Mr. WILKINS quoted the ninth section of the Municipal
Act, which appointed the mayor and two assessors to revise
the lists. , From the language of this section it was clear that
the mayor and the two assessors were the presiding officers
and judges of the court.

Mr. WRIGHT intimated that he was of a similar opinion.
Mr. JAMES declined to give an opinion, on the ground
that the question required greater knowledge of the princi-
ples of law, and of the municipal act, than could be gathered
from the mere reading of one single clause.
The Court intimated that they had made up their mind.
John Callum, of Scotland-road, a " Protector," in his
cross-examination by Mr. Wilkins, admitted that he had ob-
tained the money to pay his rates from the Protector Society.
In this case, as well as in many others, a question arose whe-
ther it was a relevant question to ask the claimant whether
he got the money from the society as a loan or a gift. After
hearing Mr. Wilkins for, and Mr. James against, the propo-
sition, the Court delivered its judgment, to the effect that
such questions might be put. The Court was bound to pre-
sume that the questions asked had a tendency to elicit facts,
which, themselves. might have a tendency to prove that the
witness was not the -Jitness of truth. Mr. Wilkins then
cross-examined the witness as follows :—Where did you get
the money from ? I got it from Back Castle-street. Did
you get it as a loan or as a gift ? As a loan. Do you know
the party from whom you got it ? Ido not. Did you get a
receipt? les. Where did you get it? From the parish
office? And you left it with those from whom you got the
money ? lam not going to answer that. Did you, in fact,
leave the receipt with them ? I might have done that. You
got it back from them to-day ? Yes. The vote was then
allowed.

Many other cases of the like description were heard. In
all of them the Protector Society figured as the payers of the
rates. Of course, in accordance with the principle laid down
by the Court in an early stage of its proceedings, the votes
were allowed. The court adjourned shortly after eight o'clock.

WARD MEETINGS.

PITT-STREET WARD.

A very numerously attended meeting of the electors of
Pitt-street Ward took place last evening, for the purpose of
being introduced to Thomas Toulmin, Esq., and to adopt
measures to ensure his return to the town-council at the en-
suing election. Mr. Watkin Williams, the chairman of the
committee, took the chair. He said he was glad to see so
many present, and it delighted him to hear the cheers that
were so liberally given. They were truly British cheers, and
came from the heart, and showed that those present were
ready to go to the charge on the 2d November. The chair-
man briefly drew attention to the objects of the meeting.
JAMES ASPINALL, Esq., (who- was greeted with loud
cheers) rose to propose the first resolution. He said that he
was glad to see so many present, and not a few blue jackets
amongst them. He had to thank the electors in that ward
for the kindness which they had shown him whenever he ap-
peared amongst them ;—he had received more than perhaps
any other man in the town. He had been for many months•
ill, and had been recommended by his medical adviser to ab-
stain from any excitement, as the consequence might be
most serious to his health. Under these circumstances he
was compelled to reject the honour of being put in nomina-
tion for the ward, and he thought it was his duty individually
and collectively to thank them. He would not look back to
the time when the municipal bill was passed—he would only
revert to the last three months, during which greater events
had taken place in this town than in any other town in the
kingdom. When the municipal bill was passed, the greatest
blessings were promised them ;—since that time principles of
so repulican a tendency had been promulgated, that an ho-
nest Conservative dare not hold up his head—nay, he scarce
dared to think—but the time had arrived when Pitt-street
ward must wipe off the stigma that had been attached to it.
In alluding to the present representative of this ward, he
would not say one word against him, either as to his conduct
as the father of a family, for that was unexceptionable, or
'in any of his domestic relations, for in them he was highly
esteemed ; he would not go into domestic lite, but he objected
to him on the grounds of protestantism (cheers) and con-
servatism. (Cheers.) The speaker then ably alluded to
O'Connell's patronage of the town-council, and his having
eulogised Mr. Ratbbone and Sir Joshua Walmsley, as the
great stars in the political world of Liverpool. (Loud
laughter.) The speaker then alluded to the conduct of the
town-council, and the political tendency of all its measures.
He then begged the electors to look at the state of the town
expenditure, which would be published this day, in which
it will be seen that the revenues were £120,000, out
of which £70,000 arose from the town dues alone. Mr.
James Aspinall drew to the recollection of the meeting
that when the old corporation were in office Messrs.
Bolton, Jevons, and others, cried aloud most lustily for the
abolition of the town dues ; but that now there was not a
voice raised on the subject. He showed before that £30,000.
of that income had been paid to the servants of the corpora-
tion. (Oh !Oh !) The speaker then touched upon the ware-
house question, and pointed out the gross injustice of the
present town council, and the breach of faith shown to the
warehouse owners, who had taken the land at a fair price and
a fair competition. The whole proceeding was a job for the
purpose of gaining patronage. The speaker then alluded to
the introduction of new voters—the cellar constituency--and
stated the following facts, that in the following wards there
had been put on the registry in the cellars as follows :—Scot-
land, 51; Vauxhall, 33 ; St. Paul's, 94 ; Exchange, 114 ;
Castle-street, 18 ; St. Peter's, 42 ; Pitt-street, 170 Great
George's, 95 ; Rodney-street, 20; • Abercromby, 27 ; Lime-
street, l; St. Ann's, 59 ; which made a total of 757. He
then alluded to the conduct of the radicals to the old free-
men, affirming if these cellar constituents were fit to vote,
an insult of the grossest nature had been paid to the
blue jackets and freemen—it was a political robbery of their
rights. After some other observations, which drew down
loud applause, Mr. Aspinall proposed Mr. Toulmin to the
meeting as their representative, and warmly recommended
him to their notice. lie had known him long, and would
pledge his reputation for his fitness for the office of councillor
for that ward. He then proposed the first resolution—(see
our advertising columns.)
Mr. Thos. RammErt briefly seconded the resolution.
Mr. ANDERSON, in proposing the next resolution, eulo-
gised Mr. Toulmin, having known him long, and as one who
had benefited the town in every way possibl.
Mr. ROOSE seconded the motion.

Mr. TouLmiN then addressed the meeting, and was re-
ceived with loud cheers and applause. Mr. Toulmin, after
expressing his regret that his friend Mr. Aspinall could not
be induced to stand for the ward, stated that his principles
were in direct oppoistion to those of Mr. Rathbone, both
politically and religiously, He felt it was his duty to come
forward and support conservative, not destructive measures.
(Cheersl)

ISAAC HOLMES then addressed the meeting, and
touched with great spirit upon many interesting topics, and
rode rough-shod over the Rads in the Town-council, and in
conclusion reminded the electors to support Mr. Toulmin
most strenuously.
Mr. S. MAY then rose to put the resolution, and dwelt at
length upon the various observations that had been made,
and explained the conduct of the conservatives.
Mr. HENRY STEWARD seconded the motion.
The CHAIRMAN here intimated that the committee would
sit every evening at Mrs. Cowbans, to answer any inquiries
which may be necessary.
Mr. RICHARD DAWSON, (who was received most cor-
dially) being called upon, drew the attention of the meeting
to the occurrence taking place in the city of London, in re-
ference to the election of lord mayor. He then begged the
electors to remember that there were only twenty conserva-
tives in the council out of sixty-four, and that in this elec-
tion there were four conservatives to go out and twelve rads,
and in the election of 1841 six conservatives and ten rads
were to retire. if ten conservatives could be returned this
election and ten in 41, they would be in a majority ; but in
the event of sixteen being returned in this and sixteen in 41,
they would be enabled to elect their own aldermen. He
hoped to see the day when they should see a conservative
mayor proceeding to a protestant church, with the mace and
regalia before him, and attended by hundreds of conservative
gentlemen. (Loud cheers.)
Mr. ASHBROOKE then addressed the meeting at some
length, when a vote of thanks to the Chairman was passed,
and the meeting separated.

ABERCROMBY WARD.
A meeting of the conservative burgesses for this ward was
held last night, in the Adelphi Hotel, for the purpose of
proposing a fit and proper person to be put in nomination
as a candidate for the representation of the ward at the
ensuing municipal election. The room was crowded with
respectable and influential burgesses, and the greatest
unanimity prevailed throughout the proceedings.
On the motion of Mr. C. BUSHELL, seconded by G. M.
GLAZEBROOK, RICHARD GRIFFITHS, Esq. was appointed
chairman.

The CHAIRMAN opened the meeting by stating that, be-
fore he sat down, he should present a requisition to Mr.
Procter to become a candidate for the representation of the
ward. It had devolved upon him, as chairman of the ward,
to call the meeting, and as it was of a purely local nature he
should confine himself as much as possible to its local affairs.
He should not, as they had in some other wards, discuss the
subjects of the corn-laws, the sugar duties, or whether sugar
produced by slave labour should or should not be consumed
in England. These were questions not within their province;
and although there was undoubtedly great talent in the town
council, they were not exactly the parties to settle them.
Having stated the object of the meeting, the chairman pro-
ceeded to observe that their liberal friends had, both before
and since they came into power, heaped abuse upon the con-
servatives. They had abused the old corporation in no mea-
sured terms. Indeed, there was scarcely a word in the Eng-
lish language which they had not used to vilify them, pre-
viously to their getting into power; and, as might be expected,
they had not ceased their abuse of them, and of the conserva-
tives generally, from that day to this. They abused the old
corporation for being irresponsible, and praised themselves
for being responsible. It would, however, on examination,
be found that they had conducted the affairs of the corporate
estate in a much more wasteful and extravagant manner
than the old corporation, and it was for the burgesses
to say on the 2d of November whether they should be allowed
to continue to do so or not. (Cheers.) We all knew suffici-
ent of them to know that they ought not to remain in power
any longer. (Cheers.) Their very first act was a proof of
this. They professed economy, humanity, and everything
that was amiable in the human character, yet their very first
act on entering the council-room, before their seats were
well-warmed under them, although they had returned 44
liberals to 4 conservatives, wasto elect 16 alderman real good
radicals. (Laughter.) If they had had any liberality at all,
if they had had common justice, they t at least to have
made oue conservative alderman when theyig could so well have
afforded ; but from that day to this they had done no such
thing. From that period, however, their power had been
upon the wane amongst all classes of the public, for
now, instead of there being only four conservatives in the
town-council, there were now twenty; and the present
year twelve radicals retired for four conservatives. He be-
lieved the " liberals," as they called themselves, had been
exceedingly sore for the last twelve months, at expecting to
have the tables turned, at the prospect of twelve conserva-
tives being returned instead of the same number of radicals.
(Hear, hear.) Indeed, if all the wards would exert them-
selves as Abereromby ward would, he believed the conserva-
tives would elect fourteen out of the sixteen. (Cheers.)
There would be, however, a necessity for every man doing
as much as lay in him. There were lukewarm voters : to be
lukewarm was not the way to win but the way to lose. By
lukewarmness three wards were lost last year. Nine wards
were won; in three others there were ties, but these three
were lost through lukewarm conservatives. He knew
himself of one voter who might have saved either Ex-
change ward or Everton ward, but when he was wanted
he was sat quietly at his desk, and did not vote. He
hoped that this sort of conduct would not be the
the case this year; but that all the voters would en-

Lively co-operate with the several committees. iGreat ap-
plause.) The liberals had, as he had already observed, been
heaping upon us abusive language; we would not follow their
example, but we would turn upon them at the election. They
ought never, .11 indeed, to have had majority, and they never
would have had, had it not been for three members of the
Church of England, Mr. James Brancker, Mr. James Mut-
leneux, and the present chief magistrate; and if those gentle-
men were to desert them, they would have flown before the
winds before now. (Cheers.) As to the revision, the com-
mittee of Abercromby Ward had done all in their power to
induce the Reform 'Committee to avoid unnecessary, frivo-
lous, and vexatious objections. Last year, they had an in-
terview with them, and it was agreed that both committees
should limit their objections to 25 on each side. This year, the
Conservative Committee waited upon the Reform Committee.
with a similar proposal, but, after two or three meetings,
they were told that no arrangement could be made, as there
was another association in the town, which had the manage-
ment of the objections. The Chairman said, that this pro-
position having failed, it became necessary that all voters
who had been objected to should attend the registration
court to defend their rights. He then strongly arged upon
'them the necessity of doing so. He then presented the re-
quisition, which was as follows :
" TO JAMES PROCTER, ESQ.
. .

" We, the undersigned burgesses of Abercromby Ward,
respectfully request you to allow yourself to be nominated,
at the next municipal election, as a candidate for the repre-
sentation of this ward in the council of the borough, and we
pledge ourselves to. use our utmost exertions to secure your
return."

This requisition, the Chairman remarked, was signed by
upwards of four hundred burgesses ; and having presented it
in suitable terms to Mr. Procter, he sat down amidst loud
cheers.

Mr. PROCTER then rose amidst loud cheers, and addressed
the meeting nearly as follows—l am proud to have this op-
portunity of standing before you, the electors of Abercromby
Ward, and conveying to you my sense of the obligations I
feel myself under, not only for your kindness, but for your
confidence in selecting my name as a candidate for the honour
of representing this ward in the Town-council. (Hear.)
However reluctant I may have been upon former occasions to
allow my name to be brought forward as a candidate for mu-
nicipal honours, having now undertaken to do so, and hav-
ing received the numerously signed requisition just presented
to me, in reply to it I beg to make you a tender of my best
though feeble services. (Loud cheers.) Having been long-
connected—for upwards of ten years—with the ward, and
with your association, I presume that my principles are pretty
well known to you upon most subjects. (Cheers.) lam an
advocate for sound conservative principles, both in our gene-
ral and in our local politics, It is often asked what we
mean by conservative principles, and in reply I will take the
liberty of endeavouring to give you my definition of them. I
take it that conservative principle means a firm determina-
tion to support the established church as connected with the
state. (Cheers.) It also means a determination to uphold
the institutions of our country—institutions which have
raised England to be the fear of her enemies, and made her
the envy and the admiration of the world. (Cheers.) Those
who profess conservative principles will not endanger the
rights of property ; those who profess conservative principles
will resist all attempts to separate the Protestant established
religion from the state. (Renewed cheers.) My view of
conservative principles tends to promote peace and industry
at home ; and abroad, to encourage commercial enterprise,
and social intercourse, and not that everlasting hankering
after agitation and change which disturbs the minds of men,
which completely overturns their peaceful avocations, and
which throws the apple of discord into the midst of all civi-
lised society. (Hear, hear.) These are my views of conser-
vative principles, and such principles as these I am prepared
to support. (Cheers.) I am a friend to education when
religion can be combined with the moral education of man-
kind. (Cheers.) Respecting the systems of education
adopted and taught in our corporation schools, I would beg
to ask you to look at the committee for education appointed
by the town council. Upon that committee, which I believe
consists of fifteen members, I recognise the names of tour
only who are members of the established church. (Hear.)
Besides these you have dissenters, you have Roman catho.
lies, unitarians, and other creeds, and I should like to know
from this untempered mixture, whatever they may tell us
about the bible being taught in the corporation schools as a
religious book, all of whom differ from each other in their
religious views, how they can even hope to have the bible
taught as a religious book ? (Hear, hear.) My view is quite
different. They cannot hope to have it so taught until
they can all humble themselves so as to worship at the
same altar, till friend by friend beneath the same roof
they can offer the same hallowed prayer. (Cheers.) When
they can co-operate thus all would be harmony, good will,
and peace, and then the established religion would be che-
rished and supported, instead of being undermined by the
dark and subtle attacks of political enemies. (Loud cheers.)
Upon the question of warehouses on the dock quays, so far
I will support the scheme, if it is to stand on its own merits.
But if the warehouses are to be built by robbing the corpo-
rate estate, which means the estate of the burgesses of Liver-
pool—(loud cheers)—of £lOO,OOO or £150,000, and if they
are to be coupled with the management sought for by Mr.
Alderman Evans, then every vote of mine, if I have the ho-
nour to be returned to the council, shall be given against
such a monopoly—a monopoly, Ido rot hesitate to say, of
the most dangerous description, because it will be a political
monopoly ;—(cheers)—and it will be wielded by a party, I
care not whether by conservatives or radicals, for party
purposes, to the general detriment of the many, and
to the enabling of certain classes of the merchants to get
particular descriptions of goods warehoused for a less sum
than they would otherwise have to pay in the open market.
(Cheers.) My objection is, not to having warehouses built
on the dock qultys, but to the funds out of which they are
proposed to be built, and to the mode of management sought
for in the present application to parliament. (Hear, hear.)
If they are built I shall always give my support and vote
to the placing of them under the wholesome check of open
competition, thereby preventing them from being wielded
for their own purposes by any particular party in the town.
(Cheers.) I consider it quite foreign to the duties of the Town-
council to enter on the discussion on the corn-laws, universal
suffrage, or vote by ballot ; but if any gentleman has any
point, upon any particular question, to ask me, I shall be
happy to give him any explanations of my opinions—(hear,
hear)—and iflou honour me by returning me as your repre-
sentative into the council chamber, I shall, to the best of my
ability, endeavour to serve you with fidelity and zeal : hut,
whilst I endeavour to serve you zealously and faithfully,
I trust I shall not be unmindful that I have also to serve you
honestly. (Cheers.) With these few remarks I take my
leave. If any gentleman has any question to ask me, I shall
be happy to give him the best explanations in my power.
(Loud cheers.) I am, in conclusion, gentleman, much
obliged to you for your courtesy, for the atteqtion you have
paid to me, and also for the requisition which has been pre-
sented to me. Mr. Procter then resumed his seat amidst
loud applause.

Mr..i3u SHELL, one of the representatives of the ward, next
addressed the meeting. lie had one advantage with respect
to the resolution in his hand. In addition to the mere form
he had, as the mover of it, to go through, he had the advan-
tage of having his whole heart, in the fullest sense of the
expression, in every sentiment of the resolution. (Cheers.)
He was sure he need not—nay, he would not—say anything
laudatory of his excellent friend Mr. Procter. He had spo-
ken for himself, and he found had induced the meeting to
form such an opinion of him, that nothing! which he (Mr.
Bushell) could say, could possibly enhance their estimate of
his friends character and talents. Mr. Bushell then pro-
ceeded to take a rapid review of the proceedings of the
liberals in the Town-council including the education
question, the warehouse question, and others ; he then
glanced at the Protector Society, as revealed in the revision
court, arguing from them that the legislature could never
have intended the municipal act to be so perverted from its
object; and, after assuring the burgesses, as one of their re-
presentatives, that he should continue to act upon those prin-
ciples, which had gained him his election at a time he was in
a foreign country, he concluded by moving this resolution--
" That this meeting is highly gratified with Mr. Procter's
compliance with its wishes, and with his candid and satisfac-
tory statement of the principles which he is prepared to
maintain in the town-council. '

Mr. REUSS seconded the resolution, which was carried
unanimously.
Mr. GLAZEBROOK moved, in the course of an eloquent
speech, " That the electors now present pledge themselves
to use their best exertions to promote the return of _James
Procter as the representative of this ward."
Mr. PARKER seconded the motion, which was carried
unanimously.
Mr. NEILL moved the next resolution, which was seconded
by Mr. WHATIIAM, and carried unanimously.
Mr. JAMES ASPINALL next addressed the meeting, and
stated that the liberals had put on no less than 757 members
of the Protector Society, all of whose claims to be rated, al-
though in different wards, were written by only three persons.
A vote of thanks having been moved to the chairman, the
meeting separated, after giving several loud cheers.

THE FINE ARTS. We beg to draw attention to the fact
that Mr. Peel is at present at the Adelphi with a collection
of very splendid pictures. Amongst them will be found some
remarkable specimens of the old as well as modern masters.
We advise those wao can become purchasers to visit and en-
rich their collections. We shall fully notice these pictures in
our next.

LECTURES ON SOCIALISM.—We regret that it is not in
our power to furnish our readers with a report of the very
powerful lecture delivered at the Amphitheatre, last night,
before a very crowded auditory. The interest excited on the
subject of these lectures increases as they proceed, and no
marvel, when the topics are treated in so masterly a manner,
and the arguments rendered clear and satisfactory to the
meanest capacity. Mr. Brindley, last evening, demonstrated,
by proofs not to be gainsayed, that there must of Le-
cessity exist in man an immaterial and immortal soul,
and the existence of a personal and intelligent God. The
audience was extremely numerous and respectable, and ex-
hibited great discrimination and attention as the lecturer
proceeded. The Rev. Hugh M`Neile took the chair, and we
dhserved many of the local clergy and gentry on the platform.
We may probably notice these lectures more at length in our
next.
•
DEPARTURE OF THE STEAM-SHIP ACADlA.—Sunday be-
ing the day fixed for the sailing of the royal mail-ship
Acadia for Halifax and Boston, the passengers, who had not
before embarked, went on board the vessel in the Sloyne, in
the forenoon, some in open boats, and others in the steamer
employed for their conveyance. Their number, including
servants and children, was 98, and the following is a list of
their names :
For Boston.—The Hon. Mr. Justice Porter, Mrs. Hasluck,
Miss E. Robins, Mrs. Jones, Jones, Esq., Campbell,
R. D. Blosmore, Esq., Lorut, Esq., Major Irving, Rev.
Dr. Olen, Edward arris, Esq., David Turnbull, Esq.,
G. A. Holt, Esq., W. Bather, Esq., C. Y Davies, Esq.,
Robt. Leech, Esq., A. H. Van Damme, Esq., Leopold
Bierwith, Esq., Holterhoff, Esq., C. Birkle, Esq.. F.
Ganabl, Esq., Duckworth, Esq., Dr. Moore, Hale,
Esq., F. Hamilton, Esq., Wm. Appleton, Esq., Mr. Apple-
ton, jun., Trapmann, Esq., Breiter, Esq., Alexander
Pope, Esq., R. L. Holt, Esq., Smith, Esq., Samuel
Bacon, Esq., Edward Pelvis, Esq., A. Livingstone, E.q.,
S. Hasluck, Esq., Mr. James Wahon, Mr. George Shance,
Mr. C. Awze, Garton Brustle, Esq., J. B. Puddon, Esq.,
Mr. David Lindsay, and Mr. Thomas Smith.
For Halifax.—The Hon. Chief Justice Chipman and Mrs.
Chipman, the Hon. E. Botsford, the Rev. R. 'Wilson, Mrs
Wilson, and family, Mrs. W. H. Robinson, Mrs. E. Bab-
cock, Mrs. Wm. Ranney, Miss Mary Toplin, Mrs. Lawson,
Mrs. Mandrell, Mrs. Wm. Patten, Mr. and Mrs. Milward,
Mr. and Mrs. Howard, Captain Arthur Shirley and Mrs.
Shirley, Col. Gascoigne, John Day, Esq., James A. Dickson.
Esq., Colonel Houstoun, Michael Tombs, Esq., Dr. Deane,
William Sayles, Esq., Thomas Young, Esq., Hugh Mackay,
Esq., Dr. George. R. Grassett, Josh. Wighttnan Esq., Capt.
Kenyon. Rev, J. S. Stronge, Charles Power, isq., William
Johns, Esq., Mr. Galbraith Holmes, J. Bement, Esq., Mr.
John Smith, Mr. A. D. Garben, Mr. John Coats, Miss
Mary Leitch, Miss Jane Huggie, and Miss 0. Conner.
The ship was in admirable order, and the baggage was
received and stowed away below with such celerity that there
was an entire absence of that confusion so frequent in large
ships when on the eve of departure. It was truly remarked
by an old and experienced sea captain, who is well known in
this port, that the rigging and general equipments of the
ship were exceedingly handsome, and that she is one of the
finest looking vessels that ever sailed from the Mersey. She
started from the Sloyne at ten minutes past two o'clock, and
reached the Bell Buoy in an hour and a half. Her draft of
water was 16 feet 7 inches forward, and 16 feet 9 inches aft.
A short distance beyond the buoy the pilot left her, and
joined pilot boa No. 6. At half-past four the Acadia was
hull down, nothing but her smoke being indistinctly visible
in the horizon. There was a breeze from the northward and
eastward so that she would, doubtless, set sail, and make a
fine run down the channel.