The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1840-11-13 00:00:00

SECOND EDITION.

Standard Office, Two o'clock

EVERTON ELECTION 1839

COURT OF QUEEN'S BENCH, Nov. 12

TILE QUEEN AGAINST GEORGE QUAYLIP

The ATTORNEY-GENERAL (with whom was Mr. Cromp-
ton) showed cause against a rule calling on the defendant to
show by what title he claimed to be a councillor for the ward
of Everton and Kirkdale, in the borough of Liverpool, and,
relied on several objections, one that it was not sworn that
Mr. Quayle had been sworn into the office of councillor, or
in what manner he had exercised that office—it was merely
stated that he had been present at two meetings of the Com-
mon Council, which might have been as a. mere bystander ;
he cited " the Queen v. Statter," and pressed ithe court to
decide on this preliminary point, which would prevent the
necessity of going further into the case.
Lord DENMAN said that the case of " the Queen v. Stat-
ter" was distinguishable from the present, that the affidavit
of Mr. Quayle's having acted as a councillor was sufficient,
and that the case must therefore proceed.
The ArronNEY-GENBILAL then admitted that two cases of
personation by voters for Mr. Quayle were proved, but said
that there was also evidence-of personation in favour of his
opponent ; he admitted that Mr. Shand would be in a ma-
jority unless he were at liberty to attack certain votes given
for him, on the ground that they were not legal, by reason of
certain defects in the voting papers. He admitted that he
could not impeach in this proceeding the title of the voters
to be on the burgess roll.

Lord DENMAN observed, that Mr. Shand, the relator, had
no opportunity of answering these objections, and that he
therefore doubted whether the court could entertain them as
a ground for its decision, and he directed that this point
should be first argued.
The ATTORNEY-GENERAL then argued that it would be
most inconvenient if the defendant was not at liberty to im-
pugn the:votes given forihis opponent.

Mr. CROMPTON then argued the same point, urging that
this case depended upon the documentary evidence of the
voting papers.

Mr. KELLY (for Sir W. Follett) and Mr. HENDERSON,
on the other side, were stopped by the court.
Lord DENMAN.—Great as the inconvenience alluded to
by the Attorney-General may be, the inconvenience would
be still greater if the court refused to put the case in a course
of investigation. It is clear that the superintendence of this
court is most important in such cases. I will not disqualify,
any man as a burgess, without first hearing him. The refer-
ence to documents is by no means decisive. This is my pre-
sent impression ; but we will consider the point, and if we
see any occasion to alter our opinion, we will hear Mr. Kelly
before we conclude.

Mr. Justice WILLIAMS.—The affidavits for Mr. Quayle
leave the case of the relator unanswered, but lead into a dif-
ferent inquiry of facts which were not before the court. This
is no answer to the ease as shewn by the relator for inquiry.
The case stands over for decision.

ANOTHER FATAL RAILWAY ACCIDENT,
DETENTION OF THE LONDON MAIL.

An accident occurred last night on the London and Bir-
mingham Railway, at a place called Harlow, about 18 miles
from the metropolis, which,jwe regret to say, terminated in
the death of two men, and in the destruction of property to
a very considerable value. It appears that a luggage train
was on its way from Birmingham to London, about six
o'clock, at a moderate speed, when it was overtaken by an
engine without any accompanying train. The night being
somewhat dark, it is supposed the engineers could not see
the luggage train : a collision took place, which shivered se-
veral of the luggage waggons, and totally destroyed the en-
gine. The engine attached to the luggage train was so much
damaged that it will scarcely be fit for use again.
We lament to say, that two men, who had the care of the
engine which caused the concussion, were killed on the spot.
One of them was taken up immediately afterwards, but the
other was buried beneath the ruins of the broken waggons
and engine, and some time elapsed before he could be extri-
cated.