The Statesman.
London, England, 1821-12-15 00:00:00

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4 43 Roberts
troma London. it the last Electionet.S4Mrs for;
ill'es'eit- and' Lont)on, in the Mouth of Jane. On
the first day of the poll,- be beard Alderman OitrVatt, I
one of the Candidates for the sbrievtity. declare in a
speech from thelustings, that be had been a Member
of the. Constitutional Amoclation, but that since be
bad become an Alderman, 'be bad Withdrawn his
name, conceivinrit incompatible with his *ligation as
Alderman, eo continue among them. as he might pos-
sibly be a prosecutor in his wan cause, 1p etpacity
of Magistrate ;be bad. therefore, ceased to jaiber of the Society. The Worthy Alderman been
pretty sharply handled by the Livery on tbiet occadea.
and this declaration had proceeded from him, in con-
sequence of the opinion which they bad expressed as
to his conduct, in becoming a Member of the Asso-
ciation. On the third day of the Election. however.
the Worthy Alderman retracted his words. Witness
could not state precisely is what language the Alder.
"man retracted bin previous declaration; be could not
even state the substance of what he said ; it was is
the course of a speech from the hustings.
Cross-examined—The Alderman bad been pretty
sharply handled in the Hall. There was some noise.
in the Hall, but not much for the Common Ha 110...
There were five or six hundred persons present. They
were tolerably quiet; he ooald sot recollect one word
of what the Alderman said, when he retracted, as the
witness bad before expressed himself. The Mammas
did on that occasion say, instead of retracting. that
be had ceased to be a Member of the Association for
a week before. Mr. Garrett bad been an Alder:eau
for some short time before the challenge.
This was the ease in support of the challenge.
Mr. GURUar then addressed the Jury en behalf of
the prosecution, and expressed his surprise at the objec-
tion which had been taken on behalf of the defendant.
A. it had been taken. however. be trusted he should be
able to thew most satisfactorily, that it was without
foundation in fact. He should shew by the evidence
of the Worthy Alderman himself. that be was not a
member of the Associetien at the time the panel was
returned. It was very true that he had been a sub-
scriber, but be had nothing whatever to do with the
details of the proceedings of the Society, and almost
the moment he became an Alderman be withdrew his
name. He had now nothing to do with the Society,
and was as indifferent as say other public officer could
be with respect to this prosecution.
Mr. Alderman Garrett, who was in attendance in
Court, was then tendered as a witness; upon which—
Mr. SCARLET? interposed, and objected that he was
not a competent witness in ihis issue, being directly in-
terested in the result, and in fact a party to the issue,
which was, whether he was or was not Indifferent?
A long desultory discussion then took place as to the
Sheriff's competency. No cases were cited on either
side bearing upon the question. The point was distressed
upon general principles, sod at length,
The Caine JUSTICE said, their being no authority
cited on either side, I think the safer course is to coast,
der the witness incompetent. Ido not, however, by any
means, pledge myself that the fact is so. It is a point
that deserves much further consideration, and I beg to
say that I do not decide any thing ; and I wish that it
may not be considered as* .precedent to be act, upon
hereafter. ..o.e.'' ' I.'''' i
- Mr. ShiwpagiM aim teisiosetets. a wittiest.
Ssamtned by Mr. So.sat.err on the wire dirt-1 be-
UM, Mr. Sharpe. you at limit are* ptioseoritoegn this
case—there is no doubt of that ? I apprehend there is
no doubt of it.
Mr. SCARLET? submitted' to the Court that Mr.
Sharpe was clearly incompetent as a witness; for be
had as interest in supporting the Sheriff if he could.
The CHIRP JUSTICE—Such an objection might be
taken in every possible case. No, I don't think I can
reject him.
Mr. Sharpe then deposed. that in December last the
Constitutional Association was formed. In May and June
last Mr. Sheriff Garrett was a Member of the Associa-
tion ; in May I know be was, and as far as I caa recol-
lect, I think he was in the mirth of June; but be cer-
tainly was in May, I think tht.gh the whole month of
May ; he ceased to be so some time before be was elected
Sheriff; but I cannot take upon myself to say bow long
he ceased to be a Member before be became Sheriff; he
did not act in the Society. be only subscribed five guin
neas: be never attended any of the meetings of the
Society.
Cross-examined by Mr. SCARLETTWIsti are you I'
I am Honorary Assistant Secretary—(A burst of
laughter through the Court ?)
That is not your way of business ? I mean to say
that I maint in that situation in the Constitutional As-
sociation. 1 am not in any profession. lam net in any
business whatever at this moment. I live upon
those means I possess. I was in the Manchester
trade—the cotton trade—two years ago; I Dever
had any other business. Alderman Garrett becowne •
member of the Association by subscribing his moneys
I cannot say that we have returned him his num* a I
am not awate that the money has been retailed to
him; it went into Vie general fend of the Society.
amongst the other subscriptions; I believe it is not re-
tuned ; Mr. Alderman Atkins is the Treasurer.
• Why do you say that Alderman thrum ceased to he
ama bur of the Association? Mr. Altknuan (her-
.. von the

subject. • •
Have cos got that letter here? No. I have it not
here; it is amongst the papers at the Society's ate*.
Was that printed Address circulated by yea (a'
printed paper handed to the witness)? Yes it was
circulated by we.
The• Address was not tendered is evidence.
This was the case for the prosecution to support the
negative of the issue in question.
Mr. SCARLET? addressed the Tryers in reply.. and
contended that oft Mr. Harney's own shewitor...tio.
challenge was made out, for it appeared that at the
time the 'panel was made the Sheriff was a hteathope of
this Association. and for any thing that spire* to
the mosey, he was at this ieetant a bleamber.
The boas CHIRP JUSTICE. in his charge $0 the
Tryers, observed, that in the trial of this issue there
was nothing whatever that could in the slightest die
geee east any reflection upon the personal. characta4
and .coadact. of the Sheriff. Throughout the whole
inquiry Own had bees; nothing suggeste4 which,
coed to give kite any pets,- uneasiness. ;
simply a question of fact, whether at ,thellime
•
panel waa.made he was,*
Member of this Asseelallii. 1
th the part of the defending*, it .WOS RTST(eti islllle'
challeag.thet Its was a afeetbers Thin v 4010 d,
o• -the tett of -tho proseoatio% .lout 14s:tortialtip eh-,
served, that it etas the duty 4 these Isho viabei ,W
**wet the negative of tip prep*ieo. slow_ .APV
• the most distinct, clear, aid sgtidecOry etidetare,iito '