The Statesman.
London, England, 1810-09-29 00:00:00

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IRLS'II
.40V IAirghLIGENCE.

-nom—
FREEDOM OF EI.ECTION. - • -
HENISY MAGUinli V. THOMAS WEST.
This was an action brought by the plaintiff against
the Defendant, returning officer of the borough of
Downpatriek, fur 'corruptly refusiog his vote at•the
election in May, 1807.
The evidence on the part of the Plaiutiff proved,
that the Defendant •was appointed seneschal a few
(lays before the election ; that.he was at that time.
a common working slater, and an active partizan
of Mr. Croker, one of the.candidates : that not. '
withstanding his situation in life, ne had refuced the
assistance of Counsel, which was offered him at
the entire expellee of Mr. Ruthven, the other
candidate • that he appointed a carman, of the
name of Keeper, his deputy - and rejected a great
number of otes tendered for:Mr. Ruthven, which
had been received by the former seneschal, Mr.
Wallace ; and that Mr. Henry, an active partizan
of Mr. Cruker, sat beside the. Defendant during the
pull, and marked on the tally-papers such as were
to be rejected. The ,Plaintiti, whose house was
admitted to be worth 1(2 guineas yearly, *as re-
jected on the alleged grounds that his certificate of
qualification as a Catholic, was iosittficient, being
signed 46 R. Keown,. C. Peace," instead of Clerk
of the Peace at length.
The only evidence produced by the Defendant,
was Mr. John eraig,sattorney, who proved that he
was wet to Mr. Croker at the late election ; that
he took the opinion of ,Counsel on nine distinct
points to be made at the election, ead.that be parti.
cularly took the opinion of Mr. Harding Gilfard
on the Catholic certificates, who war of opinion
that the signature of " it. Keon-n, C. Peace," was
insufficient; and he declared in his opinion the De.
fendant decided conscientiously.

On his cross.caamination, he admitted that be
took the opinion of another Counsel, who differed
from Mr. Giffard, and that the production of his
opinion was a jockey trick."
Judge Fort charged the July in sUbstanCe as fol-
lows
Gentlemen of the Jury—This is an 'action on the
case brought by the Plaintiff against the Defendant',
fur malieioUsly rejecting his vote at the late dee-
for this town. In a case like • this, it is nut re. ,
quisite.that any particular malice should be proved.
If the general conduct of the Defendant in the ex.
ecution of his office appears to you to have been
actuated by any improper -Motive or feeling, it is
sufficient ; the simple fact for you to ascertain is,
'whether the Defendant has acted corruptly or par.
tially in discharge of his duty on this occasion or
not. It appears from the evidence you have heard,
that seneschals of the. borough have been hitherto
persons of „high .respectability, yet they always.
considered it necessary..to have the assistance of
Counsel ; andl cannot avoid mentioning particu.
larly the situation of the Defendoott, a common
working slater, a mechanic, known as such to
'lvory oue in town, -emergiug at
.once from ob.
icurity, and placing. himself in . a situation • for
which ho was unfit and unqualified, either
from , habit or education. Stepping into the

place, and assuming 'in an ltislailt the conse.
quence of a Judge, he presides at the election,
when be was sworn to act honestly and impartially,
takes epon him such unheard-of authority, and'
tramples under his feet the very appearance of jus.
lice; yet this mail, so unqualified, untutored,- and '
debased, still continued in the judicial office, and
has eyew been tewarcted with art:lonic employment.,
Far be it from ii?e even to hint at any imputation to
a man rising froM obscurity by honest Means •and
lamest ambition to the highest offices of the state,
if by education and previous habits he is qua.
liked ; but here this Wan, ignorant and illiterates
stepping at once into the seat of decides
on ,the most sacred rights of man. .He must have
been conscious 'of fist own unfitness; yet, being a
itilst active partisan, with An ignorant mind indu.
eticed with patty prejudice, he takes the situation,
and decides it once upon the law. If be was actu.
;ilea by honest motives, .would he not have sought
for the assistance of Counsel ? Gentlemen, the
Plaintiff'S case is in a narrow compass.; he is a Ca..
thnlic, and the Legislature requires him to take eel..
win oaths, and to produce A certificate to qualify
I him to vote. Ile produces one signed by the pro.
fper officer, the Clerk of the Peace, hugit is ob.
jected that it was insefficient ; Craig produces the
opinion of Mr. diffard to sustain.tbe objection, and
to influence this wretched ereature's,decision, he
' himself basing actnallx advised Aim. agalast haying
Counsel. 13,efetodatitssysiteergeld begoverned by his
own emisclence, and rejects the vatic. Are these the
acts of an honest man ? Nu, they are the acts of 1
a low, tricky, wretched. instrument, placed in-- a
situation to disgrace the justice of the country, and
to execute the plena ufliis confederates,
Gentlemen, the elective franchise h of the highest
nature ; it-should be sccured...it should be cherished.
Itever suffered tole trilled with, there is an end to
our. liberties. Should these our dearest rights be
-infringed, it strikes at the prop, the foundation of
our glorious constitution, whichi thus *Oiled and
mined; meat tumble to the ground. '
• The Jury retired' a ahort time,, and returned a
verdict tur the Plaintiff, 2501. damages, and tad.
costa. .

Among theordihances promulgated 41 St. ffelena
in 1709, we find the fallowing curious passage:—
Whefeas several Idle, gossipping women, malteit
theli buiinest to go from house.fo. house, about 'the
islaml, inventing and .spr:Oding false and scandalous
reports of the good people thereof, and thereby sorb
discord and debate among neighbours, and 'Often be.
I •
twe dis men and their wives, to the great -grief. and
trouble-Of all-good and quiet people, and to thout.
ter extinguishing of all friendship, amity, and good
neighbourhood, foe the punishirient ond suppression
or hereof, and to intent -that all strifir may -be
ended, charity revived, and frientlship continued,
'are do order, that if nny woman from liencefor.
vault shall be convicted: of tate7bearing,
.mischief.
making, seulding;tlrtiokenneSsi or mir 41her noto-
rious vices, they shall be liuitlshed liy.ttOrkeng,
whipping, or such otherpunishitiersts4s their crimes
or transgressions shafickserie, at the Governor Ind
Council shall think fit."

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~.1 i

144 V, -sThereaKAN.

7117777'

,PoLtag.
POIIUE.. . .
now-reacrr.—ThoOfficers and patrole befong:'
ihg.to the above office, Were extremely active in
apprehending the pickpockets in the crowd at the
pilloring of thejlrere.xtreet gang. Old Pullen,
who was there,. however, escaped their ,igilance.
Samuel Brooke was brought by [Jack, on Thurs.
dap evening. to the office,' before Mr. REiD.
Peter Stichell, of 'Peter.street, Westminster,
enelmeter, said, that he was. among the crowd in
the Haymarket, when hcmissed his pocket-book
.out of his coat.pocket, au.d turning round, saw the
Prisoner next to him,..when he charged him with
haring his pocket-book. The Prisoner held it. up
to him, saying, 46. Is this your book ?" upon
which he secured him, and delivered him to Lack.
The Prisoner was committed for trial.
James Brown was brought by Edwards, one of
the patrole, charged with being among the creed
for the purpose of picking pockets, who stated,
that, knowing him to NI a reputed thief, he went
up to him, when the Prisoner made off; he pur.
sued and secured him, when, on .a search, he found
two silk handkerchiefs upon him.—He was dis.
Charged.
James Britain was also brought from the crowd
by Edwards, who raw the Prisoner in company with
three reputed thieves. He was discharged. •
. William Hall was charged by Welch, the pa.
trole, who stated, that he saw. the Prisoner among
the crowd, and heard the cry of " Stop thief !"
and observing the Prisoner running up the Hay.
market, he pursued him into Piccadilly, where he
secured him, and found twn.silk handkerchiefs in
his hat. He wai contained for further examination.

A young man was brought by H. Adkip., and
Salmon, charged onvsuspicion of being in the crowd
for the purpose' of picking pockets, wliich they
were induced to do from his behaviour, and on their
going up to him, he told them they were mistaken,
and that he was an officer ; they nut giving credit to
his assertion, proceeded so .search him, and found
a constable's staff in his pocket. The master of
-the Prisoner attended, and proved him to be his ap.
prcntice, and gave him a good character ; but was
unable to account fur his having the staff, or pre.

tending to be a constable. Ile was discharged.
John Tregear, au istant porter at the Sara.
cc 's
-head, Snow-hill, was brought to the Office,
charged with extorting 115. ltd. from Mrs. Daw-
son, of York-street, Covent-garden, he having
charged her with that sum for the carriage and nor.
terage of a hamper, which, on examination,
proved only to contain stones and brickbats. The
weight of the hamper, and the charge, induced Mrs.
D. to have it opened in the presence of the Pri-
Boner, who said, in his defence, that he received it
from the regular porter, with other parcels, at the
top of Drury-lane, from a cart.
Mr. READ ordered one of tile Wrote to take ths
Prisoner to the Saracen's-head, to ascertain if he
belonged to the Inn, which he did; it likewise ap-
peared that the hamper had come by the Exeter
coach, but that the charge fur the carriage was only
9s. 6d. and the porterage 6d. The hamper was re-
gularly entered in the way-bill ; but a mysterious
discovery was made that a parcel, containing ,a
goose sod some fowls, sent from Mrs. Dewsoo's
husband, who was in Yorkshire, the day previous,
to the same Inn, which she regularly received, was
nut in the way-bill.
The I Is. lid. was, we understand, retuned to
Mrs. Dawson yesterday morning.
MARLSOKOUDI-STREET. —George Cohen, a Jew,
was charged by a Mr.. Alnatn with picking his
pocket of a watch and appendages, during the pit.
luring of the Vere-street miscreants on Thursday.
The Prosecutor felt the watch go from him, and: al.
though surrounded by *gang of pick-pockets, he
Wined the thief. The Prisoner was fully cotamit-
led for trial.
Two young women, of the names of Read and
Coffer, were charged with stealing a pocket-book,
containing divers batik-notes and bills of exchange,
the latter amounting to a considerable sum, the pro.
perty of Charles Vaughan, Esq. It appeared in
evidence that the Prisoners were domestics in the
house, end on the 24th inst. Read, who was the ser-
vant of the house, went to make the bed of the Pro-
secutor, who was a lodger, and at her request Coffer,
who was servant to another lodger, went to assist her.
Road was called down, and on her return to the
other servant, elle informed her that she had foetid
soft note in the bed, and Read gave it to her mis-
tress. On the return of the -Prosecutor; he dis-
covered that his bort:an bad been broken open, and
the property stated had been stolen. There were
other strong circumstances against both Prisoners,
and they were remanded.

A few days ago war committed to Lincoln Cas.
the, gn a charge of having stolen two horses, the
property of Mr. Creates, of Frith Bank, during
the night of Sunday, the 2d inst. Robert Miller,
a Yorkshireman, who some time ago winked as a
blacksmith', at Sibley, near Boston. The cireum.
stances connected with this rohbery are singular :
—As soon as the hiss was discovered•on the Mon.
day, every inquiry was made in the neighbour.
hood, bur without effect; on Tuesday morning,
however, .Mr. C. learnt at Boston, that a suspici.
ous character had come several times lately by the
-paeket.tiCsat from Lincoln, with a saddle, and that
the same man had •heen observed lurking about In
the neighbourhood of Frith Bank. Inconsequence
of this information, his eon let out the next morn.
ing • for Hull. In, crossing the 'Nisbet, in the
paekci, he related the circumstance of the robbery
to the• passengers; when a person named Nettle..
ham; a carrier, told him, that he had passed ovor
to Hull with a man and horses answering: the de.
Acription, on Tuesday. Gaining no certain infor.
.motion at Hail, he proceeded to York, *where he
' searched the public stables, 'but in' vain. While
there, los received a letter froin Hull, stating that
Nettleham, having accidentally mist the man' whom
therwere its pursuit of, had detained him. Whilst.
Miller was undergoing his examination at Mill, the
Magistrate üblerted,. that he 'was -sorry to see to
young a man Charged with such a-heinous 'offence,
end etkeitter his foie that it Would go. hard -with
hids the' fellow replied, with the utmost loafer.
epees " that he supposed thegallowe would get him
through it.".

7T.l,7rrer,!rwrr,mr.7.mr

•
ME' MARK&IS.

Ok HOPS.

PRICE OF T
St. James's Market —43 3itl
Clare Market
Wititechapel Market 4s tal
per st. of 81b.

Corn-Inspector's Iteturo.—TiouitsmaY. *cm 27,
W amity per. loal ' —s. to'tt.
Mirky, per quart; r... Stir. I,§R. —4l
Oats
. • Beaus p —tl. t.i &A.
• • Peas
SMITH FIELD— &Arr. 29.
To sink the 0341, per snare of tilh.
Boer ....4s. la. to :is; LW: 1 liea,l ut Cattle this sly,
Mwt(en t.d. du tis.. us. Beasts ........ ....
Veal ....sa. Ud. Io is. OA. Sheep uusl Lithuhm. .
Pork 0.1. to is: • u.L. Calves
lfr:••
•
Lamb . • Li& Od. to Os. oil. . .... 1.
HA 1 -MARICHT. . • .414
flay
Straw
Clover , 6l. 10s. od. to 101. 0,.. 0,1.

NEWGATE ANI) I.E.At)i•AIIALL MARlin'ors,
(II) the Careaw.)
Beef Bd. to 4.i. 6.;. 1 Veal ....4s. 41. to 51,
Mutton "Is. 44. to ir. Od. I Pork .64. lid. to
tl
Lamb - - as. to lit. 4d.

PRICE OF HAY AN I) s Emmy YESTERDAY.
ST. JAML9 5. WIIITECHAPLA.
Hay, 51. :h. to 91. 9s. 0.1. Hay, 61. t 1 &IL
Straw, 31. 6). to il. 12b. 0.1. Clover, 0). to
Straw, .21. Ist, to 31.
•

I
11 tOS. POCKETS.
Kent, 31. 0.. to 11. 10.. Kent, :n. 10,,iii IL ak
Sussex, '2l. 16.. to 31. ltts. Stbwvt, SI. IN. to 51. A.
Lessees, SI. 0,. to 41. WI. Fantmtrw, 61. kr.„ to 141:0::
New Wirt - 61. to 91.
' --or—
RAW 1111)E.S.

Best Heifers and Steers (per' t)rdidary 2s. od. tr, %. 41.
stone) 3s. ed. to 3s. 4d. Market Calf 15.. 0,1. esid‘
Middlings 2s. 2d. to 21. 104. Log. HUM' I.ls. 19 45,0 d.
Soearliags- - • s. it'd. to Os. Ud.
Limits Skins - 2s. Otl. to 3s. 1141,

A L,LOW,
Town Tallow 7% 6d tosla
Yellow Russia 1:1:,id 11%04
‘Vnite oitto aka
1 Soap ,title •• • bi-,N Poled
12s Melting Star .. kki into
Average
Graves
(Wad l)veAs . ill
Yellow Soap, 90s—Mottled. lt)Js—Piecet, k 04—Card,

• 104s--Costile X.O; Us u
Price of Candles, per dozen, lb 041-31uu;d41$14i

COAL 11 A ItKET—Stirs..2&•
Ships at Market. Ship, sold. Prim
61 Nearasole
3 Sunderland
1 Welch
2 Outer,

TYTUEII.—Am tog the other disputes on this sob.
jectove understand a suit has been instituted by th
minor Canons of St. Paul's, • against the Bishops(
Lincoln, as Dean, fur tythes of the deanery, et
2s. 9d. in the pound. • The Bishop resists the de.
wand. In this suit ►Messrs.. Webster, of. Quees.
street, Cheapsitle, are the Solicitors for them*
Canons, and Messrs. Smith, of the Chapter Hess*
.St.. Paul's, for the'Dean.

_ .
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An infant child, nut wire tlaan .iz weeks rad, en
. found, dead, in the King's Mews) on %Volvolei
night, writ-pped in a rug.. A (:ormier'St Ivry Ift
.
on the body, and delivered a verdict —FoodDer4
..
NlELAtrenocv Er car.--.-Sunday, the Sd imam, Air.
ineksnoi of Dewsbury, druggist, paid a 'bit Si, afraid to
Hotbedll gaol. There he thoughtlesaly indulged tea hone
Over the bottle, and on tsis seating out to return hame,iasvtahr
of intoxicenion, had to pass Dear a Methodist raettinplianst,
The people here being eivaged in their reit.' us service. kr
judged it a liggirtoik to ride ist, awl go near the,palph midi►
turb the con tint. ; for a lush imprudent act he ass takes
4.41
f * into'rustody, wad car back Mt therisiiii, As here he WN
kept in cooling* the night. &string appoiatoi towed
Mat. J. (wive watt er return from the funeral of it rister,)rd
tlig
Wakefield that , to ,T,o home with herMHeirstiar:,lt
scrawled it an which was infortunatel) hot delitcwil
till neat month orates for.the I. ss of her shier; and slam
' al the oon.appeiraare of her lambi*, pre ed 4.pira ner awl
daring the whole's(' the night, nor was tier assitor alleviated
by the receipt of his let ter. tir this state in enlist, she proceeded
in °chaise for Dewsbury on Mothlay munlng, where she to
rite,' in a wretched siatation,:ind en, oJu wised with the
pains's, prematurelabour. Ifyw several h-ars Mie ion *woe is
the house, where she delivered herself. and ill this AMVIWthI the
was found in the evening, utmost he a st:ite of exhattaina, by
her wretched husband. All means, tried to, LlVe tier, proved
ineffectual; she langulshea till 'f hursday, and thru expiredv—
The rnelanchol v eveut deprived her husband of ho rents, mai
derangement wits snon acrompanied by a vident fever, whirl
i put a period to his existvilfr OW the &dialling Monday.