Court Of King's Bench, We...
The Times, 1824-01-20T00:00:00

* tus as aLn indjictment ugainst MrI. Jamesk lialse, an attornley, at le. vsr fbr'wmful and corctupt perittry, alleged to be committea by Ihirnon the trial'of a person nami-ed'Dunn, upon an infbrunatlois pre- flisted against hinm for perjury, by the Attorney..Gene?al. Mr. SCATULETT stated the case for the proestittlon. The charge agsiast the defendant imputed to him the serfous crim'e of p"erjury, coMmtitted in ordier to corceal the offence of bribery, in itselt a grave rnisdemeanoar, althouigh legs heinous than that which -was the sutb. Ject if the Prese;,t inquiry. As the charge arose, out of the eltction at St. Ives, in 18920 it would be better to introduce the ease by giv6 trig a history of that proceediing. The.borough of St. Ives waSi abi uncient borough in Cornwvall, not exactly of that order whiere voters receive a.specific sum for their Qu plort, but wvhere the inhabitants w-ete accustomedl to retuirn tmen vAi had local interest-, anatlto whom th"ey -er attached by rectijiocal kindnesres, Air. Riaise, hiowever. Qttempted to found un interest of his own~-not on behalf of any anrticulhr lndivieltual--.;ot on behalf of hny particular part5', bntr any cAnididiates whom he might choose to introduce. Ati electicn of 18220, Air. Rlaise published 'a hand-hill request-. 11 the tlectors to suspend their promises until he should bring d'ZiVil gentlemen to present to them, anid went to Lanslon for the Fu.epose of obtaininig candidates. How often, during his aLbsence, ttt put the boroughi up to sale, could wily be guefsed at butt 'onl his return he introduced two respectable gacntlenien, Mtr. Evelyn and Mlr. Grah-m, a,;his friends.. Had he chos-n to bring daown Sir Jeflcry Hudson and the Mtayor of flarratt, they wvould have been received at 'well. andl by what argumetits the worthy electors were convinced nmiglit readily be conjecitnred, when it was bnorm that the candidlates were of opposite political opinions, and wrere wiholly unknon, in the couintry. If here was no inhuptntion on tla.e anddats;they, no dloubt, irere ignoralit of the manner in '." h the money was applied, vifach was obtained from them for the ilkrlPurposes of thte electon ; but how, except bY tile infl,iellee~ ofilioney, could Mir. H1a1q, who had no othier means of itilutince, n'eure thie election of~ lirangers ? An active caniva&I -was com. "):-nced ; and M1r. ewrahlam had the larger nunter of votes, on whlirb it becamealn object with Mi-r. Halse to povide for the rerutti of M1r. EveI ,Yr,r He accordingly told thie Ybt6rs that they must give their votes co Mr. Evelyn or the wnlvtl dio nothing; requestetl themn CO go downt toi houe or tty' wouild tbrow away theix vote-s-, axi5 rAeminded them th2t heP -12d paid fifteen poutndIs wheh he O',and ten poundts When hie hiad lost. Ar. (raham and Air. AV,elyn weerturned 2gainst Sir Christopher Hawkins andl Sir VntrStirling. Tvr1 petitions were presented against their re- turn on the charro. of bribery. A person named Captain Duinn w;as examined before the comumitte, anid in consequence of his evidence, was prosecuted on so informiation for perjury by the A.Ae ,tomY0ey4'era.~ (In CaptairtDunn's trial, MIr. liLa,isewas examin- ed asaW5$55Ja him, and oia croessexamination was asked qurrlo5 endng o how that he had given m-oney to voters, and thatie hd mae atempt toiufluer,ce tfiem by ssyiog, that if thley dir. nt vteforMr.Graamthey would get nothing, and that on ~.orneroccaion hegave11 when. he won, and 101. if lie lost. Mlr. Rais, a hehada rghtto do, refused to answer questions respect. lag he istibuionof oney oni former occasions, but he positively dened he nnvr~tonsanti proinmes Respecting these, and somne ctlsr pointsf coduct tpresent indictent was framed ; in decid- ing hich th Xur wold rcollct he pobailities of the case in eat conatingto evidne ihwould be brought be- Hli.Jalse's evidence on thle trial OF Captain Dunn was read by Air V. Gurney from the transcript of his notesi in short-band. Aithur Rosewvall, an elector of St Ives, swore that on the Ist of lit1ach, I820, Dir. Hlase asked him' for his vote; he told him he a-nuld give one vote to -Sir Walter Sterling, and thie other to Mlr. I3ralbalm He asked hiim to vote for )fr. Evelyn; they did not c-se* but he reque-,ted the Witness to come to him in the evein; ind ten said thlat. beewished him to vote for Mr. Evelyn, beas It-J. Graham ha; a majority of votes already. The witness, thioughi muceh Pressed,- said he coula recollect nothing further. Tma reen staid that he was canvassed by Air. lIaise for Afr. ~a'ly ;-e aidhewould vote for M1r. Graham and Sir IV. Stirling; Air Uaqe oldhimto come down to his house or: lie would get no- thig..Mr.liase ftewars sw him, and told htim it was of no rae 6r im t voe fo Si W.Stirliiig-if he did, he would do no- thir~ He dded," Whn I.win I give 151., when I lose JO]."1 A~r.als hal fiens a th prvious eleetion he supported Air. On coasexainaton,thewitniess said'he hiad attended four timnes t an witness, for Sir hitper Hawkins, but had only been exa- rained at Dunn'stra.H wa-s in the employ of'Sir Christoplier Hawlins, that waA, in amine of which he was part ownler, tiUl three weeks ago, wvheni he became uniwell. Sir A 'Walter Stiling wvas a London banker. Neither of him nor of Colonel Mfead did lie hiear, till they canme to st. Ives John Bealnett stated that lr. Haise liad canvassed a voter namsed R?Ng, antLhe thougl,ttold him if lie would notgo down in thie even. ing hie Would get nothing. On cros.s-exaniination; the witness said that his niece Ann Down.. ieg biladchild named Gcorge Christopher Hawkins Dtunn,whom she b'tr=ed as her own. He was examined at Dunn's trial, and, as he 1'eas going in, a man, namned Boaz, snid to himn, " There, now go forth, And -show youirself a man." His two) brother's occupied land unider Sir C. Hawkins. Samuel Curno said he was canvassed by. Air. Haise for Air. Evelyn; he said he shouild prefer AJr. Grahamn, as he camne first ; MVr. D alse wvanted him to vote for both ; he replied he mneant to'vote for Sir WV. Stirling ; then he raid that the witness should get nothing by voting for hima, and desired him to come to town that evening, as there was no time to lose. Rn)bert Quick was called to corroborate Bennett respecting King: he said he saw Mir. Raise speak to King, but hea' d nothing then ; as they were parting, Mnr ~Haise told him he had bettjer come dlown, or he would get nothiing. Hlc also seated that Air, [faise said several times to Alex. Noel, and to others, " You had better give your voice, or you will get nothing;, we are sure of a double electioni." On csoss-examination the witness said. "1 He was examiined on Dunn'a trial, but then was not asked any tiing about King. He was also examined in the country, and did not recollert then caying that Mr lRalse used the expressions, only to Curnio and Noel. Matthew Richard5l deposed to a similar expression respecting "coming in the evering.- in the presence of Air. Graham and Air. Evelyrn; he wenlt in the evening with William Noel, Ephraim Hedger, and hedger's son. Wihen the names were put down, they asked for somethling to drink ; Mir. Halse said he could give them notlhin, but direced them to AMichael l3arawgrinamn, and he would give t iem 5s. ticket.% They went there, atid Jamies Young tool- the tickets out of a bag and handed them round. Cro5S-aXaminedl.-H1e was s,woyn respecting these tickets when Mlr. 31alze was tried in Cornwall, and did not go away from the assizsts with blue ribands. (A laugh.) Wii-arn Noel confi-rmed the last witness as to the delivery of ticketa by Young. Isra-el Quick said, that having agreed to vote for Mtr. Grahami, but refused M)r. Evelyn, Mlr. Halse said, "he hoped he wouldt not threw away avote and do nothing."1 Hesaid,whe hie wonhle gave Ia weni he lost 101. ; and the otherrpary gave nothing. Similar IsgaSO p asd in the presence of hs father. elQik,teelder,vass called to corroborate-thie evidence of sonasto heintrvewat wN-ch he was present. Mas' Pnbethysaid, Mlr. Halse cnnwe to ask for her husband's vot, ad osered" 1'ou had better all vote for me, and ou wil havesomehing ~lgave 101. when I lost, and 1wonwhen t Welwle's lecion."The witness -said, " You never gave my fater he 01.;" ie said nothing, Charles Ttichards's wife was alsra an sid,' hey say, Air. Ralie, you can't give it for two yeas ate th eection is over." He sa-id they could give it as; soon Lsthy I~ked after the election was over. Ephraimn Major stated,that he wen t to the hotel for a ticket, and received one from James Young. On1 ersii--'examisnatioa, the wittiosa said he was examined byr Mir. Paizntcr, andl said he knew nothing against Air. Hiaise. Jan- Bennett, the wife Of Pi'lfiP Bennett, was called, but proved Alt~nderNoeland Thomas Noel were called on their subptsnras. The Awonsus.-GENERAL obSzervedd that Air. Hlase, in his wsakdre93ectjng tile declaration about thle 151. and 101. spd c-ily s tThoDmas Rin g, and no other. ian~C.iyJUSa-IC7 cotnsulted the notes of Mdr. RalIse's tealtsny~ ad aseted to the justice of the iobservation. He re- greradcha th rearkwas riot made before, as much evidence had ~ ~ whch didnot WPidy to the case. 11.Sa Ti.r 4ubmidMstillthat the evidence applied, as the pro-afe he nt_s taitg te rtion to mcany persons rend eredl it more proabl heure itto king. clict 7nt I`w per]MT JwTJSTCEwasaclearly of opinion, that onan in.. Lment r assI v gning ta h eedn uttered words to c-lC'e 'ttOMld iot be bhowtn that he used them to another, If%s L< then,b,~e,tat the wrords respeting thle 151. and 101. 'ware 10uy p".vedl by one witness, and must,. therefbre, lbe dismissed Il-em the L-riddata0n of the jury. Thec- qusestion whether Air. Bolse ac Alnized the dlistribution of iickets wias withdsawn for the same rror,wn Th5 ATTO YGENERAL addressed the jury for the defend.. 2~t- lieobseeedthat the charge was onte of the de jes dye, and 0",~t~ e sppotedbY the clearest evidence.Air. altaIe', the tie- 'esnlmn, hadr ide or 30 ye= in the boroughsof St. 1LTS'e, highl;y rarpated ahlwI-rt!W ita. and so far firi-n possessing.no pey aoahinluece,he`aa.town-t.cerk an alderman of the borough, and enjoyng cns~eproplerty wiithin its boundaries. When danger -gem anrehe , nd a1 vOluteer easociatfon was p roeosed for the &fltn fla part of the country, r. alsase vas~ thel individual se- lected to take the lead. Under his auspices; a regen wa asdi .a few dlays; Air. Haise was appointed toc mmandt, and3 reisiedi overit fr ee er yas, 'with gtisachonourto him3elf and edvanrs4e to oth-rs Agzrnst this individual was the presqent prO5etliooidiL rected-.a Prom_ecutiOri which th u wudbe siurprisdt "I-17hp*cdL!rn.tiuted by,~ l hist .~~~Uzsvete(arntplG Hwknstotry CafVdmYmZ Oabaindt te- andlgio~?Siln)pttoe h os r_fCcMM= nainet soa theron,of rierm te seo Vit-;C Who were Feanimed to-day, we1remeyo bn'anie thcn; =d, yet the petition wa~s rejected on the mto fh oJ~ cftlie =ness. On that day, a persn nmdDn a ~ar In fia;uPOrt of the petittow, and gave scjvdsc htTe =HGWm of Colmmon Ordered the A-ttorney..Gen~ ofl nn0 ad igain him far-peijusy. On thatifnironh a re in ti; ocirr ; the Witnesset of to-dayerthnanied i i. sear; bat aftc-7 a trial of 13 hoursh, a on-uly h i, !:,Mt indlcmetit was an eittanpt toty e ainseam'lsin rZd1b2Witqe.-zesU- a-mrmuest~.Drnflvcuattuefome ,:rns wn latw con8iniiatste cxrernions use4 t;, t?ie..The : cap the he tathing.e ve:~v b~nst inahix hste1 or they wos(id ge nohi. - id .WerP,presen ,vih 6ll hdi eelz.swetIia?4hey dsdi noktheart'.r., 'Halse use te langu'age iispIoye4,-and , thiutther 'nst-have tiesrd ,Jnm if h1e adti. 'told,it,; Indleed, be .flievied that -lr. !Hale,amt . ex penenced. ec Ineeri gisge nf-coniversanst *it h the, borough tif St. Ives-aware o f tlie ethrac tter of Sir CheistopZtet f-Iawkirns--koovin ~ that there. wptad be a l etition agtainst the retarn of his- fileMs, soulld ubcl~iclo antd say that whi;ch nisestinseat-thlent, or that they would allow him to state it vithourreproXvi'ng him ?- 'The''learne'd Att9#ley.Gcueralprnceeded to comment-further on the detailsof the evidencC urged that if tbere were B balance df evidence, they were bound to zicquit b that tile tedttmony he i should ad- duce woould leave ot case beyond all doubt in favour of the de. fendant. Mr. nraham,tlhelate meqberfor St.lves,saidlherememberedthe Canvass in the county, with 'Mr.Evelyn, Air. Raise, Air. fitchens, and twenty or thirty others:. M,r. HiaIse kept near-him, to introdiuce him to the voters, and introduc'd Iiinm to nearly all. He cert'inly said, "There is no time to lose ." but he did not say " If you do not make haste, vou will get nothing ;' nor could such expressions have fallen from hini without beinig checked by the wimess ;. nor, ' Come down to my house, ot voni will get nothing." Such wvords were not used in his hearing. Air. laIse sometimes lefithe patty in the walk, but aiWays re-joined them at the entranceofthe houses whete-the Cahvass was to be resumed. On tross-examination Mr Graham saidt,that heonce Ileard a voter saying something to Al r. Halse about the promise of-a lease, and thought he seemed lil;ely to entertairn it, vhen he interfered, and said, "1 Hush, I inust not hear that; if your vote'depends unon it, I cannot accept it." He became arquainted with Ar.'HIals6 about a week before his arrival at St. Ivez. Ie.-SCAItLETT proposed to aPk lfr. Gra0hAAi who introduced Mir. tTalsecto him? air. Getaeiatm, as the qtiestiol, aKected'a third person, decined to mr. SCARIrETT proposed to ask Air. Griaham whdtt tim he paid to his agent for expenses ? Thela.RD CHiEF JUICV'E thought that the witness was not bound to answser the 4tuestion; and he declined to answer it. M \br. ScAni.kiv Ytben asked whether any account had been render. ed by Alr. latse'? The Loann VCsiEF J'UST1CE interposed, and said he thought the wiitneA entitled to the protection of the Court, Taken alone, the question meant nothing; if it was to lead to something more, then it might be liable to objection. 31r. SCAR5.ETT then proposed to ask thewitness if he knew from Mir. Halse what sum he received front irt. Evelyn ? Air. GItRug-Y objected to this qtestion al altogether irrelevant to the rresent issue it w% oinly a devise of Sir Christopher Hawkins to try over again the indictment for bribery determined atLaunceston. The I.On WrtEr JCrSTICE said, that when his turn came to address the jutry, heshobuld tell them that the issue they were to de. eide, was not whether bribery had or had not been comititted, but whother dir. alse en the canvass used the expressions which he had denied on oath, [It could not say, however5 that the question wvas so immaterial that it could not be put. Al r. SCART.F.1r repeated-the anestion, and ri!r. (trrtiam answered .; bi the negative. He ftirther said that he had never been at St. Ives before he had reason to believe he had a majority on the first tday's canvass; Mlr. tvelyni's was more doubtful. On re-examination, the witness said he thought the* lease asked for was to be granted by Sir Christopher Hlawkins, but lie was not Mfr. Evelyn, the other candidate, said that Atr. Halse introdluced himself and Ir. Graham to tie voters. No words respecting "get- ting any thing," were to his recollection used in Ilis liearing. He was near enoughi generally to hear what passed between Alr. Halse and the voters. On cross.examination, 5r. Evelyn said he did siot recollect the words, " Lose no time;" but liedid recollect Mlr. Halse urging he- sitating voters to a speedy decision. AMr. E3alse had no imoncy from bim on account of the election, but he had a small siim long after the whole was decided. lie had never any communication with himT on the subject of money. Whether there was any agreemiient or not on the subiect of money, he declined to answer. Mr. Richard Eitchins, surgeon of St. Ives, and brother-in-law to the defendant, said he was on the canvass,; Ilr. Halse was near; and he did not make inse of the expressions imputed to himn in his learing. Those who hesitated were asked to coine down in the evening and give their decision; but nothing was Raid about having IaIr. Rihlard Kernick, also on the canvass, denied that he heard ofr. Halse uise the expressions, and, specificaUy as to Curno and King, whom he heardl canvassed, denied tlte offer or p romise. On cross-exanmination, the witness said tr. Haise said nething about politics; he reconmmended the gentlemen as his friends. On re-examination, the witness said there were two parties at St. Ives-one. the friends of AMr. HaLse, -the other of Sir C. Hawkins. Mr. James Young, who was also on the canvass, carried the pro- mise book, and attended to what passed, declared that lie never heard Mr. Halse use the expression in question; and that if he had,he must have heard it. He did not hear Mlr. Halse say " Lose no tine." 1 Mr. James Ware gave evidence to the same effect. On cross-examination, the witness said hedid not recollect thathe sa-.d "Come on, my boys, we shall get 401, for it, as a double election." Air. SCAnT.ETT.-Did yoa not expect 301. yourself? TheWl itness._A man is often deceived in expectation. (A laugh.) Am I bound to answer the question ? The LoanR CiIEFr JUSTICE decided he was not, as it itight conduce towards his own criniitmation. The witness dlenied( ever saying to Captain Sanison, that Evelyn and Grahamu would hive 4,0001., and it would be a good election; they knew to a certainty what they were to give; and the voters ought to know for a certainty what tley were to have. Mr. Haise never told hiim what lie was to receive. kr. Edwin Lee, nephew and clerk to Air. IHalse, wlio accom- panied the candidates oa the canvass, stated that he never heard Mr. Halse utse the languagecharged. Mlr. SCARLETT replied.-He urged that his case was probable, and that it was not contradicted by the witnesses for the defendant. The principal qround of prosecution against Mir. Dunn was not the matter now in issue, but the transactions at a particular dinner, in which he wus contradicted by all who were present. The Loai) Cnuis JusrlCE pointed out to the jury the precise question they hail to decide-whetter Alr. Halse usted the expres- sions to the voters about getting or losing any thing:-not whether he used expressions tending to make them understand the saernthing -but whether he spolke to them in so many terms. His Lortlship theen read over aU the evidence applicable to this issue, and left the ,Jury to say whether they were quite satisfied that the defendant used the words imputed to him. The jury immediately retur;ned a verdict of Not Guilty. Some approbation was expressed, but was immedliately stopped on the interposition of th l,ord Chief .Justice. The LORn CttIEF JivtICu proposed, though it was 6 o'cloek, in the present state of the sittinCa, so try the next cause-an indict- ment against a person, na\ned litchins, for perju rv, arising out of the samne proceedings. On hearing, however, that it would take as long at least a.S the lasit case (wiici occupied the whole day), he di. rected it to stand fOr sths dlay tTuesday.) UOUrOF j6YTgNPR RR1VIP T- lo A btE N4, ON TUE PROSrCrT10X OF StR CHRtSTOPHER - )iAWIn lS, v. JAMES }ATSt.