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Whose money ?-I did not know that, I to offer himself a candidate for the borough of have said so before.
Hindon, at the next ensuing election, and So you went there not knowing whose mo- hoped he should have the favour of their ney it was, por what it was for 7-I was not votes ; Stevens said Mr. Hollis was an bonoureertain of that.
able gentleman, and would behave with boW bom did you understand it was for, whose nour, then the voters said it must be one and favour did you understand it to be ? --I under- all.' stood it was in Mr. Hollis's favour.
What else did they say ?- I cannot recollect Cross-examined by Mr. Batt.
what they said besides.
Did Stevens say any thing when they said I believe you were examined before the com- so at the Cross P-1 cappot say he did. mittee of the House of Commons, and gave a What did the voters say when Stevens provery long account of this matter there ?
-posed Mr. Hollis at the Cross ? - They said it Yes.
must be one and all.' What did you tell the committee was the Was there any thing else said ?- I don't reanswer Mr. Hollis made when the voters said collect now. • down and down ?-Mr. Hollis said, . It should Did you hear Stevens say any thing more at be so, and that soon.'
that time? I cannot recollect that I did. Was that the answer you made to the com- Was this Stevens, Jobber Steveps ?-Yes. mittee ?- That was down upon my exami- When was it afterwards, that you saw Mr. pation.
Hollis ?.-.The same day, at the Rose and You have read your examination lately - Crown. Yes.
What was said then ?---We were some of us Then you have read it to little purpose : the billetted there; be came in, and said he boped words you said before the committee were, he should have the favour of our votes and in
that he should be as good as any other gentle- terest: we told him, we had no objection, proman,' not that it should be so : now, you say, vided he was as good as another gentleman ; that in answer to the voters saying down and Mr. Stevens said, he made po doubt of it. down,' he said. It should be so,' which is the Was Mr. Hollis present? ---Yes. truth, they cannot both be true? If Mr. Hollis What was further said by Stevens ?... Noonly said one, now which is the true account? thing further : some of the voters asked him -The meaning of both goes to one thing. when it might be; he said, Your time shall be
I desire to know which of the accounts that my time; they made answer, the sooner the you have sworn to is true ? --That which I better: he said, once witbin a week be would have sworn last is true, and that is what I have do something for them. sworn in London.
Court. Did Stevens say all this ?... Yes, Mr. Batt. Then that which you said before, some of the voters asked him how much it canpot be true, of course.
might be ; Stevens lifted up his hands, holding Mr. Serj
. Dady. Did or did not Mr. Hollis up his five fiugers, and said, Gentlemen, twice say that he was recommended by Stevens to this: we took that to be, that it should be offer bimself as a candidate, and that he would twenty guineas. be as good as any other gentleman ?-Yes. Did you go at any time afterwards any
Mr. Batt. You said you just read over this where ? -.. To the White Horse, about a week examination; what was the reason of that ?- afterwards, according to Stevens's orders. To be sure not to make any mistake.
What passed at the White Horse P... I found You were afraid of not telling the truth I there Henry Huffe, Benjamin Cholsey, and suppose? -No, I came here to tell the truth. Jacob Stevens's brother, and another gentleman
How lately have you read it ? I cannot tell that I did not know. exactly.
What was done when you got up there ?... Tell me within a day or two?-When I was There was this gentleman a writing of notes ; io London about a fortnight ago.
there was a note put to me to sign it. You said just now that this money was Mr. Did you sign ii ?-.-Yes. Hollis's, what reason had you for thinking so ? Did any body else sign with you ?... Yes, -I could think no other, as he came to canvass Edward White, Richard Ingram, and James the town so soon afterwards.
Davis: the geutleman asked me to drink a William Crabb sworn.
glass of punch, which I did ; the note was put
into a hole over the door, and I put my Examined by Mr. Serjeant Grose.
up to receive the favour. Do you live at Hindon ?-Yes.
For whom were you to receive it?.-.We Do you remember Mr. Hollis's coming to took it, that it was to vote for Mr. Hollis
. Hiodon ?-Yes.
Did any body tell you whom it was to vote When was it ?-In August.
for?...No. Whom did be come with ?-With butcher What was it you received at the bole of the Stevens.
door ?--- Fifteen guineas I received in my band. Where did you first see him at Hindou ?-At Did the rest receive any thing !--They put the Cross.
their hand to the hole; I cannot tell what they What did he say there ? -That he was come received.
Cross-examined by Mr. Mansfield.
to the praise of having reclaimed his electors Who were present at the Rose and Crown from this inveterate abuse of their franchises.
Each of the ioforinatious contained several when this passed that you have mentioned ?--There were eighteen or nineteen of us : there counts, and both Smith and Hollis were found was one Joseph Lamb.
guilty on all the counts, in the informations Who else?....I cannot recollect.
against them. Most of the counts charged Not recollect one ?... I cannot say I can, to them with acts of bribery committed in October, be certain.
1774, immediately before the election. For Was Richard Iogram there? I cannot say. 1776) to actions on the statute of 2. Geo. ?
those acts, they were liable still (until October, Jeremiah Lucas ?... I cannot recollect. You can recollect nove but Lamb ?---No.
cap. 24, and to all the penalties inflicted by Can you recollect any other man that saw
that statute.* The court of King's-bench, in this holding up of bands ?---I suppose, every don, when the defendant was found guilty on
the case of the King against Heydon, or Haybody there must see it.
an information for bribery granted by the Court, [Elias Stevens was called upon bis subpæna, respited the judgment, till the time within but did not appear.]
which actions on the statute might be brought Mr. Serjeant Davy. My lord, we rest our was expired,t in order tbat he might not be case bere on the part of the prosecution. twice punished for the same offence; and,
Mr. Mansfield made a speech to the jury in nearly about the same time, in the case of tha behalf of the defendant, but did not call any King against Pitt, and against Mead, they, on witoesses.
the same principle, established it as a general Mr. Baron Hotham then summed up the rule, pot to grant informations for bribery in evidence to the jury, who by their verdict pro- future, until the end of the two years allowed pounced the defendant Guilty of the charge by the statute, for proceeding by way of acalledged in the information.
tion. This rule, however, could only operate Mr. Calthorpe and Mr. Beckford were ac
upon informations granted, by the discretion of quitted.
the Court, to private prosecutors, and could
not affect those filed, ex officio, by the Attorney On Monday, May 20, being the last day of General. The reason of the rule is, indeed, Easter term, 16 Geo. 3, Smith and Hollis were
equally applicable to both, and in cases of inbrought up to the court of King's bench, to formatious, er officio, the Court might obtain receive the judgment of the Court, but as the the same end, by respiting judgment, as in the judges were desirous to have longer time to case of the King against Heydon, till the ex.
But the rule, consider of the proper punishment, they were piration of the two years. committed till the next term, to the King's- ibough general, was never meant to be unibench prison.
Versal; for in the case of the King against Pitt, Previous, however, to ibis commitment, viz. and against Mead, lord Mansfield said, “There on the 16th of May, the new election for Hin- may possibly be particular cases, founded on don took place, and Mr. Smith having again particular reasons, where it may be right to declared himself a candidate, he was returned, grant informations, before the limited time for together with Henry Dawkins, esq.
commencing the prosecution (on the statute of
2 Geo. 2, cap. 24.] is expired." || On Saturday the 8th of June, being the se- Mr. Justice Aston now detivered the judg. cond day of Trinity term., 16 Geo. 3, Mr. Smith ment of the Court. After stating the qualifica-, and Mr. Hollis were again brought up for judg- tion with which the general rule bad been acment.
companied in the above-mentioned case, he obOn the former occasion, Mr. Serjeant Davy, served, That there was a very great difference as counsel for Mr. Smith, had informed the between the cases in Burrow, (where the of Court, that bis client had, a few days before, tence was the bribing of a single voter, and the been re-elected by a great majority of voices, prosecutions carried on by private persons, who to represent the borough of Hindon, and since might also have sued on the statute) and the there was not (as he alleged) the least shadow present instance, which was that of a general or pretence, for any charge of bribery against corruption, and the prosecutor, the Attorney him at that election, he hoped that would ope. General, acting under the express order of the rate with the Court in mitigation of the punish House of Commons. He entered largely into ment they inight think fit to inflict upon him, the nature, enormity, and dangerous tendency He said, that at his first election, instead of of the offence; taking notice that among many introducing, for ihe first time, corruption into evil consequences, one of its most obvious efthe borough, Mr. Smith himself had been led fects was, to give rise to the crime of perjury, astray, and induced to the offence of which the verdict of a jury bad found him guilty, by * Vide Douglas, vol. 1, p. 410. the established, and almost universal practice, + 3 Burr. 1359. # Ibid. p. 1340. among the voters of Hindon, of exposing their $ For the difference between these two sorts suffrages to sale; and that by the purity with of informations, vide Blackst. Comm. vol. the which the last election had, on his part, been p. 304, 4to ed. conducted, he was, in some measure, entitled || 3 Burr. p. 1340.
because a voter who has sold his vote, or has | Justice Aston and Mr. Justice Willes, before been even promised a reward for it, must, if the other judges were come down. Yet, I the bribery-oath is tendered to him, be guilty presume, it is to be considered as having been of perjury, before he can be admitted to poll. done in court, since the recoguizance was upHe traced the history and gradual progress of dersigned "By the Court."* election-bribery, and of the different remedies The reader will remark that the same inca. which the House of Commons and the legisla- pacities ensue upon a conviction on a prosecu. ture had provided against it; and mentioned, tion for bribery by way of information at comparticularly, that a very gross scene of corrup- mon law, as when the proceeding is by an action which had taken place at Beverley, in tion under the statute; the disabling words in Yorkshire, in the year 1727,* had giren rise to the act of 2 Geo. 2, cap. 24, sect. 7, being as the statute of 2 Geo. 2, cap. 24.
follows: The Judgment he delivered pearly in the “And every person offending in any of the following words:
cases aforesaid, from aod after judgment ob" The Court has taken into consideration the tained against him in any such action of debt, imprisonment you have already undergone, bill, plaint or information, or summary action, and they adjudge that you shall pay, each, a or prosecution, or being any otherwise lawfully fine of 1,000 inarks ; and that you be impri- convicted thereof, shall for ever be disabled io soned six months, and until you pay your re
vote in any election of any member or memspective fines.
hers to parliament, and also shall for ever be “As to you, Richard Smith, the Court can- disabled to hold, exercise or enjoy any office or not help expressing their astonishment at what franchise to which he and they then shall, or appeared from the mouth of your own counsel, at any time afterwards may be entitled, as a that you continued so boldly to persist in your member of any city, borough, town-corporate
, attempt, and that you have been again returned or cinque port, as if such person was naturally for the same place. They therefore have dead." Douglas's Election Cases. thought proper to add to your punishment, that, at the expiration of the term of your imprisonment, you shall give security for your good behaviour for three years-yourself and “ 1776, 17th May. The Attorney General two sureties--you to be bound in 1,0001. and came into the court of King's-bench, and each of the sureties in 5001.”
moved for judgment against general Smith, for ; lo consequence of this judgment, both the bribing the electors of the borough of Hindon: defendants were conveyed back to the King's. Mr. Justice Willes stated the evidence against bench prison, where they continued till the 230 him. As soon as he concluded, serjeant Davy of November following. i.e. for the space of and Mr. Mansfield endeavoured to mitigate the 168 days, or 6 lunar months.t
sentence, by shewing how much the general On that day, their fines having been paid had already been punished for his offence, the into the hands of sir James Burrow, the clerk great expence he was at, and likely to be at. of the crown, some days before, Mr. Hollis In answer to what was urged in bis favour, the was discharged by the marshal. Mr. Smith Attorney General insisted, that the reasons was brought up to Westminster-hall, and in given in favour of him, only aggravated bis the treasury chamber of the court of King's guilt. Lord Mansfield then began by express
: bench, was bouod over agreeably to his sen- ing his concern that the defendant had brought teace for three years. This passed before Mr. himself into so disagreeable a situation, pursued
the Attorney General's idea, that as to the erIt is impossible to collect any thing of the pence, the general brought it on himself by particulat merits of this case of Beverley from procuring a return by corruption; that the the entries relative to it in the Journals. Vide voters being willing to receive bribes, was no Journ. voli 21, p. 24, col
. 1. 1 Feb: 1727-8, justification of the giver, that such punishment p. 188, col. 1, 2. 22 Jan. 1728-9, p. 236, col. should be inflicted as would compel the candi. 1, 2. 25 Feb. 1728-9, p. 249, col, 2. 9. p. date to be honest, that the present case was of 250, col. 1. 4 March, 1728-9, p. 259, col. 1; the most serious nature.
An officer of the 2. 8 March, 1728-9.-Douglas. + “A month in law is a lopar month, or 28 conviction. A man endeavouring to get into
crown, on behalf of the public, prosecuted to days, unless otherwise expressed, not only be. the senate by corruption; this crime called for cause it is always one uniform period, būt be- ample punishment by way of example; it was cause it falls naturally into a quarterly division the first instance of the kind heard of, and hy weeks. [Thus in a case in Dyer, 218 b. should be maturely censured, as it would be on the statuie of enrolments, the six months impossible to preserve the constitution from were reckoned of 28 days each.}" Blackst
. ruin, if courts of justice did not act with viComm. vol. 2, p. 141, 4to ed. There is ano- gour, when such matters came before them. ther reason why, in cases of punishment by His lordship then ordered the general for the imprisonment, the computation shonld be by present to stand committed, and to be brought lunar months ; namely, the favour which is always to be shewy to liberty, where the terms pre ambiguous and doubtfül.-.Douglas.
I was favoured by sir J. Burrow with the account of these circumstances.-Douglas.
up the first day of next term to receive what- “ The day following, one of the voters at the ever sentence the Court should think proper to same election was brought before the same pronounce. Mr. Hollis, the other candidate, Court, to receive sentence for wilful and corrupt standing upon the same ground, was dismissed perjury, in bis evidence before the House of in the same manner, and both sent to the Commons, when he received sentence to stand King's-bench prison.
on and in the pillory, with a paper on his fure. “ June 8th. General Richard Smith, and head signifying his crime, "Wilful and Cor. Thomas Brand Hollis, esq. the late members rupt Perjury,” twice in the town of Hindon on for Hindon, were brought before the court of market-days, between eleven and two, the first King's-bench, in order to receive sentence, time to-morrow se'nnight, and the second the having before been convicted of bribery at the Thursday following. And accordingly on last general election, when sir Richard Aston Wednesday the 19:h following, he was brought prefaced their sentence with a pathetic speech, from the King's- bench prison to Fisberton in which he expatiated on the enormity of the gaol, Wiltshire, and on Thursday was carried crime, as, by violating the freedom of election, to Hiodon, where he was placed in the pillory and corrupting the electors, the British consti- for the first time. He was met on the road by tution, the most perfect in the world, could only a number of his friends, with two flags, and be undone, that the crime of which they had blue ribbons in their hats. The populace been guilty was aggravated by the tendency it treated him very favourably, their attention had to lead the ignorant and unwary to the being taken off, in a great measure, by a percommission of that borrid and foul sin of per. son mounted on a stool, who sung and sold an jury, the only barrier between God and man. election ballad, much to their entertainment.
From these and otber reasons equally forcible, He was brought back to Fisherton gaol in the
Hist. 575, et seq.
560. The Trial of an Action brought by STEPHEN SAYRE,* esq.
against the Right Hon. William HENRY Earl of RochFORD,
Valentine Grimsted, Edward Hawkins,
Charles Matthews, Redburn Tomkins,
William Downes, John Biggs, Mr. Attorney General, Mr. Solicitor Ge
William Clarke, esqrs. neral, Mr. Serjeant Davy, Mr. Wallace, Mr. Serjeant Walker, Mr. Dunning.
THE Declaration was opened by Mr. Lee,
as follows: * I suppose that he was the person mentioned by Mr. Douglas in his Reports of Gentlemen, This is an action brought by Election Cases, vol. 5, case 26. Seaford Case. Stephen Sayre, esq.; against the right hon.
† As the original publication contains not Henry Earl of Rochford. the speeches of ihe Counsel, or the Lord Chief The Declaration states, That upon the 23d Justice's charge to the Jury, I have inserted in of October, in the year 1775, the defendant did, notes the report given of them in the Morning by various illegal violences, enter the plaintiff's Chronicle newspaper of June 28th, 1776. In house, seize bis papers and bis person, and the Annual Register for the year, History of commit him to close prison for several days, Europe, p. 53, is a brief account of the arrest contrary to law; which the plaintiff lays to his of Sayre.
damage in 30,0001.
To this the defendant pleaded,
messengers, and from there we went to 'squire First, the general issue of Not Guilty: Sayre's house.
And then several other pleas in justification : What messengers ?-I don't know their and his justification is, That he was at that time names, two of the king's messengers. one of the lords of his majesty's privy council, For what purpose did you go to Mr. Sayre's and one of his majesty's principal secretaries house ?—They had got a warrant, they said. of state ; and that, upon an information upon Did you see that warrant ?- I did not read satb, by one Richardson, against the plaintiff
, it, they had it in their hand. for treasonable practices, he did issue bis war. What did you do when you came there ?rant to arrest the plaintiff for bigb treason, and they knocked at the door, the maid-servant to seize his papers ; and did issue anotber war. came and opened it: they said they wanted to rant to commit him close prisoner to his ma- speak with 'squire Sayre about some particular jesty's Tower : this he pleads in justification. business : she went up and told the 'squire, I
The plaintiff bas replied, That this was done believe; she came down again, and let us into in his own wrong: upon that issue is joined the parlour on the right-hand, and then the which you are to try: we shall bring our evi- 'squire came down; they shewed him a paper, dence and prove our case; and upon that we the warrant I suppose it was, and said they trust, that ihe justice of your verdict will give must look into his apartments for some papers. us ample reparation for the injuries we have They must search for papers ?-Yes. sustained.
Did they read the warrant ?-Yes, they read
the warrant to bim. After Mr. Lee had opened the declaration, Wbat did they do in consequence? – As soon Mr. Serjeant Glynn went at large into the he shewed them all the desks where they were
as the 'squire had settled a-bit, and got ready, facts and circumstances of the case,* and then proceeded to examine the witnesses, as follows:
Did they take any thing ?- I believe they
took two or tbree away, I cannot say which. Joseph Wood sworn.
Did they search among his papers ?—Yes ;
I stood by, and the 'squire was by. Examined by Mr. Serjeant Adair. Where did they go, and in what mapper did What are you?-A shoemaker by trade. they behave ?-They belaved very genteel and What else ?-A constable.
quiet. Do you remember being at Mr. Sayre's What did they do with his papers ?–They house ?-Y I was called upon on Monday read a great many over, and ihose that they morning by Mr. Bond, sir Jobn Fielding's did not want, I suppose, they left. clerk, and I went along with him to the king's They examined them ?--- Yes.
* In the Morning Chronicle of June 28th, 'deducing from the whole such inferences as 1776, the opening speech of Mr. Serjeant were most likely to alarm the jury and bring Glynn is reported thus:
the circumstance home to each man's breast. « The Recorder of London, as leading coun- He painted in the liveliest colours the injustice sel for the plaintiff
, opened the cause, and stated of issuing a warrant to seize a rhan's person the grounds of the action to the jury, begin- and papers on an information not less impruba; ning
with an account of the mode of putting ble than ridiculous : he urged the inquisitorial the first warrant in force on the 23d of Octo- stile of the private examination of a man so apber, by sevding three of the messengers of the prebendedl
, and the manifest malice and seresecretary of state to Mr. Sayre's house, where rity of refusing bail, and committing him close they pretended they wanted to speak to him prisoner to the Tower, after the magistrate berespecting a forged note of 2001, and by that fore whom he was examined, had found reason means got possession of his person and con- to alter his opinion of the fact with which he veyed bim to lord Rochford's office, after hav- was charged, and thought proper to change ing rummaged bis cabinet and seized his papers ; the description of his offence, and to insert in reciting the examination of Mr. Sayre before the commitment words
vague and inlord Rochford and sir John Fielding, with the determinate import, as the words * treasonable refusal of the defendant to accept bail, al practices.' Having enlarged on the general ilthough he had changed bis ground and com- | legality and evil tendency of such conduct in mitted Mr. Sayre for treasonable practices, any nian, and more particularly in a secretary notwithstanding that the warrant of apprehen- of state, he retouched his picture and increased sion charged bim with high treason, and final. its effect by shewing how particularly misly mentioning the committing him to safe and chievous it was to Mr. Sayre; wbo, when the close custody, which was rigiúly observed, (ex- event took place, was a banker of great credit, cepting the compliance paid to a restrictive and was now, in consequence, a ruined man. oriler for the free access of Mrs. Sayre) al- He hoped therefore the jury, from their batuthough the offence on the face of the commit- ral feelings and wish to do justice, would see ment was merely a misdemeanour, and there the case in its true light, and then he doubtfore bailable. “ The Recorder dwelt on each particular injured ; and make him a just compensation by
ed not they would think the plaintiff materially above-mentioned with great force and ability, awarding bim ample damages,"