Some Selected Reports from The Windsor and Eton Express
19th March 1842
The Queen's Hounds
On Monday among a large assemblage of noble and distinguished sportsmen at Salthill were Prince George of Cambridge
, Prince Nicholas Esterhazy
, and Prince Edward of Saxe Weimar
. The deer, "Rob Roy," was uncarted at the Mill, near the Two Mile Brook, and went away in the direction of Burnham Beeches, but halted in a copse between Britwell and Farnham Royal, until the hounds were close upon him, when hearing their "merry notes," he "broke cover" and went gallantly away to the Beeches, the whole pack being close to his haunches: after skirting the Beeches to the left, there was a check for a few minutes, and then the line of country was continued to and over Littleworth Common, and pointing for Beaconsfield, but bore to the left over the fields and through a Wood of Sir George Ouseley's
, leaving the Park on the right, and bearing to the left for Starve Hill, thence to Woburn, and Mother Red-cap's on the Wycombe road; thence suddenly to the right for Penn, went by the Church and through the Wood over Wycombe Heath, and back to the left for High Wycombe, the deer leaping a turnpike-gate, and taking refuge in a barn at a farm house about a mile distant from the latter place. The run lasted for an hour and three quarters, the last twenty minutes of which was at such a topping pace, that very few were able to live with the hounds, the only one in fact in at the take was Mr.Davis
- An alarming accident happened to a gentleman in the hunt, which, it is fortunate, was not attended with fatal consequences. The gentleman, whose name we learn is Mr.W.G.Hayter
, member for Wells, Somersetshire, in attempting to leap his horse over a stile from a field to the high road, near to Penn, fell a complete "summerset" over it, the horse falling upon him. It appears that the horse, a good jumper, was "put to the stile" in a business like way, but strange to say, never rose at it, and thus the accident was occasioned. Medical assistance was speedily obtained by some of the unfortunate gentleman's sporting friends who witnessed the accident, and he was fortunately enabled to return to town the same evening.
On Thursday the deer was uncarted near Bray Wick, the meeting place being at Maidenhead. The line of country run over by Shottenhangers, and across the railroad to Bray Wick, by Hall's Place, and bore to the right to Winter's Hill, and crossed the Thames at Edsor Hill; then to Dawley Bottom Boveney Wood, and pointed for Beaconsfield, but bore away to Edsor Common, where the deer was taken after a run of about two hours.
On Sunday last, a charity sermon was preached at New Windsor Church by the Hon and Rev.Lord Wriothesley Russell
, and a collection made afterwards in aid of the Dedworth-green Charity School funds, which produced £30.
On Sunday sermons were preached by the Rev.Dr.Matheson
, an active agent of the Home Missionary Society, at the William-street Chapel and collections made in aid of the home missions. The amount collected was £23 10s.
Concert at the Theatre Royal
The concert last night at the Theatre Royal fell very far short of that general, and particularly of that fashionable patronage which was bestowed on the previous one, also got up by the members of the Literary Institution with a view of adding to their funds; and we much fear that their loss on this occasion will absorb the profits on the last. The failure of last night's, as compared with the former concert, we do not conceive arose so much from the talent engaged, as from the fortunate time at which the last was held - that being in the midst of the rejoicing period on the happy event of the christening of the Prince of Wales - a time when all classes were determined on enjoying themselves. The professionals ladies and gentlemen engaged on this occasion were all popular singers and highly talented artistes, and the selection was judicious. The inimitable Mr.John Parry, jun.
re-appeared, and delighted the audience by the singing of his highly amusing and popular songs, which were warmly encored. The ladies were Mrs.William Loder
and Miss Lucomb
, whose singing was rapturously applauded. The other gentlemen were Mr.G.Robinson
, towards whom the company in a very marked manner evinced their delight at their highly talented exertions. Each of these gentlemen was honoured with an encore, as was one or two of the Duets in which the ladies were engaged. Mr.Robinson
is a great favourite with the public, and particularly in this neighbourhood; we have often heard him with delight, but never more so than last night; he was in excellent voice. The clarionet performance at the conclusion of the first part of the concert by Mr.G.Runglin
[?], was most masterly, and elicited very deserved applause. The instrumental performers were composed of a small portion of the band of the Royal Horse Guards (under the direction of Mr.Tutton
, their master), and several amateurs, the whole being led by Dr.Elvey
, and they played an overture at the commencement of each part. In addition to what was announced in the programme, a solo was performed on the violin by a young gentleman named Lawrence, which was much applauded. The whole concluded with the national anthem by the professional ladies and gentlemen engaged, the members of the new Musical Class joining in the chorus.
The Public Rooms
On Wednesday evening Mr.J.Russell
, of the metropolitan royal theatre, gave a vocal entertainment in the Public Rooms. The attendance was not numerous, but the amusement was of the highest order. Anecdote and song, including "sketches of character," pervaded the whole of the entertainment to the great gratification of the audience, who were convulsed with laughter the whole evening. The sketches of the renowned "Sam Weller" (in character), and that of the Irishwoman were admirable, and Mr.Russell
proved himself in his songs, especially in that of "Rory O'More" and "Judy's Consols," to be gifted with very great versatility of talent.
On Monday last a match came off at the Catherine Wheel, Egham, between two sporting gentlemen, Messrs. Berryman
, for £5 a side, seven birds each. Mr.Berryman was the winner, killing all his birds.
On Thursday a fat hog was to have been shot for at the White Hart, Winkfield, but the entries were not filled up. However, three sweepstakes were contested for at five birds each. Mr.Bacon
was the winner of the first, and Mr.Hill
the second, and the third was divided between the same two gentlemen.
On Saturday night last a sheep was stolen from a field of Mr.Murrell
, at Bullock's Hatch. A reward has been offered for the apprehension and conviction of the thief.
On Monday evening a burglary was committed by some thief at the residence of Mrs.Popham
, the widow of the late Admiral Popham
, residing at Clewer-green. That lady had a party of friends to visit her that day, which probably so occupied the attention of the servants as to enable the thief to accomplish his object of plunder, for he entered the house by means of a window, and succeeded in carrying off two great coats and a silver cruet-stand, with which he escaped.
Accident by Fire
On Tuesday a shocking accident happened to a female servant of Mr.Goodford
, of Eton College, while she was employed in cooking vegetables in the kitchen copper; her clothes unfortunately caught fire, and before assistance could be rendered, she was very severely burnt. Medical aid was promptly procurred, and we are glad to hear that she is likely to recover. Two of her fellow servants were slightly burnt in their endeavours to extinguish the flames.
Among the addresses of congratulation on the birth of a Prince of Wales
presented to her Majesty at the levee, was one from the County of Berks, presented by J.J.Bulkeley, Esq.
(late High Sheriff), who was accompanied by Mr.Pusey, M.P.
, Mr.R.Palmer, M.P.
, the Rev.Mr.Hitching
; and Mr.C.Lane
. Henry Mill Bunbury, Esq.
, the present High Sheriff of the county, was prevented attending the levee by having met with an accident. An address of congratulation was also presented from Wallingford.
Windsor Police - Monday.
[Before John Clode, Esq.(mayor), and W.Legh, Esq.]
, the keeper of a beer shop in Church-street, called the Prince George, was summoned for an infringement of the Act of Parliament relating to beer-houses, in having kept his home open till 12 o'clock on the night of the 5th inst., and permitting drunkenness therein.
When the case was called on, the defendant was not then present. The magistrates stated to the gaoler and police superintendent that they understood George-street was kept rather more quiet and better conducted than it used to be.
, the gaoler, said it certainly was, but that there were several beer shops about the town that were great nuisances, among which was Hammonds
, the superintendant, corroborated what Simms
, the defendant, having made his appearance, the case was then gone into.
To a question by the magistrate's clerk. Hammond
said he had not got his licence with him. He had paid for it but not yet obtained it. [The enquiry was made because the defendant had been previously convicted.]
, a policeman, stated that about 12 o'clock on the night of Saturday the 5th inst., he saw the defendant's door open, and on going in he found four persons sitting down with pots before them. There was no beer in the pots, but there was some in a glass. One of the men who came out of the house was drunk.
The defendant declared that he drew nothing for the men to drink after a quarter past eleven o'clock. One of the men was a weekly lodger in his house, and the three others were "tramps;" they were masons who had travelled a long distance, and the masons at the Royal Mews had ordered them to have some beer and bread and cheese.
The magistrates adjourned the further hearing of the case until Thursday, in order that the defendant might obtain and produce his licence.
attended before the magistrates for the purpose of explaining away an impression that had gone abroad, that he had advised a woman, named Morgan
, not to pay her poor-rates.
It may be recollected that in our paper of last week we reported, among others, the case of a poor woman named Morgan
, who had been summoned for a poor-rate, amounting to half-a-crown, the costs incurred being three shillings, which she was ordered to pay; but she stated she had been advised by Mr.Beenham
not to pay the rate because it was illegal; and it was also stated that after such advice Mr.Beenham
had paid his own rate.
now stated that the statement was untrue. He had felt annoyed at the statement in the Express, for he had never gone to Mrs.Morgan
, and had never seen her on the subject of her rates. He knew nothing at all of the woman, and had never given her any such advice.
Simms, the gaoler, said he stood close to Mrs.Morgan
when she made her statement as it appeared in our paper. When Mr.Beenham
, on Saturday night last, called on him to go to Mrs.Morgan's
she denied she had alluded to Mr.Beenham
, and on his (Simm's
) telling her she did say so, she said she supposed she must have been flurried.
The Mayor, after reading the report in the Express, said he perfectly recollected the circumstances, which were as therein stated.
again protested that he never gave such advice, and indeed he never saw the woman, although he did not doubt that she had said he had. All he wanted was to have it set right.
The Mayor addressing the reporter of the Express, said he had no doubt that the statement would be corrected, which was promised, and Mr.Beenham
took his leave.
[Before John Clode, Esq.(mayor), J.Banister, Esq., and W.Legh, Esq.]
The preceeding evidence was read over and nothing more additional was adduced.
The defendant complained very much of the proceedings against him.
said he did not want the defendant to be fined; his only object was, that the defendant should act in accordance with the rules which had been laid down.
that he was quite right, and had only acted as his duty required him.
The Mayor, addressing the defendant, told him by way of a caution, that if the information had contained an allegation that he had been previously convicted, which it appeared he had been, he would have forfeited his licence. He therefore hoped this would be a warning and the magistrates would deal as leniently as possible with him, which was to fine him 5s and the costs which were 12s, cautioning him as to the future conduct of his house.
The defendant paid the money.
, a coach cad, was charged with committing as assault upon William Henry Hewitt
, a coachman, in the employ of Mr.Thumwood
It appeared from the evidence of the complainant who seemed to be a respectable and quiet man, while the defendant was a violent tempered one, that on Monday evening the complainant went to the White Hart, where he was abused by the defendant, who afterwards followed him out continuing his abuse, when he struck and kicked him severely. This evidence was in part corroborated by two of Mr.Banister's
The magistrates said it was most scandalous conduct on the part of the defendant. The mayor also told him that he had been before the bench four times before, and they hoped this would be a warning to him. Their judgement was, that he be fined 5s besides costs, and be ordered to enter into sureties, himself of £20, and two others in £10 each, that he should keep the peace for six months towards all her Majesty's subjects.
The defendant prayed for time to pay the money, and was allowed a week. Mr.Ellson
became bail for him in the double amount of £20 and he was liberated.
A man named Collier
, who had been taken before a magistrate privately on Monday, on a charge of stealing a pair of boots from a prisoner in the gaol, was brought up to-day and discharged on his promise to appear when required. The particulars of the case did not transpire.
Staines, Saturday, March 19.
On Saturday week, James Groves
and Joseph Groves
, father and son, were charged before Sir John Gibbon
, and Messrs. Devon
, and Sullivan
, sitting magistrates, with breaking into the barn of John Irving, Esq.
, at Ashford, on the night of Wednesday, the 2nd instant, and stealing wheat. It appeared that on the night in question a servant, named Greenwood
, was on the watch at about eight in the evening, when he saw two men in his master's stack-yard; he went and informed his master, who sent another man with him, and they went to the barn together, when a man, who has since been identified as James Groves
, rushed out and struck Greenwood's
companion over the head with an iron-bar, which was found broken in two. He was then seized by Greenwood
, who struggled with him, but he succeeded in effecting his escape. Upon going into the barn there were discovered about five bushels of wheat tied up, ready to be taken away, and two empty sacks, ready to be filled. The prisoners were apprehended next morning. A long train of circumstantial evidence was adduced implicating Joseph Groves
They were remanded on Saturday, at the request of the police, until the Monday, and were on that day fully committed to Newgate for trial. Two immense bludgeons were found in the barn, together with a dark lantern and a man's cap. It is strongly believed that there were five or six in the gang; and from the circumstances of the sacks containing wheat being tied in the middle and tracks of donkeys feet being discovered near the premises, there is no doubt but it was intended to carry the wheat away by means of those animals; and that Groves
and their associates were part of a gang of corn stealers that have infested the neighbourhood for many years. The police are on the alert, and it is to be hoped that other detections may take place. Great credit is due to the police for their exertions in obtaining the evidence against the prisoners.
, late cook and housekeeper to Lady Augusta Paget
, of Hampton Court Palace, was charged with embezzling various sums of money. It is supposed to the extent of nearly £200, with which she was intrusted by her ladyship to pay the tradesmen's weekly bills. It appeared that the names or initials of the different tradesmen were forged every week. She was fully committed to Newgate for trial upon one charge, but it is understood other indictments will be preferred against her.
was charged with having in his possession a quantity of wheat and barley, supposed to have been stolen, he not being able to give a satisfactory account of it. It appeared from the evidence of Sergeant Burton
, T 25, that on the Friday previous a son of the prisoner was apprehended, being strongly suspected of being one of the gang connected with the robbery at Mr.Irving's
, and Burton
proceeded to the house of the prisoner for the purpose of searching it; he then discovered about eight or nine bushels of wheat, some cleaned and some in the chaff. The prisoner stated that it was all the same wheat, and that he grew it himself. The oats, about five bushels, also he said he grew himself, and they were all one quality; the barley he stated his son bought at the shop of Mr.Tilley
, corn dealer, in Staines. It was, however, proved that that was false, and also that the wheat was not the same, being of two different samples, one description being worth more by 5s a quarter than the other. The magistrates gave the case a lengthened consideration, and as a doubt existed in the minds of some of them, they very humanely gave the prisoner the benefit of it and discharged him, previous to which he received a reprimand from the chairman, Sir.J.Gibbons
, who cautioned him, as his character was well known, and the police would keep a sharper eye upon him than ever in the future. Sir John
was pleased to observe that great credit was due to the Sergeant for his activity, and that he had performed his duty entirely to the satisfaction of the bench.
After the police business was disposed of, being the annual licensing day, the licences were renewed to the different licensed victuallers in the district of Spelthorn; and the bench were pleased to observe that it was a source of gratification to them to hear that there were no complaints against the mode of their being conducted. Messrs. Munday
, and Hands
, all the Knowle-green, beer-shop keepers, made severally applications for a spirit licence, but which were refused; the bench being unanimously of opinion that there existed no necessity for more licensed houses at present, and until they were satisfied some did exist, they should not grant any new licenses.
Literary and Scientific Institution
Yesterday week Mr.Coggins
delivered his second lecture on music. The lecturer said in his introduction, that "if we could lend ourselves for a moment to the melancholy and almost impious thought, that the more knowledge the people acquire, the less virtue will be found among them, we should be at a loss where to seek for consolation in looking forward to the future destinies of our country, or indeed, of the human race. I may be thought extravagant to propose the cultivation of music among the lower orders, yet, instruction, which seeks to develop the faculties of a human being, must be very inadequate if it neglects the culture of the imagination. The power of cultivating the voice is indeed one of the rarest endowments, but the power of enjoyment is general." After taking a view of the methods of Turner, Hickson, Wilhelm, Hullah, Mainzer, and others, compared, he proceeded to show the compass of the various voices and the parts of the musical scale to which they properly belong, the formation of the classes according to the pitch of the bass, barytone, the tenor, alto and treble, in explanation of which the audience seemed much interested, because amused with the illustrations. After explaining the object and utility of lending libraries, temperance societies, and mechanics institutions, the lecturer concluded by observing "We cannot but believe that the artizan or labourer, who returns from his evening hour of instruction with 'music in his soul,' has been employed no less profitably for his happiness and social advancement than his sterner fellow-craftsman, who jogs along, on the shadier side of the road, puzzling over the new steam engine, or straining his weary head to follow the combinations and reasonings of his apostle - the teacher of political economy." And finally recommending its adoption in the elementary schools of every sect, and for the good of mankind in general, to which end it should be adopted by the professors of every creed. The illustrations were ably sustained by the Choral Society at Staines, among whom were Messrs. Crampton
Uxbridge, Saturday, March 19.
An inquest was on Tuesday last held at the Bell Inn, Uxbridge, by T.Wakely, Esq.
, coroner, and a respectable jury, to inquire touching the death of Sarah Yeoman
, 67 years of age, wife of a labouring man residing in one row of cottages at the upper part of Bell yard, when the son gave evidence that his mother was subject to fits, but had not had one for some time past, his father was gone out of town, and he had been called from attending on his mother to do some work for about half an hour, leaving a little boy about six years old with her, but who had left her and gone to play in the field adjoining, and that the deceased whilst alone, must have been taken in a fit and fallen on the fire, by which she had been left sitting. The evidence was partly corroborated by a neighbour named Langley, who, hearing the son say "Oh! my poor mother," went into the house and ran up the stairs where the deceased had for some time been from ill health, but was forced to return and procure some water, as the flames were ascending from something on the floor in an adjoining room, burning, which she thought was linen, but afterwards proved to have been the body of the deceased, and so dreadfully burnt from head to foot that her hair came off with the flesh attached to it. The jury being satisfied with the evidence adduced, returned a verdict of "Accidental Death;" it being asserted that both father and son had always been particularly attentive and kind to the deceased.
On Wednesday last, a teetotal festival was held at the Town Hall, in this town. The wives of three men at West Drayton, not being pleased at the meeting, said they would have a holiday also, as well as their husbands. They left home on the pretence of getting turnip-tops; but not finding any in their own parish, they strolled as far as Chalfont St.Peter's, calling at the public houses in their way, drinking, hallooing, and behaving in a very indecent manner. In a field near Chalfont they gathered some tops; and as one of them was getting over some hurdles her foot slipped, when the top of one of them ran into her body, and she died before her husband arrived at Uxbridge to see her. An inquest was held on Thursday, at the Greyhound Inn, Chalfont, and a verdict returned of "Accidental death through drunkeness." The poor woman has left three children, besides her husband, to mourn her awful and untimely death.
Great Marlow Election Committee
The committee, the first on the list, composed of the following members, assembled this day at 11 o'clock to try the merits of the petition, complaining of the return of Sir W.R.Clayton, Bart.
:- Sir J.Y.Buller
, chairman; Sir W.Heathcote
, Sir H.B.Campbell
, Sir J.Mordaunt
, and J.Power
Counsel for the petitioners, Mr.Sergeant Merewether
, Mr.Sergeant Wrangham
, and Mr.Talbot
; and for the sitting member, Mr.Austin
, and Mr.Alfred Austin
stated the case for the petitioners. The petitioners charged bribery and corruption ; it also alleged that votes were given to the sitting member, which could not be sustained. The election took place on Friday, July 2. There were two candidates, Thomas Piers Williams, Esq.
, who had 233[?] votes; Sir W.R.Clayton, Bart.
, who had 170; and Renn Hampden, Esq.
, 169. The learned sergeant said that the case would resolve itself into a scrutiny. The candidates were all gentlemen living in the immediate neighbourhood of Great Marlow, and if any improper influence were to be exercised, it would be not so difficult as if the parties were all strangers. The learned sergeant then detailed two cases of alleged bribery, which he said he should be enabled to prove before the committee. In the first instance, however, he should not take the bribery cases, but go into the scrutiny. He submitted that it was not necessary to specify certain acts of corruption, which might render the election void, and he begged to have the sense of the committee on that point.
urged that the particular acts ought to be named, in order that Sir W.R.Clayton might know what it was he had to defend himself against.
Some further observations were then made by Sergeant Merewether
in support of his propositions; after which the committee decided, after remaining with closed doors for nearly an hour, that counsel in his opening speech must specify the cases of bribery upon which he ment to reply, with a view of invalidating the election.
then proceeded to state the particular facts of the case which he should be enabled to prove. He should show, he believed, that a person of the name of Wetherhead
was the agent of Sir W.Clayton
, (he seconded Sir William
on the hustings); and that certain acts of corruption and bribery. One was the case of Charles Gibbon
; it would be found that he had £30 in money. He was in prison at the time, but the learned sergeant would not state the circustances of it, as he would rather that the committee heard them from the witnesses. There was another case, that of James Povey
, a butcher, who had obtained some sheep under circumstances which would also be heard by the committee. A third case was that of a man named Haynes
, who had received £8 in part of a bill which he could not pay; and the fourth was that of the case of Jeremiah Humphreys
, where a bribe was given. The learned counsel submitted that he had said enough in his opening statement as the general charge, and in conclusion he observed, that he hoped to succeed on the scrutiny without going into the cases of bribery at all.
, the returning officer of Great Marlow, produced the poll book, which was in the same state as at the close of the election, as well as the register of voters used at the time of the election.
than said he would now proceed to the scrutiny, and the first case on the list of objected votes was that of "William Barton
, No.113" on the register, "House, West-street." and he was numbered 143 on the poll. The voter, continued the learned sergeant, lived in a house of Sir.W.Clayton
, which he left at Lady-day, 1841 - a period between the election and registration.
, an overseer of Great Marlow, produced the rate-books of the parish for the years 1840 and 1841. On referring to the name of William Barton
, in the former year, the witness stated that he was rated for a £17 house in West-street, for which he continued to be rated until Lady-day, 1841, when the house was entered as being "empty."
Another witness, a broker, named Walker
, stated that in April, 1841, the house was shut up, and a notice was posted up in the up stairs window, signifying the house was to be let, and a reference was given to Mr.Tyler
, an agent of Mr.W.Clayton
, on the subject.
In cross-examination he said the notice was put up a month before the election.
Mr. Edward Stubbs
said he was living near Wallingford, and on the 21st of April, 1841, went to Great Marlow with a view of hiring a house - that occupied by the voter. He saw the house again on Friday last. It was then uninhabited. Witness saw two houses that were empty in April last.
went with the last witness to point out Barton's house in West-street. He further stated that Mr.Tyler
was Sir W.Clayton's
, a resident of Great Marlow, went with the collector to collect a rate from Barton
since he had lived at the new house. The witness further stated that the house formerly occupied by Mr.Barton
was under repair last April.
[?] lived at Great Marlow, and gave evidence to the effect that Barton
left the house in West-street a short time before Lady-day last. The witness saw Barton's
furniture taken away.
A workman named Batting
, proved having been employed in repairing the house in question, and at the time there was nobody living there. Mr.Tyler
paid the witness.
In his cross-examination he said he had been in gaol for stealing sausages, but he did not steal them [a laugh], and had now just come out. He was in the employ of Mr.Clark
, but Mr.Tyler
paid him, and not Mr.Clark
In defence of the vote Mr.Cockburn
, who stated that he collected rents for Sir W.Clayton
- that on the 28th of June , 1840, the witness received a notice from Barton
to quit the house at Christmas last, but that he continued in possession until Lady-day, when he wished to quit, but witness would not allow him to quit unless he had again a fresh notice. He complained of it, but witness would not alter the terms. He paid witness the rent at the rate of £25 a year, last Michaelmas. There was not a redundancy of tenants at Marlow. Witness endeavoured to let the house for him, having so promise on his complaining, and put up a notice in the window. There were some fruit trees in the garden, and in the autumn Barton
took away the fruit and the flowers. At the time the witness said he would let the house a conversation took place about the repairs. The key of the house was again given to Barton
after the repairs.
Cross-examined - I paid as the agent of Sir W.Clayton
, for the repairs to be done to the house. Two months before the election , I gave Barton
back the key again. I saw Barton
and his wife gathering the fruit and flowers which grew in the garden.
Re-examined - The repairs took about a fortnight. Sir W.Clayton
had never seen any of the fruit.
, son the voter, stated that the house occupied by his father was given up at Michaelmas last; but his father left at Ladyday, having taken another home in Marlow. Witness had himself gathered fruit out of the garden in June and July last.
In cross-examination, he said he had gathered out of the garden cherries, strawberries, and raspberries. He would swear that he was in the garden more than a month before the election.
addressed the committee at some length in support of the vote, submitting that it was valid, and must be retained upon the poll.
, on the other hand, contended that there was not that occupancy of the premises in question which the Reform Act required, and therefore the voter was not entitled to vote.
It was announced that the Speaker was at prayers, consequently an adjournment took place without the committee coming to any decision.
The committee met-to-day at 11 o'clock, when the case of W.Barton
, which was under consideration yesterday, was resumed.
The committee, after hearing further evidence, struck off the vote.
The vote of James Lee
was next objected to, on the ground that he was not the occupier of the house in question at the time of the election.
It appeared by the evidence that he kept a grocer's shop in Great Marlow, for which he was registered, but resided at a house some three miles distant, at a place called Little Marlow. The business was chiefly attended to by his daughter, who in the month of August, 1840, married, when she and her husband continued to live in the house in Great Marlow. James Lee
, however, was constantly in the habit of sleeping there, which he has at different times done up to the present moment. The rate-books being put in, proved that since December, 1840, the premises had been rated in the name of Lee's
son-in-law. The question was, whether Lee
had given up entirely possession of the house to his daughter, or simply permitted her to lodge there.
The committee retained the vote.
The next vote objected to was that of Samuel Barnes
, which was not decided when the Speaker was announced to be at prayers.
The committee met at the usual hour.
Further evidence was adduced in the case of Samuel Barnes
, and after a long argument of counsel, the vote was declared bad.
The decision having placed the sitting member in a minority of one, Mr.Cockburn
objected to the vote of Joseph Harper
Two witnesses were examined, one of whom proved that he signed a notice of objection to the claim of Harper
, the other that he left the notice at the house of one of the overseers.
contended that the case was out of court. The 47th section of the Reform Bill enacts that all notices of objection must be served before the 25th of August, on the overseer who shall have made out the list in which the name of the party objected to shall be inserted, and that the person objected shall at the time be on the registry. There was, he contended, no proof that the notice was served on or before the 25th of August on the overseer who made out the list; in fact they proved that he had not been served, nor was it proved that the party objecting was at the time on the registry. For these reasons he maintained that the opposite side could not go on with the case.
quoted the 50th section of the Reform Act. The fact of the vote having been adjudicated on by the revising barrister brought it within the terms of the act. Even supposing the notice of objection to be in every respect bad, he would still be entitled to go into the case. The learned counsel then quoted a decision of the Ripon committee on this point, Perry and Knapp's Reports, page 204.
replied , that the fact that the revising barrister having improperly adjudicated on the vote is no reason why the voter's right should a second time be jeopardised. He admitted that the decision of the Ripon committee was decided against him, but the very worst decisions that were ever made were made by that committee.
said it was a matter of great importance to have the opinion of the committee, as it might be necessary to send for the revising barrister to prove notice.
The Chairman said that the committee could not decide the entire case this evening, they could give no partial opinion as to what it might be necessary for counsel to do.
The committee then adjourned.