imposed on. The chief justice declared that night, that he did not think there was sufficient matter to hold Mr. Francis Fowke to hail. Will you inform the Court who told you so? ---1 think, Mr. Fowke told me. Did Mr. Fowke tell you, that the judges declared him innocent ?---I do not remember that he did. Did not Mr. Fowke acquaint you that he was ordered to attend the Monday following; and that the parties were then to declare whether they would prosecute or not?---I think he did. As a justice of the peace, would you, in a misdemeanor, bind over the person complained against, if the opposite parties would not undertake to prosecute ?---I most certainly would. To what purpose ?---I would do it. Did not your aid de camp attend on the Monday to be bail, with your knowledge for some of the parties?---He did. Could you then think that the judges thought the parties innocent?---I did, because the judges suffered them to go without bail that night. to That was by consent of the prosecutors. The examination began early in the morning, and lasted till late at night. Would it not have been severe, when the prosecutors did not desire it, to oblige the persons accused to find bail that night?...I would have done it in a charge of so bigh a nature; though the prosecutor did not desire it, yet I think it should have been done. I understood that there had not been sufficient matter to hold parties to bail, and consequently I was to understand it an unjust accusation; and a crime of so black a die, of accusing innocent people, and particularly such persons as the governor general and Mr. Barwell, that they would not have been suffered to go out without bail, bad there been any reason suppose them guilty. I had reason to con. sider this as an attack made on Nundocomar, who had produced an accusation in council, and to prevent his appearing as an evidence to maintain his charge. It was on that ground, considering him as an innocent man, and the victim of state policy, I went to see him: I would have done the same thing to any other man in the settlement. Mr. Fowke certainly did acquaint me, that he was to appear before you on Monday; but I did still imagine there was no ground to suppose him guilty. I conceived, that if you judged there was sufficient matter for a prosecution, you would have taken bail, without the consent of the parties; and 1 conceived an idea that the prosecution was done to frustrate the enquiry in council. Mr. Fowke came to me in the month of April, and told me Comaul O Deen-[Stopped.] Cross-Examination. Did you give Mr. Fowke any particular instructions?--I gave him instructions to enquire into the grounds of Barnassy Ghose's complaint, and report them to me. Do you remember the substance of Barnassy | Ghose's complaint?---I understand that Comaul O Deen had let out portions of salt works of the tecka collaries to different people, and afterwards resumed them. On what grounds did the governor general found his complaint against Mr. Fowke?-That he exceeded his duty and trust. Why was not Mr. Fowke examined before the council?---The majority of the council acquiesced with the governor general, that Mr. Fowke should not be examined. In what manner did you employ him?→→→ Only to receive petitions through my hands. Who gave you the information of what passed at the chief justice's?---Mr. Fowke, and from thence 1 drew the inference. You say, that if there had been sufficient matter for a prosecution, and though the prosecutors did not desire it, you would have obliged them to find bail, or committed them that night?--I would. On what day did you pay the visit to Maha Rajah ?---The day after the examination. In what light did you consider the prosecution against him?--I understood it as a prosecution to frustrate that ordered by the board. Are not you first in council, next to the governor general ?-1 am. In case of death, resignatiou, or removal, are you not to succeed him?---I am. What may your salary be, as second in council?-Ten thousand pounds per year. Don't you think that the governor general might be discharged, on complaints of peculation from hence to the court of directors ?---I think he might. Do the letters from the council mention that the prosecution is ordered to be carried on against the governor general?---I believe they do. Is not this prosecution principally founded on the evidence of Nundocomar and Roy Rads Churn?---No. Did you never authorize Mr. Fowke to offer the Kallaut of the Khalsa, or of Purnea, to any body ?---No, never. Has not some of Maha Rajah's family been appointed to the first office under government, since the commencement of the prosecution? I cannot tell that any places have been given to Maha Rajah's family. Were not every means taken to afford Nundocomar influence ?---I never did; and should have been sorry to join in any act to give Nundocomar any influence whatsoever. Don't you know that any one of Nundocomar's family is provided for ?---I do not know Maha Rajah's family or friends; I do not know that any one has had preferment: Rajah Goordasses; I do not know it; I have been told so. Mr. Roberts examined. What do you think was the general's opinion of Nundocomar?---I have always heard general Clavering say, that he thought Maha Rajah Nundocomar to be a very busy, troublesome man. Do you recollect the subject-matter of what passed at the visit paid to Maha Rajah ?---I do not recollect any conversation but such as might pass in a visit of compliment. Q. by Mr. Just. Lemaistre. Where are the four writers that were at Mr. Fowke's that morning? Where is Accoor Munnah, Mr. Fowke's moonsby? Are they alive? Defendant's Counsel answers, Yes. The Verdict on this Prosecution was as fol lows: JOSEPH Fowke, Guilty. 559. The Trials* on the Informations which in pursuance of an Order of the House of Commons, were filed by his Majesty's Attorney General † against RICHARD SMITH and THOMAS BRAND HOLLIS, esqrs. for having been Guilty of notorious Bribery, and thereby procuring themselves to be elected and returned Burgesses to serve in Parliament for the Borough of Hindon. Tried by a Special Jury on Tuesday the 12th of March, at the Assize holden at Salisbury for the County of Wilts: Before the Hon. Sir Beaumont Hotham, knt. one of the Barons of his Majesty's Court of Exchequer: 16 GEORGE III. A. D. 1776. ON January 31, 1775, a committee of the House of Commons was appointed under Mr. Grenville's Act (see stat. 10 Geo. 3, c. 16, 14 Geo. 3, c. 15, and Parl. Hist, vol. 16, pp. 902, et seq. vol. 17, p. 1061,) to try the matter of a Petition of James Calthorpe and Richard Beckford, complaining of the return of Richard Smith and Thomas Brand Hollis, as burgesses to serve in parliament for the borough of Hindon. On February 14, the chairman of the Committee informed the House that neither of the persons returned or of the petitioners was duly elected to serve for the said borough, and he at the same time acquainted the House, "That in the course of the examination into the merits of the petition of James Calthorpe, esq. and Richard Beckford, esq. it having appeared to the committee, that the most flagrant and notorious acts of bribery and corruption had been practised; and that a very considerable majority of the electors of the borough of Hindon had been bribed and corrupted, in a very gross and extraordinary manner; and that several others of the said electors had been concerned as agents for that purpose; the committee, desirous that the House may adopt such measures as may discourage, and, if possible, put an end to a practice so subversive of the freedom of elections, had directed him to lay Taken in Short-hand by Joseph Gurney. Note, Into this Report I have incorporated from the Election Cases of Mr. Douglas (lord Glenbervie) such particulars as I thought would render it satisfactory. + Mr. Thurlow. before the House, the whole of the evidence given before the said committee, with their opinions thereupon; and he read the report in his place, and afterwards delivered it in at the table, where the same was read; and the resolutions of the Committee are as followeth : "Resolved, That it appears to this committee, that Richard Smith, esq. by his agents, has been guilty of notorious bribery, in endeavouring to procure himself to be elected and returned a burgess to serve in this present parliament for the borough of Hindon, in the county of Wilts." The like resolution respecting Mr. Hollis. "Resolved, That it appears to this committee, that James Calthorpe, esq. by his agents, has been guilty of notorious bribery, in endeavouring to procure himself to be elected and returned a burgess to serve in this present parliament for the said borough of Hindon. "Resolved, That it appears to this committee, that Richard Beckford, esq. has, by his agent, endeavoured by promise of money, to procure himself to elected, and returned a burgess, to serve in this present parliament for the said borough of Hindon. "Resolved, That it appears to this committee, that the rev. John Nairn, of Hindon, Fasham Nairn, esq. late of Bury-street, St. James's, Francis Ward, of Sherbone-lane, London, Stevens, a butcher, at Salisbury, commonly called Jobber Stevens, &c. (in all, thirteen, specified by name) have acted as agents, and have been accessary to, and concerned in, the notorious acts of bribery and corruption, that have been practised at the last election for the said borough of Hindon. "Resolved, that it is the opinion of this committee, that the House be moved, for leave to bring in a Bill, to disfranchise the said borough of Hindon, in the county of Wilts." In Trinity term 15 George 3, the Attorney General filed the following Information against general Smith.* "Wiltshire, | day and place aforesaid in the said sheriff's then next county court to be holden after the receipt of that his said majesty's writ, two knights of the most fit and discreet of the said county, girt with swords, and of every city of bis said county two citizens, and of every boroogh in the same county two burgesses, of the On the 8th of May following, the House ormost sufficient and discreet, freely and indifdered that the Attorney General should forth-ferently by those who at such proclamation with prosecute the said Richard Smith, Thomas should be present, according to the form of the Brand Hollis, James Calthorpe, and Richard statute in that case made and provided, the said Beckford, for their said offences. then sheriff should cause to be elected, and the names of those knights, citizens, and burgesses, so to be elected, whether they should be present or absent, the said then sheriff should cause to be inserted in certain indentures to be "Be it remembered, That Edward Thurlow, thereupon made, between the said then sheriff and those who should be present at such elecesquire, Attorney General of our present sovereign lord the king, who for our said lord the tion, and them at the day and place aforesaid king in this behalf prosecuteth, in his proper the said then sheriff should cause to come in person, cometh here into the court of our said such manner that the said knights for themford the king, before the king himself, at West-selves and the commonalty of the same county, minster, on Friday next after the morrow of the Holy Trinity, in this same term, and for our said lord the king, gives the court here to understand and be informed, that the borough of Hindon in the county of Wilts is an ancient borough, and for a long space of time two burgesses of the said borough have been elected and sent, and have used and been accustomed and of right ought to be elected and sent, to serve as burgesses for the said borough in the parliament of this kingdom (to wit) at the borough of Hindon aforesaid, in the said county of Wilts and the said Attorney General of our said lord the king, for our said lord the king, giveth the court here to understand and be informed, that on the first day of October, in the 14th year of the reign of our present sovereign lord George the 3d, by the grace of God, of Great Britain, France, and Ireland, king, defender of the faith, &c. a certain writ of our said lord the king, under the great seal of Great Britain, issued out of his majesty's court of Chancery (the said court then and still being at Westminster in the county of Middlesex) directed to the sheriff of the county of Wilts; by which said writ, our said lord the king, reciting, that whereas by the advice and assent of his majesty's council, for certain arduous and urgent affairs concerning his said majesty, the state and defence of his kingdom of Great Britain and the church, his majesty ordered a certain parliament to be holden at the city of Westminster, on the 29th day of November then next ensuing, and there to treat and have conference with the prelates, great men, and peers of his realm; his majesty by his said writ did command and strictly enjoin the said sheriff, that proclamation being made of the * He was a general officer in the East Indies. During several years he was a member of the House of Commons, and a frequent speaker there. He was particularly active upon matters relating to the East Indies, as to which, see the New Parl. History. and the said citizens and burgesses for themselves and the commonalty of the said cities and boroughs respectively, might have from them full and sufficient power to do and consent to those things which then and there by the common council of his said majesty's kingdom, by the blessing of God, should happen to be ordained upon the aforesaid affairs, so that for want of such power, or through an improvident election of the said knights, citizens, or burgesses, the aforesaid affairs might in no wise remain unfinished; willing nevertheless, that neither the said then sheriff, nor any other sheriff of this his majesty's said kingdom, should be in any wise elected; and the election in the said then sheriff's full county so made distinctly and openly under the said then sheriff's seal, and the seals of those who should be present at such election, the said then sheriff should certify to his majesty in his Chancery, at the day and place without delay, remitting to his majesty one part of the aforesaid indentures annexed to the said writ, together with the said writ; and the said Attorney General of our said lord the king, for our said lord the king, gives the court here further to understand and be informed, that the said writ afterwards, and before the return thereof (to wit) on the said 1st day of October in the 14th year aforesaid, was delivered to Thomas Estcourt, esq. then and continually from thenceforth until and at and after the return of the said writ being sheriff of the said county of Wilts, to be executed in due form of law (to wit) at the borough of Hindon aforesaid: and the said Attorney General of our said lord the king, for our said lord the king, gives the court here further to understand and be informed, that by virtue of the said writ, the said Thomas Estcourt, so being sheriff as aforesaid, afterwards, and before the return of the said writ, (that is to say) on the said 1st day of October, in the 14th year aforesaid, and in the year of our Lord 1774, at the borough of Hindon aforesaid, in the said county of Wilts, made his precept in writing, 2 = 1229] for Bribery at the Hindon Election, sealed with the seal of his office of sheriff of the Edwards, William Stepheus, John Maishment, said county of Wilts, directed to the then bailiff John Larkbam, Renalder Bowles, Jos. Cholsey of the borough of Hindon in the said county of the younger, John Davis the elder, Richard Wilts, of and for the election within the said Erwood, William Cheverall, Samuel Dorr, borough, of two burgesses of the borough afore- Thomas Harden, James Edwards, Jos. Cholsaid, according to the form and effect of the sey the elder, Thomas Spencer, James Smart, said writ: and the said Attorney General of Jobn Randall, Edward Ranger, John Dewy, our said lord the king, for our said lord the Luke Beckett, Philip Beckett, Henry Dukes, king, gives the court here further to under- Edward Beckett, Isaac Moody, William Hackstand and be informed, that by virtue of the er, John Bishop, Edward Hollowday, George said precept afterwards, and before the return Spender the younger, John Cheverall, John thereof (to wit) on the 10th day of October, in Dukes the elder, John Dukes the younger, the 14th year aforesaid, at the borough of Robert Wyer, Moses Weeks, George Dukes, Hindon aforesaid, in the said county of Wilts, George Hayward, Edward Trewlock, Matthew the election of two burgesses to serve as bur- Davis, Philip Beckett the younger, Henry Jergesses for the said borough, in the then next ret, John Davis the younger, William Day, parliament to be holden as aforesaid, was bad Samuel Collier, Walter Percy, Edward Sherand made; which said election was the first gold, Benjamin Beckett, Edward White, John and next election of burgesses to serve as bur- Hooper the elder, Samuel Farthing, John gesses for the said borough, in the parliament Hooper the younger, William Newton the elder, of this kingdom, after the committing of the William Newton the younger, James Percy, several offences hereinafter firstly, secondly, Henry Huffe the elder, Henry Huffe the thirdly, and fourthly mentioned: and the said younger, Benjamin Cholsey the younger, John son the younger, William Lambe, Jos. Lambe, Attorney General of our said lord the king, for Bell, George Spender the elder, James Anderour said lord the king, gives the court here further to understand and be informed, that before Edward White, Robert Wyer, Matthew White the issuing of the said writ, a general election the younger, Matthew Stevens, William White, of representatives to serve in parliament for the Richard Ingram, Francis Ranger, William several counties, cities, and boroughs in this Percy, Elias Pitman, William Cuff the elder, kingdom, being expected, James Calthorpe, Mathew White the elder, Williain Stevens, esquire, Richard Beckford, esquire, Richard George Stevens, John Stevens the elder, James. Smith, esquire, and Thomas Brand Hollis, esq. Stevens, John Stevens the younger, John were candidates, that of them two might be Wyer, Benjamin Cholsey the elder, William chosen and returned to serve as burgesses for Ranger, Francis Cheverall, Charles Wyer, the said borough, in the then next parliament James Wyer, John White, William Wyer, mas Wyer, Luke Beckett the elder, Roger for this kingdom; and the said James Cal-James Anderson the elder, John Beckett, Thothorpe, Richard Beckford, Richard Smith, and Thomas Brand Hollis, remained and continued Spender, Robert Day, William Cuff the youngcandidates for the purpose aforesaid, until and er, Elias Steevens, James Steevens, William mas Percy, John Ranger, Edward Percy, Wilat the time of the said election, to wit, at the Gilham, Henry Savage, Jarvis Gilbert, Thos borough of Hindon aforesaid, in the said county of Wilts: and the said Attorney General of our liam Percy the younger, Robert Gilbert, Wilsaid lord the king, for our said lord the king,liam Dukes, Thomas Dukes, Roger Norton, gives the court here further to understand and be informed, that the said Richard Smith late of the said borough of Hindon, in the said county of Wilts, esquire, well knowing the premises, but being a person of a depraved, corrupt, and wicked mind and disposition, and anlawfully and wickedly intending, as much as in him the said Richard Smith lay, to interrupt and prevent the free and indifferent election of burgesses to serve for the same borough of Hindon, in the then next parliament of this kingdom, and by illegal and corrupt means to procure himself to be elected a burgess to serve for the said borough in the then next parliament of this kingdom, before the said election, to wit, on the 15th day of February, in the 13th year of the reign of our sovereign lord George the 3d, now king of Great Britain, &c. at the borough of Hindon aforesaid, in the said County of Wilts, unlawfully, wickedly, and corruptly did solicit, urge, and endeavour to procure Thomas Moore, Charles Simpson, John Baldwyn, Jeremiah Lucas, Robert Tyley, Thomas Farrell, Jos. Norton, Jos. Cuff, John Joseph Moody, James Gilbert, John Gane, the constitution of this kingdom, and of the liberties and privileges of the subjects thereof, to the evil and pernicious example of all others in the like case offending, and against the peace of our said lord the king, his crown and dignity: and the said Attorney General of our said lord the king, for our said lord the king, gives the court here further to understand and be informed, that the said Richard Smith, being such person as aforesaid, and again unlawfully, wickedly, and corruptly intending (as much as in him the said Richard Smith lay) to interrupt and prevent the free and indifferent election of burgesses to serve as burgesses for the said borough in the parliament of this kingdom, and by illegal and corrupt means to procure himself to be elected a burgess to serve as a burgess for the said borough in the parliament of this kingdom, he the said Richard Smith afterwards, and before the said election so had and made as aforesaid, to wit, on the 4th day of April, in the 14th year of the reign of our lord the now king, at the borough of Hindon aforesaid, in the said county of Wilts, unlawfully, wickedly, and corruptly did give, and cause and procure to be given, to divers other persons, namely, Thomas Moore, Charles Simpson, John Baldwin, Jeremiah Lucas, Robert Tyler, Thomas Farrell, Joseph Norton, Joseph Cuff, John Edwards, William Stevens, John Maishment, John Larkham, Renalder Bowles, Joseph Cholsey the younger, John Davis the elder, Richard Erwood, William Chiverall, Samuel Daw, Thomas Harden, James Edwards, Joseph Cholsey the younger, Thomas Spencer, James Smart, John Randle, Edward Ranger, John Dewey, Luke Becket, Philip Becket, Henry Dukes, Edward Becket, Isaac Moody, William Hacker, John Bishop, Edward Hollowday, George Spencer the younger, John Cheverall, John Dukes the elder, John Dukes the younger, Robert Wyer, Moses Weeks, George Dukes, George Hayward, Edward Trewlock, Matthew Davis, Philip Becket the younger, Henry Jerret, John Davis the younger, William Day, Samuel Collier, Walter Percy, Edward Shergold, Benjamin Beckett, Edward White, John Hooper elder, Samuel Farthing, John Hooper the younger, William Hooper the elder, Wil liam Newton the younger, James Percy, Henry Huff the elder, Henry Huff the younger, Benjamin Cholsey, the younger, John Bell, George Spender the elder, James Anderson the younger, William Lambe, Joseph Lambe, Edward White, Robert Wyer, hew White the younger, Mathew Steevens, William White, Richard Ingram, Francis Ranger, William Percy, Elias Pitman, Wil liam Cuff the elder, Mathew White the elder, William Steevens, George Steevens, John Steevens the elder, James Steevens, John Stee veens the elder, James Steevens, John Steeveens the younger, John Wyer, Benjamin Cholsey the elder, William Ranger, Francis Chiverall, Charles Wyer, James Wyer, John White, William Wyer, James Anderson the did then and there, to wit, on the said 15th day of February, in the 18th year aforesaid, at the borough of Hindon aforesaid, in the said county of Wilts, unlawfully, wickedly, and corruptly give, and cause and procure to be given, to the said several persons respectively, who had such a right to vote as aforesaid, a certain sum of money, to wit, the sum of five guineas of lawful money of Great Britain, as a bribe and reward, to engage, corrupt, and procure the said several persons respectively, so having such right to vote as aforesaid, to give their respective votes in the said election of burgesses to serve as burgesses for the said borough in the then next parliament of this kingdom, for him the said Richard Smith, in order that he the said Richard Smith might be elected and returned, to serve as a burgess for the said borough, in the then said next parliament of this kingdom, to the great obstruction and hindrance of a free, indifferent, and unbiassed election of burgesses to serve in parliament for the same borough, in manifest violation and subversion of the constitution of this kingdom, and of the liberties and privileges of the subjects thereof, to the evil and pernicious example of all others in the like case offending, and against the peace of our said lord the king, his crown and dignity: and the said Attorney-General of our said lord the king, for our said lord the king, giveth the court here further to understand and be informed, that the said Richard Smith, being such person as aforesaid, and unlawfully and wickedly intending (as much as in him the said Richard Smith lay) to interrupt and prevent a free and indifferent election of burgesses to serve for the said borough of Hindon in the then next parliament of this king. dom, and by illegal and corrupt means to procure himself to be elected to serve as burgess for the said borough in the then next parliament of this kingdom, before the said election, (to wit) on the third day of October, in the 14th year aforesaid, at the borough of Hindon aforesaid, in the said county of Wilts, unlawfully, wickedly, and corruptly, in the presence and hearing of divers persons, who had then and there a right to vote in the election of burgesses to serve for the said borough in the parlia. ment of this kingdom, did declare, and with a loud voice publish, that he would give to each and every person who had a right to vote in the said election of burgesses to serve for the said borough of Hindon in the then next parliament of this kingdom, bribes and rewards to vote in that election for him the said Richard Smith, with intent unlawfully to tempt, corrupt, and procure the persons having a right to vote in that election, to give their votes in that election, for him the said Richard Smith, that he the said Richard Smith might be elected and returned a burgess to serve for the said borough in the said then next parliament of this kingdom; to the great obstruction of a free, quiet, and indifferent election of burgesses to serve in parliament as burgesses for the same borough, in manifest violation and subversion of Mat the |