CASE XXI. SLIGO. This Committee was appointed upon February 15th, 1838; and consisted of the following Members : Mr. Thesiger, Q. C., Mr. Austin, and Mr. Montagu Smith. Sitting Member-John Patrick Somers, Esq. Counsel for the Sitting Member-Mr. Harrison, Q. C., and Mr. E. Dowling. Agent for the Sitting Member-Mr. Baker. The petition alleged that the Sitting Member was not duly qualified by estate to sit in Parliament. It stated that at the first close of the poll the numbers were-for John Patrick Somers, 262; and for John Martin, 258; and it prayed that the name of John Martin might be substituted for that of John Patrick Somers, and that the election and return of the said John Patrick Somers might be declared to be null and void. There were, also, allegations of bribery, treating, and riots, which were abandoned. The question relating to the qualification of the Sitting Member resolved itself into one of value, and very conflicting evidence was given upon it. It was resolved.-That the petitioners had failed in establishing, by proof, the alleged want of qualification of the Sitting Member. (1) Mr. Harrison applied to the Committee to declare the petition to be frivolous and vexatious. The petition was got up by persons who were strangers to the Borough of Sligo for the express purpose of harassing the Sitting Member; and he should be able to establish the fact that the fund to sustain it was called the "Spottiswoode Subscription, or Irish Election Petition Fund." In the Carrickfergus case, (2) Sir George Rich was compelled to produce the books of the Dublin Conservative Society. The question, who were the parties to the petition, and whether the persons named in the petition were bond fide the petitioners, had frequently been entertained. In the Bridport case, (3) the petitioner under the 9 Geo. 4, c. 22, s. 39, was compelled to prove that he had only signed the petition upon Colonel St. Paul, the unsuccessful candidate, undertaking to indemnify him. Mr. Thesiger.-In the Carrickfergus case, the books of the Conservative Society were produced for the express purpose of supporting a specific charge of bribery alleged in the petition, and which was one of the principal subjects of inquiry before the Committee. The books were called for to trace certain sums of money, and were produced in the same manner as bankers' books are, and for a similar (1) It was understood that the Committee, previous to their coming to this resolution debated for some time upon the propriety of adjourning, to enable the petitioners to produce a witness who had, as they stated, absconded to avoid being served with the Speaker's warrant. 1838. (2) P. & K. 534. (3) MS. 1838. purpose. In this instance, it is not within the jurisdiction -- The Committee resolved. That the Sitting Member should not be allowed to go into proof as to the origin of the funds, until he had given evidence to impugn the boná fide character of the petition. The next day Mr. Harrison stated, that he had some doubt if he should be able to give any evidence of the character of the petition, and that he considered himself to be precluded, by the terms of the resolution that had been made, from proceeding further. In this case the poll-books were produced, together with the usual affidavit, by the clerk of the peace of the county of Sligo. Mr. Harrison objected to the reception of the pollbooks, as not being produced out of the custody of the proper officer. The 1 Geo. 4, c. 11, s. 3, regulates the statutable proof of the poll. The books ought to have been delivered to the party in whose custody the records of the borough are kept; and if they are not produced from his custody, they must be verified by the ordinary evidence. Mr. Thesiger. The production of the books by the clerk of the peace is sufficient. They were delivered to him at the close of the poll; they are authenticated by the affidavit, and there is no suspicion of their having been improperly dealt with. Clonmell case, (1) Ennis case, (2) Cork City case, (3) Belfast case. (4) Mr. Harrison.-When it is intended to rely upon the mode of proof given by the statute, it must be strictly followed. In the Clonmell case, the books were proved to have been in the same state as when they were delivered up. In the Ennis case, the deputy of the returning officer was called, who examined and authenticated the books. The Cork City case related to a defective affidavit. The Belfast case is not entitled to weigh against the other cases. The Committee resolved.-That sufficient evidence of the authenticity of the poll-books had not been produced. Mr. Ormsby, the returning officer of the borough, at the last election, was then called, who having examined and authenticated the poll-books, Mr. Harrison made no further objection to their being received. It was resolved.-That John Patrick Somers, Esq. was duly elected a burgess to serve in this present Parliament for the borough of Sligo, and that neither the petition nor the opposition to it were frivolous or vexatious. 1838. CASE XXII. WATERFORD. This Committee was appointed upon Thursday, the 3rd of May, 1838, and consisted of the following Members. William Miles, Esq. (Chairman), Somersetshire, E. Sir Edward Kerrison, Bart. Petitioners Electors in the interest of W. Beresford, Esq. Counsel for the Petitioners-Mr, Thesiger, Q. C, and Mr. Wrangham. Agents for the Petitioners Messrs. Dorington, Heyward, and Ellicombe. Sitting Member-Henry Winston Barron, Esq. The petition charged various acts of bribery and of treating, as having been committed by the Sitting Member, his agents, and friends, at the election for the city of Waterford, There were also, contained in it, allegations of riot, intimidation, obstruction of the poll, and personal misconduct of the Sitting Member, but no other charge, but that of bribery, was brought under the notice of the Committee. |