by order of the House of Commons, for a conspiracy to corrupt the voters of the Borough of PENRYN, in this county. The charge was in substance this: that, in the year 1803, there was a committee formed in the borough; that this committee was composed of all the accused parties, Sir Christopher Hawkins excepted; that these parties, about the month of November, 1805, drew up a paper, which was to be, and which afterwards was, presented to Sir Christopher Hawkins; that, in this paper, it was stated, in the form of stipulations, that, in return for the patronage of the Borough, to be given unto him, Sir Christopher Hawkins should, amongst other things to be by him done, pay annually to the two overseers of the poor ten guineas each, and that, besides this, he should pay to certain other persons twenty-four guineas each, and to others one pound each; that this paper was, by certain persons of the committee at Penryn, taken, the day after it was drawn up, to the seat of Sir Christopher Hawkins, a place called TREWITHEN; and that there Sir Christopher agreed to all the conditions contained in the paper aforementioned. Before we proceed to the evidence, given in support of this charge, it is necessary to observe, that, at the election which took place in the summer of 1806, that is to say, the Whig general election, which produced the short parliament, Sir Christopher and Mr. Swann, who is by some called the black Swann, from his dress, I suppose, and by others more emphatically called, lawyer Swann, were candidates on one side, and that Messrs. Wingfield and Trevanion were candidates on the other; that the two former were returned; and, that the two latter were finally seated, it having been proved to the satisfaction of the committee who tried the merits of the petition presented by them, that the former had been returned in consequence of the bribery and corruption, stated in the charge, in order to punish which bribery and corruption the House of Commons, in pursuance of the report of the committee, issued their order to the Attorney General.

The Attorney General was, in this prosecution, represented by Mr. Serjeant LENS, aided by Messrs. JEYKELL, BOROUGH, and DAMPIER, while, on the side of the defendants, appeared Mr. GARROW, as the leader, aided by Mr. Serjeant PELL and Mr. EAST.

It was my intention not to note down any thing at all that should be said by the pleaders on either side; but, to confine myself solely to the facts which should be given

in evidence. From this intention, however, I was induced to depart by the doctrine laid down by Mr. Serjeant Lens, the representative, upon this occasion, of the king's Attorney Gencral, and the executor of the commands of the House of Commons.. This gentleman, after some common-place observations upon the excellence of that constitution, "under which we have the

66

happiness to live, and which has insured "to us that freedom which has made us the

envy of the world"; " after a good deal of this, of which you have heard so much from the lips of the Pitts, the Dundases, the Roses, the Longs, the Steeles, and, indeed, from every creature which has derived its subsistence from the taxes; after a quantity more than sufficient of this general, loose, and totally indefinite common place, Mr. Lens came to something more tangible; and he said almost in the very words, in which I shall give it to you, that "it was not the ob

66

ject of the prosecution to check the am"bition of obtaining parliamentary interest," "of securing a seat for oneself, or of being "in a situation to point out others to fill "seats in parliament; that he would not

appear, that, by patronage, nothing mon

was meant, in this case, than promise "of serving the electors, or any part "them, or of pointing out other gentle men who would be able to serve them recommendations, or other acts of ben "volence, he should then say, that st

66

patronage was not only blameless, b "laudable; that he wished to awakeni "the minds of the jury no dormant notion "about abstract principles, but to conti "their view to the practice of the constit "tion."Upon this doctrine, Gent men, it is quite unnecessary for me to co ment, at any length, in a letter to you, w have given to the nation a convincing prof that nothing can be easier, when men ha the virtue to do wat the constitution pr cribes, than to make the practice of it exa

"What became of Chilcot's paper? Thinks' "Mr. STONA had it." After Sir Christopher had read the paper, he said he had no objection to it, or something similar; was at the first meeting of the Committee afterwards; does not recollect all of those who might be present; says Stona, Dillon, and some others were; it was, at this meeting, resolved to vote for Sir Christopher; does To remember any thing else that was done; does not know whether the names of Roe an Henwood were mentioned; cannot suk positively; Roe he knows to be a and he knows Henwood; this was meeting of the committee subse

to the visit to Trewithen; recollects L., A was resolved to vote for Sir Christopass, for the sake of peace; cannot recollect any thing else; cannot say what did piss, but something must have passed reIring to the subject of the meeting at Sir Christopher's; never recollects seeing Rog at any of the meetings; does not recollect any thing very particular that was said at this meeting; believes that something was said of what Roe was to do. "What was " he to do?" He was to go round and speak to the people, to the inhabitants, to his friends, to all the party, to the voters. "What was he to say to them?" Does not recollect. "What was he to do?" "To the best of my recollection he was to give them something to drink health." "Those health? I believe, the peace of the Borough." It might be said Sir Christopher's health; believes it was so. "What was the sum he was to give? Has some notion that it was twenty shillings; believes that this was to each voter that would accept of it; never heard Henwood's name mentioned in the Committee; has seen Roe and Henwood several times go about the streets together since the meeting; has seen them go into the houses of the voters; was an overseer of the poor in 1805 and 1806; received ten guineas each year, as overseer, through the hands of Croggen; was a voter when overseer; at Sir C. Hawkins's it was agreed that ten guineas a year should be paid to each overseer by Sir Christopher; it used to be paid by the patron; Sir Christopher said he was satisfied to do it, as it had been done before; Mr. Dillon paid the money to Mr. Croggen, he being a magistrate; saw Sir Christopher go about the Borough, but not, as he knows, to canvass

any one.

Cross-examined by Mr. GARROW.-Had no idea that the money was for purposes of bribery; the snais given were not, by him, regarded as having the least connection,

with election purposes; did not think, at first, that there would be any opposition; voted for Sir Christopher and Swann; became a witness in support of the petition of Wingfield and Trevanion; had ever respected my Lord De Dunstanville, who was a most worthy nobleman; never heard of the pardon, till it came into court.

Examined by the Judge." Now, Moon, "answer me; and recollect, that, as I told you before, when you know a thing, and say that you think it, or believe it, you swear falsely.What was said, at Sir "Christopher's, about giving the usual sum, and to whom? I don't recollect. "To what description of persons? The vo "ters. Was it twenty-four guineas each, "and did Sir Chistopher agree to give that

sum? He said he had no objection. "What persons were then in the room? "STONA the elder, DILLON (he adds other "names). Was it said how often twenty "four guineas were to be given? No. Was "it said when? Time not specified. For "what was twenty-four guineas the usual "sum? Cannot tell, my lord, am sure I "never meant any harm; I did not know "that there was any thing wrong in it. "Was that sum ever given but after an "election? I do not know that it was. Did you ever see twenty-four guineas given at any time? No, my lord."Twentyfour guineas was mentioned in presence of the defendants; they, at their previous meeting, agreed that that sum should be proposed to Sir Christopher; at the same time it was agreed to propose to him to give twenty guineas a year to the two overseers, who were both voters; it was understood, at the meeting, that the sums of twentyfour guineas were to be given to voters, not to every voter, but to each of some of them only; it was intended for the friends who voted, if they chose to take it; what he heard read from the paper, by Sir Christopher, agreed with these previous arrangements; to the best of his knowledge he heard Sir Christopher read about giving the usual sum; has no doubt of it; not quite so sure, that he heard him read about the ten guineas to each of the overseers.

Messrs. EDWARDS and WARREN, two attorneys of this county, were called to prove, the service of notices and the Speaker's warrant upon Sir Christopher Hawkins, and the other defendants, to produce the paper described by Moon; and, it appeared, from the evidence of Mr. Warren, that, when he served the Speaker's warrant upon STONA, that latter told him, that the paper (which was fully described in the warrant) had been

destroyed long since; and, that, as to the other paper, namely, the other part of the agreement, he knew nothing about where

it was.

J. W. CHILCOT (the steward or agent of Sir Christopher Hawkins) was the next witness examined, and his memory appeared to be quite as good, to say the least of it, as Moon's was bad. No faltering; no hesita tion; his answers were all off-hand; and, as Mr. Garrow exultingly described him, he seemed to be a witness intended by nature to form a contrast in point of memory, with Benjamin Moon.He saw the paper at Trewithen; he read it; copied it, in another room, by the direction of Sir Christopher; brought back the original and the copy and laid both upon the table; aw one paper in the hands of Sir Christopher, and the other in the hands of the Committee; saw signatures to one paper; to signatures to the original when he coed it; saw the party from Penryn all ign one paper; never saw either of the paers since that day; cannot tell which paper as taken away; last saw one paper with ir Christopher and one with Stona; he ad the paper aloud to both parties before ecopied it; Stona, the Rev. Robert Dillon, id others were present; read it for the pursse for them all to hear; Sir Christopher

his pen through some parts of the paper, nd then desired him to copy it; copied it, aving out the erased parts; the paper conined from four to six propositions, but not ore than six; and, at the head, stated at its object was to restore peace and tranillity to the borough of Penryn; one of the opositions was, that the patronage of the rough should be offered to Sir Christopher awkins; another, that Sir Christopher ould, at the next election, have the power naming a member to serve in Parliament the borough; another, that, when there uld be a second vacancy, the party opsite to the corporation, should name nember; another, that they should supt Sir Christopher with their votes and erest; there was another, but is notcertain ether that was in the paper at last, or not, this related to the supply of news-papers the corporation, as usual; did hear a consation about the ten guineas a year to each the overseers; heard of no other money positions; about December 1800 was ected by Sir Christopher to pay expences urred at the election'; paida hundred pounds Mr. J. Stona, in ten notes of ten pounds ; sent the money by Willian Williams; Stona's receipt.

og was called. This man had, by Moon, n described as a farmer, and I wish,

with all my soul, that my abilities were, equal to the task of giving you, Gentlemen, an adequate description of this Cornish farmer. He appeared to be between fifty and sixty years of age; his stature was rather athlet.c; his shoulders were somewhat rounded by age and labour; his hair was coal black, intermixed with white; his complexion dark and ruddy; his lips were drawn inwards to the complete kiding of the red, which extended the latitude of his cheeks, already more than sufficiently wide; his eyes, which were piercingly sharp, were to be perceived only in glances through his long and overhanging eye-brows; and, as he mounted, with slow and cautious step, into the witness box, he turned his head from side to side, with a look as wary and as anxious as if he had thought, that, from every point of the hall, a pistol was aimed at his head. Good God, what a look!This ' man, this Cornish farmer, being asked what he had to do with STONA, in April, 1806, answered, after some hesitation, that they had some money-matters to chat about. "What was the nature of those moneymatters?" "I do not think it safe to myself to answer that question." The Judge then said. Roe, it is my duty to in"form you, that you are not bound to answer any question, if such answer shall "tend to criminate yourself." "Thank you, my lord! thank you, my lord! very "much obliged to you, my lord!" And thus, in repeating his expressions of self-convicting gratulation, he left the box and sunk from our sight, leaving me, for a moment, under the horrid idea, that I had, in coming over some of these western hills, in the night, been taken up by the wind and conveyed across the Atlantic; where there are, with some exceptions, a whole nation of Roes.

66

J. W. CHILCOT, of excellent memory, was called again after the descent of Roe, and questioned by the JUDGE. Does not remember what was contained in the parts, struck out of the paper; Sir Christopher Hawkins said, when it was proposed to insert the condition relative to the ten guineas annual allowance to the overseers, no, no; we had better not insert that." There was a conversation about ten guineas to the overseers; has not a recollection of what was finally settled upon this head; does not know, that any thing was said about paying voters; the paper contained nothing about paying the overseers.

Here, the evidence being closed, MR. GARROW made a long speech, which, as far as it related to the case, contained nothing, which, if given verbatim, could be at all interesting to you, as it consisted principa l

of an exposure of the prevarications and selfcontradictions of Moon, which were too palpable to escape the observation of any man. But, this gentleman, in the out-set of his speech, took occasion to deprecate this mode of putting men upon their trial, that is to say, in virtue of an order of the House of Commons. He very concisely and very ably described the several other modes of putting men on their trial; that by bill of indictment that by information issuing upon rule from the court of king's bench; that of information ex-officio by the attorney general; of all which he highly approved"; nay, he said, that if, upon this occasion either the attorney general or the learned serjeant who represented him here, had been left to exercise their wisdom upon the matter, he should not have objected to it ;"but," said he, turning up his nose, "under what "sanction does this charge, levelled against "the fame of nineteen honourable men, " come before you, gentlemen? Why, verily," tossing ont the back of his hand, " that of an order of the House of Com"mons!"-Serjeant Lens, considering the up hill cause, which he had now to sustain, and especially with the defence which he had to make of the source of the protecution, acquitted himself with great ability. But the serjeant, who, notwithstanding bis constitutional doctrine, appears to be a man of great merit, and by no means impudent, could not help feeling the cruelty of his opponent, in throwing upon his shoulders a defence of his clients, the House of Commons. He appeared to feel the whole weight of it; and, as he did not venture to seek revenge, by hinting that Mr. Garrow's contempt of the Honourable House, might, perhaps, be justifiable upon principles of reciprocity, evidently laboured, to the end of his speech, under the great disadvantage of following a triumphant adversary. The Honourable House had, at this trial, the singular misfortune, to have a doubt raised, respecting its understanding, by the means which it had adopted for what is called "preserving its purity;" and, when Mr. Lens made use of this last quoted expression, it was quite shocking to perceive the irreverent feelings, that appeared to be excited; though, as I afterwards was given to understand, that "Honourable Gentleman," Mr. HORNER, was not only in court, but actually sitting at the bar in a black gown and a white wig.

clear and impartial manner. He said, that there appeared little doubt of there having been some such agreement as that which had been described in the evidence, "and, said he, gentlemen, it is scandalous and "atrocious in itself, that men should de"liberately bargain for the purchase and sale "of that which the law requires should be given freely, without reward, or promise "of reward, and which, moreover, they swear to give freely, and totally uncon nected with any pecuniary view; but, a these acts affect society they are to be "considered as still more detestable; fr "if oaths can be thus sported with, it i quite impossible that we should de ive from "moral obligation, any security

for

propert or life; and, as to the constitution, it act "like these are regarded as harmless, it is though it has been, and may still be, o "boast, something less, if possible, than

shadow." He told the jury, that the ba gain for giving ten guineas to the overseer was full as unlawful as any other part of th agreement, because, it was the duty of per sons appointed overseers to serve that offic free of reward, or emolument, of any kind or in any shape; that any money given them by Sir Christopher Hawkins, in ce sequence of a bargain, such as had bee described, could be considered in no othe light than that of a bribe, under which de cription, indeed, came all the promised sua of this bargain, or screement. But," he, gentlemen, we must got suffer of "abhorrence of the crimes charged, to lea

us away from a due and dispassionate co "sideration of the question, whether the "have, by the evidence that we have bean "been brought home to the defendants "And here, gentlemen, you will perce "that the only witness, whose eviden "makes for the pri secution, is Benjam "Moon. If you believe the account whi "Moon, in the latter part of his exan "nation, has given of the agroomert

tween Sir Christopher Hawkins aud "committee from Penryn, there can "little hesitation in finding these defenda

66

guilty; but, it is my duty to point out

you why he is in no case safely to be "lied on." He then went on to show prevarications and self-contradictions Moon; he pointed out how his memory came clarified after the pardon had been duced; and shewed, which, indeed, the obvious fact, that if Moon swore in the latter part of his evidence, he sw falsely in the former part of it; and tha he swore truly in the former, he swore fal in the latter; so that, at any rate, this