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upon whose eridesce alone a verdict of guilty which these persons stood charged. you could be pronounced, had, in the presence shvebi be informed of the circumstances, of the jury who was to pronounce that vero which led to the commission of ibosu acts. dict, manifestly shown that he was not to be -For about twenty yeari, preceding the believed. The jury gave a verdict of summer of 1800, Sir Christopher bad enNOT GUILTY, to the perfect satisfaction joyed the uninterrupted pa’ronage of the of all who heard the trial; because, as the Borough. It appears that, at the election, Judge observed, however well they might be which immediately followed the WHIG nissatisfied, that something unlawful and very SOLUTION, at the time just mentioned, Sir dishogourable had taken place; however Christopher took one seat for himself, and strong the presumptions might be against ihe placed in the other a Mr. Fawceit, then, I defendants ; still, it were better that they believe, lately returned from Hindostan, should escape, than that any man should be that country so famous for breeding mem. found guilty upon the upcorroborated evi- bers of parliament ; that, from some cause dence of such a witness as Moon. Here or other, the electors of Grampound were I will, for the present, take my leave of not satisfied with the demeanour of their this trial, with observing, that, to all the new member, who failed, I believe, in disother numerous causes of impunity to bribers covering, after the election was over, a and corruptors, may be added this, which sufficient degree of that “ laudable beneappears to be peculiar to them, that, when “ volence," of which Mr. Lens gave us a bard pushed, ihey frequently derive security rather imperfect description ; that the elecfrom the infamy of their friends.
tors, or a majority of them, after having I am,
waited a reasonable time, complained to Gertlenien,
Fawcett of this his conduct; thai F.twcett asa Your faithful, and most obedient servant, sured them, and convinced them, that the
WM. COBBETT. fault was not his; that he, considering Sir
Christopher to be not only generally the
more experienced person, but, in this LETTER UT.
special instance, much better acquainted
with the usages of the Boroligh, as well as TO THE INDEPENDENT ELECTORS with the individual meri's and claims of the
voters, had delegared to hin the full power CITY AND LIBERTIES OF WESTMINSTER. of acting on his part ; that the dissatisfied
electors represented this to Sir Christopher ; Ivy Bridge, Devon, Aug. 24, 1803. that he, not then fo.rseeing that another GENTLEMEN,
election was likely so soon to take place (nor In the case, to which the during his life, perhaps, for he appears to be sound Trial relateit, SIR CHRISTOPHER
nearly swinty years of age), gave them HAWKINS, BARONET was also, as I stated but' a very unsistis:actory answer, consisting before, the principal party. There were. of mere uords, which are wind; that, howe fare other defendants, and, in this case, it ever, it happened, unfortunately for Sir will be necessary, wib a view to a clear ex- Christopher, that there very soon after arose planation of the transactions, in which they a strong probability of Sir Christopher's own were concerned, to give you all their omes, seat becoming racuni at Grampound in conand, moreover, it is right that ihe example sequence of the tranzactions at Penryn, of of the clergy man wlion you will find upon wbich transactions you have already been the list, should not be hidden from the made acquainted; ibat, upon the dawn of world. The defendants. were, then, Sir this probability, the dissati-hed electors of Christopher Hawkins, Recorder of the Bo
Grampound (who were a decided majority) rough, and whom we are now to contem- conceived the idea of withdrawing their Bo. plate as the patron of the Borough of rough from the patronage of Sir ChristoGRAMPOUND (for there appears to be no pher, and, as you heard at the time, did bounds to this gentleinan's “ laudable ain- actually ofter, in case the expected vacancy "bition," as Mr. Lens calls it, in this par- should take place, to elect Sir Francis Bure ticular way), IVilliam Symons, the Mayor, dett, or any gentleman whom he might rethe Rev. George Moore, John Craggon, commend to their choice; that Sir Francis David Varcoe, and George Hoyte, the four declined the offer for bimself, but recomlatter being Capital Burgesses, a dignity of mended to them, upon the presumption which you will have lureafter a clearer no- that they meant to act upon principles quito tion.
disinterested, to elect the HONOURABLE AN. Before I come to the particular acts, of DREW COCHRANE NJOHNSTONB, a gentle..
man whom he regarded as having been most the autumn of 1807, to add, if possible, cruelly oppressed, and whom he was anxious to the number of Sir Christopher's voters, to see in a situation, where he would be able before avother election, from whateve: to do something, at least, towards protect- cause, shovid take place. It was in vain ing others from similar oppression ; iba!, ) attempted to draw over the voters of the before the proceedings necessary to produce Cochranes, who, by what menns, I do not, the vacancy of Sir Christopher's seat, upou observe me well, pretend to say, had al. the Penryn charges, could be gone through, tached their majority firmly to their interest. came the No-Popery dissolution, in April This mode of adding to Sir Christopher's 1807, which, of course, gave the electors of voters appearing to be hopeless, another Grampound an opportunity of choosing two was attempted, namely, that of increasing, new members instead of one, and of com- The number of volers in the Borough, taking pletely ousting Sir Christopher from his pa- care that the increase should consist wholly tronage of the Borough ; that now Mr; of persons who would vote for Sir Cluista Cochrane Johnstone with his brother Mr. pber, or candidates set up by him. An io. George Augustus Cochrane, went down, crease was actually made accordingly, and, and offered themselves as candidates, in op- it was of the crime of “conspiracy and misposition to one Williams, a London banker, “ demeanour," committed in the making and Alexander Baring, an American mer- of this increase, that the defendants stood chant, standing upon Sir Christopher's in charged. terest, and, by a very large majority were I regret the going into further preliminary elected; that Williams and Baring petition. matter, but, Gentlemen, in order to arrive ed against the return, and that the election at a clear and correct conception of the acis was, on the 9th of March last, declared to charged against the defendants, it is necessabe void ; tbaton the 17th of the same month, ry that you follow me through a description another election took place, when (Mr. of the “ constitution" of a Cornish BoCochrane Johnstone being abroad) Capt. / rough ; which, for reasons that you will Holmes stood in his place, along with Mr. not find it difficult to discover, is not consiGeorge Augustus Cochrane, who (against dered less “ glorious" by The electors of the same Williams and a Mr. Teed, a Navy Grampound, than another constitution (in agent and banker at Plymouth) were elected its present practice) is, by Mr. Serjeant Lens by a majority of thirteen, they having twen. and the people at Whitehall. --The body ty-seven votes against fourteen on the side of corporate of Grampound consists of a ReSir Christopher's candidates ; that the May- corder, who has no vote at elections ; of a or, however, who was one of those who Muyor, who has a vote ; of cight Capital were satisfied with Sir Christopher's patron- Burgesses, who have votes; of an indefinite age, struck off, under various pretences, as number of free-men, each of whom has a many votes at it was necessary to strike off, voie. Now, the number of free-inen being in order to leave Sir Christopher's members indefinite, you will, at once, see, that the a majority of one vote ; that Cochrane and power of making new free-men is, as 10% Holmes petitioned against this return; and electioneering purposes (and, indeed, those that, in a very short time afterwards, they appear to be the only practical purposes for were, by the decision of a committee of the which the corporation exists) of the greatest House of Commons, placed in the seats, importance; for, if the Recorder, or the which had been, in consequence of the un. Mayor, cr any of the few, could make freejustifiable return of the Mayor, filled, for men at their pleasure, it is very evident, a few weeks, by Williams and Teed. that they would, by one means or another, Now, Gentlemen,
10 the always get as many votes as they wanted 10" transactions which formed the subject of keep down such of the free-meo as should the trial, on the 20th instant, at Bod. be opposed to them. Therefore, in order i inin, and which took place in pursuance to insure to the free-men the means of selfof a criminal information, filed in and protection, in this respect, the following issuing from, the Court of King's Bench, rules bave been adopted, and have, it ap. against the defendants
-You have seen,
pears, been in usage from lime immemorial. that Sir Christopher bad lost the Borough ; It was proved, that it is only at two fixed that he had lost the majority, but that he periods in each year that new free-men can bad not lost all the voters. There were be legally made; that these two periods are at, still some, and those the leading ones, in or rear (a circumstance of no importance), his interest, who, for reasons quite sutti- Easter and Michaelmas; that upon these occacient in all probability, were satisfied with sions there are other matters to transact, and him as a patron. The object was, then, in that it is not a necessary consequence of
the meeting of the corporate body that Mayor named two Elizors, in the usual way, any free-men at all should be made, which one was David Varcoe and the other George you will easily perceive to be the fact, from Hoyte, and these two, instead of choosing the small number of voters now in the Bo- ten or more FREE-men to be their co-jurors, rough; that, these meetings are called chose the seven free-men in the interest of courts-leets, or law-courts, at which the Sir Christopher Hawkins, and four CAPITAL Mayor presides, assisted by the eight capital BURGESSEs one of whom, by-the-bye, was a Bargesses, who are sworn to be of good coun- reverend WM. EDWARD Dillow, and another cil (good lord !) with the Mayor; by the Re- of them, a person in his dotage. This jury, as corder; and by the Town Clerk, whom I niight be expected, presented some persons shall have the honour, and no small one you to be new free-men. There were six of will find it to be, of introducing to you anon; them, I believe, but the exact number is that, the court being thus assembled, on the immaterial. The free-men, who were in days fired, as before-mentioned, the Mayor the interest of the Cochranes, presented a chooses two of the Eurgesses, who, when protest against this proceeding the facts so chosen, are called Elicors, to be fore- were afterwards stated, by affidavit, to the man of a jury; ihat, the Elizors then choose Court of King's Bench, and upon those affi. a number not less than ten, from amongst davits, a criminal information was issued, the freemen, who, together with the two upon which information the defendants vere Elizors form a jury, which jury, having put upon their trial, at the time and place first taken an oath in the form of a Grand- above-mentioned, before Mr. Justice Bailly Jury oath, retire to the chapel (the parish and a common jury; and I will now proceed church being at a distance) and draw up a to lay before you the evidence given in sup:
presentment, which they sign, and then de- port of the charge, } liver it to the court; that, in this presentment,
The first 'witness that was called, after a they may, if they see fit, include the no- Mr. Hunt from London, wbo produced mination of new free-men, which free men, certain documents containing proof of the so presented, acquire, at sbe distance of a existence of the Borough, was a person who year and a day from that time, the right of could speak as to some customs thereof, and yoting for members of Parliament.
also as to some rather uniinportant circumIn these rules, Gentlemen, you will see stances relating to the assembling and adjointhat there existed a complete check upon the of the court-leet, on the 19th of October, bigher against the lower order in the Bo- And here, Gentlemen, I am forcibly temptrough, and you will now see how this check ed into a digression, which, though it will was got rid of. There were found to be, at extend a letter, that already threatens to be the last Michaelmas court (the time when of an immoderate Jength, will, I am satisthe acts charged against the defendants were fied, give you a clearer insight, as to the pocommitted) but seven free-olen in favour of litical state of the county of Cornwall, then Sir Christopher Hawkins. It was, there. you will be able to obtain from any of, or all, fore, if the ancient custom was adhered to, the publications, at this day extant. When impossible to procure the making of new this person's name was called, the sudden difree-men in his favour ; because, at the rection of all eyes towards the spot whence very least, it required, for that purpose, ten his answer issued, together with the com. free men in his favour.' The 19th of Ocio. plaisant, and I wish truth would not let me ber, is the day fixed for the holding of the add, the obsequious, look of but too many autumnal court. Previous to this day, va. at the bar, made me conclude, that the perrious means are stated to bave been made use son, about to be examined, was à lord, at of, in order to bring over the requisite num. the very least, and I could not help thinko ber of free-men ; but, these means having ing to myself, that it was a good deal better failed, the court, in a few minutes after it to be a lord in Cornwall than in St. James's was assembled, adjonrned, without any street. But, Gentlemen, guess, if you can, cause alled yed, to the 26th of October ; and at my astonishment, when, upon the terthis, the charge stated, was for the purpose
mination of the evidence of this man, to be of bringing over free-men, in the mean known to whom some of the advocates, on while, by the means of bribery and corrup- both sides, seemed to be proud, I looked up tion. The 26th arrived, however, with- behind me (to the side of the judge where he out the expecied success ; now, therefore, was standing) and perceived an attorney, of as a last resource, it was determined to make the name of Coode, with a bundle of snooky up a jury which should be wanting in the papers in his hand, tied round with a bit of accustomed proportion of free-men, which pack-thread! This was the Town-Clerk of determination they thus executed, The Grampound, upon whose advice, as he him
self stated the court-leet of the 19th of Octo-) be met with, amongst gentlemen by profesber wasudjourned, and who attended as town- sion, and, what is more, men of really clark, on the 26th of October. There was great talents, a rivalship in this the most very little to excite interest in the con- degrading sort of huggery, is a reflection, duct of this man, at Grampound; nor did ar which the mind sickens with disgust. bis evidence seen to be very important; The next witness cailed was EDWARD bul, what the devil entitled him to the privi- HOARE.—Sir Christopher asked him on the lege of giving his evidence from the side of igih of October, if he would be upon the the bench where the Judge was sitting! I jury; he answered that he was very willing; put this question to one of the counsellors, Sir C said that he wanted to bring in a few who, after having taken a moment as it were friends ; the witness told him he would vote to reflect upon the probable cause, told me for
any of his friends ; Sir C. told him that that Coode was the under-sheriff this year. he would get nothing from the Cochranes ; Not satisfied with this, bowever; I applied, witness answered that he expected nothing ; for further explanation, to a neighbour on Wis then told by Sir C. that, if he would go my left, who, at first, answered me with a into the jury, for the purpose of voting in " hush, hush, hush," raising his eyes slowly free-nien, he would always be a friend to towards Coode, and, at last, fising them him ; this was about half an hour before the upon him, in a look, expressive of that court met. veneration and awe, which, throngh the WILLIAM GOYEN said, that, about two windows of the print-shop in Padil. Mall, or ibree days before the court mer, on the 19th you see so admirabiy blended in the repre- of October, the Mayor's son came for him sentation of ABELARD kneeling before the and Restarick ; thay went to the Mayor's Crucifix.In short, not to waste my and house ; Sir C, was there, and the Rev. Mr. your time in minute descriptions, I found, Dillon was there ; Sir C. asked him to be on that this man's name was Edward Coode, the jury, to bring in such and such men, the partner of another attorney of the name the six that were proposed ; he answered of Charles Rashleigh; that these men, as that he would not, and that he thought there attornies, have the giving of, perhaps, was no necessity of bringing in any
freeinen three or four hundred fees in a yeur; that at that court ; Sir C. said, that, if he would Rashleigh is Rectiver-General of the county, noi, he could get ten of the party to bring and Clerk of the general meetings of the in half the town, if he wished it ; answerDeputy Lieutenants, that is to say, in fact, ed ibat he thought he coulil not get one; Sit the representative of the Lord Lieutenant; C. mentioned names; attended the court on that Coode is Deputy Clerk of the Peace for the 19ih; remembers that several freemen the couniy, Treasurer of the county, Town were present ready to go upon the jury Clerk of ihe Boroughs of G'ampound, St. Restarick was not present ai the conversa. Michael, and Tregony; that Coorie is, al- tion between him and Sir Christopher. most every other year (the law probibiting Jonx Brown said, that all the defendants his being so every year), under-sheriff of (naming them) were present, when the the co inty, in which years, you know, the court was adjourned, on the 19.h; Charles law forbids him to be an attorney, and, of Varcoe (one of the Capital Burgesses put course, you know, he casts his capacity of upon the jury) was so fueble as to be candle attorney for those years, taking it up again to walk alone ; Varcoe did noi appear to at the end of each year; 113t Coode is, hear his name when it was called ; Varcoe's besides, a banker; that, together, or sepa- son touched his father, when his name was rately, these men are agents, in one way or called, and said, “
you must say, here, fa. another, for two thirds of all those who " ther;" Varcoe, when sworn (by Mr. have influence in the county; tlrat Rashleigh, Coodie) appeared to be in a torpid senseless those interest put GREGOR, the late county state ; Varcoe was told when he was to kiss member, in, has now pot in bis own the book; says, that, in Jan. 1807, he nephew in Gregor's stead; that such, and so heard John Croggon and Symons (who generally knowo and acknowledged, is the was Mayor when this transaction took place) extent of their power, that the common say, that, at a former election, Varcoe was people, who are backward neither in per- in a state of dotage, and did not know ceiving nor ridiculing the degradation of the what he said ; has at different times, before higher orders, call these men, one King October, 1807, heard the Rev. George Charles and the other King Edward. Moore say, that there could not be legalWell night my poor friend Abelard cry ly put upon a jury any more than two
hush”! Well might an ignorant crowd capital burgesses; and that all, except two, stare with adaiiration! But, that the bar must be free-men, should look obsequious! That there should FRANCIS BROWN corroborates the ei. dence of John Brown with respect to the cause him to be presented (witness not being dorage and imbecillity of Varcoe ; he saw a free man, and that he and Varcoe were to Varcoe sworn ; he saw Sir Chrisiopher 010- be upon the jury. Between ihe two courts, vassing.
George Hoyte told the witness, that Sir Pallip Luke said, that, between the Christopher and the magistrates (meaning holding of the two courts, the Rev. George the Capital Burgesses) were going to meet 1 Moore came to him, desired him and his That evening, being the 24th of October, to
wife to go to his house, and asked them if settle upon who should be presented, and ther would rathei live we!!, or hard; he that, it be liked it, he should be one of the answered, that, to be sure, he wonld rather new free-nien. live well; the reverend George Moure said Jazes Cook corroborates the evidence in he would give him a line to carry to Sir proof of Varcoe's do'age; says that. for Christopher at Trewitben; told the reverend two years before, the old man was in a state Moore that he would not accept of it, and of secon' childhuod. that he would not deceive his party for a FRANCIS ROW'N says, that, between the thousand pounds; the reverend Moore told two courts, he heard Symons and John hia to go and consider of it ; here they Croggon, taik about the court; both said, parted. Being cross-exaruined, he said, that they wonid make a presentment of new that, on the 19th, the Cochrane party met, free-men next court, whether right or wrong. and that a paper was drawn up ahout who John BROWN said, that Siccombe, one should go to the court and who shou!! stav of the acw fretmen presented, was not an away; that the old men were to stay ? vay; inhabitant of the Borough at the time ; be because the old men had nos sirugih to never had a house in the place ; his father, tarry upon the jury; it was understoo! that inded, lived ai Grampound; he was there no presentments of freemen were to be
only a few days before the 20th; was there made : it was so agreed 10; they went to i mere; to see his friends the court according to tbis agreeent ; Joseph DEVONSHIRE, who is above sixty believes that the object was to tiit out the years of age, has never lived out of Gram. other jurymen ; at Goyen's, ou: the 20ch, it pud above a year; never remembersany Cawas, from first to last, agreed, that no pre putai Large-ses, excep, the two Eizors, being sentments of new free-nuen should be manie; upon a jury of the Borough ; has talked they coafired their resolu.ion to the presen!. upon the subject, with many old men, now ing of free-men.
dead. sad never heard then say that any ANN LUKE corroborates the evidence of such thing was. her husband as far as relates to the offers of The evidence for the prosecution, which, the reverend Moore, and adds, that she was from first to lasi, was given in a manner to sent to communicate, and did communicare, excre, in the mind of no one that heard it, to that very reverend gentleman, her hus. the smallest doubt of its truth, imposed a band's rejection of the offer.
task upon serjeant Leps (who was in this Isaac Watts says, that Varcoe did not case, ille: defender of Sir Christopher) know his own relations ; bis victuals were wlrich he did not appear to think lightiy of. cut for him, as for a child ; on the 2015 As he had a very animated speech of serVarcoe told Watts that he did not know jeant Pell to aswer, and had no evidence to wlio was presented ; between the igih and proluce, against that uhich every man must 26th of October, heard the Rer Mr. Dillon believe., be bent his endeavours towards persay, while the free men were huzzaing in the shading the jury, that the offence was of a streets,
“ We will have some of them one way trilling nature, and ibe punisbuncnt, if the or one way;" "
yes, said Symons, the detenders were found guilty, would be Mayor, “ for all their noise, we will do territiy severe In these ende avours, which “ for them;" Croggon said,
they talk of were well calculated for the jury, to wb.m. power, but, next week, we will let hern he was addressing himself, he was successo
see, whether we have any power or not." ful, notwisbstanding the charge of the Symons said, he could put off the court for Judge, who, after a very minute and fair three monilis longer if he liked, and that review of all the circemstances of the case, they would do for ibeir twenty-seven before and of all the facts that were establissed by the next week was over ; Sir Christopher, evidence, at the end of a trial hat mited who was present at this time, said, “ mark seven hours, told the jury, that ihe conduct " those men who are now huzzaing ;" Sir of Sir Christopher and the other deien tarts, C. said, “ mind so and so, they shall repent in adjourning the court, in the 1?ler in " of it." Wiiness saw George Hoyte go which they did ; that Mr. Moore's cfier 10 into Goyen's; he told witness that he would Luke and his wife; that the offer of Hoyte