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whose evidence alone a verdict of guilty could be pronounced, had, in the presence of the jury who was to pronounce that verdict, manifestly shown that he was not to be believed. The jury gave a verdict of NOT GUILTY, to the perfect satisfaction of all who heard the trial; because, as the Judge observed, however well they might be satisfied, that something unlawful and very dishonourable bad taken place; however strong the presumptions might be against the defendants; still, it were better that they should escape, than that any man should be found guilty upon the uncorroborated evidence of such a witness as Moon.Here I will, for the present, take my leave of this trial, with observing, that, to all the other numerous causes of impunity to bribers and corruptors, may be added this, which appears to be peculiar to them, that, when hard pushed, they frequently derive security from the infamy of their friends.

I am,

Gentlemen,

Your faithful, and most obedient servant, WM. COBBETT.

LETTER II.

TO THE INDEPENDENT ELECTORS

OF THE

CITY AND LIBERTIES OF WESTMINSTER.

Ivy Bridge, Devon, Aug. 24, 1803.
GENTLEMEN,

In the case, to which the second Trial related, SIR CHRISTOPHER HAWKINS, BARONET was also, as I stated before, the principal party. There were. fire other defendants, and, in this case, it will be necessary, with a view to a clear explanation of the transactions, in which they were concerned, to give you all their names, and, moreover, it is right that the example of the clergyman whom you will find upon the list, should not be hidden from the world. The defendants were, then, Sir Christopher Hawkins, Recorder of the Borough, and whom we are now to contemplate as the patron of the Borough of GRAMPOUND (for there appears to be no bounds to this gentleman's "laudable am"bition," as Mr. Lens calls it, in this particular way), William Symons, the Mayor, the Rev. George Moore, John Craggon, David Varcoe, and George Hoyte, the four latter being Capital Burgesses, a dignity of which you will have hereafter a clearer no

tion.

Before I come to the particular acts, of

which these persons stood charged. you should be informed of the circumstances, which led to the commission of those acts.

-For about twenty years, preceding the summer of 1806, Sir Christopher had enjoyed the uninterrupted patronage of the Borough. It appears that, at the clection, which immediately followed the WHIG DISSOLUTION, at the time just mentioned, Sir Christopher took one seat for himself, and placed in the other a Mr. Fawcett, then, I believe, lately returned from Hindostan, that country so famous for breeding members of parliament; that, from some cause or other, the electors of Grampound were not satisfied with the demeanour of their new member, who failed, I believe, in discovering, after the election was over, a sufficient degree of that "laudable bene"volence," of which Mr. Lens gave us rather imperfect description; that the electors, or a majority of them, after having waited a reasonable time, complained to Fawcett of this his conduct; that Fawcett assured them, and convinced them, that the fault was not his; that he, considering Sir Christopher to be not only generally the more experienced person, but, in this special instance, much better acquainted with the usages of the Borough, as well as with the individual merits and claims of the voters, had delegated to him the full power of acting on his part; that the dissatisfied electors represented this to Sir Christopher; that he, not then foreseeing that another election was likely so soon to take place (nor during his life, perhaps, for he appears to be nearly seventy years of age), gave them but a very unsatisfactory answer, consisting of mere words, which are wind; that, however, it happened, unfortunately for Sir Christopher, that there very soon after arose a strong probability of Sir Christopher's own seat becoming vacant at Grampound in consequence of the transactions at Penryn, of which transactions you have already been made acquainted; that, upon the dawn of this probability, the dissatisfied electors of Grampound (who were a decided majority) conceived the idea of withdrawing their Borough from the patronage of Sir Christopher, and, as you heard at the time, did actually offer, in case the expected vacancy should take place, to elect Sir Francis Burdett, or any gentleman whom he might recommend to their choice; that Sir Francis declined the offer for himself, but recommended to them, upon the presumption that they meant to act upon principles quite disinterested, to elect the HONOURABLE AN-, DREW COCHRANE JOHNSTONE, a gentle.

man whom he regarded as having been most cruelly oppressed, and whom he was anxious to see in a situation, where he would be able to do something, at least, towards protecting others from similar oppression; that, before the proceedings necessary to produce the vacancy of Sir Christopher's seat, upon the Penryn charges, could be gone through, came the No-POPERY dissolution, in April 1807, which, of course, gave the electors of Grampound an opportunity of choosing two new members instead of one, and of completely ousting Sir Christopher from his patronage of the Borough; that now Mr, Cochrane Johnstone with his brother Mr. George Augustus Cochrane, went down, and offered themselves as candidates, in opposition to one Williams, a London banker, and Alexander Baring, an American merchant, standing upon Sir Christopher's in terest, and, by a very large majority were elected; that Williams and Baring petitioned against the return, and that the election was, on the 9th of March last, declared to be void; that on the 17th of the same month, another election took place, when (Mr. Cochrane Johnstone being abroad) Capt. Holmes stood in his place, along with Mr. George Augustus Cochrane, who (against the same Williams and a Mr. Teed, a Navy agent and banker at Plymouth) were elected by a majority of thirteen, they having twen ty-seven votes against fourteen on the side of Sir Christopher's candidates; that the Mayor, however, who was one of those who were satisfied with Sir Christopher's patronage, struck off, under various pretences, as many votes at it was necessary to strike off, in order to leave Sir Christopher's members a majority of one vote; that Cochrane and Holmes petitioned against this return; and that, in a very short time afterwards, they were, by the decision of a committee of the House of Commons, placed in the seats, which had been, in consequence of the unjustifiable return of the Mayor, filled, for a few weeks, by Williams and Teed.

Now, Gentlemen, we come to the transactions which formed the subject of the trial, on the 20th instant, at Bodinin, and which took place in pursuance of a criminal information, filed in and issuing from, the Court of King's Bench, against the defendants. You have seen, that Sir Christopher had lost the Borough; that he had lost the majority, but that he had not lost all the voters. There were still some, and those the leading ones, in his interest, who, for reasons quite sufficient in all probability, were satisfied with him as a patron. The object was, then, in

the autumn of 1807, to add, if possible, to the number of Sir Christopher's voters, before another election, from whatever cause, should take place. It was in vain attempted to draw over the voters of the Cochranes, who, by what means, I do not, observe me well, pretend to say, had attached their majority firmly to their interest. This mode of adding to Sir Christopher's voters appearing to be hopeless, another was attempted, namely, that of increasing the number of voters in the Borough, taking care that the increase should consist wholly of persons who would vote for Sir Christo pher, or candidates set up by him. An increase was actually made accordingly, and, it was of the crime of "conspiracy and mis"demeanour," committed in the making of this increase, that the defendants stood charged.

I regret the going into further preliminary matter, but, Gentlemen, in order to arrive at a clear and correct conception of the acts charged against the defendants, it is necessary that you follow me through a description of the constitution" of a Cornish Borough; which, for reasons that you will not find it difficult to discover, is not considered less " glorious" by the electors of Grampound, than another constitution (in its present practice) is, by Mr. Serjeant Lens and the people at Whitehall.- The body corporate of Grampound consists of a Recorder, who has no vote at elections; of a Mayor, who has a vote; of eight Capital Burgesses, who have votes; of an indefinite number of free-men, each of whom has a vote. Now, the number of free-men being indefinite, you will, at once, see, that the power of making new free-men is, as to electioneering purposes (and, indeed, those appear to be the only practical purposes for which the corporation exists) of the greatest importance; for, if the Recorder, or the Mayor, or any of the few, could make freemen at their pleasure, it is very evident, that they would, by one means or another, always get as many votes as they wanted to keep down such of the free-men as should be opposed to them. Therefore, in order to insure to the free-men the means of selfprotection, in this respect, the following rules have been adopted, and have, it ap `pears, been in usage from time immemorial. It was proved, that it is only at two fixed periods in each year that new free-men can be legally made; that these two periods are at, or near (a circumstance of no importance), Easter and Michaelmas; that upon these occasions there are other matters to transact, and that it is not a necessary consequence of

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AUGUST 27, 1809.-Letter to the Electors of Westminster.

1

the meeting of the corporate body that any free-men at all should be made, which you will easily perceive to be the fact, from the small number of voters now in the Borough; that, these meetings are called courts-leets, or law-courts, at which the Mayor presides, assisted by the eight capital Burgesses, who are sworn to be of good council (good lord!) with the Mayor; by the Recorder; and by the Town Clerk, whom I shall have the honour, and no small one you will find it to be, of introducing to you anon; that, the court being thus assembled, on the days fixed, as before-mentioned, the Mayor chooses two of the Burgesses, who, when so chosen, are called Elizors, to be foreman of a jury; that, the Elizors then choose a number not less than ten, from amongst the freemen, who, together with the two Elizors form a jury, which jury, having first taken an cath in the form of a GrandJury oath, retire to the chapel (the parish church being at a distance) and draw up a presentment, which they sign, and then deliver it to the court; that, in this presentment, they may, if they see fit, include the nomination of new free-men, which free men, so presented, acquire, at the distance of a year and a day from that time, the right of yoting for members of Parliament.

In these rules, Gentlemen, you will see that there existed a complete check upon the higher against the lower order in the Borough, and you will now see how this check was got rid of. There were found to be, at the last Michaelmas court (the time when the acts charged against the defendants were committed) but seven free-men in favour of Sir Christopher Hawkins. fore, if the ancient custom was adhered to, It was, thereimpossible to procure the making of new free-men in his favour; because, at the very least, it required, for that purpose, ten free men in his favour. The 19th of October, is the day fixed for the holding of the autumnal court. Previous to this day, various means are stated to have been made use of, in order to bring over the requisite number of free-men; but, these means having failed, the court, in a few minutes after it was assembled, adjourned, without any cause alledged, to the 26th of October; and this, the charge stated, was for the purpose of bringing over free-men, in the mean while, by the means of bribery and corrup tion.

The 26th arrived, however, without the expected success; now, therefore, as a last resource, it was determined to make up a jury which should be wanting in the accustomed proportion of free-men, which determination they thus executed.

The

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Mayor named two Elizors, in the usual way, one was David Varcoe and the other George Hoyte, and these two, instead of choosing ten or more FREE-MEN to be their co-jurors, chose the seven free-men in the interest of Sir Christopher Hawkins, and four CAPITAL BURGESSES one of whom, by-the-bye, was a reverend WM. EDWARD DILLON, and another might be expected, presented some persons of them, a person in his dotage. This jury, as to be new free-men. There were six of them, I believe, but the exact number is immaterial. The free-men, who were in the interest of the Cochranes, presented a protest against this proceeding; the facts were afterwards stated, by affidavit, to the Court of King's Bench, and upon those affidavits, a criminal information was issued, put upon their trial, at the time and place upon which information the defendants were and a common jury; and I will now proceed above-mentioned, before Mr. Justice Bailly to lay before you the evidence given in support of the charge,

The first witness that was called, after a Mr. HUNT from London, who produced certain documents containing proof of the could speak as to some customs thereof, and existence of the Borough, was a person who also as to some rather unimportant circumstances relating to the assembling and adjoinof the court-leet, on the 19th of October. And here, Gentlemen, I am forcibly tempted into a digression, which, though it will extend a letter, that already threatens to be of an immoderate length, will, I am satisfied, give you a clearer insight, as to the political state of the county of Cornwall, then you will be able to obtain from any of, or all, the publications, at this day extant. When this person's name was called, the sudden direction of all eyes towards the spot whence his answer issued, together with the comadd, the obsequious, look of but too many plaisant, and I wish truth would not let me at the bar, made me conclude, that the person, about to be examined, was à lord, at ing to myself, that it was a good deal better the very least, and I could not help thinkto be a lord in Cornwall than in St. James's street. But, Gentlemen, guess, if you can, at my astonishment, when, upon the termination of the evidence of this man, to be known to whom some of the advocates, on both sides, seemed to be proud, I looked up behind me (to the side of the judge where he was standing) and perceived an attorney, of the name of CoODE, with a bundle of smoky papers in his hand, tied round with a bit of pack-thread! This was the Town-Clerk of Grampound, upon whose advice, as he him

self stated the court-leet of the 19th of October was adjourned, and who attended as townclark, on the 26th of October. There was very little to excite interest in the conduct of this man, at Grampound; nor did his evidence seem to be very important; but, what the devil entitled him to the privilege of giving his evidence from the side of the bench where the Judge was sitting! I put this question to one of the counsellors, who, after having taken a moment as it were to reflect upon the probable cause, told me that Coode was the under-sheriff this year. Not satisfied with this, however, I applied, for further explanation, to a neighbour on my left, who, at first, answered me with a "hush, hush, hush," raising his eyes slowly towards Coode, and, at last, fixing them upon him, in a look, expressive of that veneration and awe, which, through the windows of the print-shop in Pall-Mall, you see so admirably blended in the representation of ABELARD kneeling before the Crucifix. In short, not to waste my and your time in minute descriptions, I found, that this man's name was Edward Coode, the partner of another attorney of the name of Charles Rashleigh; that these men, as attornies, have the giving of, perhaps, three or four hundred fees in a year; that Rashleigh is Receiver-General of the county, and Clerk of the general meetings of the Deputy Lieutenants, that is to say, in fact, the representative of the Lord Lieutenant; that Coode is Deputy Clerk of the Peace for the county, Treasurer of the county, Town Clerk of the Boroughs of Grampound, St. Michael, and Tregony; that Coode is, almost every other year (the law prohibiting his being so every year), under-sheriff of the county, in which years, you know, the law forbids him to be an attorney, and, of course, you know, he casts his capacity of "attorney for those years, taking it up again at the end of each year; that Coode is, besides, a banker; that, together, or separately, these men are agents, in one way or another, for two thirds of all those who have influence in the county; that Rashleigh, Those interest put GREGOR, the late county member, in, has now put in his own nephew in Gregor's stead; that such, and so generally known and acknowledged, is the extent of their power, that the common people, who are backward neither in perceiving nor ridiculing the degradation of the higher orders, call these men, one King Charles and the other King Edward. Well might my poor friend Abelard cry "hush"! Well might an ignorant crowd stare with admiration! But, that the bar should look obsequious! That there should

be met with, amongst gentlemen by profession, and, what is more, men of really great talents, a rivalship in this the most degrading sort of huggery, is a reflection, at which the mind sickens with disgust.

The next witness called was EDWARD HOARE.-Sir Christopher asked him on the 19th of October, if he would be upon the jury; he answered that he was very willing; Sir C said that he wanted to bring in a few friends; the witness told him he would vote for any of his friends; Sir C. told him that he would get nothing from the Cochranes; witness answered that he expected nothing; was then told by Sir C. that, if he would go into the jury, for the purpose of voting in free-men, he would always be a friend to him; this was about half an hour before the court met.

WILLIAM GOYEN said, that, about two or three days before the court met, on the 19th of October, the Mayor's son came for him and Restarick; they went to the Mayor's house; Sir C. was there, and the Rev. M:. Dillon was there; Sir C. asked him to be on the jury, to bring in such and such men, the six that were proposed; he answered that he would not, and that he thought there was no necessity of bringing in any freemen at that court; Sir C. said, that, if he would not, he could get ten of the party to bring in half the town, if he wished it; answered that he thought he could not get one; Sit C. mentioned names; attended the court on the 19th; remembers that several freemen were present ready to go upon the jury; Restarick was not present at the conversa. tion between him and Sir Christopher.

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JOHN BROWN said, that all the defendants (naming them) were present, when the court was adjourned, on the 19h; Charles VARCOE (one of the Capital Burgesses put upon the jury) was so feeble as to be unable to walk alone; Varcoe did not appear to hear his name when it was called; Varcoe's son touched his father, when his name was called, and said, you must say, here, fa"ther;" Varcoe, when sworn (by Mr. Coode) appeared to be in a torpid senseless state; Varcoe was told when he was to kiss the book; says, that, in Jan. 1807, he heard John Croggon and Symons (who was Mayor when this transaction took place) say, that, at a former election, Varcoe was in a state of dotage, and did not know what he said; has at different times, before October, 1807, heard the Rev. George Moore say, that there could not be legally put upon a jury any more than two capital burgesses; and that all, except two, must be free-men,

FRANCIS BROWN corroborates the evi

dence of John Brown with respect to the dotage and imbecillity of Varcoe; he saw Varcoe sworn; he saw Sir Christopher canvassing.

PHILIP LUKE said, that, between the holding of the two courts, the Rev. George Moore came to him, desired him and his wife to go to his house, and asked them if they would rather live well, or hard; he answered, that, to be sure, he would rather live well; the reverend George Moore said he would give him a line to carry to Sir Christopher at Trewithen; told the reverend Moore that he would not accept of it, and that he would not deceive his party for a thousand pounds; the reverend Moore told him to go and consider of it; here they parted. Being cross-examined, he said, that, on the 19th, the Cochrane party met, and that a paper was drawn up about who should go to the court and who should stav away; that the old men were to stay way; because the old men had not strength to tarry upon the jury; it was understood that no presentments of freemen were to be made it was so agreed to; they went to the court according to this agreement ; believes that the object was to the out the other jurymen; at Goyen's, or the 20th, it was, from first to last, agreed, that no presentments of new free-muen should be made; they confined their resolution to the presenting of free-men.

ANN LUKE corroborates the evidence of her husband as far as relates to the offers of the reverend Moore, and adds, that she was sent to communicate, and did communicate, to that very reverend gentleman, her husband's rejection of the offer.

ISAAC WATTS says, that Varcoe did not know his own relations; his victuals were cut for him, as for a child; on the 26th Varcoe told Watts that he did not know who was presented; between the 19th and 26th of October, heard the Rev Mr. Dillon say, while the free men were huzzaing in the streets, "We will have some of them one way "1 or one way; y;""yes," said Symons, the Mayor, "for all their noise, we will do "for them;" Croggon said, they talk of power, but, next week, we will let them

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see, whether we have any power or not." Symons said, he could put off the court for three months longer if he liked, and that they would do for their twenty-seven before the next week was over; Sir Christopher, who was present at this time, said, “mark "those men who are now huzzaing;" Sir C. said, "mind so and so, they shall repent "of it." Witness saw George Hoyte go into Goyen's; he told witness that he would

cause him to be presented (witness not being a free man) and that he and Varcoe were to be upon the jury. Between the two courts, George Hoyte told the witness, that Sir Christopher and the magistrates (meaning the Capital Burgesses) were going to meet that evening, being the 24th of October, to settle upon who should be presented, and that, if he liked it, he should be one of the new free-mien.

JAMES COOK corroborates the evidence in proof of Varcoe's do age; says that, for two years before, the old man was in a state of secon 1 childhood.

FRANCIS BROWN says, that, between the two courts, he heard Symons and John Croggon, talk about the court; both said, that they would make a presentment of new free-men next court, whether right or wrong.

JOHN BROWN said, that Siccombe, one of the new freemen presented, was not an inhabitant of the Borough at the time; he never had a house in the place; his father, indeed, lived at Grampound; he was there only a few days before the 26th; was there merely to see his friends

JOSEPH DEVONSHIRE, who is above sixty years of age, has never lived out of Grampound above a year; never remembers any Capital Burgesses, except the two Elizors, being upon a jury of the Borough; has talked upon the subject, with many old men, now dead, and never heard them say that any such thing was.

The evidence for the prosecution, which, from first to last, was given in a manner to excite, in the mind of no one that heard it, the smallest doubt of its truth, imposed a task upon serjeant Lens (who was in this case, the defender of Sir Christopher) which he did not appear to think lightly of. As he had a very animated speech of serjeant Pell to aswer, and had no evidence to produce, against that which every man must believe, he bent his endeavours towards pershading the jury, that the offence was of a trifling nature, and the punishment, if the defenders were found guilty, would be terribly severe In these ende wours, which were well calculated for the jury, to whom he was addressing himself, he was successful, notwishstanding the charge of the Judge, who, after a very minute and fair review of all the circumstances of the case, and of all the facts that were established by evidence, at the end of a trial that isted seven hours, told the jury, that the conduct of Sir Christopher and the other defendants, in adjourning the court, in the neumer in which they did; that Mr. Moore's offer to Luke and his wife; that the offer of Hoyte

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