Die Mercurii, 9 Junii 1830.
DOMINI tam Spirituales quam Temporales præsentes
fuerunt:
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Archiep. Cantuar. |
| Ds. Lyndhurst, Cancellarius. |
Archiep. Ebor.
Epus. Londinen.
Epus. Bath. et Well.
Epus. Lich. et. Cov.
Epus. Glocestr.
Epus. Bristol.
Epus. Carliol.
Epus. Cestrien.
Epus. Rapoten.
Ds. Teynham.
Ds. Boyle.
Ds. Monson.
Ds. Holland.
Ds. Gage.
Ds. Auckland.
Ds. Calthorpe.
Ds. Rolle.
Ds. Fitz Gibbon.
Ds. Carbery.
Ds. Redesdale.
Ds. Arden.
Ds. Sheffield.
Ds. Mont Eagle.
Ds. Hill.
Ds. Glenlyon.
Ds. Penshurst.
Ds. Seaford. |
Comes Rosslyn. C. P. S.
Dux Norfolk, Marescallus.
Dux Beaufort.
March. Lansdowne.
March. Salisbury.
March. Cleveland.
Comes Shrewsbury.
Comes Westmorland.
Comes Doncaster.
Comes Shaftesbury.
Comes Fitzwilliam.
Comes Radnor.
Comes Carnarvon.
Comes Malmesbury.
Comes Romney.
Comes Harewood.
Comes Beauchamp.
Comes Howe.
Comes Vane.
Comes Cawdor.
Vicecom. Lorton. |
PRAYERS.
Hickson's Marriage Annulling Bill.
The Order of the Day being read for the further
Consideration and Second Reading of the Bill, intituled,
"An Act to declare void an alleged Marriage between
Elizabeth Hickson, an Infant, and Thomas Buxton,"
and for the Lords to be summoned;
Counsel were accordingly called in.
Then George Robinson was called in; and having been
sworn, was examined as follows:
(Mr. Adam.) "What are you?"
"A Saddler."
"Where do you live?"
"I am living in London."
"Did you at any Time reside in Derbyshire?"
"Yes."
"Where?"
"At Ripley."
"Is that near the Town of Derby?"
"Yes."
"How far from it?"
"About Nine Miles."
"Is that near Stenson or Normanton?"
"Nearer Sheffield."
"How long did you live at Ripley?"
"About Five Years."
"Did you know the Family of the Fletchers, there?"
"Yes."
"Was Edward Fletcher one of that Family?"
"Yes."
"From knowing the Fletchers, did you become
acquainted with Thomas Buxton?"
"No."
"Do you know Thomas Buxton?"
"I know Mr. Buxton."
"Do you know a Man of the Name of William
Webster?"
"Yes."
"Have you often seen Buxton?"
"No."
"Have you often seen William Webster?"
"Yes."
"Have you ever had any Conversation with William
Webster about Thomas Buxton?"
"Yes."
"When do you think you had the first Conversation?"
"More than Two Years ago."
"Do you recollect Buxton going off with Miss Hickson
-the Elopement?"
"I recollect that taking place."
"How long before that Elopement had you any
Conversation with Webster?"
"Three Months; Three or Four Months."
"Was that Conversation about Buxton?"
"Yes."
"Tell us what it was."
Mr. Pollock objected to the Question; admitting, at
the same Time, that there was a Marriage in the Town
of Manchester, in consequence of a Plan between the
Parties, the Parties married living in another Parish.
The Counsel were informed, "That any Conversation
relative to the Matters stated in the Bill affecting
the Parties charged to have conspired to effect this
Marriage was receivable."
(Mr. Adam.) "State to their Lordships what the Conversation was between Webster and you, as to Buxton?"
"It was respecting his own Love Affair with Miss
Buxton, and Buxton's with Miss Hickson."
"Do not tell us about Webster's Love Affair with
Miss Buxton; confine yourself to Buxton's Love Affair
with Miss Hickson; what passed about that?"
"There was nothing particular passed."
"Do you recollect any thing - any Conversation
about any Letters?"
"Yes, I do."
"State what the Conversation was about Letters?"
"Mr. Webster pulled out of his Pocket a small Parcel
of Letters, and said those were Part of them; Copies
of Letters that had been sent to Miss Hickson; Copies
of Letters he had written for Thomas Buxton."
Mr. Pollock objected to the Evidence; submitting,
"That not being Evidence against Buxton, it was not
receivable in the present Case."
Mr. Clarke was heard in support of the Objection.
Mr. Adam was heard in support of the Evidence.
The Counsel were informed, "That this appeared to
be Evidence to be received for the Purpose of establishing the Course of the Conspiracy, there being Proof
of a Conspiracy for the effecting a particular Object."
(Mr. Adam.) "Do you recollect, before the Time
when these Letters fell out of his Pocket, and that
Conversation took place, any Conversation about
Letters?"
"No."
"Do you remember any Conversation with Webster
about Buxton and Miss Hickson, with reference to
Webster himself?"
"Yes."
"What was it?"
"He said that he should be handsomely rewarded for
his Trouble-for the Trouble that he had been at-by
Thomas Buxton."
"Did he state what the Trouble was?"
"No."
"Did he state how he was to be rewarded?"
"No."
"Do you mean to say that he simply stated that he was
to be handsomely rewarded?"
"Yes."
"How did that Conversation begin; who was present
at it?"
"The whole of Mr. Fletcher's Family."
"Of whom did they consist?"
"Of Mr. Fletcher and his Wife, Three Daughters and
Two Sons."
"Do you recollect how it began; what led to it; who
first commenced the Conversation?"
"The Love Affair between Mr. Buxton and Miss Hickson?"
"Who commenced that Conversation?"
"Mr. Webster himself."
"How did it begin; what did he say?"
"I do not remember the Manner in which it was
introduced; it was introduced without any Fear, or
directing his Discourse to one or the other."
"Do you recollect what the Substance of his Discourse
was?"
"No; it was principally the Love Affair of his own,
and the Love Affair of Mr. Buxton with Miss Hickson."
"Did any body else take a Part in the Conversation?"
"Yes."
"Who did?"
"It was spoken of in Mr. Fletcher's Family."
"Was Miss Hickson known to Mr. Fletcher's Family?"
"No, I believe not, at that Time."
"Was any thing said about who Miss Hickson was?"
"No more than that she was a Person of Fortune."
"Was it said that she was a Person of Fortune?"
"That she had a small Fortune of her own, and great
Expectations."
"Who stated that?"
"Mr. Webster."
"Was there any further Conversation about Miss
Hickson after that?"
"Yes; the Love Affair was spoken of."
"Was it at the same Time that the Letters were
dropped out of his Pocket?"
"Yes."
"It was all at the same Conversation?"
"Yes."
"Do you recollect seeing William Webster at any
other Time?"
"Yes; I was with him at different Times."
"At those other Times was there any Conversation
respecting Buxton and Miss Hickson's Marriage?"
"Yes."
"State what it was, and how it arose?"
"Mr. Webster introduced the Conversation himself."
"What did he say?"
"I do not recollect what he said."
"What was the Tenor of the Conversation; do you
recollect what passed upon that Occasion; I do not
ask you the Expressions, but the Purport?"
"I do not recollect what passed; nothing of Importance passed in my Presence at that Time."
"What did Webster say at that Time?"
"He said, as I have before stated, until the last Time
I saw him previous to the Elopement."
"Tell us what did pass, and their Lordships will judge
of its Importance?"
"Nothing important passed."
"Have you any Recollection of what did pass, whether
it was important or not; was there any further Conversation about Webster himself?"
"No; only that of his Love Affair with Miss
Buxton."
"But nothing with reference to Miss Hickson and
Mr. Buxton?"
"Yes, at different Times."
"Tell me what passed at any of those different Times,
specifying the Time?"
"At different Times he spoke of the Affair, and said
what a good Thing it would be for him if he could
get them off."
"When he said it would be a good Thing if he could
get them off, did he say any thing else?"
"He said he had some Difficulty in persuading Buxton
to take Miss Hickson away."
"Go on; and tell us what more passed upon that
Topic, if any thing more passed?"
"He said Buxton was such a Fool there was no
driving any thing into him; and he said he had to
write Letters for him to Miss Hickson at different
Times, for Buxton was such a Fool he could not write
his own Letters."
"Do you recollect any thing else that passed?"
"No."
"I understand you to say this Conversation passed
frequently, I think, was your Expression?"
"Yes."
"How often do you think you have heard Webster
express himself to this Effect?"
"I do not recollect the Number of Times."
"Was it Once or Twice, Half, a Dozen Times, or
more?"
"Half a Dozen Times, or more."
"When Webster was holding this Conversation, did
you yourself say any thing to Webster?"
"I cautioned him respecting the Part that he was
taking."
"What did you say to him?"
"I told him I thought it was very wrong for him to
take so active a Part in such a Case."
"What did he say to that?"
"He merely said he should be handsomely rewarded
for his Trouble."
"Any thing more?"
"No. He appeared in high Spirits."
"How long before the Elopement was it you gave
Webster this Caution?"
"Two or Three Weeks."
"Had you Conversation with Webster after you had
given him that Caution, and before the Elopement?"
"I saw him Once."
"In the same Society?"
"Yes; at Mr. Fletcher's House."
"After that, had you any Conversation respecting
Buxton and Miss Hickson?"
"No; after I had cautioned him, he appeared to shun
my Company."
Cross-examined by Mr. Pollock.
"When did you first make any Statement of this
Evidence to any Person?"
"About a Fortnight ago."
"Where was it?"
"It was in London."
"To whom was it?"
"To Mr. Moss."
"Who is Mr. Moss?"
"He is an Attorney at Derby."
"Is he the Attorney for the Relations of Miss Hickson?"
"Yes, I believe he is."
"How came he to find you out; or did you find him
out?"
"He sent for me to my Lodgings in Town."
(By a Lord.) "How came you to be in Town?"
"I have been in Town about Three Months, to follow
the Saddlering Business as a Journeyman."
(Mr. Pollock.) "You came up as a Journeyman,
about Three Months ago?"
"Yes."
"Do you know how Mr. Moss came to send for
you?"
"No."
"Were you ever in Business for yourself?"
"No."
"Where did you live before the Three Months you
have been in London as a Journeyman Saddler?"
"At Home, along with my Father."
"Where at?"
"In Derbyshire."
"Whereabout in Derbyshire?"
"Near Bakewell."
"How far is that from Stenson?"
"From about Twenty to Thirty Miles."
"How long did you live there?"
"Twelve Months after I left Ripley."
"Where were you living at the Time these Conversations took place?"
"At Ripley."
"Where is that; how near is that to Derby?"
"About Nine Miles from Derby."
"How far is it from where Buxton lives?"
"Fourteen or Fifteen; it may be a little more."
"How long did you live there?"
"Nearly Five Years."
"Were you then an Apprentice or a Journeyman?"
"An Apprentice."
"How old are you now?"
"Twenty-three in June; the middle Part of this
Month."
"How often did you see Buxton before he went away
with Miss Hickson?"
"Some Years before that."
"How often did you see him?"
"I do not remember the Number of Times. I was
acquainted with Mr. Buxton when young, but I have
not been of late Years."
"Do you recollect his Marriage with Miss Hickson?"
"Yes."
"How many Years before that was it that you had
seen him; how long was it?"
"I do not recollect the Time; it was several Years
before that."
"For several Years before his Marriage with Miss
Hickson, did you either see Buxton or had you any
Conversation with him at all?"
"I never saw Buxton, to my Knowledge, for several
Years."
"And perhaps you knew nothing about him?"
"Not personally. I knew where he was living, but
I had no Acquaintance with him at the Time."
"Am I to understand that all your Knowledge upon
the Subject arises from Conversations with William
Webster?"
"Yes, at Mr. Fletcher's House."
"What Knowledge had you ever of Thomas Buxton?"
"I knew him; I had been in company with him at
different Times."
"Where?"
"At Fairs in the Country."
"I understood you to say not for several Years?"
"Not for several Years before this took place."
"Can you fix the Time; about how many Years it
might be; Five or Six, or Eight or Nine?"
"Eight or Nine, or it might be Ten."
"Perhaps it might be Twelve?"
"Yes, or more. I do not recollect the Time."
"You say these Conversations took place at Mr.
Fletcher's?"
"Yes."
"Whom do you mean by Mr. Fletcher; do you mean
Mr. Edward Fletcher, or his Father?"
"At his Father's House."
"Is his Father now alive or dead?"
"His Father is dead."
"I think you say some of Fletcher's Family were
present besides yourself?"
"Yes."
"What were the Names of the Persons who were
present at those Conversations?"
"Mr. Edward Fletcher was present, and Mr. Bullivant
was present."
"Is not he a Brother of Fletcher's?"
"Yes."
"Any body else?"
"Yes; his Father was present at some of the Times
that the Conversations took place."
"Did you understand from Webster at that Time that
he was about to be married to Miss Buxton?"
"Yes; if he could get Buxton and Miss Hickson clear
off, that he should then marry Miss Buxton."
"Did not you understand from him that he was then
courting Miss Buxton?"
"Yes."
"Do you know any of the Family of Buxton besides
himself; did you know his Sister or his Mother, or did
you know his Father?"
"I knew his Mother."
"Where have you seen her?"
"At Derby."
"Were you ever at Stenson?"
"No."
"Did you never hear, during any of those Conversations, that Buxton wanted to wait 'till Miss Hickson
was Twenty-one?"
"No."
"Did nothing of that kind pass?"
"No; not in my Presence."
"Will you undertake to swear that?"
"Yes."
(By a Lord.) "Did Webster say that Buxton wanted
to wait 'till she was Twenty-one, and that he would not
let him?"
"No."
"Nothing of that kind passed?"
"No."
(Mr. Pollock.) "Can you recollect the Date, or thereabout, when these Conversations first began?"
"About Two or Three Months before that took
place."
"About Two or Three Months before the Marriage?"
"Yes."
"It was no Matter of Secrecy at all; it was publicly
the Subject of Conversation before all Persons who
happened to be present?"
"Yes."
"Were you particularly intimate there?"
"At Mr. Fletchers? Yes."
"What was your Intimacy; were you courting one of
the Miss Fletcher's?"
"No. They were Neighbours to us; next-door
Neighbours. I was intimate with Mr. Fletcher's Sons."
"Has any body else besides yourself been present at
those Conversations?"
"No."
"And the Family?"
"No."
"You never saw any other Person?"
"No, not at Mr. Fletcher's House."
(By a Lord.) "Were the Sons present?"
"Yes."
"How many Sons?"
"Two."
"How many Daughters?"
"The Daughters were not at all Times present."
"When they were present, how many Daughters were
there?"
"Three."
Re-examined by Mr. Adam.
"You say your Father lived near Bakewell?"
"Yes."
"What is the Name of the Place?"
"Dudwood."
"What is your Father?"
"A Farmer."
"Does he farm his own Estate?"
"Part of it."
"Whom does he rent the rest of?"
"The Duke of Rutland Part, and Part under Squire
Thornhill."
"Whom were you apprenticed to at Ripley?"
"Thomas Stayley."
"Do you know Bullivant, the Brother you have
spoken of?"
"Yes."
"Do you know where he is at present?"
"No."
The Witness was directed to withdraw.
Then Mary Fletcher was called in; and having been
sworn, was examined as follows:
(Mr. William Brougham.) "Where do you live?"
"At Ripley."
"What Relation are you to Edward Fletcher?"
"Sister."
"Whom did you live with at Ripley?"
"My Father and Mother."
"Are both your Father and Mother dead?"
"Yes."
"Did you live in Ripley in the early Part of the Year
1828?"
"Yes."
"Did you at that Time live with your Father and
Mother?"
"Yes."
"Are you acquainted with a Person of the Name of
Webster; William Webster?"
"Yes."
"Was he in the habit of visiting at your Father's House,
in the Year 1828?"
"Yes, he was."
"Do you recollect his coming there some Time in the
Month of May 1828?"
"Yes."
"Did you see him upon that Occasion?"
"Yes."
"Are you acquainted with Thomas Buxton?"
"I never saw him; but I have heard speak of him."
"You know whom I mean?"
"Yes."
"Have you heard of the Circumstance of Thomas
Buxton running away with Miss Hickson?"
"Yes."
"Do you remember when that took place?"
"Yes."
"Did William Webster pay a Visit to your Father's
House before that, as far as you recollect?"
"Yes."
"How long before that?"
"It might be a Fortnight or Three Weeks."
"Did you see him upon that Occasion?"
"Yes."
"Did any Conversation take place between you and
William Webster, upon that Occasion?"
"Yes."
"Will you have the goodness to state what took place
then?"
"My Sister and I were in the Parlour, and he came
into the Room at the same Time, and we had considerable Conversation upon different Subjects; and in
a short Time he asked us whether we knew Mr. Buxton.
We told him we had never seen him, but we had heard
him and my Brother speak of him. And be said he
was going to run away with Miss Hickson; and he said,
If I pull him through I shall have £500;" and then
he should marry Miss Buxton."
"If he pulled him through what?"
"I cannot tell."
"Did any thing else take place at that Time?"
"Yes; my Sister told him he was deserving of Miss
Buxton, for he had had Trouble enough after her."
"Did any thing else take place?"
"Yes; he said he would not give a Farthing for a
Girl, unless he had to go through Fire and Water for
her."
"Did Webster say any thing else?"
"Yes. I asked whether Miss Hickson had a large
Fortune; and he said, yes, he believed she had."
"Did he caution you as to mentioning this Conversation or not?"
"Yes."
"Did he say any thing else?"
"He begged that we would not mention it to any
one."
"Did any thing further take place?"
"No, not that I recollect."
Cross-examined by Mr. Clarke.
"Where do you live now?"
"At Ripley, when I am at Home."
"Whom are you living with there?"
"My Sister."
"Is it a married or a single Sister?"
"A single Sister."
"Are you and your Sister living alone?"
"There are Three of us, and a Brother that is along
with us, and Two Children."
"What Brother is it?"
"Bullivant."
"Was your Brother Bullivant present at this Conversation you are speaking of, when Webster came in?"
"No; there was no one but my Sister and I."
"Did you ask him any Questions about Buxton before
he mentioned this?"
"No."
"He came to the House and told you, if he could
get Miss Hickson away he should have £500?"
"If he pulled Buxton through he should have that."
"Did you know what he was alluding to, at least what
he meant, by pulling Buxton through?"
"Yes; if he could get her away, I suppose."
"Had he mentioned Miss Hickson?"
"Yes."
"The first thing that he mentioned was not that -
if he could pull Buxton through? Had he said any
thing about Miss Hickson?"
"Yes; he said that Buxton was trying to run away
with Miss Hickson."
"Was that the first Time that you had heard of it?"
"No; I had heard him speak of it, and my Brother
and him, but I did not take much Notice of it."
"Then he desired you not to mention it?"
"Yes."
"Did you go to Manchester when he was tried?"
"Yes; the last Time; I was not there the first
Time."
"Were you examined as a Witness there?"
"No."
"Were you there when the Trial took place?"
"The first Trial?"
"I mean when Buxton and Webster were tried and
found guilty?"
"No, I was not."
"Was your Brother Bullivant there then?"
"Yes, he was."
"Did you ever see Mr. Buxton?"
"No."
"Do you remember your Brother Edward going to
Prison for Debt?"
"Yes."
"Can you tell when it was?"
"No."
"Was he at that Time living as a Part of the Family
with you?"
"No; he was at Swadlincoat."
"Had not he been living at Ripley shortly before that
Time?"
"Some Time before that."
"How long had he left Ripley before he went to
Prison?"
"I do not know at what Time."
"Was it a Month, do you think?"
"Yes, more than that."
"With whom was he living at Swadlincoat?"
"By himself."
"Had he a House there?"
"Yes."
"He had been living there some Time, had he?"
"Yes."
"You cannot tell when it was he went to Prison?"
"No, I cannot."
Re-examined by Mr. William Brougham.
"Where is your Brother Bullivant now?"
"I could not say where he is now; I should think in
Nottingham."
"Is he imprisoned?"
"I believe so; he was the last Time I heard of him."
"For what is he in Prison?"
"For Debt; a Bill he accepted for William Webster."
The Witness was directed to withdraw.
Then Charles Wellbeloved Featherstone was called in; and
having been sworn, was examined as follows:
(Mr. Adam.) "What Business are you?"
"I am not in any Business at present."
"Were you in the Sheriff's Office for the County of
Derby?"
"For several Years, at different Times."
"Is it under the same Under Sheriff?"
"No."
"What is your Father?"
"He is dead."
"What was he?"
"He was Parish Clerk of St. Werburgh, in Derby, for
Five-and-forty Years."
"In the latter Part of his Time, did you assist him in
the Business of Parish Clerk?"
"I did."
"What were you at that Time besides?"
"I was an Attorney's Clerk at the Time."
"Were you acquainted with William Webster?"
"Yes, all his Life."
"Did you know him when he was in the Sheriff's
Office?"
"Yes."
"Is he in the Sheriff's Office now?"
"No, he is not."
"I know he is elsewhere personally; but does he still
belong to the Sheriff's Office?"
"No."
"Do you know whether he left it voluntarily?"
"No; quite the contrary."
"Do you recollect the Event of Mr. Buxton eloping
with Miss Hickson?"
"I remember hearing it spoken of."
"With reference to that Time, before you heard of
the Event, do you remember Webster at any Time
coming to you?"
"I do."
"Had you any Conversation about the Means of
effecting Matrimony?"
"Yes, I had."
"State to their Lordships what Webster said to you
about it?"
"Webster asked me, at different Times, what was
necessary to complete a Marriage, either by Banns or,
by Licence."
"Did you tell him?"
"I did."
"State what you told Webster upon those Occasions?"
"He asked me what was necessary to obtain a
Licence. I told him that they must be married in one
of the Parishes that the Parties lived in; and, for the
Purpose of obtaining a Licence, he would have to go
to the Surrogate, and swear as to the Residence of each
Party, and as to whether the Parties were of Age; and
if the Party was of Age that he meant to be married
to, it would be necessary that he should swear to that
Fact; if not, that he should obtain the Consent of the
Lady's Guardian or Parent, or whatever it might be;
and also, if the Gentleman was of Age, it would be
necessary to swear the same thing."
"You explained to Mr. Webster what was necessary if
the Marriage was to be solemnized under Licence;
what did you say as to Banns?"
"I told him, if they lived in different Parishes, they
should be asked in both Parishes; and whichever
Parish they meant to be married in, they must take the
Certificate from one to the other of the Publication of
the Banns; but if they did not mean to be married
in the Parish in which either of them resided, they
would have to go where they were intended to be
published, and take the Names of the Parties; and
perhaps the Clergyman or the Clerk might ask them
where they lived, or perhaps he might not; but if it
was a large Parish, it was very likely he would not."
"Was any thing said about the Publication of Banns?"
"Nothing more than what it was necessary to do. If
he asked them where they lived, they might naturally
say that they lived there, and they would say so, of
course."
"That if he asked them where they lived, they would
say so?"
"Yes."
"How long was it before the Elopement that you
think this Conversation took place?"
"Perhaps it was some Time in May; I cannot say
exactly."
"After that Conversation, do you remember William
Webster leaving the Sheriff's Office for any Time?"
"Yes, several Times; I remember that."
"After that Conversation, do you remember Webster
leaving the Sheriff's Office at any Time?"
"Yes; several Times."
"Do you know where he went to?"
"I have known him go to different Places."
"I want you to confine your Attention to the Absence
after this Conversation about the Publication of the
Banns?"
"He had several Absences; but one, in particular,
I understood, to go and see his Brother at Manchester,
whom he represented had been very ill at the Time."
"Did he mention his Brother's Name?"
"Yes."
"What was it?"
"Erasmus."
"You knew him?"
"Yes."
"Did you see him?"
"Yes, I saw him shortly after that."
"How shortly after?"
"I cannot say exactly; perhaps a Fortnight or Three
Weeks."
"Did Erasmus Webster exhibit any Appearance of
recent Illness?"
"Oh yes, he certainly did."
"He had been ill?"
"He did not appear to be in a perfect State of
Health, certainly."
"Do you know how long William Webster was absent
upon that Occasion?"
"I really cannot say exactly; for he was absent so
often for Days and Weeks together, and not to be
found."
"Have you ever had any Conversation with William
Webster about Mr. Buxton and Miss Hickson?"
"Yes, repeatedly."
"When was that?"
"It was after the Marriage took place."
"Was there any thing before the Marriage?"
"William Webster stated, in consequence of my telling
him how the Marriage was to be published, that he
might some Time or other give the Ringers at All
Saints a Guinea; he said it might be."
"Were you well acquainted with William Webster?"
"Oh, quite so."
"What was the State of his pecuniary Affairs, do you
know?"
"It was very much embarrassed; quite so."
"He is now no longer in the Employment of the
Sheriff?"
"No, certainly not."
Cross-examined by Mr. Pollock.
"At what Time were those Enquiries made of you?"
"The Enquiry I was speaking of was some Time
about the Middle or the latter End of May."
"Were you at that Time your Father's Deputy?"
"Yes, I was."
"Does Webster live in your Parish?"
"No, he does not."
"Did he then?"
"No, he did not."
"Did you ask what was the Object of those
Enquiries?"
"No, I cannot say that I did."
"It is not very unusual for a Person in the Situation
of Parish Clerk to have Enquiries of that sort made?"
"Certainly not."
"Are not those Enquiries such as are repeatedly and
over and over again made?"
"Certainly they are."
"And you had no Scruple or Hesitation in giving
Answers to them?"
"No, none whatever."
"I think you told their Lordships that you said, that
if it was a populous Parish very likely the Residence
would not be asked?"
"Certainly I did."
"Of course you could not mean to point out that
that was the Mode of getting the Banns published?"
"Oh yes, I certainly did so."
"You meant to point out that that was the Way of
getting the Banns published, where they did not
reside in the Parish?"
"Yes; because Mr. Webster said he wanted it to
be done secretly."
"And you pointed him out the Mode by which it
it might be done secretly?"
"Undoubtedly."
"Very likely you may be aware, from your Situation,
that it is very often done?"
"I have been with Parties who have done so, and I
know they never have enquired about their different
Parishes; it is very commonly the Case; but it rests
entirely with the Clerk and the Parson."
"Instances of that kind are not rare?"
"Not at all, in large Parishes, they are not."
"It is by no means an uncommon Thing?"
"I consider it not."
The Witness was directed to withdraw.
Then Thomas Agar was called in; and having been
sworn, was examined as follows:
(Mr. William Brougham.) "Where do you live?"
"In Manchester."
"Are you acquainted with Thomas Buxton?"
"I saw him once."
"Are you acquainted with William Webster?"
"Yes."
"Are you acquainted with Erasmus Webster?"
"Yes."
"Were you in Manchester in the Spring of 1828?"
"I was."
"Do you remember Buxton and William Webster calling
upon you at that Time?"
"They called at my House at the Time I was from
Home."
"Do you remember seeing them in the Spring of
1828?"
"I do."
"Where did you see them?"
"I saw them at the Dog Tavern in Manchester."
"Was that in consequence of an Appointment?"
"It was in consequence of a Note they left for me at
my Dwelling House, I met them there."
"You met them?"
"I did."
"What took place at that Meeting?"
"Mr. William Webster introduced to me Mr. Buxton,
a Gentleman whom I had never seen before; and he
said that they had come from Derby, and to ask my
Opinion upon an important Matter. I asked them
what that important Matter was; and Mr. William
Webster told me that Mr. Buxton was paying his Addresses to a Lady of considerable Property, and that he
had got her Consent, but found it impossible to get the
Consent of her Friends; and they wished me for to
give them my Opinion, what Way they could best
manage in taking the Girl away; and I immediately
referred them to his Brother Erasmus, who was a Solicitor, who was in the Room at the Time, as being a
Man more competent to give them Advice upon such
a Subject than myself. Mr. William Webster said, he
would rather have my Advice than his Brother's, because
I was a Man of considerably more Experience in the
World than he had; and that I had benefited his
Family by my Advice, which had been of Importance;
that he should be obliged to me if I would do it on
the present Occasion."
"What took place?"
"He then asked me if I would give my Advice
respecting the Way in which this Lady could be taken
away, or whether they could not be married by Licence.
I told him I considered it impossible; that it would
cause them, if they did, to swear through thick and
thin. Then Mr. William Webster asked me respecting
the Publication of Banns. I told him that if the
Parties resided in the Parish of Manchester for Three
Weeks, I should consider it would be legal. After
which Mr. Webster asked me if I was acquainted with
any Clergyman of Manchester. I told him, yes; The
Reverend Mr. Wray and The Reverend Mr. Dallas.
Mr. William Webster wished I would see One of those
Gentlemen, to get Information upon the Subject, to
convey to them. I told him his Brother Erasmus was
equally well acquainted with those Parties with myself,
and that I would rather decline any Interference in the
Matter; but that I should advise them to abandon
what their Ideas were upon."
"What were they upon?"
"The running away with this Girl; they wanted my
Opinion, how far it was legal or illegal."
"How far what was legal?"
"Whether they could marry by Banns or by
Licence."
"By Banns, in what Manner?"
"By remaining in the Town Three Weeks before."
"Whether it would be necessary for him to remain in
the Town Three Weeks?"
"I told him it would be necessary to remain in the
Town Three Weeks."
"Did they propose any thing else respecting the
Marriage by Banns?"
"No; they did not feel satisfied with my Answer, and
they wanted me to refer to some Clergyman. I at last
told them that I begged to decline having any thing
more to do with it, and that I considered it was not a
very respectable Matter."
"What did you consider not respectable?"
"That they wanted for me to lend myself to assist them
in a dishonourable Action; but I declined."
"What dishonourable Action?"
"They did not name any thing more."
"How did you know it was any thing dishonourable?"
"Respecting the taking the Lady away; they asked
me my Advice; the Way it was best to be done."
"Whether it was best to elope?"
"Yes."
"Did they ask you your Advice which was the best
Way to be married?"
"Yes; I told them it was impossible it could be by
Licence."
"Did they ask you any thing about Marriage by
Banns?"
"Yes; they asked me if it was legal to be married by
Banns."
"Do you mean generally by Banns?"
"Yes; by their being asked in the Church; I told
them if they resided in the Parish it would be legal."
"Did you say it would be necessary to reside in the
Parish Three Weeks?"
"Yes."
"Did they say any thing to you about being married
without residing Three Weeks in the Parish?"
"No."
"Did any thing else happen?"
"No; nothing particular."
"Nothing else took place in that Conversation?"
"Nothing else, than that I recommended to them to
abandon the Idea; that I thought they would get
themselves into great Disgrace; and I told Mr. William
Webster, you have got a young Gentleman very much
debilitated, and he is extremely nervous."
"To whom did you allude?"
"To Mr. Buxton; and I said, "If this is your Man,
Mr. Webster, you will bitch your Case."
"Was Erasmus Webster living at Manchester at that
Time?"
"I think he had left Manchester at that Time."
"Was he in pecuniary Difficulties?"
"Yes, he was, I think."
Cross-examined by Mr. Pollock.
"What are you?"
"I am a Hatter."
"Where?"
"In Manchester."
"How long have you known Erasmus Webster?"
"I suppose probably Twelve Years."
"During that Time has he been an Attorney in Manchester, or any Part of that Time?"
"Yes; he served his Time in Manchester."
"How long have you known William Webster?"
"I have known William for the same length of Time,
say Twelve Years, over or under; I will not say to a
Month or Two."
"Were you much acquainted with either of them?"
"Yes, I have been particularly intimate with the
Family, all of them."
"Probably with both Erasmus and William?"
"Yes."
"So much so that they consulted you upon this
Business?"
"Yes."
"Do you recollect precisely the Time when your
Advice was asked upon this Subject?"
"Some Time in May 1828, in the Forepart of May."
"Do you recollect what Day of the Week that was?"
"On Sunday."
"Where was it; at your own House?"
"It was at the Dog Tavern."
"How came you to be at the Dog Tavern on
Sunday?"
"I live a Mile from Manchester; and Mr. William
Webster, and Erasmus Webster, and Buxton, had called
at my House on Sunday, I being absent a few Moments
to take a Walk in the Neighbourhood; and when
William Webster and Erasmus, and Mr. Buxton had
called, my Housekeeper had told them I was out; it
would not be long before I came Home. Mr. Erasmus
Webster called for Pen, Ink, and Paper, and addressed
a Note to me, saying, his Brother William and a
Gentleman from Derby were in the Town, and wished
to see me, and requesting me to come down to the
Dog Tavern."
"Did not they wish you to consult some Clergyman
upon the Subject?"
"They did."
"Were the Names of any Clergymen mentioned?"
"I mentioned The Reverend Mr. Dallas and The
Reverend Mr. Wray."
"Did not they wish you should mention the Subject
to those Clergymen, and have their Opinion upon the
Matter?"
"They asked me if I would go and get better Information than my own."
"They either did or did not; did they not ask you
first whether you were acquainted with those Clergymen, or any Clergymen in Manchester; and did they
not then wish you to state the Matter to some
Clergyman, and get his Opinion?"
"They did not specify what I should say to him."
"Did not they wish you to mention the Subject to a
Clergyman?"
"I did not consider it generally so, but merely to know
the Way in which they could act the best."
"And they wished you to do that by Communication
with some Clergyman?"
"Yes."
"You say you declined that?"
"Yes."
"Why?"
"I did not like the Complexion of it."
"Did you tell them that?"
"Yes; I told them that I begged to decline having
any thing to do with the Matter."
"Did you say why?"
"Yes, I did; I considered that they were acting
strictly irregular, and very disrespectful."
"To you, or to others?"
"I should consider it to me particularly."
"That they were behaving disrespectfully to you?"
"Yes, to me; asking my Opinion respecting so dishonourable a Matter."
"Did you tell them so?"
"Yes, I did tell them so."
"That you thought they were behaving disrespectfully
to you, by asking your Opinion respecting so dishonourable a Matter?"
"Yes."
"You mean to say you told them that?"
"Yes, I do."
"You have been examined upon this before, have you
not?"
"I have."
"You mean to state that you so told them upon that
Occasion?"
"I cannot exactly remember; I did say something to
that Effect, certainly."
"Will you swear that you ever, before this Hour,
mentioned that you had told them they were behaving
disrespectfully to you in consulting you upon so dishonourable a Matter?"
"I cannot say; I have not referred to the Evidence
since I went down to Lancaster."
"Refer to your Recollection, and not to the Evidence;
did you ever mention that before this Hour?"
"I do not know that I have."
"Did you tell him it was of no Use to ask any
Clergyman about it?"
"I told him I should not interfere any further in the
Matter, or give myself any Trouble about it."
"Did you know the Name of the Lady?"
"I did not."
"Did you know the Name of the Lady?"
"I did not."
"How came you not to ask, if you thought it was
so dishonourable a Matter?"
"I did not like the Complexion of it, and did not
wish to do more than to give them an Answer to the
Questions they put to me."
"You might have prevented this, if you had interfered;
did it never occur to you to ask the Name of the
Lady?"
"I do not know, indeed."
"Did it occur to you to ask the Name of the Lady?"
"No, it did not."
"Was there any other Matter of Dishonour in the
Transaction that occurred to you, except marrying a
Lady under Age, without Consent of her Parents?"
"Yes."
"What was the Matter of Dishonour beyond that?"
"I consider that they were running away with a
young Lady; and that they had not the Consent of
her Friends."
"Was there any other Matter of Dishonour than that
they were running away with a young Lady without
Consent of her Parents?"
"I considered it was so."
"Was there any other Matter of Dishonour but that?"
"I do not know that there was; I considered that
sufficient."
"And you therefore declined to give them any Advice
upon the Subject?"
"I did."
"You did not comply with their Request, that you
would ask some Clergyman about it?"
"I did not."
"Was the Age of the Lady mentioned to you?"
"I asked the Age of the Lady, and they told me
something under Seventeen Years of Age."
"Did you not on a former Occasion state you were
informed she was Seventeen or thereabout?"
"I was informed by themselves."
"Was it not that she was about Seventeen?"
"Seventeen Years and under, was the Reply they
gave me."
"Were you examined at Lancaster?"
"I was."
"Is that the Statement you made there?"
"I believe it was."
"Will you swear it was?"
"I believe it was, to the best of my Knowledge; that
it was upwards of Sixteen or under Seventeen; they
told me the Lady was not Seventeen."
"You mean to say you did not say it was told you
she was Seventeen or thereabout?"
"No, I do not recollect that I did."
Re-examined by Mr. William Brougham.
"Have you any Hesitation now in saying that your
Recollection is, that they said that to you which you
have just stated, that she was under Seventeen?"
"I have not."
"You say that they talked about a young Lady in
this Conversation?"
"Mr. Webster talked about the young Lady."
"What did he say respecting her?"
"He said that Mr. Buxton had an Attachment to a
young Lady."
"Did he say any thing respecting her Fortune?"
"Yes; he said she was a Girl of considerable
Property."
"I think you stated that you had known Erasmus
Webster about Twelve Years in Manchester?"
"Yes."
"Has he been always under embarrassed Circumstances?"
"No."
"Have his Circumstances been considerably embarrassed?"
"Yes; his Circumstances at present are under considerable Embarrassment. I consider myself that he
was a very respectable Man until he became embarrassed."
The Witness was directed to withdraw.
Then Thomas Atherstone was called in; and having been
sworn, was examined as follows:
(Mr. Adam.) "I believe you are an Organist at
"Derby?"
"Yes, I am."
"Do you teach Music too?"
"I do."
"Used you to teach Miss Hickson?"
"I did."
"Do you remember the Event of her Elopement with
Mr. Buxton?"
"I do."
"Were you in the habit of teaching her before that
Time?"
"I was."
"Were you acquainted with Thomas Buxton?"
"I was."
"How long have you known him?"
"Four or Five Years; I should think Four Years."
"We have been told he lived with his Family at
Stenson?"
"I have been at his House there."
"Were you acquainted with his Family?"
"Yes, I was."
"You knew William Webster?"
"Very well, indeed."
"Did you ever use to meet William Webster at
Buxton's, at Stenson?"
"Very frequently."
"Did you ever hear any Conversation at Buxton's, about
Thomas Buxton's marrying Miss Hickson?"
"Yes; not at Mr. Buxton's, but on the Road."
"Which was it with?"
"With William Webster."
"How long before the Elopement?"
"Several Times within a few Weeks."
"State to their Lordships what William Webster said
upon that Occasion?"
"I was coming from Derby, I think, but not the last
Time; I was going to give Miss Hickson a Lesson;
and on the Way several Times he told me that I should
hear something that would surprise me very much.
I taught Miss Hickson, and I used to teach the other
Miss Waytes; and in going or coming back, when I
came to Twyford Ferry, I fell in with William Webster
and Mr. Fletcher, and as they were going on with me,
he asked me when I should go to give Miss Hickson
a Lesson the next Time; and I told them I thought
the Beginning of the Week; Tuesday or Wednesday;
and he turned on one Side to Mr. Edward Fletcher,
and I heard him mention "a damned Fool," or something of that kind; and they laughed between
themselves, as much as to say she would not be there
when I went."
"Previous to that, had you any Conversation with
Webster about Buxton's marrying Miss Hickson?"
"I once heard him name it."
"What passed?"
"We were talking about my going to teach her Music,
and he said he thought Thomas Buxton would have
her for a Wife, or something of that kind. I told him,
I thought he need not think of that for several Years
to come yet; but that I thought he was never likely to
have any Chance, she being so very young."
"How long was that before the Elopement?"
"Perhaps Two or Three Weeks."
"Do you know Mary Ann Buxton?"
"I do, very well."
"Is she Thomas Buxton's Sister?"
"She is."
"Do you remember seeing Mary Ann Buxton while
you have been giving Miss Hickson a Lesson?"
"Yes."
"What have you seen her do?"
"The last Lesson I gave Miss Hickson, she was waiting
in the Garden the whole of the Time."
Mr. Pollock objected to the Evidence.
The Counsel were informed, "That Credit must be
given to the Counsel for applying the Evidence."
(Mr. Adam.) "What did Mary Ann Buxton do?"
"She was waiting in the Garden. Miss Hickson
appeared very uncomfortable most of the Time I was
giving her her Lesson; and she came to the Window and
gave her some sort of Paper; and she went out Once
or Twice, and walked about the Garden with her."
"How long before the Elopement was that?"
"It was perhaps Two Days; I cannot say exactly to
a Day."
"Do you think it was so short a Time as Two
Days?"
"I think it was."
"You say Miss Hickson went out?"
"Yes."
"Whom did she go to?"
"She went round the Garden with her."
"How long were they together upon that Occasion?"
"Perhaps Five or Ten Minutes."
"After that, did she return?"
"She returned, and finished her Lesson, and then
I went away."
"Did any thing else happen?"
"I do not recollect any thing else but speaking to her,
and her giving her that."
"You have said you did not think it would take place
soon, on account of Miss Hickson being so young;
what was her Appearance?"
"She appeared to me very young for any thing of
that Kind, in her Manners I mean, for I did not know
her Age."
"Was her Manner and Appearance childish?"
"She seemed as if she had had a very tender bringing
up, and she did appear very childish for her Size."
"Had you formed an Opinion whether she was a
forward Girl, or the contrary?"
"I never saw any Forwardness in her, but much the
contrary."
"Do you recollect having any other Conversations
besides those you have mentioned with Webster before
the Marriage?"
"I have heard Will Webster say, that if he could get
Thomas Buxton to marry her, it would be a very good
Thing."
"Recollect, as to Buxton and Webster, whether any
thing was said about whom it would be a good Thing
for?"
"I understood him to mean that it would be a good
Thing for himself."
"Was the Conversation about Webster, or simply about
Buxton; or what Conversation led you to form that
Conclusion?"
"William Webster was talking about the Thing, and
he seemed as if he was carrying the Thing forward
himself."
"Was it from the Conversation Webster and you had,
that you formed the Conclusion you have stated?"
"It was."
"You say you had known Buxton for some Time?"
"Yes."
"Are you any thing besides a Music Master?"
"A Coal Merchant."
"Had you Occasion to sell Buxton any Articles?"
"I supplied him Forty Tons of Coals for the Parish,
not for himself."
"For what Parish?"
"The Parish of Stenson; he was then Overseer."
"How long ago was that?"
"That is perhaps Three Years since; Three or Four
Years."
"What was the Price of those Forty Tons of Coals?"
"Perhaps about Three or Four or Five-and-twenty
Pounds."
"Have you been paid for them?"
"Not quite the whole."
"How long was it before Mr. Buxton paid for any
Part?"
"Nearly Two Years; but he would receive the Money
directly."
"None of it was paid you for Two Years?"
"I got it as I could, a few Pounds from Time to
Time. I staid all Night one Time to get a little
of it."
"Are you acquainted with the State of Buxton's
Circumstances from any other Transactions?"
"His Mother ówed my Brother a good deal; but
whether he has got it I cannot tell."
Cross-examined by Mr. Pollock.
"How long have you been a Coal Merchant?"
"About Ten Years."
"How long a Music Master?"
"About Fourteen or Fifteen."
"I presume you do not find teaching Music in that
Part of the World so beneficial as you would wish?"
"I was Organist in Derby for Six or Seven Years;
and it was by particular Desire I taught Miss Hickson
and some other Children. I also taught in Nottingham."
"How long have you taught Miss Hickson?"
"Not a long Time; I cannot say exactly; perhaps
Six or Seven Months."
"What did you teach her?"
"To play the Piano Forte."
"What was your charge per Lesson?"
"I had Twenty Pounds a Year for going to the other
Brother's, and I supposed I should have the same for
going to her; but it was not quite a Year; but I was
very handsomely paid for it."
"What were you paid?"
"I am sure I cannot say exactly."
"You were not paid 'till after the Marriage, were
you?"
"I was paid before the Marriage."
"You had ceased to give Lessons at the Time that
Miss Hickson went away?"
"I ceased, because she was taken away."
"Then was the Marriage of Miss Hickson the Interruption of your Lessons?"
"It was."
"You were then paid beforehand?"
"Yes."
"What were you paid?"
"I forget what it was just now."
"About what; who paid you?"
"Mr. Wayte paid me, her Father-in-Law."
"Who was it requested you to come and give her
Lessons in Music?"
"Her Father-in-Law, Mr. Wayte."
"Had Mr. Wilson or Mr. Moore any thing to do with
it?"
"I never spoke to either of them in my Life."
"How often used you to go there?"
"Sometimes Twice a Week, and sometimes Once."
"How long used you to remain?"
"Perhaps an Hour or Two, or just as it happened."
"Had you seen Miss Buxton there more than Once?"
"Yes, I had."
"Was she not frequently there?"
"I have seen her Two or Three Times there."
"Were you ever at Buxton's?"
"Many Times."
"What did Buxton's Family consist of?"
"Mrs. Buxton, and Two Daughters, and One Son."
"What Establishment had they; had they any Servants
at all?"
"Yes."
"What had they?"
"I have seen One Woman Servant, and a Man Servant,
I think."
"What Establishment had Mr. Wayte?"
"I really cannot say; I am sure I do not know his
Establishment, for I knew very little of him, further
than going to the House."
"Whom did you see there when you went there?"
"I saw Mr. Wayte and his Wife, and their Daughter."
"Did you ever see a Servant there?"
"Yes, Two or Three."
"What Servants have you seen?"
"I have seen Two Maid Servants."
"And a Man Servant perhaps?"
"Yes; I have seen a Man Servant."
"Was it a Livery Servant or a Farming Servant?"
"I did not see a Livery Servant."
"What sort of a House is it which Mr. Wayte
occupied?"
"A very respectable House. I believe Mr. Wayte was
not in Business at all at the Time; I never saw any
thing about the farming at the House."
"What sort of Place did Mr. Buxton live in; was not
that a respectable Farm-house?"
"Yes, of course it was."
"Was there any apparent Inequality in Condition
between Mr. Buxton and Mr. Wayte?"
"Do you mean from seeing the thing?"
"Did they not live very near each other?"
"Yes, they did not live far off."
"In the same Place?"
"Yes."
"Is it a populous Village?"
"No, not very populous; very few Houses."
"Was there any apparent Inequality in the Condition
of Mr. Wayte and Mr. Buxton?"
"If I must speak from what I know myself, I think
there was a great deal of Difference, for I must know
from the Fact he could not pay my Bill from the Parish;
and by the other I was always paid handsomely, and by
the other Family too."
"That is not an Answer to the Question?"
"That is an Answer, from what I know of the Two."
"Was there any apparent Difference of Station
between Mr. Wayte and Buxton?"
"The one appeared to be a Farmer, and the other to
be living independent; he did not appear to have any
Business to do, from what I saw."
"Were their Houses about as well furnished?"
"The one was a dirty Hole, and the other was as
clean as it could be."
"Which was the dirty Hole?"
"Mr. Buxton's."
"Did you ever visit at Mr. Buxton's?"
"Very frequently."
"Did you ever dine there?"
"I have."
"How often was it; very frequently?"
"Two or Three Times, I dare say."
"Have you ever seen any Neighbour in this dirty Hole,
as you call it?"
"I did not mean to say that the House was dirty; but
that the Kitchen, and where I had my Dinner, was not
very clean."
"Do you mean to represent that the House of
Mr. Buxton was a dirty Hole?"
"I mean to say it was very dirty, the Part of it where
I was."
"In what Rooms have you been?"
"In all of them, I think."
"What Rooms were there?"
"There were Three bottom Rooms."
"A Kitchen?"
"Yes; and a House-place, and a Parlour."
"Was there any other Sitting-room?"
"No, I think not."
"Do you know how much Land Mr. Buxton rented?"
"No, I do not."
"When were those Coals ordered; in what Year?"
"I am sure I cannot tell you exactly the Date; I
could have done if I had known it would be wanted.
I should think about 1827; 1826 or 1827."
"What was the Price of them?"
"There were Two different sorts in the Boat; I think
about Twenty-five Pounds."
"How much is unpaid of that?"
"There is only a few Shillings; but I got the rest by
small Sums at a Time."
"When did you receive the first Payment?"
"A long Time afterwards; I got Five Pounds in
perhaps a few Months afterwards. They were sold
for Ready Money, and they were to be paid for on
Delivery."
"When were you last in Mr. Buxton's House?"
"I am sure I cannot say how long."
"About how long?"
"Perhaps Twelve or Eighteen Months; I cannot say
exactly."
"Had you Conversations with William Webster several
Times about Mr. Buxton and Miss Hickson?"
"Yes, I had; not many Times about Miss Hickson."
"How many Times?"
"Two or Three Times."
"Did you ever mention this to Mr. or Mrs. Wayte?"
"Never. I had no Idea the Thing was going forward,
or I should very soon have done so."
"Even when you were told they would elope?"
"Yes."
"Did you not understand that to have some Connection with Miss Hickson?"
"I thought it would prove to be William Webster and
the eldest Miss Buxton, which was then intended. I
thought it was some Marriage in the Family; and I
thought it was Will Webster and Miss Betsy Buxton."
"Do you mean to say that you had not the slightest
Idea of its having any Connection with Miss Hickson?"
"Not at that Time."
"Nor at any Time before the Marriage?"
"Yes."
"When had you any Idea, at any Time before the
Marriage, that it had any Connection with Miss Hickson?"
"Because he told me that he thought Buxton would
have Miss Hickson."
"You said, I think, that he told you it would be a
good Thing?"
"He told me it would be a good Thing."
"And you understood it would be so, for him?"
"I understood so at the Time."
"And you understood he was exerting himself, and
was very active in the Business?"
"I did not know that at the Time."
"Did you know from him that he was active in the
Business?"
"Not just at that Time."
"When did you think he was active in the Business?"
"After the Marriage."
"Did you know the Reason he had for interfering,
until the Marriage was over?"
"No; I did not understand that from him before."
"Had you a Conversation with him about it, from
which you collected that he was interfering, until after
the Marriage?"
"I do not understand you."
"Did you understand, before the Marriage took place,
that he was interfering in the Business?"
"I did not understand that he was interfering, except
that he told me that he thought Thomas Buxton would
have Miss Hickson."
"Did not he tell you it would be a good Thing?"
"After the Marriage he did; after the Marriage was
over."
"How long after the Marriage was it that he said it
would be a good Thing?"
"A few Days afterwards; I met him Two or Three
Days, perhaps, after; I met William Webster, and he
said--"
"That is enough."
Mr. Adam submitted, "That the Witness was to be
permitted to proceed in his Answer."
(By a Lord.) "When Webster said that if he could
get Buxton to marry Miss Hickson it would be a good
Thing, was that said before or after the Marriage?"
"It was said after the Marriage."
(Mr. Pollock.) "I observed you answered that some
Time before the Marriage you understood from Webster
that he said that if he could get Buxton to marry Miss
Hickson it would be a good Thing; is that so?"
"I intended that to have been after the Marriage; it
is some Time since, and I wish to give my Evidence
as nearly as possible correct; but it is Two Years
since."
"Are their Lordships to understand, that the Answer
taken down about it being a good Thing was not before
the Marriage, but after?"
"I think it was after, but I am not quite sure."
"You say that this Interview when Miss Buxton was
present was Two Days before the Marriage?"
"Two or Three Days; I will not be certain."
"Did Miss Buxton come into the Room?"
"No, I think not."
"How did you know Miss Buxton was there?"
"Because she was in the Garden, close to the
Window; right opposite the Window where I was
giving her a Lesson."
"You used some Expression importing that Miss
Hickson's Attention was distracted by Miss Buxton
being there?"
"I thought she did not seem to attend. She got up
from the Instrument, and went to speak to Miss Buxton,
and Miss Buxton came up close to her. I cannot say
whether she beckoned to her or not; but she got up,
and went to her Once or Twice."
"Where was the Paper given you have spoken of?"
"I think it was through the Window; it was in the
Summer-time."
"Did Miss Hickson then get up and walk in the
Garden with her?"
"They went out for about Five Minutes, and then she
came again."
"This made some Impression upon you at the Time?"
"Not at all."
"You thought there was nothing in Miss Hickson
getting up and going out into the Garden?"
"Not at all. I did not know what they were talking
about."
"It was no Business of yours to see that she attended
to her Lesson?"
"It was my Business to see that she attended to her
Lesson."
"Were was her Mother at this Time?"
"In the House-place; the other Parlour."
"You had seen Miss Buxton there Two or Three
Times?"
"Yes."
"Had not you seen her in the House?"
"Never but Once."
"Where was she then?"
"She was in the Parlour with her, and came out when
I went in; they were there by their Two selves, and
she went into the Garden."
(By a Lord.) "Do you know, of your own Knowledge, that Mr. Buxton had received the Money from
the Parish for these Coals?"
"I have no doubt of it at all, because he collected the
Assessments for the Poor; of course he must have
received the Money, or he would not have paid me.
He was out of Office at the Time he paid me the
Money."
"Did you see whether Miss Hickson took the Paper
from the Hand of Miss Buxton?"
"I did not."
"Did you see whether it was written on?"
"I did not see."
"Was any Part of the handsome Payment for your
Musical Instructions made after the Elopement?"
"I did not say that Mr. Wayte's was a handsome Payment. Mr. Wayte desired me to make a handsome
Charge, and I did. The last Payment was after the
Marriage, of course, for she was gone away."
"Did not you expressly state that was before the
Marriage?"
"The last Quarter; I was paid by the Quarter."
"How were you paid by the other Mr. Wayte?"
"By the Quarter."
"At what Rate?"
"Five Pounds a Quarter."
"Did not you state that it was Twenty Pounds a
Year?"
"Yes."
"And that you were not paid regularly, because you
did not complete your Year?"
"I could not complete my Year, because Miss Hickson
was taken away; it must have been an odd Time."
"For how many Quarters were you paid?"
"One and a Piece; perhaps a Month or Five Weeks
afterwards."
"You stated that you had been paid very handsomely?"
"By the other Mr. Wayte."
"You stated you have been paid very handsomely?"
"I stated that I received Twenty Pounds a Year from
the other Mr. Wayte, and that I supposed I was to
receive the same from him."
"What did you receive?"
"I cannot recollect."
"Did you receive more than from the other
Mr. Wayte?"
"No; less; because I had Three Pupils there, and
only One here."
"In proportion you received more?"
"Yes; a little more; not much."
"Have not you stated that you could not tell exactly
what you did receive on account of Miss Hickson?"
"I have forgotten exactly what it was."
"Have you forgotten now?"
"I have."
"You know exactly what you received for One
Quarter?"
"No, I do not; for there was Music provided as well;
I forget what it was that Mr. Wayte paid me."
"Are you to be understood that you do not know that
Mr. Wayte paid you Five Pounds per Quarter?"
"I forget what it was; he gave me a few Pounds on
Account."
"Have you been paid up to this Time?"
"Yes."
"You have been paid the whole up to this Time?"
"Yes."
"You do not know at what Rate you were paid?"
"I do not. There was only the Remainder of the
Thing. Mr. Wayte asked me what he was in my Debt,
and I told him, and he paid me."
"Do not you know whether you were paid quarterly
or by the Year?"
"I was not paid any regular Sum."
"If you have stated that you were paid by the Quarter,
that was not correct?"
"That was for the other Brother."
"If you have stated at any Time that you were paid
quarterly, and paid a Quarter, you have stated that
which is not correct?"
"I understood you for the other Brother. I expected
to receive the same in proportion from this Mr. Wayte
as the other Brother."
"Did you receive any thing for the Quarter from the
Father-in-Law of Miss Hickson?"
"For the first Quarter, I received a certain Sum on
Account, for Music and Lessons."
"Was it left to be settled 'till the End of the Year?"
"There was nothing named about that."
"Have you been paid since that Time?"
"Yes, I have."
"How much?"
"I cannot say how much it was; it is Two or Three
Years ago; about Two Years ago, however."
"Do you remember about how much Money you
received for teaching Miss Hickson?"
"I think the last Sum was One Pound some odd
Shillings, to make the Balance."
"The first was how much?"
"I forget; for there was some Music in it."
"Was it Four Pounds?"
"I am sure I cannot recollect what it was exactly."
"Cannot you recollect exactly?"
"I cannot; for there was some Music that she had."
"Did you ever see Miss Buxton in Mr. Wayte's House,
in Mr. Wayte's Presence, in company with Miss
Hickson?"
"I think not."
"But you have seen her frequently in the House?"
"Only Once or Twice. I saw her Once in the
Parlour, and she came out; as far as my Memory serves
me, there was nobody there but Miss Hickson and
herself."
"Did you ever see Buxton there?"
"Never."
Re-examined by Mr. Adam.
"If I understood you correctly, you taught the Family
of Mr. Wayte's Brother?"
"I did."
"That was a more numerous Family than Mr. Wayte's
own?"
"Three Daughters."
"If I understand you correctly, you state that you
received Twenty Pounds a Year from Mr. Wayte's
Brother?"
"Yes."
"You were to be paid proportionably by Mr. Wayte
himself?"
"Of course; because there was only One Daughter,
and at the other Place there were Three."
"You taught Miss Hickson for a broken Term;
neither a Quarter, nor a Half Year, nor a Whole
Year?"
"I do not recollect the Time."
"Do you recollect the Time you went to her?"
"It was the Beginning of June I left off."
"Do you know when it was you went to her?"
"I do not."
"Was it before Christmas, do you think?"
"I am sure I cannot say."
"Mr. Wayte desired you to make a Charge for what he
owed you for teaching Miss Hickson?"
"Yes; and I made a Charge, and he paid me."
"What it was you do not recollect?"
"No."
"It was not objected to?"
"There was no Objection made."
"When was it paid?"
"I am sure I cannot say justly."
"How long after the Elopement did Mr. Wayte ask
you for your Charge?"
"The next Week."
"Was it paid immediately?"
"Yes; he paid me without any Bill; I made out no
written Bill. I told him what was left unpaid, and he
gave me what I charged; but I forget what it was."
"You were asked whether what you said about Webster
having made a Communication that it would be for his
Benefit was before or after the Marriage; now you have
had Time to reflect, was that Statement made before or
after the Marriage; to the best of your Recollection,
when was it?"
"Well, I think it was after the Marriage; I am not
quite sure."
"To the best of your Recollection, it was after the
Marriage?"
"Yes; it is some Time since, and I did not know
about coming here 'till a Week or Two ago."
"You have been asked about Mr. Wayte's Establishment; you say there was a Man; was he a Farming
Man; has Mr. Wayte a Farm?"
"He was a Servant."
"You say you dined in the Kitchen at Buxton's?"
"Yes."
"Where did Miss Hickson take her Music Lessons?"
"In the Parlour."
"What Parlour?"
"The best Parlour."
"Is that what you would call the Drawing-room?"
"I suppose you would call it so."
"Of what does the House consist?"
"There is a Parlour, a larger Parlour or Drawingroom, and a House-place."
"Is there a Dining-room?"
"I was never up Stairs."
"Did you ever happen to dine at Mr. Wayte's when
you were giving Lessons?"
"Yes."
"Does he dine in his Kitchen?"
"No."
"Do you know that Mr. Wilson occupies a very large
Estate?"
"I have heard Persons say so; but I never spoke to
him in my Life."
(By a Lord.) "You have decided at last that it was
after the Marriage that Webster said this to you?"
"Yes, I think it was."
"What was it he did say?"
"He said, when we were talking of it, that he was a
damned Fool; that he had every thing done to his
Hands, and the Moment he was left to himself he had
been childish; and so it was a very bad thing; and
that if it had gone forward it would have been a very
good Thing."
"Had it not gone forward?"
"He meant for himself, I suppose; because he paid
his Addresses to one of the Sisters, and nothing would
come of it."
"Who paid his Addresses to one of the Sisters?"
"William Webster paid his Addresses to Buxton's
Sister; and I suppose, from Buxton marrying Miss
Hickson, he would have a large Fortune with her."
"Do you know what Webster said?"
"Webster said it would have been a good Thing if it
had gone forward right."
"If what had gone forward right?"
"If this Marriage had gone forward right."
"But the Marriage did go forward; was not he
married?"
"She was fetched away; and Webster said, he had had
every thing done to his Hands, and he turned Fool at
the latter Part."
"Was that after the Trial at Lancaster?"
"No; Two or Three Days after Miss Hickson was
fetched back."
"Are you quite sure now it was after the Marriage?"
"Yes, I am sure in my own Mind; but I did not like
to swear the Thing that was not certain."
"How long before the running away was it that Miss
Buxton came and gave this Paper in the Garden?"
"Two or Three Days."
"Was it more than Two or Three Days?"
"I think not."
"Did Miss Buxton give the Paper to Miss Hickson, or
Miss Hickson give the Paper to Miss Buxton?"
"Miss Buxton to Miss Hickson."
"Did it appear to be in the Shape of a Letter?"
"It appeared to be in the Shape of a Letter, but I did
not see it distinctly; I was at the Pianoforte, at the
other End of the Room."
"In one Part of your Evidence you have stated that
you had been to teach Miss Hickson, and in returning
from thence, at a certain Ferry, you fell in with
Webster; and that a Conversation arose there between
Webster; and another Man, Fletcher; and that you
heard them say, "Damned Fool, "or something as
applied to your Observation that you were to return
the Beginning of the Week to give further Lessons to
Miss Hickson?"
"Yes."
"How can you make out, after that, and the Conversation which Webster held with you concerning the
intended Marriage, that you had no Knowledge whatever of an intended Marriage; did it not strike you,
in the Conversation, as stated by yourself, that you
were called a damned Fool for pretending to go back
to teach her the next Week, when she was to be taken
away?"
"I meant to say, that to my Knowledge I was in the
habit of meeting at Twyford Ferry, as I came from
Mr. Wayte's; that is Two or Three Miles further;
and I called there for Company Home; but I think I
was then going to Stenson. Mr. Fletcher and Mr. Webster
were on the Road. I am not sure whether I was going
or coming back, but it was one of them; I think it
must have been in coming back. He said, "When
shall you go to give Miss Hickson another Lesson?" I
said, "Tuesday or Wednesday." I was walking a little
Way on, and he turned, and said, "A damned Fool."
I did not know what he meant by it; but I suppose I
was this damned Fool. I said nothing."
"Did it occur to you at that Time what that meant?"
"No. I think on Monday I was going on the Littleover Road, and I met Tom Buxton coming down
Babbington Lane with his Sister, well dressed. I said,
"Where are you going this Morning; you have got
something up?" He said, "I am only going up towards
Littleover." He invited me to go to dine at the
Nag's Head; and when I got up a little further, I saw
Mr. William Webster going up, fast up St. Peter's
Parish. I thought there was some Wedding going
forward; and when I got up to Devonshire Street, he
saw me coming, and he took me down to the Devonshire Arms, to have a Glass of Ale; and he went, and
left me in the House, and next Day I heard of this
Thing."
"Had you any Knowledge whatever of this intended
Marriage before it took place?"
"I had no Knowledge whatever of this intended
Marriage, except Mr. William Webster telling me that
I should hear something that would surprise me; only
that he said the Week before, that he thought Tom
Buxton would marry Miss Hickson."
"He had said that before?"
"Yes; but I told him at the same Time, as will appear
in my Evidence, that I was positive to the contrary, for
she was quite a Girl; that if it did take place he must
wait for many Years for it."
"You stated also, that if you had any Knowledge of
their intended Marriage you should have told it to
Mr. Wayte?"
"I said, if I had thought there had been any thing in
it; but I did not hear any thing of it, except what
William Webster said; and I did not think any thing
of that at all. I had never seen Buxton there."
"Are their Lordships to understand that the Information you had respecting the Marriage was not a
sufficient Authority for you to communicate it to the
Waytes?"
"It was not."
"Was that your Reason for not communicating it to
the Waytes, that you did not think the Information
good enough?"
"Yes; it was only Ten Days previous to the Marriage
taking place."
"From whom did you imagine Miss Buxton brought
the Letter?"
"I did not know."
"Had you not a Suspicion in your Mind?"
"Not the least."
"Had you ever before seen Miss Hickson receive any
Letter?"
"No, none at all."
"Could Mrs. Wayte have seen Miss Buxton in the
Garden?"
"Not where she was at that Time; for she was in the
next Room."
"Did the Garden open into the Street?"
"No."
"Could any body have Access to the Garden, without
going through the House?"
"No."
"Did you ever dine at Mr. Wayte's?"
"Yes."
"Did you ever meet any One of the Buxton Family
there?"
"No; not to dine there."
"Did you meet some of them in the House?"
"I once saw Mary Ann Buxton in the Parlour, when
"I went to give a Lesson."
The Witness was directed to withdraw.
Then James Lager was called in; and having been
sworn, was examined as follows:
(Mr. William Brougham.) "Where do you live?"
"At Highfield."
"Where is that?"
"In the Parish of Etwall, near Derby."
"Is that near Stenson?"
"Within Four or Five Miles."
"Are you acquainted with the Family of Buxton?"
"Yes."
"Have you been long acquainted with them?"
"Not long."
"Did you know them before the Spring of 1828?"
"Yes."
"Were you in the habit of visiting frequently at their
House?"
"Yes."
"Very frequently?"
"Yes."
"Do you know Miss Hickson?"
"Yes."
"Did you ever meet her at Mr. Buxton's?"
"No."
"If she had been in the habit of visiting them, should
you, from your Intimacy with that Family, have met
her, in all probability, there?"
"I should think I might."
"Did you ever hear any thing of Buxton being about
to marry Miss Hickson?"
"Yes."
"At what Time?"
"Perhaps a Fortnight before it happened."
"Are you acquainted with William and Erasmus
Webster?"
"Yes; I know them."
"Where have you met them?"
"I have met them at Buxton's."
"Did you meet any of them a Week or Two before
the Elopement?"
"I met them both the Night before the Elopement."
"Did you meet either of them a Week or Two before
it took place?"
"I saw Erasmus Webster there."
"Do you know Edward Fletcher?"
"Yes."
"Did you meet him there a Week or Two before the
Elopement?"
"Yes."
"Do you recollect whether Erasmus Webster came to
Mr. Buxton's House about a Week or so before the
Elopement?"
"Yes."
"What took place upon the Occasion?"
"I do not know; I was in Bed. He came into my
Room, and went out again."
"Did he say any thing?"
"No."
"Do you remember, Sunday Evening, the 8th of June,
being at Mr. Buxton's?"
"Yes."
"Who was there at that Time?"
"William Webster, Erasmus Webster, Edward Fletcher,
Abraham Beale and his Brother."
"What Part of the House were they in; the House, or
the Garden?"
"They were in the Orchard."
"What were they doing there?"
"They were drinking and smoking."
"Were you with them?"
"I went to them."
"What took place while you remained?"
"I did not hear any thing which took place; some
Part of them left the Company."
"Which of them?"
"Thomas Buxton, Erasmus Webster and William
Webster."
"How long did they stay away?"
"For about Half an Hour."
"Did they come back again?"
"Yes."
"Did any thing take place on their Return?"
"Not in my Presence."
"Was Mary Ann Buxton there?"
"Not at the Time I went there; she came in afterwards."
"Were either Webster or Buxton present during any
Conversation you had with Mary Ann Buxton?"
"No."
"Do you remember having a Conversation with Buxton
very shortly before the Elopement?"
"No."
"Had you any Conversation with him; I mean Thomas
Buxton?"
"Yes; I had had a Conversation with him."
"Was that before the Elopement?"
"Not on the Subject of the Elopement."
"Had you any Conversation with William Webster
before the Elopement?"
"No."
"Do you remember any thing taking place on the Day
of the Elopement between you and Webster?"
"Yes."
"Was this before or after the Marriage?"
"Before the Marriage."
"When was it?"
"Webster came to Mr. Buxton's that Day; he told me
that Buxton was gone to Manchester to be married."
"Did he tell you any thing else?"
"Yes; he told me he had sent Buxton there to be
married to Miss Hickson, and that he had managed it
all through for him; and I asked him if he thought he
would get through with it then; and he said, yes, he
would; he could not help it."
"Did he say any thing further?"
"Yes; he said he had a Friend in Manchester that
would see that they were married at Eight o'Clock in
the Morning."
"Who was the Friend?"
"Captain Wild."
"Did he say any thing else?"
"I do not know any thing else."
"Did he say any thing about Letters?"
"Yes; that he had written Letters to Miss Hickson
for Buxton."
"Did he mean Love Letters?"
"Yes."
"Did he say any thing more upon that Subject?"
"I do not recollect that he did."
"Did he say any thing about the Banns?"
"Yes; he said he had got the Banns put in."
"Where?"
"At Manchester; and that Captain Wild would see
they were married before Eight o'Clock in the
Morning."
"Have you had any other Transaction with Buxton?"
"No."
"Or with Webster?"
"Yes; with Webster."
"What were they?"
"He borrowed my Acceptance to a Bill, and said it
was for Buxton."
"When was this?"
"It was after the Marriage."
"Did William Webster tell you any thing about the
Road they were to take to Manchester, and the Mode
in which they were to go there?"
"Yes."
"When was that?"
"He said that his Brother was to meet them with a
Carriage on the Littleover Road."
"His Brother Erasmus?"
"Yes; and that they were to go through Mickleover."
"Is that the direct Road from Stenson to Manchester?"
"No."
"It is a bye Road, is it?"
"Yes."
"Did William Webster give any Reason why that Road
was to be preferred to the straight Road?"
"That they should evade the Toll Gates."
"Did he give any other Reason?"
"No."
"Did William Webster say that he had written all the
Love Letters to Miss Hickson?"
"Yes, he did."
"I believe you had once some Intention of connecting
yourself with the Family of Buxton?"
"I do not know."
"Did you change your Views in that respect?"
"Yes."
"Had you ever any Conversation with Buxton respecting William Webster?"
"Yes, I had."
"What was it, and when was it?"
"It was just before they were tried at Lancaster."
"What did Buxton say upon that Occasion?"
"I had been subponaed on the Trial to Lancaster, and
Buxton came to my House with Erasmus Webster, and
asked whether I had not been subponaed. I told
him I was. He asked me what I had to say about it.
I told him he would hear when I got to Lancaster."
"Did any thing else pass?"
"He asked me to go to a Public House at Etwall,
and Buxton went to the Door; and he asked me
whether there had not been something about a Bill
between me and Webster; accepting a Bill. I told him
there had; and I told him that Webster said the Money
was for him; and he said it was not for him. He
said he knew nothing at all about it, until after I had
been arrested for the Money. He said that Webster
was a very great Enemy of his, and a Scoundrel for
it; he had been the worst Enemy he had ever had in
his Life. And he said that when People used to ask
Webster for Money, he used to tell them he was going
to get him married to Miss Hickson, and then he
should have some Money, and he would pay them
all."
"Was that all that Buxton said about the Marriage?"
"Yes; that was all he said, that I recollect."
Cross-examined by Mr. Clarke.
"What are you?"
"A Farmer."
"Are you a Farmer now?"
"Yes."
"Where do you live?"
"I live at Highfield."
"At this Time you were intending to connect yourself
with the Buxton Family by Marriage, were you?"
"Perhaps I was."
"With what Member of that Family?"
"Miss Mary Ann."
"When was it that you first began to pay Attentions
to Miss Mary Ann Buxton?"
"In the Spring of 1828."
"Was Webster paying his Addresses to her at the
same Time?"
"No, not that I know of."
"Did he pay his Addresses to her afterwards?"
"Not that I know of."
"Do you mean to swear that you did not know that
Webster was an Admirer of Mary Ann Buxton, and
proposed to marry her?"
"No, he did not; that was Miss Buxton."
"How happened it that you did not marry her?"
"It was very much against my Friends Consent."
"Did you have any Quarrel with the Buxton Family
upon the Subject?"
"No; I had no particular Quarrel."
"No particular Quarrel?"
"We had no Quarrel whatever."
"Did it create no Coolness?"
"No."
"You are very good Friends then now?"
"For any thing I know; they have left Stenson, now;
I do not often see them."
"When you see them, you are good Friends?"
"I do not know when I have seen them."
"Are you good Friends?"
"I have no angry Feeling towards them, and I do
not know that they have any towards me."
"Are you, or not, on good Terms with the Buxton
Family at this Time?"
"I do not visit them."
"Do you speak when you meet?"
"I do not meet with them; never, hardly."
"Do you speak when you meet?"
"I do not know what I should do if we did meet;
I should speak if they did."
"Do you mean to swear you have never met them
lately?"
"No."
"Since this Marriage took place?"
"Yes; since the Marriage took place."
"Did you speak, or not?"
"Yes; I spoke to Buxton."
"You were telling us of meeting him at Lancaster?"
"No; I have seen him several Times since the Marriage
took place."
"Who was present at the Time you had this Conversation with him at Lancaster?"
"I never had any Conversation with him at Lancaster."
"It was at Etwall that you had this Conversation in
which he spoke of Webster being the greatest Enemy
he had?"
"Yes."
"Who was present?"
"There was no one exactly present. Erasmus Webster
was in the House, but no one was present to hear that."
"He told you Webster was the greatest Enemy he
ever had?"
"Yes."
"Were you examined at Lancaster?"
"No."
"Were you taken to Lancaster to be examined?"
"Yes, I was."
The Witness was directed to withdraw.
Then John Neal was called in; and having been sworn,
was examined as follows:
(Mr. Adam.) "Were you the Clerk of the Parish of
the Collegiate Church of Manchester, in the Months of
May and June 1828?"
"I was."
"Do you know a Person of the Name of Wild?"
"I do."
"How long have you known him?"
"I knew him the Sunday previous to the first Time of
the Publication of the Banns."
"Not until then?"
"No."
"Do you know in what Line of Life he is?"
"He is a Publican."
"What is the Sign of the House he keeps?"
"The White Lion, in Hanging Ditch, Manchester."
"Do you recollect, on the Evening of the 18th of
May 1828, Wild with any other Persons coming to
your House or Office?"
"Yes; about One o'Clock on Sunday the 18th of
May."
"Who was with Wild?"
"Wild, Mr. Thomas Buxton, and a Third Person, whom
I did not know."
"Do you know now who the Third Person was?"
"I have heard, William Webster."
"What did they come for?"
"They came for the Purpose of putting the Banns in
for Publication."
"State to their Lordships what passed between you."
"Mr. Wild said his Friend wished to enter Publication
of Banns; and with that Mr. Buxton stepped forward
and said, he wished to enter Publication of Banns for
himself and Miss Hickson."
"Did he give the Names?"
"He gave the Names Thomas Buxton and Elizabeth
Hickson."
"What did you do?"
"I entered them on a Book I kept for that Purpose."
"Did they state any thing else about their Residence?"
"Nothing else."
"Did you ask any Questions?"
"I asked them no Questions."
"You took down their Names?"
"Yes."
"Did they then go away?"
"Yes; they left my House immediately."
"Was any thing paid?"
"Four and Sixpence."
"Who paid that?"
"Mr. Buxton."
"After Buxton had paid the Money, do you remember
Wild saying any thing?"
"Mr. Wild asked me the Quantity of Publications,
the Quantity of Persons published on an Average, and
I told him from 150 to 180 each Sunday."
"What did he say upon that?"
"He said nothing; he wished me good Morning, and
left."
"Do you remember Wild making use of any Expression?"
"None in particular."
"After this Meeting, what did you do with reference
to the Publication of Banns?"
"I entered them in the Banns Book kept in the
Church."
"Have you got the Banns Book here?"
"I do not know whether it is here or not."
"You entered those Names in the same Shape you had
received them from Buxton?"
"The same precisely."
"After you had entered them in the Book of Banns,
what was next done?"
"They were published on the following Sunday."
"That would be the 25th of May?"
"Yes."
"After the Publication of the 25th of May, what
was done; was it published a Second Time?"
"Yes."
"That would be on the 1st of June?"
"Yes."
"Did you see any of the Parties after the Second
Publication?"
"Mr. Wild came to me in the Middle of the Week
after the Second Publication."
"I do not ask you what passed; did you offer to do
any thing?"
"I offered to accompany him to Church, to shew him
that the Parties had been published; but he said he
was satisfied."
"Was that for the Purpose of shewing him the Book?"
"Yes; for the Purpose of shewing him that the Parties
had been published Twice."
"Did he use any particular Expression?"
"He said he was satisfied, and went away."
"Were the Banns published a Third Time?"
"They were published a Third Time."
"That would be on the 8th of June?"
"Yes."
"Did you see Buxton and Wild upon Monday the
9th of June?"
"Yes; about Half past Ten at Night."
"Where did you see them?"
"They came to me at a Public House in the Churchyard."
"You were at the Public House?"
"Yes."
"What passed?"
"Mr. Wild said his Friend wanted to be married in
the Morning, as early as possible. I told him he could
not be married before Eight o'Clock; and that he should
have come earlier, and given me Notice, that I might
have given the officiating Clergyman timely Notice."
"Who was the officiating Clergyman?"
"The Reverend Richard Remington."
"What did they say to that?"
"Mr.Wild said, could not I send a Letter, or communicate to Mr. Remington that his Friend wished to be
married; and I wrote a Letter accordingly."
"Was any thing said about a Fee?"
"I told him there was an extra Fee of Five Shillings
if they were married out of the usual Time."
"What did he say to that?"
"He said that was a Matter of no Consequence."
"After you had written the Letter, did you send it?"
"I enquired the Time, and found it was so late I did
not send it. I said I would try to get a Clergyman
from the Grammar School."
"Did any Conversation take place upon that?"
"Mr. Wild said, that he thought if he went with me to
Mr. Hordern, as he knew his Father, most likely he
would marry them."
"Is Mr.Hordern at the Grammar School?"
"No; he is Librarian to the College. He said he
would call upon him next Morning at Eight o'Clock,
and I agreed to accompany him to the College."
"Did he come the next Morning?"
"Yes, he did; about Twenty Minutes past Eight
o'Clock."
"Did you go down to the College?"
"We went down to the College, and found Mr.Hordern
in Bed. I went into his Bed-room, and told him there
was a Gentleman of the Name of Wild wanted him to
marry his Friend at the Collegiate Church that Morning.
Mr. Hordern said he would be down in Half an Hour."
"Did Mr.Hordern come down?"
"He came to the Church in about Half an House; but
sent up a College Boy previously, to know whether I
thought the officiating Clergyman would be offended;
and I sent Word back that I thought he would not."
"After that, do you remember Buxton and any other
Persons coming?"
"Buxton, Miss Hickson, and Mr. Wild and his Niece,
and Mr. Buxton's Sister."
"What was Buxton's Sister's Name?"
"I believe Mary Ann."
"After they came, did you get the Banns Book?"
"After they came to Church, I got the Banns Book,
and transferred their Names from the Banns Book to
the Register Book of Marriages. During my doing so,
Mr.Wild and Mr. Hordern were walking about the
Church in Conversation. After I had entered the
Parties, Mr. Buxton signed the Book, and Miss Hickson
and Mr.Wild and Miss Mary Ann Buxton, I think, were
the others who signed the Book."
"Did the Ceremony take place then?"
"Yes; the Ceremony took place immediately after."
"Solemnized by Mr. Hordern?"
"Yes."
(By a Lord.) "Did the Ceremony take place after
they had signed the Book?"
"Yes."
(Mr. Adam.) "Did they sign the Book first, and were
they married afterwards?"
"They certainly did; that is the Way it is done in
Manchester."
(By a Lord.) "Do you give the Certificate of Marriage
before it is solemnized?"
"No, we do not; we give the Certificate of Marriage
afterwards; but we permit the Book to be signed.
The Certificate is given after the Parties come from the
Altar."
(Mr. Adam.) "Is the Certificate given from the
Register?"
"Yes."
(By a Lord.) "The Register certifies that the Marriage
has been solemnized?"
"Yes."
"Was this done in the same Form as every other
Marriage in that Church?"
"That is the Manner in which all Marriages are done
at the Collegiate Church."
"The Way in which all Marriages are done?"
"Performed, I mean."
(Mr. Adam.) "Who gave Miss Hickson away?"
"Benjamin Wild."
"What was Miss Hickson's Appearance at that
Time?"
"She appeared very young."
"After that, did you see any thing more of the
Parties?"
"Mr. Wild paid me the extra Fee, and gave me a
Sovereign, and told me to keep the Surplus for myself."
"After that, did you see any thing more of Buxton?"
"I saw nothing more of Mr. Buxton afterwards."
"Do you remember after that, before the Trial at
Lancaster, seeing any of the Buxton Family?"
Yes; not of his Family; I saw some of the Parties
concerned."
"Whom did you see?"
"I saw Erasmus Webster and William Webster."
"Where did you see them?"
"I saw them at Captain Wild's, at the White Lion."
"Do you remember seeing Buxton's Mother there?"
"I saw her at Lancaster."
"In whose Presence did you see Buxton's Mother?"
"In the Presence of Mr.Wild, William Webster and
Erasmus Webster, and Thomas Buxton and Miss
Buxton."
"Was that after the Indictment had been found by the
"Grand Jury?"
"It was."
"Had you any Conversation about your appearing as
a Witness?"
"We had."
"With whom?"
"With Mrs. Buxton."
"State to their Lordships what that Conversation
was."
Mr. Pollock objected to the Question.
Mr. Adam was heard in support of the Question.
(By a Lord.) "Did Buxton hear that Conversation?"
"He did."
"Did he make any Observation upon that?"
"None whatever."
"How do you know that he heard it?"
"He was sitting next to me in the Room."
Mr. Pollock was heard in reply.
The Counsel were informed, "That their Lordships
were of Opinion the Evidence ought not to be
received."
(Mr. Adam.) "Did you afterwards see Buxton himself down Stairs?"
"I went down shortly below into the Parlour with
Mr. Wild and Mr. Buxton."
"After you had gone into this Parlour with Wild and
Buxton, had Buxton and you any Conversation?"
"After Mr. Wild left us and went up Stairs, we had
some Conversation."
"Who began that Conversation?"
"Mr. Buxton."
"What did he say to you?"
"He said Will Webster had no Business to say any
thing against him, for it was his Fault from Beginning
to End."
"Had Will Webster been saying any thing against
Buxton in your Presence?"
"He said up Stairs, in reply to what Mrs. Buxton said,
that it was Buxton had let them all into it."
"Buxton said that Will Webster had no Right to
complain of him, Buxton?"
"Yes."
"What further passed?"
"Buxton said, that he had to thank Will Webster for
letting them all into it, from Beginning to End; that
he should not have thought of marrying but for William
Webster."
"Did he say any thing more?"
"I do not recollect any thing further while we were
together."
"Did he say any thing as to what had taken place
subsequent to the Marriage?"
"He said he had sent down a Writ from London, to
be executed on Mr. Moore,-Mr.Ambrose Moore; and
that Mr. Webster had gone out and got drunk with
the Writ in his Pocket, and given Mr. Moore Time to
get out of the Way; and that at last, when it was put
into the Hands of the Person to be executed, they very
nearly broke his Arm with the Door when he went to
execute that Writ."
"What did you say to that?"
"I do not know; I made no Reply to it."
"Was there any thing more passed?"
"I do not recollect; there might have been more."
(By a Lord.) "Did you ask those Persons whether
they resided in the Parish, when they came to ask you
for the Publication of Banns?"
"I did not; Mr. Nicholls, the Parish Clerk by Purchase,
desired me not to ask any Questions."
"Were you his Deputy?"
"Yes."
"He is the Parish Clerk by Purchase?"
"Yes. Unless the Parties told me they were of another
Parish, it was not usual to do it there."
"Who receives the Fees?"
"Mr. Nicholls receives the Fees; I received a yearly
Salary."
"Did the Clergyman sign the Book before the Marriage, or after?"
"After the Marriage."
"You think Buxton said he should not have thought
of marrying but for William Webster?"
"He did."
"Did you understand that he expressed that he had
no Affection for this Girl; what was your Impression?"
"My Impression was, that he would never have made
any Attempt to marry Miss Hickson, but for his being
guided by William Webster."
"Did he say that he had no Affection for the Girl,
and that he had acted under the Influence of
Webster?"
"No. I recollect his saying, if Miss Hickson wished
to be separated from him, he had no Inclination to have
her against her Will."
"How did you enter those Persons in your Book?"
"Thomas Buxton and Elizabeth Hickson. The Words,
both of this Parish," are printed."
"Those Names you wrote against the Words, "both
of this Parish," without making any Enquiry into the
Fact?"
"Yes."
"Did you know that the Law requires them to reside
within the Parish?"
"Yes, I did; but I have known them told in the
Chapter House not to say where they came from."
"By whom?"
"By my Employer, Mr. Nicholls."
"You were Deputy to him?"
"Yes."
"He purchased his Situation, you say?"
"Yes."
"From whom?"
"The Trafford Family."
"A Roman Catholic Family?"
"Yes; he gave Fifteen hundred Pounds for it."
"Therefore the more Marriages there were, the better
it was for him?"
"Yes."
"Who receives the Fees?"
"The Fees are divided between the Chaplains and the
Parish Clerk; the Two Parish Clerks get a Part."
"Who signs the Entry in the Register Book?"
"That is signed by the Minister."
"Did this young Lady, during the whole of the
Ceremony, and during the Signature, appear willing
and anxious to get the Marriage performed, or did you
see any Reluctance on her Part?"
"There was no Reluctance; I thought she appeared
very thoughtless."
"How do you mean thoughtless?"
"Giddy. She did not appear to take much Concern
about what she was doing."
"Did she say any thing?"
"No. I did not hear any thing come from her
Mouth."
"Did she look very young?"
"Very young."
"Was any Question asked her whether she was of
Age?"
"No."
"Is any such Question ever asked?"
"I never heard it asked in my Life."
(Mr. Adam.) "At the Time you did not know
Webster, you say?"
"I did not."
"Were you present at the Trial at Lancaster?"
"I was."
"Do you now know, from being present at the Trial
at Lancaster, whether William Webster was One of the
Persons who came to you to procure the Publication of
Banns?"
"I would not like to swear that."
Cross-examined by Mr. Pollock.
"How long have you been the Deputy Parish Clerk
at this Church?"
"I was Six Months Deputy Parish Clerk, or thereabouts."
"Do you know that for a short Time there was some
Alteration of the Mode of celebrating Marriages
there; that Persons were asked Questions?"
"That was the Alteration; they were asked at the
Time of their making Entry of the Marriage, whether
they were of the Parish or not."
"When did that begin to take place?"
"If I had the Banns Book I could tell; I could refer
to the Number that were published."
"Was it before or after this Marriage?"
"After this Marriage."
"Does that continue at the present Moment?"
"It continued up 'till I left. I cannot say whether it
continues now or not."
"Do not you know that before that Parties had been
asked where they lived, and Directions were given to
discontinue the putting those Questions?"
"Parties were certainly asked; they were told that
they must answer whether they were of the Parish or
not, at the Time of the Entry for Marriage, but not of
the Entry for Publication."
"Was any Question at any Time put to the Parties,
whether they lived in the Parish or not?"
"Certainly not."
"You say you were told not to put the Question?"
"I was, by Mr. Nicholls."
"Not with regard to any Persons"
"Unless the Parties themselves said they were of
another Parish."
"Unless the Parties themselves said they were of
another Parish, you were desired generally not to put
the Question?"
"I was."
"Is it not notorious in Manchester that no such
Question is put?"
"I do not know what is meant by notorious."
"Is not that generally known?"
"Yes, it is generally known."
"Have you not Reason to believe that many Persons
come from adjoining Parishes to be married on that
Account?"
"I know of many, and there are many that go from
Manchester to Prestwich."
"Within your Knowledge, is not the Practice of
marrying by Banns published in a different Parish from
that in which the Parties reside very common?"
"It was common at the Time I acted as Parish
Clerk."
(By a Lord.) "Did not that occur in many other
Towns in that Part of the Country as well as Manchester?"
"Yes, certainly."
(Mr. Pollock.) "You mentioned a Conversation in
which Buxton spoke of serving a Writ?"
"I did."
"Was it mentioned what that Writ was; was not it a
Writ of Habeas Corpus?"
"It was."
"Was it in that Conversation that he said he did not
wish to have Miss Hickson, except with her own
Consent?"
"It was."
"Did he not desire to have her with her Consent?"
"He did not say any thing about that."
"Did not he say that he had got a Writ of Habeas
Corpus for the Purpose of getting Possession of her?"
"He did not say what it was; but it was a Writ for
Mr. Moore."
"You did not know what Writ it was?"
"I knew it was a Writ of Habeas Corpus."
"You stated that he said he did not wish to get Possession of Miss Hickson, except with her Consent?"
"He did."
"That was obtaining Possession of her Person?"
"Yes; that was Two Nights previous to the Trial for
a Conspiracy."
(By a Lord.) "You said you called the Clergyman
out of Bed in the Morning to perform the Ceremony;
is it usual for any Clergyman that might not belong to
the Church to perform the Ceremony without the
Clergyman attached to the Church being made acquainted with it?"
"I have obtained a Clergyman from the Grammar
School without the Clergyman officiating having
Knowledge of it."
"The Clergyman asked no Questions?"
"Not that I heard."
(Mr. Adam.) "Do you recollect any thing passing
between Mr. Hordern and you about Mr. Wild being
a Connection of his Family, and that being a Reason
why he would do it?"
"Yes; it was Mr. Wild said he had nursed Mr. Hordern
on his Knee at his Father's, many a Time."
"Was not it in Consideration of that that Mr. Hordern
came down to do it as a personal Favor to Mr. Wild?"
"I really believe it was."
"Did he not appear to feel a great Objection at first,
on the Ground of its not being in the ordinary
Course?"
"He certainly did."
The Witness was directed to withdraw.
The Counsel were directed to withdraw.
Ordered, That the further Consideration and Second
Reading of the said Bill be put off sine Die.
E. of Shrewsbury takes the Oaths.
This Day John Earl of Shrewsbury took and subscribed
the Oath appointed to be taken, by the Act of the Tenth
Year of the Reign of His present Majesty, by Peers
professing the Roman Catholic Religion.
Boydell's Divorce Bill.
The Order of the Day being read for the Second
Reading of the Bill, intituled, "An Act to dissolve the
Marriage of Samuel Boydell with Jane Boydell Boydell
his now Wife, and to enable him to marry again; and
for other Purposes therein mentioned;" and for hearing
Counsel for and against the same; and for the Lords to
be summoned;
Counsel were accordingly called in:
And Mr. Earle appearing as Counsel on behalf of the
Petitioner, and Mr. Tamlyn appearing as Counsel for
Mrs. Boydell;
Mr. Earle was heard to open the Allegations of the
Bill.
Then Charles North Hunt was called in; and having been
sworn, was examined as follows:
(By Counsel.) "Are you an Attorney?"
"Yes."
"Are you acquainted with Mr. Boydell, the Petitioner
in this Case?"
"Yes."
"Do you know Mrs. Boydell, his Wife?"
"Yes; I have known her several Years."
"Did you serve on Mrs. Boydell a Copy of the Bill
pending in this House, and a Copy of the Order for
the Second Reading of it?"
"Yes, I did."
"Where?"
"At her House in the Hornsey Road."
"You saw her?"
"Yes."
"What did she say; did she say any thing?"
"She said she expected it."
The Witness was directed to withdraw.
Then Charles Boydell was called in; and having been
sworn, was examined as follows:
(By Counsel.) "Are you the Brother of Mr. Samuel
Boydell, the Petitioner in this Case?"
"I am."
"Do you produce an Official Copy of the Procedings
in the Consistorial Court of London?"
"No, I do not; they have been produced at the Bar
of the House."
"Do you produce an Extract of the Parish Register
of Saint Mary, Islington?"
"The Attorney has it, I believe."
(By a Lord.) "Were you present at the Marriage?"
"I was."
(By Counsel.) "Were you present at the Marriage
of Samuel Boydell with Jane Boydell Philpot?"
"I was."
"In what Year was it?"
"I believe it was in the Year 1823."
"After Mr. Boydell married his Wife, where did he
live?"
"In Chapman Street, Islington."
"How long did he continue to live there?"
"About a Twelvemonth."
"After that, where did he go to?"
"To Ilchester, in Somersetshire."
"What Profession did he carry on?"
"That of an Attorney at Law."
"Was he an Attorney at the Time he married?"
"No, he was not; he was under Articles of Clerkship
to an Attorney."
"Did he practise at all in London, or did he commence Practice at Ilchester?"
"He began practising in Ilchester."
"Had you an Opportunity of seeing them both at
London and at Ilchester?"
"I had."
"Did you live near them at Ilchester after he went
there?"
"Yes, I did; I was under Articles to him at Ilchester."
"Had you an Opportunity of seeing on what Terms
he lived with his Wife?"
"I had."
"On what Terms did they live?"
"The most affectionate Terms possible."
"After he had been at Ilchester some Time, do you
remember a Person of the Name of Henry George
Crocker being articled to him as Clerk?"
"I do."
"Upon that, did you leave the Neighbourhood of
Ilchester, and leave Mr. Crocker Articled Clerk to your
Brother?"
"About Six Months afterwards."
"Do you remember Mr. Samuel Boydell coming to
London, on a Visit to Mr. Lambe, in March 1829?"
"I do."
"How long did Mr. Boydell continue in London upon
that Occasion?"
"It was about a Fortnight."
"When he went into the Country, did he take his
Wife with him, or leave her in London?"
"He left her in London."
"With whom?"
"Mr. and Mrs. Lambe, at Bethnal Green."
"Are they any Relations to Mrs. Boydell?"
"Uncle and Aunt."
"Had Mrs. Boydell lived with them at any former
Period of her Life?"
"She had, I understand, for a considerable Period.
I understood she was brought up by Mrs. Lambe."
(By a Lord.) "For what Period was it intended she
should remain?"
"I understood, for a Fortnight longer."
"Merely for a Visit?"
"No."
"Not any intended Separation?"
"Oh dear, certainly not."
(By Counsel.) "Shortly after Mr. Samuel Boydell left
London, did you, in consequence of some Communication, go into a Room of Mr. Henry George Crocker?"
"No, I did not; I went into one of my own Rooms."
"Did Mr. Henry George Crocker live in your House?"
"He did."
"In consequence of some Information you had
received, did you go into your own Room, and find
something left by him?"
"I found a Letter."
"Where did you find it?"
"In his Coat Pocket."
"From whom was that Letter?"
"It was from Mrs. Boydell to Henry George Crocker."
(By a Lord.) "Have you that Letter here?"
"It is attached to the Proceedings."
"Mr. Crocker was living with you?"
"Yes."
"What are you by Profession?"
"I am an Attorney."
"Was he living with you as an Articled Clerk?"
"No; I was not then out of my Clerkship; he was
lodging at my House while he was at an Office in
Gray's Inn."
"Did you search his Coat Pocket in consequence of
some Information you had received?"
"Yes, I did."
(By Counsel.) "Did you, in consequence of finding a
Letter in the Pocket of Mr. Crocker, write to your
Brother, Mr. Samuel Boydell?"
"I did."
"Did he immediately upon that come to London?"
"He did."
"Do you know to whose House he went on coming to
London?"
"To Mr. Lambe's, in Bethnal Green."
"Were you present at any Interview between him and
his Wife on his coming to London?"
"No, I was not."
"After he had gone to Mr. Lambe's House, to whose
House did he go to sleep the Night after his Arrival?"
"To my House."
"After this Period, do you know of Mrs. Boydell
having taken Lodgings in Richard Street, Islington?"
"I know that she was in Lodgings there."
"Did you use every Endeavour in your Power to
ascertain the Guilt or Innocence of Mrs. Boydell with
respect to Mr. Crocker, while she was living in Richard
Street, Islington?"
"I did."
"Did you fail to obtain any Information of her Guilt,
while she remained there?"
"I did."
"Did you afterwards discover that she had taken a
House in the Hornsey Road?"
"I did."
"Did you employ any one to assist you in watching
her Proceedings there?"
"I did."
"Who was that?"
"Francis Morris, a Police Officer."
"In consequence of Information that you derived
from him, did you go with him to this House in
Hornsey Road, where Mrs. Boydell was living?"
"I did."
"At what Time?"
"I went about Six in the Afternoon, and waited 'till
Eleven at Night."
"Had you observed any thing particular in the Bedroom of that House?"
"I observed a Female come to the Window, whom I
recognized to be Mrs. Boydell."
"Did you upon that take any Steps to get into that
Bed-room?"
"Afterwards, we did."
"At what Time did you do that?"
"About Eleven o'Clock or Half past Eleven."
"What were the Steps you took?"
"We got a Ladder and got through, and went into
the Bed-room."
"In the Bed-room, who were the Persons you found?"
"Mrs. Boydell and Henry George Crocker."
"In what Situation were they; were they dressed or
undressed?"
"They were undressed, with the Exception of their
common Night Clothes; they got out of Bed when we
entered."
"As soon as this Information had been obtained, was
an Action commenced in the Court of Common
Pleas?"
"The very next Day."
Cross-examined by Mr. Tamlyn.
"You are the Agent of your Brother?"
"I am now."
"Will you be so kind as tell their Lordships what,
from your Knowledge of his Business, are his Annual
Profits?"
The Counsel was asked, "In what Way he applied
that to the present Question?"
The Counsel stated, "That he might use it in the
Course of his Address to their Lordships."
"I should think not more at that Time than Three
hundred Pounds a Year."
"How many Clerks has he?"
"None whatever."
"How many has he had?"
"He has had none but myself and Henry George
Crocker articled to him."
(By a Lord.) "What Age is he?"
"Two-and-thirty."
(Mr. Tamlyn.) "Has he any Writing Clerks?"
"No."
"How long were you his Agent?"
"Only, I think, Two Months."
"What do you conceive was his Annual Income from
his Business at the Time you were articled to him?"
"Much more than now; I cannot tell what it was
precisely; perhaps it might be Four hundred Pounds."
(Mr. Earle.) "Do you now produce an Extract from
the Parish Register of Saint Mary's, Islington?"
"I do."
"Did you compare it with the Register of Marriages?"
"I did."
(By a Lord.) "Who produced to you the Register?"
"Indeed I do not know; it was the Person who was
always there."
"In the Vestry, or where?"
"In the Vestry Room."
The Witness was directed to withdraw.
Then Alfred Lambe was called in; and having been
sworn, was examined as follows:
(By Counsel.) "Are you acquainted with Mr. and
Mrs. Boydell?"
"Yes."
"Were you present at their Marriage in 1823?"
"I was."
"Had you Opportunities of seeing how they lived
together after that Period, for some Time?"
"For about a Twelvemonth."
"Did they visit at your House in 1827?"
"They did."
"Did they visit there again in 1829?"
"They did."
"Upon all Occasions on which you have seen them
together, was the Conduct of Mr. Boydell that of an
affectionate and attentive Husband towards his Wife?"
"I think decidedly so."
"Do you remember, in 1829, Mrs. Boydell being left to
stay at your House on a Visit, when Mr. Boydell
returned to Ilchester?"
"Perfectly well."
"After she had staid there some Time, did Mr. Boydell
come back?"
"Yes; he came back some Time after that; about a
Fortnight, or it might be Three Weeks."
"Were you present at the Interview between
Mr. Boydell and his Wife, on his returning from the
Country?"
"I was."
"Was the Subject of that Interview with respect to a
Letter?"
"It was."
"What did Mr. Boydell request his Wife to do?"
"He wished her to return to Ilchester with him."
"What Answer did she make to that Application?"
"She would not; she refused to return."
"Did Mr. Boydell leave your House to go to his
Brother, as was mentioned?"
"He did."
(By a Lord.) "Was a Letter produced by Mr. Boydell?"
"I think there was; the Conversation turned upon
this Letter, which his Brother had found, of Henry
Crocker."
"Was it stated in the Conversation that it was a Letter
from Mr. Crocker?"
"Yes; it had raised his Suspicions."
"In consequence of which he requested she would
return with him to Ilchester?"
"Yes."
"She refused to do this?"
"Yes."
(By Counsel.) "After Mr. Boydell had left your
House and gone to his Brother, what did Mrs. Boydell
do?"
"Mr. Boydell, on finding she would not return to
Ilchester with him, applied to me and Mrs. Lambe to
allow her to remain. Having heard of this Letter of
hers, I was unwilling; but he pressed me very much,
and we did allow her to stop till something was settled;
that she should stay under Mrs. Lambe's Protection."
"Having consented to allow her to stay under your
Roof, after Mr. Boydell was gone, what did she do?"
"Almost as soon as his Back was turned, as soon as
he left the House, she got one of the Servants to call a
Coach, unknown to myself or Mrs. Lambe; and on the
Coach coming to the Door, she went out, and desired
one of the Servants to fetch down her Boxes. I went
to her, and told her, Mr. Boydell, I knew, would not
permit her to go; but without using Force I could
not restrain her. I told her, if she behaved in that
Way I should not detain her, but she should not take
them with her, but I would have the Boxes sent to her
Husband; and she went away without the Boxes."
"Did she go away from your House in spite of your
Entreaties that she would stay?"
"Yes; and I sent the Boxes to Mr. Boydell's Brother."
"Did she afterwards take Lodgings in Richard Street,
Islington?"
"Not to my Knowledge."
"Did you ever see her there?"
"No."
(By a Lord.) "You did not accompany her when
she went away?"
"No."
"When did you first hear where she went to?"
"Some Days after."
"Did you then go to visit her at the Place where she
was residing?"
"No; I have never seen her since."
"How soon was it after that that she was discovered
in the Manner the last Witness has described?"
"In a few Days, I believe."
(By Counsel.) "The Question refers to the Discovery
in the Hornsey Road."
"That was a long while after."
(By a Lord.) "You say you did not visit her at the
Place to which she first removed?"
"No; I never saw her afterwards."
(By Counsel.) "Was the Conduct of Mr. Boydell
attentive towards his Wife?"
"He was remarkably attentive."
"You had visited them frequently after their Marriage,
probably?"
"Yes; I have visited them at Islington; in Chapman
Street, I think it was."
"After that they went to reside at Ilchester?"
"Yes."
"Did you see them afterwards?"
"In 1827, on a Visit at my House in Bethnal Green."
"Did he treat her with Kindness and Affection while
they lived together?"
"Very much so."
The Witness was directed to withdraw.
Then Charles Boydell was again called in, and further
examined by the Lords as follows:
"Did you say you examined that Certificate in your
Hand with the Register yourself?"
"Yes, I did."
"In the Vestry Room?"
"I did."
"It was produced by a Person attending in the
Vestry?"
"Yes."
"Do you know whether he was Parish Clerk, or not?"
"I understood he was Parish Clerk."
"For whom did you ask when you went?"
"The Church happened to be open, and I went into
the Vestry, and stated what I wanted."
"You found a Person there attending?"
"Yes, I did. I had previously gone to the Parish
Clerk's House, and had been informed he was at the
Church."
"In consequence of that, you went to the Church,
found the Church open, and went into the Vestry, and
found a Person there attending?"
"Yes."
"You looked at the Register, and took a Copy?"
"Yes."
"Is that a correct Copy?"
"Yes."
"In what Parish was it?"
"The Parish of Saint Mary, Islington."
"You were present at the Marriage?"
"Yes, I was."
The Certificate of Marriage was delivered in, and read
as follows; viz
t.
"(Page 261.)
"Marriage solemnized in the Parish of St. Mary,
Islington, in the County of Middlesex, in the Year 1823.
"Samuel Boydell, Bachelor, of this Parish, and Jane
Boydell Philpot, Spinster, of the same Parish, were
married in this Church by Banns, this Twenty-second
Day of September in the Year One thousand eight
hundred and twenty-three,
"By me, James Smith M.A.
Officiating Minister."
|
| "This Marriage was solemnized between us |
Samuel Boydell.
Jane Boydell Philpot." |
|
|
"In the Presence of |
Alfred Lambe.
Josh Boydell." |
"No. 781."
The Witness was directed to withdraw.
Then Ann Lambe was called in; and having been
sworn, was examined as follows:
(By Counsel.) "Are you the Aunt of Mrs. Boydell,
the Wife of Mr. Samuel Boydell?"
"Yes."
"Was she educated in your House, by you, in part?"
"Yes."
(By a Lord.) "Did she reside in your House for
a considerable Time before she was married?"
"Yes."
(By Counsel,) "Did she visit at your House on
Occasions after her Marriage?"
"Yes."
"As far as you had an Opportunity of judging, was
the Conduct of Mr. Boydell that of an attentive and
affectionate Husband?"
"Yes."
"Do you recollect Mrs. Boydell leaving your Husband's
House in April 1829?"
"Yes."
"After that Time, did you at any Period call upon
her in Richard Street, Islington, at Mrs. Hunter's?"
"Yes."
"Was she residing in Lodgings at that Time?"
"Yes."
"In what Month was that?"
"It was about a Month after she left us."
"She left you in April?"
"It was in May."
"What was your Proposal to her on the Part of her
Husband?"
"That if she would live any where where I could see
after her, he was willing to see towards her Support, if
she would leave the Person she was living with."
"What did she say to that?"
"She said she would not."
(By a Lord.) "Was any Person then present that she
was living with?"
"No."
The Witness was directed to withdraw.
Then The Reverend William Presgrave was called in;
and having been sworn, was examined as follows:
(By Counsel.) "Are you a Clergyman residing at
Ilchester?"
"I am."
"Are you acquainted with Mr. and Mrs. Samuel
Boydell; Mr. Boydell the Petitioner on the present
Occasion?"
"I am."
"Had you been in the habit of visiting at their House
at Ilchester, during the Three Years before the Spring
of 1829?"
"I had."
"Had you an Opportunity of seeing the Terms on
which they lived together?"
"Many Times."
"On what Terms did they live together?"
"On the most friendly Terms possible; I judged
Mr. Boydell to be an indulgent and kind Husband, and
never suspected the contrary."
(By a Lord.) "Do you carry that up to the Time
he came to Town; up to the last Time you saw them
together?"
"Yes."
"Do you say that they were living on the same Terms
up to that Period?"
"Yes."
The Witness was directed to withdraw.
Then Charles Boydell was again called in, and further
examined as follows:
(By Counsel.) "Have you Reason to believe that
Mr. Boydell had no Suspicion of any Connexion
between this Person and his Wife, until you communicated that Letter?"
"None whatever."
"Are you satisfied he had not?"
"I am perfectly so."
The Witness was directed to withdraw.
Then Ann Miles was called in; and having been sworn,
was examined as follows:
(By Counsel.) "Were you the Servant of Mr. and
Mrs. Samuel Boydell?"
"Yes."
"Were you their Servant in the Years 1828 and
1829?"
"Yes."
"That was at Ilchester?"
"Yes."
"Had you Opportunities of seeing the Terms upon
which Mr. Boydell and Mrs. Boydell lived together?"
"Yes."
"Upon what Terms did they live?"
"Very comfortable."
(By a Lord.) "Was Mr. Crocker there at that Time;
or had he left?"
"He had left."
"Did you observe any Intimacy and Familiarity
between Mr. Crocker and your Mistress?"
"No; no more than I thought Mrs. Boydell seemed to
be very fond of him, and he of her, but I never saw any
Harm."
"They seemed to be very fond of each other?"
"Yes."
"Do you mean improperly fond?"
"No; nothing more than that."
"What do you mean by being very fond; how did it
show itself; how did they show their Fondness?"
"Nothing particular, only latterly they seemed fond
of each other; nothing particular."
"Are you sure there was nothing improper to
Appearance?"
"No; nothing whatever."
The Witness was directed to withdraw.
Then William Capes was called in; and having been
sworn, was examined as follows:
(By Counsel.) "Do you produce an examined Copy
of the Record of an Action in the Court of Common
Pleas between Samuel Boydell and Henry George
Crocker?"
"Yes."
"Did you examine it with the Original in the Office?"
"I did."
"You examined it yourself?"
"I did."
"Is it a true Copy?"
"It is."
The same was delivered in and read, being an Office
Copy of the Record of a Judgment in the Court of
Common Pleas in Michaelmas Term, in the Tenth Year
of the Reign of His present Majesty, in an Action
by Samuel Boydell against Henry George Crocker, for
Trespass, Assault and Criminal Conversation with Jane
Boydell, the Wife of the said Samuel Boydell, for £200
Damages, besides Costs of Suit.
The Witness was directed to withdraw.
Then Charles North Hunt was again called in, and further
examined as follows:
(By Counsel.) "Were you the Solicitor for the Plaintiff?"
"I was."
"Have you received the Damages and Costs in an
Action of Mr. Samuel Boydell against Henry George
Crocker?"
"I have; they were paid by the Defendant himself."
"Have you paid them over to the Plaintiff after
deducting the Costs?"
"Yes, I have."
The Witness was directed to withdraw.
Mr. Earle stated, "That the Petitioner was in attendance,
in case their Lordships wished to propose any Questions
to him."
Mr. Tamlyn was heard on behalf of Mrs. Boydell.
The Counsel were directed to withdraw.
Then the said Bill was read a Second Time.
Ordered, That the said Bill be committed to a Committee of the Whole House.
Ordered, That the House be put into a Committee
upon the said Bill To-morrow; and that the Lords be
summoned.
Mildmay's Divorce Bill.
The Order of the Day being read for the further
Consideration and Second Reading of the Bill, intituled,
An Act to dissolve the Marriage of Captain Edward
St. John Mildmay with Marianne Catherine his now
Wife, and to enable him to marry again; and for other
Purposes therein mentioned;" and for the Lords to be
summoned;
Counsel were accordingly called in.
Then William Whateley Esquire was called in; and having
been sworn, was examined as follows:
(By Counsel.) "Do you know Captain Mildmay?"
"I have once seen him."
"Were you acquainted with Mrs. Mildmay?"
"Yes; I have been intimately acquainted with
Mrs. Mildmay and her Family between Fifteen and
Sixteen Years."
"Did you go with Mr. Warren, the Attorney, to
Mrs. Mildmay's Lodgings?"
"I did; I introduced Mr. Warren to Mrs. Mildmay."
(By a Lord.) "At the Time when he went to serve
a Copy of the Bill?"
"Yes; being a Friend of Mrs. Mildmay and her
Family. I understood that such a Proceeding was
necessary; and I thought it would be more delicate
that I should introduce him, instead of his going as a
Stranger."
The Witness was directed to withdraw.
Then Augustus Warren was again called in, and further
examined as follows:
(By Counsel.) "Did you serve a Copy of the Bill
and the Order of the House upon the Lady to whom
you were introduced by Mr. Whateley as Mrs. Mildmay?"
"I did."
The Witness was directed to withdraw.
Then Francis Clarke was called in; and having been
sworn, was examined as follows:
(By Counsel.) "Are you a Clerk in The East India
Company's Service?"
"I am."
"Have you the Custody of the Return of the Marriages celebrated in India?"
"I have."
"Will you refer to the Date of the 11th of June 1818,
and see whether you find the Return of a Marriage
between Captain Mildmay and Miss Sherson?"
"These are the Returns by the Madras Government
to the Court of Directors; there is a Register of such
a Marriage."
(By a Lord.) "Have you the original Return?"
"It is the original Return in this Country; the original
Register remains in India."
"Where was the Marriage?"
"At Chiltoor."
The Witness read the following Entry:
"Chittoor, 11th June 1818.
"Edward St. John Mildmay Esqr. of H. M.'s 22nd
Light Dragoons, and Marianne Catherine Sherson
Spinster, of this Chapelry, were married at Palmariarry
in this Chapelry, (on Licence from The Right Hoñble
The Governor of Fort St. George, and according to
the Forms and Ceremonies of the Church of England
as by Law established,) this Day,
"By me,
(Signed) "Henry Harper, Chaplain.
"This Marriage was solemnized between us,
(Signed) Edward St. John Mildmay.
"Marianne Catherine Sherson.
"In the Presence of
(Signed) S. Skinner, of the Madras C. S.
"C. Roberts, Madras Civil Service."
The Witness was directed to withdraw.
Then Stephens Wade Henslow was called in; and having
been sworn, was examined as follows:
(By Counsel.) "Are you an Attorney?"
"I am."
"Were you concerned for the Defendant, in the Cause
of Mildmay against Knapp?"
"I was."
"Are you in Communication with Mr. Knapp, so as
to know where he is at the present Moment?"
"I am."
"Is he Abroad, or in this Country?"
"He is in the South of France."
(By a Lord.) "Has he been in England since the
Trial?"
"No."
(By Counsel.) "Do you know whether any Pains
have been taken to obtain the Amount of the Damages,
by the Plaintiff or his Attorney?"
"Yes."
(By a Lord.) "Have they been demanded of you?"
"Yes."
(By Counsel.) "Are you about to pay them?"
"In a Day or Two, I hope we shall pay them."
(By a Lord.) "Have you received Funds for that
Purpose?"
"Yes; at least a Power of Attorney for the Sale of
Funds is being signed at the present Moment."
"Have you communicated that to the Attorney for
the Plaintiff?"
"Yes."
"As far as you know, is that the Reason why further
Proceedings have not been taken?"
"Yes."
The Witness was directed to withdraw.
Then The Reverend William Ricketts was called in; and
having been sworn, was examined as follows:
(By Counsel.) "What are you?"
"A Clergyman, and a Fellow of Merton College,
Oxford."
"Were you acquainted with Captain Mildmay and
Mrs. Mildmay?"
"I was."
"How long have you known them?"
"Ever since I returned from India, and even before
that."
"Upon what Terms did they live, as to Affection and
Comfort, together?"
"Upon the best Terms possible."
"Were you acquainted with them up to the Time
when that unfortunate Interruption occurred?"
"I was."
(By a Lord.) "Are you a Relation of Captain
Mildmay?"
"I am a First Cousin of Captain Mildmay."
"Did you ever live in the same House with them for
any Time?"
"I did not live in the same House with both of them
together; I have visited them constantly, and knew
them very well."
The Witness was directed to withdraw.
Then Henry Sike was called in; and having been sworn,
was examined as follows:
(By Counsel.) "Were you a Servant in the Family
of Captain Mildmay?"
"Yes."
"In what Capacity?"
"As Footman."
"Were you there in October 1829?"
"Yes."
"How long had you been in the Service at that
Time?"
"About Three Months."
"Where was Captain Mildmay in the Month of
October?"
"At Southampton."
"Was he living there with his Family?"
"Yes."
"How many Children has he by Mrs. Mildmay?"
"Four."
"Were they living in the House with them?"
"Yes."
"Do you recollect upon any Occasion his being absent
for some Time?"
"For a short Time."
"How long was it?"
"Three or Four Days in general."
"On what Occasion was it that he was absent?"
"One Time he went to Lady Mildmay's."
"Do you know whether he went to Ireland about his
Regiment, or whether he went to Town to the War
Office?"
"He went to Town Twice."
"As far as you understood, was it upon Business?"
"Yes."
"Do you remember, one Evening when he was absent,
any thing particular occurring?"
"Yes."
"What was it?"
"On Sunday the 18th of October he left Southampton,
as I understood, by one of the Coaches; and that
Night there was a Gentleman of the Name of Knapp
in the House. I heard something about the House
after I was in Bed."
"What did you hear?"
"I heard some Noise; I could not exactly say what,
at first."
"In consequence of that, did you endeavour to ascertain what it was?"
"Yes."
"What did you do?"
"I left the Plate down Stairs, which I usually took up
in the Bed-room."
"Where did you go?"
"I put on some of my Clothes, and proceeded to the
Top of the Stairs, and saw Mrs. Mildmay."
"At what Time of the Night was this?"
"About Half past Eleven or a Quarter to Twelve."
"Can you tell whether Mrs. Mildmay saw you?"
"No, I cannot."
"What did you observe next; what was Mrs. Mildmay
doing?"
"She stood at the Nursery Door."
"What did she appear to be doing?"
"Listening."
"Was she there long?"
"No."
"Where did she go to after that?"
"I waited a short Time, expecting she would return
to her Bed-room, that I might go down for the Plate,
and I heard the Front Door unfastened."
"Who unfastened it; could you tell?"
"No; I could not see that; I was on the Stairs."
"What did you next observe?"
"I then heard the Footsteps of some Person coming
up with Mrs. Mildmay; I could hear the Steps of Two
Persons."
"Did Mrs. Mildmay go down to the Street Door?"
"Yes."
(By a Lord.) "Did you see her at the Street Door?"
"I did not see her."
(By Counsel.) "You say you saw her listening at the
Nursery Door, and after she had listened a short
Time at the Nursery Door she moved off; did you
remain at the same Place?"
"Yes; a short Time."
"Where was that Place where you were?"
"On the Stairs."
"Were you in a Position in which she could see
you?"
"No."
"Did you observe her go from the Door; if so, which
way did she go?"
"She went down Stairs."
"Then, she having gone down Stairs, you heard the
Street Door open?"
"Yes."
"Had she been gone long enough to get down to the
Street Door, when you heard the Door open?"
"Yes."
(By a Lord.) "Then you say you heard the Street
Door open, and Two Persons coming up Stairs?"
"Yes."
"Could you ascertain if they went into any Bed-room;
and if so, into what Room?"
"Into Mrs. Mildmay's Bed-room."
"What did you do upon that?"
"I proceeded down Stairs to the Front Door, and
found the Front Door quite undone, which I fastened."
"Was it open?"
"No; just closed to."
"But not secured?"
"No."
"Had you fastened it yourself?"
"Yes."
"Had those Fastenings been undone?"
"Yes."
(By Counsel.) "Where did you remain during the
Night?"
"I proceeded down Stairs to get a Light."
"Did you get one?"
"No; I went up into the Drawing-room, and got a
Match Light, and I looked over the House, and I
could not see any one."
"Did you go to Bed?"
"No; I remained on the Stairs for some Time, and
lighted the Lamp in the Passage."
"And remained on the Stairs?"
"Yes."
"What happened next?"
"Then I heard a Noise in the Room, which I supposed to be the Blinds drawn up in the Bed-room."
"How near were you to the Door of the Bed-room
when you heard that?"
"About, it might be, Five Yards from the Door."
"Upon that, what did you do?"
"I remained there for some Time; I suppose it
might be Two Hours."
"What next did you see?"
"Then I heard Mrs. Mildmay come to the Door, and
unlock the Door; and she came out and looked
about."
"What Door?"
"The Bed-room Door."
"Could she see you?"
"No."
"Having looked about, what occurred next?"
"She then proceeded down Stairs, and went down to
the Kitchen; and she returned, and I heard her undo
the Front Door; she then proceeded up Stairs into the
Bed-room, the Bed-room Door remaining open, and
Mr. Knapp came out."
"Did you know it was Mr. Knapp then?"
"Yes."
(By a Lord.) "Was Mr. Knapp in the habit of visiting
at the House?"
"I never saw him before."
"How did you know Mr. Knapp?"
"He had been pointed out to me frequently."
(By Counsel.) "Did you know his Person, as a
Gentleman living in the Neighbourhood?"
"Yes."
"What was he?"
"I cannot say; he lived with his Mother in Southampton."
(By a Lord.) "Was she a constant Resident at
Southampton, or only for the Season?"
"A constant Resident, I understood."
"And he lived with her?"
"Yes."
"What Age was he?"
"I cannot say."
"What was his Appearance?"
"I should think he is about Two or Three and
Twenty."
"You saw him come out?"
"Yes."
"What did he do?"
"He ran down Stairs, and I proceeded after him."
"Did he see you?"
"Yes."
"Were you standing in the same Place that you were
in when Mrs. Mildmay came out?"
"Yes."
"Then how did it happen that Mrs. Mildmay did not
see you, and he did see you?"
"I was on the Turn of the Stairs, and the Instant he
came out of the Bed-room Door I started round the
Turn."
"Did you follow him?"
"Yes."
(By Counsel.) "Did you speak to him?"
"Yes."
"What did he say?"
"I told him he need not run, for I knew him perfectly
well."
"What did he say to that?"
"He did not speak; he ran as hard as he could."
(By a Lord.) "Are you quite sure it was Mr. Knapp?"
"Yes, positive."
"Can you swear to it?"
"Yes."
The Witness was directed to withdraw.
Then Mary Ann Tegg was called in; and having
been sworn, was examined as follows:
(By Counsel.) "Were you a Servant in the Family of
Captain Mildmay?"
"Yes."
"In what Capacity?"
"Mrs. Mildmay's Maid."
"How many Years had you lived in the Family?"
"Eight Years."
"What was the Conduct of Captain Mildmay towards
Mrs. Mildmay, as far as you observed?"
"Very kind indeed."
"Was he an affectionate Husband?"
"Particularly so."
"Was he attentive to her?"
"Yes, very."
"On an Occasion in the Month of October last, do you
recollect any thing occurring?"
"Yes; I saw Mr. Knapp make his Escape from the
House."
"What Time in the Morning was it?"
"About Two or Three o'Clock."
"Where did you see him from; where were you at
the Time?"
"In my Bed-room."
"Was there Light enough for you to see him?"
"Yes; quite enough."
"Did you know him?"
"Yes."
"Did you know Mr. Knapp before?"
"Yes."
"How came you to be looking out at that Time in the
Morning?"
"I heard a Noise, and I got out of Bed to see what it
was."
"What Noise was it you heard, and where?"
"Apparently like some one going down Stairs."
"Could you form any Judgment where the Person
went from?"
"No."
(By a Lord.) "Had he a Hat on?"
"Yes."
"What Month of the Year was it?"
"October."
"Where was your Room; how high from the Floor?"
"It is over the Drawing-room."
"Two Stories?"
"Yes."
"How do you know it was Mr. Knapp?"
"I know it was."
"Could you see his Face?"
"No; I saw him so far that I knew it was him."
"How do you know it was he, if you did not see his
Face?"
"I knew him so well by his Person."
"Had he been in the habit of coming to the House?"
"No; I never saw him in the House but once."
"What made you so familiar with his Person?"
"I had often seen him in the Town."
"Was there any Lamp lit?"
"No; it was Moonlight."
"Are you sure it was Moonlight?"
"Yes."
"Are you certain it was Moonlight?"
"Quite sure."
"What State of the Moon?"
"It shone very bright."
"On that Side of the Way where your House was?"
"Yes."
"Did he go along that Side, or cross over?"
"He crossed over."
"He crossed directly across?"
"Yes."
"Will you take upon yourself to swear positively it
was Mr. Knapp?"
"I will."
(By Counsel.) "Had you ever seen Mr. Knapp with
Mrs. Mildmay?"
"Yes, frequently."
"In Captain Mildmay's House, or elsewhere?"
"No; I never saw him in Captain Mildmay's House
but once."
"Where was it that you have seen them frequently
together?"
"Walking in the Town."
(By a Lord.) "Did that lead you to notice them
"particularly?"
"Yes."
"What was there so particular in Mr. Knapp that
attracted your Attention?"
"Nothing particular, that I know of."
"What Age was he?"
"About Two or Three-and-twenty."
"Good-looking?"
"Yes."
"Stout made, or slight?"
"Slight."
The Witness was directed to withdraw.
The Counsel was directed to withdraw.
Then the said Bill was read a Second Time.
Ordered, That the said Bill be committed to a Committee of the Whole House.
Ordered, That the House be put into a Committee
upon the said Bill To-morrow; and that the Lords be
summoned.
Assizes for West Riding of Yorkshire, Petitions for Removal of, to Wakefield: (Gunthwaite, &c:) Hunshelf & Oxspring:
Upon reading the Petition of the Clergy, Gentry, Freeholders and others, Inhabitants of the Townships of
Gunthwaite, Ingbirchworth and Thurlstone, in the Parish
of Penistone, in the West Riding of the County of York,
whose Names are thereunto subscribed:
Also, Upon reading the Petition of the Clergy, Gentry,
Freeholders and others, Inhabitants of the Townships of
Hunshelf and Oxspring, in the Parish of Penistone, in the
West Riding of the County of York, whose Names are
thereunto subscribed:
Penistone & Langsett.
And also, Upon reading the Petition of the Clergy,
Gentry, Freeholders and others, Inhabitants of the
Townships of Penistone and Langsett, in the Parish of
Penistone, in the West Riding of the County of York,
whose Names are thereunto subscribed; severally praying
their Lordships "to take into their serious Consideration
the Recommendation for the Removal of the Assizes
and General Gaol Delivery for the West Riding of the
County of York to Wakefield, contained in the recent
Report of the Law Commissioners, in order to devise
Measures for putting it into Execution, and affording
to the Petitioners such further Relief in this respect
as to their Lordships may seem most expedient:"
It is Ordered, That the said Petitions do lie on the
Table.
Slavery, Petitions from West-Melton & Hull for Abolition of.
Upon reading the Petition of the Persons whose Names
are thereunto subscribed, being the Minister and Members
of the Congregation of Protestant Dissenters of the Independent Denomination at West-Melton, near Rotherham,
Yorkshire, including also some Names from Swinton and
Bolton-upon-Dearne of other Denominations; praying
their Lordships "to take the Subject of Slavery as soon
as possible into their most serious Consideration, and
adopt such Ways and Means as will soon say to the
poor oppressed in all the most distant Parts of His
Majesty's Dominions, what is now said at Home to
every Briton, "Be free:"
It is Ordered, That the said Petition do lie on the
Table.
Upon reading the Petition of the Minister and Members
of the Unitarian Congregation in Hull, and others, whose
Names are thereunto subscribed; praying their Lordships,
with all practicable Speed, to abolish Slavery in every
Portion of the United Kingdom and its Dependencies:"
It is Ordered, That the said Petition do lie on the
Table.
Criminal Laws, Petition from Hull for Amendment of.
Upon reading the Petition of the Minister and Members
of the Unitarian Congregation in Hull and others, whose
Names are thereunto subscribed; praying their Lordships
"to abolish the Punishment of Death for Forgery, and
all unlawful Invasions on mere Property, and so proportion Punishment to Crime that it may in all Cases
be carried into Effect on those to whom the Commission of Crime shall be satisfactorily brought home:"
It is Ordered, That the said Petition do lie on the
Table.
Disabilities of the Jews, Petition from Hull for Removal of.
Upon reading the Petition of the Members of the Congregation of Unitarian Christians assembling in Hull, and
other Friends of Religious Liberty in that Town and
Neighbourhood, whose Names are thereunto subscribed;
praying their Lordships "to extend the same Principles
of Equity recognized to so great an Extent in their
Lordships House in the Acts recently passed for the
Relief of the Protestant Dissenters on the one Hand,
and the Roman Catholics on the other, still further in
favor of the Jewish Subjects of the British Dominions;
and if any other Restrictions on the Enjoyment of
entire Religious Liberty still exist, to blot all such for
ever out of the British Statute Book:"
It is Ordered, That the said Petition do lie on the
Table.
Hops, Account respecting, Ordered,
Ordered, That there be laid before this House, "An
Account of Hops re-exported in each Year from 1800
to 1829 inclusive, and of the Drawback of Duty paid
thereon."
Distress of the Country, Petition from Sudbury respecting.
Upon reading the Petition of the Freemen of the
Borough of Sudbury, resident in and about London, whose
Names are thereunto subscribed; complaining of the Distress of the Country, and praying, "That their Lordships will adopt such Measures as will relieve the
Country from the Grievances arising from the Want of
Influence of the People in the Choice of the Members
of the Commons House of Parliament:"
It is Ordered, That the said Petition do lie on the
Table.
Port Glasgow Harbour, &c. Bill read 2 a & committed:
Hodie 2a
vice lecta est Billa, intituled, "An Act for
improving the Harbour of Port Glasgow, constructing
a Wet Dock or Wet Docks adjacent thereto, and for
altering the Road leading from Port Glasgow to Glasgow,
near the said Harbour."
Ordered, That the said Bill be committed to the
Consideration of the Lords following:
|
|
L. Bp. London.
L. Bp. Bath & Wells.
L. Bp. Lichfield & Coventry.
L. Bp. Gloucester.
L. Bp. Bristol.
L. Bp. Carlisle.
L. Bp. Chester.
L. Bp. Raphoe.
L. Teynham.
L. Boyle.
L. Monson.
L. Holland.
L. Gage.
L. Auckland.
L. Calthorpe.
L. Rolle.
L. Fitz Gibbon.
L. Carbery.
L. Redesdale.
L. Arden.
L. Sheffield.
L. Mont Eagle.
L. Hill.
L. Glenlyon.
L. Penshurst.
L. Seaford. |
L. Abp. Canterbury.
L. Abp. York.
L. Privy Seal.
D. Norfolk.
D. Beaufort.
M. Lansdowne.
M. Salisbury.
M. Cleveland.
E. Shrewsbury.
E. Westmorland.
E. Doncaster.
E. Shaftesbury.
E. Fitzwilliam.
E. Radnor.
E. Carnarvon.
E. Malmesbury.
E. Romney.
E. Harewood.
E. Beauchamp.
E. Howe.
E. Vane.
E. Cawdor.
V. Lorton. |
Their Lordships, or any Five of them, to meet on
Friday next, at Ten o'Clock in the Forenoon, in
the Prince's Lodgings, near the House of Peers;
and to adjourn as they please.
Petition against it, referred to the Com ee:
Upon reading the Petition of Jacob Dixon Esquire,
Provost of the Royal Burgh of Dumbarton, and one of
the individual Burgesses of that Burgh; taking notice of
the last-mentioned Bill, and praying their Lordships,
"That the same may not be passed into a Law as it now
stands; and that he may be heard by himself, his
Counsel or Agents, against the said Bill, or such Parts
thereof as affect the Interest of the Petitioner; and
that the Petitioner may obtain such Relief in the
Premises, as to this House, in their Lordships great
Wisdom, shall seem meet:"
It is Ordered, That the said Petition be referred to
the Committee to whom the said Bill stands committed,
and that the Petitioner be at liberty to be heard by himself,
his Counsel or Agents, against the same, as desired; and
that Counsel be heard for the Bill at the same Time, if
they think fit.
All Lords added to the Com ee:
Ordered, That all the Lords who have been or shall
be present this Session, and are not named of the Committee to whom the said Bill stands committed, be added
thereto.
Com ee to appoint a Chairman.
Ordered, That the Committee to whom the said Bill
stands committed do appoint their own Chairman.
Population Bill.
Ordered, That the Bill, intituled, "An Act for taking
an Account of the Population of Great Britain, and of
the Increase or Diminution thereof," be printed.
Macclesfield Waterworks Bill:
Hodie 3a
vice lecta est Billa, intituled, "An Act for
better supplying the Inhabitants of the Borough of
Macclesfield, in the County of Chester, with Water, and
to establish the Rates payable for the same."
The Question was put, "Whether this Bill shall
pass?"
It was resolved in the Affirmative.
Message to H.C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by
Mr. Cox and Mr. Eden;
To acquaint them, That the Lords have agreed to the
said Bill, without any Amendment.
Viscount Boyne's Claim, Com ee to meet.
Ordered, That the Committee for Privileges to whom
the Petition of Gustavus Viscount Boyne, praying,
"That his Right to vote at the Election of Peers of
Ireland to sit in the Parliament of the United Kingdom may be admitted by their Lordships," stands
referred, do meet to consider of the said Claim on
Wednesday next.
Baal's Bridge Bill Specially reported.
The Earl of Shaftesbury reported from the Lords Committees appointed to consider of the Bill, intituled, "An
Act for the Improvement of the Shannon Navigation,
from the City of Limerick to Killaloe, by rebuilding
the Bridge called Baal's Bridge, in the said City;"
That the Committee had met, and considered the said
Bill, and, in the first place, proceeded to enquire how
far the Standing Orders of the House relative to
Navigation and Bridge Bills had been complied with,
and found that all the said Orders had been complied
with, except in the following Particulars; viz
t. 1st, That
no Notices of the Bill had been given in the County
Newspaper in the Months of August, September, October
or November; but Notice of the Bill was inserted in
the Limerick Chronicle Newspaper on the 16th, 19th and
23d of December last, and in the Limerick Evening
Post on the 18th, 22d and 29th of December last, (the
said Papers being published in the City of Limerick,
to which City the Bill relates;) and it appeared to the
Committee that the Consent of the Irish Government
to transfer the Management of the Shannon Navigation
from the Directors of the Inland Navigation to certain
Persons to be appointed by this Bill for that Purpose,
had not been obtained in sufficient Time to take earlier
Proceedings with regard to the said Notices; and also
that no Toll is to be taken on the Bridge, nor any
private Property to be interfered with; and that the
Improvement of the Navigation cannot be effected
whilst the old Bridge remains; and also that the
Directors General of Inland Navigation are aware of
the Necessity of such Improvement, but have not
Funds applicable to the Removal of the Bridge, and to
the Erection of another; and it was further proved to
the Committee that the House of Commons had, under
the said Circumstances, permitted the Parties to proceed
with their Bill; And, 2dly, That no Estimate of the
probable Time within which the Work proposed in the
Bill may be completed had been delivered in with the
Map and other Proofs deposited with the Clerk of the
Parliaments, as required by the Standing Order of the
House; but that such Estimate had been produced to
the Committee, and proved, by which it appeared that
the said Work may be completed in Two Years, unless
prevented by inevitable Accident; and that the Committee had gone through the Bill, and directed him
to report the same to their Lordships, without any
Amendment."
Which Report being read by the Clerk;
Ordered, That the said Report do lie on the Table.
Galway Canal Bill Specially reported.
The Earl of Shaftesbury reported from the Lords
Committees appointed to consider of the Bill, intituled,
"An Act for making and maintaining a Navigable Cut
or Canal from Lough Corrib to the Bay of Galway, and
for the Improvement of the Harbour of Galway;"
That the Committee had met, and considered the said
Bill, and, in the first place, proceeded to enquire how
far the Standing Orders of the House relative to Dock
and Canal Bills had been complied with, and found
that all the said Orders had been complied with, except
in the following Particular; viz
t. That no Estimate of
the probable Time within which the Work proposed in
the said Bill may be completed had been delivered in
with the Map and other Proofs deposited with the
Clerk of the Parliaments, as required by the Standing
Order of the House; but that such Estimate had been
produced to the Committee, and proved, by which it
appeared that the said Work may be completed in
Seven Years, unless prevented by inevitable Accident;
and that the Committee had gone through the Bill, and
directed him to report the same to their Lordships,
without any Amendment."
Which Report being read by the Clerk;
Ordered, That the said Report do lie on the Table.
Courtown Harbour Bill.
The Earl of Shaftesbury reported from the Lords
Committees, to whom the Bill, intituled, "An Act to
amend an Act passed in the Fifth Year of the Reign
of His present Majesty, for the completing the Harbour
of Courtown, near Brenogue Head, in the County of
Wexford," was committed; "That they had considered
the said Bill, and examined the Allegations thereof,
which were found to be true; and that the Committee
had gone through the Bill, and directed him to report
the same to the House, without any Amendment."
Dublin Improvement Bill.
The Earl of Shaftesbury made the like Report from
the Lords Committees, to whom the Bill, intituled, "An
Act to enable The Commissioners of Wide Streets to
widen and improve certain Ways, Streets and Passages
in and about the City and County of Dublin; and to
amend and extend the Provisions of Two Acts passed
in the Forty-seventh and Fifty-seventh Years of the
Reign of His late Majesty, for improving and rendering
more commodious such Parts of the County and County
of the City of Dublin as are situate on the South Side
of the River Anna Liffey and West of His Majesty's
Castle of Dublin," was committed.
Bayley's Divorce Bill, 2d Reading deferred, & Witnesses to attend.
It was moved, "That the Order made on the 29th Day
of May last, "That the Bill, intituled, "An Act to
dissolve the Marriage of James Bayley Esquire with
Louisa his Wife, and to enable him to marry again; and
for other Purposes," be read a Second Time on Monday
the 14th of June next; and that Counsel be then
heard for and against the same; and that the Lords be
summoned," be now read."
The same was accordingly read by the Clerk.
Ordered, That the said Order be discharged.
Ordered, That the said Bill be read a Second Time on
Wednesday next, and that Counsel be then heard for
and against the same; and that the Lords be summoned.
Ordered, That William Smith and Ann Mathieson do
attend this House on Wednesday next, in order to their
being examined as Witnesses upon the Second Reading
of the last-mentioned Bill.
Margate Pier Co's Account delivered.
The House being informed, "That Mr. Cobb, from the
Directors of the Margate Pier and Harbour Company,
attended;"
He was called in; and delivered at the Bar, pursuant
to the Directions of an Act of Parliament,
"An Account of the Receipt and Expenditure of
the Margate Pier and Harbour Company, from the
6th Day of April 1829 to the 6th Day of April 1830,
both Days inclusive."
And then he withdrew.
And the Title thereof being read by the Clerk;
Ordered, That the said Account do lie on the Table.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum
continuandum esse usque ad et in diem Jovis, decimum
diem instantis Junii, horâ decimâ Auroræ, Dominis sic
decernentibus.