House of Lords Journal Volume 63: 26 July 1831

Die Martis, 26°Julii 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Wynford sat Speaker by virtue of a former Commission.

Kinnaird'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 Hugh Kinnaird Esquire with Ann his now Wife, and to enable him to marry again; and for other Purposes;" and for the Lords to be summoned;

Counsel were accordingly called in.

Then Thomas Collier was called in; and having been sworn, was examined as follows:

(By Counsel.) "Are you acquainted with the Person of Mrs. Ann Kinnaird?"

"I am."

"Did you serve her with a Copy of the Order of the House for her Appearance here Yesterday, and also with a Copy of the Bill?"

"Yes; on the 15th July."

"Of this Month?"

"Yes."

"Where did you serve it?"

"5, Gate Street, Lincoln's Inn Fields."

"Did you see Mrs. Kinnaird?"

"I did."

"And delivered to her a Copy of the Bill and Order of the House, which you now produce?"

"I did."

(By a Lord.) "What did she say?"

"She said she should not offer any Opposition to the Bill."

"Who was she living with?"

"She was living at a Cowkeeper's."

"With whom?"

"I do not know with whom. Evans was the Man's Name."

"Was it a Man or a Woman?"

"A Man."

"Where did you say it was?"

"5, Gate Street, Lincoln's Inn Fields."

"Was she lodging there?"

"She was lodging there, on the First Floor."

"And you have no Means of knowing whether any body was living with her?"

"I have not."

(By Counsel.) "I will just ask the Witness if he knows whether Evans is a married Man?"

"I am not aware of it; but on going into the House I observed a Woman and Two or Three Children."

"Did she appear to be the Mistress of the House?"

"Yes, she did; for she answered the Door at my Entry."

The Witness was directed to withdraw.

Then John Gunn was called in; and having been sworn, was examined as follows:

(By Counsel.) "Where do you reside now?"

"In Bishopsgate Street."

"What are you by Business?"

"A Wine Cooper."

"Do you know Mr. and Mrs. Kinnaird?"

"I do."

"Do you recollect their residing in St. Alban's Street, Windsor?"

"Perfectly."

"When did they go to reside there?"

"In the Year 1823, I think, to the best of my Recollection."

"Did you, in the Month of February following, go into the Service of His late Majesty George the Fourth?"

"I did."

"What was your Occupation?"

"Night Porter."

"Where did you live?"

"Part of the Time I lived at Mr. Kinnaird's."

"Are you any Relation of his?"

"A Nephew of his."

"What Part of the Twenty-four Hours were you engaged in your Duty?"

"Chiefly from Ten at Night until Eight o'Clock the next Morning."

"Did your Duty require you to remain up the best Part of the Night?"

"It did."

"Did you take your Rest in the Day-time?"

"I did."

"Where did you go to sleep in the Day-time?"

"In a Room close by the Drawing-room as you may term it, which lay between the Parlour and the Front Room looking on to the Castle Hill."

"In Mr. Kinnaird's House?"

"Yes."

"When did you usually go Home for the Purpose of taking Rest?"

"It might be Nine o'Clock some Mornings, or Ten or Eleven, and sometimes not 'till the Afternoon."

"During the Time you were so left at Mr. Kinnaird's, did his Duty take him out principally in the Day-time in Attendance on The King?"

"It did generally in the Day-time."

"Do you know a Person of the Name of Henry Bailey?"

"I know a Person of the Name of Bailey."

"Do you recollect one Day going Home to your Rest, when any thing passed between you and Mrs. Kinnaird in particular?"

"Sometimes Words passed between me and her in respect to Bailey, but what it was at the present Moment I do not recollect."

"Do you recollect any Occasion when she wished you to go into your Room?"

"Yes, I do. She told me I had better go to Bed, as she was certain I must be tired; which was a very uncommon Thing for her to say."

"Did it happen that you had any thing to do for your Uncle Kinnaird which prevented you from immediately going to Bed?"

"Not any thing."

"Do you recollect an Occasion when such a Thing did occur, that you did not go to Bed immediately on being told?"

"Not as to Bailey."

"But as to any Person; was there any Occasion when you did not go to Bed immediately on being told?"

"There was."

"What was the Occasion of your not going to Bed?"

"My Suspicions were aroused on something that I thought not altogether right."

"Did she say any thing to you when she found you were not gone to Bed?"

"She did not."

"Then you did go to Bed?"

"I did."

"Did you hear any thing afterwards in the adjoining Apartment or any other?"

"Not to my Recollection."

"Not any shutting of Doors, or any walking about?"

"No."

"Do you recollect what you have heard?"

"At the present Moment I cannot recollect any thing of the kind."

"Do you know a Person of the Name of Roberts?"

"I know him by seeing him."

"Have you ever seen him with Mrs. Kinnaird?"

"No, I have not seen him; but I have been told-"

"Did you ever see them at the Porter's Lodge together?"

"No, not, excepting one instance."

"Then you have seen them?"

"Yes."

"Where were they at the Time?"

"In the Porter's Lodge at Windsor Castle."

"Did you use frequently to call at the Porter's Lodge?"

"Very frequently, in the Course of the Day."

"Have you seen Mrs. Kinnaird and Roberts together more than once at the Porter's Lodge?"

"I cannot charge my Memory with that; but I can swear I have seen them there."

"Have you ever been so in their Company on any Occasion as to have heard the Subject of their Conversation - their Language?"

"Yes; there was some Language passed at the Time."

"What sort of Language did you hear pass between them?"

"What was not fit for a married Female to utter to any Man she knew nothing about."

"Was it indecent familiar Language?"

"It was rather familiar."

"Did that pass from her to him only, or from him to her also?"

"It was more on her Side than his."

"Do you recollect on one Occasion going to the Lodge when Wright the Porter and his Daughter were not there?"

"I have frequently been there when the Daughter was gone somewhere else, and he minding his Duty outside."

"Have you ever looked into the Porter's Lodge and observed who was there?"

"Yes, I have."

"Have you ever seen Mrs. Kinnaird and Roberts there?"

"Mrs. Kinnaird and Roberts, to the best of my Belief."

"Was any body else there, as far as you saw, at that Moment?"

"I don't think there was."

"Did you on any Occasion see Signals made from one to the other?"

"I cannot say that I have."

"Nodding, or any thing of that sort?"

"I might see a Wink pass, or something of that kind."

"Tell us what you have seen?"

"I cannot charge my Memory with what I have seen."

"In consequence of what you did see, did you make any Communication to Mr. Kinnaird on the Subject?"

"Certainly, I did."

"Do you remember when the Communication was made?"

"It was shortly before the Separation of Mr. and Mrs. Kinnaird took place."

"In what Year?"

"1825."

"What Part of the Year was it?"

"Shortly after Ascot Races."

"How soon after you made that Communication had you Reason to know that Mr. and Mrs. Kinnaird were separated?"

"I know they were separated on the 8th November in the same Year."

"How shortly before was it that you made the Communication?"

"It could not be a great length of Time."

"Tell us how long?"

"It might be Five or Six Weeks."

"You stated to him your Suspicions?"

"Yes, I did."

"To lead him to Inquiry?"

"Certainly; I thought it my Duty to do so."

"Did you ever see Mrs. Kinnaird receive Visits from other Persons besides Roberts?"

"Yes, I have."

"What were their Names?"

"A Person of the Name of Swain."

"Any other Name can you give me?"

"There was another Person whose Name I do not exactly recollect at present."

"Was it Colney?"

"Yes; an Irishman."

"I must call to your Recollection what you have stated in the Ecclesiastical Court. Do you remember any Occasion when any Conversation took place between you and Mrs. Kinnaird respecting your not going to Bed so soon as she expected, when you had some Business to do for your Uncle, or had your Suspicions alive?"

"I cannot exactly remember what it was."

"But as near as you can?"

"It might perhaps be to bottle off some Ale or Porter."

"You did not go to Bed so soon as she expected?"

"I did not."

"Tell us what passed after you came back from down Stairs, or wherever you were, and went into your Room. Did you see Mrs. Kinnaird, or hear any thing, after you got there?"

"I heard Footsteps there; as to any thing else I cannot charge my Memory with it; it was something resembling Footsteps - more like that than any thing else."

"Do you believe them to have been Footsteps?"

"To the best of my Belief I do."

"Tell me where the Noise proceeded from?"

"Between the Drawing-room and the Parlour. The Room I slept in lay between these Two Rooms."

"Where they the Footsteps of One Person, or more than One?"

"More than One, it must have been."

"Was Mr. Kinnaird at that Time at Home?"

"To the best of my Belief he was not. He was not at Home when I went to Bed."

"Was there any other Person in the House except Mrs. Kinnaird at that Time?"

"Not that had any Business in these Rooms."

"Were there any other Persons in the House?"

"Yes, in the House, but no Person who had any Business in these Rooms."

(By a Lord.) "When did you first mention to Mr. Kinnaird that you suspected any thing wrong?"

"It might be Five or Six Weeks before the Separation took place."

"Was that the first Time you ever mentioned it?"

"Yes, it was."

The Witness was directed to withdraw.

Then Sarah Clarke was called in; and having been sworn, was examined as follows:

(By Counsel.) "You mentioned that Mr. and Mrs. Kinnaird resided at Windsor?"

"Yes."

"Was that at No. 1, St. Alban's Street?"

"Yes."

"Did you at that Time know a Person of the Name of Bailey?"

"Yes."

"Do you know his Christian Name?"

"I do not."

"Was he living in the Neighbourhood, or where?"

"I believe he was living in North Place at that Time."

"Was he also in His late Majesty's Employment?"

"Yes; in the Silver Scullery, I believe."

"Did you ever see him in Mr. and Mrs. Kinnaird's Apartments?"

"Yes."

"Was that during the Absence of Mr. Kinnaird, or not?"

"Yes; during the Absence of Mr. Kinnaird."

"Did that happen more than Once?"

"I have seen him there more than Once."

"In the Absence of Mr. Kinnaird?"

"Yes."

"Was Mrs. Kinnaird at Home at that Time?"

"Yes, she was."

"Was any body else with her?"

"Only those Two, when I first saw them."

"Have you seen them together, without any other Person being present, on more Occasions than One?"

"I cannot exactly say; but I remember this One."

"Tell us the particular Occasion you are alluding to?"

"At the Time that I particularly noticed them, Mrs. Kinnaird and Mr. Bailey were in the Kitchen when I first saw them; after that I saw him go into the Bed-room of Mr. Kinnaird, and I saw Mrs. Kinnaird pass through the Door."

"You saw both of them?"

"Yes; I saw them go in at the Door."

"Into the Bed-room of Mr. and Mrs. Kinnaird?"

"Yes."

"Mr. Kinnaird was not at Home?"

"No."

"Do you know John Gunn, the Nephew of Mr. Kinnaird?"

"Yes."

"Do you recollect whether he came in or happened to be there on that Occasion?"

"He came in at the Time that Bailey was there; Mrs. Kinnaird shut the Kitchen Door, and went into the Lobby, to speak to John Gunn."

"Do you recollect what she said to John Gunn?"

"She pressed him to go to Bed; he used to lay down in the Day-time, being on Duty at Night."

"She persuaded him to go to Bed?"

"Yes."

"Did he, or not, go to Bed immediately?"

"He did not; he went down Stairs; he said his Uncle had left him something to do, and he could not go to Bed immediately."

"Did Mrs. Kinnaird say any thing more on that?"

"I do not recollect any thing more."

"When he went down Stairs, and left Mrs. Kinnaird in the Lobby, where did she go?"

"She returned into the Kitchen."

"Was she there alone, or was Bailey with her?"

"Bailey was either in the Kitchen or the Bed-room; but I cannot say, for at that Time the Door was shut."

"While Gunn was down Stairs did you take any particular Notice of what Mrs. Kinnaird was doing or had done?"

"Mrs. Kinnaird went into the Kitchen, and I went into the Wash-house under Mr. Kinnaird's Bedroom."

"Immediately under?"

"Yes."

"Was your Attention then called to any particular Circumstance or Noise?"

"Seeing what I did, I could not avoid feeling uncomfortable; therefore my Attention was taken."

"Tell us what you noticed?"

"When I went into the Wash-house under the Bedroom, I heard the Voices of Two People talking, and I heard Boots or Shoes creaking."

"Was that in the Bed-room immediately over where you were?"

"Yes; and when I looked out at the Wash-house Door, I saw the Blind hastily drawn down, but by whom I cannot say."

"What happened next after the Blind was drawn down?"

"I came up Stairs again."

"On coming up Stairs did you meet Mrs. Kinnaird, or how soon after did you see Mrs. Kinnaird?"

"Some Time after I saw Mrs. Kinnaird; after Gunn was gone to lay down."

"Did you take any particular Notice of her Appearance or Manner?"

"I remonstrated on her having a Man in her Bedroom, when Mr. Kinnaird was not there."

"From her Manner and Appearance, could you say whether she was confused or not?"

"She was very much irritated; she trembled so that she could not speak plain. She was very much irritated."

"What Answer did she make when you remonstrated; what did she say to you?"

"I really do not recollect now."

"What did she say?"

"I believe she said she had not had a Man there."

"Can you state any particular Expression she used?"

"I believe she said it was a Lie, or to that Purport."

"Upon her saying it was a Lie or something of that kind, did you repeat the Remonstrance, or what did you say to her?"

"I said I was certain there was, for I saw one."

"Did you ask her who the Man was?"

"I asked her who he was, and she would not tell me who he was."

"Did she ever admit that there was a Man there?"

"She did not say to me there was; but I saw the Man myself; and I saw him come out, and I met him on the Stairs going away."

"Do you know the Man?"

"Yes."

"Did you after at any Time mention the Man's Name to her?"

"Yes."

"What did she say then?"

"She said that Mr. Kinnaird was no Use to her, and that she must have some one, or to that Purport."

"Are you clear that that is what passed?"

"I am certain she said that, as clear as possible."

"How long did these Two People remain together?"

"From the first when I saw them, until he was going out, I think it was Three Quarters of an Hour; it might be nearer an Hour, but I cannot say exactly."

"At the Time Gunn went to Bed, do you recollect whether the Doors of his Room were shut, and if so, by whom?"

"The Doors were shut by Mrs. Kinnaird; she shut the Doors."

"You saw her?"

"I saw her come out, and shut them."

"There is a Door at each End of the Room; it is a sort of Passage Room?"

"Yes."

"She shut both the Doors?"

"Yes."

"Do you happen to know Sergeant Roberts, of the Guards?"

"I did know him at that Time by Sight, but nothing more."

"Was he quartered at Windsor in 1825?"

"Yes."

(By a Lord.) "When was it you first saw Bailey with her; do you recollect what Time of the Year?"

"It was the latter End of the Year."

"Of what Year?"

"I cannot possibly say."

"Was it in 1823; do you recollect the Year?"

"I cannot possibly say."

"How long was it before Mr. and Mrs. Kinnaird separated?"

"On the 8th November 1825 Mrs. Kinnaird left Mr. Kinnaird's House."

"How long was it before that that this happened?"

"It was some Time."

"Was it a Year, or Two?"

"I cannot positively say."

"Was it a Month, or Two or Three Months?"

"It was longer than that; but I cannot say, for I was very much irritated at the Time."

(By Counsel.) "Do you recollect when you went to reside there?"

"We went there about Three Weeks before Mr. Kinnaird came; he came in November 1823, I think, near the 20th or 23d."

"How soon after you went there did this occur; was it a Week or a Month?"

"As near as I can tell, it was at the latter End of the Year, and as near a Twelvemonth as I can recollect."

"Before the Separation, do you mean?"

"Yes."

"Did you ever see Mrs. Kinnaird in company with Sergeant Roberts?"

"I have seen her at the front Door talking to Sergeant Roberts, and have seen her at the Windows kissing Hands and making different Motions to him when he was on Duty at the Guard-room."

"Do you of your own Knowledge know of her ever sending any thing to him?"

"Yes."

"How do you know it?"

"I have seen the Servant taking it; and she has said to me, I am going to take Sergeant Roberts's Lunch."

"What has Mrs. Kinnaird said?"

"She has told me that she had sent Sergeant Roberts his Lunch; and has said, if you look out you will see him eating it at the Gateway."

"Who said so?"

"Mrs. Kinnaird."

"Has that happened more than once?"

"Yes; I think I can say I recollect Three Times."

"Have you ever heard Mrs. Kinnaird talk of Sergeant Roberts on these Occasions?"

"Yes; I heard her say he was a very nice Man, and he had seen better Days."

"Do you happen to recollect a travelling Jeweller being at Windsor at any Time?"

"Yes; of the Name of Slessinger."

"About what Time was this; was it before or after the Time you have spoken of as to Sergeant Roberts and Bailey?"

"After that."

"When was this as to Roberts?"

"Between Bailey and Slessinger."

"Was Slessinger to your Knowledge acquainted with Mrs. Kinnaird?"

"I have seen them talking together."

"Did he ever come to the Apartments of Mr. and Mrs. Kinnaird?"

"Yes."

"When Mr. Kinnaird was absent or at Home?"

"I have seen him there several Times in the Absence of Mr. Kinnaird."

"Did he remain any considerable Time there, and how long, on these Occasions?"

"Sometimes he might be there a Quarter of an Hour or Ten Minutes; I do not recollect his ever being longer at a Time."

"Have you ever known them to be together without any other Person being present?"

"Yes."

"In what Room?"

"In the Sitting-room in front; and I have seen them in the Kitchen."

"Is there a Sofa in that Sitting-room?"

"Yes."

"What sort of Language have you heard them use one to another, if any?"

"The Language is what I cannot repeat."

"Was it decent or indecent?"

"It was highly indecent; very much so. I cannot repeat it."

"Have you ever yourself noticed any particular Appearance of the Sofa?"

"Yes; I have told Mrs. Kinnaird of it."

"Was that when Slessinger had been there, or not?"

"It was after he was gone. Mrs. Kinnaird used to call me Aunt; and she would say, Come into the Front Room, for I want to talk to you."

"What did she say to you?"

"I said to her, Mrs. Kinnaird, how you have tumbled the Sofa; will not the Chairs do for you? and she said, No; the only Fault is, the Sofa is too short."

"Did Mrs. Kinnaird enter into more Particulars relative to what had passed?"

"I do not recollect any thing more."

"What else did she say?"

"She repeated the same as she had said before, that Mr. Kinnaird was of no Use to her, and that she must have some one else."

"Had Mrs. Kinnaird at that Time a Servant of the Name of Elizabeth?"

"Yes; Elizabeth Saw."

"Did Mrs. Kinnaird at any Time put any Question to you relative to Elizabeth's Interference?"

"Elizabeth opened the Door once, and went in without knocking. Mrs. Kinnaird said to me, Is it not a Shame that any Servant or Girl should come in without knocking?"

"Do you recollect whether any Person had recently been with Mrs. Kinnaird at that Time?"

"I cannot recollect."

"Subsequent to this Transaction, or while it was going on, did you ever remonstrate with Mrs. Kinnaird?"

"Yes, at different Times; I have often tried to turn her."

"Did you ever mention it to Mr. Kinnaird?"

"No."

"Do you recollect the Time when Mrs. Kinnaird left Windsor?"

"On the 8th November 1825."

"Do you know in consequence of what she left Windsor?"

"Mr. Kinnaird and she had a Fall-out; but I did not go into the Room."

"Do you know whether she left Windsor of her own Accord, or in consequence of any thing taking place between her and her Husband?"

"I cannot tell."

"Did you see Mr. Kinnaird shortly after that?"

"Yes."

"I do not ask you what, but did you have any Conversation with him on the Subject of what had recently passed?"

"I never said any thing to Mr. Kinnaird until this Time."

"Not until the 8th November?"

"I said nothing to Mr. Kinnaird about it."

"Did he appear in Trouble when his Wife went away?"

"Very much so. That Morning I asked him to come and take a Cup of Tea, and he was so dreadfully bad he could not."

"Do you know whether Mrs. Kinnaird was, before she left her Husband, in Possession of any Trinkets?"

"I know that she was on the Morning she left Mr. Kinnaird, for I saw her take them out of her Pocket. She showed me what she had got; she had Gold Pins and Brooches, and a Ring or Two, but I cannot exactly say how many."

"Had she any Clothes with her?"

"A great deal of Clothes, and very good."

"Did she take the Trinkets and Clothes with her?"

"She took the Trinkets in her Pocket with her Money."

"Were these such Articles as Slessinger dealt in?"

"I don't think he dealt in such good Articles as Mrs. Kinnaird had in her Pocket."

(By a Lord.) "Are you related to either of these Parties?"

"No Relative, my Lord."

"You are the Mistress of the House?"

"No, I am not the Mistress of the House. It was a House that King George put His Servants in, after George the Third died. My Husband was in His Service for Twenty-five Years."

"You were lodging in the House?"

"The House was given to us when we were turned out of our Apartments. We all lodged in the same House; I was on the same Floor. When my Sittingroom Door was open, I could see through into Mr. Kinnaird's Bed-room."

"You, as a decent married Woman, must have highly disapproved of these Things?"

"I have been very unhappy about it."

"Did you not think it your Duty to mention this to Mr. Kinnaird?"

"I did not know what to do."

"Did you mention it to your Husband?"

"I did."

"He was a Domestic of The King?"

"Of King George the Third."

"You knew of this going on, and this Woman talking in this most scandalous Way, for above a Year before she went away? When did you first tell your Husband about it?"

"The very Day, when he came Home in the Evening; and I talked to her very much, in Hopes that she would be better."

"You told your Husband of it, you are sure?"

"I am."

"Is your Husband here?"

"No."

"Where is he?"

"He is at Windsor."

"Were you not disgusted at this Conduct; and how came you, a decent married Woman, to hold any further Conversation with such a Person as this?"

"I did it hoping she would be better; she always said she would."

"After she had continued to hold this indecent Language, how could you entertain the least Hope of her being any better? You swear that you never told Mr. Kinnaird of it?"

"No."

The Witness was directed to withdraw.

Then The Reverend Wilfred Speer was called in; and having been sworn, was examined as follows:

(By Counsel.) "Are you the Officiating Minister at the Parish of Saint Margaret's, Westminster?"

"I am."

"Do you produce the Register Book of the Marriages of that Parish?"

"I do."

"Do you find any Marriage between Hugh Kinnaird and Ann Searson?"

"I do."

"Will you read the Entry?"

"Page 240.

"Marriages solemnized in the Parish of Saint Margaret, Westminster, in the County of Middlesex, in the Year 1816. Hugh Kinnaird of this Parish, Widower, and Ann Searson of this Parish, Widow, were married in this Church, by Banns, this 23d Day of September in the Year One thousand eight hundred and sixteen.

"By me, William Groves Curate.

"This Marriage was solemnized between us,

"H. Kinnaird.

"Ann Searson.

"In the Presence of,

"The + Mark of Maria Kinnaird.

"John Roy."

The Witness was directed to withdraw.

Then Elizabeth Saw was called in; and having been sworn, was examined as follows:

(By Counsel.) "Were you a Servant with Mr. and Mrs. Mills of Windsor?"

"Yes."

"How long ago?"

"The Year 1825."

"At what Time of the Year did you go into Mr.Mills's Service?"

"In June."

"What Servant were you?"

"A Servant of all Work."

"Did Mr. and Mrs. Kinnaird live in the same House with Mr. and Mrs. Mills at that Time?"

"Yes."

"What Part of the House did Mr. and Mrs. Kinnaird occupy?"

"The lower Part."

"Who occupied the One Pair of Stairs?"

"Mr. and Mrs. Kinnaird, and Mr. and Mrs. Clarke."

"Do you recollect a Sergeant of the Guards of the Name of Roberts?"

"Yes."

"Do you know his Christian Name?"

"No."

"Did you ever hear Mrs. Kinnaird call to him?"

"No."

"Did you ever see him and Mrs. Kinnaird in Sight of one another?"

"Yes."

"Where?"

"Mrs. Kinnaird has been at the Window, and Mr. Roberts has been in the Castle Yard."

"Did you see either of them take any Notice of the other?"

"Yes."

"What?"

"Nod to each other."

"Both of them?"

"Yes; I did not see Mrs. Kinnaird nod, because I was down Stairs, under Mrs. Kinnaird's Room."

"When you have seen Roberts before the House, and nod to Mrs. Kinnaird, did she remain at Home after that, or go out?"

"Go out."

"How long did she remain out?"

"Sometimes a long Time."

"Was it Once, or more than Once, you have seen that?"

"More than Once."

"Do you recollect at any Time Mrs. Kinnaird's Bell being rung?"

"Yes."

"When was that?"

"Sometimes in the Afternoon, and sometimes in the Evening."

"Did you ever see Sergeant Roberts at the Door after the Bell had been rung?"

"Once."

"Did you go to the Door?"

"No."

"Who did go to the Door?"

"The Servant, Ann Slark."

"Who was at the Door?"

"I did not see any one, except Sergeant Roberts, standing by the Door."

"Did Sergeant Roberts go away, or come into the House, on that Occasion?"

"He did not come in."

"Do you recollect on any Occasion, Mrs. Kinnaird herself going to open the Door?"

"Once she did."

"Who was at the Door then?"

"This Sergeant Roberts."

"On that Occasion, did he come in or go away?"

"Go away."

"Do you recollect any Occasion on which he came into the House?"

"No."

"On those Occasions, did she go away with him, or return into the House?"

"Return into the House, and go out shortly afterwards."

"I believe you were taken ill?"

"Yes."

"You did not stay very long?"

"No."

"While you were there, did you see any other Person come to see Mrs. Kinnaird?"

"Yes."

"Who was that?"

"A Person of the Name of Slessinger, a German."

"How often did he come?"

"Sometimes Two or Three Times a Day."

"Did he come while Mr. Kinnaird was at Home, or when he was absent?"

"When he was absent."

"Do you recollect ever going into the Room without knocking?"

"Yes."

"You opened the Door?"

"Yes."

"Who was in the Room when you opened the Door?"

"Mr. Slessinger and Mrs. Kinnaird."

"Where were they when you saw them?"

"On the Sofa."

"Were they sitting apart or together?"

"Together."

"Did any thing attract your Attention as to the Mode in which they were sitting together?"

"Yes."

"What was it?"

"The very indecent Manner."

"Did you retire from the Room?"

"Yes."

"Did you see Mrs. Kinnaird soon after?"

"Yes."

"Did she say any thing to you about your going into the Room?"

"She was angry with me for going in."

"Do you recollect what she said?"

"She abused me."

"Did you go into the Room after this?"

"Not at that Time."

"In the Course of that Day?"

"Yes."

"Had you an Opportunity of seeing the State in which the Sofa was?"

"Yes."

"In what State was it?"

"It was tumbled."

"Have you seen it tumbled on more Occasions than One, when Mr. Slessinger has been there?"

"Yes."

"After he was gone away?"

"Yes."

"How long has he sometimes staid with Mrs. Kinnaird?"

"Three or Four Hours together."

"After he was gone, did Mrs. Kinnaird make any Alteration in her Dress, or alter her Garments?"

"Yes."

"Where did she go for that Purpose?"

"To her Bed-room."

"Had the Sofa Furniture?"

"Yes."

"Was that always remaining upon the Sofa after Mr. Slessinger had been there?"

"Yes."

"In what State was it, smooth or otherwise?"

"It was unsmooth after Mr. Slessinger had been there; but smooth before, and tumbled afterwards."

"Do you know what Mr. Slessinger dealt in?"

"In Jewellery."

"Have you seen the Articles he dealt in?"

"Yes."

"Do you know whether he travelled about the Country?"

"I do not know."

"Have you seen the Articles he dealt in in Mrs. Kinnaird's Possession?"

"Yes."

"What Articles?"

"Watches, Ear-rings, and Brooches."

"Have you ever learned from Mrs. Kinnaird where she got them?"

"Yes; from Mr. Slessinger."

"Where did she keep those Articles of Jewellery?"

"In her Drawers."

"In a certain Drawer?"

"Yes."

"Did she give you at any Times any Directions about the Key of that Drawer?"

"Yes."

"What were they?"

"She told me I was never to tell where they were; that they were hid in a certain Drawer."

"Then if you saw the Key in the Drawer, what were you to do?"

"Never to touch it."

"Can you recollect any particular Expressions she used to you when you say she abused you for going into her Room?"

"Yes."

"What did she say?"

"She called me very indecent Names."

"Did she say what she would do to you if you did it again?"

"Yes; she said she would kill me - break my Neck."

(By a Lord.) "You were a Servant of this Family?"

"Yes."

"How long was this going on?"

"All the Time I was in her Service."

"How long was that?"

"I was in the House between Four and Five Months."

"She abused you, and said she would break your Neck if you ever came into the Room again without knocking?"

"Yes."

"How came you to leave her Service?"

"I was ill."

"Did you never mention this to Mr. Kinnaird?"

"Not 'till I had left."

"When did you mention it to him?"

"When we were first called upon the Occasion."

"Was that after Mrs. Kinnaird had left him?"

"Yes."

"Were those Trinkets and Watches ever shown to him?"

"I never knew that they were."

"How came it that you, a decent young Woman, should see this, and not mention it to her Husband?"

"Because I was threatened."

"Did your Parents live near Windsor?"

"About Twelve Miles off."

"Did you ever complain to your Parents that you were living in an improper House?"

"Yes."

"When was that?"

"When I went Home ill."

"During the whole Three or Four Months it was going on, you never complained to any Person?"

"I was not in Mrs. Kinnaird's Service all the Time; but in the House altogether that Time."

"You must have thought it very improper?"

"I did."

"And yet you never mentioned it to any body?"

"No."

"What were they doing on the Sofa?"

"I saw Mr. Slessinger and Mrs. Kinnaird, in a very indecent Way, sitting on the Sofa."

"Were they sitting Side by Side?"

"No; she was on Mr. Slessinger's Knee."

"And you never mentioned it to any body?"

"No."

"Remember, you are upon your Oath! Had you any young Woman you were acquainted with there?"

"Yes."

"Do you mean to say you did not mention it to that Person?"

"I mentioned it to Ann Slark, but to no one else."

"You suffered this to go on for several Months, and never mentioned it to Mr. Kinnaird?"

"No."

"Was not this going on openly and notoriously the whole Time you were there?"

"I could not tell that."

"When did you first see it?"

"In the Month of August 1825."

"Did you leave before November?"

"Yes."

"You left before Mrs. Kinnaird went away?"

"Yes."

"That went on during the whole Time you remained there?"

"Yes."

"Did you get a Character from him for your next Place?"

"Mr. Kinnaird got me another Place."

"When did Mr. Kinnaird get you another Place?"

"After I recovered from my Illness."

"That was after the Discovery?"

"Yes, it was."

"How long after?"

"In the February following."

The Witness was directed to withdraw.

Then Frances Richards was called in; and having been sworn, was examined as follows:

"Are you a married Woman?"

"I am."

"Is your Name Campbell?"

"No; that was my Name before I married."

"What is your present Name?"

"Richards."

"How long have you been married?"

"Three Years."

"Where have you lived during that Time?"

"I have lived in Walworth."

"How long have you lived in Walworth?"

"About Six Months."

"Where did you live Five or Six Years ago?"

"I lived in Regent's Park; Quebec Street."

"Did you ever live at No. 33, York Street, Westminster?"

"Yes, I did."

"Do you recollect when that was?"

"I think it was in the Year 1825, as nearly as I can remember."

"Did Mrs. Kinnaird lodge with you there at any Time?"

"Yes, she did."

"What Time in 1825?"

"It was in May."

"Do you recollect where Mrs. Kinnaird came from?"

"From Windsor."

"Did you know from that Woman that she had then left her Husband?"

"She told me so."

"On Recollection, can you say whether it was May 1825 or May 1826?"

"I cannot recollect."

"Was it Five Years ago, or Six Years ago?"

"I think it was Five Years ago."

"Did you, after this, remove to No. 3, Upper Quebec Street?"

"Yes."

"Did Mrs. Kinnaird lodge with you there?"

"Yes."

"Did you and Mrs. Kinnaird then go by your proper Names?"

"No; Mrs. Kinnaird did not, but I did."

"What was Mrs. Kinnaird called?"

"Mrs. Searson; and sometimes she called herself Spencer."

"How long did she lodge then with you?"

"About Four or Five Months."

"What Rooms had you?"

"Two."

"Had you a Bed in each?"

"No; only One Bed-room."

"Did you sleep together?"

"Yes."

"Was that always the Case?"

"Not always."

"On what Occasions did you not sleep together?"

"When Mrs. Kinnaird brought any Person Home I was obliged to sleep elsewhere; I was obliged to sleep out. That she was in the habit of doing."

"She was in the habit of bringing different Persons Home?"

"Yes."

"Male or Female?"

"Male."

"Do you know where she went to lodge after she left your Lodging?"

"At Mr. Edward Carman's, an Ironmonger in Regent Street; she has left that."

"When did she leave that?"

"She has left some Months."

"How long did she live as Servant at Mr. Carman's?"

"Nearly Two Years."

"Have you ever heard her speak of any Proceeding in the Ecclesiastical Court against her?"

"Yes."

"What have you heard her say?"

"I have heard her say, several Times, that she hoped Mr. Kinnaird would gain the Divorce against her; that she did not wish to live with him."

"Did she give any Reason why she did not wish to live with him?"

"Several Times speaking against him."

"Do you recollect any particular Reason?"

"Reasons which it would not be fit for me to repeat here."

"In what she said with reference to not wishing to live with Mr. Kinnaird, did she express to him any good Feeling or any ill Feeling?"

"Ill Feeling."

The Counsel stated, "That he did not feel it necessary to proceed further with the Examination of this Witness."

The Witness was directed to withdraw.

The Counsel was informed, "That it appeared to their Lordships desirable that the Husband of Mrs. Clarke should be called; and that he should prove that the Damages had been recovered, or a Reason given for their Non-recovery."

The Counsel stated, "That the Defendant being a Sergeant, with only his Pay, there had been no Means of recovering the Damages."

The Counsel was asked, "Whether Execution had been issued?"

The Counsel stated, "That there had not."

The Counsel was asked, "Whether they were prepared with Evidence to prove the Conduct of Mrs. Kinnaird, and the sort of Woman she was, previous to her Marriage?"

The Counsel stated, "That if Time was allowed he should be prepared with the Attendance of the Husband of Mrs. Clarke, and to prove the Reasons why no further Steps had been taken to procure Payment of the Damages."

The Counsel were directed to withdraw.

Ordered, That the further Consideration and Second Reading of the said Bill be put off to Monday next; and that the Lords be summoned.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Le Fevre'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 Samuel Le Fevre Esquire with Mary his now Wife, and to enable him to marry again; and for other Purposes;" and for the Lords to be summoned;

Counsel were accordingly called in.

Then Thomas Salter was called in; and having been sworn, was examined as follows:

(By Counsel.) "In April 1830 were you a Waiter at the Swan Hotel, at Westminster Bridge?"

"I was a Porter there."

"Did you know Mrs. Le Fevre?"

"Yes."

"Did she come there in the Month of April?"

"She did."

"Do you know what Day of the Month?"

"On the 27th."

"Do you know where she came from?"

"From Scrivener's Hotel."

"Did you bring any of her Luggage from thence?"

"I did."

"Did she have Two Rooms at the Hotel?"

"She did; Bed-room and Sitting-room."

"What were their Numbers?"

"Number 13, the Bed-room, and 14, the Sittingroom."

"Did they communicate with each other?"

"Yes; they were joining each other."

"Did you know Mr. Winnington?"

"I did."

"Did Mr. Winnington come there on that Night?"

"No, not as I saw."

"Did he on the following Night?"

"He did."

"At what Time did he arrive?"

"I think about Eleven o'Clock at Night."

"Were you expecting him at the Time?"

"They were expecting him; but I did not know what Time."

"Do you know where Mr. Winnington slept that Night; in what Room he slept?"

"No. 12."

"At the Time that he came, do you know whether Mrs. Le Fevre was up or not?"

"She was."

"In what State was Mr. Winnington that Night?"

"He appeared rather intoxicated; apparently he was so."

"Did you see Mr. Winnington again on the Day after that?"

"I saw him in the Morning following."

"Was that the Morning of the 29th?"

"It was the Morning of the 29th of April."

"At what Time in the Morning?"

"About Six o'Clock."

"Where did you see him?"

"From the Watercloset; from a borrowed Light in the Watercloset."

"Is No. 12 the Room adjoining the Watercloset?"

"Yes."

"Is the borrowed Light between the Watercloset and No. 12?"

"Yes, to show Light into the Watercloset."

"Do you look after the Water which is introduced into that Closet?"

"I do."

"Do you recollect, on the Occasion you have mentioned, your going to see the State of that Water?"

"Yes."

"Did you use a Ladder for that Purpose?"

"Yes; I was obliged to use a Pair of Steps."

"Did you see into the adjoining Room, No. 12, in consequence of that?"

"Yes; when I am mounting the Steps I can look into No. 12."

"Who were in No. 12?"

"Mrs. Le Fevre and Mr. Winnington."

"Where were they?"

"In Bed."

(By a Lord.) "How did you know Mrs. Le Fevre before she came to the House?"

"Mrs. Le Fevre was at the Swan Hotel Two Years before that."

"With her Husband?"

"No; - and Mr. Winnington used to pay her a Visit then, but I never saw any thing particular then."

"Where was she living then?"

"She only came there with a Female Servant and the Coachman, in the Year 1828."

"How long did she remain there?"

"About a Fortnight; she left on the 29th of October."

"How did you know she was Mrs. Le Fevre?"

"I did not know; only they said that she was Mrs. Le Fevre."

"Where did she come from?"

"From Southampton."

"Did Mr. Le Fevre come with her?"

"I never saw him there."

"Was Mr. Winnington frequently with her there?"

"Yes."

"In the Evening?"

"Yes."

"How late used he to remain?"

"I do not know; for I generally went to Bed between Eleven and Twelve."

"Was the Female Servant you spoke of Parkman?"

"No."

"Have you ever seen her since?"

"No, I never have. I have heard that she is married since; but I never knew her since."

"Did he stay all Night in 1828?"

"I do not know. In 1830 he stopped the whole Night."

"Did he stop the whole Night in 1828?"

"I do not know."

"Did you ever see him late in 1828?"

"No; not after Twelve o'Clock."

"Did she and he sit in the same Room at that Time?"

"Yes."

"Was there a Sofa in the Room?"

"Yes, I believe there was."

"Did you ever make any Observations upon the State of the Sitting-room?"

"No, I never made any Observations at that Time."

(By Counsel.) "You have spoken of what you saw on the Morning of the 29th; were you in the same Situation on the Morning of the 30th?"

"Yes, I was."

"Did you see into the same Room again?"

"Yes."

"Who was in the Bed in the Room then?"

"Mrs. Le Fevre's Female Servant."

"Did you see Mr. Winnington in the House that Morning?"

"He was there that Night, and I saw him go out in the Morning; but he did not sleep in No. 12, as he did the Night before."

"Do you know whether the House was full on that Night?"

"Quite full."

"Do you know who slept that Night in the Room No. 13, where Mrs. Le Fevre slept?"

"I do not think any body could sleep there but Mr. Winnington and Mrs. Le Fevre, after I saw Mrs. Le Fevre's Female Servant in No. 12."

"Did Mrs. Le Fevre's Female Servant use, on other Occasions, to sleep with her?"

"I believe she did."

"Was there any other Room in the House in which Mr. Winnington could have slept?"

"No."

(By a Lord.) "Was Parkman along with her?"

"No."

"What was the Servant's Name?"

"I do not know her Name; but I should know her if I saw her."

(By Counsel.) "How long did Mrs. Le Fevre remain after this at the Swan Hotel?"

"She left on the Saturday, on the 1st of May. She came on the 27th, and left on the 1st of May."

"Do you know whether she went from that House of her own Accord, or whether your Master desired her to go?"

"My Master was under the Obligation of desiring her to go, for he had another Family coming into this Apartment; and not only that, but my Master did not approve of her Conduct."

"Do you know where she went?"

"She went back to Scrivener's Hotel."

The Witness was directed to withdraw.

The Counsel stated, "That the Petitioner was placed under some Difficulty in proving the Circumstances connected with the Action, by the Death of his former Attorney; but that he would prove that it would have been useless to have taken out Execution, in consequence of the Defendant having fled, and several Judgments unsatisfied remaining in the Office."

Then David Hill was called in; and having been sworn, was examined as follows:

(By Counsel.) "What is your Employment?"

"Clerk to Messieurs Jones and Ward."

"Are they London Agents?"

"They are."

"Have you searched in the proper Offices for Executions against Mr. Winnington?"

"I have."

"Did you find numerous Executions against him?"

"I found several."

"Can you tell me the Names of the Persons at whose Suit you found Judgments; do you recollect a Person of the Name of Collins?"

"Yes."

"Do you remember a Person of the Name of Cope?"

"Yes."

"Do you remember a Person of the Name of Burford?"

"Yes."

"Do you remember a Person of the Name of Cole?"

"Yes."

The Witness was directed to withdraw.

Then Henry Walker was again called in, and further examined as follows:

(By Counsel.) "Are you an Attorney?"

"I am."

"Did you make Inquiries of Mr. Collins, Mr. Cope, Mr. Burford and Mr. Cole, whether the Judgments which had been taken out by them had been satisfied or not?"

"I did make Inquiry either of them or at their Offices, and I learn that none of the Judgments are satisfied."

The Witness was directed to withdraw.

The Counsel was informed, "That it might be possible that, when the Evidence was printed, some Noble Lord might wish to propose a few Questions to the Petitioner; and that it would be necessary for him therefore to be in attendance on Monday next; but that the Witnesses were all discharged from further Attendance."

The Counsel was directed to withdraw.

Ordered, That the further Consideration and Second Reading of the said Bill be put off to Monday next; and that the Lords be summoned.

Huddersfield Road Bill.

A Message was brought from the House of Commons, by Mr. Strickland and others;

With a Bill, intituled, "An Act for improving and maintaining the Road from the South Side of a Bridge over the River Colne, called Engine Bridge, in the Township of Huddersfield, in the West Riding of the County of York, to Woodhead, in the County Palatine of Chester, and from thence to a Bridge over the River Mersey, called Enterclough Bridge, on the Confines of the County of Derby;" to which they desire the Concurrence of this House.

West India Docks Bill.

A Message was brought from the House of Commons, by Mr. Irving and others;

With a Bill, intituled, "An Act to consolidate and amend the several Acts for making the West India Docks;" to which they desire the Concurrence of this House.

Cirencester Roads Bill.

A Message was brought from the House of Commons, by Mr. Pelham and others;

With a Bill, intituled, "An Act for more effectually repairing and improving certain Roads leading to and from the Town of Cirencester, in the County of Gloucester, and Wootton Bassett, in the County of Wilts;" to which they desire the Concurrence of this House.

Lincoln County Buildings Bill.

A Message was brought from the House of Commons, by Mr. Pelham and others;

With a Bill, intituled, "An Act to enable the Justices of the Peace for the Three Divisions of the County of Lincoln to purchase the Site of Lincoln Castle; and to empower the Court of Gaol Sessions for the said County to maintain and support the Judges House, County Hall and Courts of Assize; and for other Purposes affecting the County at large;" to which they desire the Concurrence of this House.

Dundee Municipal Government Bill.

A Message was brought from the House of Commons, by Mr. Ross and others;

With a Bill, intituled, "An Act for extending the Royalty of the Burgh of Dundee, and for amending the Sett or Municipal Constitution of the said Burgh;" to which they desire the Concurrence of this House.

Drogheda Roads Bill.

A Message was brought from the House of Commons, by Mr. Corry and others;

With a Bill, intituled, "An Act for repairing and improving the Mail Coach Road through the County of Tyrone;" to which they desire the Concurrence of this House.

Dean Forest Roads Bill.

A Message was brought from the House of Commons, by Mr. Corry and others;

With a Bill, intituled, "An Act to continue and amend an Act for more effectually repairing several Roads in and through His Majesty's Forest of Dean, in the County of Gloucester; and to convert certain Highways in the Parishes of Staunton and Newland, in the said County, into Turnpike Roads;" to which they desire the Concurrence of this House.

Wisbech & Thorney Road Bill.

A Message was brought from the House of Commons, by Mr. Pelham and others;

With a Bill, intituled, "An Act for repairing the Road from the Town of Wisbech, in the Isle of Ely, in the County of Cambridge, to the Town of Thorney, in the same Isle and County;" to which they desire the Concurrence of this House.

The said Eight Bills were, severally, read the First Time.

The Queen's Annuity Bill.

A Message was brought from the House of Commons, by The Chancellor of the Exchequer and others;

With a Bill, intituled, "An Act for enabling His Majesty to make Provision for supporting the Royal Dignity of The Queen in case She shall survive His Majesty;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be read a Second Time on Thursday next.

Abergavenny Roads Bill.

A Message was brought from the House of Commons, by Mr. Pelham and others;

To return the Bill, intituled, "An Act for more effectually repairing certain Roads leading to and from the Town of Abergavenny, in the County of Monmouth; and for making and maintaining several new Branches of Road to communicate therewith;" and to acquaint this House, That they have agreed to their Lordships Amendment made thereto.

Ld. Sinclair's Estate Bill.

A Message was brought from the House of Commons, by Mr. Pelham and others;

To return the Bill, intituled, "An Act to empower the Judges of the Court of Session in Scotland to sell such Part of the Entailed Lands and Barony of West Nisbet, in the County of Berwick, now belonging to Charles Carre Lord Sinclair, as shall be sufficient for Payment of the Provisions, Debts and Incumbrances affecting the same;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Goodlake's Name Bill.

A Message was brought from the House of Commons, by Mr. Pelham and others;

To return the Bill, intituled, "An Act to enable John Surman Goodlake to take and use the Sirname of Surman, pursuant to the Provisions of the Will of John Surman, late of Swindon, in the County of Gloucester Gentleman, deceased;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Tithes, Petition from Stow, &c. for Commutation of.

Upon reading the Petition of the Inhabitants and Occupiers of Lands in the Parish of Stow, in the County of Lincoln, and of the several Townships of Sturton, Bransby and Normanby, in the said Parish of Stow, whose Names are thereunto subscribed; praying, "That their Lordships will pass a Law for the Commutation of Tithes:"

It is Ordered; That the said Petition do lie on the Table.

Slane Peerage, Petition of J. S. Fleming respecting.

Upon reading the Petition of James Stewart Fleming of Belville, in the County of Cavan, in Ireland, Esquire, late a Captain in His Majesty's Army; setting forth, That William Lord Baron of Slane, by Deed dated the 20th December 1638, settled and limited his Estates to himself for Life; then to his Heirs Male of his Body; then to his Brothers John, Patrick, James and Laurence, and their Heirs Male in Succession; then to the Use of George Fleming of Stevenstown and his Heirs Male; on Failure thereof to James Fleming of Derpatrick and Staholmock, and his Heirs Male; and on Failure thereof to the Heirs Male of Edward Fleming of Sydan, in the County of Meath, Esquire; and on Failure thereof, to Thomas Fleming of Creivagh, Esquire, and his Heirs Male; with divers Remainders over: That all the Limitations over before Thomas Fleming of Creivagh are now spent by the Deaths without Issue Male of the Parties mentioned in the said Deed, or of their respective Issues Male: That the Petitioner, as he verily believes, is now Heir Male of the said Thomas, he being seised and in Possession of the Estate of Creivagh, which has descended to him as Heir of the said Thomas: That it is well known in the Family, and also capable of Proof, that John Fleming, and all the younger Brothers of said William Lord Slane, the Settler of 1638, died unmarried and without Issue: That, notwithstanding, Mr. James Fleming has set up a Claim to and assumed the Title of Lord Baron of Slane, alleging himself to be Heir Male of the Body of said John, whom he also alleges to have been married to the Daughter of Sir Thomas or Sir Valentine Blake of the County of Galway, whereas, in truth and fact, the said John never was married, but died a Bachelor without Issue: That the Petitioner further states, and is prepared to prove, that the said James Fleming is descended from one Thomas Fleming, a Merchant or Tradesman of Drogheda, who may have been, though remote, a Branch of the Family of Slane: That the said Thomas Fleming, having been deprived of certain Houses or other Real Property which he possessed in the Town of Drogheda, was, by the usurping Powers during the Commonwealth, transplanted to the Parish of Knockmoy, in the County of Galway, in Conaught; and it appears by his last Will and Testament, now in the Registry of the Consistorial Court of Tuam, and dated 4th April 1689, that he was married to one Ellen Blake, and that he lived in the Parish of Knockmoy aforesaid, the very Parish where Cullagh, the alleged Residence of the said John Fleming, is situate; and also by an Administration to the Goods of Ellen Fleming alias Blake of Culyagh, which was granted to her Son Dominick on the 18th of December 1705; in short, that there can be no just Doubt that this Thomas was the real Ancestor of the said James Fleming, and not The Honourable John Fleming, as he erroneously imagines: That Petitioner, really believing himself to be Heir Male of the said Thomas Fleming of Creivagh, and, as such, Heir Male of the said William Lord Baron of Slane, and, that if the said Peerage descends by Law to Heirs Male, that he is really and justly entitled to that Honour and Dignity, and therefore feels himself called upon to protect his Rights by all lawful Means: That their Lordships Petitioner is not learned in the Laws, and therefore does not pretend to say whether the Title of Slane originated in a Writ of Summons to and sitting in Parliament, or in some peculiar Law or Custom of the Parliaments of Ireland or otherwise, or whether it will descend to Heirs Male to the Exclusion of Heirs General, which Question His Majesty, in His Wisdom, has been pleased to refer to their Lordships Decision; but Petitioner believes and asserts that he is now the Heir Male of the ancient Barons of Slane, and if it should be decided by their Lordships Judgment that the Title descends to Heirs Male, he is ready to proceed to prove that he is the true Heir Male as aforesaid in due Form of Law: That Petitioner is also ready to produce Copies of the Wills and other Documents necessary to shew the Descent of the said James Fleming from Thomas Fleming, a Drogheda Merchant, and also a Copy of the Pedigree made out from the same, and the printed Statement of the said James Fleming, by which it appears, that, with the Change of the Name Thomas to John as the common Ancestor, they will agree;" and therefore praying their Lordships to permit the Copies of the said Evidences to be laid on the Table, for the Information of their Lordships and His Majesty's Government, in order that proper Steps may be taken to procure the necessary Evidence to enable their Lordships to judge rightly in this Case; and that the Petitioner may be allowed to produce Evidence before their Lordships at the Hearings of the Claims before the Committee of Privileges of this House, if he shall be so advised by his Counsel learned in the Law to do, or to take such other Steps as are legal and right to promote and further the full Investigation of this Matter, as he may be advised:"

It is Ordered, That the said Petition be referred to the Committee for Privileges to whom the Petition of George Bryan of Jenkinstown, in the County of Kilkenny, Esquire, to His Majesty; praying, "That his Claim to the Barony of Slane may be referred to the House of Peers, to report whether the said Title be or be not a Barony in Fee by Writ of Summons, descendible to Heirs General, and whether the same is or is not now in Abeyance between Edward Lord Dunsany and the Petitioner;" together with His Majesty's Reference thereof to this House, and the Report of The Attorney General thereunto annexed; and also the Petition of Henry Fleming of the City of Dublin, in relation to the said Claim, stand referred.

Annandale Peerage, Petition of J. Johnstone respecting.

Upon reading the Petition of James Johnstone of Drum, in the County of Monaghan, Esquire; setting forth, "That Petitioner has been served with Notice that the Cases of the Claimants to the Annandale Titles will come on to be heard before their Lordships on the 27th Instant: That Petitioner, with a view to collect authentic Proofs of his Descent, and of his Right to that Peerage, has had the principal Offices of Record in Ireland minutely searched and examined; and altho' he has succeeded in collecting legal Evidences of his Pedigree for a Period of nearly Two hundred Years, yet further Inquiries must still be made in the Public Offices of Scotland before his Case can be laid before their Lordships House: That he proceeded in May last to Edinburgh for that Purpose, and by himself and others made considerable Progress in examining the Records of the Register's Office there; but Petitioner was informed by Mr. Robinson of the Chancery Office in that City, and other Persons, that the Archives lately forwarded, by Order of the Commissioners, to that Repository, from Lanarkshire and other Places, were lying in such a State of Derangement and Confusion that they could not be examined for Three or Four Months, and that when they were rendered accessible he, the Petitioner, should have due Notice;" and therefore praying, "That their Lordships will postpone any final Decision on the Claims to that Dignity now before their Lordships until the Petitioner is enabled to complete his Researches:"

It is Ordered, That the said Petition be referred to the Committee for Privileges to whom the Petition of John James Hope Johnstone of Annandale, Esquire, to His Majesty, claiming the Earldom of Annandale and Hartfell, with His Majesty's Reference thereof to this House; also the Petition of John Henry Goodinge Johnstone Esquire, late of Pembroke Place, in the County of Middlesex, now of Bonnington Bank near Edinburgh, to His Majesty, claiming the Titles of Earl of Annandale and Hartfell, Viscount Annan, Lord Johnstone of Lochwood, Lochmaben, Moffatdale and Evandale, with His Majesty's Reference thereof to this House; also the Petition of Sir Robert Graham Baronet, of Walbrook, in the City of London, to His Majesty, claiming the Titles, Honors and Dignity of Earl of Annandale and Hartfell, Viscount Annan, and Baron Johnstone of Lochwood, Lochmaben, Moffatdale and Evandale, with His Majesty's Reference thereof to this House; also the Petition of William Greig Johnstone, lately residing in the Parish of Monikie, now in the Town of Montrose, County of Forfar, North Britain, to His Majesty, claiming the Title of Earl of Annandale, with His Majesty's Reference thereof to this House; and also the Petition of George Conway Montague Levine Wade Souter Johnstone, Lieutenant in the 14th Regiment of Foot; praying their Lordships "to grant him Time to procure Evidence to establish his Right to the Marquisate of Annandale," stand referred.

Education, (Ireland,) Petitions from Down & Killinchy forcontinuing Grants for.

Upon reading the Petition of the Inhabitants of the Parish of Down, in the County of Down, Ireland, whose Names are thereunto subscribed; praying, "That their Lordships will, in their wonted Goodness, continue their Protection and Support to the Kildare Place Society of Dublin, for the Education of the Poor of Ireland, by making as ample a Grant to it as has been done on any former Occasion, which is absolutely required from the increasing Demands upon it:"

It is Ordered, That the said Petition do lie on the Table.

Upon reading the Petition of the Clergy, Landholders and Inhabitants of the Parish of Killinchy, in the County of Down, Ireland, whose Names are thereunto subscribed; praying their Lordships "to continue and enlarge the Grant to the Kildare Place Society:"

It is Ordered, That the said Petition do lie on the Table.

Lunatice Bill referred to a Private Com ee:

Ordered, That the Bill, intituled, "An Act for regulating for Three Years, and from thence until the End of the then next Session of Parliament, the Care and Treatment of Insane Persons in England," be referred to the Consideration of the Lords following:

Their Lordships, or any Five of them, to meet on Thursday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

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 referred, be added thereto.

Com ee to appoint a Chairman.

Ordered, That the Committee to whom the said Bill stands referred do appoint their own Chairman.

Frodingham, &c. Inclosure & Drainage Bill, Petition against, referred to the Com ee:

Upon reading the Petition of John Reginald Pindar Earl Beauchamp, taking notice of a Bill depending in this House, intituled, "An Act for inclosing, draining and warping Lands within the Townships or Hamlets of Frodingham, Scunthorpe, Bromby and Gunhouse, (otherwise Gunnas,) all in the Parish of Frodingham, in the County of Lincoln;" and praying their Lordships, That he may be heard by his Counsel, Agents and Witnesses, against such Parts of the same as may affect him:"

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 his Counsel, Agents and Witnesses, 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 last-mentioned Bill stands committed, be added thereto.

Com ee to appoint a Chairman.

Ordered, That the Committee to whom the last-mentioned Bill stands committed do appoint their own Chairman.

Moray's Estate Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for vesting the Entailed Estates of Abercairney and others, in the County of Perth, belonging to James Moray of Abercairney, Esquire, in Trustees, to sell the same or so much thereof as may be necessary, and to apply the Price arising therefrom in the Payment of the Debts affecting or that may be made to affect the said Lands and Estates," was committed; "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made several Amendments thereto."

Which Amendments, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amendments, be ingrossed.

Cameron's Estate Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for vesting the Undivided Moieties of certain Estates of Nathaniel Cameron Esquire and Lætitia Pryce his Wife, in the County of Glamorgan, in Trustees, in Trust to sell, under the Directions of the High Court of Chancery, and to apply the Money to arise from such Sales in the Manner therein mentioned," was committed; That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made several Amendments thereto."

Which Amendments, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amendments, be ingrossed.

Bolton, &c. Railway Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act to amend and enlarge the several Acts relating to the Bolton and Leigh Railway," 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."

Yorkshire Fire & Life Insurance Co's Bill.

The Earl of Shaftesbury made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act to enable the "Yorkshire Fire and Life Insurance Company" to sue and be sued in the Name of their Secretary or of any One of the Directors of the said Company," was committed.

Duties on Cape Wine, Address for Papers respecting.

Ordered, That an humble Address be presented to His Majesty, to request that His Majesty will be graciously pleased to order that there be laid before this House, "Copies of Representations which have been addressed to His Majesty's Government in the present Year, from the Colony of the Cape of Good Hope, respecting the Duties on Cape Wine; and Copies or Extracts of any Dispatches from the Governor of the said Colony on the same Subject."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Accounts Ordered: Wines remaining in entered Stocks:

Ordered, That there be laid before this House, "An Account of the Quantity of French, Cape and other Wines respectively remaining, Duty paid, in the entered Stocks, on the 5th of January 1830 and 1831 respectively (United Kingdom):"

Wine Duties:

Also, "An Account of Duty paid on each Description of Wine in 1829 and 1830, and of the Quantity of each Description of Wine permitted out of Stock:"

Imports from Cape of Good Hope:

Also, "An Account of the Quantity, and of the Official and Real Value, of all Imports from the Cape of Good Hope, from the Year ending the 5th of January 1812 to the Year ending the 5th of January 1831, both inclusive; distinguishing each Year, and showing the several Rates of Duty:"

Wine imported.

And also, "An Account of the Quantity of Wine imported into the United Kingdom, from all Parts, in the last Fifteen Years; showing the several Rates of Duty, and distinguishing each Country and each Year."

Master of the Mint's Salary Bill:

Hodie 3^a vice lecta est Billa, intituled, " An Act to reduce the Salary of the Master and Worker of His Majesty's Mint."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Langton's Act Amendment Bill:

Hodie 3^a vice lecta est Billa, intituled, " An Act to amend an Act for vesting and securing to John Stephen Langton Esquire certain Profits and Emoluments for a limited Time."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Wakefield Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for making and maintaining a Road from the Bottom of Kirkgate to the Bottom of Westgate, both in the Parish of Wakefield, in the West Riding of the County of York."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Teignmouth, &c. Roads Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to amend an Act of His late Majesty King George the Fourth, for more effectually maintaining the Road from Teignmouth to Dawlish, and for making Roads from Dawlish to the Exeter Turnpike Roads, together with a Road from Southtown to Chudleigh; and certain Branches communicating with the same, all in the County of Devon; and to make and maintain other Roads communicating with the said Roads."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Rothbury Inclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for inclosing Lands in the Parish of Rothbury, in the County of Northumberland."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Kirkby-in-Kendal Inclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for inclosing Lands within the Townships or Divisions of Hugill, Applethwaite and Troutbeck, in the Parishes of Kirkby-in-Kendal and Windermere, in the County of Westmorland."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Liverpool Roads Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for more effectually repairing, amending and improving the Roads from Liverpool to Prescot, Ashton and Warrington, in the County Palatine of Lancaster."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Vale of Blackmoor Roads Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to continue and amend an Act of the Fifth Year of His late Majesty, for repairing the Roads from Durweston Bridge to Caundle Bishop, and other Roads, in the Counties of Dorset and Somerset, so far as relates to the Vale of Blackmoor Turnpike Roads."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Writers to the Signet Widows Funds Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for better raising and securing the Fund established for making Provision for the Widows of the Writers to His Majesty's Signet in Scotland."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Glasgow Improvement Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to amend certain Acts passed in the Reign of His late Majesty King George the Fourth, for opening a Street from the Cross of Glasgow to Monteith Row."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Crediton Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for making and maintaining a Turnpike Road from the South End of Mitford Bridge, in the Parish of Tedburn Saint Mary, to Chudleigh Bridge, and from Crockham Bridge to the Exeter Turnpike Road in Chudleigh, all in the County of Devon."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Langport Roads Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for amending certain Roads in the County of Somerset, and for placing them, and other Roads, under the Care and Management of the Trustees of the Langport, Somerton and Castle Cary Roads."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Messages to H.C. that the Lords have agreed to the 12 preceding Bills.

And Messages were, severally, sent to the House of Commons, by Mr. Martin and Mr. Roupell;

To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.

Rothesay Harbours & Goal Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for improving, repairing and maintaining the Harbours of the Burgh of Rothesay, in the County of Bute ; and for building and maintaining a Gaol, Court House and Offices for the said Burgh and County."

The Question was put, "Whether this Bill, with the Amendments, shall pass?"

It was resolved in the Affirmative.

Message to H.C. with Amendments to it.

A Message was sent to the House of Commons, by the former Messengers;

To return the said Bill, and acquaint them, That the Lords have agreed to the same, with several Amendments, to which their Lordships desire their Concurrence.

Proceedings on East India Judicature Act.

The Lord Chancellor acquainted the House, "That the Clerk Assistant had prepared and laid upon the Table, A List of the Names of all the Lords who have delivered in Lists in pursuance of the Directions of an Act passed in the 26th Year of the Reign of King George the Third, for the further Regulation of the Trial of Persons accused of certain Offences committed in the East Indies, and for other Purposes therein mentioned."

Ordered, That the said List do lie on the Table.

Slane Peerage, Com ee put off.

Ordered, That the Sitting of the Committee for Privileges to whom the Petition of George Bryan of Jenkinstown, in the County of Kilkenny, Esquire, to His Majesty, praying, "That his Claim to the Barony of Slane may be referred to the House of Peers, to report whether the said Title be or be not a Barony in Fee, by Writ of Summons, descendible to Heirs General, and whether the same is or is not now in Abeyance between Edward Lord Dunsany and the Petitioner," together with His Majesty Reference thereof to this House, and the Report of The Attorney General thereunto annexed; and also the Petition of Henry Fleming of the City of Dublin, and the Petition of James Stewart Fleming of Belville, in the County of Cavan, in Ireland, Esquire, late a Captain in His Majesty's Army, in relation to the said Claim, stand referred, which stands appointed for To-morrow, be put off to Wednesday the 3d of August next; and that Notice thereof be given to His Majesty's Attorney General for England, and also to His Majesty's Attorney and Solicitor General for Ireland.

Frauds on Creditors Bill.

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to prevent Debtors from defrauding their Creditors by lying in Prison or absconding from England;" and for the Lords to be summoned;

Ordered, That the said Bill be read the Third Time on Tuesday next; and that the Lords be summoned.

Tobacco Growth Prohibition (Ireland) Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to repeal an Act of the Nineteenth Year of King George the Third, for repealing so much of several Acts as prohibit the Growth and Produce of Tobacco in Ireland, and to permit the Importation of Tobacco of the Growth and Produce of that Kingdom into Great Britain;"

The said Bill was accordingly 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 on Thursday the 4th of August next.

Oaths before The Lord Steward Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to repeal so much of certain Acts as requires certain Oaths to be taken by Members of the House of Commons before The Lord Steward or his Deputies."

After some Time, the House was resumed:

And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ld. Langford's Claim to vote for Peers for Ireland, referred to Com ee for Privileges.

Upon reading the Petition of The Right Honorable Hercules Langford Lord Baron Langford of Summerhill House, in the County of Meath, in that Part of the United Kingdom called Ireland; setting forth, "That the Petitioner's late Father, The Honorable Clotworthy Rowley, was, by Letters Patent under the Great Seal of Ireland, bearing Date the 31st Day of July in the Fortieth Year of the Reign of His late Majesty King George the Third, advanced to the Dignity of a Baron of Ireland by the Name, Stile and Title of "Lord Baron Langford of Summerhill, in the County of Meath, in the Kingdom of Ireland," to hold the said Dignity to him and the Heirs Male of his Body lawfully begotten and to be begotten: That the Petitioner's said late Father departed this Life on or about the 13th Day of September 1825, whereupon the Petitioner succeeded to the said Title and Dignity of Lord Baron Langford of Summerhill aforesaid: That in virtue of such Peerage the Petitioner claims a Right to vote at the Election of Peers for Ireland to sit in the Parliament of the United Kingdom;" and therefore praying, "That his said Right may be admitted by their Lordships:"

It is Ordered, That the said Petition be referred to the Lords Committees for Privileges, to consider and report; and that the Committee do meet to consider thereof on Thursday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum septimum diem instantis Julii, horâ decimâ Auroræ, Dominis sic decernentibus.