2 MAY 1840, Page 2

The Cambridge Election Committee decided on Saturday, that "th e Evidence

was then adduced Icy the petitioner's counsel Sanntel Long as the instrument of Swann for the purposes of the acts of bribery on the part of Long. George Smith, a shoemaker, had some conversation with Long about making boots, 1 "I promised Prove dimet him ten pounds for making two pairs. Smith said it was a very good price, and he was much obliged. Witness continued- . Subsequently Long gave the sovereigns to my wile; find having loathed them four times on the edge. I gave them into the custody of Mr. Fnledi Eden. lie said to me, what do you mean to do with this?' sun answered, why, to be bum, tu hold them tip to the finger nr scorn. 1 next inn- ing trent to Boysdon, the day after waited on Mr. Gunning, and on the Saw. day gave my evidence Imfore the Magistrates."

On cross-examination, the witness said-

" I lmve lived for fourteen years at Cambridge, and before that as a shoe. maker at Oakham, in Butlandshire. Long first came to me about the clerk on the 22d of August, and on the Saturday

could put some money ill my pocket. Ile talked

poor-laws and politics geom.:illy, and of vhat little valne a vote was to a poor mall. I recollect the 22d of .iiugust, because I took. a note of the emirtrsation ill a (bay or two after it occurred, and Marked it by a cross in my ',Amy alma. pack. On the Saturday followiug, he called to ask if' the shocs II, had enteral for his girl were ready; talked of "the unimportance of how a poor man woulii vote, and said he walla put a few pounds in my pocket. 1 replied, that he knew my principles \yell, and would give him a positive answer on tiie Smithy morning, when 1 bniught the boots home. I Intl made up icy mind. vs tutus positive answer I would give; and it wits, that I did not intend voting fur fut. ton ; but I did not uo on the Sunday morning. I wished Long to heliive that 1 was Bar a fiat to he caught, and not to be bribed for any faction or any piety; but I said, when offered niue sovereigns for two pairs of bows, that i should like a good many customers at the same price; but I did not at the same time mean to have my vote ioduilcd.

" Was all this that you might take him in ?"—" No, he took himself in. I never said in my life flint the book upon which nave sworn-wit.: the damnedest pack of' lies that ever its put together, and he who would say otherwise wait one of the greatest liars in exitence." " Did you ever say any such thing to Joseph Dealty :"—" It is the greatett falsehood ever uttered by the lips of man. It is my principal study to instil into my ebillren n hat is right to God and man.' By the Cann»ittee—" I go to no particular placc of worship, ss do rot think it Iteeec=ary to tie myself' down tit any particular sect or mii toi long it I feel satisil. tkat I am 11:31Pg my duty tawards God anti man,"

Lydia i cit le, the witness's wife, fully corroborated her husband's statement ; atrl in Monday Mr. Francis Eden testified to the fact that Sink h had MIN hint the sovereigns, p. watchmaker of Cambridge, 1.1Clitiottol an Lttempt ' by 1.,eg to pitreli:•.se his vote— .1 remenimr Sam u-1 I.ong having called upon me on the 19th of daps; last, when he wi.lied to know the expense of a chain for a hrooeh ; and that done, he iii ii r 1 if 1 hail a vote, I said I had ; and he oluerved, ' I tender.

stand you have (it flu, rejected turn-coat, coming ' I sit my answer

was, ' I'll wait till I hear Iii'.' ro that he rejoined, It very little to a young tradesman with a large family Mr whom he ewes, as Whip and Tories are all alike, sed:ing to help themselves, and care hut little, Wally thong, for the people.' I saw hini ii second time, on the 2$t Ii of August, near hi elan house; when he asked me to have a glass of wine; and I went with him to a front-room, when he again tt-ked me it' I had promised my vote; I replied thtt I had lvd ; and he sail, it' I a unit1 promise to vote fir Mr. 'Manners Sattan,he would give me ten sovereigns, provided I gave him back one for himself. I toll him 1 mold not conscientiously do so, but that I would think or ; and shortly after left his hmise. While I was with him, a female came to his wife, ;tabs! conversation with her for about ten minutes, but I did not attend to what passed. Long took the sovereigns out of his pocket to give to tie, lailalf one for himself, which I did not take; and he called at my shop neat morning,but

I did not see him again until he webs examined at the After his liberation, he called at my shop, and said, thought, Marsh, I could hare

trusted to you.' I replied, ' I cannot help it ; I do not wish to Mut you Or your family, but those who employed you ought to be punished."' Cross -,xamined hy Mr% Sergeal.t Wtatigham—" When I said to fain! I end] not conscientimisly take the bribe, I meant hint to understand what he might think proper, and there I left 'Min"

Mr. Sergeant Wt.:nigh:un—.' And there I shall leave you."

Ilekainined—" I thought it was my duty to the town in which I heed, and to the country al large 10 eilpose the hribery and darkness in which the people thcre were walking. I neek a statement to the Magistrates similar to that which I have made here to-day."

Mr. Cockburn then summed up the evidence applicable to bribery

and treating. At the conclusion of Mr. Cockluiro's speech the Com- mittee rose: i.nd when they reassembled on Tuesday, Mr. Biggs Andrews, Mr. Sutton's counsel, said it iv as felt to he impossible to defend Mr. Sutton's right to his seat after the Committee had decided that the agency of' Swann and I..orig had been proved.

Mr. Austin then submitted that the Committee should agree to the usual resolutions. Stratigers withdrew ; and after about an hones consideration, were recalled to hear the following resolutions read by the Chairman, Sir Charles Lemon.

" The ( 'onnuit tee have determined that the I kronur:0Jc .101,11 Ilona: Thomas Manners s:utton ii not duly eleeted a burgess to serve in this present Parlia- ment for the horoopti of Cambridge. " That the bed elion of a burgess. to NOITC Iii POdiament for the said bo- rough is a void election.

" That the petition of Ebenezer Foster and others did not appear to be frivolous or vexatious. " That the opposition to the Said petition did not appear to be frivolous or vexm Mos. influential members of the constituency of Cambridge at the last

pa.-----rt of m—y-

election for that borough."

11Ir. Austin begged to observe, that the last resolution but one would be wholly inoperative, and was against all precedent. From the fol- lowing desultory conversation between counsel and members of the Committee, it will be seen that the Committee desired to shield Mr. &Mon from the consequences of his agents' misconduct, but did not

Eucceed.

The Chairmtm—" The object of the Committee, in framing that resolution, pas been to deal as leniently as possible with Mr. Manners Sutton, as far as re- garded the ele.rge of bribery within his own knowledge."

Mr. Atvtin—" Sir, the la-a resolution but one is not in the usual form." Mr. Mayne—" The Committee have altered it."

The Chairman—" Is there any legal °hit:et:ton to the resolution ? " Mt. Asti." Yes, Sir, there is." The Chairman—. If there was nut a legal objoetion, it we the wish of the Committee to bear as lightly Its possible upon the character of Mr. Manners Sutton." Mr.Ansfin—" But, Sir, the character of Mr. Manners Sutton has nothing to is with the conduct of his agents." Cockburn—" The allegation of the petition is, that he was guilty of bribery and treating ' by his agents.'" The Chairtnan—" If the effect was the same, it was the wish of the Ciao- roittee to avoid using his name." Anstin—" But the question. Sir, is, whether the effect is the tattle; atul I. am Imo; completely taken bysit; time upon tt.

If you point out to the Committee any respect in which

The rhairn,,,—" the oreet WA. tht Mr. Atmin—" With great submis:don, Sir, we are not to argue that. What we want is. a legal resolution ; and therefore, what I should subunit to you (bayou would ti ow the precedents that you find in the Journals. All thos.e precedents in in accordance with that resolution which the Committee Clerk bolds in his Land." Mr. Dilott —.' if resolution is informal, there is no doubt it mist he altered. Tle:re was a doubt expressed as to the resolution being informal." ir.Aiistbi—" And entertaining that doubt, I submit it to the Committee." Mr. Divot —f• 1 believe you are quite right that it is informal; that there is no pteeedeut for it. I eonsented to it on the strong opinion which I inay ay prevails on the part of the Committee, that thottell Mr. Manners Silt ton is legally responsible for all the acts of his agents in the mode of conducting the election, yet that he individually had as little to do o it ii it as any member can in any ca•itt."

sb: Samerville—" Hear, hear !"

Mr. Aostin—" No doubt about that, Sir. I only in-it to have a lent reso- lution; i;ed I sledl be obliged to the Committee if.tle.:y will consider the reso- lution with that view."

Senerville—" Do you mean that it would render the re olation unavailing:"

Mr. Austin—" I Cannot give a legal opinion off-hand, but you give me a re- SOlittian ii ILL May be of no ui.e."

Me. Protherite" And for which there is no Fee, Llent." Mr. Austin—" And tiw whieh thero is no pr.;,•1 it. I u entitled to a legal resolution. The 11,111 turin in, 'That A. B. by or That A. B., hy his agents, has been guilty of lirihery ;' and L sbauld Llp: the Committee, for then own sakes, will not alit r that form.'

31r. Divett—'• This conversation does away entirely it ith the itece,,ity for the resolution as it now StandS, bee:Oise the opinion ot the Committee has given and understood." Sir John Waish—o‘ fit general, t 1,21ieve, it is a up,: ter in' COlate;y pose that the Memher he quite ignorant of auy r that iii.Lap- pon ; but in this instanee ire wiSh lit gilratImr 4,yoll h ti.. 1 I to exp,...,s the tIttehled eeiniott of the Committee that Mr. Mir:tiers :-,.;,10.1s diameter is completely t,ithout a stain. and that he is quite exempted.- Mc. Pethu roe—" be; have to say, that no one si.m!.1 to bear ItiOre lightly upon Mr. Manner.- Sutton than myself, and hotiotrit1ilo members of the Committee it ill bear witness to that ; but if we ar2 5u.h mo hr. by a vote, to pronounce that the candidate is not in die remotes:- Iv c' tainted by the bribery and eorruption for which he has forfeited hi, at, I must, though with great pain to myself, enter a protest against Stith. Vert:, ;wing used as express- Hug tbe opinion of the Committee. No one could more iris!' than I do to lime lightly open the latc honourable Member, but the Lang-nage just used was, I think, going beyond the language of the resolution." Austin—" It is not with a view to the charm:ter of the honourable Member, It'll I want to have a legal resolution. Perlitips you will be so good, Sit', as to clear the room" Mr: hit:theme-4' It is not IleCe!,■ary to clear the room." Chairman—'t I have taken the opinion of the tie:A:MU-cc, and thee have