THE ASHBURTON ELECTION: The committee appointed to try this petition held their first sitting on Tuesday. The following were the Committee: The Hon. Mr. Bowverie, chairman, Mr. Knightley, Mr. Greenhall, Mr. Sheridan, and Mr. Bellew. Mr. Phinn, Q.C., Mr. Clarke and Mr. Raymond appeared for the petitioner: Mr. Slade, Q.C., Mr. W. H. Cooke, and Mr. Bentinck for the sitting member. The Clerk then read the following petition: The humble Petition of Brooking Soady, of Woodland, the County of Devon, gentleman, and Thomas Pinsent, of Kingsteignton, in the said County of Devon, gentleman, whose names are hereunto subscribed. Sheweth, that at the last election of a member to serve in this present parliament for the Borough of Ashburton, in the County of Devon, your petitioners were registered electors of the said Borough, and had a right to vote at the said election and did vote thereat: That at the said election, John Harvey Astell, Esquire, and George Moffatt, Esquire, were the candidates. That the nomination for the said election was duly held on the twenty-ninth day of April, in the year one thousand eight hundred and fifty-nine, when each of the above-named candidates was duly nominated and seconded, and Mr. Nathan Beck, the portreeve and returning officer for the said Borough, declared the show of hand be to in favour of the said John Harvey Astell, whereupon a poll was duly demanded on behalf of the said George Moffat, and was held on the thirtieth day of April, in the same year; and that at the close of the said poll the said John Harvey Astell was declared by the said Nathan Beck, the said returning officer for the said borough, to have been duly elected and was accordingly returned as member for the said Borough. That before and during the said election the said John Harvey Astell did himself, his agents, and by other persons on his behalf, directly and indirectly give, lend, and procure, and did agree to give, lend, and procure, and did offer and promise and did promise to procure and to endeavour to procure money and other valuable considerations, and also offices, places, and employment to and for divers persons having votes at the said election, and to and for other persons on behalf of such voters and other persons in order to induce such several voters to vote or refrain from voting at the said election, and did also, during and after the said election, corruptly make such gifts, loans, promises and offers of money and other valuable considerations, and of offices,places, and employments to divers voters at the said election, and to other persons on behalf of such voters on account of such voters having voted or refrained from voting at the said election. That before, during, and after the said election, the said John Harvey Astell did corruptly, by himself, his agents, and by and with other persons, and other ways and means on his behalf, directly and indirectly, give and provide, and cause to be given and provided, and did knowingly allow be given and provided, and did wholly or in part pay for meat, drink, entertainment and provision, to and for divers persons having votes at the said election, and to and for other persons on behalf of such voters, in order to be elected, and for being elected, and also for the purpose of corruptly influencing such persons and other persons to give or refrain from giving their votes at the said election, and did also so do on account of divers persons having voted, or refrained from voting, or being about to vote, or refrain from voting, at the said election. That before and during the said election the said John Harvey Astell did by himself, his agents, and and with other persons on his behalf, directly and indirectly make use of, and threaten to make use of, force, violence, aud restraint, and did in divers other ways and means practise intimidation in order to induce and compel divers persons to vote or refrain from voting at the said election and did also abduction, duress, and other fraudulent devices and contrivances, impede, prevent, and interfere with the free exercise of the franchise divers voters the said election, and did thereby compel, induce, and prevail upon such voters to vote or refrain from voting at the said election: That the said John Harvey Astell was, by himself, his agents, friends, or partisans, and others on his behalf, guilty bribery, treating, and undue influence at the said election. That reason of such bribery, treating, and undue influence the said election and return of the said John Harvey Astell is not a valid election and return, and ought to be set aside. Your petitioners therefore humbly pray that your honourable house will take the premises into their consideration and declare that the said election and return of the said John Harvey Astell is wholly null and void and will give your petitioners such further relief to your honourable house may seem meet. And your petitioners will ever pray, etc. Brooking Soady; Thomas Pinsent: The writ and return for Ashburton, and the poll books, were then put in by the Clerk of the Return Office. He proved that the last person polled for Mr. Astell was Mr. Leaman. (long description of court case – similar to above) … …
Transcribed in whole or part from scanned originals: Presented with or without modified text and punctuation. For absolute accuracy refer to the original newspapers. Source: The British Newspaper Archive.
Referenced
GRO1036 Devonport: Thomas Pinsent: 1782 – 1872