Election Committees: Ashburton: The committee nominated to report upon the late return for the borough of Ashburton, met yesterday for the first time, and consisted of Mr. E. P. Bouverie (chairman), Mr. Knightley, Mr. R. B. Sheridan, Mr. R. M. Bellew, and Mr. Greenall: Counsel for the petitioners, Mr. Phinn, Q.C., Mr. Clarke, and Mr. Wray. For the sitting member, Mr. Slade, Q.C., Mr. W. H. Cooke and Mr. Bentinck. The petitioners were Brooking Soady, of Woodland, in the county of Devon, gentleman; and Thomas Pinsent, of Kingsteignton, in the said county of Devon, gentleman. The allegations set forth that at the last election of a member for the borough of Ashburton, in the county of Devon, the 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 Mr. John Harvey Astell and Mr. George Moffatt were the candidates. That; the nominations took place on the 29th of April last, and the polling on the following day, and at the close of the poll the said Mr. John Harvey Astell was declared to be duly elected and was accordingly returned as member for the said borough. The petition further alleged bribery, treating, and undue influence on the part of the sitting member, by himself and his agents. Mr. Phinn, Q.C., in opening the case for the petitioners, said he had no doubt he should be able to show in the most conclusive way that the sitting member and his agents were guilty of bribery within the meaning of the act, and also of treating and undue influence. The learned counsel then proceeded to detail the principal features of the case for the petitioners, which will be found embodied in the following ‘evidence: ‘ Mr. Henry Oakley called and examined by Mr. Clarke — He said he was secretary to the Great Northern Railway. Mr. Astell was a director of the Great Northern Railway in 1857 and was so now. Joseph Mugford examined by Mr. Wray — He said he now kept the Golden Lion at Newtown. He formerly kept an inn at Ashburton, belonging to Mr. Tozer. When he left there was some money due by him to Mr. Tozer. Last March he went to Mr. Tozer’s office to pay his rent. He saw Mr. Tozer at his office, and when he had paid his rent, Mr. Tozer asked him into his dining-room to have a glass of grog. Mr. Tozer then asked him what his son was about, and he said “nothing.” Mr. Tozer said he hoped he would not be angry with him if he got a situation for his son. Witness said, “certainly not.” “Mr. Tozer then remarked he hoped the witness would not be ungrateful. Witness replied he hoped not, he had never been ungrateful to any man. Mr. Tozer then said, “You know what I mean.” Witness did know what he meant; he knew he meant to get his vote. He always voted on the other side. The next day the witness saw Mr. Whiteway, who spoke about getting a situation for his son, and asked him his age. His son was not then quite 17, and Mr. Whiteway observed that he was afraid he was too young for a government situation, but he would try and get him a situation on the Great Northern Railway. Mr. Whiteway then said he would send him a list (a note was here handed by counsel to the witness, which he said he believed was in Mr. Whiteway’s handwriting). The note was read, and stated that when the lad was 18 he (Mr. Whiteway) would be able to get him a situation of 12s. a-week on the Great Northern Railway. Enclosed was a list of the scale of wages paid on the railway. He sent back the list to Mr. Whiteway (as he desired) saying this was not wages enough for his son. On a subsequent day he saw Mr. Tozer’s son at the Globe, when he asked him to have a glass of wine, but the witness said he would rather have a glass of gin and water. Mr. Tozer then told him he had got a situation for his son, either in a bank or on the railway. Witness had borrowed £20 from a Mr. Tucker two or three years before. He had previously asked Mr. Tozer to lend him the money, and he refused. He remembers Mr. Astell coming down to the borough in 1857. He canvassed witness. Mr. Henry Tozer and Mr. John Tozer were with him. On the day after he received a note from Mr. Whiteway (which was put in and read), requesting him to be careful not to vote till he (Whiteway) had seen him. Mrs. Whiteway subsequently called upon witness. His wife was present. Mrs. Whiteway asked him if he would vote for Mr. Astell. He said he could not promise. She then asked him and his wife to have a glass of grog, and she had a glass of grog with them. Ongoing away she put down 4s. or 5s. on the table to pay for it. He offered to give her the change, but she said, “Never mind the change.” On April 11th Mr. Astell and Mr. H. Tozer called upon him at the Golden Lion. Mr. Astell asked him if he would give him his vote. He said he could not promise him. Mr. Tozer asked him where his son was, and he said he was not at home. Witness voted for Moffatt. He took part looking after the registry, and got some voters struck off. Cross-examined by Mr. Cooke— Never applied to Mr. Whiteway to get his boy a situation. Never told Mr. Tozer of his boy’s anxiety to get a situation in London: Maria Decker, examined by Mr. Clarke — She acted as waitress at the London Inn at the last election. Mr. Astell was there. He occupied a large front sitting room and bedroom. The first person who called to see Mr – Astell was Mr. Whiteway, and he came every day, and so did Mr. Tozer: Cross-examined by Mr. Cooke — Witness’s husband was a gardener, and voted for Mr. Moffatt. Witness was asked if she lost her husband for eight or ten days before the election, but she said with great indignation she would not answer that question. Mrs. Angell, examined by Mr. Wray – She was the wife of Mr. John Angel, who kept the London Inn Mr. Astell occupied rooms there, which were engaged by Mr. Tozer and Mr. Caunter. She sent her bill to Mr. Caunter and he paid it: While Mr. Astell was at the inn, Mr. H. Tozer, Mr. Caunter, and Mr. Whiteway used to constantly come to see him: Mr. Robert Dobell, examined by Mr. Clark — was distributer of stamps at Ashburton, and also election auditor. On the 28th June, 1859, Mr. Caunter gave him £100 to pay the election expenses of Mr. Astell: Mr. Astell’s bills were sent to the witness (produced). They were bills for hustings and portreves’ charges. No bills for flies or agents were sent to him. Cross-examined by Mr. Cooke— Witness was also a clerk in the office of Mr. Tucker, Mr. Moffatt’s agent. By the Committee — He had not paid away the £100. He had not paid quite £23. Mr. George Pike, examined by Mr. Phinn — was an auctioneer and land surveyor, residing five or six miles from Asbburton. He was present at the trial “Leeman v. Soady,” at the Exeter Assizes, in March this year. Leeman asked the witness to lend him some money after the trial to pay his expenses. Witness declined, as he had not much money with him. After that witness sold up Leeman’s effects to satisfy a debt of £84 which he owed Mr. Tozer for money lent. “The sale realised £203 1s. 9d.: Goods to the value of £35 18. were bought in and not paid for. The balance he handed to Leeman was £112. Afterwards Leeman called upon the witness to make out his schedule to pass through the Insolvent Court. He said he had heard that Mr. Tucker would not press for his costs if he would vote for Mr. Moffatt. Mr. George Heath Cole, examined by Mr. Phinn — was sheriff’s officer in the county of Devon (produced the warrant which he received against Leeman) on the 19th of April last. He gave it to two of his assistants to execute, but they failed to do so. On the 28th of April Mr. Reginald j Templar called at his house at Exeter, and asked if he held the warrant against Leeman, and also asked the witness not to execute it before Leeman polled. Witness replied that he certainly should execute it as that was the only chance of getting his costs. Mr. Templar then said if witness would let Leeman vote he would give him an undertaking that he (witness) should have Leeman 10 minutes after wards, and that by letting Leeman vote he would oblige him (Mr. Templar) and Mr. Astell’s friends. Mr. Templar also said, if the witness would not allow Leeman to vote, he would write to Gregory, Faulkner, and Co., the great common law solicitors in London, to send him no more writs for execution. Witness was at Ashburton on the evening of the nomination, when his man told him he was wanted at Mr. George Caunter’s house. He went and saw there Mr. Caunter and Mr. Woodleigh, a magistrate. He told them he had come to arrest Leeman, and that he should do it if he could. In the course of the same day, he saw Mr. Whiteway, who told him that if Leeman polled, he should have his money. Between three and four o’clock, at the polling booth, Mr. H. Tozer came to him and asked him what he wanted with Leeman. Witness then went with Mr. Tozer into a little room adjoining Mr. Astell’s committee-room. He (Tozer) asked witness if he would take his cheque for the amount due by Leeman, at the same time telling him he was Mr. Tozer, the attorney. Witness told him he would take his cheque, but said, “Let me have my man first.” He then followed Mr. Tozer and Mr. Eddy to Fry House and found Leeman there and arrested him. On that Mr. Tozer gave him a cheque for the amount of the warrant, and it was endorsed by Mr. Eddy. The cheque was afterwards paid. William Harris, a bailiff, at Exeter, swore that be went to Fry House to arrest Leeman on a warrant, but did not succeed in doing so. Thomas Dare, another bailiff of Exeter, swore that on the nomination day he was at Ashburton, when Mr. Templar told him to tell Mr. Cole to come to Mr. Caunter. He then went to Mr. Caunter and asked him if he wanted to see. Mr. Cole. Caunter told him to tell Cole to come to him and be did so. John Smeadon, a farmer, living near Ashburton, stated that Leeman was a tenant of his, and now owed him £11 10s. The witness saw Leeman since the election, who told him he was taken away from Ashburton on the Sunday previous to the election to Saltash, near Plymouth, and that Mr. Henry Tozer took him there. Cross-examined by Mr. Slade — Leeman told him he was taken away on account of the election. Joseph Turner, a cork cutter of Plymouth, proved that in April last Mr. Tozer came to his house. He afterwards saw Leeman in an inn at Plymouth. Witness was taken to the inn by Mr. Tozer. He and Tozer then took Leeman to lodgings at Saltash. The lodgings were taken for a week or a fortnight, and arrangements were made for his board by Mr. Tozer. Witness saw Leeman once afterwards at these lodging; and took him from thence into the country, near Kingsbridge, where he left him with a friend of his (witness’s) named George Friend, a farmer, of Loddiswell. Cross-examined — Witness knew that at that time there was a writ out against Leeman. W. Norris, saddler, Ashburton, spoke to seeing Mr. Astell canvassing in company with Mr. Caunter, Mr. Templar, Mr. Whiteway, and the Messrs Tozer, and had seen them in Astell’s committee room. Some evidence having been given as to flies hired during the election for Mr. Astell, the account for which was sent in to Mr. Caunter, the committee adjourned till this day.
[see also London Standard: Wednesday 27th July 1859]
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