sation as he stated taken place. Besides this positive testimony he would show that Mr. Nichol son was distant five miles from home at the time spoken to by Davis; that Davis's description of Mr Nicholson's office, in which he stated the conversation to have taken place, was incorrect; and that Mr. Nicholson had some time previously made an alteration, which was inconsistent with the description Davis had given of it. The preliminary proof having been gone through, the shorthand writer's notes of the evidence given by Davis before the committee were read.

Lord Mahon-I attended the committee in the House of Commons most days. I was present when the defendant was examined and heard the evidence he gave. To the best of my remembrance, I had never seen him before I saw him in the committee room. I heard the evidence he gave respecting a conversation between him and me, and I solemnly swear that that evidence was entirely false. I have no recollection of having ever been in a room with that man and Mr. Nicholson. I never, in the presence of Mr. Nicholson or in his absence, offered that man 107., if he would give me his vote. I never offered that man or any other man in Hertford, either directly or indirectly or at any time or place, a sum of 101., or any other sum whatever, for his vote. If such an event had occurred as a man showing me his wounds, and asking me for a consideration for his vote, I could not have forgotten it; I can therefore venture to swear that nothing of the kind stated by Davis ever took place. No offer was made by Mr. Nicholson or any other person in VOL. LXXVI.

my presence respecting a balance of 31. 15s. being struck off.

Cross-examined.-From first to last, my election cost me personally between 2,000l. and 3.000. I did not pay the whole of the expenses; there was another candidate, and there were others who also contributed. To the best of my belief the whole amount spent at the election may have been about 8,000l. or 9,000l. At the election 432 voters voted for lord Ingestrie, and 381 for me. I solemnly swear, that nothing against my principles and conscience, such as attempting to bribe an elector, could possibly have escaped my memory. My memory may be frail on unimportant circumstances, but not in such a case as this, and it is impossible that such a thing as this could have taken place. I have no recollection of any voters having shown me, on the nomination-day, any wounds they had received. I have no recollection of the fact, but I think it not impossible that persons may have shown me wounds they had received, and asked me for something to drink. I will not undertake to swear that no person during the election showed me bruises or wounds which they said they had received in my service; it may have happened, though I have no recollection of it.

Re-examined by Sir James Scarlett. I can undertake to say positively that no person ever showed me in Mr. Nicholson's private room, any wound he had received, or asked me for any compensation of 10%. or any other sum.

Mr. George Nicholson.-I am a solicitor, practising at Hertford. The defendant was indebted to me and my partner in a sum of 31. 15s. There is no truth wh

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ever in the statement that the defendant came to my house on the nomination-day, or any other day, and saw Lord Mahon and myself together, when Lord Mahon promised to give him 107. for his vote. I did not offer to strike my pen through my demand on Davis. I knew Davis to be a warm supporter of Mr. Duncombe, and I never had any conversation with him about his vote.

Cross-examined.-I believe the whole expense of the election to have been between 6,000l. to 7,0007. I am not at liberty to say whether any other persons besides Lords Ingestrie and Mahon paid any part of the expenses: it is matter of a privileged nature, and I am not bound to disclose it.

Mr. Longmore, the partner of Mr. Nicholson, stated that, after the election, he issued a writ against Davis, to recover the sum due to himself and Mr. Nicholson. Davis called on him to settle the matter, but did not mention the promise he afterwards stated had been made to him by Mr. Nicholson to strike his pen through the debt. Witness did not make any application by letter immediately before issuing the writ, but frequent applications had been made before, and there had been repeated promises to pay. The writ was issued about six weeks after the election was over; but it was not issued, inconsequence of the part which Davis had taken at the election.

Two of the clerks in the office of Messrs. Nicholson and Longmore stated that on Monday, the day of the nomination, Mr. Nicholson went out on horseback before five o'clock, and that Russell Davis did not, to their knowledge, come to the office.

Mr. Nicholson's groom proved

Joseph Mosley, 34, and William Garside, were indicted for the murder of Mr. Thomas Ashton, at Werneth, on the 3rd of January, 1831.

The three first witnesses deposed merely to the cause of death of the murdered man.

William Mosley, the accomplice. I am the brother of Joseph Mosley, one of the prisoners at the bar. I have lived at Romiley, about a mile and-a-half from Mr. Ashton's, and four miles from Marple. I have been a boat-man. I knew the prisoner Garside at Marple. I remember meeting Garside and Joseph Mosley at the Stag's Head, at Marple-bridge. on the Wednesday before Mr. Ashton was shot. We had something to drink. Both of them asked me (Garside first) if I had any thing to do. I said I was out of employ, and was going over to Macclesfield to look for work. Garside said I had better stop a few days, and I should have a better job than any I could get at Macclesfield.

We agreed to

meet again on the Sunday, at Marple-bridge. I went there between twelve and one o'clock.

Garside and Mosley were there; we remained on the bridge there about half an hour. They told me they were going to meet two men on Compstall Brow, and that I must go with them. While we were standing on the bridge we saw Samuel Middleton and Jones. We went to Compstall Brow, that is not far from Werneth Low, a high hill. We met two men, one was called either Scholfield or Stanfield. I knew them by sight before; Scholfield was a joiner. Joseph Mosley told me to stand a little on one side, while he and Garside talked together with the other two. I did not hear all that was said, but I heard something about "the Unions." They talked together about half an hour. After the other men went away, Garside and Joseph Mosley said, that they had agreed with those two men, that they were to shoot one of the Mr. Ashtons. I said, what was it for and they said, because of the turn-out Unions. I asked what they were to have for it? and they said 101. They asked me to meet them for that purpose the next day, at Wright's Tower, or if not there, at the Gravel-pits. I at first refused, but was persuaded to consent. On the Monday, about four o'clock, I set out from Romiley to go to the place appointed. I overtook a man named George Parkinson; he walked with me as far as his own house. I did not find the prisoners at Wright's Tower, and went on to the Gravel-pits, where I found them. They had each a pistol loaded; one large, like a horse pistol, and the other a small one. Garside had the large pistol; the small pistol had a bright

We met a

barrel. Garside had on a darkcoloured coat (jacket), dark brown cloth trousers, and waistcoat the same. Joseph Mosley was dressed in a dark-coloured waistcoat, and a light coloured coat, like a long shooting coat. I was dressed in a pair of woollen cord breeches, yellow-striped kerseymere waiscoat, and round cloth jacket, which reached about the knees. I had on a hairy cap. While we were at the Gravel-pits, we saw Samuel Taylor, the farmer. Both of them said we were to go round by the turnpike, and along the lane towards Mr. Ashton's factory. When we were going we met several persons. Garside and I changed shoes. He put on one of mine, which had strong nails in it. We changed my cap for his hat. man, and in about twenty or thirty yards more we met a little girl; we also met a boy with a lantern, and after him a man. Joseph went across the road and looked him in the face. Garside asked Joseph if he knew him, and Joseph said no, he did not. went over the hedge on the right hand side of the lane, and Joseph and Garside went through the Clap-gate into the field on the other side, through which the private road to Mr. Ashton's runs. The ground on the side I was on was higher than the other. could see them sitting down together at the back of the ditch, waiting for Mr. Ashton. Shortly afterwards some one came along the footpath towards the mill, and through the Clap-gate. Garside got up from the ditch before the man got through the Clap-gate; he pointed the piece towards the man, and he gave way and fell

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back; Garside then fired. The man might have got twenty yards from the Clap-gate when the shot was fired; the man who was shot fell across the road. When the shot was fired, we all ran away to the canal-bridge near the factory, where we agreed to meet. I went by myself over the fields; they were standing on the bridge, when I met them; Garside had the pistol in his hand. I asked if the man was dead? He said, "Yes, dead enough. He never stirred after." There was a man coming along the towing-path by the canal side, and we stooped down under the battlement of the bridge, to prevent him seeing us. After he passed, we all went away together. I asked which of the Ashtons they shot, and they said it did not mean (matter) which, it was one of them. They appointed for me to meet them the next day at the Bull's Head, at Marple, and we parted. I slept that night in a boat of J. Bennett's, of Hatherlow; I saw them about dinner-time on the 5th of January; it was agreed, that I was to go to the seventh lock on the canal, if I did not find them at the Bull's Head. That was to receive my share of the money; we did meet at the Bull's Head, and the man I have before named, James Scholfield, or Stanfield, was there. He said he had settled with the other two, and he would settle with me; he then pulled out three sovereigns; I would take only two, saying I would be content with that. They then signed a book, and I put my mark to it. I cannot read. We then all went down on our knees, and holding a knife one over the other, said, one after another, "We

wished God might strike us dead, if we ever told." The man who paid the money did it first, and then Garside.

In his cross-examination this wit ness admitted, that, before he made the confession, he had heard the witnesses before the Magistrates describe the dress of the men who were met in the lane, and some other particulars, which were now relied upon as a confirmation of his evidence; and it appeared that the account given by him now of the circumstances at the scene of the murder (the relative situations of himself and the others concerned, &c.) differed from his statement before the magistrates in some particulars.

Mr. John Stavely Barratt: I am deputy constable of Stockport. I apprehended Joseph Mosley on the 13th of April. I told him the charge. He said he knew nothing about it, for he was from home at the time, on a journey from Chester to Liverpool, and that he never heard of it until his return home at the latter end of the week.

The prisoner, Joseph Mosley, here denied that he had said so in reference to the charge about Mr. Ashton, but with reference to the other felonies which Mr. Barratt said the prisoner Garside, who was then in Derby gaol, charged Mosley with having committed. He also declared that Mr. Barratt had visited his brother in gaol, and given him money repeatedly to induce him to make a statement.

Questions on these points were put by the learned judge, to Mr. Barratt, who distinctly repeated that Mosley said so with reference to the charge of Mr. Ashton's murder. Mr. Barratt was then questioned at considerable length by his lordship