SIR CHARLES BURRELL. (Hansard, 25 July 1836)

§ Mr. Benett

requested the patience of hon. Members on a matter relating to his personal character; which, though not of any importance to the House, was of some consequence to the ends of justice. He had 520 been informed by letters from his friends, as well as by reports in the newspapers, that while he was absent attending the assizes, and upon other business, Mr. Nicholas Wilcox Cundy had been brought to the Bar. There he underwent a long examination, and made certain answers to questions put by the Speaker and by other Members. He held those answers in his hand, and he begged the House to allow him briefly to go over them, that he might show how incorrect and void of truth some of them were. If he did not take this course, he knew not how he could do more than repeat what he had strongly stated in his letter to Sir Charles Burrell. Mr. Cundy had been asked, whether he had solicited the attendance of any Member on the third reading of the Brighton Railway Bill, and had replied in the negative; when the fact was, that he had called upon him (Mr. Benett) and solicited his attendance. No such conversation took place, as had been mentioned by Mr. Cundy, on the Southwestern Railroad; but he had canvassed him (Mr. Benett) to be in his place, and informed him of reports of which he (Mr. Benett) was until then ignorant; and the conversation was commenced by Mr. Cundy. He declared most solemnly, that he had never heard any reports respecting the compensation to be given to landowners on the Brighton Railroad; and that he never asked Mr. Cundy any questions regarding them. Mr. Cundy had never spoken of compensation for "navigation;" but had said, that for about six acres of land, Sir Charles Burrell was to receive 15,000l. This sum, he asserted, was to be given as a bribe to induce him to support Stephenson's line; which he had done accordingly with the utmost zeal. In his examination at the Bar, Mr. Cundy had introduced the name of the Duke of Norfolk; but he had not heard Mr. Cundy speak of that nobleman, and did not know that he had the slightest interest in the question: not one word on the subject had passed between him and Mr. Cundy. On the point of tampering with the Committee, Mr. Cundy distinctly stated, that the majority had been obtained by tampering; and added, that the chairman of the Committee was a most partial person, because he was connected with the Duke of Richmond, whose interest it was, that Stephenson's line should be adopted. In consequence of what Mr. Cundy had 521 asserted, he (Mr. Benett) had asked Sir Charles Burrell whether he was to receive any and what compensation; and Sir Charles had informed him, that he was to be paid for a few acres of land, but that he did not know the sum; and that his remuneration would not altogether amount to 3,000l. On the morning after he had seen Sir Charles Burrell in the lobby of the House of Lords, Mr. Cundy called again upon him (Mr. Benett), when he said that, as what he (Mr. Cundy) had told him respecting Sir Charles Burrell was not true, he would have no farther conversation with him. Mr. Cundy entreated him to hear what he had to say. He had answered, that he had heard that he (Mr. Cundy) had denied to Sir C. Burrell in the lobby of the House of Lords, what he had stated to him (Mr. Benett). Mr. Cundy's reply was, "I did not deny it—I avowed my belief in the truth of it;" and from thence he went over the circumstances, the principal of which was, that Sir Charles Burrell was to receive 15,000l., another landowner 20,000l., and two others 8,000l. each. "The whole of this," he said, "is true; but the case will come before the Committee of the House of Peers, where it will be investigated, and there justice will be done." He (Mr. Benett) most positively and solemnly asserted that these were the words used by Mr. Cundy. Other things in the evidence of Mr. Cundy were contrary to the fact, but it was not necessary to advert to them; and he could assure the House, that instead of overstating the case in his letter to Sir Charles Burrell, he had understated it, and nothing on earth should ever induce him to overstate. He did not at any time wish to bring an individual to the Bar of the House, for words spoken of himself; it was a tribunal of which, however powerful, he did not approve; and he wanted nothing upon the present occasion but to show the House and the country that he had not misrepresented Mr. Cundy. He had been exceedingly cautious to understate the case to Sir Charles Burrell, and did not mention any persons but himself. If the report had gone no farther than this House, he should not have thought it necessary to detain hon. Members upon a merely personal matter, for he was sure that not one of those who surrounded him would think him capable of misrepresenting. Neither did he think that where Mr. Cundy was 522 known, his assertions would have much weight. He had considered it his duty to make this statement as early as possible, since it had gone out to the country that he had overstated the case against Mr. Cundy; and where his character was not known, it might possibly suffer, even from the evidence of a man who had imprisonment before his eyes, if he did not contradict that with which he was charged. He might regret, that as Mr. Cundy's evidence was on the Journals, his (Mr. Benett's) refutation would not also be recorded there; but he did not wish again to have Mr. Cundy at the Bar, or subjected to punishment for what he had said of him.