HC Deb 19 June 1863 vol 171 cc1223-5
MR. BAINES

said, he would move the adjournment of the House. He agreed with the hon. Member for Knaresborough that a prosecution ought to be instituted, but he thought that at that hour (a quarter to two) the subject was too serious to be undertaken. He understood that the Chairman of the Committee which unseated Mr. Barbour did not think that one of the parties named ought to prosecuted.

MR. WYKEHAM MARTIN

seconded the Motion.

MR. COLLINS

said, a private Member had no chance of bringing on such a question except by waiting till two o'clock in the morning. He was prepared to go on, and he thought he should be able to induce the House to agree to his Motion.

Motion made, and Question put, "That this House do now adjourn."—(Mr. Baines.)

The House divided:—Ayes 19; Noes 142: Majority 123.

MR. COLLINS

said, he then rose to move that Mr. Attorney General for Ireland should be instructed to prosecute John Doherty Barbour, Robert Barbour, and Thomas Barbour, for bribery, treating, and undue influence, committed by them at the late election for the Borough of Lisburn. The Committee had reported that John Doherty Barbour and his partners, the other two Gentlemen named in the Resolution, had been guilty of bribery, treating, and undue influence. It appeared from the evidence that Messrs. Barbour, who were great manufacturers, had a large mill at a short distance from Lisburn, in which they collected a number of voters and retained them there for eleven or twelve days, eating, drinking, dancing, fiddling, and card-playing. The premises were watched from nine at night until six in the morning, by three men with loaded guns, and none of the persons were allowed to leave the place. One man had no vote, but he was retained, as found by the Committee, in order to induce him to personate his late father. All the three persons against whom he desired the House to direct the prosecution, were, by the evidence taken before the Committee, directly connected with these proceedings. Thomas Barbour visited the mill, and spoke to the persons who were confined it it. Robert Barbour himself induced the non-voter to go the factory, and offered to remunerate him if he would personate his father and vote for John Doherty Barbour. He had also offered to purchase the land of a voter, and provide for his son and daughter. He was not a purist in these matters, but that was a gross and flagrant case, and in his opinion the House had no alternative but to prosecute these three persons.

Motion made, and Question proposed, That Mr. Attorney General for Ireland be instructed to prosecute John Doherty Barbour, Robert Barbour, and Thomas Barbour, for bribery, treating, and undue influence committed by them at the late Election for the Borough of Lisburn.—(Mr. Collins.)

Motion made, and Question proposed, "That the Debate be now adjourned."—(Mr. Bagwell.)

SIR GEORGE GREY

said, he hoped that the Chairman of the Committee would be allowed to make the statement which he believed he was prepared to submit to the House.

Motion, by leave, withdrawn.

Question again proposed.

MR. EVANS

said, that he was Chairman of the Committee which tried the Petition, and he was quite prepared to support the Motion for the prosecution of John Doherty Barbour and Robert Barbour, but he should move the omission from the Resolution of the name of Thomas Barbour. Mr. Thomas Barbour was no friend of his, but the reason why he thought it undesirable to prosecute him was that he did not think that there would be the slightest chance of obtaining his conviction. The only evidence against him appeared to be a conversation with a non-elector; and he believed that the other members of the Committee agreed with him that it was not desirable that Thomas Barbour should be prosecuted. He would therefore move the omission of the name of Thomas Barbour from the Motion.

Amendment proposed, to leave out the words "Thomas Barbour."—(Mr. Evans.)

THE SOLICITOR GENERAL

said, he thought the dignity of the House would not be promoted by directing the prosecution of a person against whom the evidence was so slight as to make it improbable that there would be a conviction. In the case of John Doherty Barbour and Robert Barbour, he thought, that if the evidence which had been obtained against them was not negatived by other testimony, convictions probably would be obtained; but he did not anticipate any such result against Thomas Barbour. The evidence against that gentleman had been somewhat overstated by the hon. Member for Knares-borough, and, in his opinion, it would not be desirable that he should be prosecuted.

MR. SCLATER-BOOTH

said, he hoped that his hon. Friend the Member for Knaresborough would accept the Amendment.

LORD ENFIELD

said, that as a Member of the Committee he wished to express his concurrence in that recommendation.

MR. COLLINS

said, he would consent to omit the name of Mr. Thomas Barbour.

Question "That the words proposed to be left out stand part of the Question," put, and negatived.

Main Question, as amended, put, and agreed to.

Resolved, That Mr. Attorney General for Ireland be instructed to prosecute John Doherty Barbour and Robert Barbour, for bribery, treating, and unduo influence committed by them at the late Election for the Borough of Lisburn.