HC Deb 10 April 1911 vol 24 cc5-8

Mr. Speaker acquainted the House that he had received the following Certificate and Report from the Judges appointed to try the several Election Petitions relating to the Election for the Borough of Cheltenham:—

In the High Court of Justice, King's Bench Division.

The Corrupt and Illegal Practices Prevention Act, 1883.

Election for the Borough of Cheltenham, holden on the 5th day of December, 1910.

Between Edward Powell Smythies and John Richard Baker Claridge…Petitioners,

and

Richard Mathias … … … Respondent.

To the Right Honourable the Speaker of the House of Commons.

We, Sir Arthur Moseley Channell, Knight, and Sir Thomas Townsend Bucknill, Knight, Judges of the Hight Court of Justice, and two of the Judges on the rota for the time being for the trial of Election Petitions in England and Wales, do hereby certify in pursuance of the said Act that upon the 28th, 29th, 30th, and 31st days of March, 1911, we duly held a Court at the county court, Cheltenham, for the trial of and did try the Election Petition for the borough of Cheltenham, in the county of Gloucester, between Edward Powell Smythies and John Richard Baker Claridge, Petitioners, and Richard Mathias, Respondent.

And in further pursuance of the said Act we certify that, at the conclusion of the

said trial, we determined that the said Richard Mathias, being the Member whose election and return were complained of in the said Petition, was not duly elected and returned, and we do hereby certify in writing such our determination to you.

And whereas charges were made in the said Petition of corrupt and illegal practices having been committed at the said Election. We in further pursuance of the said Act report as follows:—

  1. (1) That no corrupt or illegal practice was proved to have been committed by or with the knowledge and consent of any candidate at the said election;
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  2. (2) That Frank Evans Kessell was proved to have been guilty of the corrupt practice of having, as election agent for the Respondent, knowingly made the declaration required by Section 33 of the Corrupt and Illegal Practices Prevention Act, 1883, falsely, and of the illegal practices of having, as such election agent as aforesaid, not transmited to the returning officer a true return respecting his expenses at the said election, and of having, as such election agent as aforesaid, knowingly paid sums and incurred expenses before, during, and after the said Election on account of, or in respect of, the conduct or management of such election in excess of the maximum amount in that behalf specified in the First Schedule to the said Act.
  3. (3) That there is no reason to believe that corrupt or illegal practices have extensively prevailed at the said Election;
  4. (4) That the said Richard Mathias was guilty by his election agent of the corrupt practice of having knowingly made the declaration required by Section 33 of the Corrupt and Illegal Practices Prevention Act, 1883, falsely;
  5. (5) That certificates of indemnity have been furnished to the said Frank Evans Kessell and to the persons found guilty of the above-mentioned illegal practices whose names appear in Part I. of the Second Schedule hereto.

A Copy of the Evidence and of our Judgments, taken by the Deputies of the Shorthand Writer of the House of Commons, accompanies this our Certificate.

The First Schedule.

Part I.

Name of person guilty of having voted at the Election knowing that he was prohibited by the Representation of the People Act, 1867, from voting at such Election:—

Arthur Charles Castle.

Part II.

Names of persons guilty of having knowingly made payments or contracts for payment on account of the conveyance of electors to and from the poll:—

The Second Schedule.

Part I.

Names of persons who have been furnished with Certificates of Indemnity:—

Part II.

Name of person who has not been furnished with a Certificate of Indemnity:—

Edwin Bick.

Dated this 7th day of April, 1911.

ARTHUR M. CHANNELL.

T. T. BUCKNILL.

And the said Certificate and Report were ordered to be entered in the Journals of this House.

Copy of Shorthand Writer's Notes laid upon the Table by Mr. Speaker.