HL Deb 09 May 1834 vol 23 c778

The House proceeded with the examination of witnesses on the Warwick Borough Bill.

Lord Durham

stated, that he wished to inform the House that a difficulty had arisen with regard to the serving of the process of that House upon certain persons at Warwick, whose evidence it was desirable to obtain, and he wished the House to adopt measures to enforce it.

Mr. Butt,

the Deputy Sergeant-at-Mace, was then examined. He stated, that he had received a letter from his son, who acted as his deputy, and who had proceeded to Warwick to serve the process of the House upon the three principal witnesses in the case, named Dingley, Oram, and——, in which he stated that they kept out of the way, that the doors of their houses were closed, that he could not obtain admission to serve the warrant upon them, and that Dingley's daughter was in his house, but that knowing his (the messenger's) business, she would not open the door

The Lord Chancellor

inquired whether any resistance had been offered?

The witness stated, that the messenger was unable to obtain admission to serve the process.

The Lord Chancellor

said, that was not enough. They must have the messenger himself at the Bar, and even then his evidence, if it went no further than the statement in his letter, would not be enough. There must be a case of resistance to the process of the House made out, in order to call for the interference of their Lordships in a summary way, by issuing warrants for the apprehension of those persons.

Lord Durham

did not then see what was to be done under such circumstances. Those were the three principal witnesses in the case with regard to whose conduct the evidence of all those who had been already examined mainly turned, and it appeared that they kept out of the way. The fact was, that they also kept out of the way the whole time that the Committee of the other House was taking evidence on this Bill, and they returned to their homes the moment that the Committee had concluded its sitting.

The Lord Chancellor

said, they could not help it. They must find those persons out; they could not issue blank warrants.

Lord Durham

Then there is no way for enforcing the process of this House, if witnesses choose to keep out of the way.

The Conversation dropped.