728. WILLIAM HOPKINS proceedingsdefend was indicted for wilful and corrupt perjury, in swearing on the 25th of July at a court of hustings duly held for the election of a Chamberlain of the city of London, before George Hayley < no role > , Esq; and Nathaniel Newnham < no role > , Esq; sheriffs of London, that he the said William Hopkins < no role > had not polled before at that election, whereas in truth and in fact he had polled before at that election .

' EDWARD BOXLEY < no role > , a clerk in the town

'clerk's office, produced the books containing

'an account of the proceedings at the common-hall

'on Michaelmas Day 1775.

[The entries were read.]

' SAMUEL SMITH < no role > , one of the poll clerks

'on Midsummer Day last, produced the original

'poll book, which he deposed was wrote

'and signed every leaf by himself: the entry of

'Mr. Hopkins having polled on the 24th of

'June, the first day of the poll, was read:

'the witness deposed, that he knew Mr.

'Hopkins's person; that he remembered his

'polling, and that he administered to him the

'usual oath.'

'On his cross examination he deposed, that

'he took particularly notice of the manner

'of Mr. Hopkins's polling; that there was a

'little step by the place where the poll is

'taken; that he got upon that step, and that

'after he had polled, he vaulted a little from

'that step and mixed with other gentlemen in

'the hall.'

'Mr. JOHN MERRY < no role > deposed, that he

'attended the election of chamberlain and

'saw Mr. Hopkins come and poll on the first

'day; that he took notice of it, because he

'had heard that the court of assistants of

'the joiners company were inclined to give

'the use of their hall to Mr. Hopkins's

'friends; on that account he thought the

'defendant would be neuter, but seeing

'him poll, he went to see who he polled

'for.'

'Mr. Merry on his cross examination said,

'that he afterwards saw the defendant having ' hold of Mr. Deputy Judd's arm going into

'Cooper's-hall; that Mr. Hopkins appeared

'to him to be sober, and to argue as a reasonable

'man upon the point of his security;

'that there did not appear to him to be the

'least sign of his having drank too much

'liquor.'

' JOSHUA STAFFORD < no role > , one of the poll

'clerks, deposed, that he was sworn to take

'the poll, which began on the 24th of June,

'and was adjourned to the next day; that

'he took the defendant's poll on the 25th of

'June, and administered the usual oath to

'him.'

'- ALROYD, a check clerk to Joshua

'Stafford's book, deposed, that he saw the

'defendant come to Mr. Stafford's book, and

'poll on the second day.

'On his cross examination he said, he believed

'the defendant was very sober, that he

'answered every thing very peaceably and

'quietly; that after he had polled, the witness

'told the defendant that he thought he

'had polled before.'

'Mr. THOMAS MUNDAY < no role > deposed, that

'he had known the defendant some years; that

'he attended at the election of chamberlain

'at Guildhall ; that he saw the defendant

'poll for Mr. Wilkes on the 24th; that he

'was likewise at Guildhall on the 25th,

'talking with Mr. Hopkins, the chamberlain,

'a little after two o'clock, when he saw the

'defendant come up the hall; that the witness

'said to Mr. Hopkins, here is your namesake

'coming that polled yesterday against

'you; that he saw the defendant come up to

'Stafford's book, and take the Testament in

'his hand, upon which the witness said, surely

'he is not going to poll again? he polled

'yesterday; that Mr. Hopkins said, may-be

'you are mistaken; to which he replied, he

'was certain he was not mistaken.'

'On his cross examination he said, he was

'on the hustings when the defendant polled

'the second time, as near to him as he was to

'the counsel; that while he was speaking to

'the chamberlain about it, the defendant took

'the oath, and it was over; that he would

'have stopped him, but the chamberlain said,

'don't make any noise, you may have made a

'mistake.'

'Mr. JAMES FISHER < no role > , clerk of the joiners

'company, produced the books of the company,

'and pointed out the entry of Mr.

'Hopkins's admittance into the livery in 1736.'

'On his cross examination he said, the defendant

'of late years has been very much

'addicted to extreme drunkenness; that he

'had frequently seen him drunk to the deprivation

'of his senses; that when he has drunk

'a little he is a perfect madman, and quite

'insensible of what he does; that he has taken

'care of him of an evening, and taken him

'home in an hackney coach, and that when

'he has set him down, he has not known

'where he was.'

' GEORGE PARKER < no role > , a clerk in the chamberlain's

'office, produced the chamberlain's

'book, containing an entry of the admission

'of William Hopkins < no role > to his freedom in 1746,

'which was read.'

Mr. FISHER. I will take upon me to say, that entry does not respect the defendant.

FOR THE DEFENDANT.

'Mr. JOSHUA PAWLIN < no role > deposed, that

'he had known the defendant thirty-eight

'years; that he is very much given to drinking,

'that it so much affects his understanding,

'that he is not conscious one day of

'what he has done the preceding day; that he

'came to his house with Mr. Season on the

'24th of June about four o'clock; that he then

'seemed very lively, as if he had drank some

'liquor; that he asked him if he would go

'and poll, he declined, and asked him to sit

'down; that he said, aye, if you will give us

'any thing to drink; that he had a bowl of

'punch made, and after the punch they had

'a bottle of port wine; that the defendant

'drank about half of both the punch and

'wine; that when he was going away, he

'filled a glass of wine to each of them; that

'he and the other gentlemen refused their

'glasses, and the defendant drank them all

'three, and another after that; that the

'other gentleman took him by the arm and

'put him into his carriage; that the witness

'was persuaded that in the condition he was

'in when he left his house, he was not fit to

'have an oath administered to him; that the

'bowl of punch was about the size of a half

'crown bowl, and made very good.'

' Mr. JOSEPH SEASON < no role > deposed, that

'Mr. Hopkins came to his house on the 24th

'of June in the morning; that they had a

'bottle of madeira; that he asked him to stay

'dinner with him, which he did; that they

'had a quart of porter with their dinner;

'that after dinner they had two or three bottles

'of hock, he thought three, of which Mr.

'Hopkins drank very freely; that the hock

'was very good, and the defendant seemed to

'enjoy it exceedingly; that after they had

'drank the hock, he went with him in the

'chariot to Mr. Pawlin's, whose evidence he

'confirmed; that they staid there an hour or

'better; that he took him by the arm and

'put him into the chariot, and they went together

'to Guildhall; that he was exceeding

'drunk when he came out of the chariot; that

'he laid hold of his arm, and they went up

'to poll; that the defendant walked about

'with his cane, hallooing and crying, Wilkes

'for ever; that after he had polled, a gentleman

'asked the defendant to go to Cooper's-hall,

'which was opened for Mr. Hopkins;

'that the defendant went rolling in, crying,

'Wilkes for ever; that they were ushered into

'the court of assistants room; that he went

'round the hall crying out, Wilkes for ever;

'that the fellows that gave out the bills were

'for husseling him; but Mr. Deputy Judd, or

'some other gentleman, insisted that he should

'not be used ill; that they got him into his

'carriage, and took him to his house again,

'and gave him several cups of tea to bring

'him round again; that after he had had the

'tea, he would have some punch made; that

'they had a pint china mug filled with arrack

'punch, and he drank plentifully of it; that

'after that the witness saw him safe into his

'carriage; that he told him he was going to

'Wanstead, but that he went to Newington

'Green.'

'Mr. THOMAS GATES < no role > the city-marshal

'deposed, that he knew the defendant very

'well; that he saw him the first day of the

'poll, and then looked upon him to be very

'much in liquor; that he used him the witness

'very ill at that time; that he had been

'a very disorderly man at all elections; the

'witness said, that he saw the defendant again

'on the Tuesday, but thought he was not so

'far gone then as he was the day before; that

'the defendant was endeavouring to make a

'rhyme, he said, he that did not poll, had no

'foul, or something like that.'

' ELIZABETH BANGOR < no role > deposed, that

'she was on a visit at the defendant's house at

'Wanstead; that on Monday the 24th of

'June the defendant came home at night so

'exceedingly intoxicated, that he could not

'stand, and that the servant brought him out

'of his carriage in his arms to his chamber,

'where Mrs. Hopkins and the servant undressed

'him; that he was very much in

'liquor when he got up the next morning;

'that he drank two dishes of tea, but they

'could not persuade him to eat any thing,

'and that he drank three quarters of a pint of

'madeira before he left his own house; that

'he went from home about eight o'clock, and

'the witness did not see him any more till the

'evening.'

' THOMAS COX < no role > deposed, that he saw the

'defendant on the 24th and 25th of June,

'and that he appeared to be fuddled both

'days; that he had heard it reported that

'when he was in liquor, he was apt to forget

'what passed the day before, but that he was

'never in his company.'

' ARTHUR JONES < no role > , Esq; deposed, that

'he had known the defendant seven years,

'but had dropped his acquaintance for the

'last nine months, because the defendant

'seemed to have lost all reasonable faculties;

'that he thought him a dangerous acquaintance,

'and therefore forbid him his house:

'Mr. Jones said, his opinion of the defendant

'was, that he was a madman when drunk,

'and almost an idiot when sober.'

' JOSEPH BIFFIN < no role > deposed, that he had

'known the defendant twenty years; that he

'was very much addicted to drinking; that

'he had left a considerable sum of money with

'the witness over night, and knew nothing of

'it the next day.'

' ANN COLE < no role > , servant to the defendant, deposed,

'that he came home on Monday night

'the 24th of June very drunk; that he was

'incapable of undressing himself; that he

'could neither talk nor walk; that they

'were forced to strip him and throw him into

'bed; that he was as bad on the Tuesday;

'that he was drunk when he set out in the

'morning, and drunk all the week.'

NOT GUILTY .