<div1 type="trialAccount" id="t17760911-93"> <interp inst="t17760911-93" type="collection" value="BAILEY"></interp>
<interp inst="t17760911-93" type="uri" value="sessionsPapers/17760911"></interp>
<interp inst="t17760911-93" type="after" value="17760911"></interp>
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<join result="criminalCharge" id="t17760911-93-off448-c756" targOrder="Y" targets="t17760911-93-defend963 t17760911-93-off448 t17760911-93-verdict451"></join>
<p>728. <rs type="persName" id="t17760911-93-defend963"> <interp inst="t17760911-93-defend963" type="role" value="proceedingsdefend"></interp>
WILLIAM HOPKINS <interp inst="t17760911-93-defend963" type="surname" value="HOPKINS"></interp>
<interp inst="t17760911-93-defend963" type="given" value="WILLIAM"></interp>
<interp inst="t17760911-93-defend963" type="gender" value="male"></interp>
</rs>
was indicted for <rs id="t17760911-93-off448" type="offenceDescription"> <interp inst="t17760911-93-off448" type="offenceCategory" value="deception"></interp>
<interp inst="t17760911-93-off448" type="offenceSubcategory" value="perjury"></interp>
wilful and corrupt perjury, in swearing on the <rs id="t17760911-93-cd449" type="crimeDate">25th of July</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17760911-93-off448 t17760911-93-cd449"></join>
at a court of hustings duly held for the election of a Chamberlain of the city of London, before <rs type="persName" id="t17760911-93-person964"> <interp inst="t17760911-93-person964" type="role" value=""></interp>
George Hayley <interp inst="t17760911-93-person964" type="surname" value="Hayley"></interp>
<interp inst="t17760911-93-person964" type="given" value="George"></interp>
<interp inst="t17760911-93-person964" type="gender" value="male"></interp>
</rs>
, Esq; and <rs type="persName" id="t17760911-93-person965"> <interp inst="t17760911-93-person965" type="role" value=""></interp>
Nathaniel Newnham <interp inst="t17760911-93-person965" type="surname" value="Newnham"></interp>
<interp inst="t17760911-93-person965" type="given" value="Nathaniel"></interp>
<interp inst="t17760911-93-person965" type="gender" value="male"></interp>
</rs>
, Esq; sheriffs of London, that he the said <rs type="persName" id="t17760911-93-person966"> <interp inst="t17760911-93-person966" type="role" value=""></interp>
William Hopkins <interp inst="t17760911-93-person966" type="surname" value="Hopkins"></interp>
<interp inst="t17760911-93-person966" type="given" value="William"></interp>
<interp inst="t17760911-93-person966" type="gender" value="male"></interp>
</rs>
had not polled before at that election, whereas in truth and in fact he had polled before at that election </rs>
.</p>
<p>' <rs type="persName" id="t17760911-93-person967"> <interp inst="t17760911-93-person967" type="role" value=""></interp>
EDWARD BOXLEY <interp inst="t17760911-93-person967" type="surname" value="BOXLEY"></interp>
<interp inst="t17760911-93-person967" type="given" value="EDWARD"></interp>
<interp inst="t17760911-93-person967" type="gender" value="male"></interp>
</rs>
, a clerk in the town</p>
<p>'clerk's office, produced the books containing</p>
<p>'an account of the proceedings at the common-hall</p>
<p>'on Michaelmas Day 1775.</p>
<p>[The entries were read.]</p>
<p>' <rs type="persName" id="t17760911-93-person968"> <interp inst="t17760911-93-person968" type="role" value=""></interp>
SAMUEL SMITH <interp inst="t17760911-93-person968" type="surname" value="SMITH"></interp>
<interp inst="t17760911-93-person968" type="given" value="SAMUEL"></interp>
<interp inst="t17760911-93-person968" type="gender" value="male"></interp>
</rs>
, one of the poll clerks</p>
<p>'on Midsummer Day last, produced the original</p>
<p>'poll book, which he deposed was wrote</p>
<p>'and signed every leaf by himself: the entry of</p>
<p>'Mr. Hopkins having polled on the 24th of</p>
<p>'June, the first day of the poll, was read:</p>
<p>'the witness deposed, that he knew Mr.</p>
<p>'Hopkins's person; that he remembered his</p>
<p>'polling, and that he administered to him the</p>
<p>'usual oath.'</p>
<p>'On his cross examination he deposed, that</p>
<p>'he took particularly notice of the manner</p>
<p>'of Mr. Hopkins's polling; that there was a</p>
<p>'little step by the place where the poll is</p>
<p>'taken; that he got upon that step, and that</p>
<p>'after he had polled, he vaulted a little from</p>
<p>'that step and mixed with other gentlemen in</p>
<p>'the hall.'</p>
<p>'Mr. <rs type="persName" id="t17760911-93-person969"> <interp inst="t17760911-93-person969" type="role" value=""></interp>
JOHN MERRY <interp inst="t17760911-93-person969" type="surname" value="MERRY"></interp>
<interp inst="t17760911-93-person969" type="given" value="JOHN"></interp>
<interp inst="t17760911-93-person969" type="gender" value="male"></interp>
</rs>
deposed, that he</p>
<p>'attended the election of chamberlain and</p>
<p>'saw Mr. Hopkins come and poll on the first</p>
<p>'day; that he took notice of it, because he</p>
<p>'had heard that the court of assistants of</p>
<p>'the joiners company were inclined to give</p>
<p>'the use of their hall to Mr. Hopkins's</p>
<p>'friends; on that account he thought the</p>
<p>'defendant would be neuter, but seeing</p>
<p>'him poll, he went to see who he polled</p>
<p>'for.'</p>
<p>'Mr. Merry on his cross examination said,</p>
<p>'that he afterwards saw the defendant having<xptr type="pageFacsimile" doc="177609110088"></xptr>
' hold of Mr. Deputy Judd's arm going into</p>
<p>'Cooper's-hall; that Mr. Hopkins appeared</p>
<p>'to him to be sober, and to argue as a reasonable</p>
<p>'man upon the point of his security;</p>
<p>'that there did not appear to him to be the</p>
<p>'least sign of his having drank too much</p>
<p>'liquor.'</p>
<p>' <rs type="persName" id="t17760911-93-person970"> <interp inst="t17760911-93-person970" type="role" value=""></interp>
JOSHUA STAFFORD <interp inst="t17760911-93-person970" type="surname" value="STAFFORD"></interp>
<interp inst="t17760911-93-person970" type="given" value="JOSHUA"></interp>
<interp inst="t17760911-93-person970" type="gender" value="male"></interp>
</rs>
, one of the poll</p>
<p>'clerks, deposed, that he was sworn to take</p>
<p>'the poll, which began on the 24th of June,</p>
<p>'and was adjourned to the next day; that</p>
<p>'he took the defendant's poll on the 25th of</p>
<p>'June, and administered the usual oath to</p>
<p>'him.'</p>
<p>'- ALROYD, a check clerk to Joshua</p>
<p>'Stafford's book, deposed, that he saw the</p>
<p>'defendant come to Mr. Stafford's book, and</p>
<p>'poll on the second day.</p>
<p>'On his cross examination he said, he believed</p>
<p>'the defendant was very sober, that he</p>
<p>'answered every thing very peaceably and</p>
<p>'quietly; that after he had polled, the witness</p>
<p>'told the defendant that he thought he</p>
<p>'had polled before.'</p>
<p>'Mr. <rs type="persName" id="t17760911-93-person971"> <interp inst="t17760911-93-person971" type="role" value=""></interp>
THOMAS MUNDAY <interp inst="t17760911-93-person971" type="surname" value="MUNDAY"></interp>
<interp inst="t17760911-93-person971" type="given" value="THOMAS"></interp>
<interp inst="t17760911-93-person971" type="gender" value="male"></interp>
</rs>
deposed, that</p>
<p>'he had known the defendant some years; that</p>
<p>'he attended at the election of chamberlain</p>
<p>'at <rs type="placeName" id="t17760911-93-crimeloc450">Guildhall</rs>
<interp inst="t17760911-93-crimeloc450" type="placeName" value="Guildhall"></interp>
<join result="offencePlace" targOrder="Y" targets="t17760911-93-off448 t17760911-93-crimeloc450"></join>
; that he saw the defendant</p>
<p>'poll for Mr. Wilkes on the 24th; that he</p>
<p>'was likewise at Guildhall on the 25th,</p>
<p>'talking with Mr. Hopkins, the chamberlain,</p>
<p>'a little after two o'clock, when he saw the</p>
<p>'defendant come up the hall; that the witness</p>
<p>'said to Mr. Hopkins, here is your namesake</p>
<p>'coming that polled yesterday against</p>
<p>'you; that he saw the defendant come up to</p>
<p>'Stafford's book, and take the Testament in</p>
<p>'his hand, upon which the witness said, surely</p>
<p>'he is not going to poll again? he polled</p>
<p>'yesterday; that Mr. Hopkins said, may-be</p>
<p>'you are mistaken; to which he replied, he</p>
<p>'was certain he was not mistaken.'</p>
<p>'On his cross examination he said, he was</p>
<p>'on the hustings when the defendant polled</p>
<p>'the second time, as near to him as he was to</p>
<p>'the counsel; that while he was speaking to</p>
<p>'the chamberlain about it, the defendant took</p>
<p>'the oath, and it was over; that he would</p>
<p>'have stopped him, but the chamberlain said,</p>
<p>'don't make any noise, you may have made a</p>
<p>'mistake.'</p>
<p>'Mr. <rs type="persName" id="t17760911-93-person972"> <interp inst="t17760911-93-person972" type="role" value=""></interp>
JAMES FISHER <interp inst="t17760911-93-person972" type="surname" value="FISHER"></interp>
<interp inst="t17760911-93-person972" type="given" value="JAMES"></interp>
<interp inst="t17760911-93-person972" type="gender" value="male"></interp>
</rs>
, clerk of the joiners</p>
<p>'company, produced the books of the company,</p>
<p>'and pointed out the entry of Mr.</p>
<p>'Hopkins's admittance into the livery in 1736.'</p>
<p>'On his cross examination he said, the defendant</p>
<p>'of late years has been very much</p>
<p>'addicted to extreme drunkenness; that he</p>
<p>'had frequently seen him drunk to the deprivation</p>
<p>'of his senses; that when he has drunk</p>
<p>'a little he is a perfect madman, and quite</p>
<p>'insensible of what he does; that he has taken</p>
<p>'care of him of an evening, and taken him</p>
<p>'home in an hackney coach, and that when</p>
<p>'he has set him down, he has not known</p>
<p>'where he was.'</p>
<p>' <rs type="persName" id="t17760911-93-person973"> <interp inst="t17760911-93-person973" type="role" value=""></interp>
GEORGE PARKER <interp inst="t17760911-93-person973" type="surname" value="PARKER"></interp>
<interp inst="t17760911-93-person973" type="given" value="GEORGE"></interp>
<interp inst="t17760911-93-person973" type="gender" value="male"></interp>
</rs>
, a clerk in the chamberlain's</p>
<p>'office, produced the chamberlain's</p>
<p>'book, containing an entry of the admission</p>
<p>'of <rs type="persName" id="t17760911-93-person974"> <interp inst="t17760911-93-person974" type="role" value=""></interp>
William Hopkins <interp inst="t17760911-93-person974" type="surname" value="Hopkins"></interp>
<interp inst="t17760911-93-person974" type="given" value="William"></interp>
<interp inst="t17760911-93-person974" type="gender" value="male"></interp>
</rs>
to his freedom in 1746,</p>
<p>'which was read.'</p>
<p>Mr. FISHER. I will take upon me to say, that entry does not respect the defendant.</p>
<p>FOR THE DEFENDANT.</p>
<p>'Mr. <rs type="persName" id="t17760911-93-person975"> <interp inst="t17760911-93-person975" type="role" value=""></interp>
JOSHUA PAWLIN <interp inst="t17760911-93-person975" type="surname" value="PAWLIN"></interp>
<interp inst="t17760911-93-person975" type="given" value="JOSHUA"></interp>
<interp inst="t17760911-93-person975" type="gender" value="male"></interp>
</rs>
deposed, that</p>
<p>'he had known the defendant thirty-eight</p>
<p>'years; that he is very much given to drinking,</p>
<p>'that it so much affects his understanding,</p>
<p>'that he is not conscious one day of</p>
<p>'what he has done the preceding day; that he</p>
<p>'came to his house with Mr. Season on the</p>
<p>'24th of June about four o'clock; that he then</p>
<p>'seemed very lively, as if he had drank some</p>
<p>'liquor; that he asked him if he would go</p>
<p>'and poll, he declined, and asked him to sit</p>
<p>'down; that he said, aye, if you will give us</p>
<p>'any thing to drink; that he had a bowl of</p>
<p>'punch made, and after the punch they had</p>
<p>'a bottle of port wine; that the defendant</p>
<p>'drank about half of both the punch and</p>
<p>'wine; that when he was going away, he</p>
<p>'filled a glass of wine to each of them; that</p>
<p>'he and the other gentlemen refused their</p>
<p>'glasses, and the defendant drank them all</p>
<p>'three, and another after that; that the</p>
<p>'other gentleman took him by the arm and</p>
<p>'put him into his carriage; that the witness</p>
<p>'was persuaded that in the condition he was</p>
<p>'in when he left his house, he was not fit to</p>
<p>'have an oath administered to him; that the</p>
<p>'bowl of punch was about the size of a half</p>
<p>'crown bowl, and made very good.'</p>
<p> <xptr type="pageFacsimile" doc="177609110089"></xptr>
' Mr. <rs type="persName" id="t17760911-93-person976"> <interp inst="t17760911-93-person976" type="role" value=""></interp>
JOSEPH SEASON <interp inst="t17760911-93-person976" type="surname" value="SEASON"></interp>
<interp inst="t17760911-93-person976" type="given" value="JOSEPH"></interp>
<interp inst="t17760911-93-person976" type="gender" value="male"></interp>
</rs>
deposed, that</p>
<p>'Mr. Hopkins came to his house on the 24th</p>
<p>'of June in the morning; that they had a</p>
<p>'bottle of madeira; that he asked him to stay</p>
<p>'dinner with him, which he did; that they</p>
<p>'had a quart of porter with their dinner;</p>
<p>'that after dinner they had two or three bottles</p>
<p>'of hock, he thought three, of which Mr.</p>
<p>'Hopkins drank very freely; that the hock</p>
<p>'was very good, and the defendant seemed to</p>
<p>'enjoy it exceedingly; that after they had</p>
<p>'drank the hock, he went with him in the</p>
<p>'chariot to Mr. Pawlin's, whose evidence he</p>
<p>'confirmed; that they staid there an hour or</p>
<p>'better; that he took him by the arm and</p>
<p>'put him into the chariot, and they went together</p>
<p>'to Guildhall; that he was exceeding</p>
<p>'drunk when he came out of the chariot; that</p>
<p>'he laid hold of his arm, and they went up</p>
<p>'to poll; that the defendant walked about</p>
<p>'with his cane, hallooing and crying, Wilkes</p>
<p>'for ever; that after he had polled, a gentleman</p>
<p>'asked the defendant to go to Cooper's-hall,</p>
<p>'which was opened for Mr. Hopkins;</p>
<p>'that the defendant went rolling in, crying,</p>
<p>'Wilkes for ever; that they were ushered into</p>
<p>'the court of assistants room; that he went</p>
<p>'round the hall crying out, Wilkes for ever;</p>
<p>'that the fellows that gave out the bills were</p>
<p>'for husseling him; but Mr. Deputy Judd, or</p>
<p>'some other gentleman, insisted that he should</p>
<p>'not be used ill; that they got him into his</p>
<p>'carriage, and took him to his house again,</p>
<p>'and gave him several cups of tea to bring</p>
<p>'him round again; that after he had had the</p>
<p>'tea, he would have some punch made; that</p>
<p>'they had a pint china mug filled with arrack</p>
<p>'punch, and he drank plentifully of it; that</p>
<p>'after that the witness saw him safe into his</p>
<p>'carriage; that he told him he was going to</p>
<p>'Wanstead, but that he went to Newington</p>
<p>'Green.'</p>
<p>'Mr. <rs type="persName" id="t17760911-93-person977"> <interp inst="t17760911-93-person977" type="role" value=""></interp>
THOMAS GATES <interp inst="t17760911-93-person977" type="surname" value="GATES"></interp>
<interp inst="t17760911-93-person977" type="given" value="THOMAS"></interp>
<interp inst="t17760911-93-person977" type="gender" value="male"></interp>
</rs>
the city-marshal</p>
<p>'deposed, that he knew the defendant very</p>
<p>'well; that he saw him the first day of the</p>
<p>'poll, and then looked upon him to be very</p>
<p>'much in liquor; that he used him the witness</p>
<p>'very ill at that time; that he had been</p>
<p>'a very disorderly man at all elections; the</p>
<p>'witness said, that he saw the defendant again</p>
<p>'on the Tuesday, but thought he was not so</p>
<p>'far gone then as he was the day before; that</p>
<p>'the defendant was endeavouring to make a</p>
<p>'rhyme, he said, he that did not poll, had no</p>
<p>'foul, or something like that.'</p>
<p>' <rs type="persName" id="t17760911-93-person978"> <interp inst="t17760911-93-person978" type="role" value=""></interp>
ELIZABETH BANGOR <interp inst="t17760911-93-person978" type="surname" value="BANGOR"></interp>
<interp inst="t17760911-93-person978" type="given" value="ELIZABETH"></interp>
<interp inst="t17760911-93-person978" type="gender" value="female"></interp>
</rs>
deposed, that</p>
<p>'she was on a visit at the defendant's house at</p>
<p>'Wanstead; that on Monday the 24th of</p>
<p>'June the defendant came home at night so</p>
<p>'exceedingly intoxicated, that he could not</p>
<p>'stand, and that the servant brought him out</p>
<p>'of his carriage in his arms to his chamber,</p>
<p>'where Mrs. Hopkins and the servant undressed</p>
<p>'him; that he was very much in</p>
<p>'liquor when he got up the next morning;</p>
<p>'that he drank two dishes of tea, but they</p>
<p>'could not persuade him to eat any thing,</p>
<p>'and that he drank three quarters of a pint of</p>
<p>'madeira before he left his own house; that</p>
<p>'he went from home about eight o'clock, and</p>
<p>'the witness did not see him any more till the</p>
<p>'evening.'</p>
<p>' <rs type="persName" id="t17760911-93-person979"> <interp inst="t17760911-93-person979" type="role" value=""></interp>
THOMAS COX <interp inst="t17760911-93-person979" type="surname" value="COX"></interp>
<interp inst="t17760911-93-person979" type="given" value="THOMAS"></interp>
<interp inst="t17760911-93-person979" type="gender" value="male"></interp>
</rs>
deposed, that he saw the</p>
<p>'defendant on the 24th and 25th of June,</p>
<p>'and that he appeared to be fuddled both</p>
<p>'days; that he had heard it reported that</p>
<p>'when he was in liquor, he was apt to forget</p>
<p>'what passed the day before, but that he was</p>
<p>'never in his company.'</p>
<p>' <rs type="persName" id="t17760911-93-person980"> <interp inst="t17760911-93-person980" type="role" value=""></interp>
ARTHUR JONES <interp inst="t17760911-93-person980" type="surname" value="JONES"></interp>
<interp inst="t17760911-93-person980" type="given" value="ARTHUR"></interp>
<interp inst="t17760911-93-person980" type="gender" value="male"></interp>
</rs>
, Esq; deposed, that</p>
<p>'he had known the defendant seven years,</p>
<p>'but had dropped his acquaintance for the</p>
<p>'last nine months, because the defendant</p>
<p>'seemed to have lost all reasonable faculties;</p>
<p>'that he thought him a dangerous acquaintance,</p>
<p>'and therefore forbid him his house:</p>
<p>'Mr. Jones said, his opinion of the defendant</p>
<p>'was, that he was a madman when drunk,</p>
<p>'and almost an idiot when sober.'</p>
<p>' <rs type="persName" id="t17760911-93-person981"> <interp inst="t17760911-93-person981" type="role" value=""></interp>
JOSEPH BIFFIN <interp inst="t17760911-93-person981" type="surname" value="BIFFIN"></interp>
<interp inst="t17760911-93-person981" type="given" value="JOSEPH"></interp>
<interp inst="t17760911-93-person981" type="gender" value="male"></interp>
</rs>
deposed, that he had</p>
<p>'known the defendant twenty years; that he</p>
<p>'was very much addicted to drinking; that</p>
<p>'he had left a considerable sum of money with</p>
<p>'the witness over night, and knew nothing of</p>
<p>'it the next day.'</p>
<p>' <rs type="persName" id="t17760911-93-person982"> <interp inst="t17760911-93-person982" type="role" value=""></interp>
ANN COLE <interp inst="t17760911-93-person982" type="surname" value="COLE"></interp>
<interp inst="t17760911-93-person982" type="given" value="ANN"></interp>
<interp inst="t17760911-93-person982" type="gender" value="female"></interp>
</rs>
, servant to the defendant, deposed,</p>
<p>'that he came home on Monday night</p>
<p>'the 24th of June very drunk; that he was</p>
<p>'incapable of undressing himself; that he</p>
<p>'could neither talk nor walk; that they</p>
<p>'were forced to strip him and throw him into</p>
<p>'bed; that he was as bad on the Tuesday;</p>
<p>'that he was drunk when he set out in the</p>
<p>'morning, and drunk all the week.'</p>
<p> <rs id="t17760911-93-verdict451" type="verdictDescription"> <interp inst="t17760911-93-verdict451" type="verdictCategory" value="notGuilty"></interp>
NOT GUILTY </rs>
.</p>
</div1>

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