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 i H irrl .Inrr I
 
 STACk 
 
 THE 
 
 020 
 
 TRIAL 
 
 OF 
 
 GEORGE ROSE, ESQ. 
 
 SECRETARY TO THE TREASURY, &c. 
 
 FOR EMPLOYING 
 
 MR. SMITH, 
 
 A PUBLICAN IN WESTMINSTER, 
 
 UPON A LATE 
 
 WESTMINSTER ELECTION, 
 
 AND NOT PAYING HIM 5 
 
 On which he. was, on Thurfday the 2 ijl of July, 1791, 
 
 Caft in the Court of 
 KING'S BENCH, 
 
 BY A SPECIAL JURY, 
 In the Sum of One Hundred and Ten Pounds Five Shillings ! 
 
 TAKEN IN SHORT HAND, 
 
 BY A BARRISTER. 
 
 {t^ 3 This is the moft curious TRIAL ever yet publi/hed, for difplaying 
 the ARTS cf our HEAVEN-BORN MINISTER, to obtain his 
 CANDIDATES SEATS in PARLIAMENT. 
 
 LONDON : 
 
 PRINTED FOR J. RIDGVVAY, YORK-STREET, ST. JAMES'S 
 SQJJARE. 
 
 1791.
 
 Stack 
 Annex 
 
 
 LORD JOHN RUSSELL. 
 
 MY LORD, 
 
 1 HE following Trial is peculiarly in- 
 terefting to you. The Hampfhire Trea- 
 fury Opponent of the illuflrious Houfe of 
 RufTel, by {landing Trial with a fimple 
 Publican, has not only blackened his Cha- 
 racter for ever, as an upright Statefman, 
 but he has confiderably foiled the ermine 
 of Mr. Pitt's purity, in allowing it to 
 be proved in a Court of Juflice, where 
 the King, his mailer, is, in the eye of the 
 law, omniprefent, that his 'virtuous, im- 
 maculate ', and heaven- born 'Minifter, was 
 privy to tranfaclions, which, if we may 
 believe the following words of the great 
 
 Locke, 
 
 J.
 
 DEDICATION. 
 
 Locke, is a high breach of trufl, and 
 therefore he ought no longer to be trujled ! 
 
 " He (the perfon vefted with the exe- 
 " cutive power, /. e . the Premier) acts 
 " contrary to his truft, when he either 
 " employs the force, treafbre, and offices 
 " of the- Society, to corrupt the Repre- 
 " fentatives, and gain them to his pur- 
 " pofes ; or openly pre-engages the Electors, 
 " and prefcribes to their choice, fuch whom 
 <c he has, bj felicitations, threats, promifes, 
 46 or otherwise, won to his dejtgns, and em- 
 " ploys them to bring in fuch ivho have pro- 
 " miftd, before-hand, what to vote, and 
 " what to enatt. 
 
 ^ Thus, to regulate Candidates and Elec- 
 ts tors, and new model the way of Election, 
 " what is it but to cut up the Govern- 
 " ment by the roots, and poifon the 
 
 very
 
 DEDICATION. 
 
 " very fountain of public fecurity ? For 
 " the people having referved to themfelves 
 " the choice of their Reprefentatives, as 
 " a fence of their properties, could do it 
 " for no other end, but that they might 
 " always be freely chofen, and fo chofen, 
 " freely aft and advife, as the neceffity of 
 " the Commonwealth, and the Public 
 " Good fhould, upon examination and 
 ^ mature debate, be judged to require. 
 " This, thofe who give their votes before 
 " they hear the debate, and have weighed 
 " the reafons on all fides, are not capable 
 " of doing. 
 
 " To prepare fuch an AfTembly as this, 
 " and endeavour to fet up the declared 
 " abettors of his own will, for the true Re- 
 " prefentatives of the People, and the 
 " law-makers of the Society, is certainly 
 < as great a breach of truft, and as pcr- 
 
 feel
 
 8 DEDICATION. 
 
 " feel a defign to fubvert the Government, 
 " as it is poflible to be met with. To 
 " which, if one fliall add, rewards and 
 a pumjhments, vifibly employed to the 
 "fame end, and all the arts of perverted 
 " law made ufe of, to take off and destroy 
 " all that ftand in the way of fuch a de- 
 " fign, and will not comply and confent 
 " to betray the liberties of their country, 
 " it will be pail doubt what is doing. 
 
 " What power they ought to have in 
 16 the Society who thus employ it, con- 
 " trary to the triul went along with it, 
 " in its firft inftitution, is eafy to deter- 
 " mine ; and one cannot but fee, that he, 
 " who has once attempted any fuch thing as 
 " this, cannot any longer be trujled" 
 
 LOCKE'S Treatifeon CIVIL GOVERNMENT. 
 
 In perufing this curious Trial, my Lord, 
 
 you
 
 DEDICATION. 
 
 you will perceive fome facts wonderful, 
 fome ludicrous, fome very alarming to the 
 liberties of the People, and highly injurious 
 Vo HIS MAJESTY'S Exchequer! YourLord- 
 fhip will read, with the utmoft rifible in- 
 dignation, of a Treafury Secretary employ- 
 ing a Publican for Election purpofes, in the 
 prefence not only of his brother Secretary, 
 but in that of his mafter, the Prime Mi- 
 nifter of the Briftfi Empire! Your indignant 
 rifibility, my Lord, will be greatly heigh- 
 tened, when you read of a Treafury Mef- 
 fenger,fuggefting, advijing, and dictating to 
 thrall-wife and haughty Minister himfelf, and 
 his twofapient Secretaries ! Your Lordfliip 
 will be fhocked for the Freedom of Election, 
 when you read of many other perfons be- 
 fides Smith, being employed by the 'Treafury^ 
 in that Election ; Mr. Frofl declaring in 
 Court, " that he kept a distinct account of 
 " thofe perfons which the Treafury employed 
 B from
 
 IO DEDICATION. 
 
 " from thofe which he, as Lord Hood's 
 " Agent, employed !" 
 
 But how, my Lord, muft you be alarm- 
 ed, when you read of a Treafury Secretary, 
 Mr. Rofe, declaring to Mr. Frost, 
 
 " That there was fowling of a PROSECU- 
 " TION going on with the EXCISE again/I 
 " SMITH, (the PLAINTIFF in this Aftion) and as 
 " a mark of trvft and confidence THEY had in 
 " him, THEY HAD INTERFERED, and 
 " STEPT IN TO SERVE HIM." 
 
 Can your Lordfhip perufe this without a 
 paufe, at the grofs enormity, at the high a- 
 trocity of fuch a meafure ? At a crime of the 
 utmoft magnitude, of the deepeft dye, againft 
 the Public Revenue, to ferve the corrupt pur- 
 pofes of Electioneering intrigue ? No, my 
 Lord; you and every other good Citizen muft 
 exclaim, " No wonder that the People are 
 
 opprefled
 
 DEDICATION. 
 
 oppreffed with additional burdens, owing, 
 not more to ufelelefs armaments, whicii 
 ferve but to degrade us j to ufelefs places, 
 which ferve but to corrupt us , than to a 
 defective Revenue, which ferves but to 
 enflave us a Revenue often rendered de- 
 fective by Impartiality of its collection ; by 
 our vtrfuous Miniftry remitting the Fines of 
 Excife to thofe who drudge in their venal 
 fervice ; whilft, no doubt, all its terrific 
 and grinding fangs are fpread over thofe 
 who are too independent to be their tools, 
 and are crufhed in pieces, by Excife, from 
 their obftinate virtue !" 
 
 There is not, my Lord, an honeft man 
 in the whole Empire, that will not ap- 
 plaud you, or your friends, in bringing 
 forward this bufmefs, by parliamentary 
 inveftigation. The EXCISE, in its mildefl 
 mode of collection, fhews much of the 
 B 2 barbarity
 
 DEDICATION. 
 
 barbarity of the burglar; but, when 
 cherifhed, ftrengthened, let loofe, and 
 led on by a vindictive Adminiftration, 
 againft their Opponents, it fetters and 
 dungeons its victims with the cruelty 
 of a tyrant ; it (labs with the dark 
 malice of the arTafTm; and devours with 
 the ferocity of the tyger ! 
 
 The only argument which Mr. Rofe's 
 friends can advance to exculpate him on 
 Smith's Excife-fine, is fimilar to what 
 Mr. Erfkine faid in alleviation of his 
 conduct, of at all interfering in the Weft- 
 minfter Election. 
 
 The accomplifhed Counfel generoufly 
 urged in the Secretary's defence, although 
 again ft him, that he might have engaged 
 in this Election-bufinefs from the pureft 
 motives, in endeavouring to trace out, 
 
 and
 
 and detect the various iniquities commit- 
 ted ; fo that a Bill, then in agitation, for 
 the improvement of Elections in Weft- 
 minfter, might be much amended, by the 
 Secretary's deep knowledge of all the 
 illegal and corrupt proceedings ! 
 
 In like manner, my Lord, Mr. Rofe might 
 have wifhed to ferve the State as well as his 
 quondam friend, Smith, refpefting HieExctft 
 jlne j that by once pardoning a fellow fub- 
 jecl: from the unmerciful rigours of that 
 odious law, and viewing his raptures, it 
 would acl: as a grand fympathetic flimula- 
 tive, to remit all Excife Jines whatever ; be- 
 iides, perhaps, reforming the whole of that 
 Britifh inquifitorial cede, and quoting Smith's 
 former opprejflon y and prefent happinefs, in 
 Parliament, in fupport of the policy and 
 neceflity of that very reform ! 
 
 But, my Lord, however that may be, I 
 
 wifh
 
 DEDICATION. 
 
 wifh you and your friends to profecute 
 with impartial zeal, this iniquitous and very 
 flagrant bujinejs. The alledged enormities 
 of Mailings, however vile and multifa- 
 rious they really might be proved, are 
 nothing to that charge against Mr. Rv/e. 
 
 Simplified^ my Lord, I underftand the 
 Excife affair between Mr, ROSE and Mr, 
 Smith, was this 
 
 N 
 
 Mr. Smith was under the lajh of the 
 Excife p , in a fine of Fifty Pounds., for brew- 
 ing fome Ale- for his family -., which it feems 
 no Publican, Taverner, or Innbolder, has 
 a right, on any pretext, to do. 
 
 My Lord, on that ft range tran faction 
 I fhall make no more remarks than this : 
 
 That after near three years of EXCISE 
 
 JUDGMENT
 
 DEDICATION. 
 
 JUDGMENT being pronounced^ Mr. Smith 
 has only paid Twenty-Jive Pounds into the 
 Exchequer, of the Fifty Pounds awarded by 
 that Board againfl him." 
 
 What is the reafon of this partiality -, or 
 fpeaking in the mildefl manner, of this 
 Jhameful LAXITY ? 
 
 For the fake of your country, for 
 the fake of your illuftrioiis family, and 
 
 your worthy felf, inftitute a Parlia- 
 mentary Enquiry into this vile bufinefs. 
 
 There is evidence fufficient to prove it, in 
 the moft heinous point of view. 
 
 MY LORD, 
 I am, with Refpect 
 and Admiration of 
 Your Character and 
 
 Conduct, 
 YOUR LORDSHIP'S 
 
 Moil obedient Servant, 
 July 28, 1791. THE EDITOR.
 
 TRIED BEFORE 
 
 COUNSEL FOR THE PLAINTIFF, 
 Meflrs. ERSKINE, MINGAY, and BALDWIN. 
 
 COUNSEL FOR THE DEFENDANT^ 
 Meflrs. BEAR CROFT and WOOD. 
 
 ATTORNEY FDR THE PLAINTIFF, 
 Mr. GROVE, Fillers-ftreet, Strand. 
 
 ATTORNIES FOR DEFENDANT. 
 
 Meflrs. CHAMBERLAYNE and WHITE, Solicitors to the 
 Treafury. 
 
 NAMES OF THE SPECIAL JURORS. 
 
 1. JOHN STEPHENSON, of Lower Ckarles-ftreet, Efq. 
 
 2. NATHANIEL CON A NT, of Lamb's Conduit-Jlreet, Efq. 
 
 3. JOSEPH BALLARD, of Bedford-Row, Efq. 
 
 4. SAMUEL HAWES, of Major Fourbes's Pajj~age, Shoe- 
 
 Maker. 
 
 5. HENRY DIXON, of Silvtr-Jlreet, Broker. 
 
 6. WILLIAM D. \WBNEY, of Carnaby-Jlreet, Grocer. 
 
 7. HENRY FERNELL,of the fame place, Tallow-chandler. 
 
 8. RICHARD HEATH, of Ber-iuick-jireei, Coach-maker. 
 
 9. WILLIAM LONGSDALE, of Broad-ftreet t Cabinet- 
 
 maker. 
 
 10. WILLIAM JEFFERY, of the fame place, Mercer. 
 
 11. THOMAS HANK IN, of Lcicejter-f.elds, Gent. 
 
 12. ANTHONY GERNER, of Qxford-jlreet, Glafs-maa
 
 TRIAL 
 
 OF 
 
 AT THE SUIT OF 
 
 MR. SMITH, 
 
 A PUBLICAN IN WESTMINSTER, 
 
 For Bufmefs done in the late Contefted Eleftion for Weft- 
 minfter, Feeding Lord Hood's Friends, &c. 
 
 SMITH againjl ROSE. 
 
 ]VJR. BALDWIN, on the part of the Plain- 
 tiff, opened the pleadings. The Decla- 
 ration ftated, that the Defendant, on the 
 ipth of April, 1791, at Weftminfter, 
 was indebted to the Plaintiff in the fum 
 of One Hundred and Ten Pounds , Five 
 Shillings, of lawful money of Great Bri- 
 tain, for the work and labour, care, di- 
 ligence, and attendance of the Plaintiff, 
 C before
 
 THE TRIAL OF GEO. ROSE, 
 
 before that time done, performed, and 
 beftowed, by him the faid Plaintiff, in 
 and about the bufinefs of the faid De- 
 fendant, for the Defendant, and at his 
 fpecial initance and requeft. 
 
 And being fo indebted, he, the faid 
 GEORGE ROSE, in confideration thereof, 
 afterwards, to wit, on the fame day and 
 year aforefaid, undertook and faithfully 
 promifed the Plaintiff to pay him the faid 
 fum of One Hundred and Ten Pounds, 
 Five Shillings, whenever he, the Defen- 
 dant, fhould be thereunto afterwards re- 
 quefted. 
 
 There were other Counts in the Decla- 
 ration, upon the Quantum Meruit alfo for 
 money paid, laid out, and expended for 
 money had, lent, and advanced and on 
 the balance of Accounts between the par- 
 ties. 
 
 To this Declaration, the Defendant 
 
 pleaded
 
 THE TRIAL OF GEO. ROSE, ESQ; 
 
 pleaded, that he made no fuch promife, 
 and thereupon hTue was joined. 
 
 Mr. ERSKINE opened the Cafe as follows : 
 
 May it plea fe your Lordftip, and you, Gentlemen 
 of tie Jury, 
 
 I am a Counfel for the Plaintiff, Mr. 
 GEORGE SMITH, who is a Publican of 
 character and reputation, in King-ilreet, 
 Weftminfter, where he has rcfided near 
 twenty-feven years, and he has been fix- 
 teen years Mailer of the Star and Garter 
 public houfe. He is Mailer alfo of the 
 livery-ftables adjoining. 
 
 The Defendant, Mr. GEORGE ROSE, is a 
 
 Member of Parliament, one of the Joint Se- 
 cretaries to the Treafury, Whitehall, and lives 
 in Palace-yard, Weftminfter. 
 
 Gentlemen, this A6lion is brought, in 
 order to recover the fum of uol. 55. for 
 the work and labour, diligence and atten- 
 tion of the Plaintiff, from the 2 \ft of Sep- 
 tember, 1789, to the ijth of April, follow- 
 C2 ings
 
 2O THE TRIAL OF GEO. ROSE, ESQ., 
 
 ing j which, you will find, makes up the 
 fpace of Thirty Weeks, at Ten Shillings and 
 Sixpence per day, in difcovering and col-, 
 lecting proofs of a multitude of bad votes 
 that were polled for Lord JOHN TOWN- 
 SHEND, at a late contefted Election for the 
 City of Weftminfter. The Plaintiff per- 
 formed this work at the fpecial inftance 
 and requeft, and under the particular di- 
 rection of the Honourable Gentleman who 
 is the Defendant in this caufe. 
 
 When I tell you that Mr. ROSE is one 
 of the Secretaries to the Treafury, and that 
 this Action is brought to recover, on his 
 Retainer, a fum of money ; a great number 
 of OBSERVATIONS might prefent them- 
 felves to a mind difpofed to mifchief or to 
 malice-, or tofcaffer injinuations in a PUB- 
 LIC PLACE. I will not do fo; becaufe the 
 queftion you have to try will be this 
 " Whether Mr. GEORGE ROSE, of the 
 Treafury," no matter from what motives, 
 " employed the Plaintiff r" He might have
 
 THE TRIAL OF GEO. ROSE, ESQ 21 
 
 engaged Mr. SMITH in this bufmefs, from 
 very juiiifiable motives. 
 
 For inftance from private friend/kip ; 
 or, as about that time a BILL was about 
 to be brought into Parliament, for the 
 purpofe of making fome alteration in the 
 MODE of electing Members of Parliament to 
 reprcfent the City of Weftminfter, Mr. 
 ROSE, from the moft honourable motives, 
 might have employed the Plaintiff to de- 
 te<5t bad votes, izitb a view to gain in- 
 formation on the fubjeft, by ivay of Foux- 
 BILL. 
 
 Gentlemen, J would much rather that 
 you fhould impute the conduct of the 
 Defendant, in this bufmefs, to a proper 
 than to an improper motive. If the De- 
 fendant is fuppofed to have biified himfelf 
 in that Election, becaufe my Lord HOOD 
 was looked on to be more the friend of 
 Government than his Noble and fuccefs- 
 ful Opponent; and if this RETAINER 
 was to be PAID out of the PUBLIC 
 
 PURSE,
 
 22 THE TRIAL OF GEO. ROSE, ESQ., 
 
 - - '.'.""""""' ' ' ---"-" ~^~~ ~~~- -.- l- _' ^" ' -' ' "' ' '--, '- ^- 
 
 PURSE, it would not be very honourable for 
 Mr. ROSE ; and therefore I do not make 
 any fuch charge. 
 
 Gentlemen, it is enough for me that the 
 Plaintiff" was retained, and that his houfe, 
 the Star and Garter ', was opened by the di- 
 reftiom of Mr. ROSE. In 1788, it is well 
 known to us all, there was a ftrong con- 
 tended Election for a Member to reprefent 
 the City of Weftminfler in Parliament. 
 The Candidates, on the occafion, were, 
 Lord JOHN TOWNSH.END and Lord 
 HOOD. As I have juft obfervcd, the Plain- 
 tiff's houfe, the Star and Garter, was open- 
 ed for the accommodation of Lord HOOD 
 and his Friends, at that Election : and, as 
 I have alfo obferved, this was done at the 
 f articular reqiteft of Mr. ROSE. In con- 
 fequence of this order, a confiderable ex- 
 pence was incurred, for good Eating and 
 Drinking. The Plaintiff made out his 
 Bill on that account, and that Bill was very 
 honourably paid. The Plaintiff now ap- 
 plies for the amount of another Bill, for 
 
 other
 
 THE TRIAL OF GEO. ROSE, ESQ.. 2 3 
 
 other fer vices performed at the rcquefl of 
 Mr. ROSE, fubfequent to that Election. 
 
 Gentlemen, although I fee Mr. 
 WHITE (the Solicitor to the Trefaury) fit- 
 ting before me, I infer nothing from that 
 circumftance^ for who would not, on any 
 occafion, be glad to employ fo able an 
 Attorney. 
 
 [This excited fome mirth ; and Mr. White acknow- 
 ledged his approbation of the complement, in a pro- 
 found bow to Mr. Erjklne.'] 
 
 Gentlemen of the Jury, all that I have 
 to obferve to you is, that Mr. GEORGE 
 ROSE has made a promife which he has not 
 yet performed., and which it is the cbjec~l 
 of this action to compel him to perform. I 
 impute nothing to thcfe who defend this 
 action, becaufe they are very honourable 
 Men. I impute nothing whatever to Mr. 
 GEORGE P.OSE, except that he has not paid 
 my Client what he ought to have paid him ; 
 and which I hope you, Gentlemen of the 
 Jury, \v\l\xompel him to pay. I (hall, call 
 my Witnefles, and if they can be fliaken 
 
 in
 
 24 THE TRIAL OF CEO. ROSE, ESQ., 
 
 in their characters, or in their evidence, 
 that will be matter of obfervation for my 
 Learned Friend. 
 
 Gentlemen, I (hall only make one other 
 obfervation, which is, that I am not a lit- 
 tle furprized that no Money has been 
 paid into Court. Nothing remains but 
 that I fliould call my Witnefscs and prove 
 my Cafe j which will entitle me to your 
 Verdict. 
 
 EVIDENCE for the PLAINTIFF. 
 GEORGE CLUBB was called by Mr. 
 MINCAY ; but not immediately appearing, 
 Mr. ERSKINE obferved that he was, no 
 doubt, a " knocking- down fellow," one of the 
 Mefiengers to the Treafury ; and therefore 
 a Man whom the Treafury might fafely 
 intruft with any Bujinefs. 
 
 [The Evidence of this difmterefted Gentleman was 
 fo tttterefttng) and madefo ftrong an Impreffion on every 
 one who heard it, that it may not be improper to give it 
 in detail, togetherwith the quefu'ons that were put to 
 him.] 
 
 EXAMINED
 
 THE TRIAL OF CEO. ROSE, ESQ^ 
 
 EXAMINED by Mr. MING AY. 
 
 Q. Is your Name GEORGE CLUBB, Sir? 
 
 A. It is. 
 
 Q What are you, Clubb ? 
 
 A. A Meffenger to bis Majeftfs Treafury. 
 
 Q. Do you recollect the contefled Elec- 
 tion between my Lord HOOD and Lord 
 JOHN TOWNSHEND ? 
 
 A. Perfectly, Sir. 
 
 Q. Do you know George SMITH, the 
 Mailer of the Star andGarter, in King Street, 
 Weftminfier, the Plaintiff in this Action ? 
 
 A. Very well, Sir. 
 
 Q. Was his houfe open for my Lord 
 HOOD and his Friends at that Election ? 
 
 A. I <was a friend to my Lord HOOD and 
 alfo a friend to Mr. SMITH. 
 
 0. Is that an anfwer to my queflion, 
 Sir ? I afk you, Sir, upon your Oath, whe- 
 ther Mr. SMITH'S houfe was not open for 
 my Lord HOOD and his Friends during that 
 contefled Election between him and Lord 
 JOHN TOWNSHEND ? 
 
 A. His houfe was opened. 
 
 Q. By whofe order ? 
 
 A. By the order of that Gentleman, 
 D (pointing
 
 26 THE TRIAL OF CEO. ROSE, ESQ., 
 
 (pointing at Mr. Froft the Solicitor) I went 
 to Mr. SMITH, and told him as a friend, 
 " Open your houfe immediately I will be 
 refponfible for a Buttock of Beef, a Ham, 
 and a Fillet of 'Veal '." 
 
 (This excited aburft of Laughter,) 
 
 Q._Do you know Mr. Rose ? 
 
 A. I know Mr. ROSE perfectly well; he 
 is one of the Secretaries of the Treasury. 
 
 ^ Did you ever fee him at Mr. 
 SMITH'S ? 
 
 A. I never did. 
 
 <^ Did Mr. ROSE order you to go to 
 Mr. SM ITH, and tell him to open his hoafe 
 for my Lord HOOD ? 
 
 A. He was angry for my mentioning that 
 Mr. SMITH'S houfe was to be opened. 
 
 ^ Why did you defire Mr. SMITH to 
 open his houfe ? 
 
 A. I wifhed to do Mr. SMITH good. 
 
 ^. Did you ever carry any mejjage from 
 Mr. SMITH to Mr. ROSE ? 
 
 A. I did. 
 
 3>. What did Mr. ROSE fay ? 
 
 A. He
 
 THE TRIAL OF GEO. ROSE, ESCL 
 
 A. He fat d he was troubled with this mans 
 nonfenfe ; and I once jaw him take one of Mr. 
 SMITH'S Letters and throw it into the Jire. 
 
 ^ Do you know that the Plaintiff's Bill . 
 was delivered to Mr. ROSE ? 
 
 A. I do not remember the Plaintiff's 
 Bill being delivered to Mr. ROSE. Mr. 
 SMITH has been paid his two Bills. 
 
 ^. By whom ? 
 
 A. Mr. FROST the Solicitor paid him 
 the one, and Mr. JACKSON the other. 
 
 ^ Do you know from WHAT SOURCE this 
 money came? 
 
 A. It was raifed by a SUBSCRIPTION of 
 GENTLEMEN. 
 
 ^ Of what GENTLEMEN ? 
 
 A. Of thofe Gentlemen who chofe to 
 fubfcribe to it. 
 
 <^. Were you a Subscriber ? 
 
 A. I was not. 
 
 ^ Was Mr. ROSE a Subfcriber ? 
 
 A. I don't know that he was. 
 
 ^. What occafion was there for a Sub- 
 fcription ? 
 
 A. Mr. Fro/Fs Order was refufed by Mr. 
 SMITH. He would not take Mr. FROST'S 
 
 Note,
 
 28 THE TRIAL OF GEO. ROSE, ESQ.. 
 
 Note, becaufe it was not fufficiently ex- 
 plicit. 
 
 ^ In what fituation was Mr. FROST at 
 that time ? 
 
 A. He was Solicitor and Agent of Lord 
 Hood. 
 
 <^. You told us before, that you was a 
 friend to Lord HOOD. I fuppofe you only 
 know him as a Candidate for Weftrnm- 
 fter ? 
 
 [Here the Witnefs fwelled into confequence.J 
 
 A. Sir, / have the HONOUR to know Lord 
 HOOD perfinally ! 
 
 Q. Did you never tell Mr. SMITH that 
 Mr. ROSE 'would pay him? 
 
 A. I never did. 
 
 Q. How then was SMITH to be paid ? 
 
 A. He was to be paid like the reft, by 
 Mr. FROST and Mr. JACKSON. 
 
 Q. From what fund ? 
 
 A. That I do not know. 
 
 Q. Was Mr. SMITH never introduced 
 to Mr. ROSE ? 
 
 [Here again the Gentleman aflumed an air of dignity.] 
 
 A. Sir, I bad the honour of PRODUCING 
 
 the
 
 THE TRIAL OF CEO. ROSE, ESQ._ 2Q 
 
 the INTERVIEW between THESE TWO GEN- 
 
 TLEMKN ! 
 
 CROSS-EXAMINED by Mr. BEARCROFT. 
 
 Q. Now attend, Clubb. Has not Lord 
 HOOD'S Committee paid Mr. SMITH agreat 
 deal of money? 
 
 A. They undoubtedly have. 
 
 Q. You faid that you have mentioned 
 the name of SMITH to Mr. ROSE ? 
 
 A. I put down the names of Mr. Smith's 
 houfe and of his Brothers houfe ; zndfug- 
 gejled to Mr. ROSE and Mr. STEEL, that 
 they were proper houfes. 
 
 Q. Was any other perfon prefent ? 
 
 [Here a good deal of hesitation and unwillingnefs en- 
 fued.] 
 
 A. I CANNOT RECOLLECT wllO W3S in 
 
 the room when that was mentioned. 
 
 jg- (Mr. ERSKINE) You muft recollecl, 
 Sir." 
 
 [At laft out came the anfwer] 
 
 A. Mr. PITT was in the Room ! 
 
 Q. You fay, then, that Mr. PITT was in 
 
 the
 
 THE TRIAL OF GEO. ROSE, 
 
 the room with Mr. ROSE and Mr. STEKL, 
 at the time you fuggefted to them the propri- 
 ety of opening Mr. SMITH'S houfe.for Lord 
 HOOD and his Friends ? 
 
 A. He iv as. 
 
 Q. What made you think that Mr. 
 SMITH'S houfe was a houfe more proper to 
 be opened than any other ? 
 
 A. Becaufe he <was a PATRIOTIC MAN, 
 and I thought he would go ANY LENGTHS 
 in the Caufe; and therefore I recommended him 
 to Mr. PITT, Mr. STEEL, and Mr. 
 ROSE. 
 
 Q. You fay he was a patriotic man Why 
 do you fay fo ? 
 
 A. Becaufe he had gone 20 or 30!. out 
 of pocket, and therefore / recor/jmended\\\m 
 to thefe Gentlemen: 1 believed him to be 
 {launch in the Caufe j he detected a great 
 number of bad votes polled for Lord JOHN 
 TOWNSHEND. 
 
 0. I believe, at laft> he began tojlacken? 
 
 A. No, be did not Jlacken, \xtfLferJevered, 
 and went A GREAT LENGTH indeed ; but 
 
 it
 
 THE TRIAL OF GEO. ROSE, ESQ*. 
 
 it was never fuppofed that he would charge 
 any thing for his TROUBLE ! 
 
 Q. Did Mr. ROSE employ him ? 
 
 A. No, he was employed by JVJYSELF / 7 
 recommended him to Mr. ROSE ; and he haw- 
 ing complained he could get nothing for his 
 TROUBLE and EXPENCE, I applied to a 
 " certain Gentleman/' 
 
 [Lord KEN YON, from his impartial love of Juftice, 
 here interpofed his authority, and took up the exami- 
 nation of the Witnefs himfelf] 
 
 Q. Who was that " certain Gentleman? 
 Sir? 
 
 A. I beg you will hear me I fpoke and 
 recommended him to a " certain Gentleman? 
 
 Q. (Lord KENYON)/^? Who? 
 
 A. I beg you will excufe me. 
 
 0. Lord (KEN YON) No, Sir, you must 
 answer the question. 
 
 A. I SPOKE TO Mr. ROSE. 
 
 [Here the bufinefs was interrupted by a bunl of 
 laughter.] 
 
 Q. (Mr. BEARCROFT,) What did^ fay 
 to Mr. ROSE ? 
 
 A. I told
 
 THE TRIAL OF GEO. ROSE, ESQ., 
 
 A. I told him this man had GON E a con- 
 fiderable way in detecting bad votes polled 
 for Lord JOHN TOWNSHEND, and that he 
 could detect five or fix hundred of them, 
 but could not PROCEED 'without money. 
 
 Q. Well, what anfwer did Mr. ROSE 
 make to that ? 
 
 A. He faid, " Mr. Smith might give them 
 viffuah and drtnk^ but he muft not go too 
 far. He goes too great lengths j he muft 
 not go too far." I told Mr. ROSE that he 
 was very Jtrenuous in the Caufe. 
 
 RE-EXAMINED by Mr. MINGAY. 
 % 
 
 0. You fay then, CLUBB, that when you 
 mentioned the bufmefs to Mr. ROSE he had 
 no objections to allow SMITH for the vic- 
 tuals and drink y but defired that he would 
 not go on too far ? 
 
 A. He did. 
 
 g, I think you faid that Mr. Smith had 
 done fome bufmefs, and had put himfelf 
 to fome expencein detecting thefe bad votes 
 before you mentioned him to Mr. Rofe ? 
 
 A. He had. Mr. Rofe faid he was a 
 
 troublefome
 
 THE TRIAL OF GEO. ROSE, tov^ -,, 
 
 troublefome fellow; and he frequently 
 extorted an anfwer from Mr. ROSE. 
 
 Q. Well, Sir, when you came back 
 from Mr. ROSE, did you communicate this 
 conversation which patted between you 
 and Mr. ROSE, to Mr. Smith ? 
 
 A. When I came back, I told Mr. 
 Smith he might go on to collect bad votes, 
 but mufl not go on too far. 
 
 Mr. FROST the Solicitor was then called 
 and fworn j but before he gave his tefti- 
 mony, he addrefled the Bench as follows : 
 
 " My Lord, 
 
 " I am fworn : but before I proceed to 
 " give my teilimony on my oath, con- 
 " fidering the fituation in which I (land 
 " to the Parties in this Caufe, I wifh to 
 " have fome directions from your Lord- 
 " fhip, whether I mould anfwer fome 
 " queftions that may be put to me by the 
 " Counfel. I prefcribed this rule to 
 " myfelf " 
 
 E Lord
 
 -. THE TRIAL OF CEO. ROSE, ESQ. 
 
 Lord KEN YON. " Don't make a 
 
 fpeech. Sir. Tell me what you wifh me 
 to do the Law admits of no fuch de- 
 licacy." 
 
 Mr. FROST then proceeded in his evi- 
 dence as follows : 
 
 " My Lord, and Gentlemen of. the Jury, 
 < The contefied Eleclion for Weftmin- 
 " fter ended on the fourth of Auguft, 
 "1788. In the months of September and 
 " October following Mr. SMITH came 
 " frequently to me, and brought me lifts 
 " of bad votes, which he had difcovered 
 " at the preceding Eleclion. After fre- 
 <f quent vifits, and fome circumftances 
 " having pafTed between Mr. SMITH and 
 " me, 1 thought it necefiary to go to Mr. 
 " ROSE, to afk him if SMITH was a pro- 
 " perperfon to be trufted, becaufe the com- 
 " munications were of feme confequence. 
 " When I had an interview with Mr. 
 " ROSE, I told him of the vifits which 
 " I had from SMITH, refpecling thefe bad 
 " votes, and afked him whether SMITH 
 
 " might
 
 THE TRIAL OF GEO. ROSE, ESQ., 
 
 35 
 
 " might be trufted ? Mr. ROSE SAID, 
 " I MIGHT WITH GREAT SAFETY TRUST 
 " SMITH, FOR THEY KNEW HIM WELL." 
 " This was in the Treafury. Ca the 
 " 28th of October, I had a lift of bad 
 " votes from Mr. SMITH, which I exa- 
 " mined during a long period, when Mr. 
 cc SMITH and , I understood each other. 
 " It was by Mr. ROSE'S direction, that Mr. 
 " SMITH had collected bad votes in Sep- 
 " tember and October. He returned me 
 " lifts of upwards of fix hundred bad votes. 
 " This bufmefs he performed, in my opi- 
 <c nion, with abilities and zeal, and his 
 " bill was extremely reafonable. After he 
 u had gone fome length, he applied to me 
 " repeatedly for money. I kept a diftinct 
 " account of thofe perfons employed by 
 " the Treafury from thofe whom I em- 
 " ployed, as Agent of Lord HOOD. Upon 
 " my refufmg to give him money, he 
 " brought me this bill." 
 
 [Here Mr. FROST produced a bill, delivered to him 
 by the Plaintiff: It amounted to 59!. In this bill Mr. 
 ROSE was intitled debtor to the Plaintiff; on which 
 appeared, in the hand-writing of Mr. ROSE, "MoDE- 
 
 " RATE, AND OUGHT TO BE PAID."] 
 
 E 2 FROST
 
 THE TRIAL OF GFO. ROSE, ESQ., 
 
 FROST then continued his narrative. 
 " After I had feen Mr. ROSE, i told Mr, 
 " SMITH, that if he would bring a letter 
 " to me from Mr. ROSE, 1 would pay him 
 '* for his fervioes in this bufmefs." 
 
 Mr. FROST was here afked by Mr. MIN- 
 GAY, whether Mr. ROSE had not told 
 him, that he meant to do SMITH fome 
 favour ? To which Mr. FROST replied, 
 that he did not recollecl:. But on Mr. 
 MINGAY mentioning the EXCISE, and 
 Lord KENYON requefting that the whole 
 truth might come out, Mr. FROST an- 
 fwered in thefe words : 
 
 " When I was fpeaking to Mr. ROSE, of 
 " SMITH, Mr. ROSE faid> that there was 
 " jbmething of a PROSECUTION going on 
 " with the EXCISE againfl SMITH, and as 
 " a mark of the TRUST and CONFIDENCE 
 *' tbey had in HIM, they had INTER- 
 " FERED, and STEPT IN to SERVE 
 " HIM ; but in what way was not ex- 
 " plained. 
 
 "The
 
 THE TRIAL OF CEO. ROSE, ESQ.., 
 
 37 
 
 " The Lifts were brought to me com- 
 " pleat in a long Roll, which had been 
 66 delivered to Mr. ROSE ; and he never 
 " dei-ied that he was to pay Mr. SMITH. 
 " The Plaintiff has no claim upon me or 
 " my Lord HOOD." 
 
 Mr. ERSKINE. " My LORD this is our 
 Cafe." 
 
 DEFENCE. 
 
 Mr. BEARCROFT, on behalf of the Ho- 
 nourable Secretary, made the following 
 fpeech : 
 
 " May it pleafeyour Lord/hifo and, you Gentlemen 
 of the Jury. 
 
 " My learned friend, Mr. Erfkine, has 
 got on very triumphantly hitherto in this 
 Caufe ; and it is extremely entertain- 
 ing to go with the wind, whenever 
 there is an attack made on perfons in 
 the fituation of the prefent Defendant. 
 How wife it is to refift this demand, I 
 fhall not fay ; but if there is any thing 
 
 unwife
 
 THE TRIAL OF GEO. ROSE, ESQ., 
 
 unwife in it, I am not the caufe. Gentle- 
 men, you have not yet heard the whole 
 of this Caufe : when you have, in God's 
 name, do Juftice ; but flop, and do not 
 proceed on fuch fuggeftions as have been 
 made to you in the opening cf this Cafe. 
 My learned friend told you, " That a great 
 <{ number of obfervations in this Caufe 
 " might prefent themfelves to a mind dif- 
 " pofed to mifchief ; but that he mould 
 " fludioufly avoid all fuch obferva- 
 tions." 
 
 " He fpent nine tenths of the whole time 
 he took up in his opening, in fuggefting, 
 <c That the expence was defrayed out of 
 " the public pur fe ;" but Gentlemen, has 
 this been proved ? It has not. If it was 
 fo, it 'was very dishonourable : but no man 
 is to prefume it, without proof ; and I do 
 not believe there is a tittle of truth in it. 
 It has been proved that the Plaintiff's 
 name was mentioned to Mr. ROSE at dif- 
 ferent times. Mr. ROSE, at different 
 times, if you pleafe, encouraged 'him. The 
 Secretary of the Treafury was the Friend 
 
 of
 
 THE TRIAL OF GEO- ROSE, 
 
 39 
 
 of Lord HOOD, and had occafionally given 
 his opinion. 
 
 Lord KENYON. " Mr. BEARCROFT, 
 what do you fay to one piece of Evi- 
 dence, to wit, as to the Bill ?" c To 
 GORGE ROSE, Debtor;' "and the De- 
 " fendant, fo far from denying it, having 
 marked on it," 4 moderate, and ought to be 
 < paid? 
 
 Mr. BEARCROFT. "My Lord, Mr. ROSE 
 did not interfere further, than became 
 any Gentleman who was a Friend to Lord 
 Hood. I know I ftand in an awkward fitu- 
 ation ; but I fhall Hate an anfwer, and I 
 know / muft jlate a ftrong anfwer to this 
 piece of Evidence. This Election, then, 
 as we all know, was carried on by a 
 Committee : on the part of Lord Hood, 
 there is a bill that was delivered in by the 
 prefent Plaintiff to that Committee : it 
 contained a great number of the items of 
 the bill delivered to Mr. ROSE by Mr. 
 Froft, and which is paid. I fhall be 
 ready to afTent to any propofal that may 
 
 be thought proper in this cafe. 
 
 'Lord
 
 THE TRIAL OF CEO. ROSE, ESQ., 
 
 Lord KENYON. " Mr. Bearcroft, you 
 cannot without exceeding strong evidence 
 indeed, get over the Bill delivered. Here 
 is a Bill, in which GEO. ROSE, Efquire, 
 is made Debtor ; and it is not denied that 
 he is anfwerable for the payment of it." 
 
 Mr. BEARCROFT. <l My Lord, I hope 
 and truft that I {hall be heard to the end 
 of my Defence for my Client ; and that 
 you, Gentlemen of the Jury, will do him 
 juilice, although he is a Secretary to the 
 Treafury. All that I defire, is, that I may 
 have an opportunity of Hating the Cafe 
 clearly. Mr. Froft has told you, that a 
 Bill was delivered, in which GEORGE ROSE 
 was made Debtor, and that he allowed it 
 to be moderate, and that it ought to be 
 paid. The prefent Plaintiff, however, is 
 calling on Mr. ROSE for this Bill, amongft 
 the reft, for certain bufmefs fuppoied to be 
 done on the credit of Mr. ROSE, when, in 
 facl:, Smith did not give credit to Mr. 
 ROSE for the prefent Bill, but to Lord 
 HOOD'S Committee.'' 
 
 Mr.
 
 THE TRIAL OF GEO. RO<=E, ESQ., 
 
 Mr. Erikine. - c< No ! No ! all is for 
 bufinefs done and money paid for Mr. 
 Rofe to other people ; exclusive of buii- 
 nefs fettled by the Agents of Lord Hood's 
 Committee." 
 
 Mr. Bearcroft (holding a Bill in Us hand) 
 faid, " Gentlemen of the Jury, This Bill is 
 compofed of articles for eating and drink- 
 ing, and money paid. There is an item 
 for finding out bad votes, Bludgeon- Men, 
 &c. oppofite to which there is a blank. It 
 concludes with the words t humbly fub- 
 riiitted.'' Now, Gentlemen, the amount 
 of this Bill, excluiive of this article, for 
 which nothing is charged, is 129!. 6s. pd. 
 I (hall prove that he received this fum 
 from the hands of Mr. Jackfon, and for 
 which the Plaintiff gave him a Receipt in 
 full of all demands. But it is fain " here 
 are other demands, for articles of a dif- 
 ferent kind:" In the Bill itfelf he ir.rkcs 
 a charge for collecting ir } -v, ards of fix 
 hundred bad votes. Bit vlcm do?s he 
 charge with the payment of tins .urn? 
 F The
 
 A2 THE TRIAL OF GEO. ROSE, ESQ., 
 
 The perfon, to be fare, to whom he de- 
 livers this Bill. But if he goes away with 
 129!. and gives a Receipt in full of all 
 demands, with this article in the Bill, I 
 truft that my Lord and you will be of 
 opinion, that the Plaintiff thought, at this 
 time, that he had no further demand upon 
 any body." 
 
 Mr. BALDWIN requefted his Lordfhip to 
 obferve the diflmction between the two 
 Bills. 
 
 Lord KENYON. " Mr. Baldwin, if you 
 will give me leave, I think I have juft 
 fenfe enough to comprehend this Bill." 
 
 Mr. Jackfon was called, on the part of 
 the Defendant, to prove the fubftance of 
 the Defence, and that the Plaintiff had no 
 Caufe of Action. He gave the following 
 Narrative, on Oath : 
 
 " As Mr. Froft had refufed to pay a 
 " number of Bills on account of Lord 
 
 " Hood,
 
 THE TRIAL OF CEO. ROSE, ESQ.. A, 
 
 " Hood, I was defired, by his Lordfhip, 
 4i fome time about February, 1790, to 
 " collect in all the outftanding Bills. I 
 " accordingly fent to all the Chairmen of 
 " the feveral Committees, and had Bills 
 " fent in to a very considerable amount. 
 " Mr. Smith called on me, and delivered 
 " to me the Bill which I have now in my 
 " hand. I afked Mr, Smith for the Bill 
 " of 59!. which makes the firft item in 
 " this Bill. Mr. Smith faid, he had deli- 
 " vcred it in to Mr. Rofe, and he believed 
 " Mr. Rofe had delivered it to Mr. Froil, 
 " and that he could not get it from Mr. 
 96 Froft, becaufe they were not upon good 
 " terms. 129!. 6s. 9d. was the whole of his 
 " Bill, exclufive of this article, viz. fix 
 " hundred badvotes, bludgeon-men ', &c. l hu?n~ 
 " bly fubmitted* I told him, Mr. Smith, 
 " there are charges here that are very li- 
 " beral - y but, if I pay you 129!. 6s. 6d. 
 " I fuppofe you will be fatisfied. He he- 
 " (itated a little, and then faid, c he fhoald.' 
 " I would not have paid him one (hilling, 
 " except on condition of his having ac- 
 F 2 " cepted
 
 THE TRIAL OF CEO. ROSE, ESQ;, 
 
 " cepted of this 129!. 6s. 6d. in full of 
 " all demands I told him repeatedly, 
 6i that J had nothing to do with Mr. Rofe, 
 " and that i was only to examine the Bills 
 " of Lord Hood, to fee if they contained 
 6i the whole of the refpeclive demands. I 
 " abo told the f laintirf, that he mult fettle 
 " every thing/' 
 
 On his Crofs-Fxamination he repeated 
 this evidence, adding, " I know nothing 
 " of Mr. Rofc j 1 was only Lord Hood's 
 " Agent, an i had no direction to pay for 
 
 " thefe bad votes." 
 
 i 
 
 The Right Honourable Thomas Sfeel, 
 Pay m after of the King's Forces, attend- 
 ing, in obedience to a Subpoena, to give 
 his evidence on this Trial, faid, the ur- 
 gency of public bufmcfs demanded his 
 attendance at another place: he begged 
 permifTion therefore to retire, to which 
 Mr. Erfkine politely and obligingly con- 
 fented. 
 
 REPLY.
 
 THE TRIAL OF GEO. ROSE, ESQ., 
 
 REPLY. 
 
 Mr. Erfkine, on the part of the Plaiiv- 
 tiff, made the following Reply. 
 
 M'iy it pleafe your Lordfoip, and you Gentle- 
 men of the 
 
 I am perfuaded that my learned Friend, 
 Bearcroft, after he goes home, on a few 
 moments reflection, will eafily perceive 
 the prudence of one part of his Addrefs to 
 you. I had my reafons for being difpofed 
 to treat Mr. Rofe with great courteiy and 
 refpect. I have fome private reafons, 
 which it is unneceffary to ftate, and / con- 
 fulted with my, friends how far 1 could do it 
 confidently with my fituation here how far 
 I could do compleat juflice to my Client ; , and 
 preferve that courtefy and refpeft which eve- 
 ry Gentleman would wijh to Jhew to another. 
 I did draw a veil over this bufinefs. I 
 was unwilling to impute any thing crimi- 
 nal to Mr. Rofe, any thing improper, any 
 
 thing
 
 A6 THE TRIAL OF CEO. ROSE, 
 
 thing indelicate y any thing inconjiflent with 
 the duties of his Situation, any thing dif- 
 bonourabk to the Character of a Secretary 
 of the Treafury. I opened the Cafe, by flat- 
 ing, that he might have done it as a pri- 
 vate friend ofLoi'd Hood, or for the pur- 
 pofe of fupporting the principle of a Bill 
 to be brought before Parliament, and not as 
 the Agent of Corruption ; for fuch conduct ', 
 fwmfacb motives ', muft necefiarily excite 
 your refentmenty as well as the indignation 
 of the Public. Nothing fhail provoke me 
 to deviate from the line of moderation 
 which I originally fet out with j and there- 
 fore, fince it is not at all neceiTary for the 
 ends of juilice, I repeat the obfervations I 
 formerly made, namely, that I am much 
 more willing to fuppofe that Mr. Rofe has 
 nothing to anfwer for, than that he las. 
 
 " He has certainly attended with very lit- 
 tle difcretion to a trifling demand, which 
 is as clearly made out, as the price of a 
 halfpenny Roll which is fold in a market. 
 /ttv/ftto confider George PvOle, Efq. at -pre.- 
 
 fent,
 
 THE f RIAL OF CEO. ROSE, ESQ., 
 
 fent, merely as a man flanding in a Court 
 of Juftice. / ivijh-to forget that he is a 
 Member of Parliament j / wijh to forget 
 that he is a Secretary of the Treafury - y that 
 he is a friend of Lord Hood, and that Lord 
 Hood and Lord John Townfhend were 
 Candidates at that Election. It is needlefs 
 for me to ftate how necej/ary it is to the 
 People p , and fasfahttion of the State, that 
 the Reprefcntative Body fliould be freely 
 
 ought to carry on the Legiflative part of 
 
 the Conftitution. I hope few Caufes like 
 
 this will ever make \h\.\~ appearance in aCourt 
 
 of Juftice. In the firil place, one cannot 
 
 help lamenting, that, for the paltry Him 
 
 of nol. the amount of an Election Bill, 
 
 a Man in a public ftation, and one of the Se- 
 
 cretaries of the Treafury, fhould permit a 
 
 demand fo jujily due, to be publicly difcuffed 
 
 in a Court of Justice ; and that we fliould 
 
 be obliged to examine this Election Bill by 
 
 the unwilling teflimony of this Mr. Clubb, 
 
 a Mejjenger of the re a fury. If he bad gone 
 
 on
 
 THE TRIAL OF CEO. ROSE, ESQ._ 
 
 on a little further y I fhould have applied to 
 my Lord to commit Inn ! 
 
 [Here Mr. ERSKIHE recited the principal parts of 
 Mr. CLUBB'S evidence.] 
 
 Ke is, faid he, a profligate and corrupt 
 Witnej'S) coming into a Court of Juftiee to 
 fpeak againjl what be knows, but he at laft 
 proved the Plaintiff's cafe. We next call 
 Mr. Frofty and then let us fee what fort 
 of a cafe this is. The Plaintiff makes out a 
 bill, and calls on Mr. Fro ft ^ who fays he has 
 nothing at all to do with the bufmefs. The 
 bill is next prefented to George Rofe, Efq. 
 which he examines, and afterwards writes 
 on it, " That it was moderate, and ought 
 to be paid." Would ever Mr. Rofe have 
 done this, if he had thought that Mr. 
 Smith was never to have been paid ? It is 
 7 who want to prcte5i Mr. Rofe. My learn- 
 ed friend wants to degrade him to the 
 level of a common Attorney for Lord 
 Hood I want to exalt him. Mr. Froft 
 then tells you, that this man conducted 
 
 himfclf
 
 THE TRIAL OF GEO, ROSE, ESQ^ 49 
 
 himfelf with a great deal of zeal and abi- 
 lities; that he had actually detected fix 
 hundred bad votes -, and the demand, Mr. 
 Froft thought, was extremely reafonable. 
 When the bill comes in, it is a hard 
 thing, it feems, for Mr. Roje to pay it. 
 " Take it out of boneft Mr. John Bull's 
 " focket ! There is no great harm in tak- 
 " ing a Jlice out of the Excife, or public 
 u Revenue, to defray a little of the Expence 
 "of the Election of a Minifterial Member 
 " of Parliament? Gentlemen, there is 
 nothing plainer, than that if I can fave a 
 man from a hundred pounds penalty, it is 
 the fame as faying him an hundred pounds -, 
 and if this hundred pounds penalty would 
 ctherwife have gone into the Treafury, it is 
 felf -evident, that this hundred was in effeSt 
 " paid out of the Treafury" 
 
 I at laft come to the Defence, and a 
 more mean, paltry, fhabby, contemptible 
 one, I never faw brought into a Court of 
 Juftice. Here is a man, who flood in a 
 double capacity, for having done bufinefs 
 G for
 
 THE TRIAL OF GEO. ROSE, 
 
 for Mr, Rofe, on bis own retainer, and alfo 
 for Lord Hood. 
 
 * 
 
 Says Mr. Jackfon, I never knew Mr. 
 Rofe. What bufmefs then had Mr. Jack- 
 fc?i. with Mr. Rofes debt ? And yet Mr. 
 Jackfon is pleafed to fay to Mr. Smith 
 Although I know nothing of Mr. Rofe, 
 and although I am only Agent to Lord 
 Hood, yet I will not pay you for the bufi- 
 nefs that was done for Lord Hood, un- 
 lefs you give me a difcharge in full of all 
 demands for the bufmefs alfo that has been 
 done for Mr Rofe ! 
 
 Gentlemen of the Jury, independent of 
 the law of this cafe, I proteft to you I can- 
 not difcover (I confefs to you I am a dull 
 man) the common decency," the common 
 honefty, or the propriety of any part of 
 this tranfaftion. The Plaintiff, Mr. Smitb, 
 has been at great labour. It is confelTed 
 on all hands, that he has difcovered up- 
 wards of fix hundred bad votes, polled 
 for Lord John Town/bend, which, by 
 
 the
 
 THE TRIAL OF GEO. ROSE, ESQ. 
 
 the induftry of my Client, parTed for no- 
 thing, 
 
 Gentlemen, I put this queftion to you : 
 When a man has a fair demand on A, 
 and A fays to him, unlefs you will give 
 up your demand on B, I will not dif r 
 charge you ; what muil you think of A ? 
 I will Jhew my regard to the Public, by not 
 pr effing this matter any further. Gentle- 
 men in \hzfituation of the Defendant, will 
 do well to beware how they defend fuch ac- 
 tions ! 
 
 Lord Kenyons Addrefs to the Jury. 
 
 Gentlemen of the Jury, 
 
 We have nothing to do with the prudence 
 or good fenfe that has brought this Gaufe 
 into public difcuflion. Since it is brought 
 here, we are to do juftice, as well as we 
 can, between the Parties. We mufl con- 
 fider it as a demand made by one indi- 
 vidual on another individual, on a con- 
 tract either exprefTed or implied. And it 
 G 2 does
 
 P2 THE TRIAL OF GEO. ROSE, ESQ., 
 
 does appear to me, that nobody was more 
 anfwerable for this demand than Mr. Rofe. 
 If the WitnefTes for the Plaintiff were to be 
 believed, Mr. Rofe directed the Plaintiff to 
 go on to find out bad votes. It muft be 
 fuppofed that Mr. Smith was to be paid 
 by fomebody, and no other perfon being 
 acceffary to this bufinefs, I proteft I do 
 not know to whom to afcribe the order, 
 but to Mr. Rofe. Mr. Smith had frequent 
 converfations upon this fubjeft with him, 
 and upon the whole of the evidence, Mr. 
 Rofe muft be confidered as debtor to the 
 Plaintiff. 
 
 But here another queftion arifes, and 
 that is " Whether this demand has been 
 u paid ?" This, Gentlemen, perhaps is 
 not ultimately a very important Aftion. 
 
 Mr. Jackfon has told you, that Mr. Smith's 
 bill with him amounted to 129!. 6s. 6d. 
 a.id there was another article, to wit, for 
 collecting fix hundred bad votes, for which 
 nothing was charged ; but thefe words 
 
 were
 
 THE TRIAL OF OEO. ROSE, ESQj. 
 
 were added, <f humbly fubmitted." Mr. 
 Jackfon told him, that he would fettle 
 every thmg^ and that he afked him, Whe- 
 ther 129!. would not fatisfy his whole de- 
 mand? The Plaintiff hefitated for fome 
 time, which he could not do about the 
 Amount of the Bill, for that was only 
 129!. and therefore it muft have been 
 about the Article of the Bad Votes, for 
 which nothing was charged, but only 
 " humbly fubmitted." If that evidence 
 is true^ undoubtedly it {hews, that he 
 was paid the whole of the demand. The 
 whole of the demand ftated in the Bill, 
 amounted exactly to the fum which Mr 
 Jackfon offered to pay, 
 
 I look at this Caufe as other people do. 
 Upon the whole of the Evidence, if you 
 are of opinion that the payment of this 
 Bill by Mr. Jackfon meant to go in fatis- 
 faction of the whole demand, your Verdict 
 will be for the Defendant ; but on the 
 contrary, if you are of a different opinion, 
 and think that this demand is for other 
 
 fervices
 
 THE TRIAL OF GEO. ROSE, ESQ.. 
 
 fervices not included in the Bill paid by 
 Jackfon, you will find a VerdicT: for the 
 Plaintiff. 
 
 Gentlemen of the Jury, it is your pecu- 
 liar province to decide in this cafe. The 
 Conftitution of the Country has placed it 
 in your hands, and I have no doubt but 
 you will do fubflantial juftice between the 
 Parties. 
 
 The JURY immediately found a 
 VERDICT for the PLAINTIFF: 
 
 Damages One Hundred & Ten Pounds, 
 Five Shillings, 
 
 BEING THE 
 
 WHOLE AMOUNT OF HIS DEMAND.. 
 
 RE-
 
 REFLECTIONS, 
 
 ADDRESSED TO 
 
 GEORGE ROSE, ESQ.. 
 
 King's Bench Defeat will open. 
 the eyes of a deluded people. They will 
 infer from that decifion, Sir, why their 
 taxes are multiplied, and hoiv an incorrupt 
 Adminiftration procure their Majorities. 
 It is now upon record in a Court of Juf- 
 tice, that a Treafnry Secretary, in the 
 prefence of his immaculate matter, fo far 
 degrades the character of a Statefman, as 
 to hire men for the defpicable purpofe of 
 Election intrigue. If, Sir, there can be 
 any act more unbecoming than this, it is 
 in not paying the man you employed. 
 
 Clubb, although he meant 
 to bring you off, was fo bungling an 
 evidence, that he was the chief means of 
 cafting you. In one part he fwore, that 
 he never told Smith that you were to pay 
 
 him.
 
 REFLECTIONS, 
 
 him. In another part he fwore, that you 
 told him to inform Smith to give his men 
 victuals and drink, but not to go too far. 
 Do not you, Sir, perceive an unlucky in- 
 confiftency in thefe two parts ? As to 
 not going too far, furely you could not 
 mean it in detecting bad votes j for, had 
 it been poffible he could have let afide all 
 Lord John Townfhend's, it would have 
 been only what you wanted ? It could not 
 mean victuals and drink to Smith's men, 
 as thofe articles had been already ordered 
 by you ? Then, Sir, what did you mean 
 by not going too far ? The only way in 
 which I can explain it, is from what ap- 
 pears, that your friend Clubb faid, in the 
 prefence of his Majefty's Minifter, the 
 prefent Paymafter of the Forces, and 
 yourfelf, when recommending Smith to 
 them, " That he was a {launch patriot, 
 <c and would go any lengths." Knowing 
 his bold capability, from this good cha- 
 racter, your prudence fuggefled, I fup- 
 pofe, that he muft not go too far, as it 
 might lead you into a fcrape. Do not 
 
 you
 
 ADDRESSED TO CEO. ROSE, ESQ., 
 
 you think, Sir, that the ftaunch Pat-Riot^ 
 at Birmingham, have gone too far ? I 
 am fure you, and every good man, is of that 
 opinion. May fome of their ringleaders 
 remain unpaid, and their fecret abettors 
 will be dragged forward into a Court of 
 Juitice, as you lately have been ! 
 
 Your friend Clubb is certainly a man of 
 very great confequence. Although but a 
 Treafury Runner, he fuggesfs opinions^ arid 
 dlrc5ts t indeed, the very Chiefs of Admi- 
 niftration ! This mighty Meflenger ! 'this 
 winged Treafury God, Mercury^ even ad- 
 vifes and controuls our immaculate Stnte 
 Jupiter himfelf ! For is it not now proved 
 in a Court of Juftice, that he fuggefted ! 
 that he advifed the Minifler's Secretaries, 
 in his very prefence ! 
 
 Of what wonderful and weighty con- 
 fequence then is a Treafury Meflenger ! 
 Thete Meflengers, inftead of fitting in 
 your Lobby, where you yourfelf have of- 
 ten fat formerly, fhould fit in Parliament, 
 and enjoy the moll ample falaries ! Why 
 H fhould
 
 REFLECTIONS, 
 
 fhould fuch a TreafurvMeiTen^er as Clubb 
 
 j O 
 
 fuggeil, advife, and direct the Minister^ 
 and his Secretaries^ and have no more fa- 
 lary for a ^hole Tears Jervice, than you, 
 Sir, have for every Jingle Day in the Tear ? 
 At the Tax- Office, had you not but Fifty 
 Pounds a Year? Now, it is reported, that 
 you have Fifty Founds a Day! George 
 Rofe, the Secretary, has a greater income 
 than the Republican Emperor of the Ame- 
 rican States, the illuftrious Washington ! 
 
 Your friend Clubb, in all the haughty 
 exterior of your master, Pitt, it appears, 
 " informs the Court that he had the ho- 
 " nour of producing the mil interview 
 " between Mr. Smith, the Publican, and 
 " Mr. Rofe, the Secretary !" 
 
 In another place, your friend Clubb tells 
 the Court, with much pomp, " /recom- 
 mended Mr. Smith to Mr. Pitt, Mr. 
 " Steel, and Mr. Rofe !" 
 
 Again, your friend Clubb boafts in 
 Court, " that the Commander in Chief 
 
 "of
 
 ADDRESSED TO CEO. ROSE, ESQ., 
 
 " of the Britifh Fleet, Lord Hood, is hi* 
 " perfonal friend /" 
 
 Your friend Clubb, like Middleton, 
 could not recollect, at one time, who was 
 in the room, when he mentioned to you 
 and Mr. Steel, " that Mr. Smith was a 
 u proper perfon to ferve them, as he was 
 " a (launch fatriot y and would go any 
 " lengths r 
 
 But your friend Clubb, in another part 
 of his evidence, recollects that 
 
 "HIS MAJESTY'S FIRST LORD OF THE 
 
 TREASURY '! and 
 BRITAIN'S HEAVEN-BORN MINISTER! 
 
 " was in the room with you and friend 
 " Clubb, when you fettled the bargain for 
 " employing Smith !" 
 
 Your friend Clubb fays, that Smith fre- 
 quently extorts an anfwerfrom you. An 
 old Officer in the Army, who was prefent 
 at the Trial, remarked upon this, * c That 
 " if we were to examine all thofe Gentle- 
 Pi 2 " men
 
 (SO REFLECTIONS, 
 
 " men in the Treafury anti-chamber, who, 
 " while peevifhly waiting upon you, in 
 " deep chagrin at eternal procraftination 
 u and perpetual difappointment, examin- 
 " ing the large Map of London hanging 
 " there, nineteen out of twenty would 
 " fubfcribe to the truth of your friend 
 " Clubb's doctrine." 
 
 Lord Hawkefbury knows that Map 
 well. So do you. Both of you, I am 
 told, have been iludents there, for obtain- 
 ing a complete knowledge of political geo- 
 graphy, among the Meflengers ; although, 
 no doubt, you fludied at very different pe- 
 riods. 
 
 Iftheprefent Adminiftation, Sir, fhonld 
 unaccountably continue much longer in 
 office, I really think that your friend Clubb 
 fhould fometimes prefide in -the Treafury 
 Board Room, as he has often done below 
 stairs, at the Board of Election j and he 
 ought certainly to be ennobled, for his 
 fuperior knowledge, his great zeal, and his 
 inceffant activity. Indeed, Sir, many, not 
 
 half
 
 ADDRESSED TO GEO. ROSE, ESQ., 6l 
 
 half fo deferring as Clubb, have been en- 
 nobled by your Collea ues. In fuch a 
 cafe, I would advife you to perfuade your 
 friend to adopt his title from his name, as 
 it is fo very fignificant. It would moft 
 pointedly indicate his deep erudition a- 
 mong the Bludgeoneers, in all future Elec- 
 tions whatever. 
 
 i 
 
 But enough of Clubb ; as, if I may be 
 allowed to pun, you are by this time, 
 Sir, more difguiled with that Clubb than 
 the French King is with the Club of Ja- 
 cobim> or others with the philanthropic 
 Club of that amiable^ learned^ and benevo- 
 lent martyr, PRIESTLY ! Having men- 
 tioned Prieftly, I much wonder, had Price 
 been alive on fas. fourteenth .> if fat populace ^ 
 (i. e. in my dictionary, the mob) would 
 have paid an igncal vifit to his unhallow- 
 ed Meeting-houfe ? I rather think it 
 would have been in their lift 5 and I, 
 therefore, fo far rejoice in the Doctor's 
 death, as that circumftance has very pro- 
 bably faved the peace of the capital. 
 
 I can-
 
 REFLECTIONS, ' 
 
 I cannot help here congratulating the 
 inoftenfible Lord Hawkefbury, in the ab- 
 fence of Mr. Dundas, who, as Treafurer 
 of the Navy, was reviewing the fleet at 
 Portfmouth ; fo far interfering himfelf in 
 the Secretary's affairs, as to write to the 
 unfortunate fufferers at Birmingham, with 
 proffers to fend the more eminent Counfel 
 to afiiit in their enquiries concerning the 
 origin of the Riots, under the direction of 
 the Attorney and Solicitor General. With 
 all my predilection for the mild Mr. Mac- 
 donald, and the fhrewd Sir John Scott, 
 the King's Attorney and Solicitor General, 
 I beg, Sir, you will recommend thefe 
 Gentlemen to call in, as eminent Coun- 
 fel, the Prince of Wales's Attorney and 
 Solicitor General, Meflfrs. Erjkine and 
 P/gotf. I fhall, in that cafe, have very 
 great hopes of the grand authors of this 
 horrid plot being difcoveredj and furely 
 to obtain fuch a difcovery, neither ex- 
 pence, time, nor talents, ought to be 
 fpared. Would it not likewife be worth 
 while to enquire, why the foldiers were fo 
 long in reaching Birmingham, and how 
 
 the
 
 ADDRESSED TO GEO. ROSE, ESQ^ 63 
 
 the furious populace were fo well trained, 
 and fo humane all of a fuddcn, as to train 
 off', without one life being loft, at the ap- 
 proach of the military ? 
 
 Had the Dt/ettters raifed fuch a mob, 
 I wonder if the military would have been 
 fo tardy in their march, and the lives of 
 the vile mob (not the populace then !) fo 
 miraculoufly have been fpared ? I fee, by 
 - the papers, that the police populace in Dub- 
 lin, too, have been firing, on that evening, 
 a few rounds of powder and ball m the ftreets, 
 upon harmlefs paflengers, by way of a feu 
 de joie y which, very luckily, was ended, 
 without rifing to a Birmingham illumi- 
 nation. Is it not ftrange, nay unac- 
 countable, how tint populace of Birming- 
 ham and Dublin fhould, cvn that day, 
 agree in endeavouring to deftroy the 
 friends of freedom, and the Eritijh Confli- 
 tution? The train was well laid; but 
 I am fure you rejoice with me in this, 
 Sir, that all thole Riots have ceafed. 
 
 To return : enough being faid of your 
 
 fiieiid
 
 6j. REFLECTIONS, ADDRESSED TO CEO. ROSF, ESQ., 
 
 friend Club What a ferious charge does 
 Mr. Froft make againft you, Sir, refpect- 
 ing the Excife-Jine of Smith ? Mr. Froft 
 is a refpeitable character ; and your anti- 
 pathy to Lord Lanfdowne, the noble- 
 man who iirfl drew you forth from 
 obfcurity, ought not fo far to have ex- 
 tended, as to pro&Vibe Mr. Frofl, be- 
 caufe he, like you, has been patroniied 
 by him. You will, I fear, foon rue the 
 day when you quarrelled with Lord- 
 Hood's Agent. He has both fpirit, per- 
 feverance, and anecdote ', to undo you 
 totally in the public opinion. The Ex- 
 cife-fine alone, if properly handled, of 
 which there can be no doubt, will com- 
 pletely do your bufmefs : and after bcring 
 puniilied by public cenfure, you \viil, per- 
 haps, be permitted to retire to Cuttnels j 
 and efcape, by feclufion, the fcornful, 
 pointed linger of your indignant Country. 
 
 ALFRED.
 
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 1 1 inr 1 
 
 s fOr^* inrs 
 
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