Star. — London, England, 1821-08-28 00:00:00

Est• . . couilicera; going on, I consented that the Pipets loil'it&otre.forward to Knightsbridge , wh ich din to Hyde Park-corner. When we got there, found the Park-gate obstructed with car riages, and also the end of Park-lane, to which I advanced. I stopped there whilst the Commanding- Officer of the Life Guards sent down to the Horse- Guards for further orders. After I had been 'there for some time, I was informed that the gates, which were made fast, had been opened, and that the hearse and carriages were proceeding through the Park. I therefore turned into Down.street, and came up with two or three of the carriages which preceded the hearse. I got into the Park by Chesterfield-gate, and overtook the other part of the Procession. As I rode up the Park, I heard the report of pistols to wards Tyburn-turnpike. Before I got to Cumber land-gate those reports had ceased, and the Pioces sion was moving on to the Edgeware-road.—l saw some pieces of timber and an iron post lying in the road. They seemed to be placed there as an ob struction. I passed on with the Procession to the Eigeware-road. I'know nothing of the affray at Cum berland-gate. The Riot Act was not read. The military did not fire by my orders. Ido not know that any other Magistrate directed them to fire. I was sent up to Kensington in consequence of the ob struction that bad taken place there. The military came out to assist the Civil Power, in consequence of my orders. The Officer had a right to send to the Horse Guards without my knowledge. I don't know what the orders were that the Life Guard received. But this is a point of military etiquette, I presume. A Juror was about 'to ask a question relative to the party from whoin Sir Robert had received his orders, when Mr. ADOLPHUS interfered. The question he consi dered to be one not proper to be put to the witness. Mr. Blakie declared, that if the Learned Gentle man interfered in this way, it would be quite impos sible to proceed. Any irregularity was to be cor rected, and any information was to be derived by the Jurors, from the Coroner, and not to be objected to them in this way by a spectator. No doubt Mr. Adolphus was aware of the well-known case of Res v. Baron, I Geo. IV. there it was decided that no Solicitor was to be admitted but upon courtesy to be present at a sitting Inquest. Mr. ADOLPH us contended that Counsel had a right to be present, and that right he claimed as such, not as a matter of favour. He meant to say that at all Coroners Juries Counsel and Solicitors had a right to be present, and he should interfere in a case of this importance, where a legal irregularity might in some degree affect the life, perhaps, of a man. At the last Session but one at the Old Bailey, Mr. Baron Garrow declared that evidence was taken in so loose a manner before the Coroners' Inquests, that a great deal was inserted as legal evidence which ought by no means to appear. Without repeating his Lord ship's words, which were not complimentary to Juries of the present description, he said that " a great deal of irrelevant matter was put on record." The ques tion of the Juror was as to what quarter Sir Robert Baker received his orders from ; and no Magistrate was liable tote called upon for that information. — This fact he (Mr. Adolphus) had suggested to the Ju ror in a low voice, not so as to interrupt him. Sir Robert said that, in point of fact, the cornman der of the escort had the command of the route. — The Procession moved on through Knightsbridge by my consent. I did not order it in any way to pro ceed up through Hyde Park. I did not read the Riot Act; and my reason was, because the only effect —(1 suppose I should say that the last question al ludes to Kensington only ?) Mr. Blakie.—l allude to every place that you had cognizance of. Witness.—The Riot Act was not read at all by me, or to my knowledge ; because the effect of reading it was to make it 4 capital felony for any persons to remain cn the spot for one hour after it was read ; and I had no intention of sitting for an hour in any given place for that purpose. It was my object to get the Procession along as quickly and as quietly as possible. By. Mr. AnotPuos.—The conducting of the escort belonged to the Military Officer, and not to me. I had no orders about it, excepting that when I came to Kensington I was to take a route as near to the one prescribed as I possibly could. There was an -obstruction in Church-street, Kensington,when I came there. There was an immense number of people there, and everywhere else where I passed. Their behaviour was disorderly, violent, and outrageous in the extreme. As far as I had an opportunity of ob serving the conduct of the military, I thought it per fectly good ; they were much insulted in my presence by the populace. I saw a great many stones, and , mud, thrown at them. I was struck myself with 'mud. The soldiers, while I was present, chewed no disposition to revenge that conduct ; but they endea voured to force the gates open by cutting at the peo ;le either with the edges or the backs of their swords, I don't know which. I had seen stones thrown at them before they cut at the people at the gates. — Certainly I had. I was on horseback all the time ; and in Piccadilly I had some conversation with an Officer of the Guards. Did you say to that Officer, or any other, "I will take upon myself to answer for all that may happen?" The Foreman understood that no conversation was to be allowed to be given in evidence. Mr. Adolphus was breaking the rule. Mr. ADOLPHUS explained that this was perfectly necessary and regular—a witness had deposed to such a fact ; and it was essential to ask the question of Sir 11.. Baker, otherwise the first Witness would remain totally uncontradicted. Witness.—l did not use the expression, "If any thing should be done, or should happen ;" but the words that I did use were these—" I will take upon myself the responsibility of deviating from the route, if it be necessary." Mr. WAITHMAN said, that the impression on his mind, as to the evidence of one or two of the wit nesses, particularly Greig and another war, that they used the word " responsibility." Mr. ADOLPH US admitted, that though he was read ing from the short-hand writer's notes, that was not evidence which was to govern the Court; therefore he would not contend for that. The CORONER referred to Crowley's evidence, from which it did appear, that Sir Robert B . 4ker said, "he would take it upon himself. .. A hirer (Mr. Gall) referreti to Gre;g's evidence, which was also turned to by the Coroner ; and from that it appeared that the conversation deposed to by dist witness was in substance correct. Sir Robert Baker.—l do not know Mr. Greig: there was a person on horseback, who was particu larly anxious about the Procession going through the City, and who frequently came up and addressed me. I did not tell him that I thought we should be obliged to go through the City ; and that if we did so, _we must pass down St. James's-street and Pall mall, as it was market -day in the Haymarket, and that place would be blocked up with carts. Ido not recollect his sayiag anything about Mr. Alderman Waithman or Lord Hood, or giving him any autho rity to go and tell them. I must further explain, for not recollecting precisely the words I may have used, that at• the times this person addressed me, there were generally five or six other persons talking to me at the same Moment, and on all sides. What I said (according to the evidence of Greig) about Carlton house to this person, desiring . the exertion of his in fluence to prevent any insulting .demonstrations be fore it, is perfectly correct. The intended line of the Procession was not altered at any time by the free will of the persons appointed to conduct it, but in obedience to a force which I could not resist, with out (in my judgment) occasioning a serious danger and injury, as well to the soldiers as to the crowds who were collected, and to the parties attending the Funeral; many of whom were females, and had been shut up for hours in carriages, in a state of alai m. By a Juror.—The Procession was turned into the Park without my knowledge. We were then stopping for further orders. I had given my consent to go through the City, if the other route was not practicable. By another Juror.—l have no reason to know, of my own knowledge, either that a person was dis- I patched for further orders to the Life Guards, or that any one returned from thence with them. The Commanding . Officer said he had sent a man, and I cannot doubt it. By another Juror.—When I arrived at Kensing ton, I considered that it was my duty to lead the Procession as near the prescribed route as possible, and that I Was accountable for any deviation from it. My consenting that the Procession should go another way, and not the one prescribed, arose from my ap prehension of danger. I did communicate that ap prehension (as I apprehend) to the Commander of the escort. I received no. particular answer that I remember to that communication ; but I understood that he was willing to go any way that I should di rect. The name of the Officer, whom I considered to be the Commander, is, I believe, Captain Bou eerie. I. did not know him before; Ido not know him now ; I understand that is hisiiame. Juror.—l understand you to say the Officer con sented to go another route, and not the route origi nally prescribed. That being the case, do you not consider that any person who obstructed the line you last prescribed was disturbing the public peace? Witness.—l had prescribed no line. I wished a route to be taken as near as possible to that prescribed. I saw nothing of the affray near Cumberland-gate. By the Foreman.—When I came up, the gates at Hyde Park Corner were obstructed; whether they were shut or no, I could not see. Sir Robert Baker's evidence was then read over to him; after which he corrected that part et it which referred to the Officer of the guard. He said his evidence was, that he did not know what the orders of the Officer were originally ; but he afterwards learned what orders had been given to him. He told me his orders were peremptory to keep the pre scribed route. By a Juror.—Was it the soldiers or the people who turned the Procession into the Park ?—I do not know. It vi as done without my knowledge. Ido not know whether it was either, as the whole was without my knowledge. By a Juror.—Did you consider yourself at liberty to send for more soldiers, if necessary ?—Yes. Sir Robert Baker then signed his deposition and withdrew. The For eman.—Before Colonel Cavendish is called, I think it necessary to state, that the two soldiers for whom summonses were issued (Corporal Haywood and another) cannot be found, and I shall move that, before we rise, fresh summonses shall be issued, that they may be here at our next meeting. Lieutenant-Colonel Cavendish was next called and sworn.—My name is Henry Frederick Compton Ca vendish. I live at Hyde Park Barracks; I am a Lieutenant-Colonel in the Life Guards. CORONER.—Do you know anything of the death of Richard Honey ?—By report, I do ; but not of my own knowledge. CortoNee.--Does any of the Gentlemen of the Jury wish to ask Colonel Cavendish a question? A Juror.—Pray, Sir, who commanded the detach ment of the Life Guards on the 14th instant?—Cap tain Oakes had the chief command. What subalterns had he under his command? — Lieutenant Story and Sub-Lieutenant Hall. Another Juror.--There were some detachments be sides tirese?—Yes ; there were four. Was there one under the command of Lieutenant Terry ?—There was. Do you know where that was stationed ?—At Kensington Park-gate. I rather think I should have said there were four detachments, besides that un der Lieutenant Terry. All the detachments went out at the same time. Do you know the station of each?—l do. Who commanded at Hyde Park-gate?—A corporal. Who at Cumberland-gate ?—Lieutenant Gore. How many men did that detachment consist of under Lieutenant Gore ?--Twelve or thirteen. Were there any corporals ?—They *ere included, twelve or thirteen besides the Officer. Who commanded at Stanhope-street-a corporal. Who at Grosvenor-gate?—Another corporal. Was there any Officer assisting Lieutenant Terry ? —None to my knowledge : none sent out of the Barracks. Was there any Officer to assist Lieutenant Gore at Cumberlandlate?—None. (The Colonel added, I wish to say, m order to be correct, there were, as I believe, a trumpeter and corporal included in the de tachment I spoke of.) Another Juror.—l with to know whether Lieute nant Terry remained at Kensington-gate, or was he on an o ther duty?—He was on other duty that mornin g . Will you have any objection to sate what that ?--A was?—l have no objection. I sent him. on a message down to Captain Oakes. Where was Captain Oakes then 2—He was in Pic cadilly, near Hyde Park-corner, at least that is where I sent to find him. COnowen. —Where you expected he was ?—Yes. Foreman.—Do you know the name of the trum peter who was out with Lieutenant Gore on that day ?—No, I do not know ; and therefore I should not like to mention any name. Another Juror.—He belongs to the H troop, and you must know ?—I do not know. Foreman.—Do you know whether Hyde Park corner-gate was shut when the troops went down?— ' do not. Do you know whether orders were given to the Officers on that day to act under the Civil Power? — I do: they went out for that purpose. The first three Officers. Do you know whether Lieutenant Gore had pistols with him on that day ?—I don't know for certain : 1 heard he had not, on inquiry. Do you know whether he had any lent him on that day ?--I can't say. What sort of a man is Lieutenant Gore 2-11 e is a young man, rather tall. Is he light or dark ?—Dark I should rather say. By a Juror.—ls his hair light or dark?—Much the colour of your own. (The colour of the Juror's (Mr. Blakie's)—ratht r of a brown colour). Is Lieutenant Gore perfectly qualified to carry pistols ?—Perfectly so. Do you know how long Lieutenant Gore has been dismissed from his riding master ?—I do not know: he was so before I joined the regiment. Do you know if the name of the trumpeter of the troop is Farmer 2-1 don't know. Have you a trumpeter of that name?—l can't say; I have only been with the Regiment three weeks or a month. I don't know the names of the trumpeters. I joined the Regiment on the day of the Coronation. Examined .by Mr. ADoLerius.—l saw the most of the detachment go out on the 14th ; they were in good spirits, and appeared in perfect health. They were clean and well accoutred. I saw them on their re turn. There were 36 of them went to the Hospital, and eight, I believe, remained ; but I can't exactly say to this. The men were covered with mud and dirt. I know the number of men wounded by the official report which the surgeon made to me. Those eight men were absent from the next parade in con sequence of their wounds. I-saw the horse,: one of them was cut under the throat, apparently with a knife, or some sharp instrument. You know Lieutenant Gore: is he perfectly qua lified as an Officer ?-1 have not much knowledge of Lieutenant Gore. As far as I know, he is. Here this kind of question was objected to. Mr. ADOLPHus contended that a professional man might be asked that which concerned his profession. The Foreman said, that the Coroner seemed to have transferred his authority to Mr. Adolphus, and he*.protested against his laying down rules for the Jury. Mr. ADOLPHUS said, he ought to have addressed himself to the Coroner on one occasion, and he would do so in future; but he was not conscious of any farther deviation from his duty. Mr. WAITHMAN contended, that the question was onz which ought not to be pressed. If Colonel Ca vendish did not think Lieutenant Gore fully qualified, the question would place him in a very delicate si- tuation.—The question, after a good deal of discus sion, was not pressed. A Juror asked whether it was not likely that one soldier, in the confusion of the moment, might not have cut the horse of another with his sabre? The CORONER asked, how could Colonel Cavendish tell exactly ? It might be so, no doubt. The Juror.—Mr. Coroner, you are our father; and like all fathers that have many children, you are a little more partial to some than to others. After some short discussion, the question was al lowed to be put, and Colonel Cavendish answered, that it was possible, no doubt, that the cut in the horse's neck might have been given by the sword of a soldier, but it was extremely improbable. By a juror. —The Officers on the 14th went out, as is usdal, on field-day orders. They might, with those orders, carry pistols or not ; sometimes they are or dered to carry them. They had field-day orders on the 14th. By Mr. ADOLPHUS.—When Lieutenant Gore was sent out, it was to take charge of one of the Park gates, without any express reference to the Civil Power. It heal no reference to the Civil Power. By the Foreman.—Ball cartridges were given out to the troops on the 14th, in the same way as on all. occasions where they go out to assist the Civil Power. I ordered them to be accoutred in every respect as they usually are on such occasions. I was not present when the ammunition was given out. I don't know whether Lieut. Gore got any ammunition that day. In answer to a Juror.—l have said that Captain Oakes and Lieutenant Terry went out to assist the Civil Power ; but that the other Officers proceeded, by orders from the Horse Guards, to take possession of the different gates. Mr. Brown.—lt is an extraordinary thing that a detachment of two corporals and ten men should go out, and yet their names be unknown. Colonel Cavendish.—l do not know the names of the men. Mr. Brown.—But you can tell how we can get at the names. We sit here to inquire into the circum stances under which the King has lost a subject ; and we should ill discharge our duty if we did not inves: tigate the matter clearly. The law gives us ample power for that purpose. Colonel Cavendish.—l could procure a list ; but I will not answer for its correctness. Mr. WAITHMAN.—The proper question would be,l a who nt tta answer, s s. the wß err o w p e unn r s unless you by ywoi ul w l o h nr o m odt e rs me, list ed,o wcmannr Mr. Coro n er. otr ol }tarnished elrr.ececi o [keel Cavendish, I ask you who is the proper person [ to supply us with a list? • Colonel Cavendish.—The Adjutant is the most likely person. A Juror.—He has been applied to already, and has Il lef f,v M m erre ou r r . r. d ß ADou r us s o w t o thr . H — y ;M: e . e r n . xap A mre d es o s l ce th thh u i s es , p i3 e e rso rh n ar you would astonishment at such a request. W w observed that no Gentleman had Mr. AlTHmik a right to read a lecture to the Jury. M .: s l :y 1 1 a th e a c t t r to e J A u DO ry L o P r iTtr an s i — on l e d el o , n e o ; t b m ut ea l n in to r ust r equest of the worthy Juryman was of a most extra- the ordinary description. Mr. Caife, a Juror.—The best way, perhaps, v an be to summon the whole of the detachment who were at Cumberland-gate on that day. Every obstacle is thrown in our way. lam not surprised that private soldiers should give us trouble by their unwillingness to answer questions, but it is really extraordinary that their superiors should pursue the same course. The Foreman.—lt is under consideration to sum. mon the detachment. Obstacles are thrown in our way, but if we sit for a twelvemonth, we will probe the matter to the bottom. Mr. Brown.—We have legal Gentlemen atrione i r us, but they are employed on one si de. They ha ve sent one of the most learned men in the country to attend on this Inquest, and I am sure, if we were not the most good-humoured, he would not hive been suffered to remain so long. We must apply to the Ring to afford us Counsel. It certainly is his • cause, for he has lost a subject. Here the evidence of Colonel Cavendish was real over to him. Prior to his signing his depo;l:ion i:e stated, in answer to a question put by Mr. Caife, th.lt the horse which was brought to the barracks wounded had been ridden by corporal Forge. Mr. Blakie.—Colonel Cavenwsn, before von lease the room I cannot refrain from nlaking known to you the unworthy conduct of a part of your regiment stationed at a gate leading into the barracks. Men, as Jurors, we went there, we were violently assaulted and grossly insulted by the soldiers. For myself and my fellow Jurymen, I protest against this unlawful conduct ; and I beg that you will make known to the individuals who thus behaved, that we are duly sea. sible of the outrageous obstruction which they op posed to us ; and that we will keep it long, very long, in remembrance. The Foreman.—l believe you speak the unanimous sentiments of the Jury. Mr. Caife.—Colonel Cavendish was present, and ordered the men to do their duty. Mr. Blakie.—Yes; and they did their duty by cut ting my mouth. Colonel Cavendish.—l cannot answer to these matters. lam summoned to speak to the death of Richard Honey. • Mr. Caife.—The inspection I allude to related very essentially to the death of Honey. Colonel Cavendish.—l wish to know whether the Jury will want me again? I have particular business in Derbyshire, where I would have gone Otis morn ing, had I not received the summons to attend here, which did not reach me until within half an hour be. fore I came here. Mr. Caife.—Your being again wanted depends on circumstances. We cannot guarantee that your pre- sence will not hereafter be required. Colonel Cavendish.—l shall be in town on Sam.. - day, and if I am wanted, I hope a sufficient notice will be given to me. The Foreman.—Undoubtedly you shall receive suf. ficient notice. Margaret nate, of No. 2, Great Cumberland. . street, a servant to Mrs. Dorset.—Saw some soldiers come through Cumberland-gate, and one of fielt horses fall. Saw the hearse come through the gate; t ie the mob turned the heads of the horses towards 1 , St. Giles's, and the soldiers turned them back again to the Edgeware-road. I saw the mob throw stones at the soldiers, and the soldiers cut at them with their swords, but was not near enough to see if any were hurt. Did not see any of the soldiers fire. The sol dier who fired had a red coat on. I saw nothing thrown at the soldiers. By Mr. ADOLPHUS.—WiII you undertake to swear that nothing was thrown. A Juror objected to this question as unfair. Mr. ADOLPHUS contended it was a proper question. Several of the Jury objected to Mr. Adolphus put ting any questions, and contended that lie had no right to be present. Mr. ADOLPHUs contended he had a right tobe there. One of the Jury said they could conduct the inquiry and decide conscientiously without his assistance. Mr.ADOLPHus.—I have no doubt that you will dio charge your duty, and discharge it conscientiously. A Juror (Mr. Blakie) wished to know if Mr. Adel phus had any authority to attend, or right to be here? The CORONER thought Mr. Adolphus ought to be allowed to put such questions as would tend to pro- mote the ends of justice. One Gentleman had bees permitted to put questions, and why should not Ma Adolphus ? Mr. WAITHMAN said, he had attended for a party. Mr. Adolphus did not state for whom he appeared. Mr. ADOLPHUS said, he appeared for the parties for which Mr. Hanson had appeared. He was yre pared to contend for his right to be present; but diJ not wish to go into that argument now. One of the Jury wisbed to adjourn and take Court sd's opinion as to the right Mr. Adolphus had to be present and to ask questions. The CORONER said, Mr. Adolphus certainly had a right to be here and to ask questions. The duty of the Jury was to inquire temperately into the cause of Richard Honey's death. They were not to seek the verdict of Wilful Murder against any particular in- dividual. J. Brown, lives at No. 2, Great Cumberland.street, is butler to Mrs. Dawson; was in the b a l c ony, SO , soldiers before the funeral came up , th e y were riding. about; and I saw a tall thin person r idin g about, an d giving them orders. When the funeral approached, there was a great contest between the people andth.e soldiers, the people having closed the gate, and the soldiers attempting to get it open. At length tl hearse came through the gate, and the people 21 : tempted to turn it down Oxford-street ; and at nee . time, I thought. they would have succeeded, the. horses were turned, some one way and some anoti .te I saw the tall thin Gentleman riding and giving w soldiers orders, but I do not believe I s hould ke ol him again; when the hearse was turned, I heard ci t ies, of " Murder !" and immediately after, firing; apd soon after a man was brought by on a shutte: , there were great cries of " Murder ! s hame. f r . man was taken through the gate , and I saw no. of it. The mob dispersed diff erent ways, and t" neral went on quietly. I saw no stone s throlvr.: about twenty minutes before the hears e cam e b rs, did not see any person fire. When the sol d. 11, " tempted to open the gate there was a cry V of murder! and butchers!" and stones were thro