The Sun. — London, England, 1828-03-01 00:00:00

When cone ar al against the Crown. As to the objection of his Homy able Friend (Mr. Fergusson), to what he had said ahe t Ram of Ramnad, he had been snisunder atood—hed I not object to the keeping of the kingdom in the bands f sheriff's officers, such being the law of the country, to the delay in the decision. That Gentle man also el listed the propriety of the introduction of Ju ries into I; 'ia. But as he (Mr. Brougham) liked autho rity for ar statement, he would give hie. (Here the Learned C it. referred to the case of the Brahmin at Ceylon, who had, y his intelligence, succeeded in procuring a legal verdi c t m r when the rest of the jurors were prejudiced in favour of • .e party against whom they decided.) He then read an e: ract front an address published by, we believe, Si r Hardi: Giffard, the successor of Sir A. Johnston, who, aft er s t a ti, , that during the Canadian war the maritime districts n": re greatly disturbed, said, looking to the period of the last-two years, no instance of sedition or trouble had occur? el, and asked to what was that attributable— not to ar ' charge in the Government, which had been uniformly, nild, but to the true causes, viz.—a long and steady adr nistration according to British principles, and above all trial by Jury." He (Mr. Brougham), did not Possess th document when he had last spoken, and it Rent on tc state, chat " that happy system had acquired the esteem ane admiration of the country, and was as much beloved b the people as their own old institutions ; and he would • re to assert, that through it the British settlers had an in rest with the natives, which the Portuguese or the Dutch never possessed." He (Mr Brougham), had before salt' that it would be better to trust to the hearts of the native than 450,000 Sepoye, whose swords might he of excellent • mper, but whose spirit might he doubtful, As to the inn lucticn of the Jury system in India, he had only to ob rve, that it was by no means a novelty in that country. lie had reason to believe that a practice pre vailed ther of referring disputed questions to five men. This they light call decision by a Jury, or not, as they thought p per—or arbitration if the word pleased the Hon. Gent. bet. But whatever name might be given to the tribunal, i. was used to decide cases between man a.-rd man. It might p haps be necessary for him to say one word on the subject f Magistrates, so often referred to in the course of the press t discussion. He very much wished to guard against bein l , understood as pronouncing upon the country Magistrates condemnation so sweeping—an attack so unsparing an• headlong, as that which had been attributed to him. Not vg could be more unjust, than when a Member feels his duty to make a general charge, upon a system, that is imediately to be considered, as making an attack upon the individuals concerned in the maintenance and operation I that system. It has always happened that persons ma ng such charges are peculiarly obnoxious to the imputation of making personal and individual attacks upon the parties terested. Nothing could have been fur ther from kis in ntion than to make any charge of such vague and general rnputations. He entertained the highest respect for a very seat proportion of those voluntary and unpaid administra rs of public justice. He thought them of the greatest use n the community, and entitled to the highest praise, sti it was his opinion, that unless some great change was e .cted, either in the mode of their no mination, or in the nature of their responsibility, he must say that the cysts: would continue to work in a manner pregnant with misc ef; but though such were his delibe rate convictions on t a subject, it was not thence to be in ferred that ho meant doggedly to adhere to every general declaration of his, applying to each particular indivi dual of the body; h merely contended for a change in the mode of nomination nd the nature of the responsibility.— He thought it the more necessary to- be precise and minute upon this sub . •t, as reports of his speech on a for mer night had gone f th which were incorrect in many imPerl ant particulars- incorrect from many causes—most of them, no doubt, um oidable from the very nature of the subject, and the circu, stances under which his sentiments were delivered. Whin he stated on that occasion was this —that the mode of ap • iintment by the Lords Lieutenant, be it right or wrong, a is liable to this objection, that it Ought to be under a w re effective control. It might not be possible to find abe er mode, but the absence of suit able responsibility and mtrol was what he chiefly objected to. It would sometirn a if not generally, be found, that Lords Lieutenants wel subject, as men placed in their circumstances must nes wilily be, to local prejudices and private feelings, and th ; they were often found to appoint individuals to the Magi racy under the influence of a desire to gratify men powerfu in the county—under also a wish, by mutual accommodat n, to obtain similar and other fa vours from other Lor. Lieutenant of Counties. If he continued to acquiesce i the appointment of such a Judge, it wa s because he could not find better or safer ; but still he contended that his a; ument was perfectly irrefragable ; nor was it for a monies, to be denied that many and ex tensive abuses existed, .1 the snore frequently that power and authority-was used, the greater was the necessity for an alteration in the re onsibility of the Lords Lieute nant. That wee his Lrgument. If Lord' Tenterden erred in his judicial cap icy, or Mr. Justice Holroyd, Mr. Justice Bayley, or Mr. fustice Littledale erred—he was responsible to his own p, per person—his judgment in any ease was open to be revived. If he declared an errone ous opinion at Nisi Priu it was liable to be,considered by his brethren of the Cou ;in Term. If the whole Court erred, its judgment was open to revision by the Court of Exchequer Chamber, an in the last resort, by the House of Lords itself—they an known by their proper names— every thing they do and yis open to revision and correc tion. They are not chot nby the Lord Lientenant of the County—they aye chosen , y a responsible Minister of the Crown. They are select I for their skill and knowledge from the whole profession But in making these observa tions he was not to be un 'erstood as meaning to say that ti le whole of the unpaid fagistracv were to be abolished at once. He thought, he ever, that some limitation of the number at Sessions m it be desirable, and that those sittings at Sessions should not be so frequently changed. The Sessions had no res insibility—nobody out of that House cared what was N. lof the Sessions. The Hon. Member for Duugarvan, ore nimble than he (Mr. B.), said he jumped at the offer of setting free the Magistrates f ro m the toil a n d respons ility of Licensing Alehouses— he, too, jumped at it—p laugh)—so would the country jump at the offer, and 1 glad to see it thrown over board. If he bad known his before he would have been glad to jump at it. He wish I now to make some explana tions relative to what fell from hint on a former night, and respecting which he h I received several letters—one amongst the number was ono an eminent brewer, in which he stated the fact of .e Golden-lane Brewery not having raised its beer a pens . There was no foundation for the statement which he ( 'r. B.) had formerly made on the subject--in his own jus: ication, however, he must take occasion to say, that the information, which led him to make such a statement, w I derived from a letter on which he had reason to place sliance, but which the result bad proved was misplaced. Ile did not wish to say any more upon the subject of sewers, or their connexion with Magistrates--he had no loubt that many respectable individuals belonged to both c ases. Again he would re pest that nothing was more re cote from his intention than to impeach the character of tilt country gentlemen; and as to the brewers, he was equally desirous of not being sup posed to impute any thing iml oper to them as a body.— He still confessed, however, tb t. his objection to the cleri cal Magistrates continued in f• I force. The two scru ples, excellent in themselves— he Parson and the Jus tice—formed, when united, a lost nauseous compound. —(Great laughter.) This, 1. observed, was often the case ;be did not say it was xays so ; he knew ex ceptions were to be found. The Honourable and Learned Gentleman then refers , ' to the number of letters which be had received, and tl impossibility of his an. swering them all ; and which he trusted the writers would attribute to any thing 11' er than want of proper respect. Many of those letters ontained the most satis factory declarations from Magist rtes of their full persua sion of the necessity of a thorou} reformation in the law as respected their own class, an others were from prac titioners of the law, also express: a of their assent to the positions which be had advanced He then went on to express his concurrence in the an ndment to his motion, which had been suggested by th Hon. Gentleman oppo site, and proceeded to enumera the points which he meant to exclude from the inqc ..ies of any commission that might be appointed—for ex nple, the criminal law, the commercial law, the law of merchant and factor; though he was perfectly ready to !mit that much of our commercial law was as bad as bad ould be, especially that branch of our commercial law wh Is related to partner. s hips' To determine whether A ,vas the partner of B, was arnongst the most difficult clue ions that could be sub mitted to a lawyer. The whole of this required re vision, as did likewise the bankrui laws ; but, as he had a l rea dy said, he would leave them at of the consideration o f the Commission. —(Hear, h r.)—He also conti nued to think th a t t h e Court of C sneers' ought to be ex cluded only so far as the prop ed reformation in the C o urts of Common Law might etre - it. As to the Court o f Chancery he would say one wor : he hoped and antici pated from the Commission, shoul it be appointed, that muc h of the business which had be t drawn into the Court o f Chancery, would be restored to the Courts of Common L ava . He saw no reason why tie tees should not be as e asily sned in a Court of Commt Law as in a Court of Equ i ty . Why should not a Court, of Law also take cog : nizance of cestui que trusts; ne her should mortgagees b e prohibited from acknowledging in a Court of Law, as veil as mortgagees. Having said so much on the subject Cortl of Equity, be would, f C "Pes PA desire to 0 eilitte,: iernis et d flute/4 , -. t 9 what taught thA reyancmg. making hail ariPtl in certaitt the Eccle— mere, with :onvtliturs ndment. he thought every ten of satisfy him, tf every thing n mind two discussion he vil for which ally, but for t the remarks remedies he )t two objec t), reasoning rt the laws of differed front den) who had to perform a eh was made arliamerit.— the Learned Member, not see in those in's authority :ularly when srter of an the space of lose very re the Learned to account of word would lily or in fee, such circum- I that he (Mr. on the con- II suited for as—what he should be sr if he had suffered, or DIV a tenant he particular veyance, for al, viz.—that at a particu family settle ) to describe object to be taitous mode, ralid, but at lo considered ring the pro , in which a -enervation of L enough was ids of corn ily, in what although he the law.— seers, a very e distinctions tell, and the the effect of He wanted certain for es for life or rder that in g, - and have Magistrates, and convic ing quashed. other point, hich the So answer his Ur. Stsgden be law, and tness Mende, ee case the Llso referred 3t bad been proved the ope 4bOttrr refer them more particulatly tf) any Commission that might he appointed. He then proceeded to state the alteration with which he would submit to the House his original motion. It would now stand in substance as follows: " That an humble Address be presented to his Majesty, praying that he may be graciously pleased to direct that a Commission may be appointed to inquire into the defects of our law, occasioned by time and other circumstances, in all that relates to the conduct of an action at law, from its origin to its termination; and also, that his Majesty will be graciously pleased to direct a Commission to he ap pointed, to inquire into what amendments can he made, or are expedient, in the Common Law, in all matters re lating to the transfer of real property." It was of little importance (continued Mr. Brougham) what Commission might be appointed, or with what powers it might be invested, unless they were men emi nently distinguished for their respectability—their general character—liberal feelings, and sound judgment, attested by their practical legal experience. Unless the greatest regard were had to these considerations, it signified very little what Commission might be issued, or of what per sons they might be composed. There were many mem bers of the legal profession who had devoted much of their time and attention to the law of real property—many more who had made themselves minutely acquainted with t e whole proceedings in actions at common law, and some whom he happened to know as feeling the greatest zeal in the good work, who had really the melt vehement desire to devote their best powers to promote such an amendment in the state of our laws as all men acquainted with the subject must Atha its present slate urgently demanded.— (Hear, hear, hear.) Leave was then given to withdraw the original motion, and the Hon. and Learned Gentleman's proposition, as al tered by himself, was put and carried unanimously. MUTINY BILL. Lord PALMERSTON brought up the Mutiny Bill, which which was read a first time, and ordered to be read a second time on Monday next. Mr. CROKER brought up the Marine Mutiny Bill, which was also read a first time, and to be read a second time on Monday. Lord PALMERSTON presented papers relating to the distribution of the Waggon Train, which were ordered to be printed. The House then adjourned at One o'Clock. MANCHESTER POLICE ACT-GENERAL MEETING, FEBRUARY 28. (REPORTED EXCLUSIVELY FOR THE SUN.) For some time past this town has been completely divided into two parties, whose opinions with respect to the appli cation of the profits, arising from the Gas Establishment, are greatly at variance. • By one party it is contended that they should be appropriated to the improvement of the town, under the provisions of an Act of Parliament known by the name of the " Market-street Improvement Act ;" and by the other, that the profits of that establishment should be so applied as to diminish the rates of the con sumers of gas. Many persons qualified as Commissioners of Police, under the existing Act, and a meeting of those Commissioners was held, which terminated in such a manner as to render it absolutely requi site that another should he convoked, of which the object should be the immediate application to Parlia ment for a new Police Act. In consequence of this impression, a public meeting was called by advertisement, to be held on this day at the Collegiate Church. So many attended that it was considered expedient to re move to the Town Hall. About twenty minutes after eleven, Mr. Ramsbotham took the chair; and Mr. Walker read the requisition for convening the meeting, which had numerous signatures. Mr. RICHARD POTTER inquired how many names had been attached to it, at the time it was first presented ; for considerable additions had been made. The original num ber was 99. Little or no notice was taken of Mr. Potter's inquiry. Mr. noon fIo RSITY Btu LEY thought that the time of the meeting might be considerably saved, if the meeting would at once come to a resolu tion, declaratory of their sense of the proposition be fore them. To this he could not expect any opposition ; for recent circumstances had shewn, that a change in the Police Act was really necessary. After a few more obser vations to the same effect, he concluded by moving, that " Recent circumstances have demonstrated the necessity of a change in the constitution of the body of Commis sioners of Police, and that an Act of Parliament for that purpose be immediately applied for." The motion was seconded by Mr. G. W. Woon. Mr. BAXTER agreed to the motion in principle, but al together disapproved of the word " immediately." If that were emitted, the motion would meet with his con currence. Mr. BIRLEY could not consent to the retraction of a word, which lie considered to be essential W the particular object of his motion. Mr. BAXTER said, that he was sorry to occupy the time of the gentlemen present; he was absolutely convinced of the necessity of an alteration in this Act. The present, however, was not the proper opportunity; for it was had to legislate, when bad feelings were excited ; and he would therefore move as an amendment, that the word " immediate "be left out of the original motion. By this means a Bill might be prepared so as td be left open for the consideration of the ley-payers. Mr. Ricir. POTTER did not think that the amendment went to a sufficient length ; he had carefully attended to these matters, and was enabled to mention some others of an extraordinary kind. He had seen the notice in the papers for a new Act of Parliament, called the Manchester and Salford Improvement Bill, and he requested the chair man to read that petition which had been sent up for the purpose of obtaining it. If that gentleman would not pro duce it, he was enabled to do so himself, for be had pro cured a copy of it, not by any disgraceful, not by any unjusti- fiable means—for he had caused the Journals of the House of Commons to be searched.—{Mr. Potter here read a pe tition which purported to proceed from the Boroughreeve and two Churchwardens for the time.3—He requested to know what authority these gentlemen had to present this petition? Their conduct had not been sanctioned by the town, and they ought to have called a meeting before they had proceeded to such a length. Mr. Potter then raised some objections to the language of the requisition by which the meeting was convened ; he excepted strongly to one part of the petition, in which it was stated that eigh teen hundred additional commissioners having beer. recently made, it became necessary to have a new Act. He would ask, which party bad, during the last two months, made the most commissioners? Mr. Potter al luded to the last meeting which was held in the Town hall, and said that he should be the last to make an inquiry as to the authors of the violent proceedings which then took place. " Let him who was without blame cast the first stone." At present the town was not sufficiently calm to take that matter into discussion, and, consequently, the . - proposed measure was ill-timed. The evils of introduc ing such a Bill at such a time, and under such circum stances, were too apparent to be dilated upon. He re ferred them to the Market-street Improvement Act, of which he did not consider the operations to be at all to the benefit of the town. He hoped that the ley-payers, in the present instance, would save their pockets, and not give their votes to a measure like that which was before them. Most particularly he wished them to be peaceable ; for he could assure them that the projectors of this mea sure might as well attempt to stop the tide of the ocean, or arrest the winds of heaven, as to carry that Bill through the House of Commons daring the prsent Session. Mr. G. W. Woon was sorry to occupy any time, but some observations of the last speaker called for a reply. He had told them that they might as wen attempt to alter the laws of nature as to take the proposed Bill through the House of Commons. Why ? What barriers were opposed to them in the House of Commons?—(Cries of " The ley-payers.") —Mr. Potter also recommended that they should reconcile the feelings of the town, by letting the present business lie over to another Session ; but this was rendered impossible by the circumstances which had already been alluded to, and which occurred at a former meeting. That Gentleman had also mentioned a requisition, addressed to the Churchwardens, which had been refused on the ground that its object was not of a parochial nature ; and he therefore complained that the Meeting at which the petition was agreed to be sent up, was irregularly convened, Mr. Potter did not always think so; for he held the copy of a c ounter-requisition, similarly addresed, in which Mr. Potter's name appeared among the signatures. Now, the first was refused on the ground stated ; but the present was granted, because it was really the business of the ley-payers. (Mr. Wood was here interrupted.) As to the additional numb e r of names which had been obtained to the requi sition for this Meeting-, such had frequently been the case, and therefore it could not justly be said to be unprecedented. Mr. BAXTER—But it is quite irregular. Mr. WOOD said it was far from being unusual. Al lusion had been made to the number of Commissioners who had been recently appointed. This measure had not ema nated from him or his friends ; they were not the parties who had thrown the town into contusion. The petition had been pronounced an unjustifiable proceeding, as re garded the time. Now the forms of the House of Com mons require a certain number of clap' notice, in order to allow all the puties kutergted to judge of the objects contemplated in any proposed Act; and this time he thought would be sufficient. The Amendment proposed the admission only of the word " immediate," so that the change in the constitution of the ley-payers was ad mitted to be necessary. But why should it be delayed twelve months ? lie saw nothing to prevent the Bill from passing through the House of Commons, if in its wisdom it allowed that measure. Mr. DAVID HOLT was totally unconnected with any of the parties who had addressed the meeting, and was, therefore, to be unbiassed ip the few remarks which he had to make. A stranger, who heard what had passed, would naturally suppose that the rights of the town rested in the hands of a few individuals. Such, however, could not pos sibly be the case ; the town would not cowardly surrender their rights. The conduct of the promoters of the propo sed Bill did not appear objectionable; they merely proposed to prepare the way to an amelioration of the management of town's business. The ley-payers, on one occasion, had ills graced themselves, but he hoped that the conduct of the present meeting would be such as the importance of the case demanded. What they had now met about was for the benefit of all. He had no notion of high or low parties, of which much had so lately been said; as ley-payers, they were all alike ; and he could see no difficulty in find ing a nnmber of men, who would be able to transact the business of the town to the satisfaction and benefit of all.— He would, therefore, suggest that a Committee be appointed to prepare a Bill for their consideration. Mr. W. liru.vEr thought that by delaying the proposed Bill the concurrence of the town at large might be snore fully obtained. He approved of a Committee, and hoped that they would not be too precipitate. Mr. J. GREEN observed that all parties seemed to be agreed on the absolute necessity of a change in the Police Act. This, indeed, was what had been admitted by the leading speakers. For his own port, he would refer the whole question to a Committee, which should embrace men of all parties. The list of names which he was about to submit Co them, would be found to contain the names of the gentlemen who had spoken both for and against the proposed measure. He then moved, as an amendment, that 7 3 gentlemen be appointed a Committee to determine on the measures proper to be adopted. Mr. Green then read a list, which was headed by those of the Borough reeve and High Constables, and consisted of the most re spectable gentleman in the town. Some of the names, however, called forth hisses and other marks of disap probation. The amendment was seconded by Mr. F. Mottats with out any observation. Mr. CANDELET said that Mr. Green had set out by stating that he should propose a liberal Committee; and how had he effected it ? Nine gentlemen only were known to be of liberal sentiments, while the remaining sixty or seventy were known to be otherwise. The disapproba tion which had been manifested towards Mr. Green he thought highly indecorous, and requested that argument should be met only by argument. Me. W. Witerwoartt said that it had not been his in tention to address the meeting, but they had entirely lost sight of the most important part of the in quiry. A new Bill had not been once thought of until the party found that they could not carry their measures. A Committee such as had been proposed would be of little use, for that party would easily settle the matter to their own satisfaction, as there would always be a majority of sixty to nine, lie objected to the principle of the Bill in toto. The business of the town could not possibly be conducted by forty-eight persons, however much they might be disposed to snake the attempt. A Ley-payer considered the whole tenour of the Bill to be a proposal to deprive the town of its rights. It dis franchised all persons who were not assessed at 251. per annum. No others could act, even as electors of these who were to be entrusted with the conduct of the town's business. Mr. POTTER, in reply to Mr. Wood, strongly denied the necessity of an immediate application for a new Bill. Did the promoters of this measure pretend to say that the functions or operations of the present Bill were suspended ? Was not that useful body, the Friday Night's Committee, still transacting their business? IVere not Watch and other Committees still- sitting; and were not the police rates regularly collected as usual? He himself had just paid 201. on that score. Mr. WOOD briefly explained. Mr. BAXTER considered Mr. Green's amendment as still more objectionable than the original motion. That a change for the better might be produced under proper regulations was apparent; but this was by no means to be effected in the way proposed. if sufficient time were allowed a com mittee might be appointed in which all parties could place confidence. Mr. WALKER, who acted on behalf of the Chairman, now read the original motion ; then Mr. Baxter's amend ment, that instead of the word " immediately" the words " be applied for the next Sessions of Parliament ;" and lastly, Mr. Green's amendment for the appointment of a committee. A long desultory conversation now took place as to the mode of voting; Mr. WALKER stated that it was the Chair-- man's decision to take the votes under the regulations of Mr. Sturges Bourne's Vestry Act. Mr. BAXTER said that he had Mr. Atkinson's opinion, that this meeting did not come under the operation of the Vestry, and he offered the written opinion to the Chair. Mr. WOOD objected to its formal reception, as it did not proceed from a barrister-at-law. Mr. BAXTER read a long opinion to the effect that the Act of Parliament in question applied only to Vestries as sembled on matters connected with poor's-rates and other disbursements of public funds. He (Mr. Baxter) contend ed that the present was not a parochial meeting, and that no payment from such funds could be legally made for any expences attending the meeting, or for any proceedings re sulting from it. Mr. WHITWORTH said the promoters of this measure knew, that if they cause to vote man for man, they had no chance. Mr. BAXTER proposed a spew of hands to determine in which way the votes should be taken. Subsequently the Amendments were put to the vote in the usual way, and carried almost unanimously. The ori ginal motion was also put to the vote, and, as might be ex peeted, lost. Mr. WALKER then stated, that the names of the voters should be taken under the Vestry Act; and that for that purpose the poll should continue until Saturday evening. The Meeting was con after declared to be dissolved. It is understood that the dissentients have opened a Subscription, in order to oppose the intended Bill in Par liament- DESTRUCTION OF THE BRUNSWICK THEATRE,-(TNIS DAY.) The Coroner's Inquest on the bodies of the unfortunate persons who suffered by the destruction of this ill-fated theatre, was appointed to take place this morning at eight o'clock, in the Court House, Wellclose-square, adjoining the King's Arms public-house, where ten of the bodies lay. They were all that had bee* found dead besides the Jew, up to the swearing of the jury. The bodies lay in shells in a room over the Court House, (except Mr. Maurice's which was in a room by itself) wrapt up in the clothes they had on at the time the accident occurred, and having their names written over the lids. They were-31r. David Sampson Maurice, proprietor, Alexander Wm. Davidson, Mr. Gil bert, Mr. James Purdy, Miss Mary Anne Freeman, Miss Mary Anne Fearon, Mr. Evans, Jesse Miles, George Pen fold, and Wm. Leader. We took a view of the bodies fore the Jury assembled, and their dreadfully mutilated appearance was most appalling. The clothes on them were torn to rags, and many parts of their pewits shattered to pieces, which, with coagulated blood, mortar, and dust co vering other parts, made it almost impracticable even for relations to recognise them. Poor Gilbert appeared to have been killed by an exten sive fracture of the os fronds ; and little Miss Mary Anne Fearon, must have suffered instantaneously, by a perfect section of her head and face having been made by what fell upon her. ~-~-- INQUEST. MORRIS THOMAS, Esq. the Coroner, took his seat on the Bench at twenty-five minutes before nine o'clock. The Jury were then ordered to be sworn on the first Inquest—that of Mr. iliturtee. The jury cons i s t e d of Messrs. Buttler (foreman) Alice Williams, Robt. McCann, Edward Tilson, Jao. Laidley, Wm. Masters, J. B. Hut chinson, ino. Sklinter, Joseph Williams, Geo. Davis, Wm. Morgan, Jas. McCann, W. Henry Phipps, Claudius In ken, William Draper, Thomas Young, Jno. Church, Richard Francis, John Mammon, Wm. Wright, and Jacob Sklinter. Before the oath was administered, The CORONER said—Gentlemen, allow me to say, that, if there be any one of you, who have directly or indirectly a personal feeling on the subject now to be submitted to you, that you will in justice to yourselves and to your country, retire from the box, as the oath is presented to you. Th e following oath was then administered to the jury ten several times, there being ten inquests to be takes, in order that one view of the bodies might answer the purpose of the law, and that the relations might be able to remove them without farther delay.. " You shall dili gently inquire;' And true lireaentrnent make, of all such matters and thiap, as shall be here given you in charge on behalf of ou sorcreill Lord tbl Wig, touching :he death of • 7 -- (naming the deceased on each occasion), now lying dead, - of whose body you shall have the view. You shall present no man for hatred, malice, or ill-will; nor spare any through fear, affection, or favour, but a true verdict give, according to the evidence and the best of your skill and knowledge, so help you God." CHARGE. The ConoNEft then addressed the Jury in those terms —Gentlemen, on the Inquest in the Court of this, the King's Jurisdiction, in the Tower of London and its Liberties, I collect from the regularity, and the great respectability of your attendance, that your feelings areJn sympathy with those every where manifested. You feel as you ought, that a grave—that a solemn duty is cast upon you, to he discharged to your King and to your country. You now appear with the regularity of citizens, determined to perform your duty at the call of the adminis trators of our laws. Gentlemen, knowing as I do your great respectability, and the intelligence of your minds, when brought to the consideration of subjects connected with the administration of justice, it is quite needless for me to do more than to ask you to dismiss from your minds every rumour, every conversation, every suggestion which per. haps malice, perhaps interest, perhaps affection, Nave sug gested ; dispel all from your sound judgment, and come only- to that conclusion which your oarh and your duty demand of your consciences. Gentlemen, the subject of our meeting is sufficiently distressing ; it is a most exten sive devastation of human life; but when we contemplate it, we have to congratulate each other that its extent is not a hundred fold increased, for if it had pleased a wise and all-seeing Being, that the accident had happened only six hours later than it did, we should now have been assem bled to inquire into the cause of the death of 3,500 of the King's subjects, instead of only ten. Gentlemen, I shall cautiously abstain from doing more than merely askin g in the view of the bodies of those unhappy sufferers, whose remains it is our duty to inspect, for the plain truth ; and I ask this, and I suggest this, for the ends of jus tice ; it requires minds calm and exempt from all feeling which causes irritation in our judgment or in our reason ; it. is a sober inquiry under truth that is required, into which we must enter with the greatest calmness, and with the utmost desire to arrive at that temper. Gentle men, I have pointed at a circumstance on which I have congratulated you, and I must now point to a circum stance on which I must praise others. I should be wanting in a proper consideration to those who, in my hum ble judgment, have preserved the peace of these precincts, and preserved the lives and properties of its resi dents. If I did not express that feeling, I should not dis charge my duty towards his Majesty's Forces in the Tower of LondoN, because:to Colonel Arhurthnot, his officers and men, we owe a debt of gratitude no mind can express, and no feeling of your's can overrate. Let us then, in that enquiry in which we are embarked, emulate that sober temperance with which we have seen that most merito rious offimr and his men conduct themselves on the late occasion. It is known to you all that scenes of calamity are the focus around which roguery and depravity ever are found to muster to prey on the dis tresses of those who are its victims. Owing, however, to the great order, owing to the temperance, owing to the high state of discipline of those excellent and meritorious officers and their men we are indebted for a fact unknown perhaps in the annals of such scenes as this in this metro polis, that only 11 lives have as yet been known to have been sacrificed. I do not speak this from the report of others, but from my own personal knowledge, that but for the presence of that officer and his men, not only would the property of that building have fallen a prey to the bad and the design ing, but there would have been an additional number of lives lost ; not only that property, but your property would most likely have fallen a sacrifice to the general riot that would have been the consequence, because, though we had assistance from all the police-offices, without the aid of the military, we know what the effect of flocking to this focus of calamity would have been, when we consider what the desire is of some that leads them there. I am sure I should neither have spoken my own sen timents, nor uttered your feelings without say ing thus much. The order, Gentlemen, in which I purpose to proceed on this melancholy occasion is tbis--that we should first estimate the feelings of the unhappy relatives of the deceased persons by our own, and that we should not uselessly keep their remains in the state they now lie, beyond what the administration of the law instituted for the public good requires. Amongst the wisest of the institutions of our ancestors this Court has been erected. One of its objects is a view for the purpose of eliciting the truth as to the causes that lead to the death of a human being ; that view therefore is to be taken as near as possible to the spot where the death has been occasioned, where the circumstances can be best enquired into, and where the truth can be best established. I therefore pro pose that we should walk from this Court into the Grand Jury Room, where I have ordered the unfortunate bodies to be brought, that we should view them, and that one witness who can identify each body should attend us; but that there shall be no public spectacle beyond what the law requires. Constables shall be placed at the door to pre vent any person following us but the witnesses. Gentlemen, I shall abstain, as I have said, from expressing any opinion on any thing that falls from me, which may point any given decision, as that which must be the result of your inquiries: I apprehend that you shall consider that your duty is to have a consci entious regard to your oath, which is without fear or affection, malice or ill will, to find out the cause which has led to the deaths we are assembled to enquire into. It shall be my humble duty, as the officer appointed by the Crown, to superintend your proceedings, and to give my humble opinion, worthless as it may be, on any point of law, as it may arise in the progress of the enquiry, but with you rests the finding of the fact—with that I have nothing to do. It will be my duty also, to see that the evi dence brought before you for the purpose of ascer taining the truth, shall be the best that can be arrived at, and I therefore shall order to be summoned any persons whom I know, and all who may be stated to me most likely able to state the circumstances that have led to the deaths which we all in common deplore. Why I ab stain at this time from calling your attention to any dis tinction between the verdicts which some Juries are com pelled, on occasions like this to give is, because I have been night and day anxiously engaged to prevent further loss of life, by making arrangements for the security of the walls, and in doing other things, which are quite incompatible with that sober state of mind which I ought to be under before I give you any legal opinion ; I therefore propose, before we proceed upon this inquest, which I shall adjourn now to as early as day as I can, not only that we shall have bad a view of the bodies, but what in my judgment is of great consequence, that we shall have had a view of this building.—(Hear, hear, front several of the Jury, who were desired by the Coro ner to keep silence)--I for one, Gentlemen, have ven tured my life near to this building, but I shall not do it again, unless the lives of others require it, because, with out that, why either you or I should be calla into that dangerous state I have yet to learn. I shall also request highly intelligent, highly respectable, and highly disinterested surveyors, in no shape or way whatever con nected with these precincts, or the arrangements of this building, to survey the building with the view of giving evidence before you ; because you know nothing at neesent, and you must know nothing, with the view of giving evidence before you, as to the mode and propilety of its erection, upon which at present I give no opinion. I request you to preserve your minds in a state of suspension, without coming to a conclusion, until that evi dence you shall hear. It is but justice to the builder of this place, who is a perfect stranger to me, and whose Chris tian name I do not know—Mr. Whitvvell—to say that a letter from him has been put into my hands, offering to come forward, and give all the evidence in his power re specting the building: and that calls for this observation, that Mr. Whitwell has done every thing which every well-meaning man would wish to do,----expressed his wil lingness to submit his acts and conduct to the strictest scrutiny. I therefore trust that both you and the public will dismiss altogether, at this period of the in quiry, every scintilla of report which mediately or immediately could be brought to bear on the fairness of his conduct. He has not appeared before us to-day, and f or a v ery good reason, that thu public feeling which has been suggested rather by the passions than by the prudent calm feeling of the mind, is directed against him. I only mention this in justice to the individual. I run not aware that I need to point out any other subject connected with this m elancholy occasion, than to say, I think that we ought certainly to pass the ensuing Sabbath, whisk will give us all time to compose our minds in thanking God for his mercies to 113 all, in entreating him that he will enable us in the ensuing week to do justice between man h l e t b h e e r T the ue period Tuesday or w t T o e dnorehsideahyl, shall be adjourn reg u itaainitidesdibloyaunrt.itresohlplinions which I shall thank y ou to give me, through your highly respectable and honourable foreman, as I intend to apply to his Majesty's Surveyor-General that an intelligent officer under his controul may be one of those gentlemen who shall survey and be examined before you, touc hing the building ; as I also intend to apply to the Lord Mayor that the respectable Surveyor of that Corporation should be one of those gentlemen whose evi dence I wish to be submitted to you. You will probably see that, to a certain extent, we - should consider gentlemen in their extensive avocations should not be called upon to con forward tuddeuly 4140403 WI there it ;iv rofra Why • hObld burly the further investigation so soon as the feel ings are consulted which we are now willing to consult, perhaps you would think that even Friday or Saturday would be the best day on which to resume the inquiry ; of that, however, I shall request von to talk among yourselves, and inform me before I take your recognizances for the further consideration of the sub ject, and adjourn this Court. Gentlemen, there is one sub ject connected with the peace of those liberties which I s-- - - should not permit opportunity to escape without calling your attention to, it being entitled to the highest considera tion of the metropolis : it is that until the present public ferment has subsided, you shall see that all the licensed victuallers in this neighbourhood close their doors at ten o'clock, and that they draw no liquor whatever after eleven. I shall feel greatly indebted to you should you find a single house that does not strictly attend to this to inform me of it, that I may take the proper notice of it at the next licensing day. I believe, Gentlemen, that I have now called your attention to all the topics we need advert to, with a wish to preserve the peace—with a wish to preserve the lives of his Majesty', subjects and their general safety, and to express our gratitude to those excellent men, Col. Arbuthnot, his Officers, and men. I think I have only further to say, their remains no thing which either my feelings, wishes, or duty ought to in duce me to address to you, except that there is a widow deprived of her husband, a child left fatherless, and that, as we are all fathers or husbands, we cannot help feeling foe their condition, therefore, if my poor mite shall be followed by yours to assist in alleviating their dis tresses, I cheerfullygive it. The Coroner and Jury then proceeded up stairs, to view the bodies. The persons present to identify the unfortunate sufferers, were called up one by one, There was for a short time a difficulty in procuring wit nesses competent to perform that sad but necessary task, the relatives of some of the deceased persons being un able to leave their houses. No one could be found able to identify the remains of Miss Fearon, nntil at length a little girl who had been in her ser vice was brought into Court by the constable for that purpose. The poor little girl wept bitterly on seeing the corpse of her late young mistress. Upon the return into Court, the following witnesses were called :—Once or twice Jurors attempted to put a question, but the Coroner informed them that the evidence now given was only preliminary, and in part intended to enable the living to form some estimate of what bodies might yet be entombed. When the matter came on for further investigation every': opportunity would he afforded to the Jury of having all proper information extracted from the witnesses, as to the cause of this deplorable event. J. F. Clements, a police-officer, identified the body of John Evans; I knew the deceased John Evans in his life time ; I have not seen him alive for sometime past; he dined at my father's three weeks ago last Sunday ; he was very well ; the body I have just seen is that of my uncle. John Perry, 100, London Wall, St. Stephen's, Cole man-street, upholsterer, identified the body of David Sampson Maurice. I knew the deceased in his lifetime. I have known him for about fifteen years. I last saw him alive this day five week at the funeral of his child. The body of which the Jury and myself have had a view is the body of Mr. Maurice. Josh. Haynes, Cotton-street, in the parish of All Saints, Poplar, recognised the body of Win. Leader. I have known the deceased, Win. Leader, for twenty years. He lived near Vauxhall Gardens. He was a carpenter. He was often employed at Vauxhall Gardens; he was subse quently employed at Drury-lane Theatre, and latterly at the Brunswick Theatre. A short time ago he removed from. Vauxhall to a house near Waterloo Bridge, that he might be more central as to the Theatres at which he worked. I saw him last three weeks ago. He was a bro ther-in-law of mine. The body I have now seen is his. John Miles, 3, James-street, Cannon-row,"St. Georges in-the-East, recognised his brother Jesse Miles. He was a carpenter; he lived in Coburg-street, Commercial-road; I have known him 27 years; the body I have seen is his. This witness stated that his brother kad left a widow and five children in very distressed circumstances. . Sarah Davidson, No. 17, Marman-street, Commercial road, widow, identified the body of her son.—This poor old woman was so much overcome by her feelings of grief, that she could hardly give her evidence ; I am the mother of Alexander Wm. Davidson ; he was an unmarried man. He contributed to my support. I saw him last alive on Wednesday night—the night before the accident happened. The body I have just seen is that of my unfortunate son. Geo. Richardson, 12, Upper East Smithfield, parish of St. Botolph's Without, Aldgate, gas-fitter and mathema ical instrument maker, recognized the body of Edward Gilbert. I knew the deceased. V I have known him about 14 years. I saw him about one minute or two before this dreadful calamity happened. He then passed me on the stage. I have no recollection of how many persons might be ;on the stage when I saw him (pass. At the moment I saw twenty or twenty-five people at the hack of the stage Thera were several ladies standing near. My business was to turn on the three different main cocks that supplied the house with gas lights. I think at that moment there must have been from twenty to twenty-five people at the hack of the stage. This could not have been more than two minutes before the crash took place. A JUROR inquired if the witness could form an esti mate of the number of musicians that were at the moment in the orchestra. He could not; but another gentleman present said there could only have been one or two, proba bly Mr. Fearon the leader of the band, at the pianoeforte, it having been at the time only a rehearsal. Examination by the COURT resumed.—There were se veral females close to me. I was on the prompter's side, which was on the right hand side of the stage, provided an individual was to sit in the pit. Within five minutes of the accident, I was up stairs in the car penter's shop, where there must have been at least a dozen men at work. I think there must have been per sons in the house, diffused over the whole building. A few minutes previous to the accident, I was round the dress circle, where there were two or three old women sweeping. I did not go into any other part of the house that morning. Ido not know where Edward Gilbert lived. He was a comedian. As near as I can recollect, when I saw the deceased last alive, was, I think, very near half-past 11 o'clock on Thursday morning last. I believe when I saw him, he was running backwards and forwards, trying to find some place of safety ; he ran apparently under the stairs on the prompter's side; this was between the begin ning of the clattering together of the slates and roof and when the same reached where the sufferers were. The body I have seen is his ; lie was married ; I gin not sure whether he has left a widow or not, but he has left chil dren. The noise of the coming down of the premises was like a clap of thunder. Witness also recognized the body of Robert Purdy, blacksmith, late of Walberg-street, Now road, St. George's in the East. The last time I saw him alive, was on the morning before the accident; lie was then engaged in fixing the hand railing of the geometrical staircase, approaching to the dress circle. The body I have now seen is that of the said Robert Purdy. Purdy's father who was present, stated that his son had left a wife and two children ; that he was 28 years of age. Elizabeth Andrews recognized the body of Mary Ann Fearon, her mistress. She was fourteen years old. She was a dancer in the theatre. She lived in Wellclosee square before the accident. Saw her last on Thursday morning at eleven o'clock at home. She was then going to the theatre. Witness also knew Mary Ann Freeman, and saw her alive on Monday night. She was a dancer, and aged fourteen. The body she had seen in the presence of the Jury was Mary Ann Freeman. She believed that de ceased lived in Lemon-street. She let out Miss Fearon when she was going to the theatre on Thursday. The brother-in-law of Mary Ann Freeman here ap peared, and received the warrant to remove the body. Mr. John Laidley, a Juryman, had known G. Penfold as a foreman in the London Docks for about eight years before he came to the theatre ; saw him alive at about a quarter past eleven on the Thursday morning, at the en trance of the stage-door of the theatre. He was a door keeper. It was his body witness had seen with the Jury. Did net know if he had any family. The Jury were then sworn to take the inquest on Jo seph Levy, who had been killed. Mr. Ballantine, Magistrate of the Thames Police-office, hoped he did not tresspass unnecessarily on the time of the Coroner and Jury, in noticing a public statement that had been made relative to some persons under his management. He alluded to a statement which he observed in an Even ing Paper of yesterday. When the unfortunate accident occurred, lie ordered the Police under his authority to repair to the spot, where lie met his friend, Mr. lox, Mr. Ballard, and Mr. Welsh, who were the only n'ag' s " Crates t rk es n he then o f saw. Katherine's T hey Docks, soon procuredacting assistancender o e e abl direction of Mr. Richards, but his object was not to state that which lie saw, but that which h e beard. He felt deeply interested in the conduct of those under his im mediate authority. He felt a pleasure in ur g ing them to the proper exertion of their duties, and he shou l d be exceed• ingly sorry if their could be an y truth in the statement, u dder e that they were either drunk on that occasion, or had other wise misbehaved themselves. Yet he saw in the Courier of last night, the names of many persons who could not have been there, or if they had, could not have been near enough to have seen the facts. After a great many nonsensical paragraphs, which he did not think it worth his while to notice, it stated, for instance, things muipg witleila the okriPrAtiALl a Kr. when MAE was not near enough to ser any thing about theta. His ,nly interest, however, t' t 5 as to what was statA about the Thames Police officer, who with a party of the Bow street officers were there during the whoe tiine, no obje.:- tion could be made to tl;e:r conduct while he wils thetc. and he understood that the Lambeth -street officers were equa lly w e ll conducted. Such was the correctness of the arrans-ements at his office, that if any officer had been guilty of misconduct, it must have been r e t urn ,d in„ port the next morning. No such complaint, hov: eve„ was made, and he felt bound to state, that there was no truth in the report of the Grarier of last night, that they had been either drunk or disorderly. spoke in the presence of many persons who were presem. on the occasion, and he called upon any person trio Ltd observed any such misconduct en the part of time officers to come fbrward, and there openly state it. The Rev. J. Smith, of Penzance, said th a t he was there soon after the accident, and he never was more sur prised than when be saw the statement in the Courier last might. Ho never saw any appearance of intoxication on behalf of the officers, their conduct was most exemplary and their exertions in calling up sailors and labourers, to assist ix digging for the sufferers. He never witnessed more regularity, or more persevering industry, on aces , sions calculated to call forth energetic efforts, either in the navy or the army, than was exercised on this occasion by the sailors and the officers. Several west respectable persons here bore testimony to the good conduct of the officers, and the untruth of tle, statement in the Courier. Mr. Ballantine thanked them for thus candidly coming forward to tender justice to the officers, who had been up two nights, and who were paid nothing additional 'for their exertions. The CoaoNcrt stated, that from his own observation he was certain there was no foundation for the statement in questien. He was sorry, however, to say, that there was some irregularity among the parochiel officers under his direction, which he should feel it his duty to make the subject of enquiry elsewhere. He felt deeply the impr3- priety of such conduct, in a time of such distress. Th e Coroner then informed the Jury that it would be necessary to visit the house where the body of Joseph Levy was lying, and then to return to the Court • 'house. A number of officers attended the Jury arel Coroner, in order to clear a way through the snob for them, and the body was brought for their view into the court in which the house is situate. The Jury after viewing the body which was dreadfully mangled, returned and resumed their inquiry. The brother of the deceased then deposed that he lives in Brook-court, in the parish of Christ Church. The body seen by the Jury is that of his brother, who had no con nexion with the theatre. He supposed he must have acci dentally gone that way in the pursuit of his occupation iii =ening old clothes. Saw him alive on Wednesday evening last. Just after the examination of this witness, a Juryman informed the Coroner that he had just been informed, the, a female had a few minutes before been extricated alive from the ruins. Till' CORONER observed, that however interesting that fart might be to their feelings, yet they must confine their inquiries to the case before them. After some further observations, the Coroner adjourned the inquest till nine o'clock next Wednesday morning, and. bound over all the Ju►ymen to attend. On leaving the Court-house, every one felt anxious to inquire the state of the femle who had been so miracu lously saved. Crowds of people had again assembled, ...p -parently fur the same purpose, and it was with the greatest difficulty we could ascertain if such a desirable oc currence were true, and we are sorry to announce that it was not so. A woman, for some purpose or other, was climbing over the ruins when she slipped with great vio lence into a chasm, and fell together with soma part of a wall. She, of course, was assisted in stantly, and was found to have received a few bruises on her leg of no great injury. She was taken to the Hospital to have them dressed, and the crowd eagerly rumoured that she had been saved from the fall. The sol diers and officers have still great difficulty in keeping back the crowd. THREE O'CLOCK. There is a report, which we fear will prove to 133 true, that the remaining wall of the late ill-fated New Bruns wick Theatre has fallen, and killed seven more individuals. io 4 -!_;t 1- - , Li':(4'4 ,- '1*), \ .." \Y WI LONDON, SATURDAY EVENING, MARCH 1, 182£3. A Supplement to the Gazelle of la t night ha: been published, fixing Thursday, the 10th April, for the Election of a Scots Representative Peer in qv. , room of the Earl of KEW& The result of the adjou►ned debate on . I‘. , T+. BRoucllAat's proposition for an inquiry at 015 state of our Courts of Law last night, in the House of Commons, was very important. The object of the Honourable and Learned Gentleman, though modified, was however gra►►ted, and the House ma-, nimously agreed to the Commission. We must re serve comment till Monday. It is with much satisfaction that we perceivc the notice of a Meeting. in the City on Thur:- day next, at which th'e LORD MAYOR iS to preside, for the purpose of affording relief to the unfortunate sufferers by the late dreadful calamilily at the 131111 k. - wick Theatre. It is one of the most shocking event: that have occurred for many year - ,:, and men cannot more profitably testify their gratitude to Heaven fat exemption from similar perils, than by contributing their mite to the relief of widows and orphans who have been bereft of their only earthly support, and of all such as mourn the loss of beloved relatives end friends, snatched from them in a manner so signally awful. In another part of our Paper Nvill be found a very full account of the proceedings at the Coroner't Inquest. The French Papers contain the nomination of four Vice Presidents of the" Chamber of Deputies, all equally liberal as M. ROVER COLLARD, the Presi dent. We have no room for extracts. FRENCH FUNDS, FEB. 27.—Five per Cents. 105 f. 95c. ; Three ditto, 68f. 90c. ; Bank Actions, 1,900 ; Neapolitan, 75f. 60c. ; Haytian Loan, 675 c. Exchange on London, one month, 25f. 15e. three months, 25f. se. A Morning Paper says, that " Mr. STLTItGr,i BOURNE, Sir ALEXANDER GRANT, Mr. ESTCOURT, and Mr. LITTLETON (especially the last - na med gen tleman), are spoken of as likely to succee d to the SPEAKER'S Chair, in the event of a vaca nc y ." We sincerely trust that Mr. LITTLETON w ill be the in dividual on whom the choice of the Ho use wi ll fall for, without disparagement to th e other g entlem en mentioned, we believe, that a m ere eligible person could not be found than the Honourable Member foL Staffordshire—if high character, knowledge of tut House, and very superior a bilities, with the al:)encP of violent party spirit, are to be considered a 3 quail cations for that high office. THE DS-(THIS DAY). CITY, TWELVE 0' CLO(-E. In the absence of news the English Funds have exhibited a degree of calmness, attended with a steadiness of cbarathr rather u nusual (luring the morning. Consols opened at 63 1 and have been since, all day, alternately buyers and s ellers at 63k. Three per Cent. Consols, S3l, buyers ; Ditto for the Ac count, 83, buy ers ; _ India Bonds, 85 7 pm. ; Exchequer Bills, 56 7 pin. TWO 0' CL 0 CK. Within the last two hours there has been a variety of reports, and some of them of an unfavourable nature, which caused the Consul Market to look heavy, mul decline from 83:4- to Reports say that the Austrian funds have fallen full one per cent, and that the Russian Government hav e expressed its dissatisfaction at not having the permis sion of the English and French Ministry to commence hostilities THREE 0' CLOCK. Consols, 83k 1. FOUR O'CLOCK.—CLOSING PRICES. Consols 831 Do. for Ac. 831 Brazilian Bonds 62-1 Buenos Ayres 35 Danish Greek, 1825 16 Mexican, 1825 31 Peruvian 2.1 - Chilian Do. Columbian, 182.1 26 Russian 90 Spanish, 1821 1U