The British Press; or, Morning Literary Advertiser.
London, England, 1826-05-18 00:00:00

COURT OF EXCHEQUER, 31AY 16.

THE NEW CUSTOM-HOUSE.
THE KING V. NEKRY VETO.
Mr. WALTER opened the pleadings by stating that this was a
proceeding on a bond given to his Majesty by the defendant, Henry
Peto, and the bond appeared to be conditionally on the part of Mr.
P. and another person (Mr. Mile,) now deceased, that a new Cus-
tom-house should be built in the City of London, according to
certain plans and specifications. It had been said that the condi-
tion of this bond had not been complied with, partly in the piling
of the said new Custom-house. These piles were to have been
driven two feet deep into a stratum of gravel, which was twelve feet
below the water, and which Mr. Peto undertook to do. The first
answer given by Mr. Peto was, that such piles could not be driven
into the two feet of gravel, as such gravel was nut to be found. To
this it was replied, that such gravel was to be found. Mr. P. also
defended himself by evening, that he complied with the direction of
Mr. Laing, the surveyor, who was appointed by the Commissioners
of Customs to superintend the building. To this it was replied,
by the Government, that Mr. Laing was not invested with such
power or authority, and was not appointed surveyor in the nianter
and form pleaded by Mr. Peto t and that if Mr. Laing was ap-
pointed such surveyor, 31r. Pew did not comply with the directions
given by Mr. L. It was also allege 4 that the spandrels of the
arches were tilled in with rubbish, instead of good brick-work. To
this Mr. Peto answered, that Mr. Laing told him to fill them up
with rubbish. The Crown then went on to charge Mr. Peto and
Mr. Laing with fraud and collusion in filling up the spandrels with
rubbish, with a view to defraud the Government.

The Axionxxx-tistruitaCthena;d;;;;l the Jury—lfis
Learned Friend had informed them that this was a proceeding
against Mr. Peto, to recover the penalty of a bond which he axe.
cuted to secure the amount to the Crown, on behalf of the public,
and which would become forfeited, provided Ale. Peto failed In
building the new Custom-hour in the City of London. By the
contract Mr. Pew was bound to complew the work for the sum of
MAMA/ ; that was. exclusive of the charge of 12,0001. which he
was entitled to make for the piling of the building. The building
commenced in 1813—it was completed in 1817 or 18111—and the
charge of building, including the charge for piling, amounted to
370.0001.—a ',harp more than double the amount that Mr. Pew
contracted to execute the building for; and of this, 24,0001. was
apportioned for piling. The Commissioner, were extremely dissa-
tisfied with these charges ; they also thought they had reason to corn.
plain of Mr. Laing, their surveyor; and, after having paid upwards
of 300.0001. they thought they could not, with justice to the public,
pay Mr. Peto any further sum of money. Mr. Peto, in consequence,
commenced some proceedings against the Commissioners ; but
before Mess proceedings were concluded, apprehensions were'
entertained for the italety of the building; the walls cracked in
several places, and it appeared to be in a tottering state. and at
length the greater part of the building fell. The site was for-
merly a part of the bed of the river Thames, but it rested upon
a solid stratum of hard gravel. which was 12 feet deep, and into
which it was necessary that piles should be driven for the sup.
port of • building of such weight and magnitude as the new
Custom-house. In forming the building, there were two modes
suggested in arriving at a good foundation. One was to remove the
soil, and to build upon the gravel itself. The second plan was to
support the foundation, by piles which were to be driven two feet
below th stratum of gravel. A gentleman of great acknowledged
talent, the late Mr. Benuie, examined the spot with great care, and
it yes his opinion that the piling would effectually secure the
building, provided the piles were driven two feet into the stratum
of gravel. The Commissioners, therefore, determined to adopt
this mode of building. When the contract was entered into, the
manner in which the building wu to be erected was explained to
Mr. Peto, and also the manner in which the piling was to he per-
formed. From the specification it appeared that the builder was to
provide a necessary number of engines for the purpose of boring
down to the gravel to ascertain the firmness of the foundation ;
and he was also to,drive the piles into two feet of the stratum of
gravel, and unless those piles were driven Into this stratum, they
would not afford support to the building. These piles were all to
be cut the same length, and levelled. The sleepers or joists were
then to be placed on the piles, so that each pile would have its proper
bearing. But when an examination took place, it was found that
the piles were not of the length stated in the specification, and that
' they did not reach to the stratum of gravel, nor near it. Upon the
tops of the piles were to rest the sleepers, and they were firmly to
hold the nine piles together, which were to be placed under each pier.
Instead, however, of these piles being of the proper length to reach
the sleepers, some were shorter than the others ; in fact, all were
too short, but the deficiency in the length of the piles was made up
by a wedge, or a piece of wood placed in between the top of the pile
and the sleeper. Mr. Peto received a sum of 24,000/. for this piling,
and it therefore became his duty to see that it was performed in a
proper and workmanlike manner. There was no complaint made
of tho external appearance of the building—that (me universal sa.
Olfaction, and several architects who had examined it expressed
their utmost satisfaction at the manner in which it was constructed.

An immense chasm wart, however, divitivered in the King's ware-
homes and the Long Room. and hetn,e the cause could be ascer-
tained, one pier sunk nine feet and another leer feet. The ware-
house, then sunk into the cellar., and this eimumeance, he We;
Miry to state, would put the public to an expense of one handretl
thousand pound,. The piling was then examined, and it via
wonderful how the piers had stood till the work was completed, for
instead of the piles being driven two feet Into the gravel, they did
not even reach that gravel, and it was impossible, therefore, they
could have been the least support to the pier. It was stated tii the
contract that each pier was to be sapported by nine piles, placed
longitudinally, which piles were to hare heal of sufficient length
to penetrate two feet of the stratum of gravel, and they were
to be nine inches square. He should, however, prove that Air.
Peto had in that instance departed from the terms of his contract,
for the piles were not one-half of the specified length or breadth.
He was not prepared to contend that there *ere not nine piles under
each pier, but then they were placed so irregularly, and at such
various distances, that it was impossible the sleepers could rest
upon them. The second pier *filch had fallen was shpported by
only three or four piles. They were eery defective, and not one
of them was six feet long. Upon the elimination which took place,
it was ascertained that out of one hundred piles, not one exceeded
six feet in length. It wan impossible, therefore, they could reach
the gavel ; and the consequence had been that the *hole of the
piling had been removed, and a great part of the bedding
taken devil, to guard against a similar accident to that which.
had already occurred. It was not denied on the other aide, that this
contract was entered into in the manner stated, but the answer that
Mr. Peto gave to the cane was, that there was no stratum of hard
gravel into which the piles could possibly he forted. In reply to
that, he begged to state, that Mr. Rennie discovered it, and sinew
the building had fallen, it had also been discovered by other per.
tons, anti who had given their opinioh, that no better foundation
could be found for raisingoti it *building deny magnitude. Mr. Pero
had then thought proper meet upenothevdefence. He said 1111r.LMng
was eineowered by Government. ne the architect, to superintend the
building; and that he acted under his directions. He (the Attorney.
teeeetali contended, that Mr. Laing had not the power to masts
those alterations 'Mich had been made; and supposing be did
possess such authority, he was confident he never gave direr.
Lions to Mr. Pete 49 perform the week in the tittaattet in *kith
he exectled it. Whether Mr; Pete had executed the Work to
the satisfaction and approbation of ,Mr. Laing. lie could not de.
cede. The Commis/Imoms were, however, dissatisfied with the
conduct of Mr. Laing, and they had thought proper to commerce
proceedings against him ; and they also thought that hie
conduct, as well as .that of Mr. Poo, had been such as not to
entitle them to their confidence. The spandrels of tile arch&
were to have been filled in with brick-work, but Instead of which
.Me. Veto thought proper to fill them up with nibbler', and
grouted it in by pouring the liquid mortar upon it, anti fee
which be made a chirp of 2.51Mf., as if the whit-brick-wort
had actually been performed. If the building had stood. no
one would have euspet..ed but the charge set up by Mr. Pedo
Was correct. Could any one, therefore, say that there *as not
soma collusion between Mr. Laing and Mr. Pete? The ad.
counts of that gentleman were all made up in a hurry, the
greeter part Was demanded and paid in a hurry, and whet
the accounts were disputed, they were suffered to remain foe
four years without being rectified by Mr. Peto; and then, when
the building fells. Mr. Pero, for the first time, eau* It was a mitt-
taken charge, and it was also by mistake that the spandrels wee,
tilled up with tabbish instead Cf brick-work. He had another C 0.3.
plaint to make against Mr. Peto, for the improper mode in which
he lied laid on the roof of the building. The matetials for the roof
were to have been of the best quality ; hut It teemed as if Mr. Pete
had collected all the old boards he could find in London. Some of
those beards were ornamented with play.tills and other papers, anti
some were pieces of old boards, and in a very decayed state. Ha
also begged to call the attention of the Jury to the flooring of die
Long Room, and Which was charged as six-inch stone. It WSW
certainly Mx inch round the skirting, board, where it could have
been detected if the boards had been removed, but some of thee
flooring was only five inches thick, and some three inches. Thee
would make a deficiency in the charge for the flooring of I,loot.—
These facts he should prove to the satisfaction of the Jury, and be
trusted that, when the case was closed. the Jury would decide upon
it according to its merits, and according to the evidence which ricotta
be laid before them.

The bond and specifications hiving been produced,
Mr. R. Smirke was called, and examined by the ATTORNEY-
OE NER•L—I am an architect, and have been In that profession
for many year,. I was called on in the latter end of December.
1824, to examine the Custo:n-house. I found several of the piers
had sunk into the gravel, and all of them mare or less soot
There is a row of cellars, over them a row of warehouses, and then
the Long.room. The arches of the cellars and *arehouste rest
upon piers. I have read the specification, and my attention 4s
been called to that part of the specification which relates to ins
piling and to the sections. It describes that there Shall be nitie
tihs under each pier, and that they .hall be placed three feet apses
longitudinally, and every architect would draw that conclusion Iron
the drawings which have been made. Under every part of tRe
building Ow 1 hive examined I find there is a stratum of hand
gravel. I tound all the piers a little conk, and about a month
after I took my examination two of then' fell in. Under one of
the piers I found only two piles; when that pier fell, one of the
piles was removed,put of its place, and that wad the one that eine*,
supported the pie; the other touched part of the footings !phial
projectzd from the pier, and did contribute • little to the sup-
port Of. the pier. The others did not at all support It. That
pile which was under the pier did not reach the gravel. It was
eleven feet long, and the gravel is invariably twelve feet deep.
The piles were DOI twelve inches square; the :bean diameter was
seven or eight Inches, and which was very little more than half
the area of nine Males square. Under the next pier, which
fell, there were only four piles which contributed to its support.
The exact position of them I could not speak to, as one of them,
in falling, removed the others out of their places. Not one of the
piles penetrated two feet into the gravel ; the piling under the
walls was of the same description, not reaching to the gravel, very
crooked, and in several instances the pile did not reach the sleeper,
and in that ease a piece of wood was put in to till up the deficiency.
There were seventy-eight of the piles less than sit feet long. and
it is surprising how they supported the building so long ; 1.24:
were taken up, four under the walls and piers, 764 were not eleven
feet long ; 7R were under sit feet long ; and some of them what
only three and four feet long ; only one pile was sixteen feet seven
incites long, end the dthers, which were under that size, did not go
into the gravel, and could not be of the smallest service. 1 coo.
ceive that if the directions in the specification had been followed,
there would certainly have been a wale and solid foundation. I ad.
tribute the falling of the building to the badness of the piling, and
the bad manner in which they were driven. When this examine-
' lion took place, Mr. Peto's foreman attended, and some people ern.
ployed by him did check the examination. I should think that the
charge of 24.0001. far the piling is more than sufli oient. I examined
the spandrels of the arches, and instead of being tilled up with solid
brick-work, they were filled up with lime rubbish. grouted In and au
vered, sometimes with one or two surfaces of bricks. About 2101. was
quite sufficient for that work, when I consider the manner in which
they were tilled in. If they hail been tilled up whh brick-work, the
charge would have been 1,6001. I examined the boarding under
the slating on the roof of the house; that boarding was quite
otherwise than according to the specification. The greater part of
it was materials that had been used before; some quite rotten-.
some were three inches long and tapering, and they varied from
twelve to three inches. A great many of them were decayed. I
am employed in doing that which is necessary for putting the
building in a proper state. I have looked at the items of charge ;
in the account the spandrels of the arches are charged as solid brick.
work.

Mr. George Rennie examined by Mr. SOLICITOR-GE.rEIAL—
I am an engineer, and attended at the Customhouse to examine
the state of it after the pier fell in. I examined the piling under
the piers that had given way. Under one which had given way
there was one whole pile, and one at the corner, which, in a man
degree, contributed to the support of the pier. The one under the
1 pier was broken. I examined two of the other piers, and the piling,
under them was not proper. Under one there was only one bearing
pile, and the other two piles were placed at the corner. Under the
other pier there were four piles, and pan of another. That number
of pits was not sufficient to sustain a building of that weight and
magnitude. 1 examined the sleepers, and found some of them its
a decayed state, and some of them bent. 1 attributed their being
bent to the tops of the piles not touching the sleepers, and the pres-
sure was not equal. Some did not touch at all, anti some did net
touch uniformly. This was not a workmanlike way of doing bulk.
nets. I found the brick.work in a crumbled and crushed state. L
attribute that crumbling and crushing to the pressure occasioned by
the weight of bricks which ought not to have been there. Stone
ought to hare been placed there, and a larger bearing. Several of
the piles were bent, which are not fit to be placed in a situation of
that sort, as their being crooked detracts from their strength and
solidity. I saw some of the piles after they were taken up. One
was only three feet long, and they varied up to five feet. The pit-
ing was not executed in a proper workmanlike manner. I attribute
the falling of the pier to the badness of the piling.
The statements of Messrs. Smirks and Reunie were confirmed by
the testimony of Messrs. Walker, Milne, Mortice, Baker, and
Austin, surveyors ; and Mr. John Atkins, carpenter.
Mr. James Askew said, he held the situation of assistant clerk co
the surveyor, at the time the work was going on ; the plaits
and drawings which have been produced and examined by the
Jury are those plans and drawings which Mr. Peto and abets
concerned in the building had constant access to.
(The witness proved the hand-writing of Mr. Peto to several let.
ter. demanding payment.)
The receipt of Mr. Peto for twelve thousand nine hundred
pounds, for the piling, having been produced and read, the ease
fur the Crown closed.
Mr. SCARLET T opened the ease for the defence. He corn.
menced by stating that he felt a great deal of anxiety about this
case, and was apprehensive that he should not be able to do justice
to the character of the defendant, who was well known, and distin-
guished for integrity and. general ability, and professional skill. It
would be his duty to lay the whole state of the case before them ;
and when he should have done that, and proved his statements, be
confidently anticipated that they would feel themselves bound to
find foe the defendant. The Attorney-General took care not to
state the distinction between the duties of architects and mere
builders ; and yet the distinction ass most material, for the buil-
der might be only the servant of the architect, and might have no-
thing more to do than to obey orders. Mr. Peto was not the
architect in this matter, arid nothing had been left to his discretion :
and, although he had built the house upon the sand. instead of the
rubbish which had been so much talked of, he would be entirely
blameless,if he had followed the instructionsgiven him by those who
had the proper authority in that respect. Wherever blame might
rest, Mr. Pew at least was quite clear on this subject. Every arie
at all conversant wish these matters, knew perfectly well that die

reason for building on piles was the difficulty of meting at the
•ulid peseta. In the present instance Dlr. Pato hed given his
own opinion, but was overruled. It wan Mr- Peto's own opinion
teat they should go deeper. There were two objections to
vie piles in the present .instance—first, that they were not
kept immersed in water. as they ought to have been.; and %c-
--reed. that the surface ilitibiih had not been cleared away. But
;Hr. ',Ding thought it mfiiciere to clear away the rubbish at the
spots into which the piles were driven. Then Mr. Pro said,
that since they would have piles, care outfit to be taken that
they should be of the bait materiels; anti Mr. Poo had, in fact,
prodded piles of the beat beech.wood that could be procured.
As to the driving of the pike, lie referred Howell' to the In.
epectore. Ile had insisted upon having direction/4 and had in
•fact got directions in writing. Ile followed them to the letter,
UAL in the opinion of the Inspector Utile time, had completely done
his duty. lie had employed the very beat beech for the piles,
according to the directions of 31r. Laing, arid mane them of such
lengths and dimensions as the Clerk of the Works ordered and
rewproved. And yet. although in all this he Inel Milowed the dl.
teellollll of the Crown agent*, they now turned round upon him,
aid said he must be answerable for the Liss which had ensued.
Beefy pile was driven in the presence of 31r. Day, whit attended
for Mr. being. The persons whom Alr. Veto employed In
tirisieg the piles were front the Landon Docks and similar situa-
tions, and were consequently amongst the most experienced and
ekilfel in the business that could possibly be preemed. The piles
7".le.hlsever, liable to a inure early decey.owing to die construction
of a brick wall by the Government officers in such a situation as to
relent the piles from being always immersed in water, as was
originally intended. This work was finished in 1813; and, con.
sidering the want of due care with reference to the piles, it was
surprising that the building erected upon them had stood so long.
They had heard much about die appearance which the piles now
bore, being bent, reeked, and distorted ; but that was no crite-
rion by which to judge of the manner in which they had been
originally placed ; for now, when the superincumbent weight
was removed, and the piles were examined, they must appear
to he- scattered about, and not at all in die position which they
originally held. They must of neeeisity appear to be bent in
all directions. This Mr. Pete himself apprehended would he the
case, and he made no secret of it. So much for the driving of
the piles; and he now came to the next point, which related to
the filling up of the spandrels of the whet. It was contended
that these should have been filled up with brick-work ; but there
wits no stipulation to that effect in the contract. But then they
said there was fraud and collusion between Mr. Petit and Mr.
Laing. with respect to the measurements and other things; and
there the Jury would please to mark the cunning and uncantlid
nature of the proceeding. 31r. Veto was always anxious to
have every thing inspected and duly measured by the Govern-
ment agents. But they atii ! that as Mr. Laing had fraudulently
colluded with Mr. Peto, they would not call hint, and they in.
sited Mr. Pro to call him, to prove that there was no fraud,
with the knowledge that, by their own imputations against him,
the Jury might be apt to regard him with suspicion, especially as
the Crown Officers had filed an information tor fraud against that
gentleman. Was that a candid mode of proceeding against Mr.
Veto, whom they placed in this awkward dilemma P But the truth
11:15, that • Minieters were driven to this. A great noise had been
• male in the House of C71111310t11 respecting the inattentimi paid to
the public buildings; and wishing as much as possible to shift
t sO blame DASH • ohem.Aves,' they marked out Mr. Poo as their
.:calm. Ti. e Atturrey.Gerrend ought to have been the last man to
I,lve ca/led the attention of the Jury to the information against
Mr. Laity& oil WHIP attempt to raise a prejudice in their minds
egairiu that gin l elr 3 ri ; for they did not call him themselves, and
yet asked Mr. Peto to call him, keying 31r. Peto in this dilemma.
either not to all him at all, or if he did call him, to produce a
v itnesin against wham the Jury could hardly help being pre-
-I.ieed. !loving said thus much on two points of the cause, he
mote came to the last one—the subject of the materials employed on
tee root to support tier slates. Here, too, tie had to repeat that the
materials were approved of by the Government Architect and lo-
selectee. When be said that, it would be quite sufficient for
his case; he would move that fact, and he would further prove
that these materials belonged to Government, and that the Crown
Agents actually compelled Mr. Veto to buy these materials from
themselves. as being the best that could be got for the purpose.
'e hest materials consisted of boards which had bees put up dor.
fag the progress of the building, for the convenience of the work.
rn, and fur holding their tools; anti of boards which had been
vied as planks for scaffolding or other such purposes. And now
t` :y complained that these boards were old, and decayed, and full
of Drift; but the materials were nut old, He was compelled by the
t. route agents to purchase the Government timber for the express
purpose tad applying it us he bad actually done. And was it not a
From extraordinary proceeding to come into Court and blame Mr. '
P. for following their own directions and order, ? They would,
Gee way or other, have ••• their pound of flesh," although even if'
Die. Peto were paid his full demand, he would be a loser on the
whole contract They charged him with collusion and fraud, with-
in% being able to pneluce a particle of proof against him on that
head. They did not calla single witness to support this grave and
t easy charge. There was no fraud, although there might be some
mistakes as to meesurentent ; and those mistakes, if any had been
admitted, were owing to the Government agents, and not to Mr.
Pete. Even with respect to the piles, if they had been immersed
tit water, as was originally Intended, the building might stand for
centuries: and Mr. Laing was perhaps not enisuaken in his judg.
inert on that point. At all events, Mr. Pao was clear of any
blame in this respect; he had only to obey the orders of his diree.
ter. When he should Mere proved this came, he would look with
co, fidence for their verdict in bin Peso's favour.
SECOND DAY.
EVIDENCE FOR THE DEFENCE.
Mr. John Cook called. mid examined by Mr. COMMON Seta-
tiLANT..-1 was in the employ of Mr. Peto in 1813, and for years
heroes that. I was his general foremen at the first pert of the build.
log of the Custom-hnuee. I have been forty years employed in
work of that deaaiption. Mr. James Day was clerk of the works
to the year 1813, acting under the orders of Mr. Laing. the archi-
tect. I received orders from Mr. Day with regard to getting the
hotel of the old vaults. lie told me to take the level, to ascertain
tee depth of the old vaults, below the kirb-stone in Thames-street.
I took an account, so far as levelling mid those things. After clear..
tee away the rubbish, we began to dig for our footings, under the
direction of Alt. Day • . 4 fees fi watt the depth we were to go ; be-
le., that level w a found a great number of old walls, sonic were of
brick and MM.. and some conetrected with oak and chalk. When
they resisted the piles, we applied to Mr. Illy. 1 heard hlr. Pete
several times speak to Mr. Do, about the discovery of old walls ;
I need him say it was better to take them all away and place
York landings. Mr. Day said he would take away the walls where
he thouelit tit; he gave such directions regularly. The first pile
was, I betieve, driven the beginning of July ; it was of oak. Mr.
i.'sy said there should be no more oak piles, the tinder was to be
. beech. There was no beech then driven, and the week waited
omit they were supplied. I saw the beech timber supplied ; it
teas of a eery good quality, and was driven under the directions of
. lie. Day. I heard Mr. Pcto name to Mr. Day, when the Ole-
o:riving began there, be wished he would appoint some person to see
-la the pile-driCag, ma he (31r. Pettit could not attend to It. A per-
iod named Mullins wan appointed by Mr. Deg ; he thought became
shout two days after the beginning of the pile-driving. The '
pile-driving for the Leong Boom commenced :Janet three months
• aftu. Alr. Day gave ,Mullins orders to see that the monkey struck
the pile-heed a certain number of times. In the first hue:ince, we
- Cut of with an ale the projections on the piles, and did so for
several days; we were afterwards ordered not to hew off the knots,
but to preserve the bark, and only to sharpen die end where the
shoe was to go on. It was a very laborious operation, and the
elootles were suspended for seven weeks. I did not perceive at the
• vete that the oaken tinder was injured; but it was not used, in
„ celatemente of tile objection of hir. Day. and new timber was then
. *might. There were from 120 to 130 loads of the timber not WELL
• 11,. Day etas at the works every day, and Mr. Mullins attended to
it'' deivieg of the piles. The planking commenced almost di-
,•swedy, and followed the piling in tech piece. Mr. Pro objected to
. Aft mode of planking directed by 311 r. Day ; if the timber should
. give way, it would make a great cavity. .Jr. Day persisted in his
• arias. 17 went down to 31onewn, in Surrey, to select two lots of
umber ; it was the most via Ilent I ever saw: that wee in August,
idl3. awl In rebel's", 1814, Ova timber deemed the muse else-1
- meter. Mr. Peto said to Mr. Day. chat where the columns were
, t i staid cat the west wing, the weight would bo AO heavy that he
• wished to lure oak piles ; to which Mr. Day objected, but said he
would conehler about it; and is the course of finee days there was
as order to drive oak piles. It was at the east and west wing, and
. motet the main body, they were driven. I took the measurement of
' tho greatest part of the piles. I know Gino one instance in which
• Mr. Day's totters tatik rot strictly complied with. I was eon.
.played by the Gomtrehteienees of the Customs to build the new
wheel welt.; I kern. not of any effect that wall would produee,
• oleapt that ft weuld p174117t the water (rem getting to the &untie-
, Hen. !Ain& it was wreedight.
Croencatitnined by hlr. ATTORNEr•GENEtttI.—.9OIIIII part of
. the rode was lot out as task-wirin Some of the befell piling
e„. ember the Long Ream was given out as teek-work. Believed the
biotin. given was Wei. per foot. Never knew them to bore for the
. graved from time to time. Heard there had been boring for the
, gravel before the pile-driving began. Many of the piles were
re iked. None were so short as six. feet when put under the
. coy ine.
. . iinexemined—lt was equal to let nut such work. He thought
rid. se beech was not fit timber. thinly of the piles were cut by Mr.
a Voy:s mints. A great number of premix were at the works, who
angemeted alterations that wage made.
.. e. fad. Letylierne examined by Mreeic SILETT.--ii was there at the
beginning of driving the nilci g Mr. Day was the clerk of the
troths ; ;item the monkey recoils riiiin the head of the pile, they call
, It bottomed ; he went tie Mr. sky, to tome and see that the piles
Litt driven were bottomed ; be said he could not come. Mr. Peto
weans in, and said to Mr. Day: that he should not he satisfied unless
• )s. saw all the piles bottomed ; Mr. Day &aid he could not at.
. teed 1111 them ell; when Mr. Pro sail that n person should
.-ba appcioted for that purpose, and Mr. Day appointed Mid-
Lithe, who was always there. He went to the heap of piles,
: sod out them to the length that Mr Day ordered. They
„owe then shod. When 31re Day could not get down the pile nit far
, ea be wished, he hail it rut off, and sometimes hat, another driven
,b 1; it; Ire ordered Dancer the short piles to be cut off, so as to range
lath the shaper": 111111011111e1 the piles took neither the plunks nor
deeper. All the pilot, witnove any rceeption, were chosen by
a . When wittiest thought them ton small far the heavy pen of the
'rig, he threw them on one side for the lighter part. The piles
t'r4,
of the port that came down were all beech. t lie never drove any
beach piles bit at the( 'ustom linos., and it will decay moner then
no other wood it not kept under water. hlentioned this to Mr.
Ilay at the early part of the wo.k, who said that it was wood chosen
de 1 lir. Rennie. tie had seen the ground umlerneath ; in his
opiaion it was not fit for piles to be driven into. After the first

floor of the building was up, the groin of one of the arches gave
way. Atleietil Mr. Day to clear the foundation all away, and
support the column upon an inverted arch. Mr. Day said it
would do eery well as it was. When they first began the piling the
water flowed in every title; if beech is under water. it will last
longer. There were rid drains under the foundation. Knew where
the wharf wall was built; worked about the bottom ; the building
of that wall prevented the water from flowing in, and kept the
foundation dry. The timber used was all new and sound ;it was
green. It had not been long cut. It is allowed to be best green.
I never heard that it was better for the bark being on ; when the
idles were all driven Mr. Laing gave Mullins a pound to get.some-
ti.ing to driuk. Ile did nos recollect one order of Mr. Day's being
dkobeyed,
,311'. Scant. T said that, as it wan admitted upon the record
that Mr. Peto had given his opinion that piling was an improper
mode, he need not prove it.
Witness moss-examined by Mr. Sonic's. on-Gextuan—The
piles were all selected by Day. and not by Mullins; knew nothing
about how many piles were driven under six feet in length ; the
driving was left by Day to Mulliho, but the selecting of the
straight 0.. crooked piles he reserved to himself. The stone caps
used a here tilt pan fill down were Portland stone, for which
granite was substituted ; that did not affect the paling. Ile be-
lieved that Mullins had a guinea a week from Mr. Poo, lie did
not know what Day lied.
Re.examined.—lf there was any difficulty in bottoming of the
pile Mr. Day was sent to. Day examined all the sleepers before
he alloted a plank to be put. There was nothing for Mr. Day then
to attend to but • the driving of the piles and the laying down the
sleepers and planking. lie never objected to the crooked timber.
By a Juryman.—He meant that the wharf wall prevented the
flowing of the tide; if that had not been there, the foundation
Would have been alternately wet and dry. lie did not think that
the piles would hate been so constantly under water as to preserve
the beech wood.
James Oliver, a general foreman, heard Peer, say one day, that
unless water were admitted to the pilings, they would be insecure,
and that they ought to be sunk deeper. Day replied, that there
was uo occasion to sink them deeper. HMG Poo say, in the
presence of Day, that lie would not take upon himself the ninon-
sibiliiy, if. the buil:lines should be proceeded with in that number,
and Day ohjeved to any alterations on account of the expense.
.1. Smart, an engineer, frequently saw the Custom-house in the
progress of the uutitling ; never saw better materials nor work.
manehip ; there was no other defect in the building but the foun-
dation. Beech, if kept wet, is the best timber for piles; but if dry,
it is subject to rapid decay.
C. Fowler, an architect, was employed by Mr. Laing to assist
him in forming a plan for the Custom-house ; they were in no
instance guided by the original specification ; the drawings were
according to Mr. Laing's suggestion ; the east and west front were
done with stone, though, in the original specification, they were to
be done with brick ; saw the buildings in January 1825 ; the piers
were sunk about Fenn feet; he thought it impossible that the
building could last long, unless the rubbish had been removed be-
fore the piles were sunk ; when the plan had been fixed, it was the
duty of the clerk of the works to see the different parts executed
according to it ; he considered that the wharfing wall, in pre-
venting an access of water, contributed much to the downfall of
, the buildings, for if the piles had been kept watered they would not
I have rotted.

Several other architects having given testimony to the same effect,
The ATTOnNEY-GENZRAL rose to reply. be said that Mr.
Scarlett had very unfairly charged him with an endeavour to excite
a prejudice in the Jury against Mr. Peto; and not content with
accusing him of undue motives, had also accused others, who
were absent, and, consequently, unable to reply ; but he (the At-
torney-General) would undertake their defence. slr. Scarlett had
stated, that thin action had been instituted in consequence of come
noise that had been made in the House of Commons, respect.
ing the inattention paid to public buildings ; and that the Chan.
cellor of the Exchequer, wishing, as much as possible, to sift
the blame off himself (knowing that some sacrifice should be
made), had marked out Mr. Veto as the victim. But Mr. Scar.
lett did not stop here he went further ; and said, that some per.
sons in office, whether Commissioners of the Customs or not, he
did not say, wished to protect a favourite architect ; and
had, therefore, resolved to sacrifice Mr. Veto, in order to
shield Mr. being. lie (the Attorney-General) denied that there
were any grounds for such insinuations. At the moment that pro-
ceedings had been instituted against Mr. Veto, similar proceed.
ings were commented against al r. Laing; and he, of his own
knowledge, could exculpate the Chancellor of the Exchequer
from the charge made against him; for, before Parliament had
met, the papers relative to these proceedings had been laid before
him (the Attorney-General), who, upon examining into the dr-
cuntatances, immediately ordered proceedings to be instituted
against the parties, as, In duty. lie felt himself bound to do. The
buildings had been inspected by an architect of eminence, who
returned that they had nut been built according to the original
specification. The defendant had contracted to finish them for
165,000/., yet they had cost the country 300,0001., and would re.
quire to have 1)0.000/. more expended to render them available.
He thought that justice and right demanded that both parties
should be sued, and that Mr. Veto should bear part of that bur..
den which had been imposed on the country. It was rather sin.
gular that Mr. Peto never made use of .Mr. Laing's name as a
palliative, until the trial came on : he at first put in a simple
plea, and as he had much property and character at stake, the
Court, very properly, yielded to the application of Mr. Scarlett,
and allowed him to amend his plea, which was done in so corn.
' phoned and ingenious a manner that the Crown did not know
what issue to take. Mr. Veto, in not informing the Crown of
Mr. Laing's interference, until the moment of trial, gave strong
reason to suspect a collusion between them ; he would not say a
fraudulent one, as Mr. Scarlett had attributed to him, but he
would say, an improper collusion. What other inference could
be drawn ? Mr. I'eto had entered into a contract to do a certain
work in the best manner ; the terms of this contract were, to pro.
vide engines for driving piles nine inches in diameter, not less
than two feet, into'the hard gravel. This contract was with the
Government, and not with Mr. being. There was no question
that the contract was not performed ; the manner of piling was
inferior, and the work cheaper, than it done according to the mi.
ginal specification. Mr. Veto said that no stratum of hard
gravel could be found into which the piles could be driven ; but
all the witresses on behalf of the Crown had sworn, that there was
a stratum twelve feet deep, into which the piles could be driven
with security; and none of Mr. Peto's witnesses contradicted this.
But Pew said, that he felt bound to obey the directions of Laing,
as architect to the Commissioners of the Customs. Laing was cer-
tainly a surveyor of the winks ; but it did not follow that he had
power to supersede the condition of a contract. The Crown denied
that he had any authority to justify Mr. Peto in deviating from the
original specification. The conduct of Mr. Peto, in other respects,
was not supportable; for he knew that the piles were insufficient—
his own witnesses said so; yet he complied with the directiohs of
Mr. Laing, without remonstrating against them. Mr. Smitke had
sworn that the piles were only 7i inches in diameter, whereas, by
the contract, they ought to have been 9 inches square. lie also knew
that piles driven into the rubbish could not support the building.
Even if there had been no contram,he ought not,under such circum.
stances, to have proceeded in a building which he knew could not
last long—his duty was to represent to the Board that Mr. Laing
had given directions whicb, if followed, would prove destructive.
The specification required that there should be nine piles under
the footing of each pier, yet in no Instance were there so many.
It is also required that the sleepers should be six by four inches,
and made of oak; yet Mr. Veto took upon himself to make them
of beech, without any suggestion to that effect front Mr. Laing.
lied the sleepers been of oak, the building would be yet standing.
To this all the disasters might be attributed. Every person ac-
quainted with contracts of this kind knew that the contracting
parties were bound to comply with the conditions, or make compen-
sation fur the loss sustained by the non-performance. In point of
law, Mc. Laing had no authority to give directions; yet it had been
said that it would be hard for isle. Peto to suffer on account of Mr.
I,linte. interference. Ile (theAttorney-General) did not think so.
on seeing the culpable manner in which i:r. Veto had conducted
himself. He attended there as a servant of the public ; he had no
Interest in the result, eer did he feel any inclination to press hard
on Mr Veto. lie would nor make any observations that were not
fairly deducible' from the contract and takings. It was foe tits
Jury to decide on the issue, and to consider it Mr. Veto had coin.
plied with the terms of the contract. He felt confident that they
would discharge their duty, by giving a verdict unbiassed by any
consideration of the consequences.
_

The Loun CIIIEF li:taws addressed the Jury, and requested
they would leave out of their consideration all the irrelevant topics
introduced by Counsel, and confine themselves solely to those
points that were on record. It was satisfactorily established,
that Mr. Peto had acted with the consent, and according to the
directions, of a person placed over him by Government; but whe-
ther in doing so he was justified or not, was a question of law,
not of fact. (The Leritned Judge was about to read the evidence,
but the Jury told hint they would dispense with it.) Re pro-
ceeded to say, that the first issue on record was, whether the
piles could have been driven according to the specification. This
the defendant denied, and it was for the Jury to decide. They were
secondly to consider, whether Mr. Laing had any authority to
direct the planning or construction of the building. Of this
there was no evidence before them. There was no testimony of Mr.
Peto having entered into it secret collusion with Mr. Laing,
as was alleged; they were therefore to leave that out of their
consideration. The Learned Judge here read the terms of the
contract, and said that the principal question was, whether or
not Mr. Pato was authorized to dispense with the conditions
therein tont:tired. In his opinion he was not. This was an action
on a contract under seal, whereby the defendant was bound to
certain things for the Conimissionen of the Customs. Nothing
could discharge hint from the contract but another of equal de-
gree ; that was the law, and it remained with the Jury to apply it.
It was not competent for Mr. Peto to understand himself dis-
chersed from this speeigc contract, without the consent of the Com-
missioners. He certainly had acted very imprudently in not consult-
ing them before he had deviated from the original specification.
It appeared to him (the Chief Baron) that by the terms of the
contract, the spandrels of the arches ought to have been filled
with brick-work and not with rubbish ; yet there was no evidence
that the neglect in this instance arose from any interference of
Mr. Laing's. It was also a point in issue that the work had not
been executed to thesatisfietton and approbation of Mr. Laing,
or the Commissiorers, as required by the contract. Of this the
Jury could entermin no doubt, for it was in evidence that Me. ,
Laing had expressed kis disapprobation of it. But still the main
point fur their consideraf,t it was, whether or not Mr. Peto was
justified in of Mg Mr. Laing; for it appeared from the testi-
mony of several competent Judges, that the buildings were, in
every miter respect, well executed, except in Wed parts which
were under the Ath recm of Mr. Laing. It wan not for the Jeri
to consider the Cenitriticnces of a verdict against Mr. ?eta; they

THE BRITISH PRESS

had a duty to perform for themselves and their country, nod if
Mr. P.:to should thereby suffer, he tuOtt seek for relief in the
proper quarter.
The Jury retired about eight o'clock to consider on their verdict.
which was for Mr. Veto, on all the isi..ucs except thp! first the
first issue being, whether or not Mr. Pero had made sufficient
exertion to find a stratum of hard gravel. The verdict is virtually
in his favour.

COURT OF SESSION, EDINBURGH-III:ST DIVISION.

lllfs MAJESTY.R TIIINTERS Tur BIBLF. SOCII:TY%

On ltiday this imp rumt cat eWas decided by their I,iird,hipit.
Lord II E 31 AND said, he wondered that the Bible Society made
such an attack on vested rights; if they had considered that they
had been wronged, they should have presented a memorial to the
proper quarter, stating their grievances, and if they did exist. he
had no doubt they would have been remedied. They had not done
so, hut had made an attack which was highly indecent and im.
proper. Was there not nnes.by for a power to be vested some-
where to protect the accuracy of the sacred text? and where should
such power be vested hut in the First Magistrate of the Sate? It
was the dnty of the King to enforce his right on every occasion.
and as he bad the right, so he was bound to preserve the purity of
the sacred books. lie did not know, and it 91E3 here of no conse-
quence to know, what n ere the privileges of the King's printer in
England. That person was nut known in our law, and in this
case England was as foreign to us is Frier,- From the nature of
his office, the King was he.4l of the Church as well as of the State,
and the foundation of this right lay deeper than that noticed in the
confession of faith • it was one of the brightest jewels of the Crown,
and God forbid it should ever be deprived of it. The translation of
the Bible by King James was received in Scotland as well as in
Englat.d—it was by the King's authority that it was printed and
published, and therefore he was of opinion that no one could ex-
ercise such rights but by the King's permission.

Lord CRATOIE was dearly of opinion that the King's printer
had the sole and exclusive right of publishing Bibles in Scotland,
and referred to several Acts of Parliament in support of his
opinion. It was a right sanctioned by use, and was according
to the kw and constitution of Scotland, that the King had the
power of printing Bibles, as he had of printing Acts of Par-
liament.

I.Ord if.tt.oßAY considered this to be solely a case of law. It
embraced two questions. The first was or e as to general rights
and the nature of then' ; the second WM, how far these rights had
been delegated. He did not look upon the exercise of the right
by the First Magistrate in the State as a monopoly ; it wan merely
a great end important trust confided to him, and it was placed in
his hand by the common law the good honest common law, and
the statute law of Scotland. No State could exist, where some
rights were not vested in the civil Magistrate, whether he was
called King, OT Prince, or ^rotector. These rights the Magis-
trate was bound to discharge, and the people were equally bound
to obey. Whatever religion wns professed in a country, the Prince
was bound to protect all in the exercise of the national religion.
The only protector of our hational religion, and the purity of our
Scriptures, is the Crown. The King of Scotland wan the head of
the Church, and it was agreeable to our law that he should be
supported in that office. He was the successor to all Bishops, and
is the patron of all churches that ate vacant. Although the Gene-
ral Assembly might meet and pray, they never prxeedcd to busi-
ness without his Majesty's Commissioner being present. The
purity of the Scriptures was of paramount importance, and had
been watched strictly by the Church. From 100 to the present
time, they uniformly found the General Assembly giving instruc-
tions to their comniis,ions to apply to the civil power to watch over
the purity of the sacred writings. It appears by several decisions
of the Court of Session on eases similar to the present, that in so far
as printing and publishing the Scriptures, the questions were utd.
(orally decidtd in favour of the royal prerogative. lie had no
doubt that the prerogative of the Crown extends to Bibles of every
description, to the Ilebrew. the Greek. the Latin, and the Gaelic,
as well as to the English Bible. What is thecopy of the Bible to
which all the grants and all the decisions refer ? It was the Bible
now generally in use—that of King James. With regard to the
patent, the terms of it are very general ; it secured all rights and
privileges belonging to their predecessors, in so far as they did not
Infringe the articles of Union. The Crown had never granted a
right to any one to import Bibles, but reserved that privilege to
itself. If one took upon himself the liberty to import the Scrip.
tures, every one wan entitled to do the same. He was decidedly of
opinion that the suspenders, possessing the royal patent, had the
sole power and privilege of publishing the sacred writings. He
trusted that those connected with the Bible Society in this country
would otter look to the Act 100, and never introduce the Apo-
crypha into the sacred volume.
Lord GILLIES thought that the King was in no sense of the term
head of the Church in Scotland—he could prescribe no form of
prayer—nor could he alter the Confession of Faith. The translation
of the Bible in common use is the authorized translation of the
Church of England. There the King, as supreme head of the
Church, has the power of grioting privileges for printing and pub-
lishing the Bible. If the King has authorized the translation, then
he has the power; but if he has not authorized the translation, then
it might be a question whether he has the power of granting rights
for publishing. The right of printing, it was said, is founded on
use and wont, and, therefore, by thle view, the extent of the prero-
gative must depend on the extent of the usage. The King un-
doubtedly at one time was the head of the Church in Scotland, but
the case was altered at the Revolution. With regard to the patent
right of the suspenders, he conceived that it only extended to the
right of printing, not to the preveutitig the importation of Bibles
from England.
The Loan PRESIDENT tboug:it that the King, although not
the head of the Church, had the right and power over Scotland in
regard to the accuracy of the sacred scriptures. In all countries,
whether Christian or Mahommetian, the head of the state must
have the prerogative of providing the people with accurate books
for the national religion. In England the King was the head of
the Church, and could order all things relative to the management
of that body, but while he exercised that power. he could grant no
patent, anti it was under a patent of the Great Seal that the King's
printer was appointed. Ile did not know whether the President of
America had the prerogative of granting the right to print Bibles,
but he supposed he had not, as in that country there was no
national religion ; he however surely had the power at authorizing
the printing of the Acts of Congress, to insure their accuracy.
With regard to the question before the Court, the translation of the
Bible et.w in use was that of King James, but had it been pro-
claimed '„ty authority as the only one to be adopted, it would have
been resisted by all the sects then in England ; but he wisely left
it to find its own way, and its intrinsic merit had obtained it general
circulation. His Lordship here gave a long and interesting histo-
rical account of the different translations of the Bible, and took
notice of the gross errors in almost all the English editions, even in
those lately printed. Ile considered the Bible printed in Edinburgh
the most accurate of any ever issued from the press. The General
Assembly had for a century and a half used and adopted King
James's translation. It was, therefore, as much their own as if
they had translated it. The Crdwn had surely as much right to
have thin translation correctly printed here as in England ; and this
had never been questioted by the General Assembly. The King
having the right to grant liberty to the suspenders to print the
Bible, had reserved to himself the power of importing them, and,
therefore, no one but the King could exercise such power. The
Crown, if it chose, might not grant a right to Scotland to print
the Bible, but it sax bound to provide the people whit the Sacred
Scriptures.

Mr. CRAWSTOUN begged to observe that the interdict com-
plained of included Bibles. Testaments, Psalm Books, Books of
Common Prayer, Catechisms (larger and shorter), and Confessions
of Faith. He 'Fiend to know if the interdict was still meant to be
in force against all these books.

Mr. JARDINE (on the pnrt of the King's printers) raid the
Interdict would be In force against all of them. regard to
the Bonk of Common Prayer, the interdict would -remain in
slats quo.
- - - - -

Mr. ertANSTOITN also wished to know, as it was of importance
to his cheats, whether the interdict nix° extended to all Hebrew,
Greek, Latin, and Gaelic Bibles.
Timpanist risittnd tiserospendere was read, sad it only granted
exclusive privilege of printing to all Bibles, &c. in the English
granted
lingusge.

The state of things at Kilkenny is deplorable in the
extreme. No one who has not taken a part in visiting the
abodes of distress can form any thing like a correct ida of
its magnitude and severity.—Lcinsfer -Journal.
The new London road through Stockport is so far com-
pleted, that on \Wednesday Mr. Green, of Manchester, one
of the Commissioners, drove his gig through the whole ex-
tent, being thefirat who has passed over the arches. The
Nelson coach also passed along the road on the same day.
lire understand the road will be formally opened on the
Ist of June.—Mtteele.ilield Courier.
Early on Tuesday morning a duel was fought in a field
near Highgate, between a Mr. N. T. S—s, a young gentle-
man from the Sister Isle, and a Mr. B—ni, an Italian ;
Mr. S. was attended by Captain IV., and Mr. B. by Mr.
E—ton. Mr. B. fired first and missed Mr. S., upon which
the latter gentleman discharged his pistol in the air, which
put ah end to the affair. The quarrel originated the even-
ing before in Portland-place, in consequence of Mr. S.
home-whipping Alr. 8., having mistaken him for another
Italian gentleman, whom, we are informed,. he much re-
sembles. Mr. S. on being convinced of his mistake, apolo-
gised; but Mr. B. considering Mr. S. had carried Ihc joke
too far, insiqed on a mectipg.
Last week, as some labourers were employed is breaking
up and burning the turf on the estate of the Earl of Car-
narvcn, at Higitelose, they incautiously set fire to an ad-
joining plantation, of which no less than fourteen acres
were destroyed.
A few days ago, a -tradesman's wife in this place, who
bad been tasting rather freely, and On her way }tome was
requiring assistance from the walls of the houses, in order
to keep her balance, was thus remarking to herself:—" 11l
luck upo' your imperial measures ! I con it Itae drunken an
aid' haf-mutchkin ony day, an' they wrens born that
would bat Lent it; but this dings a'. '—Abcrdecia Chro.
nick.

POLICE.

• -rtar--
.GJILDII A Lb.

J. etwalbr el, a vnpng man, was charged with breaking the shop.
wit,dow of Air. limn, watchmaker, I,kinner-atreet, and stealing
4 gold watches, and some articles of jewellery.
.Mr. Hum stated that about two o'clock on Tuesday afternoon, as
he was coming into his shop from the counting-house, he perceived
the prisoner's hand through a pane of glass, and he instantly rushed
out and seized him. Ile missed from the window, besides the
watches, a quantity of fine gold ladies' seals and keys, chased finger.
rings, and chased runners for watch chains , bat the precise number
he could not stite. As no part of the property could be found
upon him by the officer, it was pretty clear that the prisoner must
have had an accomplice: but that he was the thief there could be
little doubt, because his little finger was cut with the glass, and
was found bleeding; and particularly as it was the finger of the left
hand which was cut, while it was that hand only that could have
been used in committing the robbery, from the relative positions of
the aperture in the pane and the articks stolen. When questioned
by the officer, he gave two false addrcsses, aml who or what lie was
had nut yet been learnt.
The prisot,er, in answer to the charge, only attempted some ex-
plat:futon respecting the cut on his linger, but spoke in PO low a tone
as rot to be understood, and at the r,:quest of Mr. that h. waa re-
manded fur a few days.