The Sun.
London, England, 1859-01-25 00:00:00

POLICE

Yesterday, at 3 o'clock, Mr. Wakley, the coroner
for the Western Division of Middlesex, and the jury
empanelled to inquire into the circumstances con-
nected with the death of Emma Pike, 10 years of
age, daughter of Mr. W. Pike, a hosier, of Newing-
ton-causeway, who was killed on the night of Mon-
day, 3d Jan., by the falling of a staircase at the
Polytechnic Institution, met again in the board room
of the institution, and concluded the investigation.
Mr. Collidr, appeared for Mr. Thomson,
the architect of the building ; Mr. Matthews, a
solicitor, for the father of the deceased ; and Mr.
Sleigh, barrister, for the directors of the institution.
Mr. Sleigh stated that since the last meeting of
the Court the directors of the institution had held
a meeting, and, after taking into consideration the
reports of Mr. Marsh Nelson and Mr. Christopher
lEales, the architects, had intimated their intention
to give every attention to the suggestions of
those gentlemen, with the view , to the
accommodation and protection of the public ; and
they had passed a resolution that a new staircase be
constructed on the most approved plan, and that
the floor of the entrance-hall be supported by iron
or brickwork, to insure the most perfect security
against fire or any other casualty to every person
visiting that most useful and popular institution.
The Coroner proceeded to sum up the evidence,
pointing, as he went along, to the more salient
points of it. He noticed the objection made by the
workman, Hopper, to the flange of the iron trellis
work, when, in August last, he was called to let it
into one of the steps as a pattern, on the ground
that it tended materially to weaken the stone, and
that in consequence of that objection Mr. Thomson,
the architect of the building, agreed to the flange
being reduced, and the treads for the stairs were
cast on that reduced model. He adverted, next to
the opinion of the witness Smith, a practical mason,
that the defect in the stairs which fell lay in the
upper landing, where there was an imperfect joggle
joint, and where, besides, the landing stone was
eTeatly weakened by its being cut from the quarry
0
across the grain, and by having fossil shells im-
bedded in it. He then glanced at the evidence of
Daniel Stroud, a relative of the.deceased, who was
on the stairs at the time of the accident, which
evidence went, in direct contradiction of Mr. Smith,
to show that the starting point of the calamity was
not at the upper landing place, but some way down
'the middle flight, which was the first to fall. This
testimony. of Stroud. was substantially corroborated
by that of the witnesses Acton and Denman, who
were also on the stairs at the time. To the testi-
mony of Mr. Jervis, the architect and surveyor, he
next adverted, which went to prove that the acci-
dent was referable to the cutting of the stone at the
top landing to receive the iron treads, and not to
the defect m the joggle joint, nor to the fossil shells
in the stone there. Mr. Jervis was also strongly
of opinion that the cutting of the whole of the
steps to let in the iron treads seriously weak-
ened every one of them. He then recapitulated
in some detail the evidence of Mr. Marsh
Nelson, one of the two architects officially employed
to report upon the causes of the accident, particu-
larly commenting upon that part of it in which it
was stated that under the existing law anything
may be done to a public building by the owners
without giving any notice to the district surveyor,
unless it was proposed to interfere with the exter-
nal walls—a most preposterous thing, as he con-
tended. Reviewing next the testimony of Mr. Eales,
the other official architect, he strongly condemned
the culpable negligence of the workman who had
slurred over the imperfect joggle joint in the upper
landing-place in the original construction of the
staircase. He also pointed attention to the opinion
expressed by Mr. Eales, that the original con-
struction of the staircase, which was geome-
trical and cylindrical in design, without extra-
neous support at the ends of the 'steps furthest
from the wall, was faulty, as being always subject
to great vibration where numbers of people were
always passing over them. The accident had
caused uneasiness in the public mind. The Poly-
technic Institution—the fountain of science, so to
speak—they might have supposed, would have been
the last place in whichthere was any lack of regard
for the public security, seeing that during the last
20 years it had done so much to improve the public
mind and educate the people. The jury would
have to consider whether there had been any gross
ignorance or gross carelessness manifested, either
with regard to the iron treads or to the original
construction of the staircase. He reminded them
that a man was not answerable for a mere error of
judgment, and added that under the existing legis-
lation no law was violated' by the directors in
making the alteration in the stairs which they
made in the autumn of last year. He asked them
to consider on which side the weight of testimony
lay as to the starting point of the accident. Tell-
ing them. to bear in mind that on this occasion
they had a' most important public duty to
discharge, and urging them to perform it fear-
lessly, he' added that if they believed there was
any person whose conduct had been culpably ne-
gligent or careless it would be their duty to
name him. If they had any doubt it was their
duty to give any such person the benefit of it ; but
he trusted they would be unanimous in condemn-
ing staircases of this description, loaded as the steps
were with iron, and having no proper support at
the ends furthest from the wall.
Mr. Thomson, the architect of the building,
stated, in reply to the Coroner, that when the stairs
were originally constructed he knew that each step
must bear three persons at a time according to
their area, but he was aware from experiments
made that each step was equal to sustain double or
treble_that weight.
The jury then retired to consider their verdict,
and, after an interval of an hour,
The foreman said the verdict they had, with one
dissentient only, agreed upon: was " Accidental
death, caused by the falling of a stone staircase at
the Polytechnic Institution on Monday, the 3d
of January, 1859," and which fall we believe_ was
occasioned by the cutting for the insertion of the
iron trellis work and brackets, and by the
incautious manner of doing the work. The jury
regret the adoption by the directors of the recom-
mendation so to repair the staircases instead of re-
constructing them. The jury (he added) cannot
allow this opportunity to pass without expressing,
in the strongest manner, their opinion that all
public buildings should be subject to a periodical
inspection. A competent person for such service
should be appointed by the Government, whose
duty it should be to inspect all buildings used or
intended for public assemblage. That such an in-
spector should forward a certificate to some office,
and. upon that certificate stating that the building
was erected and finished in all its parts in a proper
manner for the purpose for which it was intended
a licence should be granted for such building, to be
opened. That upon all alterations or repairs of
importance the like inspection should take place,
and the
and
licence granted.
certificate should be made
The jury also strongly
object to the almost irresponsible power now
vested in the hands
ofaa and maintenance
of our
public places of resort, companies and indivi-
duals in the erection
the Government the absolutewlsh necessitytoimpress
ofnot
allow-
ing the ensuing session of Parliament to pass
upon
.th-
with-
out some enactment to enforce these
suggestions.
Such a course is deemed imperative to allay the
fears of the public in consequence of the accidents
that have so frequently taken place, and upon the
well founded observations contained in the valnable
reports of the architects appointed by this inquest.
The jury express their hope that the coroner will
forward these suggestions to her Majesty's Secre-
tary of State for consideration. That the said was
signed by the whole of the jury ; and he was further
requested to say, that, while the jury deplore that
so sad an accident should have occurred from the
causes stated in the verdict, they are not unmindful
of the great and important services rendered to the
cause of education and of science by the Polytechnic
Institution, and they are anxious to express their
approbation of the conduct of all parties connected
with the institution at the time of the accident, and
particularly of the courageous conduct of Mr. J. L.
King in descending amid the ruins of the falling
stairs to the assistance of the unfortunate sufferers.
The jury are further anxious to hereby express
their admiration of the high-mindedness and truly
benevolent conduct of Mr. J. P. Acton, as detailed
in the evidence.
The Coroner said the jury had discharged their
duty in an admirable manner, and he could not
doubt that their finding would give great public
satisfaction.
With that the proceedings terminated.

discussion.
Mr. E. WEBSTER, of the . equity bar. read the
report of the committee of the society specially
appointed to consider the question. This docu-
ment stated that, while we prided ourselves on our
laws and considered the administration of justiee
in this country one of its highest titles to the admi-
ration of the civilized world, we had no fitting
temple devoted to a department of the public ser-
vice in which so much of our liberty, happiness, and
national honour was involved. The committee
considered that the erection of new superior courts
of civil procedure in the metropolis had become in-
dispensable, and it was a question of great national
importance where they should be located. The
dispersion of the chambers and offices belonging to
the several courts was a great public evil, and
seriously detrimental to the profession and the
suitors. The committee urge that the courts should
be situated so near to each other that after an ad-
vocate had been selected and feed he should be able
to render the services for which he had been en-
gaged,—a result which, under the existing arrange-
ments, was nearly impossible. They suggested
the establishment of a hall as a place of resort for
the members of the legal profession, which would
be to lawyers what the Royal Exchange was to mer-
chants, and by affording constant opportunities for
conversation would save an immense amount of
epistolary correspondence on, matters of business.
The committee dwelt in much detail upon the in-
convenience and expense consequent upon the pre-
sent arrangement alike to professional men, suitors,
jurors, and witnesses, and upon the obstacles it pre-
sented to the proper administration of justice.
They deprecated the dealing with this important
subject in a piecemeal way, and argued that what
was wanted was a large, palatial, building, a temple
of justice worthy, by its architectural proportions,
of the great national purposes to which it would
be devoted, and situated as near to Lincoln's-inn as
it could be consistently with a due regard to sani-
tary considerations. The site they indicated as the
best for such a . building was the district located
between Carey-street, Lincoln's_inn, and the Strand,
and the remainder of the report was devoted to a
consideration of the question of expense connected
with the project.
Sir R. BETITELL said abottithree years ago, being
at that time in office, he drew the attention of the
then existing Government to the plan then em-
bodied in the well-written report which had just
been read. The meeting was aware that the sub-
ject had received the attention of the Law Society
some considerable time ago. He was then in com-
munication with many leading members of that
society, and certainly approved -very strongly of
the principle contained in the plan suggested. He
put the matter to the Government in nearly the
same shape as it was now presented by the report.
Some little difficulty was felt on the financial part of
the subject. It did not appear to him quite right
to derive the whole of the necessary funds from the
fund in the custody of the Court of Chancery ; but
he thought a very considerable portion of the
funds might be derived from that source, pro-
vided a guarantee was given that in the event of a
claimant to any part of the fund in the custody of
the Court of Chancery making 'good his right at
any time the demand would be met by the Go-
vernment. It was found, on a computation then
made, that the country could affords to pay a
very considerable annual sum if they received proper
accommodation in this matter ; and "he therefore
proposed that an annual rentcharge should be made
on the Consolidated Fund, being a sum paid by the
Government in return for the accommodation thus
afforded to the public, and it was part of his plan to
capitalise that sum. Upon the financial details he
almost satisfied the jealous and hesitating mind of
the Chancellor of the Exchequer ; but governments
were proberbially slow, and the English mind was
still more proverbially reluctant to get rid of any
old, hereditary institution, however mischievous it
might be. (A laugh.) It would not therefore be a
matter of wonder that there was considerable slow-
ness shown in embracing the proposal ; still he had
reason to suppose that he should have been allowed
to bring in a bill on the subject in the course of the
session in which the Government came—he would
not say to an untimely end—but to a natural death.
(A laugh.) He hoped, however, that the next ses-
sion would not be entirely occupied by other discus-
sions, to the exclusion of this great plan of legal re-
form. (Hear, hear.) He called it a great plan of
legal reform, because it was a thing most earnestly
to be desired that the dissociation of the different
branches of the administration of justice, which had
so long prevailed from accidental circumstances
should be put an end to, and that all departments
concerned in that administration should be brought
into the most easy, constant, and habitual commu-
nication with each other. It was perfectly true that
in a great number of departments the division of
labour promoted utility and economy, but then that
must be where all the operatives were working
together for one common end, and it must not be
where they had the departments of a system work-
ing in competition to one another. He was in the
hope of bringing what might be called the legal
and, equitable. mind into public harmony and lead-
ing them to perceive in reality one great leading
principle—the administration of justice, in simple
and uniform modes of procedure. He-was desirous
that all the members of the profession
should be brought into the daily habit of ob-
serving the administration of justice, and then be-
coming, as it were, the critics and commentators of
its rules and modes of procedure, they might at last
hope to arrive at a uniform' system and set of prin-
ciples in the administration of justice such as ob-
tained in almost every country except our own.
The system of administering justice in this country
had been divided by accident, and that which was
our misfortune hadbecome our characteristic. They
would observe what a great misfortune it had been
for the common law to be administered in West-
minster Hall, the equity law in Lincoln's-inn, and
the ecclesiastical law in that old cavern or den which
used to exist at Doctors'-commons. (Laughter.)
They must be brought together in the end. There
was another minor advantage of union which had
not been touched upon. No one who was desirous
of advancing the law and improving the adminis-
tration of justice could fail to entertain along with
it the desire that those great, institutions of the
country, the Inns of Court, should flourish together
'with the improvement of the law and the mode of
administering it ; and he was extremely desirous
that the courts might be placed in such a locality as
might be convenient, not only to those societies, but
also to the public. He thought, therefore, if a great
palace of justice were locally situated, immediately
between the Temple and Lincoln's-inn, and connected
by a light, elegant bridge thrown over Fleet-street,
that the value of the buildings of these societies
might be very much augmented, while justice would
be located on its natural site, in immediate connec-
tion with the habitations of those who would daily
and habitually resort to the tribunals where it was
administered. By such an arrangement they would
recur to the ancient usage under which justice was
administered in one place. Westminster Hall was
the old, habitual, local habitation of all law, and it
was considered as dwelling there, according to the
theory of the Constitution and the language of our
acts of Parliament. The learned gentleman con-
cluded by repeating that when in office he made it
his especial duty, to bring this subject under the
consideration of the Government, and expressed
his regret that its progress had been retarded,
partly by the vis inertia characteristic of all Govern-
ments, and 'partly by the dissolution of that of
which he was a member—adding, however, that he
hoped soon to see it meet with that attention and
respect from Parliament which its great public im-
portance demanded. (Cheers.)
Mr. A KINNAIRD, M.P., as a layman, expressed
a hope that if the vis inertice so peculiar, to Govern-
ments should manifest itself in the existing Govern-
ment with respect to this great,public question, the
learned gentleman (Sir R. Bothell) would himself
take an early opportunity of urging it upon their
attention.
In the discussion which preceded and followed
the speech of Sir R. Bethell, Mr. Alfred Hill', Mr.
E. F. Moore, Mr. Hastings, Mr. Trower, Mr. T.
Webster, Mr. E. Lawrence, Mr. Collier, M.P., Mr.
Goldsmid, and other members of the bar,took part;
and eventually, on the motion of Mr. HASTINGS,
the report of the committee was received and re -
ferred to the council of the society, with a request
m.r e
John
opoehfndi t
that they would take such steps as they might
think
con-
sideration of the Government.
and
as
the meeting
m ns ly
separatede l et cl a
member
Shentoutatrot Mill d
society,brin g the matter under the
between 10 and 11 o'clock.

ROYAL COLLEGE OF SURGEONS.—The following
gentlemen, having undergone the necessary examinations
for the diploma, were admitted members of the College at
a meeting of the Court of Examiners on the 21st inst.—
viz., Messrs. Henry James Young, Bath ; Samuel Ralfs,
Brentford ; William Holman Kerby, Bath; Caleb Evans,
Haverfordwest; Henry Philip Rogers, Mauritius; John.
Clarke, Sutherlandshire ; Samuel Clarke Noble, Kendal ;
and Joseph. Hippolyte Donation. Vitry, Mauritius.

GUILDHALL.--A FAST AMERICAN.--A dash-1
ingly-dressed genteel looking . young fellow, with
the indispensable adjuncts of a fast young man, an
incipient moustache and an all-round collar, who
gave his name Frederick Mens, timber merchant,
was placed at the bar before Alderman Humphery,
charged with stealing a horse and dog cart, value
£3O, the property of Mr. Gyver, a livery stable
keeper, at Ipswich.
Bailey, a detective officer, said—From informa-
tion I received I prqceeded yesterday morning,
between one and two o'clock, to the Cross Keys
Hotel, in St. John's-street, where I found
the prisoner. I told him there was a charge
against him for stealing a horse and dog-cart from
Ipswich. He said I was quite mistaken in the per.
son. I told him it was no use denying it, and he
then said, "Well, I do admit having hired the horse
and dog•cart, and I came up to London on the
spree." I asked him if he wished to say anything,
and. he then said that the horse and cart belonged to
Mr. Gyver, of Brook-street, near Cornhill, Ipswich.
J. W. Markham said—l keep the Cross Keys
livery stables, in St. John's-street, the prisoner came
to, our yard on Friday afternoon, about five o'clock,
and I saw him early the next morning, and he
Asked me if I was A buyer as he had a horse and
dog-cart for sale. I said I was, if I could get it
anything near my money. I asked him what he
wanted for the lot, including the harness, and he
said £l5. I said that was more than I could afford,
and he then asked my price, and I named £lO. He
said I should have it at that sum, and added he had
just come off a journey for the firm of Davey and
IVl'Murdo, of Thames-street.
the
Alderman Hump y-- you buy of ?
Witness—l said if he would wait two hours while
I went into the City and got change for a cheque, I
would bring him the money when I came back.
Mr. Martin, chief clerk—And instead of doing
so you communicated with the police.
Witness—Not then, sir. I went to Davey and
M‘Murdo's, and finding they knew nothing of the
prisoner I returned, and having my suspicions I
told him I would not have anything to do with the
horse and cart, and advised him to wait till Tuesday,
and then send it to the Repository, where he would
get the full value for it. He promised to do so. The
horse and cart are still in my possession.
The Superintendent of the Ipswich Police said—
I have seen the horse and cart, and identified them
as Mr. Gyver's property. The prisoner answers the
description of the person who hired the horse and
cart.
Alderman Humphery—Did he give you a right
address, officer ?
Bailey—He gave me such a vague address that
I have not been able to make any inquiries.
.Alderman Humphery (to prisoner)—Where do
you live ?
Prisoner—ln America, sir.
Alderman Humphery—Then how is it that you
are in London ?
Prisoner—My home is in America, but I have
lately been residing close to Ipswich.
Alderman Humphery—What have you been
doing for a living ?
Prisoner—l am a timber-merchant and farmer in
America.
Alderman Humphery—How long have ou been y
in England ?
Prisoner—Five weeks, sir ; and during that time
I have been living with my mother.
Alderman Humphery—And have you given your
right name ?
Prisoner—Yes, sir.
Alderman " Humphery—Rather fast Work, Mr.
Mens; only five weeks in England, al •rged
with stealing a horse and dog-cart. ,111
The Superintendent said—From a circumstance
the prisoner has mentioned to me, I have now some
recollection of him ; and I also find that he went 32
miles at a stretch for the first stage, and from the
route he took he must have had an intimate know-
ledge of the country.
Alderman Humphery—You had better take him
down to Ipswich.
The prisoner was then removed.

BOW-STREET.—Henry James David, who re-
fused to state his address, was brought before Mr.
Hall (who heard the case in a private room) on a
warrant granted by him in Feb., 1858, under the
Extradition Act. He was charged with forging a
bill for £l,OOO, purporting to be drawn by H. J.
Davis, of New York, upon Messrs. Brown, Shipley
and Co., of Liverpool, and the prosecutor was Mr.
J. S. Kean, of Philadelphia, U.S., to whom the bill
had been passed by a person known as Abrahams,
alias Dowd, alias Henry, alias David.
Mr. Sleigh, who appeared for the prosecution,
stated that' the warrant bad been in the hands of
Inspector Whither, of the detective force, since
February or March of last year, since which period
the prisoner had eluded capture by keeping out of
this country. That morning, however, the prisoner,
in order to attend to some other matter, ventured
to show his face in London, and the officer, having
information of his movements, apprehended him.
Though the prisoner went by the name of David,
he (the learned counsel) had reason to believe, from
the instructions of the respectable firm who re-
tained him, Messrs. Sewell, Fox, and Sewell, that
it was not his real name. The real Henry James
David was a merchant of considerable substance in
New York. The bill now produced, and signed.
" Henry J. David," had been uttered to the prose-
cutor, Mr. Kean, on the representation that it was
signed by the Mr. David, of New York, referred to.
.Mr. Kean was not now in England, and it would,
therefore, be necessary to ask for a little time to
bring him from America. It would be unreason
able to suppose that a prosecutor could remain in
this country for months and years to await the con-
a person being apprehended; who was
tkinnpg\Qvnney of
to be hiding abroad. But under the 2d
section of the statute, by which effect was given to
the treaty of extradition, the information sworn
before the magistrate at the time the warrant was
granted, or even a copy of that information, could
be used as evidence. The information was in the
possession of the Court, and would be to a con-
siderable extent borne out by other evidence, from
which it would appear that the signature to the
bill, so far from being that of Mr. David, of
Now York, was that of the prisoner at the
bar. If that were not deemed sufficient he would
be enabled, after a delay of 48 hours, to prove
that no person of the name of David
had any correspondence with the house of Brown,
Shipley, and Co., of Liverpool, on whom the bill
• was drawn. He felt that he should then be justified
in asking the court to detain the prisoner till the
arrival of Mr. Kcan from America. The act con-
• templating the difficulty that might arise in such
cases, had given a power of remand for two months.
Mr. Hall said that only applied to the Secretary
of State.
Mr. Sleigh was aware that it was open to such
interpretation, and as his worship took that view
of it he should apply for a remand from eight days
to eight days, as in ordinary cases.
Mr. Hall said the parties had been nibbling at
this case ever since Feb., 1858. From the great
similarity between the English and the American
law, there was not the same excuse for any defect
in the mode of getting up a case, as if the prose-
cutor had been a Frenchman, the laws of whose
country were so different. Yet he invariably found
that he had much more trouble with American than
with French cases. The papers in the first in-
stance 'had been sent over in a very imperfect state,
so as to afford no evidence whatever on which he
could act; If the matter had originally been placed
in the hands of the respectable firm who now held
the papers, and by whom Mr. Sleigh was instructed,
the matter would have been settled long ago.
The information of Mr. James S. Kean, of Phila-
delphia, merchant, was then read. It stated that
the bill of exchange produced, purporting to be
signed by Mr. Henry J. David, and drawn on
Brown, Shipley, and Co., of Liverpool, at 60 days
after sight, was passed to him by a person known
as Dowd, or Abrahams, or Henry, or David. He
represented that he was H. J. David, of New York.
Witness paid £l,OOO in American dollars fer
the note, which was afterwards dishonoured at
Liverpool. He then communicated with David, who
said he supposed they had not received his remit-
tance, but it would be all right by the next mail.
Shortly afterwards he absconded.
Mr. F. L. Lyne, solicitor, deposed that the sig-
nature to the bill was in the handwriting of the
prisoner, with whom he had dealings.
Cross-examined—Was not on good terms with
the prisoner, against whom he had brought an
action for what he considered swindling him. Was
not prejudiced in his favour, certainly, but was not
influenced in his evidence by that.
Inspector Whither, Detective Force, had held
the warrant since March, 1858. Had not seen the
prisoner since February till that day, when he
apprehended him in Stone-buildings. He said his
name was David, but refused to give any address.
Cross-examined—Knew that prisoner had had
several actions in the Courts at Westminster, and
had been witness in a case there, but that was be-
fore the warrant was issued.
Mr. Bell submitted that the evidence was insuffi-

cient.
Mr. Hall said it would be insufficient for com-
mittal, but it was quite enough to justify the pri-
soner's detention. There was no power to remand
under the statute, but that power was inherent in
every magistrate.
Mr. Bell submitted that the power to bail was
equally so.
Mr. Sleigh should oppose bail, as prisoner had
absconded from bail in America.
Mr. Hall said there WM no proof o toiat, and in