The Sun.
London, England, 1828-03-08 00:00:00

was not a simple action of declarator, insomuch as
it concluded for restitution of conjugal rights,which,
waiving the question of the marriage, it might be
doubtful whether, on the merits of the case, the re-
spondent was entitled to claim. On this objection,
Counsel are to be heard on Friday.—New Times.

DESTRUCTION of the NEW BRUNSWICK
TMEATRE, WELLCLOSE-SQUARE.

ADJOURNED CORONER'S INQUEST, 11fAxcir 7.
(Continued from our Paper of yesterday, which appear-
ed in a part of our impression.)

On the return of the Jury their names were c died over,
and all being present, the examination of Mr. Arding was
resumed.

A juror inquired as to the arrangements for the sitting
of the Inquest.
The CORONEK replied, that the Court would rise to-day
at four o'clock, and that they would meet again on Monday
morning at nine o'clook ; the avocations of the jurors not
allowing them to attend to-morrow.
Mr. Comyn then proceeded with the examination.
In letting joists into a wall, is it usual to fasten them by
iron ties ?--No, if they are built in.
_ _

Yes, but if the joists are afterwards inserted, and the
walls cut to receive them ?—I never before saw a building
constructed as this was, as far as regards the joists of the flies.
You have described the iron bolts to have come from
the roof through the trimmers and girders of the flies
and workshop in the manner described. 1)u yen think
that these bolts affected the roof ?-1 think that they did
affect the roof.

In what manner?—By my judgment as a practical car-
penter I understand that the tie of a roof is for the pur-
pose of preventing the spreading of the foot of the rafters
of the roof', and consequently a weight placed upon the tie
of a roof must tend to pull the roof within the walls which
support it.
Now, Sir, in your judgment, was there such a weight
from the carpenter's shop, the painter's shop, or the flies,
as could produce such an effect on the ties us you have de-
scribed?—Certainly not, so long as Ono uprights from the
stage to the flies remained.
In your judgment, Mr. Aiding, did the uprights which
you have described prevent the weight of the carpenter's
work-shop, the painter's shop, and of the flies, as long as
they remained, from dragging on the ties of the roof?—
Certainly.
Now, tell me the utility of putting the bolts and straps
from the work-shops to the rouf through tke trimmers ?
To connect the floors to each other.

Supposing that these bolts had not been connected with
the roof, would the external walls of the late Brunswick
Theatre have been of sufficient strength to support the
roof ?—Certainly.
Do you know, of your own knowledge, whether any
other weight was put on the roof of the theatre other than
the iron gutters?—The slates, the lead hips, skylights,
and ridges; no other weight that I know.
When was the last time, before the accident, that you
were at the Theatre ?—I was there on the preceding morn-
ing._ _ _ _

How long before the opening of the Theatre had you
discontinued your work ?—I had some persons actually
working there when the theatre fell in, and one man, John
Abbot, was severely hurt ; he was taken to the London
Hospital, and lost I leg, which has been amputated. He
has been a good and faithful servant to me and my father,
for between 30 and 40 years ; and most sincerely do I re-
gret his misfortune.

The CORONER—Was he a sober man ?—As sober and
as honest as ever God created.

The last time and the time preceding that you were
there, did any fact occur to call your observation as being
dangerous ?—None whatever. 1 was there for two er
three hours on the Friday previous to the (lay before the
accident at the Theatre, and nothing then occurred to call
ruy observation to any appearance of danger in any thing
relating to it. _

By kr. Cotnyn—As you are both a carpenter and joiner,
you know that a settlement in the walls would affect the
doors?—lt would do so in a common building, but not in
this building it' the settlement were confined to the exter-
nal walls. The box doors would not be affected, nor any
other internal doors.

Why would they not he affected ?—Because the interior
of the house had little to do with the external walls,
standing as it did upon its own basis and not upon those
walls ; and therefore the doors of the interior would not
be affected by a settleureat of walls with which they-had
little communication. The external and internal walls
were carried up separately, and the interior wails stood
upon their own basis.
Do you know whether any of the uprights of the flies
had been taken away or removed before the accident ?
I do not know of my own knowledge that they were so.
By a Juror—Are you aware that tke bond timber which
ran through the opening of the building was cut away?
Mr. Hill here interposed, and said, that as the witness
had put some letters in, the proper time for reading them
had arrived, as the examination in chief had closed.
The following letters were then read :
Fenchurch-street, Jan. 4, 1828.
My DEAR regret to hear that you have been
unwell since yesterday, but hope it will be only temporary.
Agreeably to the arrangement so judiciously made yester-
day, Shaw has engaged some good hands for the night
work, and I have no doubt it will answer your purpose.
slr. Whitwell thinks you will he a considerable gainer ky
this mode of getting through the work. Ile suggests, how-
ever, as a material improvement on the general plan,
►hat Shaw's men shall do the skeleton work of the
boxes and gallery, and that your men shall make
rood the floors, partitions, ;teats, &c. His reason is, and I
think you will deem it a good one, that Shaw will lead the
work and have nothing in the way of instructions to wait
for, as Mr. Whitwell empoavers him to decide during his
absence. As he will net give the same latitude to Hader,
the works would frequently stop several hours, and our
men would probably hare nothing to do. Another reason
is, that Shaw's men so well understand the kind of work
required, that it will much expedite the whole. We hope
therefore, you will approve of this, and the timbers are
ready. Shaw purposes to begin the lower boxes on Mon-
day night. There will be plenty for your• men to do till
the lower boxes are ready. Shaw will be able to bring in
all the tiers, and I shall endeavour to do so with the doors
you told me you had got up in hopes of coming in.
I aro, dear Sir, yours sincerely,
D. S. MAURICE.
To Mr. J. Arding, jun., Dorset-street.
Jan. 7, 1828.
DEAR SIR,—We have determined to adopt your sugges •
tion, and employ eur own bands under Shaw's superin-
tendence, night and day, till the house is finished. All
the preparation and joinery to be done, as you propose, at
your shop. You shall receive clear and prompt instruc-
tions, &c. as required, to which your zealous attention will
much oblige. I apprehend there will be plenty of work for
your men on the premises as well as ours.
I am, dear Sir, yours very truly,

D. S. MAURICE.

To Mr. Arding, jun., Dorset-street.
Coaoxßa—Who is the person named in the letters as
Elder ?—He is my foreman, and is here in attendance, his
name is Hilder.

Juror—Were the timbers which ran through the long
openings cut or not ?--They were not cut out, Sir.
Did they remain as originally inserted ?.--They did not,
one inch, and in some cases an inch and a, half, was cut
away, for the purpose of plastering, because the plastering
will not affix itself to smooth solid timber.

Coaosaa—Were they so at the time of the aceidetat
Ye 4, Sir.

A Juror—l understood you to say that there were strutts,
do you know whether any.of those strutts were removed?--
I do not, Sir.

Were any parte of them removed ?---They were not.
CORONEK.H suppose that the inch or inch and half
parts that were cut out were filled up?---We put cement
and tile heads to supply the place.
Juror—l wish to know, with the permission of the
Coroner, for what purpose you wished those letters to
be put in and read?—That the Jury should know, Sir,
who did the work.

During a great part of the time I see that you furnisks.d
the timber, and I suppose you did the work ?—I have be-
fore stated. that I executed all the work in the pit connect-
ad with the flooring.
Mr. HILL, on rising to cross-examine the witness on
behalf of his client Mr. Whitwell, did not think it neces-
Airy to correct any technical mistake he had fallen into ;
he had fallen into a few, but he had given Ms evi-
dence in a way most complimentary.
Cross,examimtd by Mr. Hill—Did you• receive any direc-
tions, or your workmen to your knowledge, any directions
respecting the stage, the flies, or the workshops, from Mr.
Whitwell ?—No, Sir.
Were there not bolts and straps connecting that part of
the floor at the carpenter's shop which were nearest the
gallery with the root ?—Yes, Sir.
Is it your opinion that the weight of that part of the
carpenter's shop which was nearest the gallery could have
been much supported by the uprights from the stage ?
None at all—certainly not.
Would not, therefore, the weight of the carpenter's shop
near the stare, produce a great strain on the roof?—Had

it not been for' the wrought-iron columns I before men-
tioned, running from the ground to the boxes, and from the
boxes to the gallery.
What was the distance between those -wrought-iron
columns which were between the upper and the lower
boxes—between each?—l should say from 30 to 35 feet.
You must have mistaken the questions ?—No, I have not.
What was the distance from column to column, in the
box tiers I mean ?—I speak entirely from guess, and should
say about ten feet.
New, Sir, what was the distance between the two iron
columns in the gallery tier, that is, those columns that
went to the gallery from the carpenter's-shop; what was
the distance of the two nearest the centre?—l shall say
about ten feet.

Do you mean to say the distance between the two was
alite.—Certainly.

Were there 10 columns omitted on the gallery tier as
compared with those on the box tier ?—I do not know.
I understand you to say you were not aware whether the
uprights from the stage were taken away or Lot?--No.
Then suppOse you were informed that they had been
taken away, ami the number of columns on the gallery
tier Lad been ,liminished, or been fewer by two on the
gallery than on the box tier, what, in your judgment,
would have been the cause of the accideut?—l cannot ferns
an opinion of the cause.
Then what would have been the effect of these removals
or omissions?—The effect would have been that the weight
of the two tiers of flies, the painter's, and in a great measure
the carpenter's shop, would have had to depend for support
upon the roof.
Was the throwing of such a weight upon the roof a fair
and proper use of the roef?—Certainly not.
You have described that the weight thrown on the roof
was borne by the ties of the roof ?—Yes.
Does it appear to you that if it had been thought right
to have thrown weight on the roof at all, such weight
ought to have been thrown on the principals of the roof,
and not on the ties ?—Certainly.
Certainly. What ?—The weight ought to have been
thrown on the principals of the roof, and not on the tiers.
You have described that the effect of putting a weight
on the principals would be to draw in the tiers and walls ?
No, just the reverse.
Suppose the weight to have been put on the ties ?—Then
it must cause the ties to belly iu, and the roof must in
some respect follow.
Then what would be the effect of a great weight being
thrown on the ties ?—lt would be to belly them down.
Supposing the tie to belly dowr, would not a great
weight be thrown upon the girders of the flour?—Cer-
tainly.
CORONER. —Of what shop ?—Of the carpenter's shop.

Mr. Hill—Suppose that the weight was ►o great as to
break them down, where would they break ?—At the parts
pierced by the bolts.
Do you happen to know whereabouts in the girder the
bolts were ; were they in the centre, or alternately near the
ends?—Alternately, near the ends, as set forth in exhibit
E. No. 2.

Now supposing a girder to have broken near to the
back wall, as it was inserted into the flout wall, would it
not have become a lever to prize up the front wall?—
Certainly. _

You have already described to me, that supposing the
facts to be as I now suppose them to be, the walls were
drawn in by the drawing in of the ties, which way would
the falling wall fall ?—I should suspect, if it had been a
parallel wall it would have fallen inwards, but as it was a
pediment it might fall outwards.
You have described the joists of the trimmers as having
been let into the outer wall, now might those joists not
have been supported by trimmers, let into the wall, and
supported by vertical posts?—Certainly.
In short, my question is, could the joists have been
supported without having been let into the wall at all by
posts at each end ?—Certainly.
Now, Mr. Arding, in point of fact, were not the joists
of the stage supported by breast summers, and vertical
posts ?—Ye,.
You say that you were in the theatre the morning be-
fore the accident; how long were you there ?—Twu or
three minutes.

In what part of the theatre were you ?—ln the pit and
in the box stair-citse.

Were you in any part of the Theatre where you could ex-
amine the state of the roof ?—No, Sir.

Pray, Sir, you said that you prepared part of the car-
penter's shop, did you prepare the girders?—Nu.
Did you get directions to prepare any ?—I did about six
weeks before the house opened. I had an order for six
trusses ; they were connternaanded. The first order was
by Mr. Shaw.
What was the use of these trusses ?—They were for the
carpenter's shop; the object of a truss is to put it in, to let
it in between two pieces of timber, to strengthen these
pieces of thither.
If these trusses had been erected, they could have
strengthened the girders, and consequently the floor ?
Certainly.

The CORONER—Now, do you know that the trustee
were for the carpenter's shop ?—I have a memorandum
at home about then/.

Mr. llill—Were there any other girders besides those of
the carpenter's shop, and were not trusses for the girders ?
—There were no other girders but these—and trusses could
only be wanted for girders.
The trusses were to be for girders of about 60 feet long?
—The witness here drew on paper a representation of a
truss, which the Coroner handed to the Jury, observing,
that perhaps some of them knew of ao other truss than a
truss of hay.—(A laugh.)
Counsel on both sides now declared that they had no
further (questions to put to Mr. Arding.
Samuel Hilder was next called and examined by Mr.
Comyn—l believe that you were the foreman of the last
witness ; from whom did you get directions to counter-
mand the order alluded to by Mr. Arding?—From Mr.
Shaw, the clerk of the works.
Mr. Coniyn now put in the agreement made between
the Proprietor and Mr. Whitwell, respecting the Theatre.
It was us follows :

Memorandum of an agreement made this day, June 22,
1827, between Messrs. Carruthers and Maurice, pro-
prietors of the site of the late thc,tre in Well-street, Well-
close-square, Goodman's-fields, and Stedman Whitwell,
architect, relative to the services and remuneration of the
latter, during the erection of an intended theatre on the
said site.

Mr. Whitwell is to design and prepare a plan, and super-
intend the erection of the intended theatre as architect
of the same, for the suer of 300/., to he paid by monthly
instalments of 50/. each ; the first instalment to be
made on Monday the 2d July next, and the following in-
stalments to he" paid on the Ist Monday in each succeed-
ing month, until the whole sum of 3001. be paid.
Mr. Whitwell engages to give his most zealous attention
to the interests of the Proprietors, to reduce the costs within
the limits of a due economy for the above remuneration ;
but if he lays before the proprietors any arrangement by
which security from ire, ventilation, and warmth can be
obtained, which are unusual in theatres, and the proprie-
tors adopt such arrangements, then tke proprietors will
feel that Mr. Whitwell will have claims upon them for
additional remuneration, the amount of which he
leaves to the honour of the proprietors ; and if
the wcrks under his direction shall be completed for
less than 6000/., then for each 1001. less than such amount
Mr., Whitwell is to be paid 5/. by the proprietors. All
expenses of the Clerk of the Works and Measures are to be
defrayed by the proprietom s. But during the hours of work
the Clerk of the Works is to be under the direction of Mr.
Whitwell. Mr. Whitwell is nut to be required to design
any of the works of, or relating to, the internal decorations,
the stage and its machiney; the scenery, or the orchestra;
but lie is to superintend, at the request of the proprietors,
the parties who may be appointed to construct the same.
The costs of these works not to be considered as any
part of the six thousand pounds before mentioned.

Several of the Jurors now reminded the Coroner
that he had already much exceeded the time fixed
for their rising. The Coroner said that it would be
ssathat the deposition of Mr. Aiding should be
rnorac(elpry previous to his signing it. At this late hour
that proceeding would be attended with some incon-
venience, therefore he requested that the Witness
might attend on Monday for that purpose.
Mr. Arding promised to be in attendance on Monday.
The COAONEtt then adjourned the Inquest until nine
o'clock on Monday morning, having preNionsly bound over
the Jury in their several recognizances to give their at-
tendance at that hour on that day.

There are above 90, prisoners for trial at the
ensuing Devon Assizes.—Dorset Chronicle.

STRIKE AMONG THE COLLIERS.—The
strike among the colliers has not been exclusively confined
to those in this country. In East Lothian several collieries
have been at a stand for nearly a fortnight. Deputations
front the idle pitmen visit the neighbouring collieries, to
induce those who are industriously employed to join their
combination. Threats are daringly and successfully used,
in order to levy contributions for themselves and families.
The visits and menaces of the delegates occasion the greatest
anxiety and alarm to those who are willing and anxious to
continue to fulfil theirengagementa. —Scoteman.