The Sun.
London, England, 1821-08-28 00:00:00

FATAL AFFRAXatC UMBERLAND GATE

ADJOURNED INQUEST on the BODY of R. HONEY.
SEVENTH DAY, AUGUST 27.
The Jurors assembled this day at two o'clock,
pursuant to adjournment, and the preliminary
forms were gone over in the usual way.
The Foreman proposed to the Coroner to sum-
mon the Trumpeter of the Horse troop of Life
Guards, and several Officers who were on duty
on the 14th.
Mr. ADOLPHUS now entered, and his appear-
ance with his bag and brief excited considerable
attention.
Mr. BLAME (the Juryman) begged to ask why
Mr. Adolphus attended ?
Mr. ADOLPHUS said he attended in behalf of
those who might be implicated in this unfortu-
nate business.
Mr. BLAME expressed astonishment at what he
had heard. There were not two parties there; the
Coroner and the Jury were there to conduct an in-
quiry, but it was not a trial between two parties,
and they wanted no Counsel or Solicitor. At
present they were almost overpowered by the at-
tendance of such persons in behalf of those who
were considered to be implicated in this affair.
Mr. ADOLPHUi maintained that he bad a right
to be there as Counsel for those in whose behalf
he appeared. By way of counterbalance to the
objection made to his attendance, he protested
against the presence of the Sheriff, who, being a
Magistrate superior to the Coroner, had yet in-
terfered and endeavoured, by examining wit-
nesses, and by various means, as it appeared, to
influence the Jury, so as to lead them towards a
certain verdict. He seemed to forget, that in the
event of that verdict being given, he who now
interfered as a partisan, would have to strike the
Jury who must try the case. That Magistrate,
however, he understood, had been active not
only in that room, but in examining witnesses
before they gave their evidence to the Jury.
Mr. WAITHMAN did not feel equal to the task
of entering into competition with the Learned
Gentleman who had just addressed the Jury, but a
more unwarrantable attack than that which had
just been made he had never heard. The attack
in question was not only on himself but on the
Coroner and the Jury. The Learned Gentleman
was totally wrong in much of what he had said.
He (Mr. Sheriff Waithman). came there for no-
body, or for anybody, and he 'claimed a right to be
there. He had never examined a single witness
out of the room, nor conversed with any of the
witnesses but three. In doing this it had been
merely his object to save the time of the Jury by
sparing them the examination of witnesses who
could give no information of importance. The
Learned Gentleman was totally mistaken with
respect to the duties attaching to the office of
Sheriff. He suspected him to have taken his
ideas on that subject from the Editor of a certain
Morning Paper. If his argument were good for
any thing it came to this, that a Sheriff, if his
own father or mother should be murdered, would
be incapable of giving evidence before the Coro-
ner. He had merely interfered to shew the real
merits of the case, and all he had done went but
to shew that the poor man for whom he had in-
terested himself had conducted himself quietly
and peaceably, and had not deserved his death.
Mr. ADOLPHUS said, what he had advanced
was founded on what had appeared in some of
the newspapers. He doubted not the worthy
Sheriff had now stated what was correct.
Mr. BROWN (a Juryman,) said, whatever the
learning of the Gentleman might be who had no w
come among them, and whatever his opinion
might be, the Jury had nothing to do with it,
and it was for them to decide on the merits of
the case, with the assistance of the Coroner, and
to attend to nobody else.
A Juror expressed surprise that the Learned
Gentleman should take what had been said to
himself.
Mr. ADOLPHUS said, coming there, they did
not pretend to come without their ears. The al-
lusion was obviously to him, and he appealed to
the Gentleman who had made it, if it were not.
Mr. BROWN admitted that it was to Mr. Adol-
phus he had alluded.
Mr. WAITHMAN explained, as he had done on
a former occasion, the circumstances that brought
him there.
Sir R. BAKER was then called in, sworn, and
requested to give a narrative of what he knew of
the events of the 14th. He then gave the follow-
ing statement :—" I joined the procession at Ken-
sington. It was proposed to go along Church-
lane, Kensington, the Gravel-pits, Tyburn Turn-
pike, Edgeware-road, and the New-road. Its
not persisting in that line was in consequence of
the obstructions placed at the end of Church-lane,
Kensington. I proceeded on to Kensington
Park-gate, considering myself at liberty to take
the nearest road to that which had been pre-
scribed, in case of any little turnings which were
intended to be taken being obstructed. When
we got to Kensington Park-gate, a party of the
Life Guards came out of the Park in aid of the
Civil Power. I rode into the Park with the in-
tention that the procession should follow : but
the gates were immediately closed by the mob.
The few constables who were there endeavoured
to open them, but they were immediately over-
powered by the mob, and the gates were again
shut. Some of the Life Guards then attempted
to force them open. The mob immediately began
to pelt them with stones and mud, and after a
conflict which lasted a considerable time, I suc-
ceeded in getting through the gates with my
horse. Considering that it would be very dan-
gerous to the attendants in the procession who
were in carriages to pass through the gates while

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this was going on, I consented that the proces-
sion should move on through Knightsbridge to
Hyde Park-corner, and accordingly it did so.
When we got there we found the Park-gates ob-
structed and also the end of Park-lane to which
I had advanced. I stopped there while the corn-
mandingofficer of the Life Guards sent to the
Horse Guards for further orders. After I had
been there for some time I was informed that the
gates at Hyde Park had been opened, and that
the hearse and carriages that followed it had
passed into the Park. I therefore passed
through Down-street, and got into the Park
with two or three carriages that had preceded
the hoarse, and got into the Park at Chester-
field-gate, and overtook the other part of the
procession. As I rode up the Park 1 heard the
report of pistols towards Tyburn-turnpike ;
when I got to Cumberland-gate these reports
had ceased, and the procession was going on to-
wards the Edgware-road ; I saw there some
pieces of timber and iron, which appeared to
have been placed there as an obstruction ; I then
passed on with the procession up the New-road ;
I knew nothing of the affray ; that was over be-
fore I came up; the soldiers did not fire by my
orders, nor by those of any other Magistrate, to
my knowledge."
By Jurors.--I was sent for to Kensington i❑
consequence of the obstruction. The military,
by my orders, came out to aid the civil power.
A Juryman asked from whom the witness had
received his orders ?
Mr. ADOLPHUS said, the question was irregu-
lar, and could not be put.
A Juryman complained of the interruption
given by Mr. Adolphus.
Mr. A DOLPMUS said, he had done no more than
what Gentlemen at the Bar commonly did to each
other. He had merely said, in an under tone, that
the question was irregular.
A Juryman complained of the part acted by
Mr. Adolphus, and of the influence of his name,
which was there a tower of strength.
Mr. ADOLPIIUS disclaimed all wish to inter-
rupt or annoy, and remarke .1 the Gentleman near
him was arming himself to fight before he had
"ound an enemy.
Mr. BLAME thought they could get on farther,

. they were not interfered with by Mr. Ado,
phus. From a recent case of the King v. Baron,
he contended, it was clear that no Solicitor or
Counsel had a claim to attend a Coroner's In-
quest but from courtesy. He, therefore, sub-
mitted, the Learned Gentleman ought not to in-
terfere with the
Mr. ADOLPHUS was prepared to maintain that
Counsel and Solicitors had an undoubted right to
be present ; he was not so negligent as to come
there without first satisfying himself that he had
a right to do so ; quite satisfied that he had a
right to be there, he was fully prepared to main-
tain his seat; where an inquiry was proceeding
which might compromise the life of a man a
Counsel might claim to attend, and it was only
necessary for him to refer to what had occurred
in the last Old Bailey Sessions to prove the pro-
priety of that sort of interference which was now
the subject of complaint. Mr. Baron Garrow
then complained that evidence had been received
before the Coroner which ought not to have been
omitted. It was an established principle in all
Courts of Justice, that no Magistrate should be
asked from whom he received his orders. If Sir
R. Baker chose to answer the question, he was
at liberty to do so. He had only wished to state
the usual course of proceeding for the regulation
of the conduct of one of the gentlemen of the
Jury, who, he conceived, had no wish to over-
step the right line of his duty. He hoped he had
given no offence to the gentleman himself by
what he had said.
The Juryman said, all he had to say was, lie
had wished to obtain evidence on a particular
subject, which he (Mr. Adolphus) had knocked
on the head.
Examination resumed—The Commander of the
military had the conducting of the procession ; I
did not give orders respecting the route by
which the procession should advance; I did not
order the procession in any way to proceed up to
Hyde Park ; I did not read the Riot Act, be-
cause the effect of reading the Riot Act is to
make it a capital felony for any person to remain
on the spot, for one hour after it is read, and I
had no intention of sitting for an hour in any
given place for that purpose ; it being my object
to get the procession on as quickly and as quietly
as I could.

Examined by Mr. ADOLPHUS—The conduct-
ing of the procession was given to the Officer of
the military escort, and not to me, excepting
when I arrived at Kensington ; I was to go as
near to the prescribed route as I could ; at Ken-
sington there was an obstruction ; an immense
number of people were there as every where
else where the procession passed; the conduct of
these persons was the reverse of quiet and or-
derly ; it was violent, disorderly, and outrageous
in the extreme ; as far as I had an opportunity
of observing the conduct of the military, I think it
was perfectly good ; they were very much insulted
in my presence; I saw a great many stones thrown
at them and mud ; 1 was struck myself by
the mud ; the soldiers showed no disposition to
revenge it, but they endeavoured to force open
the gates by cutting with the back or edge of
the sword, I do not know which, at the hands of
those who were holding them ; I had certainly
seen stones and mud thrown at them before they
cut at the people ; I was on horseback all the
time ; I had some conversation with an Officer of

ie Guards.
Mr. Anoi.rnus was proceeding to ask if he had

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held that conversatiy
described, when
A Juryman remar'
be received in evide
•onveriation to which
Mr. ADOLPHUS sal'
he had drawn the att of the witness had
been previously rece as evidence. If he
were not now allowed ' if such a conversa-
tion had passed, that
.;h under such circum-
stances had once been .1 a to, must remain un-
Contradicted for ever.
The CORONER said, It. question respecting a
conversation said to have ;
~;n held by a witness,
was quite different from •e relative to a con-
versation between indifferet. \persons.
Examination resurned.-1 did not use the ex-
pressions if any thing should be done or any
thing should happen, I will-take the responsi-
bility on myself.
A Juror thought it had been stated that Sir
Robert Baker said he would take it upon his
own responsibility.
The minutes were referred to, and it appeared
that Croney had stated Sir R. Baker to have said
that he wished the procession to go along Picca-
dilly, and would take it upon himself;
The evidence of Greig was read over by a
Juror from his notes, which stated Sir Robert
to have declared that he had come to the reso-
lution of going through the City, and would take
it upon himself to do so.
The notes taken by the Coroner'S Clerk were
Fo the same effect.
Examination resumed.—Do not know Mr.
Greig. There was a person on horseback, who
was l at%icularly anxious about the procession
going on to the City, and who frequently came
up and addressed me. I did tell him, that " I
thought we should be obliged to go through
the City; and that, if we did so, we must pass
down St. James's-street to Pall-mall, as it was
market-day at the Haymarket, and we could
not get along that way. Ido not recollect his
saying any thing about Mr. Waithman or Mr.
Hume, or my giving him authority to go and
tell them any thing. I would further explain to
account for my not recollecting the precise words
I might use, that at the time this person address-
ed tne, there were five or six other persons speak-
ing to me on all sides. I desired that person to
use .his influence to prevent any disturbance at
Carlton House. The line of procession was never
altered by the free will of those conducting it ;
but, in obedience to a force, which in his opinion
he could not resist without serious mischief to the
soldiers, to the crowd, and to 012 persons attend-
ing on the funeral, many cf whom were females,
who had been shut up for hours in carriages, and
kept in a state of alarm."
By a Juror—The procession went into the
Park without my knowledge. We were then
not going into the City, but waiting for further
orders. Ilad no reason to doubt that a man was
sent by the Officer commanding the escort, to
the Horse Guards ; did not know of his own
knowledge that he returned with orders ; I con-
ceived when at Kensington, that it was my
duty to lead the procession as near the prescribed
route as possible, and that I was accountable
for any deviation from it. It was in consequence
of apprehending danger that I consented to
the procession going another way ; I communi-
cated that apprehension to the Commander of
the escort ; I do not remember receiving any
particular answer, but I understood that he
was willing to go any way that I should direct.
I believe Captain Bouverie of the Blues was the
Commander ; I understood so ; I understood he
was willing to go any way I should direct ; I
was willing to go any way that was practicable ;
I certainly did not order the procession to go
through Hyde Park ; I saw nothing of the affray
near Cumberland-gate ; when 1 came up the
gates were shut, or the passage was obstructed.
The evidence being read over to Sir R. BAKER,
he requested that the following might be added
" I do not know what orders the Officer of the
Life Guards had received originally, but he in-
formed me afterwards that he had peremptory
orders to beep to the prescribed route ; I do not
know who it was that turned the hearse into the
Park ; I considered myself at liberty to send for
more soldiers if I thought necessary."
The worthy Magistrate then signed the depo-
sition, and it was intimated that Col. Cavendish,
who had just been summoned, was in attendance.
Henry Frederick Compton Cavendish was them
called in and sworn.—lle deposed as follows
I am Lieutenant-Colonel of the Guards ; of my
osi n knowledge I know nothing of the death of
the deceased ; I know nothing but by report.
Examined by a Juror.---Captain Oakes com-
manded the detachment on duty on the 14th;
the subalterns under his command were Lieute-
nant Storey and Sub-Lieutenant Hall; there
were four detachments besides; one of them was
under the command of Lieut. Terry ; that was
stationed at Kensington Park-gate ; they all
went out of the:barracks at the same time; I
know the different stations ; Lieutenant Gore
commanded the detachment at Cumberland-.
gate ; a corporal commanded at Hyde Park-
gate : Lieut. Gore's detachment consisted, I be-
lieve, of 13 men ; I include all besides the Lieu-
tenant ; at Grosvenor-gate another corporal com-
manded ; the same at Stanhope-street-gate ; I
believe no Officer assisted Lieutenant Terry;
no Officer assisted Lieutenant Gore at Cumber-
land-gate ; when I speak of the 13 men in Lieu-
tenant Gore's detachment, I speak to the
best of my belief; I believe Lieutenant Terry left
Kensington Park Gate, and came in front of the
barracks ; 1 sent him with a message to Captain
Oakes ? Captain Oakes was then in Piccadilly;
near Hyde Park-corner; I don't know the name

a former witness had

•onversation could not