The Sun.
London, England, 1826-05-18 00:00:00

cOnstruetion of a brick wall
more early decay on account of the'
by the Government officere, in auch-asitnetion as to prevent the • •
piles from being immersed in the water as was originally intended.
It had-been said on the GoVernment vide that there was fraud and
collusion between Mr. Peto and Mr. Laing, with respect to n-es-
surement and other things. : Mr. Peto wee anxious etewee,, ei-
vernment inspectors should extunine every thing he did, and it•-
was not consistent with the known fairness of the AtterneyeGelie.
eel to endeavour to excite a prejudice against Mr. Pau, by
ing the Jury that a Government agent welt proaecuted forenter-
ing into a-collusion with him to defraud the public. With re-
gard to the complaint which had been made respecting the thu-,'
bet, Mr. Peto hod nothing to do with it, as he was bound to pur-
chase the timber from the Government agents. The Learned
Counsel concluded an eloquent address in exculpation of his
client, on the ground that he was in no instance permitted to
exercise hie own judgment with regard to the construction or lA,
*lilt; and the f ther hearing was adjourned until yaitaday.
• COND DAY, MAY 17,
ra .FOR TM! DIRYIN
Mr. John Co ' and examined by Mr. COALMOX*RiTtn
CEA wr.---1 was , npley of Mr. Peto in_lBl3, and for years
before that. I Wai *is general foreman at the first part of the
building of the Custom-house. I have been forty years employed
in works of that description. Mr. James 'Day was clerk of the
works in the year /818, acting under the orders of Mr, Laing,
the architect. I received orders from Mr. Day with regard tit
getting the level of the old vaults. Ile told me to take the
Ito ascertain the depth of the old vaults, below the curb-stone ia
Thames-street. I took an account so far as levelling, and thou
things. After clearing away the rubbish, we began to dig for our
footings under the direction of Mr. Day; 4 feet 6 was the depth
we were to go ; beloW that level we found a great number of old
walla some were of brick and stone, and HOMO constructed with
oak and chalk. When-they resisted the piles, we applied to Mr.
Day. I heard Mr. Peto several times speak to Mr. Day about
the discovery of old walls ; he had heard him say it was better
to take them all away and place York landings. Mr. Day
said be would take away the walls where he thought fit; he
Rave such directions regularly. The first pile was, I believe,
driven the beginning of July ; it was of oak. Mr. Day said there
should be no more oak piles, the timber was to be beech. There
was no beech then driven, and the work waited until they were
supplied. I saw the beech timber supplied ; it was of a very good
quality, and was driven under the direetiene of Mr. Day. I
heard Mr. Peto name to Mr. Day, when the pile-driving bagan
there, he wished he would appoint someperson to see to the pile,
driving, as he (Mr. Peto) could not attend to it. A person *tented.
Mullins was appointed by Mr. Day ; I think he came about
two days after the beginning of the pile-driving. The pile drive
ing for the Long-room commenced about three months .after,
Mr. Day gave Mullins orders to see that the monkey struck
the pile-head a certain number of times, In the first instance,
we cut oil with an axe the projection* on the piles, and did
so for several days; we were afterwarde. ordered not to hew off
the knots, hut to preserve the bark, Red only to sharpen. the
end where the shoe was to go on. It was .a very laborie
ous operation, and the works were suspended for seven week,.
I did not perceive at the time that the oaken timber was ins
jured ; but it was not used, in consequence of the ohjece
Con of Mr. Day, and new timber we* then brought, There
were front 120 to 130 loath, of the timber not used, Mr. Day
was at the works every day, and Mr. Mullins attended to the
driving of the piles. The planking commenced almost directly,
and followed the piling in each place. Mr. Peto objected to the
mode of planking directed by Mr. Day; 'if the timber should
give way, it would make a great cavity. Mr. Day persisted in
his order. I went down to Morden, in Surrey, to select two
lots of timber ; it was the most excellent I ever saw ; that was
in August, 1813 ; and in February, 1814, the timber deserved
the same character. Mr. Peto said to Mr. Day, that where the
columns were to stand at the west wing, -the weight would he so
heavy, that he wished to have oak piles; to which Mr, Day ob-
jected, but be would consider **boot it, and in the course of three
days there was to order to driVe oak piles. It was at .tle) east
and west wing, and not at the main body, they were driven. I
took the measurement of the greatest part of the piles. I know
of no one instance in which Mr. Day's orders were not strictly
complied with. I was employed •by the Conimieeioners of the
Customs to build the new wharf wall. I know not of any
effect that wall would produce, except that it would prevent
the water from getting to the foundation. I think it was woe
ter-tight.

Cross-examined by Mr. Arecnourv-CirsERAL.--Bowe part
of the work was let out as task-work. Some of the beech piling
under the Long Room was given out as task.work. Believed
the price given was aid. per foot. Never knew them bore for
the gravel from time to time. Head they had been boring
for the gravel before the pile-driving began. Many of the
piles were crooked. None were so short as six feet when put tin-
der the engine.
Re-examined.--It was usual to let out such work;. be thought
that beech was not fit timber; some of the piles were cut by Mr.
Day's orders ; n great number of persons were at the works, whQ
suggested alterations that were Made.
Gorge Leyburne, examined by Mr. SCAU I.llrre. —I was there
at the beginning of driving the pike; Mr. Day was the clerk
of the works ; when the Monkey recoils from the head of the pile,
they cull it bottonreel ; he went to Mr. Day, to come and see if the
first pike driven were bottomed; he said he could not mine. Mr.
Peto came in, and said to Mr. Day that he should not he satisfied
unless he saw all the piles bottomed; Mr. Day said be could not
attend to them all—when Mr. Peto said that a person should be
appointed for that purpose, and Mr. Day appointed Mullins for
that purpose, who was always there. Ile went to the heap of
piles, and cut them to the length that Mr. Day ordered. They
were then shod. When Mr. Day could get down the pile as far
as he wished, he had it cut off, and sometimes had another driven
by it—he ordered some of the short piles to be cut off so as to range
with the sleepers; sometimes the piles tong neither the planb
nor the sleepers. All the piles, without any exception, were
chosen by Mr. Day. When I thought them too small for thelieevy
part oft the building, I threw thorn on one side for the lighter
part. The piles of the part that has come down are all beech.
I never drove any beech piles but at the Custom-home, and it will
decay sooner than any other wood if not kept under water. I men-
tioned this to Mr. Day at the early part of the work ; he said that
it was wood chosen by Mr. Bennie. Belied seen the ground under
neath ; in his opinion it was net fit far piles to he driven into,
After the first floor of the building was up, the groin of one .of
the arches gave way. I advised Mr. Day to clear t 4 fOon,latlon
all away, and support the column upon an inverted arch. Mi.
Day said it would i o very well as it wait. When they first be-
gan the piling, the tido flowed in every tide; if beech is under
water it will last longer. There were old drain under the (nun-
dation I know where the wharf wall is built ; l 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 waelgreen, it had sot been lung cut. It is
allowed to be best green. I never heard that it was better for the
hark being on. When the piles were ell driven, Mr. Lair:greet
Mullins a pound to get something to drink. lie did not recollect
one order of Mr. Dare being disobeyed.
Mr. &ARUM said that, as it was admitted upon the ricord
that Mr. Peto had given his opinion that piling was an improper
mode, he need not prove it.
Witness cross-examined by Mr. Soeterrou-theatraate,;--The
piles were all seleeted by Day,.end not by Mullins—knew nothing
about how many piles were driven under six feet in length ; the
driving 'WU 14'4 Day to Maine, hot the selecting of the
straight or crooked piles he reserved to Muskat'. The stone Mgt
used where the part fed down were Porthuul atone, "for which
granite was sabatituted--!-that did not affect the piling'lie be-
lieved that Mullins had a guinea a week from Mr. Peto. Ilse did
not know what pay had.
pilell,e-mexr.amnianyedizilfsethmeretn,Wasnanayyedixtltinltt?t
allia. tbbteit.ttgiworg.-
of tlrs
he allowed a plank to be put. There was nothing thee lee Yth.
attend to but the driving of the piles and Chit 14,IniZ4irober.
sleepers and planking. never objected to 00,7
wo,euted the
. By a Juryman,..—linmeaut that the wharf 'te"
tiro tOmidetion
flowing of - the tide ;, if that had not,h,„.„ thr,M
not think plat
would have been alternately act 01:arr;,,,,Ne'water 7nl to pre-
the piles would have beau so cotaWit!Y
verve the booth wood. 801.61. _Re was en.
Stephen Mullins, extWaine4 ),„,.. Mr. Day, particularly to
Piolonirlafautl. tteCupile.4l.4Bi"atr7 "Itis duty commenced when the