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

tiles were brought to the. engine: then he attended to the
driving of them. When Drury-lane Theatre was open, he
'went sway about four o'clock, and then Mr. Day himself was
left to attend to the driving. He was employed at the build-
ing of Drnay-lane Theatre, and afterwards was appointed to
a situation there. Mr. Day was clerk of the works there, and
it was during the building of the theatre that he first became ac-
qinanted with him, Mr. Day was there employed under Mr.
Wyatt. Mr. Day's orders to huh were, that the piles were to be
• driven t.. 1 fax as they wotild go ; and if they did not bottom, or from
any other cause Wontl not,goOte was tq go to him ; and he al-
waye did so.. Mr.T/ay'eVdos tp the men were, that they were
to attend to him, and if tiatirdid not- they Would be turned away ;
the, tarts were, never suderist to remove .the engine from any
without his orders. 'PK Wittless in continuation, went to corro-
borate the y4'0;00 ones,
Two tither Wittioies were then examined, but nothing material,
was theiteds
juin" Lash s-a-Three of the engines were what .'are
called
ringing enuetta the • *eight of them is pulled up by mem:, By
the crab-engine, 'the weight goes up touch higher, and is more
liable to split the et. Mr. Day selected the piles; he cut
m the, and generally a long tree made two piles. They were cut
to lengths, according to the place they were to go to, by Mr.
Day's orders ; he was at those piles that were under the Long
Room. SometiMes there was a pile went on one side, which
was cut off, and another driven by it; those piles were driven
by the ringing engine, and were not hooped ; they were ordered
to give 25 sir 30 blows, And if the pile did not go an inch, it
waslo be considered us bottomed. Mr. Day marked the places
where the piles were 'to yo ; the piles cut off helped to support
the planking, but not the sleepers. Each engine hail a captain.
Cross-examined by Mr. CLARK—IIe worked under his father.
Mr. Peto had nobody there to ouperintend the work for him.
Solomon fireball--He was a pile-driver, and bad been so for
18 years ; lie was at the Custom-house front first to last. His
testimony went to confirm that of the other witnesses.
James Oliver-ai was a general foremen employed by Mr. Pete ;
1 um now in business for myself; I heard Mr. Pete make objec-
tions to Mr. Day as to the mode of laying the foundation ; I fre-
quently heard Mr. Pete say to Mr. Day that the piling was inse-
cure, on account of the water not getting to it ; and that he
ought to have examined what there was under. Mr. Day said
there was no necessity to drive the piles further than he had di-
rected. Mr. Pete often referred to old piles that were found, and
said, that if the beech piles were also under water in the same
way, he hail no doubt but that they might last. He gave that as
a reason that the excavation might be made deeper, so that the
piles would be under the bed of the river ; water did conic to the
piles during their driving. Mr. Pete said to Day, in my bear-
ing, that if the water was kept away the building could not be
executed; he had not the least doubt, in his own mind, but the
drying of the beech piles was sufficient to cause the falling of the
Custom=house. Mr. Pete proposed York-landing, and inverted
arches instead of piling, both to Mr. Laing and to Mr. Day ;
Mr. Laing repeatedly objected to any further expeuce as to exca-
vation, And had no doubt the foundations were perfectly secure;
there were a great number of footings narrowed, which Mr. P.
objected' to, end said they ought rather to be extended ; he could
not say 'that was done by the order of Mr. Laing ; some groins
gave way on the basement in the King's cellar; Mr. Pete ascrib-
ed it to the foundation not being sufficient. Mr. Day said he
bad consulted Mr. Lacing, who was of opinion that the founda-
tion was quite stitlicient. Mr. Veto wished to draw all the piles ;
he well knew that Mr. Veto objected to the mode of trussing the
girders of the floor; he never saw any plan or specification relat-
ing to the foundation ; he never saw a pile driven at which Day
or Mullins was not present. When Mullins went to Drury-lane
Theatre, Day superintended the work ; the quality of the timber
was as fine as could be; he saw some of the spandrels filled in
solid, by Mr. Dayai order, and attended particularly to that part
of the work. The boards used on the roof were all marked by
Mr. Day's own hand ; they were pitch boards about six or seven
feet long.
Cross-examined by the ATTORNET..GENERA 1...*.T110 boards
were, in his opinion, perfectly sound. Mr. Veto throughout was
of opinion that the foundation was unsound. Some of the piles
were rotten when they were taken up; the sleepers were rotten,
and some of the, planking.
lieexamined.—He was by no , means surprised at what had
taken place. He mentioned as much as nine years ago that in his
oeiniou the building would nut stead for ten years.
John laingley, examined by Mr. TIN DALL —He wits foreman
'ta Mt. Veto's carpenters ; he assisted Mr. Day to set out the
huildana. , afterward,' euperintentlea the interior of the build-
ing unair the direction of Mr. Day, from drawilige furnialied by
,Mr. telogas clerk. On several occasions he objected to follow the
directions of Mr. Day, when that gentleman told 'tint lie bath
only: to do as be was directed ,• he had inspected 'the boards that
were on the roof of the building, And believed that they were
sound. •
Charles- Bowler, plasterer, was employed as foreman at the
Cuataine, Asylum at Greenwich, Surgeon's-hall, and other large
}millings, and the work was performed in the best manner by
M. Veto.
Ceo. Smart is a'civil engineer, who had been so employed
4.4 years. He very frequently looked over the Custom-house
during the progress of the building, and after it was finished ;
with regard to the brick and stone, he never saw any thing hotter
performed. The carpenters' work was also very excellent,. And
appeared more like a piece of joiner's work. Beech is employed
irk piling when it is under water but when it is subject to be
wet and dry, a rapid decay takes place. The piece I now pro-
duceal tut off as fine a tree as ever grew : about four years ago
the tree wee four feet in diameter. The piece had been exposed
to 'wet and Airy, Ind it was now complete touchwood. Beech
vaiod is better if used as soon as cot down, and the piles are better
wita the bark on. lie had seen the wharf wall, and was of opi-
nes;: that it prevented the water front flowing into the foundation,
and injured the pile*. It was the duty of a builder to attend to
the hittructions of the architect.
Mr. Charles Fowler, an architect, had been in business seven
or eight years. He assisted Mr. Laing when time Custom-house
was building; be gave plans as the work went on, but not in any
instance did he refer to the original plan. He took Mr. Laing's
Enerarinatruetions ; designs were then draWn out and submitted
far his approbation, anti then given to Mr. Day to carry into exe-
cuticula The original plans and specifications were not at all
acted upon ; the floor of the lung-room bed sunk Rix or seven
feet; Ito had examined the building in 1825, by direction of the
commissionera. In leis opinion the cause of the giving way was
the decay of the planking and sleepers. He had inspected the
Whole , foundation, and there was a great DIME/ of old
\ro, and old piles ;4 there was no natural ground what-
ever ; the foundation was not placed on any natural
ground. He thought decidedly that piling was not judicious ;
, pit.ng was unnecessary if they had gone down to a natural bed;
time Piling was jest completed when he entered into Mr. Laing's
employ; two cross wells went along the long-room where little
wetglit was carried, and smaller piles might do ; the work through-
out appeared to him to be of the best kind, both ai to the work
and the materials; the planks and sleepers could not be always
Under water. The wharf-wall is now a complete barrier to the
admission of time water ; he found Day there as clerk of the works.
It is the duty of the architect to ascertain the nature of the founda-
tion ; time plans and specifications are intended for the guidance of.
the clerk of worki, and for the builder's use as well.
Crow-examined by the ATTOILNEY-GENNUAL.---Fie was chiefly
en:ploy:A in'the finishing; and according to the original plans,
there were collars as now, and a row of warehouses, and a long
Som. Therewere some subdivisions of rooms and windows
in it ; but tae Main design was the same. From the manner of
piling the building, it could scarcely he expected that it would
. stand. He was not there at any part of the piling. If there was
a constant arrest of water, the piles could not have been dry be-
tw,..ett the ebbing and flowing of the tide.
Mr. Savage, Mn architect, attributed the sinking of the build-
ing to the decay of the sleepers and planking; they were evidently
decomposed. (The witness underwent a laughable cross-examin,
atiOn by the Soujc roR-GCNttnAL respecting the decomposition
of the planking and steenere.)
Thomas Rosa, a timber-merchant, furnished part of the beech-
timber, and had furnished beech-timber since the building of the
caaaaa„.a.bouse, for Government writs at Sheerness. The beech
piles for the Custom-house were from 9' to 12 inches diameter,
with :the bark, if it was furnished within a month after it was
cut. The quality
was eery good, and proper for ,pilittg, as far
,
it hie opinion went. Nine inches .diameter is.meant at 6 feet
from the but. It should be kept wetalecideally, oratwatdd very
Nolte become, oaeeleas,
tale. Allen, an architect.—Ile had inspected the Custemehouse
341311 t the time of its first aiihire, and afterwards when, the failiia
down was cleared. He hind the. opportunity of examining ,aara.
Ihe was of opinion that the failure ercesafrom the tie.'
oulatly,• dthe
(t_h.•
p an sleepers , progress •of owl.
"1":1;,-d-,' when beach was
.not iiumersed in. water, and when
it
;dip alteraetety wet sell ,dry.. On the sleepers be
of , was aulale44 - . idented ;on each sleeper he could
annul the toastysate
trace a ; generally he could trace that, thet: pilee •.supportstd. the
eleepers. (The wittuciss produce. a piece o a skeper, sad of a
He was of opinion that a piece of
}mile, in a moat decayea state).
wadi
_timber, placed as the beech was at the. Custom-house, would,
in & few years be reduced to the state of the two pieces prodOced.
g to connect the piles toge-
The use of the sleepers and p
ther. The ground was m -mkt lul II! fin to a sdrive a pile at all. From

the drawing, he should take it for granted that the bed of the
gravel was ascertained, that the piket would be embedded two feet
in the gravel, and the whole length of the -pile would be seven
feet six. tneltee. From another drawing` shown him, the piles ap-
peered. 'to be eight feet,
Cross-examiried by the Agroxviter-Gointat..—The piles in
the hall, bethought were a very unfair specimen of the piles used
in the building. -
Re-examined.--He thought the piles in the ball were the very
Worst, both as to length, size, and crookedness.; be did not see
one short pile that had been driven, but there was a reason for
its being so ; the ground was very much ineumbered with the old
building ; he did not think that oue pile in four coal,' have gone
into the gravel; the sketches of the piles produced be to at the
time, and made a plan of tbe whole foundation.
• A witness was examined who had meaeured the timber that
was bought in Oxfordshire, as well ::s that bought in Surrey, who
spoke to the quantity and the quality ; it was very good timber ;
the timber from Oxfordshire was much larger than that which
was bought in Surrey.
Mr. ScaiLerr called for a number of letters and other docu-
mentary evidence, some of which was produced ; and it was
stated, that a number of the papers that referred to the building
of the Custom-house had been destroyed. •
One of the letters was instructions from Mr. Laing, the archi-
tect, to drive, in a particular part of the building, oak piles, in-
stead of beech, and plunks ti Males thick, instead of 3 inches.
Mr. Scatterer—. That is my case." , It was then 6 o'clock.
The Cuter Mem; said, if Mr. Attoreney-General wished it,
fled the Gentlemen of the Jury were agreeable to it, he would go
on. Both assenting—
The ATM N EY- G Kti t;11. rose./ se1, ome endeavour to de-
ntin them but a very short time wAi-the observations he was about
to make : be would only endeavniti to put the question li,r their
decision in its proper point of view.- The question was of public
importance, but to the individual who was the defendant most
important. In his seat in the House of Comthons, his Learn-
ed Friend, Mr. Scarlett, had remarked that a complaint had
been made of the insufficient way that the Custom-house had
been built, and it had also been said that the Govermuent had
protected a favourite, who had been appointed the architect,- had
let him escape altogether, and fixed upon the defendant for a
sacrifice, for the neglects and gross errors that had been com-
mitted. lie would repel that charge by saying, that at the
same time proceedings had been ordered to be taken against
the defendant, proceedings were ordered to be commenced against
the surveyor, Mr. Laing, for his great neglect and misconduct
while acting in that capacity, and for which neglect in the su-
perintendenm of the building of the Custom-hawse, he would
shortly have to answer before a jury of his countrymen, who
would have to say whether he had not been negligent in the con-
striction of the building. It was upon his recommendation that
the proceedings that had taken place were commenced, hut not
until after he had all the documents laid before him. This build-
ing, which was to he reared at a great expense, at a cost of not
less a sum than 300,0001., had scarcely been iiniehed, had been
but a short time occupied, betbre it was discovered that it was de-
fective, and that in the Most essential part, the foundation, and it
very soon fell to the ground. lie felt it his duty to take the opi-
nion of a most eminent architect, who at once stated that there
could not be a doubt but that the cause was from a defect in the
foundation. Having thus done, could it be charged against him
that he had in any manlier acted unfiiirly to Mr. Pete in giving
his advice that pmeedingsehould be commenced against him, and
the only course that appeared to him to lie correct was to proceed
upon the security that Mr. Peto had given, namely, the bond ?
and upon that proceedings had been taken, in order that the whole
.of the great loss incurred might not full upon the public. The
terms of the contract should not be lost sight of. It was a con-
tract to do certain works particularly specified, and that in a
substantial and Workmanlike manner; which he contracted to do,
and upon the terms therein stated, for the sum of 165,0001. A
part of that work,, and a most -material one, was the formation of
such a foundation as would carry the superstructure, and that
foundation was to be formed by piles of timber agreeable to a
specification handed to the defendant, and upon the terms which
had been agreed upon. What was the duty of Mr. Peto—was it
not that he should see the work properly done? If Mr. Laing
interfered, and thatimproperly, did not Mr. Peto know that be
had not contracted With Mr. Laing? On the contrary, he was
fully aware that the contract was entered into with the Commis-
sioners of the Cnstome, and not with their surveyor, Mr, Laing;
and if lie interfered, or proceeded in such a manner that the
building was likely to be rendered insecure and unsafe, to them
should he have applied. The building of the Custom-house was
completed, but very soon was it found to be most unsafe, and
that the work bail been done at a much lower ...rate than it
could have been done bad the terms of the specification been
adhered to. Ile had no hesitation in admitting that Mr. Laing
was the architect employed, but it was a very important ques-
tion for the Jury to decide, whether in that capacity he
was clothed with such power and authority as the defend-
ant would ascribe to him, and by which the public had sus-
tabled so great en injury. If the defendant knew that the
piles were so insufficient, he should have informed the Commis-
sioners of the Costello, end have consulted with them, and not
have persevered in a course by which he knew the building would
be eventually destroyed. For the piling, Mr. Peto had received
no less a sum than 24,8001. double the amount he was to receive
under the contract ; and a further charge had been made for the
filling up the spandrels of the arches, at a rate that was equal to
solid brick-work, whereas they were filled up with rubbish.
After sense further remarks, be said that he had no wish to press
hard upon the defendant : lie was-only it servant of the public, and
in making the remarks he bad in the course of the trial, he only
endeavoured to exercise'the duty that devolved on him. Which-
ever way the Jury gave their verdict, he should feel that they
had conscientiously acted to the parties and to the country.
The Cater Banos charged the Jury, that the terms of the
contract were well known to the defendant; the great question
for them to decide was, whether he was justified in departing from
the contract as he had done. He *as of opinion that there was
not the slightest evidence of collusion between Mr. Peto and Mr.
Laing, but the defendant should have applied to the commis-
sioners, if he had acted with prudence. The case. was in the
hands of the Jury; they would satisfy their minds, and return a
verdict accordingly.
At Q 5 minutes before seven o'clock the Jury retired, and at ten
O'clock returned the following verdicts on each issue, eleven in
number :-
Ist. That there was a bed of bard gravel, and into which the
piles could have been driven : upon which they returned a verdict
for the Crown, but expressed their opinion that the piles would
have been forced into it but fur the interference of the surveyor, or
the clerk of the works.
2d Issue was, that Mr. Laing was appointed surveyor of build-
ings; but not for the Casten-house. Upon . this the Jury found
that he was authorized by the Commissionera to superintend the
building of the Costom-bouse.
hid. That Mr. Laing, or the clerk of the works, had no power
to give directions respecting the piling, &c. The Jury found that
Mr. Laing had such authority.
4th. That the defendant dui not pile according to the directions
of Mr. Lainge—The Jury returned, that he did pile according to
Mr. Laing's desire.
sth. Was somewhat varied from the last, upon which the Jury
found for the defendant.
•
6th. That Mr. Laing nor Mr. Day bad authority to give di-
rections to fill up the spandrels of the arches, or to select wood
• far the roof of the Custom-house. The Jury found that they had.
'7th. Whether there Nt'aßriny collusion betweeen Mr. Laing and
Mr. Pens. The Jury found that there was neither fraud nor col.
• 6th. That Mr. Laing nor Mr. Day had authority to give orders
to•deviate from' the original plan with respect to the spandrels of
the arches. The Jury found that they had. • - •
9th. That the work was not done according to drawings fur,
aished during the progress of the work.--The Jury found that it

was.
10th. That in all the work, the orders given to deviate in the
plans and designs were not well perfortned.—The Jury returned
that they were.
11th. That the works were not done to the approbation of Mr.
Laing.—The Jury found that they were.

DENMARK V. TOWNSEND,
This was an action brought by the plaintiff; a poor man, and
advanced in years; to recover compensation in damages for an in-
jury he sustained in consequence of the defendant's cart being
furiously driven against him.
The facts of the case were these :—ln the month of June, 1825,
C. KinOton, the defendant's servant, was driving his master's
cart through Davies-street, Brook-street, at a furious rate, which
was described to be at the rate of nine miles an hour ; the plain-
,
tiff W,lB in the act of' crossing, when the off-shaft struck him in
the back,
and threw him into. the kennel; the driver, with ordi-
nary care, might have seen the. plaintiff, and avoided the accident ;
the defendant's- servant immediately pulled upP when it was
as-
certained that the plaintiff had received • a serious injury, two
of his ribs having been broken by the shaft, which struck him
violently.
-_
Medical Rid was procured, and the plaintiff' was for
twelve wealth under the hands of a' surgeon.:
The whole
transaction was entirely attributable tothe negligence of the
defendant's servant. The plaintiff was obliged to have recourse

to the present action, as the defendant refused to make a suitable
compensation for the injury he had sustained.
These facts were fully proved in evidence. •
Fur .the defence, evidence was called to show- that the plaintiff
might have avoided the accident if be had taken proper care in
mining the street, and had stopped when he saw the cart so close
to him ; and that the defendant's servant was not in fault, and
was only driving at the rate of hiX miles and a half an hour.
Mr. Justice GasetAE.stuurned up the case, and left it to the
Jury to determine on which side the weight of evidence pre-
ponderated.
The Jury found fur the plaintiff—Damages 50/. and costs 403.

PARLIAMENTARY PROCEEDINGS.

HOUSE, OF cOMMONS,_('rws DAy.)

NOl ICES OF 3101'10,43.
1. Dr. I,ushington-31otion relative to the Free Ptople of Co.
lour in the West tritlie!e
2. Mr. llobhouse—Bill for the better security of Literary Pro-

perty•
3.'i1l r. Edmond Wodebouse—Address ran ive to the communi-
cations that have been received front his Alajesty's Coi:sula '
abroad, on the subject of the prices of Foreign Corn.
4. Mr. Attorney-General—Bill founded upon the Report of the-
Coannissionets 'appointed to inquire into the Practice of the
Court of Chancery.
5. r. John Williams—To refer Report of the Chancery Com-
mistions to a Committee of this Rouse.
F. Mr. ;Martin (of Galway) —To move, that this House will,
early in the next Session of Parliament, take into its con-
sideration how far it may be practicable to afford to the
brute creation -the protection of haw, without divesting
man of that controul over, and disposal of creatures, which
a wise Providence entrusted to hint for f is use and benefit ;
but which trust was to be eNereised with a due regard to
reason, justice, and conscience.
7..;k1r. William Smith—To present Petition front r rote-tunt

Dissenter..
It Mr. Charletllur of the Exclicquer—Usual Sessional
dresses. _ _

-------
ottiqms Ok"ritt: trtY.
I. Bankers (Scotland) Bill— Third readhig.
2. Alehouses Licensing Bill—Third rending.
a. Importation of Coro Bill—Third tending.
4. Warehoused torn reading.
5. \Vtittinitistcr improvement Bill _-Committee.
6. 11:irochial Clergy Residence Bill—lteport.
7. t 'wet Canada Election !till—Second reading.

FOTICE GtVI YESTERDAY.
41fonday, May 422.
,orri Nugent—To present Petition relating to the right o
voting in the Borough of Banbury.

The Lottery now on Sale is the Last that will ever
be allowed in this Kingdom. The price of Tickets
and Shares will rise in a fetv days. There are Six
of 330,000. All to be drawn in One Day•

PRICKS OP STOCKS TIII
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