The Sun.
London, England, 1828-03-13 00:00:00

WESTERN CIRCUIT.-SALISBURY, MARCH 11.

YIGES AND ANOTIIEK V. FOOTNEII.
Mr. Sergeant WILDE, with whom was Mr. C. F. WIL-
LIAMS, Mr. Pommi, and Mr. FOLLETT, stated that this
was an issue out of the Court of Chancery,to try whether a
certain agreement first came lawfully into the hands of
Messrs. Figes and Longcroft, brewers, at Romsey, in the
adjoining county, and secondly, whether certain words at
the end of that agreement were there at the time it was ex-
ecuted. The question was by no means a complicated one.
Mr. Newman, one of the parties, carried on the business
of a brewer, which he sold to Figes and Longcroft; the
property consisted chiefly of public houses, these were very
old, and consequently caused great expense in keeping them
in repair. An agreement was entered into between the
parties, for Figcs and Longcroft to hold for three years.
Some time after he (Newman) knowing the nature of the
property, talked of granting an extension of the term,
which he should be able to show by several witnesses.
Newman is since dead. During his life lie was a man of
rather penurious habit, and after his disposing of the busi-
ness he was in the habit of drinking, of which circum-
stance he understood his Learned Friends intended to take
advantage, but he should be able to show, that at the time
of the executing the agreement, the subject of the present
inquiry, he was not in liquor, but was perfectly sober.
Their next and principal reliance will be, that the whole
agreement was not written at one time. He should eall a
witness of the name of Kemp, who was present at the
time, and he would most positively swear, that the two
last lines were there at the time of the execution. This he
believed to be the strength of the defendant's case.—Mr.
Sergeant Wilde then called evidence in support of his case.
The Hon. T. ERSKINE, was heard on behalf of the de-
fendent, after which
The Jury found a verdict to the effect that the two last
lines had been added after the execution, but that the
agreement came lawfully into the hatrids of the plaintiffs.

NORTHERN CIRCUIT.—LANCASTER, MARCH
Edward Howard, aged 26, stood indicted for having
burglariously broben and entered the dwelling-house of Mr.
Robt.Consterdine, at Middleton, near Bury,in this county,
and stealing therein various articles of property.
Mrs. Sarah Consterdine stated, that she and her husband
lived in a lone house at Middleton, near Bury. There is
no house near it within 500 yards. About twelve o'clock
on the night of the 14th January, she was in bed, and was
alarmed by the barking of the dog. She got out of bed,
and on looking out at the back window, she saw a gang
of six men underneath_ Shit asked_ them what. they
wanted, and they said they wanted coals. Witness was
much alarmed, and said, " Tell me your names, and you
shall have some in the morning." One of them then said,
" send that man of your's to the window, and we sviV-tell
him our names." Witness. told them that he was very ill
at his mother's. They then said, " Let tie into the holm."
Witness said she would not, and the next moment she
heard the back window under that at which she was stand-
ing, smashed to pieces, by which they could effect an
entrance into the interior of the house. She recognised
the prisoner amongst the gang. She had known him
three or four years. She opened the front window,-and
shouted out " Murder ! Thieves'." as loud as she was able,
but could make no person bear, as the only house near was
the " Bull," and that is 500 yards off. Witness finding
no person come to her assistance, got out of the window
and concealed herself in a pear-tree,immediately underneath,
but a man pelted her with clods, and threatened violence to
her. if she did not go back. She felt very much
alarmed, and returned to her bed-room by the window.
Her husband was very sick, and she carried him into a
lumber room and lucked themselves in. Just as they had
done so, one of the robbers knocked at the door, and desi-
red them to come out ; she said they would if they would
not kill them. She opened the door upon a promise to
that effect being made, and she then saw the prisoner by
the light from the candle. The man that knocked at the
door had his face covered with crape. Witness told them
that all the money she had was in her pocket in her bed-
room. Two of them, with their faces disfigured, then said,
" Conic then, and show us where it is." She led them
into her bed-room,and gave them her pocket, of the contents
of which they possessed themselves. One of them, then,
with a crow-bar, broke her husband's desk to shivers, and
rummaged that and all the drawers in the room, in her
presence. They then broke open an old oak chest, and
took out a gown-piece, which was found in the forecourt
next morning. They then quitted the room and left the
house, and witness went down to fasten the door (after she
bad removed her husband again from the lumber-room, to
his bed-chamber) ; but before she could do so, the gang
returned. She reared herself behind the door, whilst tkey
passed in, and as soon as they all had passed her, she crept
out, and ran along the turnpike road, intending to alarm
the peoplo at the Bull, but she had not got more than one
hundred yards when she was overtaken by a man who
seized her by the neck, and turned her violently round.—
She screamed out " Murder, murder, oh, spars me, spare
me." The man then drggged her back to the house, and
took her into the wash-house, and held her behind the
door for a long time, at length one of the gang came with
some candles in his hand, and by the light that
they spread upon the man's face that held her,
she discovered it to be that of the prisoner Howard.
Witness saw the prisoner next day at the Boar's Head in
the custody of Smithers, a constable, he then had on a dif-
ferent waistcoat, which she immediately discovered; the
constable withdrew with him, and on his coming into her
presence again he had on the very waistcoat she had the
night before taken so ninth notice of.
Thomas Smithers, constable, corroborated the latter part
of this witness's testimony.
John Skellern, an innkeeper at Oldham, stated that
the prisoner with two other men and a woman were at his
house drinking at about 10 o'clock on the night of the 14th
January ; he had on a dark striped waistcoat (the one noel
produced) ; they left about eleven and went towards the
new road to Middleton.
The Jury found the prisoner Guilty, sentence of death
recorded.

A numerous deputation of gentlemen and
merchants, interested in the West India Islands, waited cm
the Duke of WELLINGTON at eleven o'clock yesterday
morning, at the Treasury, for the purpose of having a con-
ference with his Grace. Mr. HUSKISSON, as Secretary of
State for the Colonies, and Mr. C. GRANT, as President
of the Board of Trade, assisted at the interview. Tht
Marquis of SLIGO, Mr. limp:, and Mr. lIIEBERT, were
among the deputation. The conference lasted upwards oi
an hour.
Prince POLIGNAC, the French Ambassador,
had an interview yesterday with the Duke vi zLLI GToN
Prince LILVEN, the Russian Ambassador,
and Prince Pomosac, the French Ambassador, had a con-
ference with Earl DuNLEY yesterday, at the Foreign-office,
The Right Hon. STItATFORD CANNING
was engaged yesterday for a considerable time at the Fo-
reign and Colonial-offices, transacting official business.

SPIRIT OF THE PUBLIC JOURNALS,

It will be seen by or report of the Parliamentary
proceedings of last night, as well as by our yester-
day's statement, that the labours of the Finance'
Committee have already resulted in a proposition to
repeal an Act, under the operation of which the pub-
lic is losing at the rate of nearly a PiM. per week,
"or abotit 400R00/. a-year, by the conversion of per-
manent into life at-Militias. This Act was passed in
the year 1808, under the financial administration of
Mr. Perceval, who introduced the project in a long
and elaborate speech on the 13th of May in that
year. 'he professed object of the Minister was, fo
pay off a portion of the national debt, at a chcapea
rate than that at which the Commissionet a of the
Sinking Fed could redeem it, on the contingency
of a rise in the funds which he confidently antici-
pated. This object was to be accomplished by
enabling persons possessing stork in the Three per
Centa. to transfer that stock to the Commissionera
on obtaining in its stead equivalent life annuities.--
At that time, although the nation was contracting
debt at the rate of 20,000,0001. a year, it was
esteemed the height of financial wisdom to hire a
Minister and the fashionable
buysseitnkoifncgomFmunisdsiolnicecrosrtdoing up the said debt to
amountthe
of 10,000,0001.; and this notable scheme
was to assist them in their useful labours. The
had
thei;,stpaft etmheendtayo! the
two objects, which seemed unaccounta; :;" at va-
riance with each other, namely, one to provide for
the final redemption of the debt (in which case it was
the interest of the country that the Commissioners
should buy stock as cheaply as possible), and another
to keep up the price of stock, that Government
might borrow as advantageously as possible ; and
this annuity project was introduced to combine the
benefits of both without the losses of e
Perceval,
„itther.
oiticr` It
will set
will naturally tend," slid Mr.
the price of stocks, and it will at the same time se-
cure the tedemption, at a low price, of so much
stock as may be transferred antecedent to the rise
produced." The Three pet Cents. were then at
68, and the Minister anticipated a rise. The con-
version was of course to be made at the current
price of the day. In the debate which ensued, se-
veral objections were started to the plan of the Fi-
nance Minister ; but none of its opponents antici-
pated its injurious effect on the pecuniary interests
of the public. The most plausible was that of Mr.
Tierney, who inferred that the holder of stock, being
apprised by the Minister of its probable rise, would
not part with an improving capital for a limited
unimprovable annuity. Accordingly, for some
time the conversions of stock were by no means
considerable. In the first year we are told that
only about 50,0001. of annuities were created
on the new plan. The fundholders, how-
evor, seemed gradually to have perceived its :ad-
vantages. In 1826, we find that the life an-
nuities created in consequence of Perceval's Act,
amounted to 562,6681.; and this year they •are
stated at 810,000/. It is singular that the author of
the measure, who deemed it 30 well adapted to
obviate the disadvantages of the usual process of
redeeming our debt by a sinking fund, did not per-
ceive, that if it operated in favour of the public by
limiting the amount of our incumbrauccs before a vise
of stock, it was equally against us in case of a fluetua-
tion the other way. It is still more extraordinary,
that after the losses which it was occasioning to the
public had been established by undeniable demon-
stration, the two Chancellors of the Exchequer who
succeeded Mr. Perceval, who have both received
peerages, and one of them a peerage and a pension,
for managing our affairs, should never have thought
it worth their while to re-examine a project, by
which some hundred thousands of pounds were
annually added to our hardens. Why did not Lord
Bexley and Lord Goderich—on whom the conside-
ration of the subject was pressed, and whose duty it
was to have instituted an exact inquiry, if they
themselves could not make the calculation—do what
the Finance Committee has now done? If, as Lord
Althorp stated, the attention of Lord Bexley was
called to this subject se long ago as 1819, it is incon-
ceivable on what ground his Lordship can be entitled
to a pension of 3,0001. a year for kis services. Is it
a public service, to have, after warning, persisted in
a scheme which has produced such serious loss to
the country ?—Tintes.
It is understood that despatches have been recei-
ved by the Russian Ambassador here from his Go-
vernnient, which leave no doubt as to its intentions,
and that the subject of these despatches formed yester-
day, the subject of the deliberations of a Cabinet Coun-
cil. We can only repeat what we advanced on Tuesday,
that we trust our Government will not be so foolish
as to involve the nation in a war with Russia, for
an object in which neither principle nor advantage
is concerned. The popular feeling throughout
Europe too, front a variety of causes, is decidedly
hostile to all attempts to protect the Turks. In-
deed we do not see how it is possible to benefit
them by any interference in their behalf ; for 1 VCIL C
any State to propose such a course as might have
the effect of rescuing them from the consequence.
friended. No
of hostilities with Russia, they would obstinately re-
ject it. They will not allow themselves to be
onehe-
will question
rliielato'leefds instead oßf
State to do itself justice, by force of arms, when
a third party.
‘tvlhicichmiesdi
another State refuses to observe Treaties. The
most that can be expected in such a case is, that
proceeding to do itself justice, express a willingness
Itthoeacteteaptitmoif
But
Turkey will neither accept of any mediation, nor
would she abide by its arbitration. The question
then becomes entirely one of expediency with Rus-
sia, whether she will put herself to the expence of
obtaining justice by force of arms. A war between
two States becomes of importance to other
States, chiefly in two respects—First, the cause
of the war. If one State attacks another without a
just cause, other States have ground for alarm, es-
pecially if the assailing State happens at the time to
be formidable from its power. The security of na-
tions depends greatly on the prevalence of the be-
lief, that no unoffending State shall be liable to be
tvantonly attacked by another.—Secondly, the con-
sequences of the war. A State may have just cause
for invading another, and yet the invasion might
alarm neighbouring States from the supposed change
in the relations between nations, which the occupa-
tion of a particular country by a particular power
might produce. These arc matters as to which no
rules can be laid down of universal application. The
Holy Alliance was a sort of substitute for the Tri-
buual of the Abbe St. Pierre, for ensuring perpetual
peace ; and the five Powers of the Alliance, posses-
sing of themselves nearly all the military force of
Europe, could, no doubt, awe the minor Powers
into compliance with their injunctions. But when
the Members of the Alliance themselves have dif-
ferences with each other, or when they are afraid of
the consequences which may result from a contest
between one of the number and another Power, what
is to be done Will, in this last case, the remaining
Members insist on supplying in common an army of
execution, to reduce the refractory State to order,
• that the consequences to be apprehended from a war
with a particular Power may he obviated ? It is
only on the ground of the relative position of other
States to Russia being liable to be changed by the
results of a war with Turkey, that we can have any
pretext for interference. We cannot say that a state
shall not be at liberty' to do itself justice by force of
arms, when all other means of obtaining justice prove
unavailing. But it becomes a delicate point for one
nation to say to another, you shall not make war on
a third, though it refuses to do you justice, because
in having recourse to war, you may acquire posses-
sion of what we wish you should not possess. But
would the occupation of part of Turkey by Russia
be of that consequence to us, that we should, either
by ourselves or in conjunction with France, take so
offensive a step as to say to Russia, you shall not do
yourselves justice, because of the consequences with
regard to us. We say that it would not. We have
tke satisfaction, too, of knowing that one ce. the
very ablest, and certainly the best informed of all our
'Statesmen(we mean Lord Grenville), at a Meeting

of the Levant Company, of which he was Chairman,
distinctly stated a few years ago, when it was sup-
posed that the Emperor Aleaander was about to in-
vade Turkey, that as far its the interest of England
was concerned, the prevention of the occupation of
that country would not be worth One month's ex-
pense of a war which should have that object in
view. We trust his Lsrdship will not hesitate to
deliver the same opinion in his place in Parliament,
should it be necessary, as his authority might go far
in determining. Ministers to act with prudence on an
occasion when a departure from it would be attended
with such serious consequences to a nation, involved
in all manner of difficulties. What is it to Us that
Russia obtains a footing in Turkey 'e Will Russia
be thereby enabled to endanger our safety ? This
country could laugh at any attempt on the part of
Russia, if she were to take possession of ten such
countries as Turkey. Will she be enabled thereby
to endanger the independence of the civilized nations
of the West ? Certainly not. In fact, the occupa•
tion of Turkey would force her to employ all her
disposable resources in another direction for a lone.
period. And what then haye the densely peopled,'
civilized, and warlike nations of the West of Europe
to dread from Russia ? On -the side of Turkey she
is powerful, because Turkey isan inert mass, just as
she was powerful against the anarchical and helpless
Republic of Poland. But in a quarter of Europe
where armies could be opposed to her with advan-
tage, there is no ground for apprehension. The
Trea,•o; of London in itself amounts to a denial, on
the part of the Contracting Parties, of the title of
Turkey to be treated as a State capable of self-
direction. The head cannot answer for the mem-
bers, nor the members for the head. The annihilation
of a Power, which neither fear, nor prudence, nor
justice, can influence, ought not to inspire other
States with any alarm for their independence. But
Russia is already too large, and what will she be,
increasing as she does so rapidly in numbers, with
the addition of a part of Turkey ? On this prin-
ciple it would be well to know how powerful a State
ought to be allowed to be, that we may fall upon
Russia betimes. If she be powerful with the ac-
cession of Turkey, she will be more powerful in
twenty years without such accession, than it would
make her at present. Are we then to be at the ex-
pense of a war, to prevent Russia f-am attaining
now a degree of power, which she would, at all
events, be sure to reach by the devompment of her
own resources in a few years ? But then, Turkey
in her hands would be a very different country from
what it is now, and we should thus have the rapid
increase of old Russia to struggle with, in addition
to the rapid increase of the acquired territory. So
the fear of Russian ameliorations converting a mi-
serable into is prosperous population, is to be a mo-
tive for condemning the finest part of Europe to per-
petual misgovernment, and struggling to perpetuate
the existence of a State becoming every day more
feeble, placed beside a Power becoming every day
more civilized and powerful.-2lforning Chronicle.
The Marylebone Vestry has at length broken si-
lence; and, in a pamphlet of thirty pages, which
they have caused to be printed at the parish expence,
and distributed from house to house, have put forth
a defence as fallacious as it is ingenious, as sophisti-
cal as it is acute. It is, however, written in a tone
of moderation creditable to its authors ; and is not
the less valuable front showing, as it does, the use
and the influence which the spirit which has been
roused has been of already, and is likely to be, to
the inhabitants of this extensive parish. Were the
parochial committee to go no further, and drop from
this moment call ulterior proceedings, the good they
have already done, by bridging these people, in some
measure, to their senses, would entitle them to end-
less gratitude. Rut the very publication and mode
of distributing this document carries upon the face
of it a tolerable instance of self-condemnation.
When the parishioners asked for that which was
their undoubted right—viz. the annual self-audited
accounts of the Vestry to be printed, and left at
their houses—the expence and trouble were started
as insuperable objections; but, when the cracked re-
putation of the Vestry itself is assailed, then, forsooth,
a book can be printed and distributed with a promp-
titude and alacrity which would have been more
excusable were it not contrasted with the reluc-
tance and absolute refusal we have just alluded to.
We cannot go into the details of this statement.
To us it appears rather in the light of an
apology than of an answer—of an appeal to mercy,
rather than a defence. Our objections are to the
Select Vestry system, as carried on in this and
other parishes—to the self-electing, self-auditing
juntas, who tax whole communities from which
they have derived no authority—who carry on their
proceeding in secret, and who close their books and
their doors to the very persons to whom they ought
to he responsible. Were a body so constituted, and
so conducting itself, composed of the most honour-
able men upon earth, that would form no argument
for, or justification of, a system which is at variance
with the true representative principles of a free Go-
vernment; and when we know that, in most in-
stances, it is a power which has been most grossly
abused, we trust that the inhabitants of all parishes
so situated will be aroused to a sense of the oppres-
sive anomaly they are labouring under, and unite
with the spirited inhabitants of Marylebone in tak-
ing into their own hands the natural authority which
has been usurped from them--viz. the power of
taxing themselves, and of seeing and knowing what
becomes of their own money. To these principles
the pamphlet we allude to offers no shadow of refu-
tation, and amounts, as far as the Select Vestry
system goes, absolutely to nothing.— Morning
Herald.

The abuses in the administration of the Poor
Laws will be brought under the consideration of the
House of Commons to-night by the motion of Mr.
Slaney ; and although we know this is a subject
beset by the greatest difficulties, we are not without
hope that means may be devised to abolish gradually
the present destractive7pactice of paying wages in
part out of the Poor Rates, or at least of preventing
the further extension of the system. 'We are not of
the number of those who impute avarice and cruelty
to the Magistracy in our agricultural districts, or to
the owners and occupiers of land, because a system
has been suffered to grow up, the effect of which
is now discovered to be the misery and degradation
of the labouring classes.. On the contrary, we
believe that, the practice had its origin in the
benevolence—the ill-judging, and perhaps too
officious benevolence of those bodies—and are
indeed convinced of the moral impossibility of
its having proceeded from
_any other source.
But however the system may have arisen, it is
unquestionably productive of the greatest evils to
the labourers, to their employers, and to the nation
at large ; and it is the imperative duty of Parliament
to direct its attention to discover and apply the
safest and speediest method of abolishing it. The
practice of affording parochial aid to the lalsourer,
merely because he has a wife and family, and in
proportion to the number of the latter, however
expedient as a means of mitigating the rigour of a
period of unusual distress arising from any accidental
cause, cannot be permanently in operation without
reducing the general rate of wages to the lowest
scale consistent with the maintenance of the unmar-
ried labourer. How is it possible to overrate the
mischiefs arising to the labourers, whether as indivi-
duals or as a class, from this state of things ? It
reduces them to one dead and uniform level of hop-
less and abject penury. Limited front his outset in life
to the scantiest means of prolonging mere animal
.existence, the individual is excluded from the
hope, and deprived of all the energy, and vir-
tues, and happiness which that hope imparts,
of ever improving his condition. The natural
consequence is, that he cares only for the day
or the hour that is immediately before him—
that he becomes reckless, improvident, and unprin-
cipled. Dependent, not like other classes for an in-
crease or diminution of their comforts and enjoy_
mnents upon the general prosperity of the country, or
upon adverse or propitious seasons, or indeed upon
any other cause than the fixed principles upon

which Magistrates and overseers calculate, from'
time to time, the minimum of their necessary sub-
sistence, can it excite surprise if the class subject to
the operation of this system should become demo-
ralised and degraded—insensible to the ties and sym-
pathies of country and neighbourhood—coutemptu-
ous and hostile towards their superiors—regardless
of the laws—indifferent even to the obligations which
gpring'out of the tenderest and closest relations of soci-
ety ? That such is the tendency of the system now so
generally adopted there is no room to doubt. We
would be warranted in this conclusion, with reason
only for our guide ; and we sincerely wish that we
were less able than we are to fortify it by the ample
testimony of experience. But every man acquainted
with the rural population of England agrees, that
wherever this system has been established for any
considerable period, its ill effects arfr manifest in the
deteriorated condition and character of the mass of
the people. This is enough to impel the Legisla-
ture to the most vigorous efforts to root out and
abolish the system. It has as yet only began to
work, and we all know that it is in the nature of all
social arrangements to shed their influence only by
degrees. Enough is already seen, however, to con-
vince Parliament that the system is a bad one, and
that if it is persevered in worse consequences must
now from it than what have hitherto been expo—
rienced.—New Times.

DESTRUCTION of the NEW BRUNSWICK
THEATRE, WELLCLOSE-SQUARE.

ADJOURNED CORONER'S INQUEST, MARCH 12.
(Examination of Shaw, part of which appeared in our
impression of yesterday.)

I believe the cantelevers which supported the balcony, in
front of the theatre, extended about five feet over the King's
highway, in Well-street ; and I think the cornice that
was struck for it, was about eight inches in thickness, but
I do not know it of my own knowledge, not being a
plasterer.

Here Mr. Shaw addressed the Coroner—He had received
no relief, except the sovereign, which he had kindly ordered
him. He had applied to Mr. Wilkinson for a certificate,
in order to enable him to receive money at the Mansion-
house. Mr. Wilkinson had refused to sign it; he had
sent to him on Tuesday and again last Right, and on both
occasions he had refused to sign it.
A Juror said this was extremely strange. A notice had
been issued by the Lord Mayor, stating that every person
on the books of the theatre should receive a fortnight's pay
on the production of a certificate signed by Mr. Wilkinson.
A person here informed the Coroner that Mr. Wilkinson
said he had been advised not to sign Shaw's certificate, by
Mr. Mallard, a Magistrate.
Several persons here said, that this was as cruel a thing
in its way as they had ever heard of.
Shaw said he would go to Mr. Mallard and ask him
whether such was the case, and bring him with him to the
office.

Another gentleman said that nothing personal was
meant on the part of Mr. Wilkinson towards Shaw, but
the fact was, Shaw had applied by letter instead of per-
sonally.
Shaw said this could not have been the reason, for he
had written similar applications for two other men, named
Drewe and Norris, and their certificates were granted. He
stated that a man named Stirling, who had been discharged
on the Tuesday preceding the accident, had notwithstand-
ing received his certificate from Mr. Wilkinson, and got a
fortniSt's pay, amounting to 31. 16s. This was one of
the persons who was to be brought forivard to contradict
his testimony.—(A strong expression of feeling was ex-
hibited by the Jury‘)
A Juryman—Did Mr. Wilkinson assign any rea',on for
his refusal ?—Shaw—No, none.

One of the Jury here said, that Mr. Wilkinson owed it
to his own character to conic forward and state openly the
reasons for his refusal. He also wished Shaw to go to Mr.
Wilkinson again to get his certificate, and he should have
the money.
Isaac Ablett sworn—l am clerk to Mr. Pullen ; I was
talking for a few minutes yesterday to an individual at the
house of James Leman, near the theatre, when Shaw
came in. I pointed him out to Daniel Whitehead, and
said to him, that is Nhaw who has been giving
his evidence before the Coroner. Whitehead then said
" Shaw, you have had a hard day's work ; you ought to
be well paid for it." Shaw replied, " I have not been
paid at all, nor do I expect to be." Whitehead said, "
hope you have sworn the truth, and told no lies." Shaw
said in reply, " I have sworn the truth, and told no lies ;
there is no harm in a white lie." This is all I know. It
appeared to ►ue that Shaw was speaking jocularly, and it is
very disagreeable to me to have to gist this t,stirsony.
Mr. Pullen said he felt extremely indignant that his
clerk should have been thus entrapped, as it were, to give
evidence relative to a private conversation.

The Jury said they had nothing to do with it.
The witness stated. that Mr. Cotter insisted on hi. being
called. He alep added that he attached no weight to
Shaw's observation, nor should he have discredited his tes-
timony in consequence of it.
Some warm language took place here, and Mr. Hill said
the young gentleman was placed in a most awkward situa-
tion, not by his own fault, nor by that of his employers,
hut by what he would term the insanity of other persons.
The CORONER, now called on Mr. Pullen to produce the
letter from Bristol.

Two letters were then produced, one from Mr. Mau-
rice to Mr. Evans, requesting that he would ascertain from
the constructors of the iron roof at Bristol whether it
was capable of bearing any heavy weights that might
be attached to it. The other was the reply, stating that
they saw no danger from any dead weight being attached,
provided it was perfectly steady.
Mr. Stedman Whitwell examined.—l live at 147,
Strand, I was employed by Messrs. Carruthers and Mau-
rice to design and superintend the erection of the late
Brunswick theatre ; I proceeded to make such design, and
having received from those gentlemen their approbation of
such designs, I made out written instructions for the several
artificers, and delivered them to those artificers which
Messrs. Carruthers and Maurice decided should perform
the work. The works were began in the beginning of
last August. The walls were ready for the reception of
the roof on the 26th of September. About the second
week in August, the two proprietors, Mr. Barlow, the
agent of Mr. Wellington, Mr. Charles Knight and myself,
went down to Deptford Creek to survey and examine a
large wrought iron roof which had already been put up
over the Gas Works there by Mr. Wellington. After
a very minute enquiry we returned, and on the following
day the proprietors decided that from the many advantages
which a *wrought iron roof presented, and front their con-
viction of its incombustibility' and durability, Mr. Wel-
lington should construct one for the Brunswick Theatre.
I quite coincided with them in the propriety of their de-
cision, and a wrought-iron roof was in consequence put on
the theatre by Mr. Wellington. Soon after we proceeded
with those parts of the interior which came under my
superintendance. The same attention to incombustibility
was preserved as far as possible in all those arrangements.
The theatre was opened on Monday, the 25th. I was
there, and although I had remonstrated repeatedly to the
proprietors as to the impropriety and danger of suspend-
ing some parts of the works, over which I had no control,
to the wrought-iron roof, I left it on the night of the
opening with no apprehension of any accident happening,
without there being ample notice of the approach of such a
failure. I was not at the theatre afterwards until about a
week after the accident, so that I cannot speak as to the
immediate cause which led to it.

By a Juror—l frequently remonstrated against the weight
suspended to the roof, and said there was danger. The
reply was generally that Shaw had ascertained or learned,
from the mukeis of the roof, that there was no danger of
attaching weight to it. I remonstrated seriously, and
to our conversation I can speak most particularly. As
they went on adding weights to the roof, my earnestness
that such an improper use of it should he discontinued
was increased. I called to Shaw's mind the mode
by which he had told me no weight from the stage
department or carpenter's shop should be hung to
the root. He promised, in the early part of it, that it
should be done; but in the latter part he began to fear, he
said, that the proprietors would not let him have his own
way. On the 15th of February 1, for the first time, en a
visit to the ventilating apparatus, saw that nearly the
whole weight of the carpenter's shop was suspended from
the roof. I sent for the proprietors. Mr. Maurice came
first, and I represented to him the alarm I felt at what I
saw. While we were talking Shaw came in sight, and
Mr. Maurice conveyed to him my impression. before he
had done speaking to Shaw, Mr. Carruthers joined us, and
inquired what we were talking of. Mr. Maurice then told
him. Mr. Carruthers turned round to me, in rather an
uncourteous manner, and said, " We know what we
are about, Mr. Whitwell ; we have written to Bristol,
and have got permission to hang as much weight to it as
we like, provided it be a steady weight." I answered,
addressing both of them "If you have such high autho-
rity, I suppose it is quite unnecessary for me to say any
more." Mr. Carruthers then addressed Mr. Maurice, and
enquired if he bad shown me the letter from Bristol? Mr.

Maurice said he had nrt. On this conversation the se- '
parated. 1 have an impression that the proprietors were
influenced by some persons with regard to the iron roof
besides myself or the agent of Mr. Wellington. In my
judgment, the cause which has produced the destruction
of the building was the attaching of large weights to the
tic beams of the wrought-iron roof. Those weights were
both heavy and unsteady.
By Mr. Hill.—The weight of the iron roof was much
less than that of a timber roof would have been. The
roof was strong enough for its legitimate purposes. I ac-
quit the roof contractor of all blatnc in respect of this ac-
cident. I have been studying architecture my whole life,
and I have been in business on my own account about 18
years. I was seven years learning the manual or practical
department. I afterwards both studied and worked under
/11r. Alexander (the surveyor of the Trinity House) during
the time he constructed the London Docks. I was after-
wards in partnership with Mr. Alexander in part of his
engagements. I afterwards studied in Paris with Messrs.
Fontaine Peacia. I have erected several large buildings
during my practice. I erected the chapel in Carr-lane,
Birmingham, the span of which is seven or eight feet
wider than that of the late Brunswick Theatre, with no in-
ternal span whatever. With respect to the Theatre I had
no restrictions as to the thickness of walls or goodness of
workmanship. With respect to the foundations we laid
bare the old ones, and pared away all the injured
parts. This left an irregular line of the old part, but
considering these to have been proved by as heavy a weight
as was likely to be laid on them again, I determined not
to touch them. My object was then to carry up to a
certain height the walls iu such a manner that no more
settlement should take place in the new work than in the
old. Therefore, from about six feet from the floor of the
basement the walls were brought up with sound new
bricks, well wetted, and laid in Parker's Roman cement,
and the whole mass flushed up with cement grouting every
course. Even before this was built upon, some time was
suffered to elapse. lam satisfied that at this moment the
substructure is perfectly sound. No precaution that my
experience and judgment could suggest to enable the walls
t / bear the weight they were meant to sustain was omit.
ted. The proprietors desired me to expend a considerable
sum of money to guard the public from the danger of fire
in the theatre during the performances. I constructed all
the accesses from the street to every part of the theatre in
which the spectators were placed, perfectly fire-proof.
These accesses were so arranged as to be common to each
other, so that upon any alarm of fire, or from any ether
cause, any part of the audience-part of the theatre could
be emptied by the accesses of the other parts. It had also
this advantage, every part of the audience-part of the
theatre could he reached by three other passages besides its
own. The wall was not at all injured as to safety by the
insertion of the cantelevers. I left the theatre on the
Monday evening some time after the performances were
quite over. I went into the carpenter's shop on that even-
ing.
I saw the state of the root; but could not then oh-
serve any indication of failure. lam of opinion that the
roof could not have come down without giving some pre-
vious indications of failure. The rule in good architec-
ture is " stronger than strong enough." We never try a
building within the limits of the weight it is expected to
bear. We never approach the limits of danger, and there-
fore 1 did not consider it a necessary consequence that the
roof cannot come down because they refused to follow my
advice. There was still a wide range for them to move in
before they came to the breaking point—for example, if I
constructed a:truss capable of supporting sixty tons, I should
never lay more than twenty tons upon it. Others might
venture to lay more. On Monday night I had no idea of
any immediate danger, I having been myself about three
quarters of an hour in the carpenter's shop on that even-
ing. My avocations had quite ceased on that night, and I
had very little to do there for seine time previous.
Cross-examined by Mr. Pullen.—Angle-ties were used
to connect the walls of the Theatre. Their dimensions
were about nine inches by seven. In the audience part of
the Theatre, as the works went up, these ties were removed;
some by the building of the spiral staircase; but this did
sot affect in the slightest degree the security of the building.
He was behind the scenes on the night of the opening, and
saw the flats in the second groove on the 0. P. side bent
and fast, instead of being upright and free. He saw
Shaw as soon as he could, and asked him the reason, as
he was aware that in a few minutes the play would begin,
and great embarrassment ensued, if the scenes were not
free. Shaw said he thought the gas-fitter, in putting up
his tubes, had let his plank fall on the grooves. He and
Shaw went up to the flies, but no gas-fitter's plank was
there, and he then said, " Now Shaw, whip over, get on
the groove, and see what's the matter." He did so, and
instantly exclaimed, "Egad, here's one of the iron straps
of the roof dropped on the groove ; but I'll soon adjust
that. We'll get the fall, and soon hoist it up." The
tackle was hoisted up under his (Mr. W.'s) superinten-
dence, and the scenes left free. The circumstance of the
strap falling, he thought, was accidental. The weight laid
upon the ti...-bcata of the roof, had the ~,anc effect on the
tie-beams and rafters, as the weight laid on the string of
a bow would have upon that string and the ends of the
how itself, the tie-beams were derres,:ed, and the feet of
the rafters pulled in till they were clean off the walls, and
the whole roof then fell. That is my opinion.
By the CORONER—To the best of his knowledge, the
roof had not been tried as to its strength.
After this Gentleman's evidence had been read over,
the inquest was adjourned until Friday morning.

SHIPPING INTELLIGENCE•

LIVERPOOL.

LivEnroor., MARCH 11.—High Water, 57 minutes
past 6.—Wind S.W.—Arrived the Comet (steamer),
Phillips, from Dublin, with the mail ; Countess of Lone-
dale (steamer), Marshall, from Whitehaven, with sundries;
Betsey, Tanner, from St. Michael's, with fruit ; City of
Dublin, (steamer), Mulholland, from Dublin, with sun-
dries ; City of Londonderry (steamer), Keay, from Lon-
donderry, with ditto.—Two ships, two brigs, off at a quar-
ter past six.
PRIVATE SIGN...Ls-Messrs. Sandback, Tinne, and Co.,
for the Hector, from Demerara.
Messrs. Cropper, Benson, and Co.'s; supposed to be for
the Atlantic, from New York.

Messrs. Battershy and Co.'s, for the Lady DouglaF, from
Bethke.

CLEARED OUTWARDS-The Vriendschap, Sap, for E►nh-
den ; Lady Douglas, Nooney, for New Orleans ; Matthews,
Graham, for Halifax.

Telegraph Office, Tuesday.
. Wind'at Holyhead this morning West, calm—Nothing
to report.

Passed Point Lynas, homeward bound, No. 49, Hector,
B.S.

Pased Point Lynas, outward bound, No. SO, a.m.
B.B..yestyrday at 10 o'clock.
Passed Point Lynas, homeward bound (put back) No.
61, Clyde, B. S. not quite sure of the number.
Passed Great Orms' Head, outward, No. 256, Alexan-
der, A. S. yesterday, at half-past 5 ; two ships, one brig,
off Great Orms' Head, homeward bound, at 30 minutes
past 10. _ _ _

Two brigs off Point of Air, homeward bound ; have not
shown their numbers.

A ship West •f the floating light, with Messrs. Cropper,
Benson, and Co.'s private signal, for the Atlantic, from
New York.

No. 6 Pilot boat, off Point Lynas 50 min. past 4.
One barque, one brig, off Great Orms' Head, homeward
bound, at 80 min. past 4.

Lord FITZROY SOMERSET transacted busi-
ness yesterday, at the Commander-in-Chief's Office, in the
Horse Guards.

On Thursday night the 6th inst. seven more
sheep were destroyed in the East Marsh Common, at
Grimsby, four having their throats cut, and three being
hamstrung. This species of crime does not appear to be
abandoned, and has only become less frequent from the
additional risks which the perpetrators have to run, and
the removal of a great part of the stock to distant pastures.
—Boston Gazette.

COMBINATION-ATROCIOUS ASSAULT.=
About ten o'clock, on Monday evening last, a party of from
twelve to fifteen men went to Burley coal engine (about
half a mile west from the village of Tranent,) where four
men were employed in repairing the boiler, and enquired
if any Englishmen were there. On discovering that there
was one, named DUN, some of the strangers pushed his
three companions into the engine-house, while others at-
tacked DUN, who leapt from the boiler, and endeavoured
to escape, but his pursuers, by throwing sticks at his legs,
tripped and brought him down, when they struck him
most severely. DUN, being stout and active, shook off his
assailants, and again ran off; but he was brought down a
second time by sticks, and beaten more unmercifully than
before. Several of the ruffians then got their knees on his
breast, and with horrible oaths called out " a lug, a lug,"
when one of them with a clasp knife cut off a considerable
part of the left ear, and held it up as a trophy. During
the confusion which followed, DUN made his escape, and
for a short time concealed himself in a planting adjoining,
and afterwards found refuge in a cottage at Birsley farm,
until next morning. The most indefatigable exertions are
now. making to discover the perpetrators of this shocking
ontrage.....Caledonian Mercury.