The Sun.
London, England, 1828-03-18 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY—lnfutcsi 17.
SWEET V. ARCIIROLD Ali 1) OTITERS.
The injunction in this case, which we. gave in past of
our Paper of yesterday, was refused with .Costs.

VICE ,CHANCELLOR'S COURT.-111 lien 17,
STEWARD V. MEUX AND CP.

At. the rising' of 'the Court to-day, itlr. SARI DE X re-
.minded his Honour that some short time since he had
granted an injunction to restrain the defeaants from sell-
inga certain .public-house, upon-the -plaintiff then under -
taking to pay into Court the sum" of '2,400/. within
a liMited time. The present application, was, that the time
for paying it in might be extended to six:months. At first
view such an. application might excite surprise,hut when his
Hollow; should be informed that the public-house in ques-
tion was situated exactly opposite to the Ihunswick Theatre,
r.rhaps it would appear to the Court that.the plaintiff had
a just claim on its; indulgence. The affidavit in support of
the application stated that the plaintiff was the owner of
the Hoyal,Standull public-house, on which the defendants
had a mortgage for 2,4001., and.that the house was greatly
injured by, the falling of the theatre. Slave that unfortu-
.nate accident his trade was- completely destroyed, as all
communication with Wells-street was cut off by a wooden
barrier. placed at the head of the street. Shortly before
the recent calamity, the, public-house was considered, from
its proximity to the theatre, to be so vahiable, that the
plaintiff was offered 3,000/. for it, exclusive of what was
doe to the defeadantsupon their mortgage. When the de-
fendants gave notice of
_their intention to enforce the pay..
went of their
__mortgage by selling the house, the plain-.
tiff applied .to the Messrs Whitbread and Co. for
a loan, and these gentlemen, after . procuring their
supervisor to examine the premises, declared themselves
ready to.advancethe required amount. After obtaining
the injunction from his Honour, the plaintiff had exerted
himself in:every way to carry the order into effect, and on
the very nrorning of the fall of the theatre, was actually
on his %, ay to his solicitor for the purpose of giving him
the necessary instructions; in consequence of this partial
destrucAion of the public-house, the ille.ssrs. Whitbread re-
fused to advance any money, and the plaintiff was therefore
unable to comply with the order of the Court. All the
money the
,poor man possessed was -2001. That small
sum.he„was ready ,to .pay. into Co.irt as die price of its
indulgence.
Mr. WAKEFIELD wr,s on 'the same side, but felt it unne-
cessary- to add any thing- to • what had been stated by his
,Learned Friend. •

Mr. 1-10a,NE, for, the defendant, slid that the defendants
had a right.to sell the house under the mortgage, and
nothing had occurred to entitle the Plaintiff to resist that
right.
-.Mr. BLA CKHURNE followed on the same side.

The `ICE-.C.patiCELLOR sat there to administer justice,
not mercy ; and. however painful it might be to his feelings,
.he did not think that he ought to grant the indulgence
asked for by the plaiutiff. It was certainly a hard ca*
but,the Court had no discretion...

DESTRUCTION of the NEW BRUNSWIC
THEATRP, WELLCLOSE-SQUARE.

CORONER'S ADJOURNED INQUEST, Mkurii l
(Continued firm our Paper of yesterday.)

By Mr. you understand from Mr. Barlow,
thtit he had assented to the hanging of five or ten tons to
the roof ?—Witness : I gathered from what he said, that
it Would do no harm, if properly, dispersed.
The CORONER here informed the Jury, that he 1141.,
written to the Surveyoneneral on. the subject, and had
received a letter in reply, as follows
"Office of Works; I.3th .March, IS2S.
"Sir-I have to acknowledge.the receipt of your letter,
dated yesterday, with
,inclosure, and beg, in answer, to
inforni You, that Mr. Lewis WYatt, with a sufficient
number of workmen", will proceed on 'Monday morning
next to take down such parts of the remaining walls* the
late theatre in Wells-street, as you have pointed out, for
the purpose of.giving his. opinion as to ;the quality of the
materials and ;vorkinanship which has been used- in the
same.' (Signed) "B. C. STEPHENSON.
"Maurice ,Thomas, Esti." &c.

The Cottosip, seeing a gentleman present, who was in
the theatre at the. time of the accident, and who of course
was competent to sneak to that point,
Mr. George Richardson was examined.--The first in.
dication I had was the clatter of the slates against the iron
work of the roof—it was gradual at first, but rapidly in,
creased to something like a peal of thunder, which was the
fall of the roof—the front wall gave way at thesame time,
and the day-light was instantaneously let in on the vision, 4
By a Juror.-1 lad you any fears as to. the- safety of the
building ?—We, -as workmen, had our fears, That we did
not think we were authorised to say any thing about it.
James Silvester.—l am a smith, residing in Marchmont-
street, Burton Crescent, my business at the theatre waF td
fix the hot-stoves and ventilating -stoves. I was at the top
of the roof about half-past four o'clock on the day before
the accident wide, a person,named Spencer, a bricklayer ;
at that time three of the struts of the roof were drawn out
of their proper situation; the other parts of the roof ap-
peared perfect ; I went again on the morning of the acci-
dent, about half-past ten. I there saw Spencer ;we went
towards the roof; in the entrance,rocm, at the top of the
stairs, on the prompt side, , we met Atkins, who told us
something very alarming • had taken place on the, roof,
and desired us, to go away ; front ten to twelve car-
penters were making from the top of the stairs; they
were all in greet agitation ; they appeared to me to be
prevented by Spencer, who desired them not to make an.
"alarmln the libuse. Atkins- and I ran down stairs very
quickly, passing over the stage, and out at the stage en-
' trance. As none of the men followed us, we thought .it
was a false alarm ; however, I walked:up sharply to . the
north wall of the theatre, and kept ow attention to the
front for a few minutes longer. Atkins left me, and
Went into the yard. In a few moments afterwards I heard
a crack, which I thought came from the roof; very soon
after there were three' distinct claps. The front pilasters
.of the building appeared to swell out, and directly the north
'and south walls broke. The first alarm its the streets
Wei the cracking of the windows over, the stage entrance.
Tl south wall went first, then the north, then the front,
and, finally, it came down in one mass, leaving a sloping
aitaelted to the north wall.
Mr. L. W. Wyatt, Clerk of the Works to his Majesty,
deposed, that he had with others carefully examined the
remaining wall of the theatre, and found the whole of the
materials proper and good.
Edward Atkins, bricklayer, on the morning of the ac-
cident had a scaffold just made on the iron tees to inspect
thq roof, when (said he) I heard a loud crash. I jumped
oft the scaffold, and with the carpenters ran to the wind-
ing staircase. A carpenter said, ."1 don't think it is safe;"
I answered, " I think the roof is falling, and I will not
star}", I then ran down into the street, and had just exa-
mined the front, which appeared safe, when the cracking
of windows at the south end drew my attention, and in
less than a minute the roof fell with a tremendous crash,
and the front wall fell into the street. I assisted in getting
out the, persons who had been buried in the ruins.
David Wales and J. West, carpenters, gave similar tes-
timony ; after which Mr. Pullen was asked if he intended
to call Mr. Carruthers?
"'Mr. Pnlleo said that gentleman was considerably, worse
now than on Friday last, and could not at, present attend..
The Inquiry was then adjourned until next Thursday.,