Star.
London, England, 1826-05-18 00:00:00

NAVAL INTELLIGtNCE.

•
'the brig Medusa, Captain Ashen, of Jersey, while en the pas
sage from' La Guayra to this port, lost a portion of her spars and
sails jn a thtinder.martn, in lat. SS SS. long. SS. 1111. during which
th.'electric fluid destroyed the magnetic power dale compasses=
boird, two of which wets on deck, and two in the cabin. Mr. C.
join, optician, has caulked the compasses, and Inds they have
'endrely lost their attractive powers.—Lieerpeol.dliien.
'On the 15th of last month, the English brig Livonia was wrecked
on the coast of Scania.
Arrived off Hastings, the Water Lily, Balms, front Jamaica;
and the Royalist, COATI, from the coast of Japan.
Off the Wight, the Juno, Somas' from Alicant.
FALMOUTH, MAT 16.—Wind N.—Arrived the Lord Dupplin,
Rows. ftom Bristol, and sailed again for London, with the Amos
Palmer, —, for AntWerp.
Poarawourn, Mar 17.—Wind W.—Passed by for London' the
from Dominica; Mersey, Bammar, from Bar-
badoes, in 70 days; and Margaret, Snarson, from the westward.
Arrived tie Fuishury transport, from the Downs for Halifax.
Cowas, Mar 17.—Arrived the Rose, TEFLON), from Havannab.
Ills Majesty's ship Dwarstourit arrived at Havannah on the tfith
of March.
Dem., MAY 17.—Wind S.E. fine weather.— Arrived and sailed
for the River, the Hon. Company's ships Vansittart, Atlas, and
Scalehy Castle, from China ' • Mellish, from Madras • Catherina
Green. •••--, and Elizabeth, GRIUTION, from Sierra Leone ; Lady
Douglas, —, from Teneriffe ; John and Mary, Mg LEA, from
Charente • Ruth, MUNRO, from Jamaica ; Eleanor, %dour, from
Liverpool; 13ritannla, TRARIA, /rem Teignmeuth; and Ariadne,
from Oporto for Hull. Passed through from the River,l
the Boyne, Misuis for Bombay ; Prince Regent, Hoists*, for
Whitby. SMART, for Quebec; Colombo, Aamozaeo, for
Genoa ; and the Recovery, CnArwan, for Bombay. Also, and re-
main, the Marquis of Huntley, Ammon, with convicts for New
South Wales.
Lnicaroor., Max 16.—Wind N.—Arrived the Helicon. BAS-
yaws,. front Wihnington ; Hibernia, rums., from Savannah; and
Hope, Flummox, from Sierra Leone.
CUSTOM HOUSE. MAY 17.
Snare Eximani InwAsuss—The Prince Frederick, front Ratter-
darn; Vrisir Headrina, from Antwerp ; and Waterloo Packet,
from Cork.
Essen's:is Ourwatios--The Albion. for St. Lucia; Vesta, for
Cadis ; Hares, for Teneriffe; Aurora, for New Orleans ; Canning,
for Marseilles; Malcolm for Calcutta; Active, for Dunkirk ;
j Florentinaor Bengal ; Prince of Saxe Coburg and Thames, for
Rotterdam ; Harriet, for Jamaica ; Tre Venner, for Eisineur ;
Atalanta fat Eishaeur ; and Ann Amelia, for Chini.

THE NEW CUSTOM HOUSE.

COURT OF EXCHEQUER, V MAT 17.
THE KING W. HENRY PET°.
The first day's proceedings in this important case,
we gave in the STAR of yesterday; the following was
the evidence adduced for the defence on the second day :
Mr. John Cook called, and examined by Mr. Cost-
NON SERGLANT..--I was in the employ of Mr. Peto in
1813, and for years before that. I was his general
fotenian at the first part of the building of the Custom
House. 1 have bten forty years employed in work of
that description. Mr. James Day was clerk of the
works in the year 1813, acting under the orders of Mr.
Laing, the architect. I received orders from Mr. Day
with regard to getting the level of the old vaults. He
told me to take the level, to ascertain the depth of the
old vaults, below the kirb stone in Thames-street. I
took an account so far as levelling and those things.
After clearing away the rubbish we began to dig for
our footings under the direction of Mr. D.y ; 4 feet
6 was the depth we were to go; below that level we
found a great number of old walls; some were of brick
and stone, and some constructed with oak and chalk.
When they resisted the piles we aprlied to Mr. Day.
I heard Mr. Pete sevetal times speak to Mr. Day about
the diicovery of old walls; he had heard him say it was
betterty:„take them all away and place York landings.
Mr. Vat litid he would take away the walls wane he
thouthi:fit ; he gave 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.—These was no
beech theft driven, and the work waited until they were
supplied. I saw the beech timber supplied; it was of a
very goad quality, and was driven under the directions
of Mr. Day. I heard Mr. Peto name to Mr. Day, whew
the ptle-chiving began there, he wished he would appoint
same person to see to the pile-driving. as he (Mr. Peto)
could not attencrto it. A person named Mullins was ago■
poiated by Mr. Day; he thought he came about two days
after the beginning of the pile-driving. The pile-driving
for the Long Room commenced about 3 months after.
Mr. Day gave Mullins orders to see that the monkey
struck thepile.head a certain number of times. In the first
instance, we cut of with an axe the projections on the
piles, and did so for several days; we were afterwards
ordered not to hew off the knots, but to preserve the bark,
and only to sharpen the end where the shoe was to go
on. It was a very laborious operation, and the worts
were suspended for seven weeks. I did not perceive at
the time that the oaken timber was injured; but it was
not used, in consequence of the objection of Mr. Day,
and new timber was then brought. There were from
120 to 130 loads of the timber not used. Mr. Day
was at the works every day, and Mr. Mullins attended
to the driving of the piles. The plankin; commenced
almost directly, and followed the piling in each place.
Mr. Pete objected to the mode of planking directed by
Mr. Day, if the timber should give way, it would make
a gnat cavity. Mr. Day persisted in his order, I went
down to Morden, in Surrey, to select two lots of tim-
ber; it was the most excellent I ever saw; that was in
August; 1813, and in February, 1814, the timber de-
served the same character. Mr. Pete said to Mr. Day,
that where the columns were te stand at the west wing.
the weight would be so heavy, that he wished to have
oak pqes, to which Mr. Day objected, but said he would
consider about it, and in the course of three days there
vases order to drive oak piles. It was at the 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 net strictly complied with. I was employed by
the Commissioners 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 water-tight.
Crese-examined by Mr. Amaver-Gant..—Many a the
piles were ereeited. Nees were as *beet as six feet what pet ma-
tier the eagiae.
George Leyburne examined by Mr. SCARLET?. -I
was there at the beginning of driving the piles ; Mr.
Day was the clerk of the works; when the monkey res,
coils from the head of the pile, they call it bottomed;
he went to Mr. Day to come and see that the piles fast
driven were bottomed ; he said be could not come.—
Mr. Peto came in, and said to Mr. Day, that he should
not be satisfied unless he saw all the piles bott imed ;
Mr. Day said he could not attend to them all--when
Mr. Peto said that a person should be app in ed for
that purpose, and Mr. Day appointed Mullins tor that
Purpose, who was always there. He went to the heap
of piles, and cut them to the length that Mr. Day or-
de: ed. They were then shod. When Mr. Day could
not get dowrtahe pile as far as he wished, he hill it*
off, and sometimes bail another drigen by it—be ordered

'some of the short piles to be cut off, so as to range 1
with the sleepers ; sometimes the piles took neither
the planks nor the sleepers. .All the piles, without
any exception, were chosen by Day. When I thought
them too small for the heavy part of the building,
I threw them 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 Customhouse,
and it will decal sooner than any other wood if not
kept under water. I mentioned this to Mr. Day at the
early part of the work; he said it was wood chosen by
Mr. Rennie. He had seen the ground underneath; in
his opinion it was not fit for piles to be driven into.—
After the first floor of the building was up, the groin
of one i.f the arches gave way; I advised Mr. Day to
clear the foundation all away, and support the column
upon an inverted arch. Mr. Day said it would do very
well as it was. When they first began the piling. the
tide flowed in every tide. If beech is under water, it
will last longer. There were old drains under the
foundation. I know where the wharf wall is built; I
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 was green, it had not long been cut. It is
Allowed to be best green. I never heard that it was
better for the bark being on. When the piles were all
driven, Mr. Laing gave Mullins a pound to get some-
thing to drink. He did not recollect one order of Mr.
Day's being disobeyed.
Mr. Seaman: said, as it was admitted upon the record that Mr.
Pete had given his opinion that piling was an improper mode, he
need not prove it.
By a Juryman.—He meant that the wharf wall prevented the
flowing of the tide; if that had not been there, the foundation would
have been alternately wet and dry. He did not think that the piles
would have been so constantly under water as to preserve the
beech-wood.

Several other witnesses were then examined, who deposed to the
same effect.

The Arroamn
touched upon all the evidence that had been produced, and claimed
a verdict for the Crown upon the whole of the issues, which were
eleven in number.

' The Cruse BARON 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 was of opinion that there was net the slightest
dente of collusion between Mr. Pew 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 ; thry would satisfy their
minds, and return a verdict accordingly.
At 25 minutes before seven o'clock the Jory retired,
and at ten o'clock returned the following •erdicts on
each issue, eleven in number :

ist. That there was a bed of hard gravel, and into which the
piles could have been driven • upon which they returned t verdict
for the Crown, but expressed their opinion thatAhe piles would have
hews forced into it but for the interference of the Serveyor, or the
Clerk of the Works.
641 June was, that Mr. Laing was appointed surveyor of build-
ings, but not for the Custom House. Upon this, the Jury found
that he was authorised by the Commissioners to superietend the
building of the Custom House.
That Mr. Laing, or the clerk of the works, had no power to
live directions respecting the piling, kc.—The Jury found that
Mr. Laing bad sucli molsorim.
4th. That the de ant did not pile according to the directions
of Mr. Laing.—The Jeri nairtied, that he did pile according to
Mr. I,alnes desire. ,
sth Was sowstwhatileiia has the last, upon which the Jury
.Ibund for the defesdase.„
St& That Dui*, Ii 04//eg nor Mr. Day had authority te give
directions tollll up the sioodirele of the arches, or to select wood
for thereof of the Costons-holieer—The Jury found that they had.

• 7th. Whether thniewaaeny collision-between Mr. Ling an( Mr.. 4
Peto..-Tke Jury fogad that there was neither fraud nor collusion.
sib. That neither Mr. Line nor Mr. Day had authority to -give'
orders to deviate hint tile original plan with respect to the spandrels
of the arches--The Jury found that they had. •
9th. That the wort was net dons according to drawings furnished
dozing the progress of the work. .The Jury found that it was.
10th. That in aU the work, the orders given to deviate in. the
plans and designs were sot well perfermed.-.The Jury retuned
that they were. • .
11th. That the -weeks were not done to the approbadest of Mr.
Laing.—. The Jury firmed that. they were. • • • • .

COURT OP ZINO'S ERNCH, tv
iroabz v. isuenza. '• •
This was an action bringhi by 4 boot and shoe-
maker, residing in Field-lane, Holborn, against the de-
fendant, a constable of St. Andrew's, for assault and
false imprisonment.
The plaintiff is separateol from his 'wife, and allows
her 7s. 6d, a week for her maintenance. On the even-
ing of the 26th of November, 1824, the wife, having in
a state of intoxication, created a disturbance at the
plaintiff's house, the latter had her conveyed to the-
watcb.house, wishing that she should be detained there
only until his shop should be shut. The defendant re.
fused to comply with his desire, on the ground that the
plaintiff was net separated from his wife by deed, and
that he was therefore bound to take her home; and, on
the plaintiff demurring against this decision, the- de-
fendant locked him up; but, in a few minutes after-
wards, opened the door, and laying hold of the plaintiff,
pushed him out of the watch-house.
The evidence was net considered by the Loss Cater Josses
aolleient to substantiate the charge of false impriamunent. bet the
Jury found a verdict is faros: of the plaintiff for the assault.—
Damages One Shilling. .

COURT OF COMMON !MAI, MAY 17.