Star.
London, England, 1828-03-01 00:00:00

r Wolin which took place. Ile did not, however, mean to object to
the mode now proposed. The subjects for inquiry proposed by his
Hon. and Learned Friehd were most extensive, and it reqUired all
his ability to compress them within a speech of eves six hours. The
Learned Gentleman could not admit the expediency of the propo-
sition to his learned Friend, namely, that a pinintiff or defendant
might be exempted as witnesses in their own causes. It would
lead to perjury and the worst consequences. He was not, how.
ever, disposed to throw any obstacles in the way of the proposition
before the House. The subject had occupied his attention some
years since. In 1812 he was assisted in his intention to revue
and correct the law by Mr. Justice Le Blanc, one of the greatest
Judges ever known in England. In case he had remained Attorendney-
General he should have brought forward a measure to am the
lase in several instances. The defects of the law with respect to
debtor and creditor bad long occupied his attention. His object
had been to prevent delay, and unnecessary imprisonment. One
of his propositions was. to allow a debtor when served with process
to gn before Commissioners, and consent that his bail should ren-
der him unleu he paid the debt in three months. The
tail Honourable
and Learned Gentleman did not wish to go into des on that
occasion. He was not dispnsed to oppose the motion of h
Learned Friend ; en the contrary, he was pleased to find the subject
bad been so ably introduced.
Mr. BERNAL applied his observations to what he
considered an anomaly in the laws. The transfer of real property,
and the Stamp Law, operated in the most oppressive manner. The
Hun. Mender expressed a wish to know whether the inquiry was
to be limited or excessive.
Mr. Secreta:y PEEL said his intention was to make
the Commission extensive. The Commissioners would enter into
the particular subjects the Hon. and Learned Member had named.
The transfer of real property and the law relating to stamps would
occupy the attention of the Committee, but much would depend on
the manner in which the Commissioners conducted the inquiry.
Mr. A. DAWSON objected to the present forms of
pleading, which confined property in the bands of trustees. The
tamous case of Thellusson's will, had proved to what extent the
evil of conveyancing might go. Ile thought the House would not
go far enough in their instructions to the Commission, unless they
made real property conveyancing the subject of minute investiga-
tion, with a view of making it more liable to alienation.
Dr. PHILLIMORE stated that grievances had arisen
from the practice of the Ecclesiastical Courts in certain cases. He
suggested that one of the Judges of the Keelesiastieat Courts might
be added to the Commissioners, with advantage to the public.
Mr.o ARTER pointed oot defects in the conveyance
and settlement of property, which required amendment.
Mr. BROUGHAM rose to reply. He thought
Special Pleading should be brought back to simplicity. The mul-
tiplicity of counts and pleas, producing prolixity, Was made neces-
sary, in consequence of the practice of the Courts to nonsuit fur
variance. Alm that practice of the Courts (said Mr. Brougham)
and prolixity in pleading will be unnecessary. lie begged leave to
apologize for the rage he had appeared to feel in bringing forward
thisseubject. It required a tong address to the House, in order to
bring 29 heads of the legal practice under consideration. The subject,
if once introduced, required a ions statment to render it intelligible.
There was no subject the people in this country had more at heart
thin a temperate reform of the law by those who understood the
subject. They desired to see cheap and speedy justice from the law.
lie sincerely believed the people were disposed for a reform in the
law. They desired a retrenchment of millions iu the public repro-
ditere, but if they could not have that, they expected a temperate
revision of thelaws under which they live. lie had brought for-
ward cases in which he had been personally engaged, rather than
ancient ones, because he wished to urge the argument of a practical
lawyer. He considered himself a practical lawyer. Ile knew he
was right about existing abuses. As to the remedies, ot hers were as
able to judge of the efficacy as himself, but in every case of abuse he
had suggested a remedy. A general censure had been bestowed, but
there had been no direct impeachment of any one of his reme-
dies. His Honourable and Learned Friend who had lately en.
tered the House had done bins the honour to comment on his
speech, but upon the subject of defects and errors in pleading,'
1w might ask, why not give suitors printed forms, in the way
legal documents were provided for. ignorant Magistrates. By
such ferintski the parties would be enabled to proceed regu-
larlary and avoid expense. He had not beard from any one of
his Learned Friends a tittle of objection to his law. Advert.
ing to the administration of Criminal Justice, he (Me. Broug-
ham) contended that it was an absurdity to make private per-
sons prosecutors. The King was nominally and legally the pro-
secutor. yet there were two prosecutors, and the private prosecu-
tor did not stand on the same footing as the Crown. His
Learned Friend bad expressed sonic doubt whether Trial by Jury
would succeed iii the East Indies. He had proved that his Learned
Friend's doubts were not well founded. lie bed a letter from a
Learned Person who was Chief Justice in Ceylon. That Learned
Pelson bad stated in a charge to the Grand Jury, that during two
years no instance of turbulence or insurrection bad occurred in the
Maritime Districts. and the circumstance was owing to the happy
system of British Government. especially the trial by Jury. It,
further appeared, from a citation which the Learned Judge made'
from the charge of another Judge, that the Jury system in parts of '
India was in great favour. It was not so new in India as some,
people imagined. They had an ancient practice of deciding die.
putts by five men. He respected the voluntary zeal of officers un-
paid, who acted on behalf sat the Government. But the system on
which the Magistrates were appointed was deservedly objectionable.
The reports of what he stated must of necessity be imperfect, and
he would take care to correct them. But if Magistrates were to be
appointed by the Lord Lieutenants of Counties, with all their biasses,
there evidently must be an imperfect mode of appointment. The
greaser the liability to abuse, the more necessary, was the cau-
tion in their appointment. The Judges of the land were liable
in their own persons for their decisions; not so the inferior Judges.
The !Omer were not ignorant, they were selected for their skill
and Fortier of judgiug, and yet they were liable to personal re-
sponsibility. But did he say that the unpaid Magistracy stood
in the same relators to the administration of public justice? By
no means. The Justices at Sessions were not always the um*,
and of course not equally responsible with those whom be bad jest
n.nsed. It was said that the Magistrates did not like the trouble
of licensing ;then be said, throw it overboard, and please at once
the Megistretes and the public, and rid them of the trouble—
(lleac, hear). He did not mean to attack brewers or Magistrate
—the Magistrate's did not like the price, nor the breviers the tax;
—be it so—he meant no application to either. iftut abuses did exist
in each ease, and he was storey that the union of Magistrates and
brewers made a very nauseous compound w hen ntiaed together.
thrice be delivered his speech a few nights ago, be received
many letters—some front Justices and wine from brewers.—
These letters he must beg leave to say were not answered. Not
having a secretary, he really could not dower them all, although
they contained many valuable hints and a great dryer of infor-
mation. All, however, joined in the necessity for re •rm in that
particular branch of the discussion connected with Licensing Ma-
gistrates. He now came to the more immediate object which
required consideration. He meant not to touch the Criminal
Law. neither did he the Commercial Law; although it was quite
evident that both required great alteration. With respect to
the Court of Chancery, it was quite clear that improve:milt was
necessary. The cases of trusts could be as easily settled in
uoures of Law as well as in the Court of Chancery; and why
nut improve the State of the law in ail those respects/ If the
Courts of Law were perfectly reforMed, much of the business of
Equity would be unnecessary. lie thanked the House, as be bad
before done, for their patient attention, and concluded by enowieg—
That an humble Address be presented to his Majesty, respect-
fully
requeolng his Majesty to rake such measures as may conduce
to the inqt*y into serious at Cumntou Law, and the transfer of
✓at properly."
With leave of the House, the original motion was withdraw.,
and that of Mr. BROCOHAM was carried.
On the mollies of Lord reesezateren, the Mutiny Bill was read a
first ;fete, and ordered to be read a second time on Monday next.
The Iluese than Adjourned at One o'Cuice.

PRICE &POCKS
Bank Stock
5 per Cent. Red. $4l
sperk't. Coll*. 1131
74 per Cent.
5 per Cent. Red. 994
4 per Ct. New 1604
4 per Cent. Scrip
4 1.4;r Cruz. 1826,102 i
Luug Atm.ll4
FORRIGN FUNDL
Brazilian Bile. 5p Ct.
De. Acct. 62i
WOWS Ayrt iki+. 6p C. 3.5$
• ianto.lateu 1440, 6 pet et.
1)a.1i0nd5,18'.4,•.:5/
Act 551 G
Greek Bonds, 5 p Ct.
130. Ms. I atas. S p Ct. 16
31ca lids. 5 p Ct. 254 6
BRITISH AND FOREIGN
"Al

Brazilba
Colon.biaii
Ifibernima
Mexican
baited Dlesicalt

AT FOUR O'CLOCK.
India Stock
Ditto Bonds S 7 86
South Sea Stock
01t1 Anouities
tioco Escheq. Bills 56 58
£51,0 Ditto 56 5a
XlOO and ,E2OO Ditto 56 58
li,dia for Acct.
ConNoir for Acct. 83; 1 1 1
. TWO tYCLOCK.
Mex. 1id5,1825, 6p C: 341
Do. Ace.s4l
Per nr. Uds. 6 p C.
IJo Acct. 241
Portug. lids. 5 p C. 70 }
Russ. lids. 19v4, 5 per Cc. ice;
Do. Acct. 90 ex die
Spanish lids 5p Cr 101
Span. Bds. 1823. 5 p. C. 7/ I
SHARE, .TWO O'CLOCK.

W. PA I& •
35 so
the e. 24
.505 8
40

00 70
176

•
DREADFUL CALAMITY
AT TILE NEW BRUNSWICK THEATRE.

We gave in our impression of yesterday all the au-
thentic particulars of this dreadful event wnloriccehedhatdo
occurred up to the latest hour. %e now
lay before our readers such additional ndOrmation as
reibeenable to obtaii.i. happears that the greater
wera iree t
s, the t have
house fell while Mr. Farrell was in the pro-
box and a beam passed over and saved him
from being crushed to death.
The following Letter from Mr. Fearon confirms
many interesting particulars connected with his moat
fortunate escape from destruction.
41 I was sitting, says Mr. Fearon, on the outside of
Mr. Maurice's box (which is on a level with the stage),
speaking to hint concerning the entertainnents for Mon•
day next (this was about 20 minutes past 11.) The per-
formers standing on the stage to begin the Opera of
Guy Mannering—a crash directed my attention to the
roof of the building, and I saw the lustre falling. Mr.
Maurice rushed to the centre—l clung to the pillar of the
proscenium. A minute did not elapse when the whole fell,
not by pieces, but en wane, and entirely swept all be-
fore it, boxes, scenes, stage, and actors. A cloud of
dust for a second obscuted my view; bin, when
perception returned, 1 found that the opposite pillar,
arid that part of the box to which I clung, alone
Ilremained ; the rest of the edifice was a mingled mass
of iron, timber, and bricks. I now distinguished
that Miss Yates, by some extraordinary preservation,
was making her way towards me, covered with blood,
streaming from her head, and imploring me to save
her. I dragged her over the box, where we re
mained completely blocked in for near half an hour.
At the expiration of that period, I distinguished three,
or four carpenters wading through the rubbish to gain
the street, for the front wall having fallen, a passage-1
a fearful one 'tis true—was left, by clambering over
the ruins. Upon inquiry, I was told that our present
security was very frail, and that I should endeavour to
escape. I did so, and alter some diffictilty contrived to
get her over the ruins, in doing which, I need not de-
scribe my horror at finding one-Of the resting places for
my foot was the face of an unfortunate sufferer, of the
name of Gilbert. However, as if by miracle, I did
escape, and. as far as my inquiries lead, the only person
entirely unhurt who did so. I then went to apprise my
friends of my safety."
At six o'clock this morning the workmen began to
clear away the rubbish from the orchestra and dressing
rooms, which, it is supposed, they will accomplish bys
ten or eleven o'clock. The greatest caution is obliged
to be used in this work, as the ruins lay in a slanting
direction from the floor of the theatre to the top of
the gallery, and fears ate entertained that when the
h-ap begins to move it will bring with it the northern
wall, which is in a falling condition: men have been
ordered to mount this wall, and gradually to remove
the top of it. On the other side of the theatre the wall
it is feared may ball. Scaffoldings are ereetiug to prop
the wall, and this, it is to be hoped, will prevent any
further accident.
At eight o'clock this morning an highly respectable
Jury, selected from the most intelligent and affluent
inhabitants of the precinct of the Tower of London,
assembled at the Court House, Wellclose.square, to in-
quire into the circumstances attendant on the deaths of
'the unfortunate sufferers who were buried in the ruins
of the Brunswick Theatre, on Thursday last. 'I he fol-
lowing are the names, as read over by-the Coroner's
Clerk:—Mr. David Sampson Muurice, David Gilbert,
Jesse Miles,George Penfold, William Leader, or Reader,
John Evans, Miss Mary Ann Fearon, Miss Freeman,
George Purdy, Davidson, and Moses Levi.
The Court, long before this early hour, was consi-
derably crowded, by both the friends and acquaintances
of the deceased, and persons anxious to hear the pro-
ceedings, which, during theinvestigation, was conducted
in the most solemn and orderly manner. Before the'
empannelling or swearing in of the Jury, the Coroner,
THOMAS, Esq. addressed them in nearly the fol-
lowing words :
" Gentlemen, before you proceed further, I beg to
suggest, prior to being sworn, that if any of you have,
any interest or feeling on this unfortunate subject to be
committed to your consideration, that whosoever among'
you is now placed, will, in justice to himself, and in
justice to'tbe country, retire from the box."—None of
them, however, withdrew, and after they were sworn
on each individual case, the Coroner charged them as
follows :—" Gentlemen of the Inquest of the King's
jurisdiction within the Precincts et the Tower of Lon-
don, I have col:ected, from the regularity and respect.
ability of your appearance, that you participate in the
general sympathy for those unfortunate persons who'
have perished, which is publicly manifested : you have
a great—a solemn duty is cast upon you, a duty to your
King and to your courtry—one which the tights of
your country demand of. you to perform at the
call of the administration of the law,—Gentlemen,
knowing, as I do, your great respectability and
intelligence of mind, it is needless for me to im-
plore you to dismiss from your minds upon this sub-
ject about which you are going to administer the law,
every rumour, conversation, or remark, which malice,
• nvy, or interest, may have caused to he promulgated
atout this Most melancholy occurrence. You will dis•
pel all, and every thing you may have heard, and con-
fine yourselves to that particular inquiry which you are
called oa to perform. Gentlemen, a mote extensive
devastation of human life has not, for a great many
years, taken place; but when we contemplate it, we
ought to be grateful to Providence that it was not one
hundred times increased, as, had it pleased the An-
bIiGIITY BEING that it should have occurred a few hours
later, we a oulcl now have had to inquire into;the deaths
of 3.500 of his Maje ti's subjects, who must have lost
ther lives on the occasion. Gentlemen, 1 shall carefully
avoid doing more than pointing your attention so those
unfortunate persons whose remains you shall inspect.
And 1, should only ask (I say it for the sake of public
justice), that your minds will be only regulated by a
desire of calmly arriving at the truth. You will exempt
yourselves from arty observation that has passed in any
way attending this melancholy occasion, which has
caused such a number of deaths. I trust you will so-
lemnly, soberly, and dispassionately, endeavour to ar-
rive at that truth. Having thus pointed out to you the
object of ycur being called here, I shall allude to one
more circumstance. I think I should be wanting in a
proper consideration of those who, in my opinion, have
protected the peace, the lives; and properties of the in-
habitants of this precinct—l mean the prompt attention
paid to a communication made to Colonel Arbuthnot,
and his sending a detachment of his regiment to the
asssistance of the local and civil powers, who, though'
indefatigable in their exertions, were, on the present
'occasion, quite unable to keep regularity without such.
an able auxiliary; and lor my own part, filling the si-
tuation I do, I teel personally indebted to that gentle-.
man, and I think the inhabitants owe him a debt of
gratitude, as, in all probability, had the populace been,
irk to their own natural impulse, they would have,
oiled in among the ruins before they were yet levelled,

and a greater sacrifice of life been the consequence.
—The exertions of l-cal Police Magistracy have been
also deserving of the highest commendations, and have
tended in a great measure w check those depredations
on persons and property which no event, no matter
how calamit sus, can prevent." The Learned Officer
then proceeded to describe the agitation which this
calamity has produced in the public mind, and the
order he considered most proper for them to pursue :
he considered that, in mercy to the feelings of the re-
latives, the first course for them to adopt was to Kt
the bodies to prevent their being any longer exposed
to view, and that they might, with as little delay as
possible, be delivered up to t'leir friends for interment.
The formation of this Court was one of the wisest in-
stitutions of our ancestors, and one of its regulations
for the public good was, that they should inquire into
the death of any human being. This inquiry would
lead those to the spot v.-bete this calamity oc
curred ; therefcre he would propose that the Jury
alone should, not only see the remains of the deceased
pers'ins, but also the ruins; and in order to prevent
any public spectacle, he would recommend that no,
other person than a single witness should be allowed
into the room whe!- e the bodies lay, to satisfy them, the
Jury, as to their identity. He abstained from giving
any opinion as to the cause which produced so awful a
calamity, but he was well assured that they would per-
form their duty nccording to their oaths, without tear,
favour, malice, or affection. It would be merely his
duty to explain the law on the subject—theirs to give
the verdict, and that could be only founded on the evi•
denee produced. He would take care to order all per-
s-ns Who could give evidence, as to the causes which
led to those melancholy deaths which they all com-
monly deplored. It would be most essential for them
to view the building, and he had taken care to have
the walls of it property and CAT dilly secured for that
purpose. He then expressed his determination of sum-
moiling some most experienced surveyors, and apply-
ing to his Majesty's Surveyor General, and to the Lord
Mayor for the attendance of the Architect to the
Corporation.
The Coroner then expressed his determination of ad-
j.-aiming the inquiry until some day next week, for the
purpose of being enabled to get the proper person to
make the necessaty surveys, and prepare themselves so
as to be enabled to come to a perfect determination as
to the state of the building, &c. so that the proceedings
of this day would be merely pro forma. The Learned
Gentleman concluded a most able, luminous, Mid truly
affecting charge, by again requesaing of the Jury to
dismiss from their minds any, and all opinions, that
rumour or prejudice might have created, and dispas-
sionately wade through the evidence, which alone
would enable them to arrive at a proper conclusion,
Kith that calm deliberation which the subject required,
and their respectable appearance evinced.
The Jury here proceeded to view the bodies, all of
which, except that of Moses Levi, were in a room up
stairs in the Court, but he was removed to his residence
in Petticoat-lane, and after their return, the bodies of
all the sufferers were recognized and sworn to by theie
respective friends and relatives , after which the Coro-
ner signed warrants for their removal and adjourned
the further inquiry until Wednesday next,
Before the ccnclusicn of the proceedings Mr. Bal.
lantyne, of the Thames Police, appeared in Court, and
addressing the Coroner, complained of an account in
an Evening Paper, in which it was stated that a num-
ber of the police officers were drunk, and denied the
fact of their being so.
The CORONIR replied, that he was sorry be could
not say as much for the local constables, whose con-
duct, since the calamity, had been so irregular as to
require a private and serious investigation. The matter
dropped here.
The proceediegs terminated at ten minute- past one,
at which time,and a moment before the Jury sepa.
rated, a Gentleman entered the Court, and informed
the Coroner that a body had been just dug out of the
ruins, life not being then quite extinct.
It would be impossible to describe the horror that
this anouncement created throughout, and most of the
persons present rushed out to ascertain further parti-
culars of this melancholy and most miraculous cir-
cumstance.

Friday Evening, February 29,1815.
SlR—As the Architect of the New Brunswick Theatre, I feel it
my duty to address you, to request, through the medium of your
widely-circulated Journal, that the public opinion may be suspended
as to the circumstances which led to the unhappy catastrophe of
yesterday. These circumstances will naturally be, in some degree,
investigated upon the Coroner's Inquests ; but I have further taken
measures to solicit, in the highest quarter, that a professional inquiry
shall be institu►ed before a convect nt authority. Waiting such an
inquiry, I forbear to make any observations upon material techni-
cal and other errors that must necessarily have arisen in the hurried
description of such a cakmity ; and I have only, therefore, to repeat
my earnest request, that the public will not pronounce. without
evidence, upon a subject that requires a careful and dispassionate
examination.—l remain, &c. STEDMAN WIIIT Wr ELL.