The Sun. — 1845-04-07 (London, England)

WAKLEY—Are all the witnesses here ?  Harvey said he had summoned them, but he understood from Inspector Black that all the witnesses were at Bowstreet, and that the prisoner was then under examination. Mr. WAKLEY said he Lad issued a warrant this morning for the production of the prisoner before them at a quarterpast ten ; and complained that it had not been complied with. From questions put to the inspector and sergeant, it appeared that the warrant was in their possession, and that they could not inform him whether the magistrate, Mr. Jardine, had seen it or not, though from Mr. Burnaby, the chief clerk at Bow-street being aware of the tenor of it, and their superintendent sitting by the magistrate, it was not unlikely that he had. The prisoner had been taken into custody at six o'clock last night, and conveyed to the Court as early as half-past nine this morning, and they had no power to interrupt the usual course adopted in respect to persons taken into custody, who were taken on the morning following their arrest before the sitting magistrate. Mr. WAKLEY said that if the magistrate had not seen the warrant, or was not acquainted with its purport, and unaware of what transpired here, he might commit the prisoner for trial without coming before them. Sergeant Logan said it was intended to submit the Coroner's warrant to the magistrate at the close of the examination. Mr. WAKLEY said—Gentlemen, I will tell you what transpired at the last examination. You remember that the inquest was adjourned, in order that, if any person was taken into custody on the charge of having murdered Mary Brothers, we might sit immediately on the spur of the moment, and go on with the investigation. You will also recollect that the police in the room received that intimation—they were told that information should be conveyed to the Coroner's office directly any one was taken into custody on the charge of having slain Mary Brothers. I heard of no person being taken into custody until about 6 or 7 o'clock last night, in the House of Commons. lam not quite sure as to the time, but I think it was about the time I have mentioned. I received information to that effect from the Secretary of State for the Home Department on the floor of the House of Commons. He handed me a note which he had received from Mr. Mayne, the Police Commissioner, stating that a man had been taken into custody, and was at Bowstreet. Determined not to act by messenger—taking especial care that no misconception, no misconstruction, and no misrepresentation should occur, I went to Bow-street myself to ascertain the accuracy of the statement. When there I saw the inspector now present (Black) and the person who had been taken into custody. I immediately addressed a letter to Mr. Mayne, stating that I was to hold the adjourned inquest either at half-past nine o'clock this morning or at three this afternoon, and asking him if he would consider himself justified in sending the prisoner here this morning at half-past nine, that I might go on with the investigation. A policeman was dispatched with this letter to Mr. Mayne, and last night at 12 o'clock, I received the following reply :  " Eleven o'Clock.  "My Dear Sir—l have received your note relating to the party in custody on suspicion of murdering Mary Brothers; and I beg to say, in reply, that I do not conceive I am authorised to direct the police to depart from the ordinary established course, according to which he will be taken before the magistrate at his sitting in the morning.—l am, dear Sir, your obedient servant,  "R.