Star. — 1830-08-27 (London, England)

HALLS—Did the police constables say what they searched for ? Mr. Whalley—They did not, nor could I obtain the slightest explanation from them upon that point; one of them, who carried a lent. horn, said his letter was R. and his number 12. Mr. Blrsrsuma. advised Mr. Whalley to proceed at once to the Commissioners of Police, and lay a statement before them of the treatment he complained of. Mr. Whalley left the office for that purpose, and returned in about an hour, stating that he had seen Mr. Mayne, one of the Commissioners of Police, who assured him that the matter should undergo investigation. dr. Mayne added, that police constables had certainly no right to take upon them duties of excise officers by searching for contraband goods, much less had they a right to stop a gentleman's carriage for that purpose on the highway. Mr. Whalley then withdrew, thanking the Magistrate for the attention shown him.  Urriou.ssau..—Yesterday, Thomas Witham, the husband of the unfortunate woman who was barbarously murdered at her house in Prince's4treet, Lambeth, on Thursday afternoon last, attended at this office, accompanied by Mr. Harmer and several of the jury before whom the late investigation had taken place. Mr. Harmer complained that Witham had been kept in custody ever since Friday last, by the Superintendent of the Lambeth Di. vision of Police, without being taken before a Magistrate, and even after the Coroner's Jury had returned a verdict of Wilful Murder against some person or persons unknown, on Wednesday ; thereby acquitting Witham of guilt. Yet that unfortunate young man was still kept in custody, and was not released until that mottling, when he was taken up to Queen-squere Office. Mr. Harmer here proceeded to describe what had taken place at Queen-square. When Witham was taken before Mr. Gregorie, that gentleman inquired of Mr. Dowling whether he had any further evidence than that produced before the jury to charge Witham with the murder ? The reply was in the negative; upon which the Magistrate expressed considerable surprise that the young man should have been detained in custody at all, particularly after the verdict of the coroner's jury had been pronounced; and he at once said that Witham was at perfect liberty to leave the office. Mr. Hamer said that before leaving Queen-square that morning, he had been told by the new police present, that the moment Witham was out of their custody, It was the intention of the officers of Union.hall to apprehend him again, and take him before a magistrate. Upon hearing this report, Witham, as well as his master, (Mr. Nash,) expressed a wish to proceed to this Office, to ascertain whether such was the inten. tion, and to deliver himself up, if there was any shadow of evidence to show that he was concerned in the atrocious murder of his late wife. Chief constable Hall said that he attended on both days the Coroner's Inquest, and paid the greatest attention to the evidence ; and after hearing it, he had no doubt as to Witham's innocence, and no officer belonging to that establishment had any idea of taking him into custody. Mr. Sir/ABET said that he had no hesitation in saying that the detention of Witham in custody at all was illegal, and contrary to law. If the superintendent thought proper, on his own responsibility, to take that person into custody, it was his duty, in the first instance, to have taken the suspected party before a magistrate, and not depriveone of his Majesty's subjects of his liberty from the Friday until the Thursday following. 'I he magistrate added, that the superintendent had, by this illegal proceeding, subjected himself to an action in the Court of h.ing's Bench.  Mr. Nash said, that when he spoke to the Superintendent on the subject of Witham's detention, he said that the latter had expressed a desire to be taken to the station-house, rather than be sent to Horsemonger-lane Gaol, which would have been the use had be been taken before a lilaghitrate. Witham was now asked whether he hod expressed a desire to the Superintendent to be taken to the station-house ? Witham said that he never expressed a wish on the subject ; but was taken off to the station-house in Waterloo-read, and there locked up since Friday last. Mr. Harmer characterized it as a most scandalous piece of injustice towards a man under all the circumstances : he said that Witham was detained all along contrary to law, and that steps would in ail probabi. lity be taken to show the Superintendent, who had performed his duty in such a manner, that he was not justified in the way he had acted. hit.