The Sun. — 1828-03-05 (London, England)

CORONEK.—I call;ipou the builder of the theatre to come forward and give evidence. Mr. Comyns—The builders of the theatre are many persons. I call upon one of them to give evidence as far as he knows. The person I call is named Pound. He is the bricklayer who was employed upon the building. The Learned Counsel then referred to the case he had before alluded:to from Hawkins' pleas of the Crown, relative to the fall of a bridge, where it was held that inquiry into the nature of the building or of the repairs was most important for the Inquest, as the Jury had the power of amercing the parties through whose carelessness or negligence such a fatal occurrence happened. Mr. George Pound, the bricklayer, who built the walls of the Theatre, was then called and sworn.  Mr. Comyn was proceeding to examine the witness when he was interrupted by The CORONER, who said, that no person except himself or the Jury had any right to interrogate the witness. Mr. Comyn—l can assure both the Coroner and the Jury, that nothing but the conscientious feeling that it was my duty on behalf of the relations of the deceased Mr. Maurice, to lay before the inquest all the information in their power, could induce me to pursue the course which has been thought irregular ; and perhaps I could now have acquiesced in the suggestion made by the Coroner, if I had not before me a precedent for my interference. Every one will recollect the melancholy occurrence that took place upon the death of the late Queen, when several persons came by their death ; an inquest was then held on the bodies of the sufferers before Mr. Stirling, one of the Coroners of the county of Middlesex—a gentleman 'of the most extended experience in the duties of his office. The enquiry then was as to the cause of the death of some persons who were killed in an affray between the military and the.mob which had assembled en that occasion. I remember that a Learned Counsel attended the Coroner's Inquest on behalf of the officers and soldiers, who were supposed to be the cause of the death of the parties ; I remember well that a Learned Counsel then appeared on the part of the person supposed to have occasioned the deaths, not for one day, but for many days—Ate called all the witnesses, which lie felt it his duty to examine in exculpation of his clients. I certainly, Sir, do not recollect any other precedent from which it. could appear that any legal gentleman,or indeed any other person represented, either the accused or the dead, by interrupting the proceedings, so far as to assist in the enquiry which had brought the Inquest together. I am sure, continued theLearnedGentleman, that no one can be more anxious than I am, from inclination, as well as from every principle of duty, to respect the judge by whose determination I must be bound. But representing, as I do, one of the deceased parties, in order that this inquest might be better assisted in its inquiring into the causes and effect of the late dreadful calamity, I can have no doubt as to tie propriety of following the precedent I have just cited. I can also see another reason— namely, the great convenience that must result from such a course. Neither the Coroner or the Jury now assembled can by possibility know any of the facts ; indeed no person can he acquainted with them but the persons who bring the witnesses forward to give evidence between the King and his subjects. As a proceeding, therefore, both useful and convenient, I submit to the Coroner that the 'iiitirtiOpe ought in the first instance to be interrogated by the advo::.' cute of the parties. This was the only mode of 'cirriducting a legitimate enquiry. It was the rule that governed all legal proceedings. The Coeoe Eft—Gentlemen, when the Learned Counsel, for whose great learning I have the highest respect, interrupted me, I was about to inform you that the situation of Judge, sitting here as I do, is one of complicated difficulty and embarrassment. It is my duty to state to you what I think to be the law as applicable to this inquest, and if I am wrong, most ready shall I be to acknowledge my error and redress my mistake. I sit here, Gentlemen, to inquire with you into the cause of the death of certain of his Majesty's subjects, therefint I call in the King's name upon all persons who can give any evidence touching the cause of the death of the deceased to come forward and give that evidence to you. It is then my duty, Gentlemen, to ask those witnesses as they cone, up, to tell their impressions as to the causes, as far as they know. If I find them, Gentlemen, concealing any thing, if, will be my duty then to put such questions to them, in the King's name, as I think are calculated to elicit the truth. The learned Counsel has cited a precedent, and I am bound, as well as every one sitting in this chair must be, by precedents—to act otherwise, would be to introduce the most mischievous innovations. It would be to nncettle the law itself and leave the subjects of this realm at the discretion of a Judge. The precedent, however, now quoted is so very isolated an instance, that I cannot bring myself to subscribe to it. With the greatest possible respect for the Learned Coroner who presided upon the occasion alluded to, I do feel that I would be giving to this Inquest a character which it ought not by any means to assume, if I allowed the advocates, either of the accused or of the deceased, to take a leading part in this enquiry. I would put it to the Learned Counsel whether the better course would not he this,—if he should find that the truth, and the whole truth, has not been extracted front any one of the witnesses, or tint Ido not put such questions as are calculated to elicit the whole truth, or that the witness does Not give such answers as convey the whole troth to the Jury, then that the Learned Counsel would be kind enough to suggest any thing which he may think likely to forward the ends of justice. Mr. Comyns—l beg pardon for one moment. It has been just mentioned to me, that the same course which I wish to pursue, had been allowed upon the inquest on the body of Lord Ffrench, who committed suicide in Dublin in 1811. Ido not myself know this fact, but as it has been mentioned to me, I thought it right to put the Coroner in possession of it. The