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clerk, had such power, and, on here contended for, was asserted that, issue was joined. The Crown on mere parole authority, or by charged that the work was not any other less formal mode, by done according to the specification. which the whole scheme for the The defendant says, “True; but buildings in question might be the variance was directed, and au- altered. It was most marvellous that thorised, by your surveyor, Laing.” this power should be picked out by The question then became simply, implication instead of having been was Laing authorised, or was he expressly declared in the instrument. not; and that led directly to the Could there be any article in a construction of the instrument. contract more important than a If that instrument should (as he power to alter all the other stiputhought it ought) be looked upon lations of it? and yet, instead of in the plain straight-forward way its being set forth in the instruin which all such documents should ment, that extraordinary power be received, it would then be seen was only picked out and mainwhether it gave to Laing the au- tained by argument. It became thority relied on or not. On that necessary here to look at the artipoint, he confessed, he never en- cles. (Here his lordship read the tertained any doubt whatever. In contract, and commented upon that instrument, Mr. Peto entered that passage in it which provided into an engagement on his part, in for the addition to, or the reducconsideration of a sum of 165,000l. tion of, the number of works to erect certain buildings, and to specified at the discretion of the complete the several works speci- surveyor). Was it possible, therea fied in plans, and according to fore, he should ask, that it was scales numbered from one to thirty- intended a power should be given one.-These were the obligations to the surveyor to vary the whole into which the defendant entered: scheme, by substituting one thing but then he says, “ It is true I for another? The sound construchave, by the deed, undertaken to tion of the passage necessarily was, do these things, but there are that Laing should have the power other provisos in it, which put me to add to or diminish, but not to under the necessity of following vary; and most particularly with the directions of the surveyor, respect to the foundation, on which whatever they might be. I was the security of the whole edifice bound (as the learned counsel had was to depend. (His lordship ingeniously, and not too strongly, here referred to other clauses in put it), if Mr. Laing had thought the deed, declaring, as his opinion, fit to alter the plan of the Custo: 17 that even by the most violent and house to a plan for a church, I forced construction of the instruwas bound, I say, to obey his di- ment, it gave to the surveyor no rections, and go even to that ex- such powers as would justify Mr. tent.” He (the lord chief baron) Peto in substituting other works must admit, that, in thus arguing, for those expressly stipulated in the learned gentlemen had not it; and that, for the sum mengone too far: but how stood the tioned-165,0001., the defendant facts ? In the first place, it was was bound to complete the works a most marvellous circumstance as specified). It appeared, therethat sa important a power as that fore, to him, that upon the first
indictment was on the 52nd Geo. The windows were all driven in, III. cap. 30, sec. 2, which enacts and the mill sustained so much that “if, after thepassing of this act, injury, that it became necessary any person or persons, unlawfully, for the persons within to fire. riotously, or tumultuously assem- In doing so, they killed one perbled together in disturbance of the Colonel Tempest and other public peace, shall unlawfully and magistrates then came up and read with force demolish or pull down, the Riot act. The prisoner, Holdsor begin to demolish or pull down, worth, said to colonel Tempest, any erection, and building or en- “ What are we to do, are we to gine, which shall be used or em- starve?" The other prisoner Bolployed, in carrying on or conducte, ton was also observed to be active ing any trade or manufactory of in throwing stones. goods whatsoever, then every such Mr. Baron Hullock summed up demolishing or pulling down shall the case, and the jury retired. be adjudged to be felony without At half-past twelve o'clock this benefit of clergy."
morning the jury came into Court, A great number of witnesses and returned a verdict, finding were called; and from their testi- Holdsworth Guilty, and Bolton mony it appeared, that, some days Not Guilty; at the same time repreviously to the 3rd of May, meet- commending Holdsworth to mercy. ings had taken place among the
Lancaster, August 14.-Blackpoor people of Bradford who
burn Rioters. out of employment. On the 2nd of May a hand-bill was published, James Chambers, Simeon Wright, announcing that a meeting would Thomas Dickinson, and Richard take place on the following day, Entwistle, were indicted for being to take into consideration the dis- concerned in the late riots and detressed state of the operatives. struction of machinery at BlackThe meeting accordingly took burn. place, on the 3rd of May, when Mr. John Kay the constable, upwards of a thousand people, and Mr. Eccles, one of the proarmed with sticks and bludgeons, prietors of the mill, proved the assembled together. After some general riot and the damage done speeches had been delivered, the to the machinery. crowd fell into a line, and pro- Mr. John Kay the constable, deceeded in marching order
order to posed to the activity of Chambers Messrs. Horsfalls mill. The mill in the riot, and to his giving enis situated at one extremity of couragement to the rest of the Bradford, and it employs power- mob. looms, which require few hands. Mr. Robinson, clerk to the maThe proprietors had been em- gistrates, saw Chambers in the riot ployed for some days in putting waving a hammer over his head, the mill into a state of defence; and encouraging the mob to break and, besides arming their own men, the looms, and never mind the they had procured ten of lord soldiers, and afterwards took from Grantham's
's yeomanry. The mob him the hammer, which was proarrived at the mill about one duced in court. o'clock, and poured a volley of The rev. Richard Noble, a mastones at the doors and windows. gistrate, saw Simeon Wright ata his sufferings; he took a most exs bound to put on the circumstances traordinary antipathy to Dr. Pare of this case, and on the intentions sons, and at last almost persuaded of the testator; he pronounced for himself that the medicines he had the validity of the uncancelled taken of him, had killed him ; and will of 1807, which had been prothat, in fact, he had been poisoned. pounded by Mrs. Frances Bauden, There were about the deceased, as the sole executrix named occasionally, some persons who therein. seemed to have been not very · backward in encouraging the anger he had conceived against Miss COURT OF EXCHEQUER, May 16. Bauden, on account of her having
The New Custom-House. recommended him to avail himself of doctor Parsons's assistance. Mr.
The King v. Pelo. Vigurs, another medical gentle- The Attorney-general addressed man, stated in his evidence, that the jury. This was a proceeding the medicines were calculated to against Mr. Peto, to recover the have a good effect on the deceased's penalty of a bond which he execomplaint; but had not, in fact, had cuted to secure the amount to the a fair trial. However, under some Crown, on behalf of the public, and momentary anger, probably, the which would become forfeited, prowill of January 1821 was written,' vided Mr. Peto failed in building but it was discovered, afterwards, the new Custom-house, in the city cancelled by the deceased. That of London. By the contract, Mr. cancellation was quite consistent Peto was bound to complete the with the affectionate declarations work for the sum of 165,0001. ; he on several subsequent occasions exclusive of the charge of 12,0001. made of his unabated attachment which he was entitled to make to “his beloved Miss Bauden;" for the piling of the building. with his inquiries of her at other The building was commenced times, whether the will of August in 1813, and was completed in 1807 was - in existence, and his 1817 or 1818—and the charge satisfaction at learning that it was; of building, including that for with his declarations in the pre- piling, amounted to 370,0001., a sence of servants and others, of his charge more than double the intending to leave Miss Bauden as amount that Mr. Peto contracted well off as ever she had been with to execute the building for; and him; with various acts and expres- of this, 24,000l. was apportioned sions, clearly proving his own for piling
The commissioners reference to, and cognizance of the were extremely dissatisfied with existence and the effect of that these charges ; and thought they will, to the latest term, almost of had reason to complain of Mr. his own life-with the cancellation Laing, their surveyor; and, after of other subsequent papers, as un- having paid upwards of 300,0001. favourable to Miss Bauden, as they thought they could not, with that of January 1821; and with justice to the public, pay Mr. Peto his repeated manifestations, to the any farther sum of money. Mr. last, of his regard for her. Such Peto, in consequence, commenced being the construction, the learned some proceedings against the comjudge added, which he felt himself missioners, but before these pro. VOL. LXVIII,
ceedings were concluded, appre- not even reach that gravel, and it hensions were entertained for the was impossible, therefore, they safety of the building; the walls could have been the least support cracked in several places, and it to the pier. Upon examination it appeared to be in a tottering state, was aseertained, that, out of one and at length the greater part of hundred piles, not one exceeded the building fell. The site was six feet in length. It was imposformerly a part of the bed of the sible, therefore, they could reach river Thames, but it rested upon the gravel, and the consequence a solid stratum of hard gravel, had been, that the whole of the which was 12 feet deep, and into piling had been removed, and a which it was necessary that piles great part of the building had been should be driven for the support taken down, to guard against a of a building of such weight and similar accident to that which had magnitude as the new Custom- already occurred. The commishouse. From the specification it sioners were dissatisfied with the appeared that the builder was to conduct of Mr. Laing, and they provide a necessary number of had thought proper to commence engines for the purpose of boring proceedings against him. They down to the gravel, to ascertain also thought that his conduct, and the firmness of the foundation; that of Mr. Peto, had been such as and he was also to drive the piles not to entitle them to their confiinto two feet of the stratum of dence, The accounts were all gravel, for, unless those piles were made up in a hurry; the greater driven into this stratum, they part was demanded, and paid in a would not afford support to the hurry; and when the accounts building. These piles were all to were disputed, they were suffered be cut the same length, and to remain four years without levelled. Instead, however, of being rectified by Mr. Peto; these piles being of the proper and then, when the building length, to reach the sleepers, some falls, Mr. Peto, for the first time, were shorter than the others. says, it was a mistaken charge, and There was no complaint made of it was also by mistake that the the external appearance of the spandrels were filled up with rubbuilding An immense chasm bish instead of brick-work. He was, however, discovered in the had another complaint to make King's warehouses and the Long- against Mr. Peto, for the improper room, and before the cause could mode in which he had laid on the be ascertained, one pier sunk nine roof of the building. The materials feet, and another four feet. The for the roof were to have been of warehouses then sunk into the the best quality; but it seemed as cellars, and this circumstance, he if Mr. Peto had collected all the was sorry to state, would put the old boards he could find in London. public to an expense of one hun. Some of those boards were ornadred thousand pounds. The piling mented with play-bills and other was then examined, and it was papers, and some were pieces of wonderful how the piers had stood old boards, and in a very decayed till the work was completed; for state. He also begged to call the instead of the piles being driven attention of the jury to the floor, two feet into the gravel, they did ing of the Long-room, and which was charged as six-inch stone. It that pier fell, one of the piles was was certainly six-inch round the removed out of its place, and that skirting-board, where it could have was the one that chiefly supported been detected if the boards had the pier; the other touched part been removed, but some of the of the footings which projected flooring was only five inches thick, from the pier, and did contribute and some three inches. This a little to the support of the pier. would make a deficiency in the The others did not at all support charge for the flooring of 1,1001. it. That pile which was under These facts he should prove to the the pier did not reach the gravel. satisfaction of the jury, and he It was eleven feet long, and the trusted, that, when the case was gravel is invariably twelve feet closed, the jury would decide upon deep. The piles were not twelve it according to its merits, and ac- inches square, the mean diameter cording to the evidence which was seven or eight inches, and would be laid before them.
which was very little more than The bond and specifications hava half the area of nine inches square. ing
Under the next pier, which fell, Mr. R. Smirke was called, and there were only four piles which examined by the attorney-general contributed to its support. The -I am an architect, and have exact position of them I could not been in that profession for many speak to, as one of them, in falling, years. I was called on, in the removed the others out of their latter end of December, 1824, to places. Not one of the piles peneexamine the Custom-house. I trated two feet into the gravel ; found several of the pitis had sunk all of them did not reach the into the gravel ; all of them had gravel; the piling under the walls sunk more or less. There is a row was of the same description, not of cellars, over which is a row of reaching to the gravel, very crooked, warehouses, and then the Long- and in several instances the pile
The arehes of the cellar did not reach the sleeper, and in and warehouse rest upon piers. I that case a piece of wood was put have read the specifieation, and in to fill up the deficiency. There my attention has been called to
were seventy-eight of the piles that part of the specification which less than six feet long, and it is relates to the piling and to the surprising how they supported the sections. It describes that there building so long ; 1,247 were taken shall be nine piles under each pier, up from under the walls and piers, and that they shall be placed three seven hundred and sixty-four were feet apart longitudinally, and every not eleven feet long; 78 were architect would draw that conclu- under six feet long; and some of sion from the drawings which have them were only three and four been made. Under every part of feet long; only one pile was sixthe building that I have examined, teen feet seven inches long, and I find there is a stratum of hard the others which were under that gravel. I found all the piers a size, did not go into the gravel, little sunk, and, about a month and could not be of the smallest after I took my examination, two service. I conceive, that, if the of them fell in. Under one of the directions in the specification had piers, I found only two piles; when been followed, there would cer