The Express.
London, England, 1863-08-26 00:00:00

THE EXPRESS, WED NTSD AN

ASSIZE INTELLIGENCE.

HOME CIRCUIT.—Ow Avousr 25.
(Won Mr. Duos Bramwell sad a ElpsaislJarY.)
WOOLLEY y. POLL--IXTRAM!DINART TRIAL.

This van an action to recover 4,0001. from the Sue
Fire-
office upon a policy of aseuranos evilest fire effected in that
The defendants plaided several plea, but only two of
them were material, and they involved a question of very
considerable importance, as by one of them the plsintiff
IMO alleged to have made a henduleut claim le respect of
the property that was represented to bare been destroyed,
aii:d.dhy the other be wee charged with having wilfully
n the fire that wee the subject of the ioquiry.
Mr. %will, Q.C., Sarjeant Ballentine, Mr. Mereweether,
and Mr. H. James (these gentlemen being specially retained),
and Mr. Boeher were counsel for the plaintiff ; Yr. Lush,
Q.C.,e the Cl. Denman. Q.C., and Mr. Garth were
connd for the definalants. _ _

—This ceass sweated • gord deal of interest, on account of
the amount at stake in the inquiry, which is altogether
nearly 30,0001., and also on amount of the pleas which the
delsodsats had felt themselves justified in placing upon the
record.. _ _ _

As the case was expected to last for several days, the
gentlemen who bad been summoned to serve on the special
Tory wen very anxious to be excused from being sworn,
Bramwell excused some of them, end even-
tually the learned counsel on both sides agreed that the
case should be tried by ten jurymen only. A very well
executed model of the premier was planed upon the
counsel's table to enable the jury mote easily to nodeiatand
the points in the case.
Mr. Bovill, in opening the case to the jury, said that they
were about to enter into an inquiry of a very long and
troublesome description, but when they reflected upon the
nature of the very serious character of the imputations
that were cast upon the plaintiff, be was sure they would
not consider any amount of time ill bestowed in much au in-
vestigation. Me object of the present action was to recover
the sum of 4,0001. upon • policy of insurance against fire
effected by the plaintiff, and when they considered the
' nature of the issues that were raised by the company, they
would see that it was impossible for the plaintiff to remain
under such imputations for a single moment longer than
was absolutely necesuiy, and the outs bad therefore been
seat down for trial at these assizes. The plaintiff bad m-
elded for • greet many years at Camden-house, Kensington,
which war represented by the model that was upon the
table, and those gentlemen of the jury who looked at
this model, and who had teen the extent of the
reins, would be able to form a very good idea
of the character of the buildings. As he had
before stated, the plaintiff had resided at Ounden-hones
slue the year 1847, and down to the snowing of Sunday,
the red of Marsh, 1862, on which day the whole of the
premises, with the exception of some of the outbuildings, sod
' they contaieed, were entirely consumed by fire.
U question to be decided merely had bees hi reference
to the insurance for 4,0001, it would not have occupied an
hour in being disposed of ; but he was booed to tell them
that beside' this policy for 4,0001. upon which the present
action was tempt, other insurances had been affected that
altogether amounted to 29,0001. This suns might appear to
be a large one, but he believed he should be able to satisfy
them that, large as it was, it would be utterly iesuffieient to
restore the building and its content, to its former position.
The learned counsel then went on to explain that the policy
for 4,0001. now claimed upon, was effected on the 16th
of August, 1855, in the Seta office; in 1859 another in-
lay's°, was effected in the same office for 8,0011/. ; and
anotberpolicy for 2,0001. was effected in the Hand in Hand,
making the total sum for which the building aloe* was in-
sured, 12,0001. Another policy was effected subsequently
upon the fixtures sad fittings, In the Sam for 4,000/., and in
the Bead in Hand for 3,000!. A policy for 6.000!. was
also effected with the Sam upon boasehold
china, glass, he., and also • policy for 5,0001. was affected
with the Atlas upon pictures ; so that the whole sum that
was undoubtedly involved in the iaquiry was nearly 30.0001.
He bad informed them that the ire took place in March,
1862, and the whole of the building and its contents were
entirely destroyed, and in doe course the usual application
was made to the insurance offices with which policies bad
been affected. The first dispute that would seem to have
arisen between the parties was with regard to the policy
upon the furniture. and an action having referent* to that
subject was set down for trial in Loaders ; bat owing to the
of busies= in the courts of law there, it was
pease d
that it could ant be tried, and it was therefore
arranged that the present action should first be disposed of,
as Mr. Woolley was determined not to rest under the im-
putations that were cast upon him • single moment longer
than was absolutely necessary. The defendants, as they
had heard, had placed several plug upon the record, but it
was impossible not to see that the real ground of defence
was, that the plaintiff had calmed the destruction of the
building and the property contained in it by his
own wilful act. The - amount for which the
building was Insured was 12,0001., and to any one
at all acquainted with the nature of building
operations be said that with reference to this part of the
case, it was obvious that this sum would he totally insuffi-
cient to rebuild such extensive premises, and indeed, he did
not believe that any dispute occurred betimes the sun
urn of the plaintiff sad those appointed by the company
upon the point, but, on the oontrary, he believed that the
surveyors had arranged plus for the rirerectioe of the
home at the time the transactions occurred that had led
to this action being brought. It appeared that the first
, subject of discussion was as to the contents of the mansion
and the value of those contents, and the companies insisted
upon having the most minute information in reference to
this subject. Some delay was occasioned in giving this in-
formation, from the fact that Mr. Woolley. who narrowly
escaped with his life at the time the fire broke out, was ill,
and coaseqtmotly unable to give them information,
and when this information was completed, he jury would
be able to form some idea as to the extent of the property
by the fact that the inventory filled a volume of considerable
size, and it contained • thousand items. The learned coun-
sel went on to say that while these discussions were going
on upon the subject of the furniture, it appeared
that some rumours had got afloat about the
fire, end these rumours at last got to the
ears of the insurance companies, and they, and other per
moue, some of whom be believed thought that it was impos-
sible for any fire to be accidental, at once jumped to the
conclusion that this fire at Camden-house had been caused
wilfully. The result of this was that the plaintiff was re-
quired to give • full account with regard to the furniture
and where it was bought, and what price was given for it.
He was unable to give complete &newer, to these enquiries,
for the reason that • great deal of the furniture eoseisted of
old and rare articles, • great many of which had been par.
chased abroad, and at every place where old and valuable
curiosities could be obtained. The plaintiff, however, did
give them all the information in his power ; he allowed them
to examine his servants ; nothing was conosaled ; end after
all this the insurance companies turned round upon the
plaintiff and said that the whole transaction was a fraud on
his part, and that he had wilfully destroyed the property ;
and upon these grounds they came forward and defended
the present action. It was imporlle to conceive that • more
serious charge than this could be made against any man,
and it was one for which only • few years ego his life might
have been forfeited ; and this being the case, the jury
could easily conceive what the feelings of Mr. Woolley
must be at having such • charge made against him, and
could understand his determination to have the matter fully
investigated at the earliest possible momenta If there had
really been any foundation for such • serious charge against
the plaintiff, it would have been their duty, as it appeared
to him, to have hal the matter investigated by a magistrate,
but they had not done so, and down to the present mo-
ment the plaintiff was utterly ignorant of the grounds upon
which the Son Fire Insurance Office and the other com-
panies, who were, no doubt, all acting in concert, felt them-
selves justified in bringing forward this eerie= charge.
The plaintiff, Mr. Woolley, would be called before them.
He was told that be was to be cross-examined upon every
incident of his life; bat he would be placed in the box,
and would fearlessly face • cross.examination with which
he was threatened. He had not at this moment the slightest
notion what the circumstances were upon which the charge
that was made against him was founded. They did know
that the defendants had made inquiries in every direction,
and one of these inquiries, be believed, was whether Mr.
Woolley was in the habit of sleeping is • night-
shirt. (A laugh.) He believed that in the hurry of
escaping from the fire Mr. Woolley did put on
a dayahin, 'ad this was one of the points,
so far as he could learn. upon which the charge of arson
was to be supported, and if this should prove to be the case
it would only show what miserable ex ped lents the defendaets
were compelled to resort to. He would observe at this part
of the case that ten months were suffered to elapse after
the fire before the slightest hint was given of any suspicion
beim& entertained that the fire was other than accidental,
and it was not until the plaintiff had expressed • detennina-
lion to enforce the policies that he was met by the charge
that he bad wilfully caused the destruction of the property.
The learned counsel then proceeded to inform the jury that
Camden house, the place is question, as they were probably
aware, was a very old mantic.., built more than two cen-
turies ago. It was formerly occupied by Lord Camden.
The "Merry Monarch" had held some of his revels there, sod
it had alum, several otheroocuiona bed the honour of enter-
!sluing royalty. The plaintiff, after he became pareesed
of it, took a pride in fitting it op in the mat splendid and
magnificent manner. There was a theatre attached to the
building, which was dedicated to the purposes of amateur
performances and concerti; and be might state that the
whole of the proceed* were devoted to charitable p
and that between 3,010. and 4.0001. had been ex u ed in
this manner. The place was go beautifully fitted up, and con-
tained so many rare and extraordinary articles of art and
vertu, that it was considered a most interesting exhibition.
. and it was visited by persons of the highest rank and
statics, many of whom were induced to take drawings of
some of the more remarkable turtle's' of it. (The learned
contused here exhibited to the jury • number of the draw.
' logs to which he referred.) He then said the jury would be
enabled to judge from these drawings what the character of
the building and its decorations really were, and they
would at the earns time be able to form their owe cooolu-
' sions as to whether the amount for which the property was
insured we an Onftillediehie. or as eXerefegnee on. The
fact was that it was Mr. Woolley's hobby, or if they liked
, to term It so, his folly to decorate this place in the meet
' extravagant and gorgeous manner, and his brother-is-law,
Captain Cope. and his sister, seemed also actuated by the
Sense views. He might mention, u an instance of the lengths
to which Mr. Woolley went to gratify his feelings in this re-
spect, that apes one coreehre, beraidefirom to parches, woe