The Express.
London, England, 1862-02-21 00:00:00

IXTRAORDIMASTCLNL

ii;;Ta:;;...;tio. on • volley of assurance made by
Gee Fredk. Dowel° Hisses on his life with the defendants
comp ay, the plaintiffs, Mn Taw nod his brother, aiming
as executrix sod executor under the last will and testa.
merit of the alleged deemed.
The defendants put wend as on the record, raising
the question whether the death of the assured had been
satialartorily made out la secardance with the twos of
the policy.
This is perhaps one of the most extraordinary canes, es
will be gleaned from the evidence, which ever came haters
a court of justice.
Mr. Hawkins, Q.C., Mr. Francis, and Mr. Holland were
counsel for the plaintiffs ; Mr. Berjeaot &nautili& Mr.
Lush. Q.C., and another learned gentleman represented the
defendants.
Mr. Hawkins, in stating the men for the plaintiffs, said
that they were Mrs. Trew, a moot respectable person, in the
service of Lady Ellice, of Bouthall.park, and Mr. Mona,
who was the sexton of the parish of bdmontoo, and who,
as executrix and executor of their brother, Frederick Dew.
ens /Horne, said the itailway Passengers Assurance Cent.
ray fee the amertat ale policy of 250 i., entered late with
tilt ocimpeey by they broiler, the policy balag *Aid so
far beck se September, 1856. Mr. Morns, the lessened
konati
mom was 28 years of age, and at the time of Ids dna
&aerate', off the Brighton onset, was an s
essistaat. That bad occurred on the 156 of
Moiler, 1866. He had been in delicate bed
mad west to Brighton far the pupae of Alias ease triode
as Saturday, the 13th of September, lelloadiug te retail cm
the (Wowing Monday by the Wt train. Ille tea Weep
at Brighton, sad left about half-past mile as llenday,
having time with him • carpet bag. Frees that meanest be
bed never ilea ilea alive. Is fail, he had gene awasiez;
preemie( his lateetila he bath% mod alterweedi the
wont by the deemed were bead as the mat mains on
the lisps of a hathilipmeehile, but we penes who *wild
them weld be dimmed. Sow weeks afterwards a body
wee thrown up at Walton-matheNase. sad that boa
weal; be proved is yawn is the body of 1

Dawson Hiorns. On this probate had been taken out by, and •
granted to, Mrs. Trew, as the executrix of her brother ;
but the defendant., on application having being made for
the payment of the policy, refused on the groend •
that there was no proof that the deceased had
died by accident within the meaning of the policy, and that
no satisfactory evidence had been given as to the identity of
the assured with the body of the person found at Walton-
on-the-Naze. The cause bad been beard before, when it
went off on the point of law raised by the defentlante, that
supposing the deceased had died from drowning, as alleged,
it was nut a death within the meaning of the policy, but the
full Court of &cheaper, after argument, had ruled it was,
so that the present action had been brought, the only ques-
tion being now whether the body found at Widtotron-the-
Nue was the body of Frederick Dawson Morns, who had
assured his life in the defendants' company.
The following evidence was then adduced in support of
the plaintiff's case.
Mr. Henry Mullins deposed that Frederick Dawson
Riau came to Brighton on the Saturday, and breakfasted
with him on Monday, when he left iu the evening with the
intention of returning to London, after which be saw him
alive no more, having gone to the railway station to wish
him good-bye, but had not seen him there. A man named
Warner, and a policeman, afterwards brought him some
clothes, which he at ouce recognised as those worn by Mr.
Hiorns, and which were found on the steps of a bathing
machine. He oommunicated with the deceased's brother,
and then offered a reward for the discovery of the body of
14, which was increased to 151.
braes-examined—Mr. Hiorns was not married, nor had
he, to witness's knowledge, any children.
Mr. Janice Henry Newman, of El, Grenville-plau,
Brighton, who had formerly been an assistant with the
alleged deceased, at Messrs. Imegworthy's at Brighton,
proved that he bad invited the deceased to peas the Monday
with him, and at 8 o'clock on that day the deceased said
he was going to bathe. He did so, and returned, and at
half-put one they both went to Hove. The deceased told
him be was going to take tea at Mrs. Goldsmith'., and
should leave for London that n' t. He had not seen
him spin alive. The demased was not then looking
well, but he was in good spirits.
Mn. M. Goldsmith, the wife of a lawyer's clerk sod
tobacconist, at Brighton, deposed that she knew the
deceased, who took tea with them on the Mooday,
_and on
Leaving said he was going to bathe, as he had bathed in the
morning and had enjoyed it very much. The deceased bad
a small paper parcel with him, and he showed her two
likelier's of himself.
Ouse-examined—They were photographs, aed she be-
lieved they were in frames.
They were produced and identified by the witness.
Mrs. Mary Ann Highland, lodging letter, of 13, 'North-
street, Brighton, proved that the deceased had lodged with
her from the Saturday to the Monday, when he left, after
which she had not seen him. _ _

Charles Warner, carpenter, of Brighton, proved that about
eight co the evening of the 15th he was going along the
shore, and noticed some clothes lying ou the top steps of •
bathing machine, which were the steps next to the water, at
• distance of about 40 yards. lie waited some time, and
asked three persons who were passing by to stay by the
clothes until be fetched a policeman, which he did, and
on Lis return the man and woman whom he had left there
were gone.
Cross-examined—They were respectable-looking persona.
Persons walking on the parole could see the bathing ins.
chines.

Reexamined—lt was moonlight, and there were a peat
many people walking about, both on the parade and on the
shingle.
White, superintendent of police at Brighton, pro-
load clothes, a purse containing half of a return ticket
from London to Brighton, but no money.
Mr. Berjeant Ballantine—This is • weekly ticket, and la
available for a week, my lord.
Examination continued—There have hien two or three
detectives employed in this matter, but the body hes not
been found. . .

Cre;;;;mined—Persoos are not allowed to bathe,
from a machine before nine o'clock at night, and it
duty of the police to apprehend them if they do.
Mr. Francis—But they do.
Witmer—Oh, yes, a great many do. You see people will
do athiag when they know it is wrong. (Laughter.) In
feet, I've known them to bathe at eleven o'clock in the
morning, especially people from London. (Laughter.)
Mr. Berieaut Ballaotene—The witness has evidently no
great opimou of London e, my lord. (Laughter.)
John 11'(ithei, °oast guardsman at Walton-ou-the-Nase,
deposed to having found a naked body which had been
washed up. It was on the shore, and the crows had been
at it. He had only known three bodies washed up there,
and one was in a coffin.

The Lord Chief Baron—You know there are church-yards
about there which are washed away sometimes, and el
course the bodies in the coding ?

Witness—Yee, MilOni,"--I;it this coffin was temporarily
made. There was one body washed up when the Wish
packet was lout on the Goodwin Sands, several years hack.
Mrs. Julia Jane Trim examined— I am one of the plain-
tiffs, and executrix of my brother Frederick Dawson Miami,
who was 27 years of ego in December, 1845. He was em-
ployed at Messrs. Langwalley's, ironmongers, of Brighton,
for two years. He set up business in Coventry, and beams
bankrupt therein Jame 1865. He afterward' got a situa-
tion of Mr. Pearce. ironmonger,i of Jermyu.street, ate salary
of 901. • year. He was in that situation in September,
1856, and was lodging in Curzon-street, May-fair, when he
died.

The Lord Chief Baran—When he disappeared ; it le not
proved that he died.
The witness here identified the clothes as her brother's.

Kantl;l4lcm continued—My brother told me he intended
to go to Brighton on the Saturday. He wee not then very
well. He need to wear a bandege far a strain. (The carpet
beg was here identified by witness.) When I went to my
brother's lodgings sad took pomention of hie things I mimed
a coat which he used to wear during business hours. It
was an old coat, and, with that exception, the other thinip
were correct. I found two policies of insurance there in
his desk. I knew he belonged to the Edmonton Benefit
Society.

bad insured his life in the Nations]
Guardian Office, but had borrowed money on the policy.
He had been under the ears of a medical man, Mr. Ham-
mond, of Edmonton. I never beard be was ordered sot to
bathe.

---
The Lord Chief Beton—Did you find any mosey si hie
lodjifide
witnesa—No. my lord.
The Lord Chief Berns—Nothing of any value. Any
silver or rings?
Witness—No, my lord.
Crow-examination continued—T knew my brother had a
silver watch. I did not find it. I advertised it. The
number was 4847. I took the number from his book. This
is the book.

Mr. Seneant Ballantine—Now, then, ..int me opt the
entry in that book. You know that tbi k was not pro-
duced at the lut trial. . .

Witness— It was not This entry was not in it at the
time, but another was, which is copied from the original
entry sent to Mr. Whit*, the superintendent of police, at
Brighton.
Mr. White was recalled by his lordship, and stated he
had no doubt be bad received the entry of the number, but
he could not distinctly recollect it.
Plaintiff's cross-examination continued—l think the entry
in this book is in my youngest sister's handwriting. She is
DOW & governess in the family of the Count de Clavery, in
France. She is not here. lam positive that it is in my
sister's handwriting.
Mr. Serjeant Billantine—Then, having seen it written,
who wrote it

Wituess—My sister.
Mr. Serjeant Ballantine—On your oath, did you not say
your brother wrote it
Witness—l said my brother or my sister wrote it.
(Sensation.)
He-examined-1 was not examined at the last trial.

Mr. Henry Samuel Hammond, medical practitioner,
proved that he had attended Frederick Dawson Morns in
18.55, for a strain, during three weeks.
Mr. Gardner Baker Herne, sexton at Edmonton, one of
the plaintiffs, deposed that be bad seen a body at Walton-
on-the-Niue which he believed was his brother, from the
height of his forehead and the absence of a tooth in the left
jaw. An inquest was held, and pve an open verdict.
The Lord Chief Baron—Very open, "Found drowsed."
Mr. fierjeant Balhintine—You offered a reward for the
discovery of your brother's body?
Witness—l did. . . . .

flerjeset liallantine—And very prudently refused to
pay it when it was the body of a person unknown.
Witness—lt has not been paid.
Mr. fiernt Bellantine—But you have no objection to
pay it, if insis proved to be your brother's body, out of our
pockets?
Witness—l have not, (Laughter.) I have three actions
on policies on my brother's life. He executed a policy in
August, GM, and made his will in the same month.
Mr. Menthorpe, a medical gentleman at Walton-on-the.
Naze, deposed that be bad examined the body found there,
sod all the teeth were gone but four from the action of the
water. There was au appearance that the eye tooth bad
been extracted. He believed the body had been in the
water over one month and less than two.
Two friends of Frederick Demme IlMena, named Babb
and Miller, who were well acquainted with him, deposed
they bad sees • body at Walton-on-the-Naze which they
believed to be his.
Wm. Holly, • coast sman at Walton-on-the-Naze,
who bad been in the service thirty years, was called to show
that a body drowned off Brighton would float to Walton-
an-thelisse. He stated that when there was • wreck of
the steam packet on the Goodwin Sands three of the bodies
had floated to Litedguard, where he was statiosed. There
bad been nobody drowned off there.
Mr. &deist Ballantiae—Yoe met tell that either.
Mr. Isham Baker Harm, plumber, proved he had seen
the deceased, or supposed deceased, • few days before the
period when he went to Brighton, end he wee then in good
spirits. He did not know he was meet to an humane'
company.
At this stage of the proceedings the farther hearing of the
cues was adjourned.

COURT OP PROBATE AND DIVORCE.
Pa. 20.
(Brian the Judge (b y.)

WHITE P. WIWI ANDCATO.--IFECTAL nit/.

Ia etti;;;tof 11;i1TleitiKetee-i6.lltesiiieed the et.
tasting witeeeete trete esatehked sad ereet-eseatheed at
greet iamith. It was MEOW Uri the aseemed yet • wooly

°Latinate old man, and that he had latterly managed his
money matters in • very angular manner ;1t the wit-
nesses declared that he was of perfect capacity, and, indeed,
considering his years, of more than ordinary mental power.
The trial was stiU proceeding when the court rine,