The Express.
London, England, 1858-08-04 00:00:00

TEE EXPRESS, WEDNESDAY EVENING, AUGUST 4, 1858.

CMIIIIII V. BRYAN AND WNAVIR.

This was an sodas Iraq* by Mr. Arthur Cheese, an at.
Med Mises% sod swrimpr of the Inagua Hub-
Peek of Pealizerts, Ihrderetbsi • hound ; damages
st Mk The dsiniest WIWI, WI • labourer in the
sunk* of Uss slaw admirt, vile is • farmer at Lyonshail,
when the Mamie in kept, end he admitted having shot
the imeing, ink, aught it worrying his otasicr's skimp.
Tb. *Miff enierroured to show that the shoodsg-hy
Weaver err by the direction of the master ; but the jury
leek a dilinent view, and grave • verdict for Bryan, and
messed the dosages agemst Weaver at 206.
Mr. Haddlestou for the *Win ; Skinner for Bryan;
anti Mr. H. James for Weaver.

NORTHERN CIRCUIT.—NEWCASTLE, Auo. 2.
CIVIL Stos--(Betont Lord Chief BMW Pollock.)
Tits wart at this morning at alas o'clock, and proceeded
with the following special jury camas

HUNTLEY V. THE IT. 0110101.11 INBLEANCI COMPANT.
Mr. Hogging, Q.C., wtth Mr. Maids sad Mr. Week sp-
ice the plaiatiff; sad Mr. hthertaa, Q C., with Mr.
James, Q.C., sad Mr. Hopwood appeared for the
delioduito.

&rah Hannah Huntley. as adadalstratrix of °sorra Hamel
her late husband, wee the plaintiff, and the Bt.
s lantana Conspeay, whose hied olio, is la
were Wdefendants. 77se sober wag one policy of
Meerstais for 2,0001., effected an the Ids of (1
Haggai Htuatisy, who dial on the 17tk of Jaae,7.
7.
It tees alleged that the policy wag void, cm the
grand el its haviag bees frsodelantly obtained, the
mate of health of the dsomasd having bean misrepre-
sented. Oa this questioa Issue waa joined. The defeadanto
stated that st the time of making hie proposal Huntley
I woe anflariag hoes disease of the heart, as he than
well knew • ofd braid that he was than suffering
from discs of twish* be well knew. Mr.
Etsatley was • the Apotheosise c0.,r2;
He was 34peon in radios se a sain wn at Howdoa.
wee samba of eollierile the asighbenrhood. He
wassail'sa to some of these, readving Ids appoints's' from
the otooritaw and had to take rare of the health of large
Saes sof ma employedat coillisise aad other works. For
34 yaws he had dischar them amerces duties. la 1833 Mr.
Hoatity married, and st the thee el his death ha had a
family of six children, who were all healthy, sad the eldest
of whom was 18 years of age.
The follow lag witassms wee (Mail :
i.e. Hodson, spat of the oxspeay at Tyssmouth ; Jaar
Folks, referee of sisameal as to his proposal; Hobert
Hilly, brother of the decessed ; Mr. William Freetnn,
wpm, of Neweastis ; Jame MUM ; Agnes Hades; David
Ksaitedy ; Robert Turnbull, inakeepcm, at Bowdon; Nola
Robles:a ; sad Blr Jobs Fib.
' The evidence of times winsome' went generally to show
that deceased was a mats of motive habits, healthy, accestomed
to a good deal of walking and shooting. It also appeared
that ha was s vegetarian.
Obtrlßobins danced a Scotch raid with deceased at
osas, 18.56. He danced pretty actively.
Hie Lordship /sere remarked that the insurance was weed
la the month of April, and be Mad in June following. That
might very wall account for • groat deal of inquiry on the put
of the hisarsace

David Kensed y, J.ll. sad builder, had known damned
18 gems. Wiftess's erib was confined in March, 1867. It
was 11 o'clock st night when deceased came to the hone an
the (masks ci the eatfinemest of witnest's wife, There
woe iney heavy sled sad wind. Kr. Humility walked with
vitae's, and est till 3 o'clock in the morning, then want
home.

136:Joha em a mowers to Newlinle. I knew Mr.
Huntley Mysore. Never knew of Mr. Huntley, Ist that
then having any usual medical attendant. I attended him
in hie lan illness, after his return from Croft. Had not been
fa attemileace upon him before. I attended him till his death.
I have as minutes, but heves distinct recollection of them*,
Wig deeply interested in It. Wham I catered the rem be
was MA? tittle err poi is appereate, sad I was struck with
this. HO eye was height, sheet ruddy, seek evesseler,
bat his breathing_was emonal, sal his pulse frequent with-
out beteg lira. Be had grew swelling at the lower astir
seines ; sere mar, samsikably deep crowed, awl
Isarrely add, kr I anted it at the doe with lithass=
I earialed It was net alhariasse. trader
Main • hopeful opinion. He ereprised of pain moor the
loins, mad I considered him Wonting under inflammatory
aspen= of the kidneys. I Tr aortal, because I have
esseettere seen such aymptoms vanish by development at
geed. The stethoscope discovered no organic Meer deny
pert of the content, of the ober I subeequasly tried his
arias. I superintended end two or three of my papa
=ebawith nitric acid end hat. There were as
produced ; there was as albumen deposited. I
Sear ecoordingly. Bra a Webster I would net
he
her rotund noon if he Wbests laboring ender
etherea Iris. gave taaressy, digitalis, sad the
&astir mita Made a porters ea the book of art
leg. fru whisk lowed a p quality of ester Said.
la err three weeks be had improved a mar that we an
eatertered helm of resswisy. la
two
andlliea
art satires donna Mena ; sod la two sr der days
he died loadesoly. My Ws aid OA per the arena es
emus of Amer el the Weep, reser them sysepros
may Wet =ghost Mire et the kidneys. Ble
drew was kidasys BM
roplwri were mar asse = ue;
the ribsrein I etsishred
he bed net allsed
se Yr p was
veneered then&bog. I
de
isw wet deer eensa.
bed
hie Meer that seated the rertice. I did not=llidle
was a vegeterfes. illi_islaresene with him had bet peen
me which led re le herrn his ropiest
sr Bream These wee nothing la hismies-
nMi le oes piest had
hest ef
rig slateding. I arid easel as rooms of Bright's direr
dam Itidersi The lob Wed the ateas el thas Meer et
the time ; and the Mr me the mod certain that am be.
From what I saw, I firs far he might or might not la April
have had Mortised sides of the kidneys, bat not direst.
It was functional set agent e transient action. bay
sum tatting in wet arks right have It. In Bright's die-

ewe of the kidneys the patient becomes emaciated and the
countenance anxious. In my judgment the deceased had not
dimes of the heart In January. I cannot declare that in
hammy he might not have mamas or bronchitis.. If I had
found albumen in the urine, I should have concluded his
as was hopeless. His symptoms were not chronic, they
were sub-acute. He was altogether one of the most robust,
healthy middle-aged men I ever sew. If he had Bright's
disease of the kidneys, I never saw a man look so unlike it.
Mr. Atherton, in addressing the jury fur the defenoe, said
die circumstances of the case amply justified the insurance
company in inetitating dna investigation whatever might be
He result. He commented on the fact that the deceased had
not, in his proposals, made reference to medical men whom
be had not very long previously consulted, Dr. Charltoo end
Dr. Embleton. On the 9th of April, deceased, in point of
fact, was labouring under disease of the heart, or the
kidneys, or both; and he knew that he was so labouring.
Yet in documents which he had signed previous to the
policy of insurance being completed he had dented the fact.
Dr. Charlton—l have been nineteen years in practice as
physician in Newcastle. Saw dammed twice in the winter
of 1856 or 1867. I had also seen him cm the 26th April,
1866. I wee the sent for by a blend of Ids to see him pro-
fessiomilly. I sesordingly saw him at his own house. I
understood from him that be had some [Palpitation of the
boors and some difficulty of breathing. He said, I with
you to me whether all is right with me." I examined him
most earthily with the stethoscope ; but did net examine the
urine. I keeled the opinion that there was disease of the
kart, end dhows of Oolongs, probably cosirtpiest on disease
ot the heart. I told !dm my opinion,
added his to be
very earth' se to to cold, unk late hours. I laid
dime appeared to be dilated and enlarged heart, and am-
the lower pert of the right lung. In the winter
olphlillr of
or 1867 he ailed upon me with Mrs. Huntley. He
said he canoe to see what I thought of him at that time. He
alluded to my liereservisit. I examined himagain moat carefully
with the aladhareeps. I found the organs of the chest in the
seine oondftion as on the former occasion, and ennead that
opinion to Mr. Huntley. He was neither worn nor better
—memo, in the ease state. There amend. to be short-
ness ,
of WeMldm end a quick action of the heart. It wee
not a marbeil,ise
eti ArgesZpitation. The Withp were rapid
and week as the case la a dilated heart. That
venial be the of the heart II he ware subject to
Never hued al him soft VS his death. In
glordatinate It would not be diffisah for him to atteo6 his
pellesto. I should not moceseased to ware a patient five or
tie haunt sooting, or • Boatel reel, or iss=itsny
pastimes seieloualy avoid exercise umdor awe •
Dr. limbiston--I am • physician, at warty 20 es'
pnlhe in this town. I was cowshed by
deeeawd twice in 1867 ; first, on the 14th Jeamiry, I wee
&eked eall upon him at Hordes. I saw his at hie own
how. He complained prpally of difficulty of breathing,
and also el palpitation ad the butt. I indeed him, sad
looted be bed bronchi* end rather the appearemee of asthma,
indicated by &Moak breading at night. I told him my
view deb ere, which seemed to ociocide with his own.
=lagfor his, and directed his whet wee best to be
April following, I received a note or message to
see him at his house at Bowdon. With the romosse In-
aive& • bottle containing his urine. I Wed Ma urine with
nitric eddied beat separately end together. The urine W 24 sold,
end decidedly albuminous. There was • considerable quan-
tity of albumen. Those were the proper tats. Saw
I damned cm the 7th of April. He asked if there was any
albumen to his urine. I said I was wiry to say then wee a
good deal. I also examined him se to his Mate of body. I
saw he yes dropsical In his legs ; he wee swollen up to blip
trunk. His hands were deo somewhat swollen ho the same
way. I thought also there was !Win the abdominal cavity.
His breathing was short and sadly malted. I
came to the conclusion that there was and dila-
tation of the heart. There seemed sir to field in the
them of the lungs themselves. The urine Indicated Bright's
dimes of the kidneys. I think the lime shoo we congealed.
I thought him In • dangerous state, and thht it would
do him harm if I told MK poldeity ell that I thought ; but
I opened my irstml same to Mrs. Huntley. I told Men the vi ins
71issaaltighlreclembenntoue, sa
ee jethet the &est ems notesolgo:.till
inenreace mammy applied to me to give @Mime, I think in
the smarm 41867. It was not Wore the 17th June, 1887. It
woo, as far as I recollect, Minty or Alt. A men winsfeede
wholly pa vegetables, so se to pro thimmen of blood,
Ed& have albumen in the urine without having Bright's
diems. Probably that albumen will return from lime to
time, at periods oortespoeding with the vigour of hie health.
The fog returned • verdict for plaintiff for the fall
amount al 2,006., minus 631.6 a Bd., befog the amount o
certain allowance or motounimion to be deducted according to
the terns of the policy , on payment of the claim, the net sum
than being 1,1444 135.48.
His lordship—Yom find that there was no fraud on the
part of Mr. Huntley ?
•se_.

- Feiressea—Not shy.
His Lardehip—You hod there wee no dhow of the heart
or kidneys?
Foressin—We believe there wu no diem, of the hart,
and no Maws al the kidneys.