The Express.
London, England, 1856-12-20 00:00:00

lab *Magna.

iambi*. have Mooned him the motley, end asirepensolled
the state be wee is to this sad ether onspasies, Is order to
offset 11411f140111. What was improbable wm semetimes
true, sad he would, therefore, elk the jury to Ices their own
opinions opts the euhjese. If they oelieved se het fiords
i sad Maw* swam, that they boson nothing soul alter the
loss/soft was effected, to ledges them to think that Jodrell
was net a fit and proper person to be insured, their
verdict ought to be for the *With on the drat then pie...
1 He wage' opinion that the ',Mist ow the fourth plea should
be for the de &Masts, bemuse It oily sikged oast seemed
to be proved—vie . that the ststentest is to. primal that
Jodrell had never had sap lit or COMM Waisted goldsmith
life, was tot true; but he would leave It to the court above
ti doll* what effect the weeds is the Fromm' osght le
ham, for the plaintiffs did net absolutely affirm the truth
of the statements it sentaimd, but morel said they be-
lieved them. But another wary imporiset impedes are..
upon the equitable repliestioa. This was the bat time they
had to sessidar the prespostnon slash lasurases clime
were is the habit now of puttied forth. • pretties wilds
retastly be bad muslin to lamest and es nnnnn , bait lately
grows up of imearassee °Mem publishing that theft optimal
were itdispstable, and thus leadlig people into very false
and eoustiates very wicked speculations. The repheaties
to the Lamb plea said that a proepostes was issued by the
Westminster cane, in which they Meted that all the laser-
sects with the association should be unquestlaseble' tsar
where fraud wee practised. •gola he most my that be
lamented that this company, who so doubt were very re-
spectable—he did not mean to out say censure apes them—
should ham istrodatied sub. vague issessge into their pros-
pectes,leognage which was calculated to produce muse rtaisty
and 'Mastics. They did not use the word " iodliputable
but " enquestimable." TM replication to the 4th plea la
sobstasee mid that the &bedsits "mud this premiers,
and tbs.: the plaintiffs got the 'assesses • ffected me the
faith of It. Toe question, therefore was whether that re.
;dimities had been proved, sod be laid It dove a • poise of
law that 'fitengh there mum miasma to show that IM piais.
tiffs oversaw or sect upon this prospects it wadi thane
West for the Jury, leakier at all the elreimestimese of the
case, to come to the conclusion that they did tea ft, and
effected the insurance upon the filth of it. It was • &GIP
moot which was simulated gesersily, sad epos Moll the
public. Then mem mother quaint of law—wfat howl
was meant is the propel's? sad he wee of "Wm it
most be pommel fraud by the company so as to min tie
question on the first three pleas to which be had alluded.
The indasesteuts which were held out la a praepetestethe
public ought to receive a liberal interpretation, sad ems
vista! • pima !studio( to set upon them weld
saturally put spa. them. If the jury thought that
Mr Norris or Mr. Mew. 'thew Wan the low-
woos ems offered that Mr. Jodrell bad bed dlethism
tresses, or say other disease, leading to thorns, We, Say
would ham bees guilty of fraud, sad this Ibrir weld M
lii esplicaties ought to be kg the dethaithethhat he MAW
them io point of law If they maim ed GO MM then wee a
fraud on the part of the.. anthems thumb them might be
fraud on the part of Mr. Jodrell, Mr. Heald, sad Kr-
Apackmse, to Bad • math lee the plaintiffs upea the repli-
Intim.

COURT OF WHIM% BENCH.-D 99. 19.
sma At PIN ►uw •r oval D1.M1.-1/12,011 LOOS GAMOW,

wraILTOM AMA °TIMMS V. NARDISTT AIM OTE3I/11-H
AOLIMIIT 171 7/11111111111T11 Lllll ASSOOLLTION.
T , • mull of this case was roamed at the sitting of the
mart te d. y.
The atm use heemilit by the Nourish Reversioncry
Society, in Liatolee.inio•fielde, to remover 1,6004 sPos • '
police of Mumma, shish had been effected on the life of
Yr. Richard Paul Hayes Jodrell, la the Westesiester Life
hesematioc. of which the dedenfieste are the trustees.
After additional ninon had bees adduced ea the part
of the de fe adults
air. Sujout Bylos named up his erldesee. 11 was
quite sitar, he said. from the evidence on both sides, that •
Maud had bees peened co the Weetaisittf AINIMOrl•
tffice, and Le contended that the Met of Jcdrell bailey made
represeetstions as to the vales et his own life, whith were
emu.* to his owe knowledge, laulidated the policy nadir
the plea of fraud and snip. The Maned &masa referred
to sees nannies to show that it bad boa held that a
pima whose lid wee inured, if applied to for information,
wee, is steins such leformatird, !Ler eitat of
sad ntlife.
CI ttm.rierierewiralr. Be theny hie
submitted that Jodrell
meet is a mart of low be muted ea the risme of the
seeured, and that if he made a false mod frandukst state-
ment to the &rudest', the insureacie wee void.
L. rd Cam) bell—De yen man to my that if Jodrell said
ha never had delirium Means, sad the tompaey believed
his swarm to he tree, they are bound by the fraud which
le bee committed ?
lir Sedum lip lee maid that was his contention.
Lord Campbell—The. I shall role .saint ye.. It seems
to me that the three pleas raise the same question, and I am
et politica that you are not ..titled to a verdict epos either
of them, intim you peeve the allegation that the company
hour that Jodrell we* subject to these is firmities. It is not
moles to show that Jodrell knew it himself. I have made
this istimaiion in order to *sable lon to have my opinion
reviewed by the court above.
Mr. Sujout Below—Then us of the questions for the
jury would be whether Jodrell bad been galley of fraud
avid, if the Jury thresh% he had, the defendants would *veil
themeelves of the opplrtuaity given by hie lordship to take
the opinion of the court above es to whetbee hie fraud did
OT did not invelidato the pulley. It wee 'emitted that
Jedull had teen 'Bitted with delirium sad it wee
proved beyond donut that as had fits of eptleruy. Braid,
who we. referred to as the isthmus friend of Jodrell, but
hod not been called, se well u Spockman his medical
'menden. mast have well Miura this; bet they @oppressed
the teeth 'in their statements which were sent to the de•
fondants, and were therefore puilty of fraud. There
night be some doubt whether the pontiffs were
responsibie foe the mierepreseetatiou sad fraud of
these peruse; hat if, as he conteeded, Name
and Norris had hem guilty of fraud I. eciacealisig
from the defendants, whim they effected the pokey the
facts distitely preyed le be within their own kaowleige—
ms., that Joliet! Ind hen eallen to delirium tremenk sad
that his life bed Met relied Im • seamidershio aember of
assonsee eseepealm,_ Ohm ousted Mse mil of the mos,
bees... they win ells= et W issmish Reeemboory So-
ciety, and the solety mot be Mid rerpnoble Indrefir ens
The plaiatilis said tbey Medea the faith of the ishmlests'
prospeetwes. Ishii not all the pastes they
issued would be eagemellssoble. neap when heel was
prestige* is otrablei tat; but there waswar pied that
they em saw a pemometm.
Lord Campbell isM It meat be sessmel that the
poneetaaprodued leas paerelly 'intended. le which all
the Ginea's so** had mem
Mr. &Oulu Dyke utheeitesiliest the malty as whith the
plaintiffs relied by their seggicatioa depeadal apes their
bowie, este the premollas used apes it.
Lord Campbell shined me nobly winner they believed
that the plaintWo la the esamema course of bonne had
ens the proepeetue belle the policy wee issimmi, sad
mushier they end ova h. It wee SOS necessary to have
semen and positive ',them es the subject.
Mr &mum Dylan emseaded, em the authority of
" We • WSIO/I," is the 11th Baebegan Reports, that
es
the plaittilts ettleanewed to override a entrees soder
melee the faith of a propense, they nut prove that
equity by eltriwis• they had wee it before the wettest
wee emend Isla Re she argued that the word freed, Is ,
the meat hoed eommitted either by the par•
ties sr disk spele. Is emehtsioo, he observed
thus this was more el them moss of loud which bad se ase-
aastM es be hem what be might call a mighty stamen.
The frauds of Mew time wore men babies amp eed
with these of the presses.4fee. • mass mem wee kw
dopMled el bis lebsellasse ; Ms smisieme wave bestr
re a mere M lo mold sot sides Mae ha* mop the
moms of 63,0004., sad the treasestlea am &ailed as
attempt to imam Iticlife with almost sures of elms I mail
he submittal Mere was mat sae of the pertiesimplested
the tramoNisa le whom Me shop el basil bed set ,1818
ealistesseeflp brumelt Musa.
Sir PrelkeleThesior replied the whole um le
did set sips his teamed hind es to the esteem&
nary lespeemoss of the mottos. It was male. UM Mae
whether sit. jLI to say water very WYSS
Mal if
elish via., ea sedisary china ea a pane of
lasseeses, woe resisted b the lesmomes also Is
wow gamlNe usma whisk legesy sity meld 'mem The
quietism wee met lat habits er arty life of Mute
d, witch
whether he bal or bad see at say tine hem with
fluor delirium tremolo. If the plaistalls bad, la say
demise or premed obi* they med. is the ease. Ina
noted the Muth of the stammats maleisel rM Ile mi•
eleme fate tat defame wall bees bola inoshitible, but they
did mat pledge themeless le that moat. hairy say
Mims/ Met they believed the amounts sad peatisalme
18 this pmpesal ta question M be tree. It was Wormed
sakeetheis seserted that Me plaintiffs had nab ameeldbat
trams with Mr. Joie whoa they Mowed Ma this
messy. laimulrbirf a Mated stem es the Meth of Isle
Wars of 26 I I the bad, me had wee perpetrated
goes Me essmikeamheise. The Mm tis. bootees. was
lie melt of tbe met eseeful emelbems inlathepartoftin
of what ems the peeper mu Is dames& la futon.
nee aid thet the pliadi bed abets& pelislo ea Mr.
Jed I'm Rh 18 do imeuesef SUM. bat they led Is pay
OM
Om a ems of RM. t am to
hi livied Jodrell sad his sem bed Mod iler Si. pen,
Mop weld ham had to pay AM. With Despot to the
mgemsatthat Broil sad were to be sea&
derail se the -- sf the the loomed semsel

Tao jary rhea retired, owl after a briar absence kola wart
premed *boa . . _

Tee Nicene& read disirsordiet, which was to the follow-
leg eff.et " That JedeaS. Braid, sod Spectate* had bees
guilty of fraud sad sessesimost. Thst item was so fraud
as the part of Nardi or Macre, or the empsay tbey repro•
stated. Os the bent pies they fogad that direr, did
esiet—verdlat for the deludes% sad epos the rspitsatios,
they toned that the pagestaiss wr, piddle—verdict for
the platetits."

Lord Campbell—You Mak tka plaintiffs won avers of
the p►wpaags, sad Wasted the poliey oa des bilk of it, and
flat thsp were not sudsy el asp bead /
The jsry resvorod la tiv sanative.

COURT OF EXCHEQUER.—Dac. 19.
.1111101 AT PM TM AI AT SVILTNALL 24/011 TO LOAD CM.

STIVIO4OII V. $lllOlllllll PIII..—ALLM4ID VIZOLIORNOV.
Mr. Overland sad Mr. Needham appeared for the plaintiff,
sal Mr. both and Coleridp coadoeted She deism.
Tide wee es action Magid by the plabitiff so tomer
sties todearagewfrou tho ditioudeat, air Robert
iejaries steralued by ream of the alleged ad-
dress of the dthilibliri oodest. The defendant pleaded
Mt guil
Mr. Ovety. reed stated the ate to the jury. He sold She
plaintiff, who wee 64 years of age, wss a ecemisaiew spat
mid leg at fallow/a, sod having tocanionois the evening of
elie 7th filly, to go to Zeighteeridge, when be had heel.
ars with • Mr. Mittens's. was is the ad of mosses the
reed fim Hydrpark to Wiltaw place, when Mr Robert
reel's carriage, drives by his added at a fariaas rate—
tweive Noel es host—soaked hi. down, amiss severe
=aillsei• which he hod steel greatly infect& The
wee lobes to It. Oserge's Hospital, bet Moe-
wildly wee seevoyed hone, sad was eeshaed to bit bed
fre In weds. den width tide be had hese male hi ears
bie bolsi. his Melds deposing end* es his owe *tow
dem soodieolowpssed swieseled to 16 osbrojat
ei== "PM sempeseades he Ins of
sod , he aww sight to nosed.
Inas litivosess, the plaided, said—l da s etweadoles
3741-‘,.b.slitridicraer•N iaßkShe Tab
ifallergiees. I wan a Mood, to
diem des sai attewood to am the rod iron
the yea Wiltee.plese. I del say that I was
eate wordes, bat I wee es sou to it es piddle. As I
wee e Melt • blow o• my right aide, whisk hushed
widows. ws
illlsg with my lad edswards. Wins dame I
faiths died d s hado's beds tho bed of ay add. I
sits s blow es ea Mk MR. bees de them eons to toy
eddies* tad oohed de id. I wee at drat takes to at.
Gimlet Rralloftal, bud was esbedweetly renewed to Mr.
Weatandes, of Kelehtsteridso. 1140 odesiesaily my=
id Maybes hod ay weeds drooled then, I was
bone Is a sob, sad wee sesilsed te ay bed few Ave
mks. My duties isreerthated say was a great
deal, awl I end to navel widi tees 16 or 20 wiles a day.
POT 16 weir I law ad bed able te de anything to ears
ay needled. Isis Ys mildest I bad oily weed Most
30s. or 21. My ladoes, withlidopeedied shiny ow say owe
unto..,mounted le M. • wed. My dodoes has
Idea eat is; Itseadate to Id Owed
Crow daniesd—My dodos Ms Mr. Westerns eassisted
is bolsi Is seenedes with ea monis:lost for the
reformed trssiwa. Mthe nears of two widen

spots
that Ibis intim Sarib-Tb• Wasimin-7—ime el bussesiabill. ft reproaant Weetaladoo
SEM IN Ma the la ap lb* MIO Maw al ri="elootist. Os the is
'sly I remind Riming'
MISS Sillablbrip Maio wield sawn, Woolontoss hot the week helms I only voseived part
RUSSIA ba Wrip Okla'gs if, mom them abosmilmins. w ot that mensant. I did set gamin Ma. from Mr. Wester-
plinllll woo bill mapamillo At Witair mamas is dm Us fey 15 masseatim weeks I was paid at
osallesid wt b dreraller sod Shirt, who apnea se the Ms of 6/. • day, amordial ta Ma services
=lime mad ante Hat Jodrell bad asiblod from roadefed. The remainder of my weekly looms, 10s.,
inlannitituteestirely madamervias M b sZ whim was err uP by Mersin of Para at ofisiklwore
II ealdlimmay of Mem leatamea. I 'moot say &heti was on the orossimi, butt thought I was.
MM ilito
Oompbeliella swamis' up said tbs osifiesuan did The sight was quite light. I did sot `sear say one all out,
ant desy Nom May bad szembadibe policy la gaieties, Nat and had r o latimatioa that the farrago was cosiag till I
tile., illosnditheaslishality ; sad the Ant ate. pl. ~bisa was Mocked down. I don't know whether the driver palled
Whoy hod pat apse the mooed, sad whisk Were sabstantlelly of. or at what nil ho was aaiss, het owtololf ha yew Pow
tems alleged that the pointy was fraudulently °tisanes. at a rapid pose. Whim I got up the sudsy meat
rap eeilek ens io pat a emotraellos is pante law 7:tdett still, as it sprats& to ano that it W 64 backing Wow
mpistimmo gibs% aid he thosight they imposed mug far as I could se antes& rho Imeteaders were
IS igiaindie eonimay, obi* was sepremaated by Mr. the 'cashew, but I wee so shake. that I can't speak
Mar awl Mr. Maws. His was of spades that if Ms. lively. I don't keow that Sir Robert Peal put hie
same id me. maw, bed aaaausata theotwl944 with eat of the carriage wistlitter. I think there were two ladles
bump spopiagarial is sans ssisamsasas, washes sawe Is the eaniage. I walked, sipponed by two rasa, to the
goon- ibs woe ceemaliag, the defendants could sot motes Wawa', sad heal the Wows_ Ito the haintal. I have
614.941194 h 7 swing suss was fraud amiss by "tabtan, been deal slats the ides
aid mot tell the po
laws, we was nasima. as by lac saw whoa the. amides% oanned that I wee deaf, and Jul
iet
][4. einiwhow. has two mama bat a alas yobs a bear the carriage somas. I:night have said that I had al
law wow es that sabirst, and it was very desirable holdall's( boolliww.
Mt osly der Ike preesat molten. but the publie, that it iteamsalaed—The earflap was gels, towards Hyde-
sisisald tie soismaly derided, sad for that pupae he wield pork Comm Two Pima° took coo to the hospital. My
mit IN /sly Moog whether them was tread by Jabot/. Morbid sad isoworY an dotowicif is few, sy ft•rv••••P'
Beak at But altbeigh they should lid that t is ormapletaly shattered. Humble was the ease etre
ea I• r d yaw were guilty of fraud, he should direct •
.. ml_
_ll _ %rhos I was Rookiollb Ws were sot ia this Wigs
neat te he Nand for the plen unless tiffs. unle they am .
id Lwocoow.
Maas to tie Masilmice that them was fraud either as the wilW°ll Own" n Mr. WwW•rnwr Witiallee
pen et Mr. Needs at Mr. Metre, fat that after ell was the St. Roortee.ilao*, Roahtsbrisigo, hayloft sorrohocated dr
mum napeeleng iseekek, H, abeam tabs anis ayboaa imitates of the plaiataff is roferame to the mode la +lash
Inetaniii is both triton et re wisp, 49 that the potato of law he was liseeked dose, said the coachmen pulled op whew
swots gasolossas be girdalthesly datssunsa, without the plaintiff was hatched dove, sad backed; the near fora
ametkon jury berg darneen to immetigate the nets, wheel Isaias wined ea his body. The earriage was gong
Thawworialoisiovideass to show that Jodrell was elided ad tir Per dfl2 alb° aw awl?*
with Adam tereess eat epilepsy, sad addiated to habits Crow samalasd—There was as attempt to poll up tin
of great Wes presee, eat that be was sot aa ineareble after Ow pleiatiff was knocked doves; It Ira thou paid
life. Mu marl have lariat that fall well himself, ash he sp. The earriago dose proceeded. I had total' the comb.
(Lied Onspholl)abashi think they would be *leptons, bat sea to back the carriage. the wheel of which was resting
the y weal ism *Mr ow' Jed/sent upon the matter, that on the body of the plalotiff. I don't ham &mythic' shoat
he ray, by seppeteres sad asterepneentatiew, was guilty Mr. Westorten's emotions with psroshial maim. I did
of what would assmot to fraud, if toe pialetiffs were boned am Bir Robert Peel pot his head oat of the carrier-
by what be did. Then was seldom* oleo of a positive sail- widow. lam leaded, aad will wear, that it ma pas 8
repreentatra by Bead, the referee. He was the sweats, o'clock. I did sot mania with say Maud the pleatrafter
mad he (iffrodOessial.) was afield also the lostigator, of I .striated bis from the carriage. I len his in the
able mos ;he knew bit habit, sad the middle of the road. He could not hem bees is better beads
Alma they , sad ft seemed quite clear that than atom of the policemen.
mhos nede fepriviatatises to the Europese, which &aphis Hoy. policeman 118 B, was seat walled. He
won heart over to the Weateainater c Ma, he joust have said—l maw tbe maddest which I, es was my duty, reported
bra awn that what he stated we, not true, sad that he to the issrotor. The defeadast's maim* was going at
bad eappreded what wee material. He, therefore, thought the rate of nice or tan miles an hour. I saw the animal
Map Wald have very little difficulty in corning so the eon- am from the pavement; be west eight or tea feet before be
aloft that Bad was guilty of Freud in these teammate's. wa knocked down by the shoulder of the user side home.
The etrisase eke esomed to he Title Spark.... Ha de- Them wee so cressim there; the oressinn is a. twisty
and eeps paneent ksowledgs of ea Hat, bat he froweeetly yards elf. At the Use the accident oetarred Mose was a
reel WS hawed and took wine with his ; and tilted sort pewriag nearly is the middle of the rood plat
if the wham Drees could be believed. ha had towards Brampton. I eget say whether the iasehnu
biradt desired that the It which Jodrell bad in pulled op or tot, I was looklag at Mr. Stemma. I Weal
the env hag room was ase of delirium Stamm. moms people call oat. but I don't know who they yaws. I
With regard to limb sad Mesa, the evideent wes sow was is Aeon of sicking his up, when some Owe called sat
,rod they would fare their owe opinions upon it. to go a little forward or bark. I coal say which, but the
(Lord Campbell then reed over the evidence of these two ferriage went fcrward, and the tort-wheal want ever th•
pitons, and of liwetanham and Shirt, the two witness, plaintiff 'a leg. I did nit sofa pleasantly windier saw
who teatradieted them) If NOM/ and Maw* had first lent one put his hand out of the carriage vied.... The Anew=
money to a man who they knew bad beer 'Mated with told me that the carriage belonged to Bir Robert Peel
delirium tresses, aid tam endeavoured to obtain in The Chief Baron—The witness followed the proper
mimosa upon hi. life. they were guilty of a seattlelous mom. He did am spook to the man at the wbsel—the
fraud, hat tt ey would look to the ladiscamenta of the parties. cosehmaa.
Braid participated is the seem, lad had a smog Crosomssine?—The people relied out heftwa the am&
native for nattrepresertatios aid fraud. Sparkman jollied dent mewed, hot I d not think the plaietiff could have
in the omits at Jodrell's resides's, and might hies had a tamped the amident. When he came in costect with the
wish that they should be cootiou.d, and he perhaps apish* shoulder of the bon M'te seashsaa, I should my, attempted
have stretched • point for the purpose of getting policies to mill up.
affected, without wn'eh moat, would tot he advanced, bat Re examined—There was • tab 'media" Sir Robed
at vamp very improbable met the oMe.rs of this of say Peel's tiatTinge, bombs carriage did sot ,went nos its
other remisimarp cusp ay, would ho sniffy of mob fully course, or ants pt to pas the cab.
ea to Meats, drat, b 0001. sad the& 13,000 a. to • man at MS I Otioryre Stales od, mimesis to Mr. Wootevicit
4cowilttion, whose his they home to be wholly uslastrehle,' wintered the saddest. The defsiedaat'seatrillit• was golsg
fOf mime they eucciedtd in mule" valid latarenete epos at • 6?•••110114 rats, I llppo6lo they wet* tato for the
his life, they bad little se ao chance of getting their mosey Que..', bell. (A laugh )
back; but Sin la their eagerness to procure hasitme, they Mr. Beech—At that hour
laldbi•with the foil knowledge that ha We wee sot ire- Kr. Ov.natt— I sever bet lb. hewn of going to the