The Express.
London, England, 1860-01-21 00:00:00

MUM' 11. TEO RAILWAY PA./MOUS

za~r.-"soon nwwnm."

cox.

This wee as motion hied bikes the Lord Mel Baron, at
Guildhall, Is July last. tr mom 25W., the amount of a
riceldag liesuranee. The diskration stated that the de-
limit a polity, hp Midi the deceased was Insured
hr ass pia ter 2601. to sec b Obsold sustain any Wary
eased by aceiiimt or Mho* or shish* die from the at
of snob within three months tram the ha/omelet( Pseud.
Tb. policy °retained a proviso tbst then should be its Min
ht respet Wen Wary or injuries, at disth tberebbia, sakes
they wire caused by wise riummil or visible mess made-
litolardy proved to the head of dhotis". The
_polio, wia
sot to sttaide to iambs km natural mass,to dads hem
medial aid resdind aeassary by Mospeor dull(, err kow
the wilful MAW We Meted in expedag himself to sweat.-
miry denier at peril, sr while in aPP of into:imam. The
brawl' st Me p&p rested ups was that the d
illgeemed
enstelsed kludge by ma weidant vials as WINA el the
yolk,. sad that be did km the aisle tleare44 and Mikis
throe matha of ask boggping. bee Ike dellandple hid re-
fired to pay. The idealists giesid that he MI set die
from widest wields the =wilt ad the volley, aid that
istidectoey pedal Ikea lid set km furnished to the etes-
reiLeThe wasp Its MI pkiselist the trial me kW the
i PM, stribei lisistl4 bed la Ilaplimber,
gone to Brighten to Was. Os Ike Y be Itleb
•ticket sad bad weer Mose beis motet Is Sep-
Imber hi. Mew asesbid semi deems bed es the sews
et • leathleig iewhise el isigbari. et ths be vast
le Walton- owlie-Ness. as/ era OW Ha dal taro:
amt which bad bees wailed es awe, see so
peed that as memblesse mkt Mr lessell. M Is other re-
spite it reemMad amyl tber=l4. Ta. bligh
lidag the warkbellibewleg • heMead, seedt
bath having • disable tool!Meek( hist /owe, jaw.
The brother believed it was the body of 1110 ediebg brother,
but could sot speak positively. At the lap: silmosidthit isms
a verdict of "Pound drowsed." It was that the
alleged miming policy bailer Sad Wee
policies against MMus sr kWh 17yk=sitt. sad elm. en
ordipa,poticy aa death, waseirdisi la the aggespeeto
NOR TIP °deft ma wee the dm sir Pe alleged death
a sink ems, sad it metrOsseM baskropt. The polides
WOO martgageda tzstiates. mid the insured had takes a
eilsetios se an . Although h, had no
prepwty but the polfelea.frai r liC
in Amulet, 18143, made a
wilt disposlog of soy prepety Se zaftig subsequently acquire.
No money was found- at bit laptop or in his clothes,
and his silver watch had net bass disarmed. He took with
him a carpet bag, but its contaats were not identified by the
wigwam at the trial. The Lord Chid Berm held thereinto
as whims to go to the jury, wed directed that the &PM
should •be somdted. Mr. Hawkins is November km
obtained a rule, celliag on the ildendsste to Show 1111111
why the consult should sot be set aside, sad a saw WWI hid.
Mr. Lash sow showed eases spinet the es* contesting
that there ware may seepledon• cactunstasoss in the ems
with the finding of the body at Walton•on-thaNam.
Mr. Boron Martin leaked if the man had turned up sines
the trial?

Mr. Lasb—No, my lord.
Ti.. Lord Chief Boas—Noe will he till the ow is dis-
posed (Langtase.)
Mr. ofLeek then couteuded that the plaintiff, who sued as
executor slam supposed dicessed. Imam entitled to recover
under the tame of the pokey, se ne peeelefoutward or vitals
marks of death by accident had bees famished to the coca-
reny. The missies ass had been • Imakrapt, and his estate
had aver paid • lierthing, eilbengli be bad previously re.
Weed anew es the pilau. Holed less sleek to an item-
scope it SOL • , sod be bed lois • we directig thei
Ids debft skulk be yearpaid 11.11 the mph' Melded smonasn t Me
relations. Behests the Agee edam we sad the policy in dtr
peM be had effseted two crier pollies de the Accidental Death
Insurance OM's. On Bs.. BOW task a return Cobs. to
Brighton, taking with bin •me pee leg. On the Monday
morning he beheil. but MOM d earning on that evening
Its kit his trines home at WOMB m baths again, taking
with him Ms owe beg, sod el Ore tree bnown of him was
that on the Op els bulling molds. in front of the Bed-
ford Hotel, sod em • behht moonlight night. his &mho
were found. Os the Mb of hashes a body wee imbed
whore at Walton on-the-Mee. Y sue • state
that the brother of the soidellana midi not N. The
learned counsel in eseolusles abbsiehell that the death of
the doomed. if preendoese teet easeed by cirimmoteame
which were while the team elithe policy, and that therefore
the rule Amid ha dlesibmged.
Mr. &dust Delbadas sad Mr. Phipece followed es the
same side.

Mr. Hawkira enhatitoed that the rule must be made abet:s-
lum. did oentended that the matter should bare been sub-
mitted to the fumy, and that the airomudenoes nadir which
the domed died were within the terms ol dm peaky.
The Lord Chid Boron salted if the leered waned weld at
the trial hays prodatmt more widows at the death.
Mr. Hawkins—No, my lord ; bat I hal two witnesses to
oorroborde the brother is his belief that the body food wee
that of the insured.

The Coid Mamma rid it woo a Pry supidous
dtoam-
etuoa that to doossoad, es allopd, hal famed WI life
In cam which were not Galled upon to pp is 999 ore out
of 1,000.

Hr. Hayrides said it WY never suggested that the deemed
had bought another suit of cloth*, and had left them cm the
*eye of the hathbarmeokine. When the rule was nerved
for, the Lord Chief Baron bed said that so doubt they
would boar more of the ilsomaid, but be krad never bees
heard of entre, and his lordship had alluded to the mos of •
man 100 years age, who lowed his life three times, had
three times retureed to Roy, and had three limes recovered
the
pie Le policy. (Liagliter.)
odchial Haron—That cue Is well authenticated.

Hatrlass—Yes;anci there is another awe of aentle-
men who was sot frantically attached to a widow lady to
whom he had promised marriage. IThe brought an tactics
against him for breach of promise of marriage. and be, haviag
deposited his elothre on the edge of a precipice, and having
labia "a last fond look" at the yaw ni rig aby.a beoeatb,wallted
off In an opposite direction, leaving in the pocket of his pants a
letter, with this adieu, "This is tby doing, Penelope Ana.'
(food laughter.)
The Lord Chief Ilaron—But ha that case no mengisd body
was found.

Mr. Hackies—No, my lord; for the supposed doomed
ultimately turned up, and gave a graphit mould of the
manoeuvre by which be had got rid of the infuroded widow.
(Great laughter.) The harmed coward then argued at tame
length that the deceased cie.rly died under circumstances
which rendered the ddendenta liable.
Mr. Francis tillowed on the same side, contending that
the insured bad gone In to bathe, and had Leen carried off by
a ground swell.
Mr. Baron Martin, in delivering judgment, said, that even
admitting that the body found woe hat of the !muted, yet
he wee of opinion that the death did not come within the
terms of the policy, because there was no evident)e to go to
the jury that be died In the manner which would make the
policy attach. The whole of the coos showed that the insured
might have died from natural OSUMI, such as apoplexy
or spasms. The rule rhould therefore be discharged.
Mr. Baron Watson wee of the same opinion.
The Lord Chief Bares said that the one from the very
opening gave
the trial, and Lit `..°lr.a.",`C'egriodyßOtwa:e4pertnifcoatial
waS not that of the insau;d, but that the latter we. now
somewhere walking the face of the earth, waiting for the re-
sult of this case, and ready when it wee diapossd of to rear
the fruits or to enter Into fresh policies. (Laughter.)
Mr. Hawkins—ln another form, my lord. (Laughter.)
The Lord Chief Baron—From his experience of this oar,
he will then leave evalenee of his death more certain and less
coutiogent than now. (Laughter.) I awe that this rule
ought to be discharged, and leave the circumataccee of the
ease to the chapter 44 accidents; sad I hype the deceased—
lam obliged to call him so--(laughter)—will amend his
habi,a—that be will sot bathe twice on the same day—
(laughter)—er facer accidents which are not likely to accrue,
or walk thte the water WWII there is a ground amen.
(14afflofg.)
Tba rale woe them discharged. with lines to the plaintiff to
appeal reboot giving seetrity for the owe.

The Tasmanian, which left Southampton on the
17th ult. with As West India Ina, szperieeeed s Winding
snowstorm la the Chaewel which must neve been dangerous
to the shining that wee to the nude; of tt. The Seesaws
I. sonniated to take oat the Wait India MAO on sue bad
proximo.