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London, England, 1824-07-22 00:00:00

--, - •'''j .- ' —%---.._._—. and Mr. Ventre was her brother-in-law. She never called dpeti,
gentleman was 3lr. Cuy, of Chichester. The answers were lads. Mr. Allinson, the plaintiffs mown, in her life. She had n
i.,ctory. • , sister named Sarah Ann Young. She once called with. Mrs. Venn(
The questions and answers were here read. :.t Mr. Allinson's office. The bill was handed to the witness, who
la the roan& of June following Mr. Spencer applied for an in. swore that she did not know the writing upon it. 'Pities lived
Durance, but I did not thee ase Colonel Lyon. ' with her father ; Ale Young lived in London. She bad heard her
emes-examined—l have been twelve years a clerk in the Pelican father speak of bills oneeor twice, and her father gave Mr. Young
Office. Mr. Spencer is in the habit of effecting policies of in- leave to accept some bills for him, which he had done The bilk',
sunnier en lives there. He has live per cent. on every premium. had been paid. Witness did not know Young's hand writing,
It Is customary on SU& OeCIIIiOIIS to mention the name of the although she had seen it. She believed the bill then in her hand
medical man, and • is made to that medical Dian tem wet not Yonng's writing. She had seen a great many bills at her
Alas known the def t the peatest length of time. I have not father's with Young's acceptance upon them, and ~time had been
ndietinct recollection artery particular which took place with ( 010- rid. I
nel Lyon reepeathg his health. Ido not recollect the appearance , ('rots,-examined by Mr. Sergeant V .ecnew.—Ylking e=sded
of enigma Lyon, oredo I recollect that there was any difficulty in the bills on her father's account. Her father had not au
effecting the insurance at the usual premium. It was at first au in- Young to accept bills for him generallv.
Durance for life, but it was afterwards altered to seven years. I Mr. Score was again called, and proved that the acceptance d
Eiheardi4Viber--I was clerk to the Pelican Insurance Company . the bill in question was Young's hand-writing.
in June. I presented to Colonel Lyon the paper containing the I The proceedings under Young's Commission was handed to Mr.
c ietansty questions. I took down his answers, and he signed the Scerc by Sergeant WILDE, but
pcper-aferwards. Colonel Lyon did not stay more than two or ! Thh Loan Cuter JUSTICZ raid that he must use his own
firm minute,. The questions were similar to these proposed in ; discretion whether he would allow them to be put in.
Mr. Sergeant Wien) submitted, that an Attorney could not
leiri., were put in and read. I refuse to put in proceedings of this nature without he could prove
Charles Jadan—l am a surgeon, residing in Chariest-street, that it would injure his client.
riteroy.aquees. lam an army surgeon. On the 27th of February, His LORDSHIP repeated, that Mr. Score must judge foe him.
11123,1 was called in to attend the Colonel during part of his illness. self, but he would not compePhim to put them in.
He was attended by Dr. Yawn He was labouring under a lira The proceedings of the Commissioners were then put in, to
affinitive. Very active medicines were prescribed for him. prove that in his examination before them, the defendant had ac-
My attendance continued for three months twice a-day. On the Inowledged that he had allowed the bankrupt Young to accept
4.11 of March he was mitered twelve leeches, and four draughts' some bills for hint.
woe prescribed for him. Ile had a tendency of blood to the head, I Mr. Sergeant VAUGHAN', in cross-examining Mr. Score, seed
which arose from irritability of the stomach. This medicine wan 1 hint if a meeting of the creditors of Young had not been called,
in my judgment necessity for his complaint., During the period-I : for the purpose of deciding upon producing the prom-clings under
attended him. I have repeatedly administered draughts to Colonel I the Commission in this cause ? The witness replied, certainly not ;
Lyon, and bled him. On the 13th. lath, and 16th of May, Col.' the meeting had been called, and took plate oo Monday last, in
Lean had four draughts. Ou the 17th one, on the 19th tour ' consequence of lilies Life having brought three actions against the
shinghts and pills; and also various draughts and mixtures on the messenger and the pawnbrokers ; and the object of its deliberation
:'''d, 24:h, 29:h, and 116th if May; and also on the NI, 4th, and' was, whether those actions should be defended.
Init of June. Ile had leecheson the 9th, which were applied to I file. Sergeant VAUGUAIt, for the defendant, contended, that r
the haul. I Mr. Life were liable, there was a eet.olf by the deposit of books
The surgeon here read the several dates, sad the medicines and prints to the amount of the bill of exchange in the hands of
which we...administered to him: they were mostly draughts. the plaintiff. But he submitted that he was not liable at all swan
Mr. &aflutter—The draughts were soda water, 1 suppose. I that bill, fur he had not given the bankrupt a general, but a li-
tA langh.) mita' authority to accept bills for hint.
These medicines were prescribed by Dr. Veitch, snd I followed I Invoices of the boots and prints deposited with the plaintiff'
his direction. were put in, and
Mr. John Choeley, whose name appeared on the bill as on
indorser, was called; and stated, that when the deposit was made
of the books and prints, the plaintiff said noshing about the bill.
Witness had opt said to him, that it was in consideration of the
bill. He had paid Mr. Greig IV. es. in part payment ot the bill.
Ills Loansnir left it to the Jury to say if they could hare any
doubt of the liability of the defendant.
Verdict fur the plaintiff—Damages 931. N. 6d.
CAMEIOII V.
This was an action brought by the plaintiff against thedefendant,
to recover the sum of MiL under an agreement. It appeared that
Mn Cameron was the cousin of the defendant, by whom she had
a child Delia she was married. An action had been brought
against him fur the maintenance of that child, and the attendee on I
each side had settled the damages and mats of that action at 2201.,
501. of which were tole set aside foe the benefit of the child.--
The defendant had refused to pay. that 501., and an action had been:
brought subsequent to The execution of the agreement between the
atennies, which toot place in June, 10320, against the defendant,
for the maintenance of his child, in which the plaintiff got a ,
verdict. The present action was also brought for maintenance of
the child, with a special' count as to the 101.; 201., the amount
claimed for maintenenc ~ was paid into Court.
Mt the part of the plaintiff, 111 r. Field, his attorney,produced the
lineament, and proved that the defendant had said to him, when an
arrangement was originally proposed " tio to fir. Martin (his
auorcey), and I shall be satisfied with whatever he arranges." It
was also proved that sf. had been paid on account of the agreement,
by the defendant's fatten.
Mr. Martin, the defendant's attorney, was called on the part of
the defame, who stated, that he thought his-client must hang I
known of the agreement before its execution. It was tine, hi;
always grumbled about it now ; bnt his impression was, that he
was authorised to sign the best agreement he could for his client,'
and his belief was that he had sanctioned it.
A letter was here handed to Mr. Martin, from the defendant to
that gentleman, in which he states certain sums of money paid by
him on account of the lady, and claims them is sets noff to this
pan men t.
I'erdict for the plaintiff—Damages 50/. unless that sum is vested
in the hands of two trustees for the benefit of the child ; one to be
appointed by each party by the first MI days of the next term.

t — Lyon Unproved order my attendance.
lie wee so for recovered as to be *le to go about. Ido not meal-
led when ha first went out. I saw him in August; be had
tedebahated appearance. Colonel Lyon was an active man.
-Dr. Veitch--I am a surgeon in the navy, I attended the late '
Colonel Lyon from the 4th of March to the let of May. IThe
prescriptious were handed to the witness, which he proved to be
his prescriptioual Colonel Lyon's complaint was a violent in-
hanunetoty affection of the liver, accornpani,cl with symptoms of
fever. In my opinion the ..medicines I prescribed were neceuery
for him, He was frequently bled under my direction during the
ieriod of my attendance. If I were applied to in the mouth of
May 1 would not give a certificate that he was in good health.
CrossemenrineeL-1 don't know nor think that there is a con-
Lesion between thtigout and the live, complaint; they may affect
rah other, but they do not originate in the same source. I have
no doubt but that with temperate living he would have recovered.
Up to the cod of slay I could not have certified that he Ras not
affected with any disease likely to shorten life. In May he had a
very powerful dose of entail& A person of very gigantic stature
might take such doses travelling.
Mr. Seaiteeee replied.—lf evidence were wanting to show
that Celine{ Lyon was a man of sound constitution and gond
health, it would be found, he thought, in the circumstance of
leis UM/1g resisted all the draughts and medicines which were
given and prescribed for him by the last two witnesses. He recel-
Ixeed a story of a patient who thaw ell the draughts he had re-
ceived into a vessel, and when the medical man remarked that his
medicines had done him good, end wished to see what they had
taken °ibis stomach, the vessel of medicines was shown, and the
medical man exclaimed,. " Good Ood, if that had been in your
stomach it would have killed you." (A laugh.) "So I thought,"
'TOW the patient, " and therefore I took none of it." Ile con-
tended that the certificates given by Colonel Lyon were perfectly
coaeistent with the evidence given for the defendants. The cue-
bastes stated that be was in good health, and there was nothing in
them, in his opinion, materially at valiance with what had been
stated on the part of the defendants. Colonel Lyon may have Seen
ill a short time previous to the time at which the policies were
effected, bet his genital stets of health was the proper consideration
for the Jury. For his own port, be (Mr. S.) was in the enjoyment
of very good health generally, but be might be liable to temporary
indisposition—if he had taken one of those doses of calomel
white the doctors had prescribed for ColosekLyon, be might perhaps
be detained frorn Court far a day. bet ne person would say that he was
tot hi a fit state to effect a palely of insurance on his life. There
eras 113 proof, he contended, of medical attendance in the interval
lbettmen the effecting the drat and the second policy of insurance.
Dr..Veitch may have casually met him, and recommended him some
slight medicine, but there was no proof of regular medical attendance.
What was meant in policies of this kind, was not whether the
pert= insuring his We had been affected with occasional indented-
Von, but whether he had been affected by some organic or heredl-
tie v disease. He therefore trusted the Jury, in the absence of tech
pr...uf, would not deprive Colonel Lyon's representative of the
lxneet to which these policies of insurance entitled him.
The LORD CHILE' Jinn- ICE. in Charging the Jury, told them,
that the consideration tor them was, whether Colonel Lyon had
fairly represented the state of his health at the time he effected the
pit:hies of insurance. Although it might appear bard to make the
p:rson who lent him the money liable to the lose of it ; yet if,
frau the evidence, they were satisfied that Colonel Lyon did not
glee a correct account of his health, the consequence of such mis-
represent:Mon must fall upon the present plaintiff. In considering
this question, they would observe that be bad not referred to the
kbysicians who attential Wm last, but to one who had attended
him some years previously, but who was stated to have known him
the longest tithe. There were two policies, and they might, if the
Jury thought proper, fawn subj tXts of Separate consi&reaion, as cir-
cumstances onghtaffeet one, and which were not equally applicable
to the .other. Their opinion of the fineness or incoercetneet of
Colonel Lyon's statement to the defemlants was the consideration
wetch should sway their decision of the eau. If that statement
were in their judgment fair, their verdict should be plainly against
die defendants, if not, it should be in their favour.
The Jury consulted together a few minutes, and returned a
verdict for the defendants.

COURT OF COMMON PLEAS, GUILDHALL.
WEDNESDAI, JULY 21.

&Are CHIEF JurricE and a Special Jrry.
tirlrEllitY AND 0T11F.16 (AnDIGNESs) r. PETTITT.
Mr. Sergeant VAUGHAN', in stating the plaintiff's case to the
Jury, observed that this was an issue from the Vice-Chaneellar, to
try whether there was a partnership existing between Henry and
M. Philips, on the 9th October last, so as to support • commission
of bastkvoptey against them. The plaintiff's were the assignees of the
bankrupts, and the docket was struck on the 9th of October ; lest
in consequence of the Lord Chancellor being out of town, the
Ceratnenion did not issue until the ilith of October. Mrs. Philips
tarried on business in Petticoat-lane, as a furrier. Soon after her
husband died " Philips" was on the &sr, and afterwards
•.` Philips's." He should prove that bills were accepted, and hills
of parcels sent nut in the name of Mary Philips and Soo, and they
had obtained credit to the amount 16,099 f. under that firm in
ten mouths. . .

'Mr. Wilkinson, en accountant, who had receivedlfrorn the RICA.
Ff:;gef of the cominisstion the books and papers of the bankrupts,
in order to arrange them, prixiuced invoices addressed to 31.
Ps.iiips and Soo ; and also bills drawn and accepted by them, to-
gether with letters addressal—" M. Philips and Soo." This wit-
nelealiio proved the haod-writing of Henry Philips, and put in
three bills drawn by M. Philips and Soo. In the course of the in
vestigation of the papers, he found no invoicts or receipts in the
separate names of the parties.
In his cross-examination by Mr. Sergeant WILDI4 the witness
said that Mary Philips could nut write.
M. Myers proved that he had mild hats by commission on account
of- M. Philips and hiesx. Ha had dm* so thirty or forty times.
Id dud was pot intei the wiineses hand, which had " 51. Ph aim
and Son, 3liddlesex-street," printed upon it. Alidillesea-street
a•rd Pettlenat-lane.are the same.] He said he had seen a great
number of these carila, and others, upon which were engraren—
" 31. Philips and boa, llerooshire-street," where the bankrupts
bad another warehouse..

oliserved,that he was not in a condition to
-reLtat this line of evidence. Ile could nut deny that invoices were I
•rcesired in the joint names of the parties; that bills hod been
drown and cards seat out in the same way t but he could prove
Drat tie profits had bout divided, and 'hit Henry Philips sups
patted his mother. The raise before the Vice-Chancellor had been
stronger than this.
'lir* LORDS/I I t• said Oat he could not tell what was gning en in
Chancery, but he thought a strong case bad been made out to eon-
Wm the partnership.
Myer Myers was again celled, and stated, that he had himself
received invoices in the name of "M. Philips and Son," from
*sty Philips; and slut had said to him, as soon as you have sold
Use goods bring me the money.
The commission of bankruptcy, dated the 16th October, 1823,
was put in; and a wit3csa
•.isher Hart, Karst!. that Mary Philips had acknowledged to
lam her partnersldu with her son. The 'duress had been wrested
upon the allidavit of Ilenry Philips, as partner with his mother
Mary
The allidatit o.'th debt was put in ; ard.
'Mr. &want WILDE admitted that he could not rebut this
evidence.

POLICE.

MANSION-HOUSE.
Yesterday Ilfielead Crawley, J.. Ward, Lerma Crawley,
Neal, and a boy, were brought op for a mead examination under
the following eireurnatsneeer—On Sunday evening, about slit
o'clock, the family at Mr. Netfleisitl, voiding is Idol-Lae. Tower- ,
street, were thrown into the utmost alarm in consequence of the ser-
vant running into the dining-room and crying out that she had just
seen three men conic out of a vault (let by Mr. Nettlefold to a Mr.
Wagstaff; a wine and brandy-merchant), and that one of the men
was carrying a large copper can, and go into Mr. W.'s counting..
house, which is the lower part of Mr. Nettlefold's premises, and
communicating with his ball; blr. N., to satisfy his mind as to
the correctness of the girl's statement, went down stairs, watched,
and was soon convinced of its truth, by observing the door of the
counting-bouse to be nearly closed, end a man's face visible, as if
on the look out ; Mr. N. immediately knocked against the parti-
tion that divided the counting-house from the hall, and requested
to know who was there, and received for answer that it was only
Mr. %Vagina's boy, which Mr. N. knew Iris false, not only front
having seen the man, but from the answer being given in a orian's
yaw t beaten forced open the counting-house door, and found the
girl's assertion verified, by finding three men. Upon being asked
what business they had there, one said be was sent by Mr. Wag-
staff to teed a cat ; another, that his name was Ward—that he had
done nothing, and would not be detained • Mr. Nettlcfold, how-
ever, insisted on dui, remaining until he Wad obtained an officer to
take them into custody, which being done, and the men safely
Weed in the Cempter, the officer returned, and searched the pre-
and found a can with gin in it, and a two-ganon keg filled,
also a tea-gallon cask partly filled with spirits, which had been
drawn out of a vat in the vault. The prosecutor's servant girl cor-
roborated every particular in the above deposition.
Mr. Wagstaff stated, that in consequence of being unwell, be
was unable to attend to his business in Idol-lane fix a fortnight,
Airing which time he had trusted the keys to the boy again, for the
purpose of admitting the Excise-officer, in case he came to take
stock; he had caused his gin-vat to be gauged, and discovered that
he ha lost fifteen gallons out of it ; he also missed eight gallons of
epiri.s of wine while he had been absent. On Monday morning
early, Mr. Crawley and the boy came to the counting-house with a
basket, containing a quantity of empty bottles. On being taken into
custody, the officer and Mr. 'W. examined the bottles, some of
I which they found to have the remains of gin in them, and there was I
little doubt but they-were brought with the intent of being refilled.
The boy, in his defence, said, that he went in company with
Crawley and Ward to the Royalty Theatre, at which time be lost
the key, and suspecting the former to have taken it, he challenged
him, bus Crinky denied all knowledge of the key; in consequence
the boy had another made unknown to his master ; it was therefore
supposed that the prisoner had let themselves in with the assist..
I once of the loot key.
At the examination on Monday, a respectable person attended
land gave Ward an excellent character.
On the LORD 31AV0n.9 taking his seat this morning, and the
prisoners being placed a: the bar, he addressed them, and told them
that he had had considerable difficulty in acting in the present in.
stance, for he had strong doubts es to whether he ought not to com-
mit them ; however, as the psoseeutor did not wish to prosecute,
in consequence of the good character that had been j,iven to some
of them, he should discharge them ; bethought also that one or
two of them had been drawn into it, not knowing its dangerous
features—the ley was decidedly the worst.
Mr. Nettleton] wished to inform his Lordship, that the mother of
the boy had called on hint, hoping his Lordship wouldpunish her
von, he being entirely above her control.' The father and moth r
' of Neal likewise called, the former representing himself as having
worked in the service of the 'trinity House for many years, and
gave their son a very good character.
The prisoners were then discharged with an admonition from his
Lordship.
ROW-STREET. _

boansurr shortly awed the Jury, who returucd a ver-
dia foe the plaiatiffs.

GltElt:

A young man of the name-o 1 Last Was brought before Mr.
tNSITULL, on a warrant, on suspicion of having stolen or rather
embezzled a pony, the property. of an elderly french lady of the
came of 3lorville, now residing in Franca.
The complainant was a M. Itlouduit, who is the principal ma.
nager of the Foreign coach.ofllce at ('haring-cross; and he stated
that the defendant was an under-clerk in the same otlice. Sonic
months ago Madame Morville, who is very old, left this country.
where she had long resided, to live at Calais. It happened that she
bad a pony, which had for many long years formed part of her do-
mestic establishment, and for which consequently she had a very
great affection. S she got to Dover she fancied, whenier truly
ov not he could not say, that she should not be allowed to export
the poor pony, and—
' Mr. Miasma. s—Pray how came she to entertain such a
notion ?

ilaudult, with somt hesitation said, " Why, Sir, the Get
is, ?Iva the pony is a stallion. and Madame thought that the. I
, breed most be so valuable that the English would never permit
her countrymen on the other side of the water to have the iienctit
of it." lie went on to state, that Madame, in conseqnenca of this 1,
ration of hers, wrote to hint, requesting that he would receive the
'Pouf and cherish it, and she would pay any thing that was de-1
mended ; it was not on any account to be sold or killed, or even
suffered to work, hut to be well fed and taken care of as lung as
it should live. With this injunction, the witness, out of respect
to Madame, felt inclined to comply, and the defendant having oc.
easinn to go to Dover, he was desired to bring up the pony. He
did so, but the moment witness saw it, he regretted that so much
trouble and expense should be incurred for such an unfortunate
animal. It was !ante, almost blind, very lean, and very old.
" Bless my soul," said witness to defendant, " how could you I
think of bringing such a pony as this 73 miles ?—why it would
be a charity to shoot him." However, as be had undertaken to I
protect the pony, he was determined to do so; and while hesitating
ahem to place it, the defendant volunteered to take care of it alto.
gather for three shillings per week. Witness gladly closed with
this offer, and the pony was taken home by the defendant to his
mother's, at Paddington. The witness wrote soon afterwards to
Madame, advising her to have the poor animal shot, at the same
tme informing her that her notion shout the exportation of it
was erroneous. The bearer of the later reported, that poor Ma.

LIFE.

Sagemt *Tent: ,ste.e.l the case for the plaintiff, and in-
formed them that this at,11,1) was brought hi feroVer thi sum of
YU. ea a biU acrepred by the defendant. The defendant 'added
at Witharn,in Es-r x, and his somimlaw. %lr. Young, whose name
wauhl appear in this min.., rirel who had become a bankrupt, lived
London. He understood the defence to be, in the lint place,
that the acceptance was not that of the defendant; and in the next
plans, that if the acceptance were his, there had been a act-off to
the debt, by the delivery of certain prints and numbers of a publi-
ua.ioe descriptive of View maid London. Ile should suppose
these to be sham pleas; but, however that might be, he had no
doubt of proving his case to the satisfaction of the Jury.
Mr. George Store, the attorney to Young's commission, proved
that the signature to the bill in question was the hand-writing of
Y end that the first indorsement on it was also his writing ;
um athee indorsement was that of a person named Crowley.
,An Lib stated, that she was daughter to the defendant,