The National Register.
London, England, 1820-12-24 00:00:00

THE NATIONAL REGISTER.

in case of total loss, would crush the greatest numhcrof
persons cat rying on the business. That eiretenstance ought
to press an your consideration. Another circumstance is
this.—that whether it has beets rigle. or *roue not to c 0111-
1111111leate this improvement to the I simiratice Company, tins
is a ease in which it is quite impossible to fix on the plain-
tiles any fraudulent intention, nor is it su intimated. Oti the
contrary, the intention to impute fraud is disclaim, d. The
case indeed speaks for itself; for it is hardly to be supposed
they would have introduced a dangerous process to hieist
own injury , and therefore if it should turn out that yhit
doubt whether this is a dangerous process, the plaisittie
might to have the benefit of that donut. If your decision
shun id tie against them on the subject ut no ceannunication
having been made, not one of the Jury will more lament it
than I shall; but still in our respective situations Justice
must be done. I then come to the et:cntime whether the
loss to the amount of 70,0001. is to fail oil a few individuals
or the different Alembers of a society who hold small biltirea?
and ilea is a sobjeet fir yonr consideration. I now con-
sider it necessary to make one or two observations on the
defendants. They are Directors of the l'licenix Insurance
Coniiiany, and as such, witimut looking to their own
interest, are ti tistees fur a consist:mole hotly of persuns.
Properly of this nature, you are well aware, consists of
deferent ehares, wheel perhaps constitute the support of
widows and orphans, audit is their duty to elites:et every case
to examination if suspicion is at all entertained. I have
therefore no hesitation in saying:, ender the extraordinary
circumstances of tin; case, unperalleled in lily read lection
iW a Court of Justice, if the Directors had nut defended
this action they would have been guilty of negligence."
The Learned Judge then adverted to the fusilier trial,
and remarked that the evidence had ueen completely
changed. Tiie question of fact now was, first, where
did the lire arise, or iu other words, how din it break out?
'the next question wes, %seethe+• or not the new process was
more dangerous than the old ? If it was more dangerous than
the old, there would he an end of tin- ease. If it was, the
plaintiffs had uo riela to herteltice hes ittiout s arying the risk.
If the Jury concluded it was inure ,latt2,cl4), they ought to
lied a verdict for the deli iidants. If the fire broke out where
the machine was used, it would perhaps prose the procc•s
was more dangerous than the old process. They had heard
fifteen or twenty witnesses, all of whom had sworn to the
fact of its having broken nut at the corner of Union-street,
and it was attributed to the sugar hotline, over. It was
most extraordinary, that at the last trial the cease of the
fire was unknown. It was merely attributed to the care-
leSellesS of the workmen cumiug to get their candles. The
new attempt to fix the tire to the boiling user of the sugar
vat was then a subject for their conaderation. The Ulan
who could have pros eil whether the lire happened there or
not was examined by the Directors. Muller, the mast who
had the care oldie apparatus, had blundered—first bay Mg,
uo nil was used, and then admitting that it was used. Muller
said it broke out in Coiou-street, awl that it was so rapid
that he had nut time to save hi, clothes. If the Jury be-
lieved this, it would only raise the presumption that it was
a darigeruus process. The next que tion was, the cause
Ne'betlier or not the new process was more dangerous than
the old? Ou that point the Jury hail heard an immense
body of evidence, coneisting of the testimony of enliglitesied
philosophic mete many of whom said it was impossible the
apparatus amid have pruduced the accident. On the con-
trary, it was less dangerous than die old process. Dere the
Leashed Judge adverted to the teatiniony tape Thompson,
of Glasgow, Dr. Davy, and others, who supported the plaiu-
t 'die case. It was, however, judgment opposed to judgment,
theory to theory, and strauge as it utielit appear, experi-
ments had led to dilfermit results. Who has to decide this
mighty contention? Ile was not able. Ile was not totally
ignorant on the subject; but a little le:house was a (lenge-
l'oll,l thing, lle had some dsubt of his own knowled~,,
and was not ashamed to own it. The man who never
doubted would never examiae. 14 Aibt had bean called by
the great Lord Bacon the key of knowledge. It was, how-
eve:, not the duty of a Judge to decide; it exclusively
belone(11 to the Jere'. Some among the Jury might be
well acquaiated with the path of seteliCe, %%Web lie would
only say, like day-light, must be progressive. In a case
where 70,0001. was depending, and where it was impossible
to attribute fraud, they ought to consider whether it would
nut be dangeruus to give their verdict against the plaiutitie.
It was an honest ease. There was no fraud. The Learned
Judge then came to the law point in the cate, namely, u !te-
ther the concealment of the new priteess reielereal the
l'elicy void? It was clear the apparatus was nut regularly
commuuicated, and he wished the Jury to say, whether it
was a safe or dangerous pi oeess. On the couditious of the
Polley, which lie read, notice of all Immo% ements in ma-
teriels iiredstetive of heat was to be elven to the Company.
or hie hairy was to he void. He should reserve the point
if lic•Ceb any. At the conclusion of his charge the Learned
Judge observe!, that he could not have supeoseel that for
six days together twelve Geeticisien could have entered the
Jury-box with so much willingness and readiness to dis-
charge their duty. Not the slightest complaint of incun-
venience had escaped them, and time country, as well as the
parties. WtTC Inelify obliged to them.
The Jury retie d at live o'clock, and returned at a quarter
lo st veil. flies aims limud a vet diet fur the plahnieS.—
Damages 1:),001.
The Foremati then sail, " We are of opinion the fire
hitiee nut ill the voting of U witvet, and lint Wider the
cut process. NJ ate also of °pintas 111111 the time recess
is lee, dangerous time lac old. We think Severn anti co.
did nut give ',Mice of the apparatus, because tile defendant's
Surveyor had inspected it."
The verdict vno iissinistly hauled wills loud shouts of tri-
umph, lie .1 muumuus 'hely of poems hi the Court and Ilse
;Avesta's, whuappcated nruth inte rested its the event.
Oise uetne J miry then said, be hail bat as Juror hen
the late Lund heiress.' nisi lillenhoroug.l 1011 bl.:Vd us
J utters, and iie nab pound to say, the il•hasiity of his Lord-
sine was loose di4iuguislicts on this trial thou he had cwr
been e Expel ice. tel.
dude(' Then gentlemen 1 am more than re-
wardea."
A couversatioti nest enter d on the want of cohinanicetion
with respect to the peed-s, and the Jury sifter cuasulting
teeth' its tee this, declass d they were ul opinion there ens
nu utctssity far Di the bill 10%, or bad Kee it.
The ease being disposed of, th,Jadge said, that hie old.
' was, that hots% iths:ariliiie the doutesion t thieds of the
teamed niter, lite Jury hod decided on the bide bide.

Tlll.llllll/Al, Dr.C. 1.
JOS 1..P11S V. KELTY.

This was an action wt a 11111 uiEstchane, hell by
the plaintiff lot bBl. The lutol.writiog of 1;12 panic.; to
toe 11111, and the fact of the platittlif heitig the Loa fide
bullet ul the sccutity, ila WWI is. 3 Lac ttelcutlattia 1.1116111ui

411

liability, were admitted, but it was pleaded that since
the making of the bill the defenitimt had been a bank-
rupt, and had obtained his certificate. These facts were
were also adiLitted by the platuttif; but it was further
stated that the def•wlatt hat been twice a bankrupt,
and had not paid tificen shillings in the pound under
the second commission, under these ciretin:Slances the
Jury, by Ilk Lordship's direction, found a verdict for the
plait till for 601. ins. the amount of :he bill and interest.
w;th this spcmal indorsement, that the defendant had
been twice a bankrupt and obtained his certificate. but
ha I not paid lateen shillings in the pound under the
last commission.