The National Register.
London, England, 1821-03-05 00:00:00

ANDREWS V. ELLISON AND OTHERS.

Th swas an action between the Sallie polite!. The
plaintiff sought to recover upon another policy.
The defence was, that there had been a misrepresenta-
tion of the premises, and the risk treater titan the plain-
till hail insured. Verdict for the plaintiff.
• We are credibly informed that in the died of settlement
of the Nat al Insurance Society, there isa clause (pro.
inised by himself) by which Otis genneman is hauled to a clear
10 PER CEVII/11, not on the profits of the enntel n, not on
the premium•,les the ex penres nail lasses incurred, but urom
THE ISROIS •MOUNT OF •44 THE PREMIUMS RECEIVED.
The MODESTY ot this man st ill surely bet ome proverbial, Ed.

COURT OF COMMON PLEAS.
MONDAY, Mt. G.
DiegensoN V. GAP.
This was an action upon the wariamY of a horse.—
The plaintiff complained that, having purchased a horse
from the defendant, who is a livery stable keeper, he the
defendant, warranted Inni sound, and to have been got
by Cheshire, (a celebrated thorough-bred horse lineally
descended from tile great High-flyer) wnereas it turned
out that his sire was a horse called Neptune, whose Wood
was not so pine, that of his great fp:m.l34e having been
crossed by the draught breed.
A receipt was given in evidence by the plaintiff,
tw•orded in this way—" Received from—ackensott
tool., the liney of a uay gelding gut by Cheshire, war
ranted sound."

It was objected on the part of the defemlant, that it
was no part of the warranty that the horse was got by
Ctieshue. That was were deception, after which came
the warranty, which only applied to soundness. To
entitle the plaintiff therefore to thing an action at all,
he inust show that the defendant had knowledge of the
falsehood of his representation, %% he ti he stated the horse
to have been got I,y Cheshire, and then the action should
have been " deceit." After the point was argued by
counsel on both sides, . .

11,s Lordship held the objection to be good, and non-
tumid the platutitl.

An inquisition was taken on Wednesday at the
Penton Arms, Pentonvife, bethre Thos. Stirling,
Esq. Coroner, on the body of Jane Scott. The
deceased was taking care of a gentleman's-house in
Winchester-place, which was to be let, and in which
she slept by herself, and where she was found by
her niece in the morning lying dead on her bed.—
There were no marks of violence on the body, and
the Jury were of opinion that she died by the visi-
tation of God, and returned a verdict to that effect.
On Wednesday moining, about three o'clock, as
a waggoner in the employment of Mr. Rowland,
a paper-manufacturer, of Link% orth Mills, near
Guildford, was cooling down Robin flood-hill, near
Kingston, he fell off the waggon, being as is sup-
posed asleep at the time, and the wih.e.s passing
over his body, killed him on the spot.

AWFUL b. VENT.-•—A family, conistin,r of four
persons, a man and wife, and their son and:laughter,
who resided in Lawsuit's ‘Vynd, Mut of Sheriff
Brae, Leith, were observed by the neighbours to be
later than usual in opening their dour on Friday
morning ; it was Lroken open. and it was discovered
that all, except the old woman, were lifeless, and
she in a very weak state. The melancholy ca t as•
trophe is supposed to have arisen from injur iou
smoke, the vent having little or nu draught, and 11
windows and doors having been closely shut up.

7r

Within the space of ten days. Mr. Stirling, the Co-
toner, has takati no less than three inquests at Hayes,
Middlesex, the first was taken on Wednesday, the 14th
lust. upon a poor boy, about ten years of age, who was
suffered alone to drive the horses round in Mr. Joyn-
son's threshing machine, when he was caught by the
clothes in getting too near the second wheel, and killed
instantly, his skull being fractured, and his head ccrn-
pletely scalped. Verdict, " Accidental Death." On
Sunday the 18th, the coroner held a second inquest on
an elderly widow, of the name of George, who went
to bed apparently in good health, on the Friday evening,
and was found dead by the side of her sister in the
morning. Verdict, " Died by the visitation of God."
The third inque t was on the body of Rich. Scrivens,
constable of tile p arish, on Saturday the V 4, h. He had,
attended the inquest ou the boy on the 14th; after
which a dispute arose concerning a shilling which was
missing from the table, and which was charged by the
company pre=sent on the constable, who in return denied
it; high words arose, and Sense'ss was induced to strike
one of the party, when they all cried " turn him out,
turn hint out!' Th.- consequence was, the person who
was struck took hint in his arms with the 'mention of
turning Isim our, when its passing the door his foot
tripped, and they boils fell out together (Scrivens un-
dermost). Nobody I.new at the nme he was hurt its
the least, for he held a conversation for about a quarter
of an hour, and then walked home, and refused in be
bled till the Friday following, when it appears en in-
flammation had taken place on the chest, which
increased till two o'clock on Thursday morning, when
he expired. The surgeons, on opening die body, found
three ribs broke, one of which pre-sed on the lungs, and •
which no doubt hastened his death. The Jury met at
the White Hart public-house at eleven o'clock on Sa-
turday morning, and did not return their verdict until -
past time in the evening, which was Accidental Death. •
—The poor mats has left a wife and five children. •
On Saturday se'intight, between two and three o'clock
in the morning, a perfectly new house (toe property of -
John Cator, Esq ) at Wood Bastwick, in Norfolk.
was discovered to be in fumes; and so rapid was the
progress of the destructive element, that before any of
the inhabitants of the village had time to repair to the
snot for the purpose of rendering assistance, the whole
of the interior in the building was consumed: the walls •
alone being left standing. A bans at a short distance
from the house was set on fire by the burning flakes, .
carried by the wind, and was totally destroyed, together
with a assail quantity of wheat lodged therein.
A spirit of revenge towards Mr. Crowe, of Bale, in
Norfolk, has skew!' itself in a most shocking man-
ner. On Saturday morning, the 17th, two beasts were
found dead by poison in NIL C.'s yard. Two others
were in such a hopeless condition, that it was deemed
advisable to cot their throats to put them out of their
misery; another died on Monday morning, and two
remain in a very doubtful state. The poison (corrossive
sublimate, it is supposed,} mixed op in small pieces of
dough, was put among the barley meal and cut hay in •
the bins. The beasts were worth about 141. or 151. each. -
Nothing has yet transpired to lead to a discovery.
Two persons were apprehended on suspicion of having
been concerned in the robbery upon the person of Mr. -
Thurtell, the particulars of which have been before de-
tailed. I t appears that the apprehension of these persons, -
together with another man, arose from the voluntary
confession of a man named Smith, who was apprehended
in the night of Thursday, the 15th uh. by W. Palmer,
the game-keeper of the Hon. Mr. Primrose, on a charge
of having committed a burglary its the dwelling-house -
of Mr. Meek, at Framingham Pigot. Smith in his •
conlession stated, that he, in company with two men
and a woman, whose persons he described, had robbed
Mr. Thunell of !boot between eight and nine o'clock
one et eniug about three weeks before, and this state•
meat he made at different Ames in the presence of
set era! persons, and gave such particular information
as to the robbery and the pocket-book stolen from Mr.-
Tiontell, and particularized sonic drafts that were its it, .
as left no doubt upon the 'Mud of several persons, shat
he was concerned in the theft. In conseoueircis an
examinatiou took place before seseral Magistrates-of the
city, whets Smith finding, as it is apprehended., that he •
could nut be exonerated Irons the burglary, refined to
give effect to his former confession. The other two men
and the woman, against whom there appeared no ground
of suspicion, were accordingly discharged, and Smith
was committed to the Castle for further examination
on the charge of the burglary; and it is believed that a
detaitter will be bilged against hunt fur Mr. Thortelt's
robbery, it being held that a 111311'd COHICS3IIOII •
is good against osell, although nut sufficient so impli-
cate hers.—Sorwich Courier. _ _ .

An alarming tire broke out on Sunday night in
the house of Mr. Gibbous, carpenter, of Marylellone-
lane, which involved the whole neighbourhood in
the greatest contusion.—lt originated in the lower
part of the house, during the absence of the titunly,
and was not discovered until it arrived at an alarm-
ing height, when the flames burst from the windows
with considerable fury. and threatened destruction to
the neighlmurhood ; the inhahitants were running
in every direction with their furniture to places of
safety. In a short time the Royal Exchange, anti
several other engines arrived on the spot. After
the lapse of several hours, the flumes were got under,
the whole at' the premises, with the property; being
a complete muss of ruins.
Thursday, a child, aged only two years, the son
of John Collis, a carpenter, at Ilorndean, while its
mother's back was momentarily turned, applied its
-mouth to the spout of a tea-kettle tilled with boiling
miner, and moving it, poured such a quantity down
tits throat, that, after lingering till live o'clock its
the evening of the saute day, he died.