The Sun.
London, England, 1801-06-08 00:00:00

LAW REl''),.

COURT OF KING's BENCH, JuNE 6.
KERSLAKE 2/. SAGE Alit OTHERS,
THE ATTORNEY GENERAL, Moved for -a Rule to
shew cause why a New Trial should not be hid in
this case. was an AOion brought upon a
Policy of Insdrance upon thee Life era Gentleman of
the 'name of Robson, of
~the age of 23 yeais, war.
ranted " to bi in good health, and unaflliaed by
any dis Order tending:toshorten human life." The
Contratl for the Policy was entered-into on the-19th
of • March,' and the 'Policy itself executed on the
zest Of March, 1799.
FIC-said, it appeared on the trial, that Mr. Rob-
whOse -life was insured, had attended the
Otliee of which the Defendants • are the Dieeeturst.
the_Westminster Insurance Office for- Lives, ivberc-
the'Policy- was entered into, and being
.asketl,tite
usual qUeOtipn; "By -what "Medieal Gentleman he
was attended ?" in, order that the Office:might in-
quire, in.the customary tnanncri As to- his
&c., said, " he never had any .Medicalt,Person..tui
attend hint ;" and a person of the name Oflio'ward.
confirmed that assertion, by, which the Office lost
the means they otherwise would ha 4 had,, of 0b...
taining full information of the stare of 'the healiii.of
Mr. .Robson, and the Policy ,was entered, into --as
if Mr. Robson" had never hati.any medical assist_
ante whereas, -the truth was, that Mr, Robson
had long previotls to that time; been afflicted 'with
aPulmonary 'Complaint, and luta, been ilt;ende4
Dr. C. Smith, Physician to., klis-Majesty,", and; also
by'a Surgeon, Mr. De Bruin. This, the ATTOR-
NEY GENERAL—said,- was a-wilful suppressiOn of a
Taterial fall, and a fraud upon the Office," and
skixuld be sufficient to sustain,
:the Motion he was
now submitting .w the Court bttt.this was not al',,
for Dr. C. Smith swore on :the trial#. that .at the tinic
when this Polity was effefled, i# Itc, had beenn-asked
how this Gentleman) Mr.. R 9.1400, -wasp, llic
have said," becausei, in thelinguage of Me-.;
dical Men, a person is said to he well, when he-was
free .from the-syrnptoms of Any, tornplairit, but. its
should. have thought it his duty to add, "*.That: ;on,
sidering his age, and.habiti,,- anal that he, had but
cently recovered, he did • not, think hitnsapable of
those glive.exertions which are cominonly made by.
'persons at his time,:of.life:'-' This was the Evidence
produced for the Plaintiff in this Anion, whickwas-
brought ao'recover theisum insured:(alls Gentleman,
havingdied_the following Autumn). Bcoides-,this,
the Widow,
,of:the deceased Gentleman proved:his
having been ,affliaed with this complaint , a long
time bcfore,thks Policy, was entered into,, anti she
waS always extremely, anxious about. him : That'Jle,,
was Clerk' at the House of Messrs,. Ross and Ogilve,
whose service he was compelled to quit on account
of his state of health. By this Evidence the war.
" that this Pentleman was, in, good health,
and free from any complaint tending to shorten
human life," Was, be said, completely falsified add:
iisg to this,' the. fraud praaised upon. the Officephy
the wilful: nii§representation,of the bet- that he had,
not been ,attended by a Medical Person, there W4s
abundant reason,,for .tbe,,Verdika being for, the D.
fendap,tl and no reason for its being otherwise. He
Lad, Indz...ed, 1,-carda rumour, hut that he head no
Affidavit,. 'and therefore he should not press, it, that
-,•)me persons intimately concerned-in the determina,
tion, had Life; Insurances at the, same Office. The
jury and brought in r!
,Nerdid for ,the
'Plaintiff, which,: he said, was , contrary/ to, the di-..,
reiftion of the I.earred Judge (Mrs Justice-LE-
ilt...Atvc., who sat ler my Lord KE:srl9N), and be
Would add, not.only to the astonishment, but .also,
to the ailliCtion'Of every, honest and intelligent per,
son in Court. " 1 think it proper," said the AT-
ToRNEY GENERAL., " to add, that if there be fre.
quent recurrences of such 'Verdias, I shall think it
my duty to revive a Writ whiCh, although it has
been a good while asleep, is not yet dead.; tmean,
my Lords, the Writ of Attaint *."
Lord ICEINTYON.--" Take a Rule to shew Cause:"
Rule to shew Cause glinted.
* It may be necessary, for the information of Such of our
Readers as are not -Lawyers to state what is the nature
of a Writ of Attaint, with the operation of.wnich the At-,
torney4;enctal threatens jurors. .The Writ of Attaint is
a Writ that lies after judgment, against the Jurors.- *no have
given a false Verdi& in any Court of Record, in any Atti,,n
real or personal. It lies also where a. Verdi& is
Crary to evidence.. Its etre& is,: to sitnrmon a Jury to inquire
whether the former fury have returned a Verdict contrary to
their oaths. It, is observed by the ancient writers on the law,
that a Writ to attaint so many men of so foul a crime as Per-
jury, ourt seldom to be used, unless the corruption is very
' gross en apparent; and that the Juiry, to try the false Vet-
did, must consiat,of twenty-four.
The. W rii is founded upon the Statutes of the sth and
34th of Edward 111. c. 7 and is called Intaint, because the
party their brings it endeavours thereby to attain the credit
of the Jury with perjury, by whose verdid he is aggrieved.--
The punishment by the Common Law Was, that the, urors
meadows should be ploughed up, their -houses brokedown,
their woods grubbed up, and all their lands and tenements
forfeited to the Crown but by Statute of the 23d of Hr.na Y
VIII. e. 3, the severity of the Common Law is mitigated to
a fOrleiture of 2vl. to the party,. a tuft at the discretion of the
jusilies, .via disability to give testimony in any Court ofjustice..