The Sun.
London, England, 1801-08-17 00:00:00

tientltmen'Ot
jt;_upoci tile,evtadrlCC
of Dotor Smith, you think there is no-tioub upon
this case, it is needless to go further."
The Jury inclined to heir evidence. •

Mr: AtTOittiEY. GriArAtia—c' I will first call
evidence to give to Mr. Kerslake a right of Aaion
against his Agent ; and also in order to show that
the Office behaved with the nicest and most punc-
tual honour as well a,s ordinary justice."
Mr. Skelton sworn.—" I am Secretary to the.
'Westminster Insurance Office, and have been so
froth:its institution in 1792. I know the person of
Mr. HowarcivAiho,has, bgen cninined as a Witness
here to-dal' ??4grfeallyzwollea his coming to the
Office in Mitltlipa7997,,vo the subjeet of the insur-
ance of Mr./Ikotisintes):lifswn Four or five, days prior
to the date i 3 IthecPerliop, sand before the insuran'ee
Was compleatettMr,Robson came with Mr.,How-
ard to the Office : he was stated trot to exceed 23
years of age:. It is usual, in the Office. to require
a reference to a medical-man. ',Mr. Robson and Mr.
Howard came
.together ; after stating where he was
born, &c. my question to him was, Who is yotir
medical attendant ?' addressing, myself to. Mr. Rob,
son---Mr. Robson answered me' I have no medical
attendant, having always enjoyed good health.'
Mr. Howard made this observation : Mr. Robson
is in such good health that .he bas never requiTed
any medical assistance ; I have known him, for some
tune, alWays to.have been in good healt-h' I then
asked for' anither reference, which they•gaVe me;
they referred me to a Gentleman who was,not a Me
dical man. Mr. Barnes was also present, and as
close to, them as this Gentleman .(the person gtaittlino'
by) is to Me."
00 cross-examination this Gentleman said, he did
not commit this 'conversation to 'writing, but he re-
membe,red it Perredly well ; and then he gave' an
account of the ntfinber of Policies entered into at the
Office for the last ten years ate. •

Mr. Barnes sworn.--,." I am Mr. Skelton's Assist-
ant in the 'Westtninster 'lnSurance Otce. In the
year 1799, 'Mr. Howard and Mr. Robson came to
our Office ; on the 16th of March, I took down
the proposals, and the usual questions. were asked,
and, among the rest, who was his Medical Attend-
ant ?He replied, that he never had' ny,' or to
that effect. ' That he was in such a good stare
of health, 'that he never required any.' Mr.
Howard, without I;ein2 asked, also ,saV, "0 ! he
hai always beel in' suet. a good state of health, that
he has never required any- Medical Person.' I
never ask any per on wh6A, comes with the person
whose life is, to be comiaered, any question. He
then recommended us to Mr. Henley, of the Six
Clerk's Ofifce."

Mr. De Bruin sworn...-cc•l am a Surgeoa•-.and
Apothecary, and have been in .my profession, about,.
thirteen years. I. live in Noctli Audley-street : I
'attended Mr. Robson in •Auguif-t797.; He then
discharged. a • very large quantity Of blood, and
,he
had a cough, but a, very trifling one ; I attended
him again in February 1799. The attack he had
in February 1799, was of a imore' serious nature
than what he had befOre; it wati the same species of
complaint, and accompanied by a cough, it did not
indicate a consumptive cough ; his pulse • was fre-
quent and rather quick -; I attended' him-•for'maliy
weeks, I may' say months, afterwards. -I bled him
' at first, and then gave the medical remedies which
I usually give in such cases, that is, cases of bleed-
ing from the lungs. The whole quantity of blood
lost was ,several ounces : it was, a • conSiderable
bleeding from 'the lungs—he continued to be my
patient to the month of June. If I had been called.
upon to state the fad as I'kheol it of him, when
the Policy, was effeded,-. I should not have stated,.
that he had no illness likely to shorten lifei but
quite the contrary.' He was not capable of the
ordinary, exercise's_ of a man of twenty-three years •
of age without risk. I never considered Mr.
Robson to be in a_ state of constimption, but I con-
sidered him."in a state.very much tending to it."
Mr. Pennington sworn.—“,l have been a Surgeon
for •14 years.; I attended Mi. Robson for two days.:
On the 29th of May, 1799, for a profuse Hemorr_
hage on the lungs ; .he had a cough ;_ the blood came
up in the fit •of cough. He told me he had been af;
'llided with that disorder three different times before.
I did' not pahicularly inquire the period, but he told
me that attack was thorst•he ever had ; Mr„De,
Bruin-did. pot
,attend at' that time. I thought him'
not in immediate, but'ultimately,' in great danger ;
for be appeared to me the next morning,to be hec-
tick. He told rne, he had been. under Dr. Smith'
and Mr. Cruickshanks, in February and March,
preceding this May."
Dr. NPQueeli sworn.--" I have heard Mr. De
Bruin's Evidence, .and the account given of this.
Gentleman's illness ; and from my skill as a- rne->
dieal m6n, I say, that a person so represented
in the month of February or March, I should coo-.
sitter such, as I could-not have stated to have no
illness on him, having ..tendency to shorten•hurnan
life:"

Dr. Lattern sworn".—" I have heard the account
.given by Mr.. De Bruin reSpeding, Mr.: RobsoO's.
health in February and March 1799. From the
symptom's described by Mr. De Bruin I think Mi.
Robson had, a. diSease which hid tendency io
~ shorten life consider it most certainly so. - If
I had been asked what I thought, of him---=whether
he'had any disease tending to shorten, human life,
most certainly I shOuld- not have 'signed a certificate
that he had not.

Mr.. ERSKINE made an ingenious reply for the
Plaintiff.

Mr. Justice LE 13LANc.—" Gentlemen of the
Jury, this is' an Adion brought by Mr. Kerslake
against three Gentle Men who are. Diredor's of the
Westminster Society for Insurance upon Lives, for
thepurposeof recovering 3601. which he, by tryLans•
of his Agent, of the name of HOward,' insured on
the life of- one Robson.. The form requiring the
Certificate to set forth the description of the pirty,
and the state of•his health, and the Policy contain.
ing a' warranty ,that Robson; whose life was'in-
sured, was in good health, and this .Certificate,
which islikewise required to be.signed, represent-
ing him to b.e in good health, and.notitfilided with
any disorder' tending to .shOrten human life, are not
points disputed; the Policy itself proves'

; aria ray WILLIAM ARMIGER Scalers (or se.tcrry-ruad, Westmins!,,r);.
roi the Papir, Leiteri fiat the E4it9,-, 6cc , toff-paid); must be adciresse.d.