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

and mootratmn, attowing or aCCidtritAl CMJS::si
was a person who had not any disease rendThg 0
shorten life. Ytpu coY:d not consider him as a mat
capable of ccnsiderable exertion, • incident to hie
time lof life, without the.danger of bringing' on
haemorrhage. - The same thing may indeed be sil
of all you:ig men, or of. young men in general.—
might have complaints that are not so' imam
diately hazardous. I think I saw this Gentlemaa
afterwards in the month of, July—he was getting
per:*ettly ivell when I saw him. In February he
called un me' once or twice at my house ;. he was
free from complaint-;—at thi4tele he had not any
pulmonary conwiajny,l The*Forif time I attended
him he bad a 13..1in-0A ch6licpOich he-had givea
to. him by their inetlitin6i,coishrethe bzemorrhage.
He, was afterwards- 41 for 14: *Jai as to.have co
complaint. But if you.,thihk. he was a man i,OlO
Could commit any irregularity. with impunity, .y)u
mistake my meaning. 1.. mean to say that he was
so far in health, as to; be free from- any symptOm of
disease. He was in health ; but so far as he could,
not, With impurity, enter into thoSe at ive eXer-
tions Which are common to persons in, his time' of
life; he was not in health, for great exertions might
have brought on that which he had just got quit of.'
The same'may be said of all persOns of delicate ha--
bits: I understood, from himself, that it was -by
walking violently and living imprudently he had
brought- on an hannotrhage Where there is a
ease in the lungs., the hxmorthage: will come, on
without any exertion. But anxiety, great- exer-
tion, want of moderation in exercise, or other.:
wise; will bring on an hxmorrhage ; but this sort
of hxmorrhage is not so, likely to return as if it
came originally by nature : it is more Within a
man's own power to avoid it. I should think his
health would improve by moderation, and every
year he li/ed there would be less risk of an hx-
morrhage. -1 am acquainted with a number, of
people who had such an haemorrhage •as his,: and,
notwithstanding that, had, general.good health. I
have frequently, attended people who have .had
morrhage and had general good health. ‘B.at a young
Man,.who was but.delicate in his frame, and intem-
perate in his.mode of living, was . very likely to
bring on an haemorrhage, by violent exercise, or
great agitation or anxiety. I should not have had any
great apprehenSion of his life, provided he relight be
prevailed on •to.condufr himself with moderation.
In July I visited him, but he had no complaint.
He had formerly 'g,, !ploy some-perpon whohad
given him lead, which' brought on him the Painter's
Cholic, and I could not know what it originated
in until I was informed hehad.tUken a preparation
of lead, and that gave him the Painter's Cholic;
he Was then in greater danger from the cholic than
the hemorrhage. I think, from the symptoms then,
that he had no predisPosition to Any particular dis-
ease in the lungs, of the hemorrhage I mean, which
I have spoken of already : I do not consider-him as
having, laboured under any pulmonary consumption,
only a repeated hemorrage, and which is, by many,
looked on as the cause of a pulmonary consumption-,
but which, in my zpprehenSion, is the effeEt of itt.

Q. And more incident to the habit of such a
man as Mr. Robson, than any other ?—A. It cer.
tainly came on very rapidly in him, and carried
him. Off very quickly.
Cross-examined by Mr. ATTORNEY GENERAL.
DoEtor Smith said, ‘, What is called` health by us.
Medical 'men,- is .that • of a man being free from
symptoms of disease.—l would Say that this man
was not capable of going through the adive exer-
tions of a person of that, age without a risk of
bringing on the. Hemorrhage." ' ,
Mr. Justice LE BLANC—" Taking one man-with
another,„ he ran a greater risk than a man of the
,age of 23, generally speaking, would ?- 4. Cer-
tainly."
Mr. ATTORNEY GENERAL--... 0. Had you been
applied to give an account of the state of his health,
for a person interested.—ln that case, should you
'not have thought it your duty to diiclose the cir-
cumstance of the Hetnorrhage ? 4. No doubt of

it. • .
Q. Wouki you have signed a Certificate that he
was in good health ? A. If was asked whether
he was, in health,-I,should have said yes, but I should -
have ”thought it my duty to' havedisclosed also what
I knew at him ; and the greater. risk he ran than,
another would, of the return of his disease.
Mr. Justice LE BLANC— Does it not appear
clear from Dolor Smith's evidence, that this would
:increase the risk in the minds of the alfendants,•
and consequently, if they knew it, they would have
_required, an increase of the premium?"
:Mr. EassitN}.7—" My Lord, I apprehend this is
. ,
.not the, question. . -
Mr. ATTORNEY GENERAL—There is an issue,
" Whethei there was a fraudulent concealment ?"
Mr. ATTORNEY GENERAL then made a very able
speech to the Jury on behalf of the Defendants, to
whom.ihe money in dispute, he said, was no objet'
whatever, but they resisted iron principle, in order
that such unfounded claims should not again be made,
,because the spirit as well as the letter of the Policy
of Insurance on which• thiS Aetion was founded,
was, 4' That the person whose life was insured,
Should be in good health at the time:of effeaing the
Policy, that is, that he should not have any disease
tending to shorten the 'duration of human life ;"
and in effe&ing this Policy, the party shoul4 not
conceal any material faa, because that concealment
was a fraud upon the Office ; that was the casehere,
for the Office ..was told that Mr. Robson had nOver
been attended by any medical person ; Whereas he
had been so attended ;, ?ton constat, if the office
knew that fad, that they would have insured his
life at all,Then the warranty of his good health
was completely•negatiVed by the Evidence of Door
Smith, a Witness called on behalf of the Plaintiff ;.
for which reasons he considered a Verdia for the
Defendants as a demand of justice; 'hut if :.he Jury
wished to ,hear it,. he had Evidence to stew that.
this person ,•;was- aided with tbjs disease at the
time of elfeaing the Policy, and fisrther Evidence
to contradietrMr. Howard
.in some pail of the con:•.
yersation which took.place,.at the Office.
Mr. Justice LE BLANC.--," If the evidersee con-
vinces the Jury, at present it is' needless to go fur::
tiler, because it would be only-taking useless trom:

rill/CHAN-AN Ivi'M I LIAN, (v 1 Row-Street, fortnt-Caruen
NO. 412, 4tfaNd ; where tidlittlistrsoin. Ordsrt f