The Sun.
London, England, 1801-11-10 00:00:00

L I? iPO RP.

COURT OF 1 iNe';,I3ENCIT, MONDAY, Nov. 9.-;
Tins beind- Lord MAYOR'S Day, the Court did
not sit until Calf paSt,eltven o'Oloelc', and there Was
but little business done,

KERSLAKE iV. SAGE,AND OTHERS.

Lord KENYON asked what'wps the nature' of this
case; .for that he found it Was among the new trials,
and he had 'searched for it in vain 'in his Note-
book .

His Lordship was inforMed; that it was an aEtion
brought for the recovery of 4 hum insured upon the
life of a person, and the question was, Whether` the
life insured was a fit one tp be insured ? that is,
Whether he had, at the time of Insurance, any
complaint tending to shorten life ? and that it was
tried at the end of the Sittings before the'last Te.rm
at Westminster, before,Mr. Justice LE BLANC and
a Special Jury.

Mr. ERSKINE said; he had turned this case in
his mind, and conferred with Mr. GAR R° W, who was
with Mm, upon it. It was tried, before Mr. Jus-
tice LE BLANC, and, last Term, a motion had been
made for a new trial, and, he understood the Learn-
ed Judge bad gone the length of reading the Re-
port.—The Learned judge said; he had not read
the_RepOrt, but he was ready to read it.
Lord KENYON asked Mr. ERSKINE, if he had
any thing to say upon it'now ?
Mr. ERSKINE said,. that when the motion was
made for the new trial, Mr. Justice 'LE BLANC,'
before whom.the cause was tried; had intimated a
strong: opinion upon the evidence, that the ver-
dia.-was not satisfaCtory to' him, and therefore that
the case ought to be set right by a new trial. This
being the state of the case, and knowing that the
opinion of the Learned Judge would have great
weight, as it ought to have with the other Judges,
and that Counsel for the Plaintiff...would have a
great deal. to contend with, when they came. to
shew Cause against this'Rule ; and, ayprehencling
that the Court would,' at lad, order it to be re-
tried, 'he thought that in order to have the case
come before another Jury as impartially as possi-
ble, the better way would be for him to 'give the
,Court no trouble upon this motion for a. new trial,
and he thought -he should vary-the case from the
last. .1
Rule for new Trial absolute'.
[Our Readers may. find a full account of this Trial in our
Paper of August 15, -and 171

In the matter of John Chambers the Elder, and
John Chambers the Younger.
These were Rules calling on the above-persons to
she w Cause why a Warrant of Attorney which, lad
been executed to secure to Chambers the Elder, the
sum 'Of 151. should not be delivered up to be can.
celled,,: and that all proceedings thereon, Sce.. in the
mean time, be stayed, 'and that they, should.answer
the matters of the Affidavits, 6,:c.
This was moved some lime in the last Term,
upon Affidavits stating that Charnbers the elder had
lent a person thereid named, a sum of r St. and took,.
by way of security for the re-payment of it, a
Warrant of 'Attorney to cUnfess Judgment, unless
payment was made apt a given day ; 'that upon failure
of such payment, he 'had taken another Warrant of
Attorney for the like purpose., at a future day, to'
enter up Judgment for the same sum, and made these
renewals of Warrants. of Attorney several times for
the same sum, and took usurious interest, 2S.'6d. in-.
stead of rs. 3d. each time. That John Chambers
the younger was an Attorney, and the son•of the
elder John Chambers. That as an Attorney, he
drew all these, as well as many other Warrants of
Attorney, at a Public-house called the Hole in the
Wall, in Fleet-street, and charged fur each 11. los.
and that the father and•son were thus concerned in
this transaction, and played into opie another's hands;
and which was stated to be most oppressive ; and
indeed Lord KENYON took occasion to observe that
this was apradice in which needy men, might be
ground, as it were, between two mill-stones by this
father and son.

After the AffidaVits had been stated on both
sides, the Court Ordered, " That the Rule; as far as
it related to the elder Chambers, be discharged
without-costs, on condition that he abide by what-
evier the Master (to whom that part of the Case was
referred) shall dire& :," That as to John Chambers
the younger, he should answer the matters of the
Affidavit.
Lord,KENYON,. in the course of this discussion
observed, thlt Attornies, While-they continued upon
the
.Roll, were persons accredited as being. fit, by
capacity and moral cOndud, to take care of the
interests of the Suitors of a Court of Justice, and
that they would do well to be careftil their conduEt.
was.not unworthy- of the trust reposed in 'them,
otherwise they would -become objeds. of severe
punishment.
•

Major WARREN JOHNSON, of the zd Battalion
of the 6oth. Regiment of Foot, who died on the sth
of August last, on his passage home from Tobago,
where he had commanded some time, and having'
been three years in the West Indies, was the second
son of Sir JOHN JOHNSON, Barr. of Montreal, Ca-
nada,.__ and_ grandson of • Sir ,WILLIAM_JoHNSoN,
whose sufferings in the service of his Country are'
too well known to reed a repetition. Major JoHr_
son's untimely death, being only in the z4th year
Of his age, must in some measure b'e,attribtolti to
the treatment helmet with on that station: seeing:
Officers around him obtaining ledve to visit their
native Country, he, naturally wishing to return to;
his family, ‘-applied for-the same indulgence, which
being, refused, he exchanged into-the tit Battalion :
in his passage to join which,' he was attacked by ;the
fever; and .carried off in three days. It is but justice
to his memory to.state, that during nine years.ser-
vice, he vas Cont:aritly with 'his Regiment ; from
.his•tittention. to his duty, he enjoyed the favour and
approbation of his superiors ; and when it came to
hia lot to- command,- he. icqiiitted- himielf in that
station as iin'Officer and a Gentleman; •and was be-
lovedand respefted by his whole Corps :-the situation
in whiFh he has left his family, fully proves how
well he was beloved by them.—This is•the tribute
Of a friend, aund due to misfortune,.