The Sun.
London, England, 1865-08-11 00:00:00

they do not really 'profess or wish to see carried out.
I desire to see the Conservative party placing-them-
selves in harmony with the general public opinion
which has been expressed in the course of the late
elections. I believe that in the main the result of
the late election has been to endorse the great prin-
ciples on which the Conservative party has acted for
years. (Cheers.) I believe the conduct of the Go-
vernment with respect to foreign affairs has met
with the approval of the country, but that opinion
has been expressed because at the present moment
they consider that the foreign policy is safe in the
hands of Lord Palmerston. I believe he is the only
member of the Government in whom the country
generally has shown confidence, and it is because
Lord Palmerston has acted in accordance with the
great principles which have always been the distin-
guishing merit of the Conservative party that so
much support was given to his Government during
the recent elections. The right hon. gentleman then
referred to some matters of local politics. He con-
cluded by saying--Of the future it is impossible for
any of us to speak. It may be that circumstances
may enable me again to ask for your support—
(cheers)—and if such should be the case, believe me,
I say it with all sincerity, I would sooner stand for
this than for any other constituency ; but whether I
stand or not it cannot have escaped the observation
of any of you that the decision of the late election in
a great measure depended upon the few scattered
votes of those who we cannot think are best to be
trusted with the independence or reputation of the
borough. (Cheers.) It rests with you whether that
state of things should be put an end to, or whether
you should be put aside from the legitimate exercise
of all the influence you justly possess. By union, by
cordial co-operation and energy, you will be able to
hold your own position, and return the candidate of
your choice. I beg to give as a toast " The health
of the electors who recorded their votes in my
favour," coupling with the toast the name of Mr.
Lintot. (Cheers.)

Mr. LnTroT having acknowledged the compliment,

Mr. C. T. DIcKENS proposed " The health of the
Members for the Borough of Shoreham and Rape of
Bramber." (Cheers.)
Mr. CAVE, M.P., acknowledged the compliment
in a short speech, which was much applauded. He
had been attacked for opposing the French treaty.
He confessed he did not like treaties of commerce,
and, therefore, he did what he thought was the pro-
per thing to do on such occasions—voted against the
whole measure in the first instance, and when it had
received the support of a majority refrained from
opposing it in detail. But it seemed to be forgotten
that some of the most strenuous opponents of the bill
were Liberals—Mr. Horsman in the Commons, and
Lords Grey and OverstoneintheLords; and he could
point to newspapers both in town and country that
had changed their views upon that point. Of course
he was anxious for a good trade with France, but he
thought that the altered habits of the French people
would have given them the trade without the treaty.
(Cheers.) He regarded the tying up of commerce
by treaties as open to two objections—that the
treaty might contain mistakes in the first instance,
as that with France did with regard to coals and
paper. (Hear.) Or an altered state of things might
arise, as in the case of the oyster fisheries, which had
been injuriously affected by a former treaty with
France which was not intended to apply to theni at
all. It was too often forgotten when seeking for a
cause for the prosperity of the country in spite of
the cotton famine, that the American war, which
caused that calamity, also brought with it in some
degree the means of meeting it. He would only
name two instances—namely, the carrying trade of
the world, which the Americans lost and which
chiefly fell to us, and the increased value of wool
both here and in our colonies. In conclusion, he
would only express his hope that they would soon
again welcome the guest of the evening in what
seemed to be his natural position at such a gather-
ing and in the borough of Horsham. > (Cheers.)
Several other toasts on the programme remained
to be given when our reporter left by the last train.

ASSIZE INTELLIGENCE.

SOUTH LANCASHIRE.
(Before Mr. Baron Bramwell.)

IMPORTANT ACTION ON A POLICY OF FIRE INSURANCE.

KNOWLES Y. THE NORTH BRITISH AND MERCANTILE IN-
SURANCE COMPANY.—This was an action to recover £5OO
under a policy of fire insurance.—Mr. Brett, Q.C., and Mr.
T. Jones appeared for the plaintiff ; Mr. Attorney-General
James, Mr. Milward, Q.p., and Mr. J. P. Cobbett for the
defendants.—The plaintiff is a cotton waste dealer, occupy-
mg some railway arches in Miller-street, Greengato, Sal-
ford. Ho had insured his stock with the defendants, and
the only question was whether under the terms of his
policy ho was entitled to recover. Tho burden of proof
being upon the defendants, their case was first opened.
It was stated that there was at ono time great diffi-
culty in insuring cotton waste by reason of the great
hazard which existed ; but the defendants undertook to
insure it upon a warranty being given that only the
better sorts of waste should be insured, and not the
worse descriptions, which wore subject to spontaneous
combustion. In granting the policy the defendants made
the insurer warrant that no oily, greasy, or dirty waste
should be deposited on the insured premises. Tho
plaintiff's premises were destroyed by fire in June, and
under ordinary circumstances, and without that clause in
the policy, the plaintiff would be entitled to recover ; but
when Mr. Longsdon, the agent for the company, and Mr.
W. P. Sharpe, their branch manager, went to the place,
they took a sample of what remained, and it was found.to
be strongly impregnated with mineral oil and of a descrip-
tion against which the plaintiff had warranted. The com-
pany accordingly resisted the claim. When Mr. Sharpe
pointed out to the plaintiff that he had vitiated his policy,
Mr. Knowles said he knew that according to the terms of
his policy he could not recover, but he alleged that he had
made an agreement with Mr. Longsdon to the contrary.
Mr. Brett, for the plaintiff, said the company had set up a
very mean and dirty defence. There having boon a great
difficulty in insuring cotton waste, that company came for-
ward and undertook to insure the ordinary waste which
dealers had in their warehouses. The sample produced in
court contained oil, but was not what was known as oily
waste when the insurance was effected. Mr. Knowles, the
plaintiff, said that when Mr. Longsdon came about the in-
surance he requested to be allowed to go through the ware-
house. Witness went with him, cut open for him several
bags of waste, and distinctly showed him the material. Mr.
Longsdon said, "You have an excessive risk here, and
we shall have to charge an excessive premium." He wanted
two guineas per cent., and at that rate witness agreed to
insure for £5OO. When Mr. Longsdon came a fortnight
later with the policy, witness objected to receive it on ac-
count of the warranty being so loose ; but Mr. Longsdon
said that the meaning of oily waste was waste from rail-
ways, foundries, or machinists, and that he (Longsdon)
knew perfectly well that waste dealers could not conduct
their business unless they were allowed to have every sort
of waste that came from a mill. The waste which was on
his premises at the time of the fire consisted of all the dis-
tinct classes of waste that wore made in cotton mills, but
none of the prohibited sorts. He denied having said either
to Mr. Longsdon or Mr. Sharpe that he knew he could not
recover from the company.—The Judge said he was not
desirous of withdrawing this question from the jury, but it
seemed to him to be quite a waste of time to leave any-
thing to them in this case, because the plaintiff said that
the sample produced was oily waste. Even if it was not
oily, there were' in the warranty the words greasy and
dirty, and there could bo no doubt about that. The
plaintiff had made a great outcry against the com-
pany ; but it was really a most unfortunate, though a very
common, thing for people to put in writing that which they
' did not mean. They had better put nothing at all. The
law reasonably required, for the sake of the convenience
of all mankind, that people must be bound by what they
wrote. He must direct the jury to find a verdict for the
defendants. The foreman of the jury said that that was
their opinion. Judge—Do the jury find that as a matter
of fact ? The Foreman—As a matter of fact ? The Judge
—That is better than my directing you. It is a very great
pity that people will not take more care with their written
contracts. The Foreman—My lord, the jury desire mo to
say that they cannot but find for the defendants, but at
the same time they think that the defendants are taking
rather a severe course, from the fact of that conversation
having passed. The Judge—Gentlemen, forgive me for
saying this—l dare say you are not directors of an insur-
ance company. You must leave them to mind their own
business in their own way. In justice to the defendants,
I must remind you that the fireman said the fire broke out
in the place where this oily waste was. The Foreman—
That is quite clear, but we look at the rate of insurance.
The Judge—But a bargain is a. bargain. A verdict for the
defendants was accordingly entered.