The Sun.
London, England, 1849-12-05 00:00:00

EXCHEQUER.-(THIS DAY.)

Sittings at Nisi Prins, in Middlesex, before the LORD
CHIEF BARON and a Special Jury.)
WOOD V. HUTTON AND ANOTHER.

Sir Frederick Thesiger and Mr. Edwin James con-
ducted the case for the plaintiff ; and Mr. Martin and
Mr. Cowling appeared for the defendant.
This was an issue directed to be tried by the Vice-
Chancellor of England, for the purpose of determining
whether John Newman, the deceased husband of the
plaintiff, was of sound mind on the 30th of July,: 1838.
The plaintiff afirmed that he was insane at the time in
question, whilst the defendants asserted that he was of
perfectly sound mind.
From the statement of Sir FRED. TIIESIGER, which
was one of considerable length, it appeared that New-
man had been the captain of several vessels belonging
to the defendants, and trading to the coast of Attica,
and the question was, whether he was of sound mind
when certain accounts between him and the defendants
were brought to a settlement. In 1832 Newman was
captain of the defendants' vessel the Industry, which
sailed to the West Coast of Africa, for gold dust, pilm
oil, and elephants' teeth, which were to be obtained from
the natives in exchange for articles of dress,
j ewellery, &c., but on its return from the voyage
the defendants declared that it had been a losing
expedition. It had been arranged between the captain
and the owners that he should not only receive wages,
but that he should have a stated share of the profits.
Notwithstanding, however, the loss which had accrued,
Newman was sent afterwards on several other expedi-
tions; and on his return on each occasion the defendants
repeated what they had 'formerly said, that the voyage
had been unsuccessful. From 1832 until his return from
the last voyage there had been no settlement of ac-
counts between the parties, and it was only after repeated
applications on his part that some arrangement was
accomplished. An objection to this settlement was sub-
vstuently raised by his family, for the purpose of upset-
ting it, and a bill was filed in Chancery by the widow
after his death. The question, therefore, resolved itself
into this :—Were, or were not, the accounts to be re-
opened and investigated, with the view of ascertaining
how they stood between the parties at the time of New-
man's death? It the jury thought he was of ursound
mind when the settlement was made the verdict would
he for the plaintiff, when, said the Learned Counsel,
the defendants would not only have to restore
1,2501., which had been paid to them by Nea man, but
to throw open their books and papers, in order that the
real balance might be arrived at. On the second voy-
rge Newman was to receive five per cent. commission
on the profits, and on the subsequent voyages the
same arrangement was continued. When he returned
from his last voyage, in 1837, he was much broken. in
health and mind, and was subject to temporary derange-
ments of the intellect, to such as persons who had been
long in hot climates were not unfrequently liable. There
was an extraordinary change in his demeanour as well
as his health, and on one occasion he took out a brace of
loaded pistols and threatened to shoot his wife. The
pistols were taken from him and it was found they were
loaded. He also attempted to strangle himself, and in
consequence of the strangeness of his conduct all razors
and knives were kept out of his way. It would appear
that on this last voyage he had appropriated to his own
use some gold dust and palm oil, and some other things,
and threats had been held out to him by his employers
about a criminal prosecution, which no doubt preyed upon
his mind to such an extent as to occasion fits
of temporary derangement of intellect. He was
under the impression that he was about to be transported,
and his state was altogether such, that his wife, knowing
that he had 2,1004 in his possession, took it from him
gad had it invested in Bank stock.
Newman, it ap-
peared, in company with his stepson, Mr. Nelson, Mr.
Walton, his solicitor, and Mr. Child, met at the defen-
dant's office for the purpose of coming to some settlement,
when, ultimately, Newman signed an agreerneet, which
was drawn up by one of the defendants, and by which
it was arranged that Newman should pay 1,2501. text
day to the defendants on condition of their giving him a
receipt in full of ail demands, and of his giving a similar
receipt to them, The defendants immediately after the
signing of the deed said, " Now you might as well
settle the matter at once, as you have money With you."
Nelson, the stepson, said he had not, and that the
money could not be procured until next day. It was
hen said to Newman "if you do not pay
you will be arrested," and two sheriff's officers,
who were waiting outside, were brought
int) the room, and he was given into their custody, and
taken to the lockup-house. lie was detained there all
night, and Nelson sold out the stock which had been
nvested, and on the following day paid 1,250/. in addi-
tion to the 41. costs to the defendants, in consequence