The Sun.
London, England, 1824-07-22 00:00:00

REYNOLDS V.O'FLAIIERTY

This was an. action to recover 60/. for the keep of an infant,
the son of the' defendant. It appeared that Capt. O'Flaherty
being in Devonshire, sent one of his children to his wife's mo-
ther, who had requested to have it. The lady was the propri-
etor of several houses, one of which she let to the plaintiff for
40/. per annum. The plaintiff was permitted to take the de-
fendant's child, her grandmother undertaking to pay the ex-
pence it might incur.
It did not appear there was any contract between the Plain-
tifFand Defendant, and the Loup CVIEF Ju STitCE directed a
non-suit.—The Sittings after Term at Westminster ended.

LIFE INSURANCE POLICY.
MAYNARDS v. ROHDE.

Mr. SCAILLETT said this was an action brought to recover
the amount of two policies of insurance, which the Plaintiff had
'effected on the life of Colonel Lyon, for two sums of 600/. and
7001. in May and July 1023; The policies were effected at the
Pelican Insurance Office. The health of Colonel Lyon at the
time was very good. It had been so for several years. Colonel
Lyon was the father of Captain Lyon, well known to the pub-
lic as the intrepid companion of Captain Parry, in endeavour-
ing to discover a north-west passage. Captain Lyon was ex-
pected in the river on' his last return from libt arduous voyage,
'and his father was. very very anxious to see him, after such a
long period of absence, that he went down to Gravesend. to
Welcome his arrival. The joy of meeting his beloved son was
too much for his feelings, , and he sunk under the shock which
his nerves received in consequence. tinder these circum-
stances the plaintiff called on the Insurance Office to pay the
amount effected on the policy. They refused, which was the
cause of brihging this action.
Mr. Beaumont, surgeon at Gravesend, attended Col. Lyon
on the 20th of October last ; found him extremely ill with in-
termittent fever, which was common in the neighbourhood of
Gravesend at that time of the year ; he was in very great dan-
ger; saw him every day till he died early. on the 2d of Novem-
ber. When he saw him first there was no chance of his reco-
very, he was so feeble; he attributed the weakness to the disease,
and his death to repeated attacks of fever ; he found him on the
26th of October in the last stage of the disorder ; he signed the
certi4cate of his death.

Dr: Ropy, of Islington, knew Col. Lyon for some years since
1822; considered the state of his health good ; saw him eighteen
months before his death in very good health ; went to Graves-
end with Capt. Cheyne to see Col. Lyon ; found him labour-
ing under great debility, caused by excessive irritability of
the nerves—he expected the arrival of his son the same day in
the river, and seemed very anxious to have an interview with
him. '

Mr. Samuel Ropy, brother of last witness—Knew Colonel
Lyon ' • considered his health to he good from May, 1821, till
July, 1823 he called a number of times at his shop in Isling.

Mr. Spencer remembered Col. Lyon coming to her husband's
house the latter end of August to receive the money—he came
on foot and appeared in good health.
The ATTORNEY-GENERAL said he had a very short and
very plain answer to this action, why the annuity should not
be paid. There should be no concealment in the affair of the
policy. No establishments were of more importance to the
public than Life Insurance Offices, in whose success they
were deeply interested. It was very, extraordinary, that some
of the witnesses had not seen Colonel Lyon for a year.—
But did the Jury suppose that Colonel Lyon had no ser-
vants, or members of his family, who might have been
brought forward to speak to the state of his (the Colonel's)
health? The plaintiff thought proper to call medical persons,
but lie would call forward other medical Gentlemen who would
tell a very different story. The death of Colonel Lyon was
caused by disease, which was concealed at the time of effecting
the policy. It would be proved that he had been affected
with bad digestion, a great determination of blood to the head,
and an affection of the liver. He had been subjected to a
course of bleeding, leeches, draughts, and pills, at the time of
effecting the policy. Now the language of the policy says,
that if any misrepresentation is made at the time of effecting
the Insurance, the policy becomes null and void. The inisre-
presentation was made in the present instance, and therefore
the Insurance Company were justified in not paying the
policies.
Edward Weavers, a clerk, proved the policy, which was ef-
fected for seven years. A certificate from Mr. Spencer was
produced, stating that Colonel Lyon was in as good health in
June as in May, when the policy was effected.
Mr. Charles Jordan surgeon, in Fitzroy-square, was a cur-
geon in the army—was called in to attend Colonel Lyon on the
:1780;21)1 —ooadteternadieidalfrtiemaidooll of the liver, indi-,
—oonif;e}a'wicabairsuiliaaabreyoriltn2tge3nt fever—He applied 18 leeches to re-
lieve him from the determination of blood to the head.'—attended
hint twice a day for two months—on the 13th May, Col. Lyon
had feta draughts—eight leeches were applied du the 9th of
June. On the With twelve leeches were 'applied, and also on
the 26th. On the 2d of August he had draughts--.several pre-
scriptions were ordered by Dr. Veitch.
Dr. Teitch, formerly Surgeon' In the Navy.—Attended Col.
Lyon in February and March—the nature of his disease was a
violent inflammatory affection of the liver, attended with fever
of a very dangerous tondenct; considerable determination of
.blood to the 'head t the medicines which appeared on the pre-
serifitions were ordered by him ; he was very ill from February,
to April ;. if be were applied to in the middle of May for a cer ,
tifi,-ate, be would not have given it. He could not say if the
return .of the.disease might be expected In. August.
Cross-examined by tar. Sea lii.ETT.—Does not know that it
Is a general opinion, that the gout and an afFection,Of the liver
are connected. That opinion is not entertained at present.
Mr. Seanr.s.:T.T.—l only wished to know on my own ac
count.—(Laughter.)—,A prescription of some rhubarb and calo-
mel was here produced, and Mr. Scarlett asked the number of
grains of each which Col. Lyon could bear ? It depended on
the particular state of his health at the time. lie was in the
habit of giving five grains of calomel ; had given as many, as
ten grains to a person ; :Col: Lyon carried a box of pills about
with him. It would require gigentic bowels to take ten grains
of calomel ? Yes, rather stronff.—(Laughter.)
Mr. SCARLETT replied. Ile recollected a story of a patient
who threw all the draughts he had received into a vessel, and
when the medical man remarked that his medicines had done
him good, and wished to .see . what they had taken off his
`oioSnoe
ofl itt.hzugliiit,o",cor::2.-
stomach, the vessel of medicines was shown, and the medical
aynodur(hereAfoireauf itlo.)orc
man exclaimed, " Good God, if that had beenon your stomach
ie
ctepl
niwetaidoyeudt
olhdtehr
asi
itasv patient,."
tteel lekt i killed
',,CenolofonreltiLleydonef,ewndearenips.el.
tithficathteesevgidiveennce.bgty
The certificates stated that he was in good health.
Mr. GURNEY-014 of the questions is, " Were you seri-
ously ill ?"

.
SCARLETT-Mhy to be sure, every illness ought to
make a man serious-,
The. Lou) Cum' JUSTIC.X- summed up the evidence.
They might find one of the policies good, and the other bad
they might find ..bcith, bad ; they might find both good. If
there was any concealment or misrepresentation, the policy was
void. The Jury at once found for the defendant.

COURT- OF COMMON PLEAS, JULY 21.
Delver the LORD CHIEF JUSTICE BEST and a Special Jury.
NEWBERRY v. PETIT.
Mr. PLATT opened the pleadings.—The plaintiff in this
case was assignee to the estate of Mary and Henry Phillips,
under a =mission of bankruptcy issued against than jointly;
and the defendant was the assignee to the estate of Henry Phil.
lips, under a commission of bankruptcy issued. again.st him
iingly. This was a feigned issue from the Viee•Cbancellor's
Court, to try whether at the time the joint commission was
issued against Mary and Henry -Rbillips, there was a partner.
ship between them, such as would support that joint commission.
Mr.Serjeant VAUOILAY told the JUry that they had heard the
nature of this action from his Leached Friend Mr. Platte and all
that, wiar left for him to do was to state the circumstances out of
which it had arisen. Some years ago a person of the name of Phil.
lips carried on the business of a furrier and hatter in Petticoat.
lane. On his death his wife continued it ; but finding herself in.
competent to-carry it on alone, took her son into partnership with
her about, four years ago. They then took a second shop in
Devonshire.street, where they carried on the same business, and
issued cards, announcing their partnership. Under this firm
they obtained within the last three or feur months previously,
to the Issuing out of, the_ commission of bankruptcy against
them credit to the itnotint of /o,ooot. Rills of exchange Were
drawn-upoWand accepted by them hi the name of Mary Phil.
lips and 'Son. Invoices of goods furnished to aud,by.thein wer,
made out in the sanie style ; and on the messenger nailer, the
cemtiiisiion taking poisession of their property, all the indii•iti
of a partnership between them were discovered. He should
prove that this partnership had. continued down to the-üb:of
Oct. 1823, when the act of bankruptcy was cointnitted on which
the commission of the 16th 'of October was founded ; and that
the petitioning Creditor?' debt was contracted in the April. pre.;
ceding.. He did not know what defence it was intended to set
up against' this 'case ; but he was' convinced that if he had
made out in evidence what he hadi Mentioned to.them, they
'would:4W, by their verdict that he lied established. the
,mative side of the issue which they were- empanelled to de.

Witnesses were called who fully substantiated this state-

_ .
ment. A great many bills of exchange, draw upon and ac-
cepted by Mary Phillips and Son, were put in; but it appeared,
upon-cross-examination of some of the-witnesses, that Mrs.
Phillips could neither read nor write, and that the acceptances
were all written by 11. Phillips. It was proved that the name
of Phillips' anti` was on both shops, and that a person who
sold hats ern commission for Phillips and Son had received
them from the mother. ,An admission of Mrs Phillips that she
bad taken her son into partnership was proved ; and en affida-
vit of debt was produced, in which Henry Phillips had sworn
to the same fact. Under these circumstances,
Mr. Sergeant WILDE said that he was not prepared to an-
swer this case, and the 7nry, after they had been shortly
charged •by the Lona Cu lEF JUSTICE, returned a verdict,
finding the issue in the affirmative.

CAMERON v. BAKER.
Mr. Sergeant Vaiicatax stated that he felt extremely sorry
to be obliged to open this case, but whatever the Consequences
might be to the defendant, he owed them to his own obstinacy.
—The plaintiff; Mr. A. Cameron, many years ago married a
young lady,: the first cousin of the defendant. He was sorry to
say, that the lady in question had, by improper intimacy with
the defendant before her marriage, born an illegitimate child ;
and to recover the money agreed to be paid by the defendant
for the maintenance of the child the present action was brongla.
( This case has'aiready, been before the public ; we shall there.
foreconfine ourselves to the evidence offered.)
Smith exainined—Produced a common bail filed in the
cause of Cameron and Wife Baker, in Easter Term 1840•
C. B.:Field examined—l was attorney for the plaintiffs in
the cause alluded to by the last witness ; it was settled. Mr.
Martin was the defendant's attorney. Before the action WO.
brought I applied to the defendant, statint,r, my reluctance to
bring the action., He referred me ,to Mr. Martin as his atter.
ney, and said that -any thing Mr. Martin should do, be aft
fendant) would be satisfied with. In consequence, I entered
into an agreement with Mr. Martin, of which this is a cociP
Cross-examined—I was present at NVestminster when dm(
first trial in this cause was had. I was not examined on tom:
occasion, because his Lordship thought It was unnecessary.
The agreement was then read; which specified that the sum
of 2201. should be paid by the, defendant ; 501. of which to be
vested for support of the child in question.
Plaintiff's case closed.

Mr. Serjeant YELL addressed the Jury for the defendant.
Martin examined.--I am an attorney, and I knew 1.14'
father of the defendant, and the defendant himself. Atter the.
intended action referred to by the witness Field, had been
brought, I had conversations with the defendant. I considered'
myself authorised to enter into the agreement read here the
day. The defendant might have been aware of the
_nature of
that agreement before its execution. All I did, however, will
through the father. The money paid on account of the Agit"
ment was supplied by the defendant's father.
Cross-examinect—The defendant inust have been in commu-
nication with his father during the negociation, and consequent-
ly knew what was going on.
Re-examined—The defendant always grumbled when re-
ferring to the transaction. He authorized me to make the
agreement in question. He did not object to the agreement,
but to the terms of it, he having paid so much already.
Mr. Serjeant VAUGHAN replied.
The CHIEF JUSTICE charged the Jury, who returned
verdict for the plaintiff—Damages 501. hat'
(It was agreed at the suggestion of the Chief Justice, t
the sum of 50/. abovementioned should be vested in Trusted
for the benefit of the child.)

BATTLE WITH AN ALLIGATOIt.—The liingsloft
(Jamaica) Royal Gazette of May 129, contains the following es-
traortlinary narrative :—" Monsieur Francois, ti French fisher'
man of this city, on Friday se'nnight, was employed in catch-
ing fish at Cow Bay. Being fatigued, he threw himself on the
sand to rest ; shortly after a slight shower of rain fell, which.
with the wind at the same time, covered him with the drifting •
sand ; in this state he got up, and went into a neighbour fl
pond of fresh water, and beginning to wash himself, was seized
on by an alligator, which lacerated him dreadfully. 31onsion.'
Francois grasped the animal by the head, and succeeded in
diientangling himself from its hold; it then seized him by the
,leg which was much torn, but he effected his escape to the bangt,
where, laying himself down, he was followed by the alligatcr/'
which again seizing the leg, attempted to draw this now safra•
ing and bleeding man into the pool, but he was relieved from
his perilous situation by persons who came to his assistance. •
lie was brought to this city in his fishing canoe, and bashe,n.
declared out of danger : he is hi a fair, way of resuming his 114' •
bits of industry hi a short time."
A dreadful occurrence took place in this toso'
on Tuesday last. An over-driven cow ran into the yard of
of Mr. Cutbush, carpenter, front whence an, elderly cno'
named Ellis, attempted to drive her. The enraged animal is
at him ; and he, in endeavouring to escape, fell into a saw•Pit*,•
There the cow fell upon him, and so dreadfully injured hit'',
that he shortly after expired. It was found necessary to sheet'
the cow before the unfortunate man could be extricated.--
(Alafdslone Gazette.)- •
The following discovery has been announced
at Munich :—Lieutenant lIEBENSTREIT has in•
vented a process by which he makes a species of
caterpillar spin a kind of wadding, which is of a'
'fine white colour, und water proof. lie made a
balloon of this stuff, and raised it by means of a
chafing-dish with spirits of wine, in the larger
warehouse where he• keeps his caterpillars :E;
work. He makes them trace ciphers and figuro
in the 's adding. He accomplishes this by moist.'.
enitia• outlines of figurei or letters with spirits of,
of wine. The caterpillars avoid these tracifig9l;
find
was
msfip tegaurudfffree.se,cpbiwilAtyyit
iitacpill:iteloieiricurieueiswsoeabofebn
edacin,ar,
aao(tidesurradnpvibidin.
,n is
nlbeetaltTs representedwfheeteauenirsteattsl
the
i:eun
and: the 26th of June.

NETEOROLOGICA L JOURNAL.
BY R. BANKS.
PIiTtnNOPHICAL IN4TRUMRNT M&KRR.

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meter.

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.114 9 68 76 59 39.05 Fair . Rat
lo 68 173 57 50.00 Fair
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11 67 74 CO .15 pu. D..P.
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1 the above eight days.

in the above eight days.
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COAL MARKET, Jim!' 91.
Ships at Market. Ships.sold
394 Newcastle- "
11 Sunderland -

price•
2,9 s tid to 511.
30s 6d to Ps

At Beddington. in Sur BIRTH.
rey, on the 20th, the Non. 1.44 Y
Ilelen Wedd erburn, of son.

MARRIED. . churcli'
On Wednesday, the 21st inst. •at St. alargret:' amok
M'estrninster, illiam Retries, 'Esq., of, Fit?-oarr's eae'
perks, to Caroline Anne, only daughter of Simon Stephen
of Great Queen-street, Westminster. fir'
On Tuesday, the 20th inst., at St. John's, lincknei
Thomas :Vinkworth, of Cheops:de, to Miis Sarah Reel,
of Newmarket.
On Tuesday, at St. Morylehone church. Sir Thomas Ortr.H, ~.er
Bart., to blary Martin, only daughter of Major.GenFr'
Bebow, of il'irenhoe Park, in the county of Essex.

di
rlitu-;' c•
On Monday, July 19, in the 7ill year of her age, ~ ~ c.
liarriet, youngest daughter of the /lon- Colonel 4-mligf.
Upton House, Alresford. - 'ls'.
On the 1d inst., at MS seat, Ile*? COperittagerl. AbrAlnidepl,
koe, Esq., of theisland of -St. Croia, in his 69th year,
lamented by his family and•friends. sculial
On the.2lst irst., aged 50, Elirsheth, wife of John '
;slorle, Esq., of Barossa-place, Islington. .
_ . .

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