The Sun.
London, England, 1841-12-17 00:00:00

alleging adultery upon the part of the wife, which, if
proved, would exonerate the defendant from the liabi-
lity. He called several witnesses, who proved the mar-
riage of the parties in 1832. Two years afterwards,
after they separated, and the wife had to support her-
self in the best manner she could. She at one time was
in service, and at another kept a school for female chil-
dren, and at different times lived at various lodgings.
where a man named Holman visited her, and, according
to the testimony of the witnesses, was seen to kiss her,
and sometimes put his arm round her waist.
To meet 'he case Mr. Platt called Holman, who stated
that his attention was first called to Mrs. Johnson by
his mother, who said she had been very ill-used by her
husband, who had deserted her, and who desired him to
do her any kindness in his power. He assisted her to
remove on one or two occasions, and having met her at
a lodging-house, to the landlady of which he was pay-
ing his addresses, and seeing her anxiety to do well
and provide for her child, he did call upon her some-
times to see how she got on, but he swore positively that
nothing criminal had ever passed between them. He
also put the daughter of the defendant into the box,
who h'd always lived with her mother, who always
slept with her, who had seen Holman often call, but
never saw any familiarity between them. It was also
proved that the defendant, who was living in adultery
himself; not only refused all assistance to his wife, .but
on several occasions had threatened to ruin her.

The Jury found a verdict for the defendant.

COURT OF COMMON PLEAS, Dec. 16.
(Continued from our Afternoon Edition of yesterday.)
BORRODAILE V. SIR C. I!UNTER, BART., AND OTHERS.
Upon the part of the insurers, the facts of the case
were stated to be these :—The Rev. William Borrodaile
insured his life in the London Life Association in the
sum of 1,0001 This was in the year 1824, at which
period he married his wife, the present plaintiff. The
suicide was committed in 1838, under these circum-
stances :—On the 10th of February he left his residence
at Wandsworth, early in the morning. intending to pro-
ceed towards London. At ten o'clock in the day he was
met by a Mr. Unwin, on the road leading to Vauxhall-
bridge, and that individual noticed an alteration in
his manner at the time. The next time he was seen
by any one who was acquainted with him was about
one o'clock, when he was beheld climbing upon the
parapet of Vauxhall-bridge, whence he threw him-
self into the river and was drowned. Under these
circumstances, application was made to the Insur-
ance-office for the amount of the policy, which had been
bequeathed to the widow and children of the deceased ;
but payment of the sum was refused, on the ground that
Mr. Borrodaile had committed suicide, and that this, ac-
cording to the words of the instrument, vitiated the po-
licy, as he had " died by his own hand." The present
action was, accordingly, brought to recover the amount
of the policy of insurance• upon this gentleman's life.
From the evidence. given on behalf of the defendants, it
appeared that, according to the opinion of the witnesses,
the Rev. William Borrodaile was of sane mind at the
period of his death ; and that as a proof of the same, he
had only on the preceding Sunday administered the Sa-
crament, as usual, in his own church. Mr. Justice
Erskine said, he supposed that the mere act of destroy-
ing himself, whether in sleep or by accident, would not
be contended by the defendants to bring a man within
the meaning of the words=" died by his Oil n hand." If
this gentleman had voluntarily precipitated himself into
the water, to destroy life, then the case would be within
the meaning of the words in the policy ; but if his mind
were then so far gone that he did not know the probable
consequences of what he did, then it would not be within
those words.

The case for the plaintiff was then proceeded with,
from which it appeared that the deceased gentleman
was married in 1824, and that he was in the re-
ceipt of about 8001. a year from his living at Wands-
worth. Latterly, however, he had suffered under diffi-
culties, and had been much distressed in mind, from the
default of a tax-gatherer in his parish, for whom he had
become surety, and on account of whom he had to pay
5,0001. Shortly before his death he became depressed
and melancholy and disquieted in his manner. On the
morning of the suicide he had ordered clothes to be
packed up for him, as he intended to join his wife and
children at Worthing that day; and all his acts on that
morning showed that he went oat with an expectation of
life. There seemed every reason to believe that the
thought of self-destruction came suddenly, and that the
act was not one of premeditation and deliberation. The
deceased had no motive for self-destruction, and therefore
that act must have resulted from a state of insanity at the
time he 'committed it. The witnesses all spoke of the
decided alteration in his manner for some time before,
and on the day of his suicide. Dr. Morrison, the physi-
cian, was called, and said that from the evidence he had
heard during the cause respecting the conduct of the Rev.
Wm. Borrodaile, he was of a decided opinion that the
gentleman was not in a sane state of mind at the time
he threw himself into the Thames. The witness said
he had come to that conclusion on the subject of the
insanity of the deceased, from the change in his man-
ners, the depression in spirits, and the restlessness he
exhibited. The witness had no doubt that Mr. Borro-
daile laboured under the symptoms of incipient insanity,
that exploded in the act of self-destruction. He had
often known in similar cases patients to commit suicide
from a sudden impulse, and without any previous inten-
tion to commit the act of self-destruction.

Several other physicians were examined, and gave
similar testimony as to their opinion of Mr. Borrodaile's
insanity, after having heard the evidence adduced upon
that point.
This closed the plaintiff's case.
The SOLICITOR-GENERAL having replied on behalf of
the defendants,

Mr. Justice '
ERSKINE summed up, and the Jury re-
tired at half-past nine, and returned at ten o'clock with
the following verdict :—" That Mr. Borrodaile threw
himself into the , river with the intention of destroying
himself, but that there was no evidence of his insanity
previously to the act.
His Lordship having objected to the verdict, the Jury
again retired, and returned with a verdict for the plaintiff.

COURT OF BANKRUPTCY, Dec. 16.
IN RE W. HITCHCOCK'S BANKRUPTCY.
(Continued from our Afternoon Edition of yesterday.)
Mr. SOLE now called upon Mr. Ashurst to place
Messrs. Cook and Gladstone in the box as he had pro-
mised.
Mr. Asitunsir would redeem his pledge at the proper
time, but he wished to have the whole of the bankrupt's
examination finished in the first instance.
Mr. MARSDEN said, if there was any gentleman who
wished to examine the bankrupt he was now ready to
answer any questions that might be put to him. He had
nothing to conceal, and was anxious to meet the charges
that had been brought against him.
The COMMISSIONER said it would appear that Mr.
Ashurst supposed that it was intended to call some wit-
nesses in support of the bankrupt's evidence.
Mr. MARSDEN said that Certainly was what he intended
to do. He hoped, however, he would be allowed a. few
days to prepare his case.
Mr. ASHURST had no objection whatever to such a
course. He would give him time to make copies of the
depositions.
The Com Mammal. thought it would be as well now
to hear the official assignee's statement of the balance
sheet, as that might guide them in their future operations.
Mr. SOLE.now proposed to call Mr. Wheeler.—(Ap-
plause.)
The CommissroNEß said, if these noises were perse-
vered in he would be compelled to adjourn the Court.
The statement of the official assignee was then read as
to the balance sheet up to llth January, 1839, showing
a surplus of 3,8001. up to that date. The balance sheet
of 1841 showed a surplus of 3,288/., and then ho would
leave a deficiency of 13,0001. to be accounted for from
that period up to the time of the bankruptcy. The in-
vestigation was said to be cursory because the official
assignee had not had time to examine the books.
Mr. MARSDEN was instructed to say that that balance
sheet was commenced, and that period agreed upon by
the bankrupt and the official assignee and Mr. Sole.
Mr Hitchcock was ready to give any further informatio'i
in his power. He would be enabled to give a sufficient
explanation of the profit, which was stated at 121 per
Cent., and which would show why it was that there was
not a larger balance in his favour. He wished the ex-
amination to be adjourned for a sufficient time to en-
able the bankrupt to give a full statement of all his af-
fairs to the Court.
The Official Assignee said the period of January, 1839,
had been agreed to, as that was the time up to which the
bankrupt said he would be enabled to give a clear state-
ment of his affairs. Now the bankrupt had merely given
the totals, and he had reason to believe that they did not
agree with the totals that had now been drawn up.
The Bankrupt thought the official assignee should be
at all events disinterested, and when he stated that he
had applied for certain accounts; it would have been more
in accordance with his public duty, and more just to a
fallen man, if he had stated that the bankrupt had not
had time to prepare these accounta, instead of passing
a censure upon him...He was prepared to show that lie
was solvent in January, 1839. When he showed a ba-
lance of 3,800/. less to the time of his failure there were
no stock takings in his own possession, and when he ap-
plied to Cook and Gladstone they said they had no stock
takings of his, but afterwards they selected that of 11th
of Jan., 1839, as being that which would best answer
their purpose. As to the deficiency of 13,000/., which
was said to exist, he denied that there was any regular
balance sheet of January, 1841 ; and as to the document
in Cook and Gladstone's handwriting, he would prove it
to be a falsehood altogether, and he would stand or fall
by that assertion.—(Loud cheers.)
The COMMISSIONER said he should adjourn the Court,
and declared the Court adjourned.
The bankrupt was about to make some further obser-
vations, when
The COMMISSIONER said—" The examination is ad-
journed sine die, and whenever the bankrupt is ready to
proceed he must apply for another sitting."
The COURT was then cleared by the officer, and at
half-past two the proceedings abruptly terminated in the
way above stated.

INSTINCT 01 PLANTS.—A rather remarkable
instance of the instinct of plants in searching out food
and support for themselves, is just now to be seen in the
woods of Comrie. An oak tree, high perched upon the
point of a comparatively bare rock in the face of Dun-
more Hill, finding its home supplies of soil and hedd
rather stinted, and observing (one is almost inclined to
think) a more fertile spot below, has sent off a foraging
party in the shape of a large " root trunk," for several
yards directly down the precipice on which it stands.
This root-branch, after reaching a projecting point of
the rock, bends horizontally towards, cleaving firmly to
the rock in all its course, till it reaches another face—
down which it again descends, until it eventually seizes,
in its many-fingered grasp,
the object it travelled so far
in search of.—Stirling Advertiser.
Intelligence reached Dublin on Monday that
Mr. Wynne, of Hazlewood, Sligo, brother-in-law of the
Countess De Grey, died on the previous day.