The Sun.
London, England, 1841-08-02 00:00:00

DA ir, AUG

that this was not the female with whoin she had been in
coint)any- on. Friday night. Butson consequently was
again returned to her home.

LAW INTELLIGENC .
COURT OF CHAWCERY, July 30.
TULLOCK Z. HARTLEY.

The further argunients in this part-heard case, the
facts of which we stated yesterday, were resumed this.
morning, and occupied the whole day.

ROLLS' COURT, July 31.
SHEPPARD V. MORRIS, AND MORRIS V. SHEPPARD.

The MASTER of the ROLLS was occupied the whole
morning in hearing the arguments in the above cases,
which have now been before him for two days.

VICE,-C4ANCELLOR' S COURT, July 31..
His Honour the VICE-CHANCELLOR took petitions
and short causes this morning, but nothing of public in-
terest occurred.

COURT OF BANKRUPTCY—JuIy 31.
(Before Sir F. WILLrAms.)
IN THE MATTER OF RICHARD SMITH.
The bankrupt in this case, who carried on business as
a butcher in New Stafford-street, appeared in Court to
pass his final examination.
Mr. Weir, the solicitor to the fiat, said that although
the accounts were not quite satisfactory on some points
connected with the estate, yet he was instructed to in-
form the Court there would be no further opposition
offered by the creditors to the bankrupt passing his final
examine tion.
Sir F. WILLIAMS said that perhaps by pursuing such
a course, the estate could be made profitably available to
the creditors.
The bankrupt accordingly passed his final examination

ASSIZE INTELLIGENCE.
NORFOLK ClRCUlT—Norwich, July 28.
(Before Mr. Baron ALDERSON and a Special Jury.)
PALMER AND FISH, EXECUTORS OF HOWES, U. IRVING, ESQ.

The following is a fuller report of this case, which we
briefly noticed on Friday.
The plaintiffs are the executors of the assured, Howes,
Palmer is a respectable attorney, and the Mayor of Yar-
mouth, and Fish is a cabinet-maker in the same town.
The defendant is chairman of the London Alliance As-
surance Company. It appeared that the assured was
born at Yarmouth in 1817, and lived there until the
year 1838, when he went to try his fortunes at Hull.
He was then a surgeon's wax instrument maker, but in
1839 he utterly failed.and gave up business. He was at
Yarmouth once or twice between the time of his failure
and the Ist of October, 1840, when he finally left Hull
and went to live in his native town. He was at that time
in want of money, and some few hundred pounds
were advanced by the plaintiff (Palmer) to him. He
had no security to give but it was proposed
that lie should insure his life, and accordingly
he, in the month of October, forwarded proposals
to the Alliance, the Argus, the Law Life, the
Crown, the Economic, and Palladium offices for insuring
his life in various amounts. Howes answered the ques-
tions put to him by the offices, and several respectable
medical men, and amongst them the medical referee of
the Alliance, certified T.O-the goodness of his health. In
the result, the proposal to the Argus was not persevered
in, that to the Economic was rejected, and Howes
succeeded in effecting policies with the Alliance and
the three other offices to the amount of 3,8001. This
done, it was proposed by Howes that he should assign
the policies to Palmer as a security for the money
advanced, and accordingly a draught deed was pre-
pared for that purpose, but never engrossed. On the 21st
Nov. the policy with the Alliance was completed, and a
very few days afterwards the assured became very unwell,
betook himself to his bed, and died on the sth December.
Mr. Farrier, a surgeon at Yarmouth, who at that time
was medical referee of the Alliance, and who certified
the insurable life of Howes, was called in by Towler,
Palmer's clerk, to attend the assured on the 30th of No-
vember. He saw him, and at once pronounced that he
was doomed never to rise from his bed, and his predic-
tions were verified. Ferrier called on the evening of the
same day, when he found Towler in the sick man's
room. The assured said " lie was making his will,"
and asked Ferrier to attest it, which, after reading it
over to Howes he did. By this will Howes, after recit-
ing that Palmer " had on several occasions kindly as-
sisted him in his difficulties by the advancement of
various sums of money, when he was unable to give
him any, or but very inadequate security for the re-
payment," bequeathed to Palmer " all and every his
real and personal estate whatsoever, and wheresoever,
whether in posSession, reversion, or remainder, vested
or contingent," &c., subject to the payment of his funeral
expenses and debts. The assured's effects were sworn
under 4,000/., the policies alone being 3,800/. This will
Towler stated was preparo by him at the express request
and direction of Howes, without any knowledge of the
plaintiff, but he took:the will to Palmer on the following
day. In order to show, the insurability of the assured's life
25 witnesses were called, from Hull and Yarmouth, who,
undoubtedly, gave hith an excellent character for sobriety,
and health. They one and all said they had frequent oppor-
tunities of witnessing the habits of the assured, and from
their account he appeared to be a miracle of temperance,
especially for one whose life was passed in public-houses;
he seemed also to be free from even the ordinary bodily
ailments of humanity. Ntimerous medical men, in-
cluding all who had examined him for the insurance-
offices, deposed to the soundness of his constitution and
the entire absence of consumption, they having applied
the usual tests without detecting the presence of that dis-
order. In order to account for the sudden and enormous in-
crease of disease about the time the policies were effected,
it was shown that there was 'a great storm at Yarmouth
about the middle of last November, that the assured was on
the beach, watching the efforts of a vessel in distress, that
he then and there caught a cold, which fell on his lungs, and
brought on rapid inflammation of them, and which car-
ried him off in a few days. Ferier, who attended him in
his last illness, stated that the mucous discharge was
thick and tenacious, indicative of acute inflammation of
the lungs, brought on by recent cold, and not at all indi-
cative of morbid and long-standing disease or consump-
tion.

Mr. Law addressed the jury most ably and at great
length on be half of the defendant, and at a late hour the
Court adjourned.
THURSDAY, JULY 29.

The trial was resumed this morning, and three sur-
geons from Hull were examined. Their evidence showed
that in 1839 they had attended the mother of the as-
sured in a case of decided pulmonary consumption,
of which she died in March, 1840, at Hull. One
of them at the time he was attending her had frequent
opportunities of seeing the assured, and told him that
he was afflicted with the same disease, and that un-
less he altered his course of life he would follow his
mother to an early grave. He was at that time indulging
in habits of intemperance. The two other doctors at-
tended the assured himself in 1839 and 1840, when he
was afflicted with the same disease of which his mother
died. He was told of his danger and warned that he
would not live a twelvemonth unless he wholly gave up
drinking ardent spirits ; he asked one of them if he
thought he should recover if he went to his native town
(Yarmouth), and was told that it was at all events the
best thing he could possibly do, and he left Hull and
went to Yarmouth shortly afterwards ; on his arrival at
Yarmouth, however, he continued in habits of intempe-
rance, and in a few months was in his grave.
Mr. Baron ALDERSON, at this stage of the proceedings,
asked Mr. Thesiger if he could contradict the fact that
the assured had been attended by the medical men in the
manner they had represented?
Mr. THESIGEq replied he certainly could not.
The Learned JUDGE then said he would, if Mr. The-
siger wished it, take the opinion of the Jury as to the
truth of the surgeons' evidence ; but if it was admitted
to be true, he was very clearly of opinion that the
cause was at an end. The 7th plea of the defendant
stated, that the policy was obtained by Howes by
fraudulent misrepresentation. One of the questions
put to him by the office was—" who was his usual medical
man?" to which he deliberately and under his own hand
answered, "he never had a medical attendant." Upon
the faith and belief of that, amongt other representations
of the assured, the office executed the policy ; it was now
proved to be false, within the knowledge of the assured,
and the plaintiffs, therefore, who sued only as the execu-
tors of Howes, could not recover. The Learned Judge
said, he had no doubt on this point, but he would consult
his Learned Brother. His Lordship accordingly left,
and on his return he said Mr. Justice Williams entirely
concurred in the view he had taken. The Jury were
then directed to find a verdict for the defendant, upon the
plea alleging that ,Howes obtained the policy by fraud,
and were discharged from giving a verdict upon the other
issues, the finding for the defendant on this material one
having rendered it unnecessary to consider the others.

WESTERN CIRCUIT—Exeter, July 29.
The commission for holding the assizes for the county
of Devon was opened in this city yesterday by Mr. Baron
Rolfe. His Lordship then proceeded to the cathedral,
and attended divine service.

The calendar contains the names of 39 prisoners, and
there are 23 cases entered in the cause list, 2 of them
are to be tried by special Juries, and it is to be under-
stood that 7 of them are undefended.
A horrible murder has been committed here within
the last week, but whether or not the parties will
be brought to trial at the present assizes is doubt-
ful ; the case is now undergoing the most
searching investigation before the magistrates. A re-
port is current that a man has made a confession, and
such a statement has appeared in one of the provincial
papers, but I am assured that it is without foundation.
Upon the inquest the Coroner stated to the reporters that
the publication of the proceedings world in all proba-
bility have a tendency to defeat the ends of justice, and
required from them an assurance that they would not
publish anything that might then take place until the
inquiry was concluded. The reporters not choosing to
give any reply to this request, the Coroner at once
ordered the room to be cleared, and the reporters and
the public were excluded.
This morning the actual business of the assizes com-
menced, Mr. Baron Rolfe sitting in the Crown Court,
and Mr. Justice Maule on the civil side.

CHESHIRE.—Chester, July 29.
The Commission of Assize for this county was opened
at Chester yesterday evening, before the Lord Chief
Baron and Mr. Justice Erskine.

CROWN. SIDE.
This morning, at ten o'clock, Mr. Justice. Erskine took
his seat in the rown Court, and after the Grand Jury,
of whom Sir R. Brooke was Foreman, had been sworn,
the Learned Judge delivered his charge.
The calendar is unusually heavy for the summer as-
sizes ; no le,ss than sixty-five prisoners, several of whom
are for very serious offences. There are five charged
with wilful Murder, one with rape, two with stealing
1,0001. in bank•notes at Sandbeach, and no less than
fourteen with burglary, some of an aggravated nature.
There are also eleven for taking part in the recent elec-
tion riots in the county, and the calendar is distinguished
by several cases of stabbing, and one nameless offence.

ST 2, 1841.

POLICE INTELLIGENCE.
MANSION-HOUSE.

A German jewel commission agent, named Schtnal-
colder, who was some time ago charged with having.
robbed Mr. Lyon Samuels, an extensive diamond-mer-
chant, of diamonds of considerable value, was brought
up fdr final examination. He had been remanded from
time to time since the 19th of Jun, at his own request,
in order that he might-have opportunities -of settling the
business, either by restoring the diamonds' to the owner,
or making restitution in some other way.
It will be recollected that the prisoner, with whom the
prosecutor had some slight dealings, underwent a rigorous
examination by Sir PETER LAURIE, who sat when he
was first brought up in custody, and that it was stated
upon that occasion by the prosecutor that the prisoner
called upon him, and said he wanted some diamonds to
take to Messrs. Knock and Williams's' of Frith-street,
Soho, from whom he had an order for a supply ; that the
prosecutor gave the prisoner an order upon Messrs.
Blogg and Aston; diamond-brokers, for the deliver), of
several diamondS which they had in- their possession,
his property ; that the prisoner, instead of returning,
sent a letter to the proseeutor by a boy (who upon deli-
vering it ran away), stating that the diamonds were lost,
and that the prisoner was apprehended at a late hour in
the morning, when no doubt he was -about to leave Lon-
don entirely. _ _ _

The Loin. MAvou asked whether the accusation was
to go on ? Mr. Norton, the attorney for the prosecu-
tion, said that the case must proceed, as the prisoner,
who had been remanded from time to time at his own de-
sire, had made no arrangement.
Mr. Samuels, having repeated his evidence, stated,
upon cross-examination, that he never entrusted the pri-
soner with goods otherwise than as a commission agent,
and would not have given him credit.
Mr. George Blogg, of Buck lersbury, diamond-broker,
proved haying delivered a parcel of diamonds to the pri-
soner. wlio had with him a paper box, which did not
appear to be broken,
Mr. Mann, clerk to Messrs. Knock, jewellers, stated
he never saw the prisoner before, and had received no
directions from his employers about the diamonds.
The prisoner's solicitor admitted that his client did not
know the firm.

When the prisoner was taken into charge, a letter was
found in his possession, the copy of that which the pri-
soner had sent by the boy to the prosecutor, as to the
loss of the diamonds, and concluded with imploring the
prosecutor's compassion, and was subscribed his " unfor-
tunate but honest servant," at which there was loud
laughter.
The LORD MAYOR thought there was no occasion for
further comment. He should send the case to a Jury.
The Solicitor begged that bail might be admitted, as
the charge only amounted to a misdemeanour.

Mr. Norton—lt amounts to constructive felony, but,
to please you, I will indict both for felony and misde-
meanour, so that we shall have him one way or the other.
The LORD MAYOR refused bail, and the prisoner was
committed for trial.