The Sun.
London, England, 1841-12-18 00:00:00

NEW PRISON.

It appeared from the Report of the Visiting Justices
of this Gaol that there were at present confined there 96
prisoners, viz., 54 males, 27 females, and 15 boys.

MAXWELL LUNATIC ASYLUM.

Mr. P. LAURIE requested the Magistrates would pro-
ceed to the consideration of the Report of the Visiting
Justices of the County Lunatic Asylum at Hanwell, and
also the Report of the resident physician thereunto an-
nexed, and which were laid before the Court on the last
county day. From the length of time that has elapsed
since the system of non-coercion mentioned in the Re-
port had been adopted at the Asylum, the Magistrates
had had ample opportunities of judging of its effects,
and were now fully competent to decide whether it should '
be continued or not. He was about to propose a resolu-
' tion to the effect that the Magistrates approved of the
present system. He confessed that he felt a very con-
siderable degree of anxiety as to the result of his motion
convinced, as he was, that the question about to be
discussed was among the most important subjects that had
ever been brought under the notice of that Court, and the
result was looked forward to with considerable anxiety by
the people of France, Belgium, German.), and America,
and if the present system was sanctioned by the Court,
there could be no doubt that it would have a considerable
effi!ct in those countries. It was only fifty years since
that the treatment of lunatics in this and other countries
was that of criminals of the very worst character, and
the places appointed for their reception, were neither
more nor less than ill-constructed and badly-arranged
prisons. The French were the first who endeavoured to
ameliorate the condition of these unfortunate persons.
Mons. Pinel made the first attempt, which was attended
with the most beneficial results. His plan was soon after
introduced in this country, and had been attended with
success. In fact, receptacles for insane persons werenow
hospitals for their cure, and not as formerly, mere places
for their safe custody.—(Hear, hear.) With regard to-
the Hanwell Lunatic Asylum, great and important alter-
ations were effected by the late Sir William Ellis ; but
Dr. Conolly, soon after he had been appointed the
resident physician, went farther, and said, that all
mechanical restraints might be altogether dispensed with,
and accordingly, ever since September 21, 1839, they
had been altogether discontinued. A period of two
years had since elapsed; and, in an asylum that, on an
average, had contained about 1,000 patients, restraint
had not been applied in any one instance, and the altera-
tion had been attended with the happiest results. He
did not intend to call upon his brother Magistrates to
pledge themselves to a continuance of the present system,
but merely that, as far as it had been tried, it had been
attended with the most beneficial results. The worthy
Magistrate here read several extracts from the reports
of the Visiting Justices and Resident Physician ; and
proceeded to remark that many persons considered
that patients disposed to suicide. -and those subject to
epileptic fits, ought at all events to be kept in some
degree of restraint, to prevent them from injuring either
themselves or others. In answer to that, he would
' state that, within the last year, eight patients, who
were disposed to commit suicide, had been admitted
into the Asylum ; that no restraint whatever had been
imposed upon them, and that no bad consequences had
resulted.—(Hear.) He was happy to state that the
success that had attended the anti-coercion system at
Hanwell had led to its adoption in several other asylums,
In conclusion, he would call the attention of the Court
to the Adelaide fund which had been established by her
Most Gracious Majesty the Queen Dowager, for the pur-
pose of providing for the future welfare of persons on their
being discharged from the Asylum cured. Il 0 muchi d
regretted that the report of the Visiting Justices did
not contain any notice of that theit excellent
t.t
uncharity—(Hear, hear)—and that indepcßtja,t4 of that
d a
sum of money was not placed by
,the ,c!).uinty, at the
disposal of the Visiting
Justices, to. be distributed as
they might think fit among morou,un ftortuna th
te personseex-
penses who were discharged from the Asyimo defray
of their return home. The Visiting Justices of the
ssts differentnee tgoa olsh
dischargeda d the powerin os
criminals,
e surelying thish
tkel kink of° a
o
frt us:
nate • persons who were discharged from the County
Lunatic Asylum had a much stronger claim to that sort
of assistance. The latter had been rendered destitute
from no fault of their own. On their return to their
miserable homes they found them completely deserted.
their
They had no friends to whom they could apply ,for as-
sistance, and it not unfrequently
happolNy wretch
thatfact
i
aCti r manyci
-
im
first effect of returning reason was to regret their
restora-
tioninstantcoehealth,
relapsean d
wereit waos
owing
ge melancholy c
theh
stances in which unfortunate lunatics found
the Asylum.
The Learned Gentleman' concluded 'by moving
lowing resolution the fol-
. That on a full consideration
ResidenttHanwellysici presented
of thes
Visiting Justices and of the of the reports of the
County Pauper Lunatic Asylum, a
on the county day of the last h
sions, this Court is of opinion that ietialeelmas
ignuoarf
nwlr s
ana,e-
Physician
ment pursued therein for the last two s3)-e'satr es
has been at-
tended with highly beneficial results and affords strong
evidence in support of the opinion that the personal co-
ercion of the patients may be safely abolished, by the
substitution of uniform kindness, efficient superintend-
ence, and constant vigilance ; and also that such system
tends greatly to the amelioration of the condition and
the increase of the comforts of the patients, and on these
considerations this Court now express their confidence
in the advantages, and their sanction of the continuance,
of the system of non-restraint as now practised in the
Hanwell Asylum."
Mr. Sergeant HALCOMBE opposed the motion, •on the
ground that the discussion ought not to be gone into
pending certain proceedings that had recently been in-
stituted in the Court of Queen's Bench.
After a strong discussion, the amendment was nega-
tived by a majority of thirty-two, there being seven in
favour, and thirty-nine against it.
Mr. Sergeant ADAMS, other Magistrates,
eloquently several
eloquently addressed the Court in favour of the non-
coercion system,the resolution was carried by a
large maj and
ority. •
Mr. cuarles Wright nes. elected housekeeper of the
Sessions-house, in the room of the late Mr. Richards.
There were sixty Magistrates voted, and there were three
candidates. Mr. Wright had fifty-seven votes.
The Court then adjourned, after the transaction of
some other business of minor importance.

MORNING SUN

I:Cgt3)lV, tIUNDLING, THE COURT'

FOOL.
The trinity of Chatnbetlain was destined to experi-
ence the satirical humour of the King, who, in 1726,
conferred the token of it, on Baron Gundling. At a full
meeting of the smoking club, the appointment was deli-
vered to him, and the gold key fastened by the riband to his
coat. Gundling was vain enough to feel highly flattered,
and never went abroad without his gold key. But, se
his daily course led to the wine-shop, and be frequently
slept off his debauch in filthy places, some officers one
day, for a frolic cut off his key, and carried it to the
King. Next day, when Gundling appeared at Court
without his key, the King took him severely to task,
and intimated that he must expect to be treated in the
same manner as a soldier who parts with his musket for
drink. In vain did Gundling implore pardon ; the
Kiog pretended to be very angry, and desired him to
come to him the next day. Here, in solemn conclave,
a wooden key, gilt,at least a yard long, was handed to him
on a wooden platter of proportionatedimensions,andfas-
tened by a huge blue riband to his bosom, that it might
always be in his sight. He was ordered never to ap-
pear without this key upon pain of the royal displeasure.
After he had dragged this ponderous distinction about
for a week, the lost key was restored to him, and this
time he had it fastened with strong wire to the skirt of
his coat by a locksmith. By way of a new frolic, the
King ordered an ape to be dressed exactly like Gund-
ling, and decorated with a chamberlain's key. At din-
ner he then reproved the grand master of the ceremo-
nies for his dissolute life, and for his youthful transgres-
sions, saying it was scandalous that he should turn his
children adrift in the world without making any pro-
vision for them. Gundling would have vindicated him-
self, when the ape, his counterpart, was brought in and
presented to him as his son, and Gundling was forced
to acknowledge, and embrace him, the little brute at the
same time making some sharp attacks on his father's
wig,"—Campbell's Frederick the Great and his nines.

OMMISSION OF LUNACY—Yesterday a Com-
mission of Lunacy was opened at Hornsoy wood Tavern,
before Mr. Commissioner Phillimore and a"Special Jury,
of which Arthur Smith, Esq., was Foreman, to inquire
into the state of mind of Mr. Charles Carter, an inmate
of Northumberland House Private Lunatic Asylum, at
Stoke Newington. It appeared from the evidence that he
was a native of Chelmsford, Essex, and had been under
confinement since the year 1S18; he was in the habit of
fancying himself surrounded by a great number of per-
sons, and would swear and abuse imaginary beings. He
had no idea of the value of money, and the faculties of his
mind appeared to be entirely prostrated. When he was
introduced to the Jury he started back and seemed to be
exceedingly timid. All attempts to make him understand
the nature of the investigation were fruitless, and upon a
sovereign being shown to him he stated that it was a seven
shilling piece. One unusual feature in the case was that
the unfortunate gentleman expressed himself perfectly
happy, and exhibited great anxiety to get back to
Northumberland House. The Jury, after a patient inves-
tigation, found Mr. Carter insane, and incapable of go-
verning either himself or his property.
SHOCKING ACCIDENT.—Between one and
two o'clock yesterday afternoon, Charles Martzeki,
aged thirteen years, the son of respectable parents, re-
siding at Union Wharf, Cumberland Market, Regent's
Park, in proceeding along Warren-street, Fitzroy-
square, slipped down through treading on a piece of
orange-peel, heedlessly thrown on the footway pave-
ment, and broke both his thighs; be was conveyed, in a
state of great suffering, to University College Hospital.
Her Most Gracious Majesty the Queen has
been pleased, in her Royal condescension, to accept the
humble offering of the poor lace-makers of Woodbury
Salterton, and to bestow on them a munificent proof of
her Majesty's continued bounty, and an encouragement
to their industry.
Died, at Mellerstain, Berwickshire, on the 11th
inst., George Baillie, Esq., of Jerviswoode, in the seventy-
ninth year of his age. He was a man of large property,
and spent no small portion of it in keeping the finest
pack of hounds in Scotland. He was father to the pre-
sent Marchioness of Breadalbane.

THE CONVICT WARD.—No answer has yet
been returned from the Home Secretary, to the petition
in favour of a mitigation of the sentence on this convict;
and the opinion is, that the unhappy man will undergo
the extreme penalty of the law on Monday next.
Mr. Murphy, the attorney, charged with per-
jury, has been tried in the Queen's Bench, Dublin, and
was acquitted on Wednesday to the evident satisfaction
of the auditory. The trial lasted five days.
Mr. Owen Wynne, the oldest Irish Member of
the House of Commons, died at his seat, country of
Sligo, on the 12th inst., in the 86th year of his age.. He
represented that county in the Irish Parliament :n 1777.
The Duke of Wellington left town on Thursday
for Strathfieldsaye, where the Noble Duke intends to
pass the Christmas holidays.
DEATH OF LIEUT.-GENERAL PIIIPPS.—•
George William Phipps, of the Royal Military Aca-
demy, at Woolwich, !died about five o'clock on Thursday
morning at his residence, Woolwich-common. This
Gallant Officer was 81 years of acre, and was a commis-
sioned officer for the long period of sixty two years,
having entered the service as an ensign in the Royal
Engineers on the 21st of April, 1779. On the 20th of
December, 1786, be was promoted to the rank of Lieu-
tenant, and in the following year was appointed Quarter-
master, to the Royal Military Artificers on the formation
1 of that corps in October, 1787, and continued to act in
r that capacity for many years after he was promoted to
the rank of Captain. His commission as Captain was
dated the 21st November, 1792 ; Major, Ist January,
1800 ; Lieut.-Colonel, 9th October, 1806 ; Colonel, 4th
.Tune,lBl4; Major-General, 19th July. 1821; and Lieut.-
General, on the 10th of January, 1837. Major Cuppage,
of the Royal Artillery, and Captain Pester, of the Royal
Horse Artillery, are nephews of the deceased.
DEATH OF THE DOWAGER (MARY ANNE)
COUNTESS OF BELMORE.—The above venerable lady died
on Monday last, at Bath, in which city her Ladyship had
resided many years, and was deservedly respected and
esteemed for her manifold charities. The deceased
Countess, who was the eldest daughter of the late Sir
James Caldwell, was third wife of Amer, first Earl of
Belmore, grandfather of the present Earl, to whom her
Ladyship was married in 1794. The Countess had at-
tained the great age of eighty-six years.
There was a general rise on Thursday in the price
of butcher's meat in the metropolis, and at no shop
could it be procured under Bd. or 9d. per lb. This is
as much owing to the state of the weather, which is
very unfavourable to its keeping, as to the near ap-
proach of Christmas, when butchers are loth to kill.
This will add much to the privations of the poor and la-
bouring classes, who are already severely tried by want.
RUMOURED PARDON OF CONVlCTS.—Not-
withstanding the contradiction which has been given to
the report which appeared in several of the newspapers,
stating that it was the intention, on the birth of the
Prince of Wales, to grant a free pardon to those convicts.
roteonrdtmenr oton
ltehsesepnartthoef
whoat. d
ahadil y beenmade
ade ofa
ngood
petitions behaviour,
sent numerous
t,
o the
e Home-office
therefore
a c applications
iohni
friends of prisoners on the subject.. think
it
therigclriot
Itvonrserpeeeaint
itihyattothienretetrise_rneo
ed A
number of petitions have been presented, praying that
terms to which
petitions
convicts havebeensentene . great
Frost, Williams, and Jones may be included in the anti-
cipated act of Royal clemency.
DEVON AND CORNWALL RAILWAY.---A
meeting
of the Committee took place on Wednesday, at
from
Pearce's Hotel, Truro, for
rtrehesepeopnrutterdpuo,assset of receiving
the Sub-Committee their draft of the
aarger e
epo
countyrdt to
upon,mbee
e pre-
nee
hold on Wednesday the sth of
beAp
isseln whichmte,
ed
iiittnoditsehresptroconopdiom,s tet)do'.
January next. A requisition to the High Sheriff for
calling this meeting was agreed to, and .signed by the
Committee.—llynouth Journal.
MYSTERIOUS AFFAlR.—Yesterday, at two
o'clock, an inquest, adjourned from the previous day, was
resumed before Mr. Wakley, M.P. in the Board-room of
St. Mgrylebone workhouse, on view of the body of Mr.
Henry
of who Geary, Inealman, Uxbridge,
was
found on
Monday evening last lying dead, with his pockets rifled,
in North-bank, Regent's-park. The particulars of the
first inquiry appearedyesterday. Dr. Robert Boyd, phy-
sician of St. Marylebone workhouse, deposed that he
had, by order of the Coroner, made a post mortem
examination of the body of deceased. There was
no appearance indicative of deceased having taken
poison. There was an effusion of about a pint
and a half of blood on the braiin, insdudcoendhlbey
the
enlargement of the heart,
natural size, and
caused by o-
no doubt that deceased
weighs 2ealf'hvioliulenvalcses‘.va. Witness had
deffitilsiion he had al
described.
as anything occurred
that deceased died otherwise
to lead you to
apo-
plexy,
Coronerexy,
(to
suppose
? Son—No,Sir. I
am
than in the course of nature
id) the testimony of the medical
perfectly satisfied, rich the
.? mystery which now remains is
dee easoend s the
son
I was discovered, and what be..
of his watch and sovereigns. The Jury then re-
hgoenwtlheme
came
eed the following verdict, " That the deceased Henry
found dead in a certain open road, and that
Geary was
gentleman,
came to t ilveh ei he
his death was caused by effusion of blood on the brain,
produced by natural causes."
,
THE WINTER IN RUSSIA.—The Winter has
set in this year, at St. Petersburg, in a singularly capri_
cious manner. During the night between the 15th and
16th ult., the frost was severe, the thermometer falling
to 16 degrees below zero, of Reaumur's scale. The
following day it thawed, but during the night there was
a slight frost again, and the ice on the Neva remained
standing, while the thermometer marked only one
degree below the freezing point. On the 23d it thawed
again, and continued to do so till the 27th, When a
good deal of rain fell. Nevertheless the ice though
thin, remained fast. All this time it had been impossible
to reconstruct the bridge of pontoons, so that the dif-
ferent " sides" of the city were cut off from an comma-
seemed likely
nication with each other. It was remarkable that during
the greater part of this time the temperature was higher
at night than during the day. On the 29th the thermo-
meterpreviously.—Prussion
fell again to the freezing point, and
to go down lower. The weather was beautiful, and the
roadstead it Cronstadt quite open. Another vessel had
even arrived there a few days
State Gazete.

GOOD FORTUNE.—.A singular instance of
01l
good fortune hai, within the last fe A? days, happened to
fow
.ed the occupation of a journeyman
a poor man named George Peters, with a numerous
bfaakemilT; ail()
and resides an obscure street at Camberwell.
It appears that a distant relative, residing at Bath, and
from whom no expectations were ever entertained, has
recently died, bequeathing to the wife of Peters large
funded property amounting to near 50.0001. He has a
fatally of six children to participate in his unexpoted
good fortune.

LAW INTELLIGENCE.
COURT OF CILINCERY, Dec. 17.

IN RE AMIOT.

The LORD CHANCELLOR gave judgment to-day in this
case, which was argued before the Court yesterday, upon
an application to dissolve an injunction granted to re-
strain the transfer of stock. His Lordship said that he
had read the petition on which the injunction was
granted, and from that petition it appeared that in the
month of August last a bill of discovery was filed in the
Court of Exchequer. It appeared also that in the same
month a distringas was sued out and served upon the
Bank. That operated as a prtclutionary measure, and
the party had the opportunity of filing his bill in the
ordinary way, and moving for an injunction, the
stock in the meantime being secured. The prac-
tice had been of the Bank of England to
serve a notice on the party who had sued
out the writ, that unless within a certain time (that
time being a week) a bill was.filed, the restraint would
be taken off the stock. That was the position of things
when the Act came into force transferring the Equity
jurisdiction of the Court of Exchequer to this Court.
Had that jurisdiction continued, the party would not
have been entitled to have sued out the second writ of
distringas, or, if he was, the Bank of England would
have paid no attention to it. Then the Act came into
operation, and by the fourth and fifth sections, as his
Lordship had always understood, and which was fairly
to be collected from the Act itself, it was intended
that those two remedies should be substituted for
the remedy of distringas which had hitherto been
given by the Court of Exchequer, and the party should
have the right of suing out a distringas, or availing him-
self of the proceeding, under the 4th section, if he thcught
proper. Now it did not appear to his Lordship that
the party should be placed in a better situation since the
passing of the Act than he was before it came into ope-
ration. Under these circumstances, the Court was of
opinion that the party ought not to have applied under
the 4th section for the injunction ; and therefore the or-
der made upon petition for that purpose must be dis-
charged with costs. With respect to the other points
raised; his Lordship would confer with the other Judges,
and come to some fixed rule to be adopted under the 4th
and sth sections.

THE ATTORNEY-GENERAL V. THE EARL OF STAMFORD.

Mr. Milne, following Mr. Bethel!, and Mr. Anderson,
addressed the Court at considerable length this morning,
on behalf of the application to re-hear the decree pro-
nounced by Lord Cottenham.
Sir CHARLES WETHERELL then proceeded to address
the Court o:t behalf of the present trustees, and had not
concluded when the Court rose.

ROLLS COURT, Dec. 17.
BROOKS V. BURTON.

Mr. CHANDLESS moved for an order to discharge a
second order to amend a bill without prejudice to a com-
mon injunction obtained as of course after an answer had
been put in, a previous order not having been aban-
doned but not acted on. The suit had been insti-
tuted for (among other things) restrainine, the defendant
from continuing an action at law, which he had com-
menced to recover 2251, being one half year's interest
due upon 5,0001. lent on mortgage to the plaintiff, and
to restrain him from all further proceedings for obtain-
ing the accruing interest on that sum, and a common in-
junction had been obtained for want of answer.
The MASTER of the Rom.s, after hearing Mr. Romilly
contra said, that it appeared an order had been obtained
to amend the bill, the plaintiff undertaking to do so within
three weeks, and subsequently another order was ob-
tained as of course to amend, the plaintiff undertaking to
do so within a week. What was done on that occasion was
clearly in contravention of the 13th order of the Court.
It was said that order should not be construed literally,
but he was of opinion that the 13th order could not be
considered as referring only to orders to amend, if aeted
on, but that it referred also to orders to amend the after
answer. He was also of opinion that it was in contra-
vention of the 2d order of the 9th May, 1839. The pre-
sent application, therefore, must be granted, with costs.

VICE CHANCELLORS' COURT, Dec. 17.
(Before Vice-Chancellor KNIGHT BRUCE.)
HORNER V. SAYNOR.--THE NEW ORDERS.

Mr. SIMPKINSON renewed his application to his Ho-
nour to issue an order to the Sergeant-at-Arms to bring
Alfred Collett to the bar for not complying with an order
to pay money into Court.
His HONOUR inquired whether the order was made
before the new orders come into Court.

Mr. SIMPKINSON replied that the order was made be-
fore, but when the time for payment expired, the new
orders had come into operation.

His HONOUR. inquired whether the intermediate pro-
cesses, which formerly existed, had been abolished?
Mr. SIMPKINSON said the 6th order provided that no
writ of attachment with proclamations, nor any writ of
rebellion should be thereafter issued for the purpose of
compelling obedience to any order, process, or decree of
the Court.

His HONOUR said he had always considered the process
which was sought to be used in this case as heavy and
severe ; but in the present case there seemed to be no
alternative. The parties might take the order, upon the
understanding that it was granted ex parte, and at the
peril of those who applied for it.
The order was then made for the party to be taken
into the custody of the Sergeant-at-Arms for contempt of
Court.

HOLLAND V. CLARK.

The arguments in this cause were concluded this
morning.
Though the sum in dispute is only 1501., his lloNoun
said the ease was one of such difficulty that he must defer
his judgment until the first day of Bilary Term.
(Before Vice-Chancellor WiGn AM.)
BLAKESLEY V. WHIELDON.

His IToyouit gave judgment this morning fur the
plaintiff; reserving the question of costs.

COURT OF QUEEN'S BENCH, Dec. 17.

(Sittings at -Nisi Prius, at Guildhall, before LordDEN3tAs
and a Special Jury.)
DANIELS V. BARRY.

Mr. CRESSWELL (with whom was Mr. Greenwood)
stated the case. It was an action brought to recover
damages for a false and fraudulent representation alleged
to have been made by Mr. Barry, a ship-owner at Whitby,
with regard to a vessel called the Lady Hilda. The
plaintiffs, Messrs. Daniels, are London merchants, carry-
ing on business in Mincing-lane, and in the month of
January 1838, they entered into a negotiation with
Mr. Welcomb, a ship-broker, for the purchase of the
Lady Hilda, for the sum of 5,1501., Mr. Welcomb guaran-
teeing on behalf of the defendant that the vessel in hull
and stores was fit to remain for ten years on the new
register, (Lloyd's A). The defendant agreed to the
sale on these terms, and after the purchase had
been made, it was found that she was very de-
fective, the wales were not of the proper thick-
ness, the counter timbers were also defective as
well as the scarfing, and the planks decayed very
rapidly from not having been properly seasoned. The
consequence was that in the year 1840 the plaintiffs were
compelled to expend not less than between 7001. and
8001. in repairs in order to keep her on the register, and
it would be shown that these repairs were not occasioned
by the ordinary wear and tear of the vessel, but from
original defects in her construction. He contended that
Mr. Barry, the defendant, must have known the manner
in which the vessel had been built, and had therefore
knowingly made a false representation of her condition.
The amount of the damages it would be for the Jury to
say; for every defect which the plaintiffs were obliged to
remedy, and which in their opinion the defendant was
aware of when he sold the vessel, the Jury were bound
to give compensation to the plaintiffs.
Wm. D. Carter—I am now clerk in the New Zealand
Company. In January, 1838, I was a clerk in the em-
ploy of Mr. Welcomb, the ship-broker. He was em-
ployed by the defendant in that year to sell the Lady
Hilda, and a negotiation took place with the plaintiff's.
A letter written by Mr. Welcomb to the defendant,
dated 3d January, was put in and read. It stated that
the vessel had been conditionally sold to the plaintiffs for
5,1501., the defendant guaranteeing that she should re-
Main ten years in class A. 1., on Lloyd's new register, I
both as regarded hull and stores.
The answer was then read, dated 6th January, from
the defendant, agreeing to the sale. A letter from Mr.
Barry to the plaintiffs, dated Bth August, was also read,
stating that the
only guarantee he had given was that
she should be in a certain class.
um we Mr. Kelly
The SOLICITOR-GENERAL (hWaitthttvh
and Mr. Watson) contended t ere was ^o
guarantee
on the part of the defendant as to the condition of the
vessel, and independently of that objection no contract
had been given in evidence.
Mr. CRESSWELL submitted that the letter of Mr. Wel-
comb who acted as the agent of the defendant, sufficiently
established the sale. The terms of Mr. Welcomb s letter
were " I have sold her conditionally—} ou guaranteeing,"
so and so, and the reply of the defendant was that_ he
agreed, and assented to the representations so made on
his behalf. The broker evidently acted as the agent of
the defendant, and the representation made by the broker
to the plaintiffs must be taken to be the same as if made
by the defendant himself.
The SOLICITOR-GENERAL would maintain that the
sale of the vessel was put in issue, and there had been no
proof of sale whatever.
Lord DENMAN thought the question of sale was put in
issue by the declarations.
Mr. CRESSWELL had no objection to put in the bill of
sale if the Court thought it necessary.
Mr. Carter re• examined—Previously to the bill of sale
there was an agreement in writine. between Mr. Wel-
comb and Messrs. Daniels. The Lill of sale is dated 13th
of January, 1838.
George Henry Chambers—l was clerk to the plaintiffs
when they were in treaty for the Lady Hilda. I saw ISlr.
Welcomb respecting her classific Ilion, and he said she
was an A 1 ship.
The SOLICITOR-GENERAL objected to that evidence.
He submitted that Mr. Welcomb had no right to make
representations, but merely to enter into a contract for
the sale of the vessel. Whatever representations he made
were clearly without any authority from the defendant,
and could not bind him.
Mr. CRESSWELL trusted that, for the sake of fair deal-
ing between man and man in the city of London, the
principle would not be recognised that an agent might
make false representations with the knowledge of his
principal, for the purpose of effecting a sale, and that
then he could tarn round and say he was not 'bound by
these representations.
Lord DElenasz said, without going along with the de-
fendant's counsel, or expressing any opinion upon the
general doctrine, he felt this difficulty, that he could not
tell what occurred between the parties until he saw the
agreement.
Mr. Cresswell was about to tender evidence of what
occurred between the plaintiffs and the broker, and the
result of which was that the letter of the 3d January,
from Mr. Welcomb to the defendant was written at the
instance of the plantiff, and it was only on the produc-
tion of Mr. Barry's answer that the plaintiff was induced
to purchase the vessel.
Lord DENMAN did not think the Jury could know

what occurred unless they saw the agreement, and if
that was not produced the plaintiff must be called.
Mr. CRESSWELL would tender the evidence of what
occurred previously to the bill of sale, and then take the
opinion of the Court.
The witness proceeded—At the request of ➢lr. Da-
niels the letter of the 3d of January was written to Mr.
Barry by the broker, it being submitted in the first in-
stance for Mr. Daniels' approval. The answer was also
shown him. He said that he would not purchase the
vessel unless she was classed for ten years in the register,
and had Mr. Barry's guarantee to that effect.
Lord DEN SAN still thought the agreement ought to
be put in.
The agreement was then put in and read. It was
dated Jan. 8, 1838.
After some further discussion between the Learned
Counsel—

Lord DENMAN thought the case ought to go to the
Jury, reserving leave to the defendant to move for a
nonsuit if the Court should be of opinion that the de-
fendant was not bound by the representations of his agent.
Thomas Jackson—l am a surveyor at Whitby. I re-
collect the building of the Lady Hilda in 1835. She was
built by Mr. Lambert, and at his death Mr. Barry,
the defendant, undertook her. When he took her, her
main and after timbers were up. A person goinc, over her
then could ascertain her build very well. I seen
some of the planks which have been taken off the vessel.
The two planks are nearly five inches thick. There is
nothing in Lloyd's about two planks ; it should be one
plank ; but it is the common practice at Whitby to put
two planks. At the heads the plank is sawed through,
partly to enable it to bend the more easily. I recom-
mended this vessel to be classed Al. I saw one plank
very much worn. I should have represented to Lloyd's
that the five inches were made up of three thicknesses
had I been aware of it. I was not aware of it. I only
saw one plank in that state. Several worn and split
timbers were also shown me. Mr. Barry was a good
deal in London. He is on the Committee at Lloyd's.
The certificate of witness to Lloyd's was then put in
and read.

Henry Rouse—l am Captain of the Lady Hilda. I
first sailed her to Barbadoes in January, 1839, and re-
turned in June, 1839. The ship was on shore on her
first voyage. I complained of her weakness to Mr. Da-
niels, but nothing was then done. In December, 1839,1
again sailed to Barbadoes. I found the after end of the
ship very defective, so much so that it would not caulk.
The plank was entirely rotten, and we were obliged to
piece it as a temporary matter to bring the ship home.
We were also obliged to leave out eighteen hogsheads of
sugar from the after part. On my return the ship
was docked at Mr. Hawke's yard at Rotherhithe.
The ship was found so defective that it was essen-
tially necessary to call a survey of Lloyd's surveyors.
Saw the planks in the wales taken off. Almost all of
them were more than two thicknesses. It was ash, oak,
and fir. Some were sound, and some decayed. Of all
those taken out not one was sound. I think the timber
was originally defective, and have no doubt of it. The
wing transom is one of the most important timbers in
the stern ; it was just under the counter. It was taken
out and condemned. It was not solid as it should have
been, and the timber was unsound. (Witness here stated
other timbers which were unsound.) I don't think the
vessel should ever have been classed A 1.
Mr. Hawkes detailed the various timbers taken out of
different parts of the vessel, and which were condemned
and replaced by sound ones at the instance of the sur-
veyors. his bill amounted to 9001., and about 770/. of
that was for work done to replace defects in the vessel.
Mr. Bailley, one of the surveyors at Lloyd's, produced
the rules and regulations for the construction of vessels,
and their classification.
Some other witnesses were examined as to the defects
in the timber, and the expense of the repairs.
Mr. CRESSWELL, for the plaintiff, had no objection to
taking a verdict for the sum of 4001., thereby dividing
the loss equally between both parties, if the Court should
be of opinion that the plaintiff was entitled to recover.
Mr. KELLY then addressed the Jury for the defendant,
and relied upon the circumstance that the defendant had
never given any guarantee as to the class the vessel was
to stand in. He did not think that the Jury would upon
such evidence as was laid before them find Mr. Barry
guilty of a false and fraudulent representation in a matter
in which he had no interest whatever, he being merely
the executor of the owner of the vessel, who had died
some time previously. If the plaintiffs were really in-
jured by the vessel not being of the value represented,
then they had their remedy by an action for a breach of
contract, if any such contract existed. Again he would
observe that no evidence bad been laid before them to
show that the defendant was aware of the defects that
existed in the vessel, and unless he had a previous know-
ledge—a guilty knowledge—of these defects, the Jury
could not stamp him by their verdict as having made a
fraudulent representation.
Lord DENSIAN left it to the Jury to say whether the
representation of the condition of the vessel was a false
and fraudulent one; secondly, whether upon the evidence
laid before them they were of opinion that the represen-
tation was made by the defendant, Mr. Barry; and,
thirdly, whether they were of opinion that lie made it,
knowing it to be false, and for the purpose of inducing
the plaintiffs to become the purchasers.
The Jury, after conferring together for about an hour,
returned with a special verdict, which acquitted the de-
fendant of all moral guilt, and was substantially a ver-
dict for the defendant.

COURT OF COMMON PLEAS, Dec. 16.
(Continued from our Afternoon Edition of yesterday.)

BORRODAILE V. SIR C. HUNTER, 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 ; anl 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 OIN 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 lie 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,
depression in spirits, and the restlessness he
that exhibited,
Borro-
daile laboured under
ntehses hadn o
.that.. Mr..
.
forfotemn
a knownsuddeni n • symptoms of incipient insanity,
Ploded in the. act of self-destruction. He had
similar cases patients to commit suicide
impulse, and without any previous inten-
tion to commit
Several other physicians
of self-destruction.
o
plaintiff's
tEa inf
As
ea werehaving
e. examined, and gave
similar testimon?at?'
heardtheir
topinione r
evidence
oe
nf
ee Mr. a
dßdourcreodd au ipl eo'ns
N
L
insanity, after having
that point.
fs
escnol
doLaslencdtlzt
oh
Re
replied on behalf of
Justice ERSKINE summed up, and the Jury re-
the3lTdhl
ree.i
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
}iis i_,
e was no evidence of his insanity
previously
ordtoshtihp heaacvting objected to the verdict, the Jury
again retired, and returned with a verdict for the plaintiff

COURT EDec. 17.
DUDELAINE V. THE SOUTH WESTERN RAILWAY COMPANy.
The plaintiff in this case sought to recover compensa-
tion against the defendant for loss sustained by him in
the sale of a quantity of fruit, which loss was occasioned
by its detention by them for such a time as to cause the
loss of a market.
Mr. J. Jarvis, Mr. Richards, and Mr. Hum.frey ap.
peared for the plaintiff, and proved that the plaint.iff had
consigned to him from Havre a large quantity of
plums, contained in two hundred and sixteen baskets.
the agent in France having agreed with the Captain
of the Calpe steamer, that the goods should be delivered.
in London, free of all other charges, for the sum of
121. 10s. iod. The goods arrived safe, but through some
blundering upon the part of the servants of the Company,
when they were offered to the plaintiff in Covent-garden,
a demand was made upon him for 121. 10s. 10d. laid out,
and 5/. for the carriage by the railway. Ile showed the
carman the agreement for the carriage, but the carman
said he could not deliver them without the 171. 105. 10d.,
and he took them back to Nine Elms ; it was true the
error was found out in the course of the day, and they '