The Sun.
London, England, 1841-07-31 00:00:00

PARTNERSHIPS DISSOLVED.

T. Ward and W. North, coal merchants, Nottingham—W.
Knapper and T. Meadowcroft, grocers, Kidsgrove, Stafford-
shire—W. Fosbery, W. C. Fosbery, and H. Cribbin, commis-
sion merchants, Liverpool—G. Battcock and S. Paine, sur-
geons, Brighton—J. Spencer and R. Senior, coal merchants,
Norwich—'l'. Jackson, T. Threlfall, and L. Threlfall, commis.
sion agents, Morton, Yorkshire—T. Jackson and L. Threlfall,
commission agents, Manchester—M. Griffiths, T. Evans,
jun., and T. W. Humphreys, iron founders, Holywell, Flint-
shire—C. Stride and W. Lawes, millers, Heytesbury, Wilt-
shire—M. Robertson and S. Baigent, schoolmistresses, Cal-
chester—H. Flashman and W. Scott, soda-water manufac-
turers, Chenies- mews, Gower-street—R. Carrick and W.
Sawyer, joiners, Kingston-upon-Hull—W. Haskavne and F.
Chapple, ship brokers, Liverpool—W. Playne, jun., J. Wise,
and P. P. Smith, Minchinhampten, Gloucesterstire (so far as
regards J. Wise)—C. and J. L. Bullock, linen drapers. Wal-
worth—T. and J. Appleton, chain- .manufacturers, St. He-
len's, Lancashire—W. Whiteley and J. A. Haigh, woolstaplers,
Huddersfield, Yorkshire—T. Huntington and T. Ledbeter,
fancy stationers, Birmingham—H. P. Bedford and T. Haynes,
upholsterers, Notting-hill—J. Hayward and T. B. Browne,
attorneys, Dartford—J. T. Hall and C. E. llanney, sail
makers, Limehouse—F. W. Jerningham and T. Vaughan,
slate merchants, Southampton—J. Podmore and W. Lewis,
fellmongers, Salford, Lancashire—W. Thompson, S. Shepard,
and H. G. Pearce, ship smiths, Lower East Smithfield (so far
as regards H. G. Pearce)—C. Barrett, S. Leigh, and J. Brad-
bury, colliers, Clayton, Lancashire (so far as regards C. Barrett. )

The Average Price of Brew,. cr Muscovado Sugar, computed
from the Returns made in the Week ending July 27, 1841, is
365. laid. per Cwt., exclusive of the Duties of Customs paid cc
payable thereon on the importation thereof into Great Britain.

THE WEATHER-AVERAGES.
(From the Anti-Bread Tax Circular.)
_ .

" It rains repeal !" We are writing beside a blaziue-
fire on the 28th day of July ! the speculators') in the
funds are watching the downward motion of the baro-
meter, and the Three per Cents. ; bankers are looking
changes ;
for a turn of the screw in Threadneedle-street ; mer-
chants are calculating the fall in the continental ex-
ginTnhinegreoifsthoneeenolda.
politicians are speculating on apossible _ coup
d'etat before Christmas ; repealers are predicting the be-
under the threatened' calamity o
ass, and one only, which ' ' ,a
defioilesaftulhl
aorrf Hope,
the great corn
birds of
These speculators gamblers have begun their operations.
rs in the food of the people, like the ill-
omenedcarnage, are be !irey, which scent afar off the field of
sharpen: their, nning
to plume their wings and
beaks for the day of famine. The opera-
'tions for a ,use
in
secret
averages have already begun.
ec
We are told of . et and simultaneous move-
ments amongst theleading corn-dealers. Do our
readers require to be
modus operandi of these disinterested
as to the
interested supporters of
the sliding scale ? The tale si
oenustehsesend forvtahsvhetsheir trusty agents
grain
Lsolon unfolded. At this
upon our plains,
oynrorlivhh
the seasonleading
di ofn
g the
L
to scour the country. Men, with
peering eyes,
and inquisitive noses, may be seen scaanrripi.
fields, and examining the standing andcorn,
the wheat
taking notes of the state of the growineY carefully
day to day these emissaries send their reports crop. prom
. to head
quarters, announcing the prospects a the
coming harvest
—" a full crop," " a fair average," " a deficient ha -
vest," " a failinfailingcrop." These are the various
reports
which reach the secret counting houses of the great
London operators. They classify and compare these
ac-
counts, and strike the average of the whole. They eye
the barometer from hour to hour, count the moon's quay_
tars, and mark the prevailing direction of the wind. If
all the symptoms foretel a probable deficiency in the
harvest at home, then their resolve is prompt, and their
action energetic.
Having despatched trusty agents to buy up, with gold,
the stocks of corn on the Continent, they sit down to
their desks, and write confidential letters to their confe-
derates in Liverpool, Ilristol, Hull, &c., the burden of
which may be
.e*pressed in two words—" We must work
the averages." Forthwith the game begins. Fictitious
sales are made from hand to hand, by confidential
cliques, who form round robins for the occasion, each
sale, at an increased price, being duly reported to the
returning officers. The average price of British corn is
thus made to rise, and the duty on foreign grain to fall
in proportion, until, by the time that their foreign pur-
chases reach home, they have reduced the duty to a no-
minal rate, at which their corn is cleared for consump-
tion. Prices are next allowed to drop a little, until the
duty rises high enough to exclude further importation.
The market is then in the hands of the successful gam- I
blers in bread, they become in due time the competitors
with the farmers, . who are then heard to exclaim loudly
against the sliding scale—that. scale which the farmer'
and corn merchant, the duper and the duped, united in f
upholding at the late election ! 1

ASSIZE INTELLIGENCE.
NORFOLK CIRCUIT Norwich, July 28.
(Before Mr. Baron ALDERSON and a Special Jury.)

PALMER AND F:SH, EXECUTORS OF HOWES, V. IRVING, ESQ.
The following is a fuller report of this case, which we
briefly noticed yesterday.
The plaintiff's are the executors of the assured, Howes,
Palmer is a respectable attorney, and the Mayor of Yar-
mouth, and Fish is a cabinetmaker 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 'leave 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 he 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 to the goodness of his health. In
the result, the proposal to the Argus was not persevered
in, that to the Economic was rejected, and How-es
succeeded in effecting policies with the Alliance and
the three other offices to tile 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. Ferrier, 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 "he was making his will,"
and asked Ferrier to attest it, which, after reading it
over to Ilowes 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 tho 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 3,8001. This will
Towler stated was prepared 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 him 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 W be free from even the ordinary bodily
ailments of humanity. Numerous 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-
I 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 •
tied 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 affiibted 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. THESIGER 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 pe 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-
tor; 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 would 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 cos,
menced, Mr. Baron Rolfe sitting in the Crown Court,
and Mr. Justice Maule on the civil side.

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