The Sun.
London, England, 1858-12-11 00:00:00

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• LOIN

LAW INTELLIGENCE.—Dec. 10.

COURT OF QUEEN'S BENCH.

Sittings at Nisi Prius after Term before Lord
Campbell and Special Jury.)
SCULLY V. INGRAM.

Mr. Bovill, counsel for the defendant, at the
sitting of the court, directed Lord Campbell's atten-
tion to the fact that the jury in this cause had not
distinguished, as his lordship had directed them,
the two points in respect of which damages were
awarded.
Lord Campbell said he would stay execution, but
he did not expect to hear any more of the case.
HUTTON V. WATERLOO LIFE stSSITRANCE COMPANY.
Mr. Edwin James and Mr. Salter conducted the
case of the plaintiff; and Mr. Sergeant Shee, Mr.
Huddleston, and Mr. Beresford that of the com-
pany.
The action was brought by the widow and execu-
trix of the late Mr. Thomas Hutton, wine merchant,
of Suffolk-street, Pall-mall, who died in November,
1856, upon a policy of insurance for £2,500, effected
April 20, 1854. The Waterloo Life, Educational,
Casualty, and Self-relief Insurance Company dis-
puted their liability on the ground that Mr. Hutton
had fraudulGitly concealed the fact that he was of
drunken habits, and falsely represented that his
habits were temperate.
Mr. Edwin James, in opening the case, said the
insurance was effected in April, 1854 (although the
office executed no policy until after Mr. Hutton's
death), as collateral security for money. which was
borrowed to pay Mr. Bishop, the chairman of the
company. The premiums were duly paid. The
office, in its prospectus, represented its policies as
" indisputable," but that might be taken as a mere
trap for the unwary, as in law it meant nothing at
all.

The following evidence was given :
Mr. John Lee said—l was formerly manager of
the Cafe de I'Europe, in the Haymarket, and in
1850 became acquainted, in the way of business,
with the late Mr. Hutton. I saw him almost daily,
as he lived very near, in Suffolk-street, Pall-mall.
He often dined with me, and I have dined with
him. I knew him up to 1854, and I never knew
him to be intoxicated.
Mr. Samuel Hemming said—l am cashier to
Messrs. Powell and Co., Solicitors, of Lincoln's-inn,
and I was acquainted with the late Mr. Hutton for
many years down to his'death. I knew him more
socially than in any other way. The Cafe de
1' Europe was kept by my brother, and he supplied
the vvines, I apprenticed my nephew to him in
August, 1854. I thought him a man of extremely
temperate habits. I did not see much of him
dvring the last year of his life.
Cross-examined—l have understood that delirium
trenzens or something of that sort was the matter
with him before his death. I never knew that he
kept a double establishment—a wife at one place
and a woman, by whom he had a family, at an-
other. I did not know that he spent most of his
time out of business, at West Ham, with a woman
by whom he had children.
IVIr. Henry Roake said—l am a teadealer at
Mile-end. I had known Mr. Hutton for many
years before his death, and was frequently in his
company. I was very often in the habit of dining
with him, both privately and at public dinners.
Up to 1854 I should say his habits were temperate.
Cross-examined —I was not aware of the sepa-
rate establishment at West Ham, or that he had
delirium tremens.
Mrs. Sarah Ann Hutton said—l am the widow
of the late Mr. Thomas Hutton. I was married
to him on the 7th of May, 1842. For three years
he carried on the business of a haberdasher. Re-
commenced the wine business in Suffolk-street in
1850, and carried it on until his death in 1856. I
lived at Dolby-terrace, Islington. Previous to
April, 1854, my husband's habits were very tempe-
rate and steady indeed. After 1854, and within
eight months of his death, his habits had become
less domestic, and he was less at home than pre-
viously: I had no personal knowledge of another
connexion. We kept a brougham, and I was in
the habit of fetching him at 6 o'clock every even-
ing. He always dined with me. After he had
effected a policy in the Waterloo Company I knew
of it. My husband was very intimate with Mr.
Bishop, the chairman of the company, and I under-
stood was advised by him to insure. Mr. Bishop is a
colonial broker, and my husband had business re-
lations with him. At the time of the insurance I
knew that my husband was indebted to Mr. Bishop,
and that he borrowed £l,OOO of the office. I do
not know whether he received the £l,OOO, or what
he did with it if he did receive it. In June. 1853
he was absent from his home for nearly three weeks.
I did not know where he was. He was brought
home. I understood that he was pressed for money
which he could not pay, and that was the cause of
his going away. During the last six months of
his life I observed that he had become intemperate
at times. He was a very nervous man at all times
and rather excitable. I have six children living
by Mr. Hutton, and I have had 10.
Cross-examined—lt never „happened before the
r year 1856 that he would go out two or three times
a week after dinner, come home very late, and some
times not at all. The police were employed about
a week to find him on the occasion of his going
away in 1853. When brought home he was not
drunk. In 1856 he was brought home twice
by a policeman, but not drunk. He had rheumatic
fever in 1851, and was ill for two months. Ido
not know that had delirum tremens in 1855. His
hand continually trembled, because he was so
nervous. It trembled as much when I first married
him as it did afterwards.
William Hobbs said—lwas coachman to the late
Mr. Hutton. I entered his service in 1850 and
continued to the time of his death. Up to 1854 I
never saw him otherwise than steady—always
capable of business. I took him to business in the
morning and home at night, and I never saw him
otherwise than sober.
Mr. Francis Hughes said—l was the manager of
Mr. Hutton's business from 1850 to 1856. Up to
1854 his habits were decidedly temperate. During
the latter period of his life I observed that he be-
came intemperate and unsettled. In money affairs
he was a nervous and excitable man. In 1853 he
was pressed for money, and was absent from busi-
ness altogether for about three weeks. Mr. Bishop
was pressing him for £lOO. I did not know of any
connexion at West Ham. Before 1854 I had seen
him twice, and only twice, the worse for liquor.
Cross-examined—After June, 1856, I saw him
rather more frequently the worse for liquor.
Mr. Wm. Ranger said—l am secretary to the
Carlton Club, an Mr. Hutton supplied the club
with wines during the whole time he was in busi-
ness. I used to see him 12 or 14 times a week. Up
to 1854 he was certainly of temperate habits.
Mr. W. C. Bucknell said—l used to go on fishing
excursions with Mr. Hutton, and I always found
him quiet, social, and temperate.
Cross-examined—He was not a teetotaller. He
used to take wine like other gentlemen, and would
sit an hour after dinner.

Mr. John Wilson, silk manufacturer, Of Spital.
fields, and other witnesses gave similar testimony
some saying they had never in their lives seen Mr,
Hutton intoxicated.

Mr. Sergeant Shee having addressed the jury for
the company, called the following witnesses :
Eliza Gaby said—l was housemaid at Mrs. Hut-
ton's for about five years previous to 1854, when I
left her service, and I have since married. Mr.
Hutton was not regular in his habits. I have let
him in at all hours of the night, and most times he
;has been drunk. He used to come in at 2,3, 4,
and even 7 o'clock in the morning. I recollect him
being brought home by the polico- in 1853. He was
drunk then. I have seen him drink brandy and
water at home after breakfast, before going out to
business. Sometimes I have seen him drink more
than one glass. When he has stayed. at home he
has not been what may be called sober.
To the Judge—He used to get tipsy by himself.
Oftentimes he would go into the pantry and drink
there.

Cross-examined—l was not dismissed, I gave
notice myself. I cannot swear to the year when I
saw Mr. Hutton take brandy of a morning. I will
not swear that I have seen him take it once a week.

Mr. G. Birmingham said—l am medical officer
of the Waterloo Life Insurance Company. I ex-
amined the late Mr. Hutton and reported upon
him before the insurance was effected. I asked
him the usual questions. He said he was tempe-
rate. I asked him whether he had ever been
affected with delirium tremens, and he said " No."

Cross-examined—ln my report upon Mr. Hut-
ton to the office I said :—" He scarcely looks so old
as 39 years. He has a healthy look, and is mode-
rately stout. The organs of the chest are perfectly
sound, and their movement equally so. The pulse
is full, equal, and steady, at 72. The heart is
healthy. He is of sound constitution, and likely to
live as long as most persons of his age. There is
no appearance of any dis(position to hereditary
disease. His appearance presents conditions of
health, and warrants the most favourable opinion.
The life has had acute rheumatism, but may be
taken to be a first-class life."
Dr. Henry Jeffefson,—l was called in to see
the late Mr. Hutton in consultation with Mr. Clif-
ton in February, 1855. He was then suffering
from delirium tremens. In 99 cases out of 100
drink is the cause of that disease. I saw him only
twice, on the 20th and 21st of February.
Cross-examined----Delirium tremens is generally
the result of a continual habit of intoxication, but
sometimes it may .be caused by a prolonged de-
bauch of several consecutive days.
Mr. N. Clifton said—l am a surgeon at Isling-
ton, and attended Mr. Hutton in 1851 for. rhemna-