The Sun.
London, England, 1832-07-07 00:00:00

COURT OF KING'S BENCH, JULY 6.

KtNNEAR AND ANOTHER V. 13 iRRADAILE AND OTHERS.
The plaintiffs in this action are the representa-
tives of the late Mr. Kinnear, and the defendants
are Directors of the Rock Insurance Company. It
was to recover 2,0001., the amount of a policy
eff eted on the life of Mr. Kinnear with that Cam-
irate ; and the defeudants le fused to pay it on the
greund of AL-. Kinnear having committed suicide,
tied that, therefore, by the stipulations of the policy,
t'ley were not liable.
Sir J. SCARLETT, for the defendants, stated the
circumstances. Mr. Kinnear was, at the time of
his death, a partner in a Scotch banking-house.
was a man of great literary talents and of large for-
tune. His widow, who was one of the plaintiffs,
NVIIS also affluent. The bank, of which Mr. K. was
a member, was at the time the circumstances oc-
curred, transacting a large business, and had entered
into speculations which eventually obliged the part-
ners to contribute largely from their private re-
sources. At the time of his death he was a mem-
ber of the Atheemain Club, and frequently dined
there. Before his death, he was in the habit of in-
vesting large sums for his correspondents, in his
own name foreign funds. In particular he had,
through Mr. Rothschild, invested a large sum for Sir
M. W. Ridley's batik at Newcastle in the French
funds in his own name. That occurred soon after
the late French Revolution, when the French Funds
were fluctuating, and had then recently undergone a
considerable depreciation. On the day before his
death Mr. K. was expecting certain documents from
Mr. Rothschild at Paris connected with the trans-
action in the Paris rentes with Sir Mathew
White Ridley's money, but they had not arrived.
There was subseyiently found in a safe at the de-
ceased's counting-house, dephsited with securities of
Sir M. W. Ridley,a letter addressed by the decea-ed
to Mr. Rothschild, informing him that the money
he had recently invested in the renter was the pre-
perry of Sir M.W. Ridley, and that be (Mr. Roth-
child) was to deliver the documents connected
therewith to Sir M., or his order, " in case of his
(Mr. Kinnear's) absence." This letter was never
sent to Mr. Rothschild, but deposited in the safe
with the papers, as before stated. It was dated on
the day before the death of Mr. Kinnear. This,
the Learned Counsel said, was a circumstance which
was considered as indicating that the letter was
written while the deceased premeditated suicide, as
lie could in no other manner have enabled Sir M.
W. Ridley's bank to claim the amount invested in
the Paris funds. He then stated the means Mr.
Kinnear adopted to cause his death, and said that
they were so strongly indicative of the deceased
having poisoned himself, that a Coroner's Inquest
sat on the body, at which, however, the Jury re-
turned a verdict of, " Died by the Visitation of
God." The medical report made at the time of the
inquest, was subsequently declared by the medical
men 'themselves to have been founded 014 a false
judgment. The Learned Counsel then said, that
the deceased was at the time of his death only 35
years of age, in good health, and a man of most
temperate habits.
Mr. R ihert Logan, examined by Mr. RICHARDS
—Was one of the partners in Mr. Kinnear's bank ;
Mr. Campbell was the other partner. He (Mr.
Campbell) was abroad at the time of Mr. K.'s
death. Witness never heard that the deceased had
transac ions in the foreign funds. The banking-
' house, in which the deceased was partner, had some
transactions in the foreign funds. They were not
to a large amount. Mr. Kinnear was debtor to
the house for 9,0001. which he had taken out as a
loan. Witness could not tell the amount of foreign
securities held by them at the time of Mr. Kin-
near's death—could not tell within 100,000/. Mr.
Kinnear's capital in the business was considerable.
His estate was not now indebted to the house.
He drew out part of his capital. Mr. Kinnear's
widow had paid between 3,0001. and 4,0001. on a
claim made against her husband's estate by the
house. Witness saw Mr. K. at the counting-house
on the evening before his death, at between five
and six. He then appeared in good health. His
habits were regular. His age was between 35 and
40 years.
Thomas Thompson, servant of the late Mr. Kin-
near, was next examined—Had lived two years with
the family. Mr. Kinnear lived at No. 8, Cornwall-
terrace about two months before his death. Mr.
Kinnear did not go to Brighton on the Saturday be-
fore his death. Witness slept under the parlour.
On awaking, about twelve o'clock, witness heard a
footstep. Witness got up and saw Mr. Kinnear
coming from the drawing-room and going up stairs.
He had nothing on but his shirt, and was without a
light. Witness bad a candle. Mr. Kinnear asked
witness how he was out so late. Witness replied
that he had not been out, but had heard a noise.
Mr. Kinnear told witness to come up and see. Wit-
ness followed him up stairs. Mr. Kinnear was in
bed when witness got into his room. Witness said,
"Are you asleep, Sir?" He made no answer.
Next morning witness got up about six o'clock.
Mr. Kinnear's bell rang at about five minutes past
nine. Witness took up hot water, which he put at
the bed-room door, at which he knocked. Went up
again about ten. The door was fastened on the in-
side. One of the workmen then got a ladder and
placed it against the window. Witness went up the
ladder into the room, and opened the door to let in
Mr. Trotter. Witness saw Mr. Kinnear on the
; his face was very white. There was no stain
on his pillow, nor was there any thing issuing from
his mouth. He looked like a corpse.
Several of the workmen deposed to the fact of
having heard a moaning in Mr. Kinneat's room on
the morning his death happened, and to having seen
him dead OH entering the bed-room by the window.
Mr. Lovegrove, the apothecary who was called
in, was of opinion that Mr. Kinnear's death had
been occasioned by the rupture of a blood-vessel in
the stomach.
Messrs. Aston Key, Taylor, and Green, were
examined, and were of opinion that Mr. Kinnear's
death was occasioned by poison ; thu y came to this
conclusion from the appearance described by other
witnesses.
Mr. Wetenhall, a stock-broker, deposed to there
having been considerable fluctuations in the Fratch,
Funds between the months of July and Oct. 1830.
Mr. CAMPBELL, who appeared for the plaintiffs,
commenced his address to the Jury; but before lie
had concluded his observations he was stopped by
Tile Jury expressing themselves satisfied, and
they immediately returned a verdict for the plaintiffs.

V) Twamlev; my sister and I lived with
my mother in the prison: r', hou=e; the f‘iriiiture
vas my mother's, and she had it insured in the
Phoenix Office at Charing-cross for many years ;
my mother never authorized the prisoner to insure
hvr property.
The witness, as soon as her exam'nation had con-
cluded, became dreadfully agitated ; and as she
;raised the dock, she regarded the prisoner for a
moment as if with horror, and then raised her hands
as if she were about to seize him. She, however,
avole no such attempt; but the occurronce produced
a visible sensation throughout the Court for tht
moment.

Henry Field said—l am clerk to the solicitor of
the prisoner's landlord, and in March last applied to
the prisoner for 40/. due for rent; I subsequently
put in a distress, and received 201. ; I told the
prisoner, on the Ssturday before the fire, that I
could give him no longer time.
Mr. Hugh Oxenham said—l am a broker; the
prisoner's property, in March last, when seized for
rent, war not worth 100/.; the fittings-up might
have cost 2001.

The deaths of Miss Twamley and the hoy Fiango,
in consequence of injuries by fire, having been
proved,
The prisoner called witnesses, who proved that
he had been in negotiation for the letting of his
shop and parlour—that his furniture was pretty
good, and that the burns in his face had not been
caused by any explosion of gunpowder. Several
respectable witnesses were also called, who gave
him a most excellent character for general good
conduct, sobriety, humanity, &e.
At eleven o'clock at night Mr. Justice GASELEE
commenced summing up the evidence, and concluded
at half-past two o'clock, making the period of his
charge full three hours and a half.

The Jury retired, and after an absence of half an
hour, returned into Court with a verdict of Guilty.
—Death.

The Learned Judge and the Recorder remained
to receive the verdict, and on its being delivered,
the Recorder immediately pronounced the usual
sentence, that the prisoner he hanged on nuiday
next, and his body delivered to the surgeons for
dissection.

The prisoner heard the sentence with much ap-
parent composure, and gathered up his papers with
the air of a man of business who had been engaged
in an affair of ordinary importance. During the
progress of the trial, however, he frequently shed
tears, and, as he was about to be removed from the
dock, attempted to address the Court. The officers
took him by the arm, and prevented all expressions
of feeling by hurrying him to his cell. The Court
was crowded to excess up to the termination of tile
trial, at three o'clock in the morning.

COMMISSION OF LUNACY.

(Continuer) from The Sun of yesterday.)
MISS BAGSTER'S CASE.

George Woodfall, Eqg , deposed to being one of
the executors of Alderman Cro,:der, whom he knew
50 years—the family between 15 and 20 years. In
November last Miss Bagster came of age ; has had
a great deal of opportunity of ascertaining the state
of Miss Bagster's mind; he considered Miss Bag-
ster to be weak and imbecile; up to the period of
her coming of age the money for her maintenance
was paid to Mrs. Bagster; upon that occasion wit-
ness, in concert with Alderman Kelly and the other
trustee, had some consultation respecting the pro-
priety of paying Miss Bagster her allowance; he
felt himself placed in a difficulty ; on the subject
nothing was done, out of delicacy to Mrs. Bagster;
we paid to Miss Bagster two or three payments
since she came of age ; there is no doubt that Miss
Bagster is not fit either to take care ,of herself or her
property; she was always treated as a child of eight
or nine years of age.. Mr. Gore paid the money !o
Miss Bagster, whose receipt was taken for it. He
and the other executors felt that in paying this mo-
ney to Miss Bagster they were taking a great re-
sronsibility on themselves, and subjecting themselves
to great liability by acting in this way.

Captain Kelly was then called, but before he
gave his evidence the ladies were requested to leave
the Court. He stated, that on Thursday last he
dined with Alderman Kelly; after dinner the Al-
derman went into his counting-house, leaving Miss
Bagster, Miss Clayton, am' himself in the room.
Miss Clayton withdrew for a few minutes, and Miss
Bagster then drew towards him, and without any
hesitation or embarrassment, related to him the par-
ticulars of the familiarities that had passed between
her and Mr. Newton, but in such gross terms that
it is impossible we can publish them. She added,
that she was determined not to die an old maid. He
asked her if she preferred any other person, and she
aid yes, and pointed to a portrait of Alderman
Kelly. He knew very little of Miss Bagster before
that time; he considered she had little or no intel-
lectual faculties whatever, and therefore unable to
take care of herself.

On cross-examination, he said that he continued
to the present time, to visit at Alderman Kelly's
house.

Mr. Thomas Richards said, one day last week,
when witness was dining at Alderman Kelly's Mrs.
Bagver came into the roome and sat beside witness;
after she had sat there a short time, Miss Bagster
took up some fruit knives and forks, and threw them
at her mother. Witness said to her, "0, my dear,
what would anybody say if they were to come in
now," and she immediately slapped his face. He
said, " What did you do that for ?" and she said,
" I am verry sorry for it, I did not mean to do it,
my dear ; I did not hurt you." It was rather a
smart blow, and evidently given in anger. Her con-
versation is principally upon dress and sweethearts;
and naming Mr. Smith, Mr. Jupp, Mr. Perfec',
Mr. Howell, and others, she has expressed her wis'i
to marry them. Since her return from Gretna she
has spoken of sweethearts as before, and said she
should like to marry Alderman Kelly, because
had bags of money; this was not spoken as a joke,
but in the childish manner she was in the habit of
talking; she also said that she expected to be Lady
Mayoress.
Mr. Launcelot Bathurst gave his opinion that
Miss Bagster was of unsound mind.
Mr. T. N. C. Perfect, a surgeon at Hammer-
smith, had known Miss Bagster since 1812, and
considered her to be in a state of insanity founded
upon idiotcy.
The inquiry was then adjourned till this morning
at ten o'clock.

SHEEP SKINS.
Short Wool Os. Od. to Os. Od. I Lambs Is. Od. to 24.2 d.
Shearlings,.—..... Os. Od. to Os. Sd.