The Sun.
London, England, 1844-08-13 00:00:00

Mr. JAIES—Did you never draw that money from
the Romford Bank ?—Term it what you please, then.
Mr. JAIKEs—Now I must ask you a question in justi-
fication of Mr. Mann. Did he know that you had used
his name for one shilling of this 10,000/?—I am very
sorry my recollection does not enable me to say that I
communicated it to Mr. Mann, but I always possessed
his power to manage his cash account.
Mr. JAMES—I wish to know now, at once, whether
you represent this money drawn as having been used to
pay the bond?—The principal and interest together
amount to 25,0001 .

Mr. JAMES—Have you got no account showing how
you paid the 12,0001. or 15,0000—There is an account
showing it in Mr. Follett's office.
Mr. JAMES—Were you in the habit of going down to
the bank and taking away bills discounted by the bank ?
—They were sometimes given me.
Mr. JAMES—Is there a deficiency on those bills handed
over to the amount of 15,0001. ?—lt is so said in the
Romford books.

Mr. JAMES—Have you not had bills which you never
took back, nor their proceeds either ?—They went
through Glyn's in some shape or other.
Mr. JAMES—Have you not taken those bills for
15,000/., and re-discounted them for your own purposes?
—I will not say with regard to any amount.
Mr. JAMES—Then what was the amount used for
your own purposes ?—I cannot say.
Mr. JAMES—Do you not know that after the account
for all the bank bills is made up, there is a deficiency
against you of 15,756 L 11s. 3d. in the bill account alone ?
What have you done with the money 7—lt has been
used for the purposes of trade.
Mr. JAMES—In oil trade ?—Not all. The Romford
Bank has cost in eighteen years above 21,000 L in rent,
clerks' wages, &c.
Mr. JAMES—But what has become of the profits ?
They were small. Taking expenses, losses, &c., they
did not exceed 12,0001.

Mr. JAMES—AII of which you had ?
Mr. CHAMBERS objected to the mode of questioning
pursued by his Learned Friend Mr. James. The trans-
actions of the bankrupts extended over a period of
18 years, and his client must be thought to be super-
human if he was expected to re:nembcr the particular
purposes to which particular sums were applied in all
that time. It was really too hard.
Mr. Commissioner GOULBURN thought the creditors
had a right to the full impression of the bankrupt's me-
mory at present ; and, therefore, he would not restrict
Mr. James in his right of questioning.
Mr. JAMES said all he wanted to know was, in what
particular channel the large sum of money he
had specified had gone ? It had been said by the bank-
rupt that part of it had been applied to the oil trade, but
he (Mr. James) could prove that not one shilling had
been so applied.
Mr. Commissioner GOULBURN—You have a right to
sift his memory to the utmost.
The bankrupt's examination continued—On the Ist of
July last, did you not have your attention called to this
deficiency of 15,0001. on bills, and 10,0001. in cash, stand-
ing against you ?—I suppose I had. I want further
time to explain that.
Mr. JAMES—Do you mean to state now that those
bills have gone in the oil trade ?—No ; not one quarter
of them.

Ntr.JAMES—Has not Mr. Wilkinson, the solicitor,

taken from you 51 bills of exchange, which you, however,
did not give up till they were discovered by search ?
I believe I myself discovered, and gave them to Mr.
Follett.

Mr. JAMES—No, no ; were they not found in a drawer
at Aldgate ?—They must be old and useless bills, then.
Mr. JAMES—Oh, no ; some of them are not yet due ?

—I do not recollect any not due.
Mr. JAMES—Did you not open an account with the
Romford Bank in the joint names of yourself and partner
in the oil trade, and which you have also overdrawn to
the amount of 2,6471.115. ? Now, will you swear that your
partner knew anything of such an account ? r. Mann
is in Court, so be careul ?—I cannot speak decisively ;
but I have an impression that he must have known of it.
Mr. JAMES—Did he ever draw cheques on the ac-
count ?—I do not know that he ever did. _ _ .

Mr.JAMES—WiII you swear that you ever told him
that you were overdrawing an account to which he was
liable ?—I do not know that I ever told him.

Mr. JAMES—Then you mean to say that you began a
bank account to which your partner is liable without
telling him so P—l may have done it.
Mr. JAMES—What capital had you when you com-
menced the Romford Bank ?-20,0221. _

Mr. JAMES—And 15,0001. of that was represented
by the bond, for which you were paying interest ?
Many of the joint stock banks--
Mr. JAMES—Don't talk nonsense about joint stock
banks. I will ask Mr. Mann a few questions.
The bankrupt, Mann, in answer to Mr. JAMES, said
that he was partner with Johnson. He never knew that
those cheques and bills were negotiated by Johnson.
He never heard of the joint account opened in their
names at Romford till after the bankruptcy. as never
aware that any bills had been placed in the oil trade.
Mr. Commissioner GOVLBURN thought the proper
course at that stage would be to adjourn, as the official
assignee said that a very considerable time would be ne-
cessary to examine the accounts.
Mr. CHAMBERS made application for some allowance
to his client from the estate, which was, however, refused
by the assignees. Mr. Mann, whose conduct they were
satisfied with, was continued in his allowance.
Mr. Commissioner G ouLn URN then appointed Monday,
the 4th of November, for the next examination.

SUMMER ASSIZES.
MIDLAND ClRCUlT.—Warwick, Aug. 9.
(Before Lord DENMAN and a Special Jury.)
GEACH AND OTHERS, ASSIGNEES, V. INGALL.

This was an action to recover the amount of a policy
effected upon the life of one John Scott, a bankrupt, de-
ceased, the amount being 2,0001.
Mr. Hill, Q.C., and Mr. Mellor, were for the plaintiffi ;
Mr. Humfrey and Mr. Waddington represented the de-
fendant.

The action was brought by a Mr. Samuel Beale (he
being in fact, the real plaintiff) in the names of the as-
signees of John Scott, who had the misfortune to become
a bankrupt in the year 1842, dying in the December of
1843, the defendant being the secretary of the Imperial
Life Insurance Company. The policy was for 2,0001.,
the premium paid was 53/. per annum. The policy was
effected in the month of May, 1840, the bankruptcy was
in 1842 ; the present plaintiffs were appointed assignees
under th fiat, when, under their direction, the policy
was sold for the benefit of the creditors, and was bought
by Mr. Beale, for the sum of 135/. John Scott died in
the December of last year, and the payment being re-
sisted Beale brought the present action in the name of
the assignees, though he himself was the actual plaintiff.
There was no doubt about the policy having been effected,
but it was alleged that at the time it was granted he had
not answered truly, as for instance, he had had spittings
of blood, consumptive symptoms, cough accompanied by
inflammation, &c., all of which he studiously concealed
from the office.

The facts as proved on the part of the plaintiff were
these. That in the year 1840, Scott (who lived in
Birmingham, and was a traveller), had been advised to
insure his life, and applied to the Norwich Insurance
Office for that purpose, but though accepted, yet
doubting the stability of the office, thought there was
no reason for such doubts, he changed his mind as to
insuring at it, and applied to the Imperial Life In-
surance. It appeared that having given much trouble
to the agent of the Norwich Office he paid as much as
6L to him in consideration thereof. He was subjected to
a rigid examination by the medical gentlemen acting on
behalf of the office and was accepted. In the declara-
tion made by Scott he gave the name of Williams as the
person who was his usual medical assistant, and who
certified to his being in a good state of health, and that
he had never known him otherwise, excepting those
casual illnesses parties are all subject to. In his evi-
dence Mr. Williams swore he was a medical prac-
titioner in Birmingham, and that he knew Scott in and
from 1832 downwards ; and that he was his medical at-
tendant in May, 1840, and considered him in good ge-
neral health ; that he gave a certificate to that effect,
mentioning, however, therein that he had a loose carti-
lage of the knees ; that he remembered his being con-
fined to his bed for three weeks in 1840, owing to the en-
largement of the inguinal glands, which Scott told him
was occasioned by his going into the water. He had a
cough, but not such an one as to cause uneasiness in the
breast of the witness. In his cross- examination, this
witness gave certain equivocal answers, the bad effects of
which, however, was explained away, or nearly so, in his
re-examination.

The principal witness, however, in the case for the
plaintiff was Dr. Ingoldsby, who stated himself to have
been for many years the medical referee of the Norwich
office, He examined Scott on the 19th of February,
1840, and considered him a good life. His age when he
died was thirty-three. It was his duty to take parti-
cular care as to pulmonary symptoms, or indeed any
affection of the chest. Spitting of blood for a number
of years was a strong consumptive symptom, and par-
ticularly so if accompanied by a cough. He had every
reason to believe that the chest of the deceased was
sound when he examined him. Is considered a very
strict examiner.

Several witnesses were called who spoke to their
always having considered him healthy, though one, Luke
Brierly, stated the deceased conceived he was ill, and
would run all ever the country for doctors ; one day he
would be all dead, and another all alive again. The
case on the part of the office was, that Scott had know-
ingly deceived the office, and it was stated, that it would
be proved that the family of the deceased was a con-
sumptive family ; that his father had died of that dis-
order at the early age of thirty-one, also two of his bro-
thers and one sister, there being only one other sister
remaining ; that the deceased had suffered from and was
prescribed for a disease of the lungs long before 1840,
and that Scott was continually sending for prescriptions
to be made up, and that, in short, the whole was done in
fraud of the office.

Ann Scott, the sister, deposed to her father being said
to have died of consumption. She herself did not re-
member him. She lived with her brother from Christ-
mas, 1839, to his bankruptcy, in 1842. He had a bad
cough when he took cold. Assisted in cleaning the bed-
rooms, and on one occasion observed blood in a vessel.
Her brother said it came from his head.

Many other members of the family were called, at
whose houses he had stayed for a few days, two or three
times a year, who deposed to his being considered un-
healthy ; to his continual coughing and spitting ; and
one witness said that for six years before his death there
was consumption staring in his face. Of the family,
however, said to have died of consumption it was only
rumour and hearsay. The brother who died at the age
of 191, it was said, had brought his death upon him by
misconduct of his own.

The principal medical evidence—though several others
were called—stated he attended Scott for inflammation
of the lungs in 1835. Bled him. Attended him the
same year for a venereal complaint and ulcerated sore
throat. In 1836 again attended him, when he was la-
bouring under a very severe cough and spitting of bleed.