The Sun.
London, England, 1850-07-06 00:00:00

riitrtf Vattton

EXCHEQUER.-(THIS DAY.)

:Sittings at Nisi frius, at Guildhall, before the Lotto
CHIEF BARON and a Special Jury.)

RICHARDS AND OTHERS V. GLADSTANES AND OTHERS.
This was an action on a policy of assurance effected
the life of William Capel Clayton, who died in June,

848.

The deffnrlants pleated that the statement which
formed the basis of the contract was not true, inasmuch
as it alleged that Mr. Clayton's habits were temperate
and *ober, whereas, long before, and at the time the as-
surance was effected; he had led a drunken and intem-
perate course of life.

Sir F. Thesiger, Mr. Butt, and:Mr. Robinson appeared
for the plaintiff.; and Mr. Peacock and another Learned
Gentleman for the defendants.

Sir F. THESIGER, in opening the case, said this ac-
tion was brought by the trustees of the Eagle As-
surance Company against the defendauti, who are the
trustees of another assurance company, 'called the Al-
him; to recover 499/, the amount of a 'policy effected
with them on the 20th of May, 1848, on the life of
William Capel Clayton. It appeared that the plain-
tiffs had advanced several sums of money to Mr.
Clayton on the security of a life annuity and a rever-
sionary interest in certain property, and with the
view of having additional security in the event of his
death, the amount advanced being nearly 5,000/, they
required him to assure his life fur 500/ in the Albion-
office, which he did after the usual declaration as to
health, and an examination by the medical officers of
the company, who reported him to be " a good life."
On his death, however, which occurred on the 9th of
June, 1848, the company refused to hand over the amount
of the policy, on the ground that the assured bad deceived
the office as to the' state of his health. The Learned
Counsel, who contendedftbat there had been no deception
whatever on the part of Mr.-0107ton, then gave the tot' I
lowing sketch of that gentleman's career. He was born,
he said, in 1818, and was the eldest son of Sir William
Clayton, Bart., of Harleyford, Buckinghamshire, who
was the owner of landed property, not only in that
county, but also in Surrey and Oxfordshire. At the age
of 13 or 14 he went to Eton, where he remained two
or three years, and was afterwards committed to the
care of private tutors. He appeared at a very early age
to have been of ex remely active habits, and acquired
also a taste for chemical pursuits, and to such an extent
that a laboratory was fitted up for him at Herleyford,
and his time was divided between the study of chemistry
and the active sports of the fizld. At the age of eighteen
or nineteen his father purchased him a commis-
sion in the Culdstream Guard'', and twelve
months afterwards he accompanied his regiment
to Canada. There was no peculiar information
with regard to habits while there, but it was to be pre-
sumed that he lived pretty much like young gentlemen
in the army; he was a generous and free liver; but it did
not appear that he was guilty of any excesses. While in
Canada he became acquainted with a young lady, a
naive of America, and of respectable family, whom he
married, and brought over to this country. After his
return he resided with his family for about twelve
mouth', during which time two children were born, one
of which now survived, and was the heir to the
title. He then removed to Great Marlow, where he
set up a separate establishmeut, and occupied himself
with chemistry and hunting. In 1842, however, he
unfortunately quitted the country for London, and on
arriving there sold his commission and became a man
without occupation. What was worse, he formed an
acquaintance with a young lady named Pitt, who was a
singer, and probably the melancholy sequel of his life
resulted from that unhappy attachment. He took a room
at 33, Castle-street, Leicester-square, and fitted it up
as a laboratory at great expense, and devoted himself
assiduously during the day to the study of chemistry,
but is the evening he was in the habit of frequenting
the theatres, and a place called the Cider Cellars, in
Maiden-lane, where he used to remain sometimes till 2
or 3in the morning. During all this time, however, it
could not be said that he had acquired habits of drun-
kenness or intemperance. In 1843 Mrs. Clayton be-
came acquainted with the connexion he had formed, and
she went back to her father in Canada, taking with her
the surviving child. She returned in August 1844, when
She became reconciled to her husband, and they lived
Ogether for some time afterwards, first at a hotel in
Duke street, Manchester-square, and then in the neigh-
bourhood of some lakes near Norwich, where he amused
himself by fishing and shooting wild fowl. He came to
London again in February, 1847,. when he was very em-
barrassed in circumstances, and no doubt he then gave
way to habits of intemperance; but this was long after
the assurance was effected, and therefore could not
have the effect of making it invalid. As his em-
barrassments increased his course of life 'became worse
and worse, mita at the end of the year, when he became
an inmate of the Queen's Prison, where being almost
insolvent, and an outcast as it were froto_weitte_tbe
fortune and tank, was brouiht to a close by a fatal
attack of delirium tremens, occasioned by excessive
drinking.
The Learned Counsel, then proceeded to call evidence,
hut the case had not concluded when we went to press.

THE ARMY AND NAVY.
(From the United Service Gazette of this•day )
THE MEDITERRANEAN COMMAND.—WO hear that
Captain John Dalrymple Hay will be Vice-Admiral
Sir Thomas Cochrane's Flag Captain, in the event of that
officer going to the Mediterranean.
ACTIVITY AT THE CAPE OF GOOD HOPE.-011Y corre-
spondent ut the Cape informs us that the naval depart-
ment at Simon's Town, in May last, were as busy as in
time of war. They were fitting four ships for sea at
one time, coaling two stertm‘rs, and victualling and ac-
commodating a whole regiment within the dockyard
walls.
NEW C LOURS FOR THE 82D REGIMENT.—The pre-
sentation of new c Tours to this corps will shortly take
place at Portsmouth.
ENROLLED PENSIONERS IN CANADA.—The arrange-
ment lor torming into local companies the able-bodied
pensioners resident in the colony ara not yet concluded.l
In fact, the enrolment is not yet decided on, although a
vote of 1,500/. has been taken fur the purpose of carry-
icg out the measure.
THE CASE OF THE LATE ENSIGN CROOKE. 38Tu
REGIMENT —We understand that Mr. Warren, the bar-
rister, has taken up this aaelaucholy case, and his opiniun
is expected in a few days.
Lieutenant the Hon. Edward Douglas has been ap-
pointed Aide-de•Camp to Lieutenant-General Sir W. M.
Gomm, Commander-in-Chief at Bombay.
Colonel Sir H. Dundas, 60th Rifles, has, it appears,
received the honour of Knighthood at the hands of
Prince Albert.

SPORTING IN
GOODWOOD C

TELLIGENCE.

Age st lb.
Collingwood
Chanticleer a 9 7
Peep-o'-day Boy 6 9 7
Cane sou ... 5 9 7
Osterley
Ellerdale 6 9 3
Cossack
Elthiron
Borneo
Justice 5 8 6
Miss Ann
Staz

UP WEIGHTS.
Age st. lb.
Pit dord
Aontes
Knight of Gwynne 3 7 4
Nutshell
Cariboo
Officious 3 7 0
Windischgratz
C by Gladiator—
Khorassan'sdam 3 6 13
King of Oude 3 6 13
Maria Mont
Probity

RUSSIA.

The Imperial Government of Russia has just pub-
lished a ukase, interdicting all paid or unpaid func-
tionaries in Poland from marrying without authorisa-
tion. Those, from the Ist to the 6th class, are to ap-
ply for permission to the Council of Administration
of the kingdom ; those from the 7th to the 10th class
to the Government Commission, or to the superior
authorities dependent on it ; and all other classes to
the local authorities. The object of the ukase is to
prevent functionaries, by their marriage, acquiring a
position which they cannot maintain.

THE POOR MAN'S MONUMENT
TO SIR ROBERT PEEL

TO THE EDITOR OF THE SUIV.
S i,—By the enclosed you will perceive that a
committee of tradesmen has been formed for the pur•
pose of raising a fund for the erection of a poor man's
monument to the memory of the late Sir Robert Peel,
the subscriptions to be limited to one penny each per-
son, the money to be paid into the Bank of England,
in the names of trustees. lam anxious to give the
earliest information, through the press, of this inten-
tion, believing the working classes throughout the
country will manifest their readiness to join in pay-
ing a deserved tribute of respect and gratitude to a
distinguished statesman wbo did so much for them
and for their country. I shall be ready to forward
the object by every means in my power,
I remain, Sir, your obedient servant,
JOSEPH HUME.
Bryanstone-square, July 5, 1850.

" POOR MAN'S MONUMENT TO SIR R PEEL.
" Committee Room, BAIT/Jere Hotel, Pentonville,
July 4, 1850.
" Sir,—A conamittee has been formed, consisting of
highly respectable tradesmen, for the purpose of raising
a Lund to erect a poor man's monument to the memory
of the late Sir Robert Peel, Bart., 1,1.1).; the subscription
to be limited to one penny each person, and to be ex-
tended to the whole kingdom. It is intended that the
rend (as every 201. is received) shall be paid into- the
Bank of England to the names of trustees—viz., Joseph
llttne'Q•Ell , M-P., Right Hon. W. Ewan Gladstone,
a 1... •,.ir James Grab2w, M.P , Viscount Hardinge, and
John Maq‘.trman, Esq,, M.P.,
directed by the committee to solicit the honour of you!
in the ab
concurrence.or threw of them. I am
ovo arrangement, and shall be
hsppy to learn from you that you will allow your name
to be Ueed 00 * trustee, is otmunotion Wish acme 0 the