The Statesman.
London, England, 1820-10-26 00:00:00

THE STATESMAN.

LA' INTELLIGE.YCE.

COURT OF KINGB BENCH, Ot ILDIALL, OCT. lb.
• Befure Mr. Justice Bawl, and a Special Jury.

LAURENCE r. ABERDEEN.

The plaintiff in this case effected an insurance in
December, Inks, upon seventy head of cattle, which
were shipped at Cork on hoard a vessel named the
Edward, for Barbadoes. The ship sailed on the Inth
of January, and on the Lath of the same month she
was overtaken by a violent storm, and driven into
Mount Spain, in Cornwall, and at this period there
were only nine head of cattle surviving, namely, three
oxen and six mules, the rest having been killed by
the agitation of the vessel during the storm which she
had with difficulty weathered. The day after their
arrival at Mount Spain the three oxen flied, in eonse-
quenre of their wounds and bruises, and one le
died afterwards on the voyace to Uarbadoes. There
was a clause in the policy of insurance, stating that
the underwriters would hot be responsible fur any loss
occasioned by mortality, and upon the application of
this clause the question arose.
It was contended for the plaintiff, by Mr. Scarlett,
that the term mortality did not apply to that death oc-
casioned by perils of the sea, and in support of thin con-
struction he cited a case front the Ist Term !Isparta,
•' Jones against Small," is Web was a case of insur-
ance upon slaves. In that case there was a similsf
clause of exceptn, and yet it was held that the under-
writers were liable fur deaths occasioned by mutiny.
Mr. I.lcittstv, for the dofentlant, contended, that
even independent of the wristl clause, the under-
writers would not be liable fur death occasioned by
i!iscase, and therefore, if it hail any meaning, it was,
that it should protect the underwriters from any risk
except such loss as was (went' dby shipwreck, and
in %nisi ort of this he quoted the premium paid on this
insurance, namely, one anti a half iter cent. and with•
ant that clause, and with a view to that extensive
liability which the plaintid'now sought to attach to
the defendants, they would not have consentid to re-
ceive less than trout ten to fifteen per cent. on the
value of the cattle.

Mr. Jostles RUT said, that the word mortality,
hod. as used in the policy and common parlance, im-
plied that death occasioned by sickness or disea• e.
He therefore thought that•the Jary should had a ver-
dict fur the plaintiff, with liberty ,to the defendant to
apply to the Court of King's Bench on the i r►priety
of that opinion, and in case they set it aside to enter
a nonsait. With respect to the mule that had died on
the voyage, he conceived that it could not enter into
the present question, as that question confined
to the cattle destroyed by the violent notion of the
vessel.

Verdict for the plaintiff—Damages rile' red.

OLD &HUSE SESSIONS.

WFDS: SPAT, PVC. 24.
The above Sessions commenced this day, beh.re the
Lord Mayor, Mr. Baron Wood, and Mr. Justice Park.
Sheriffs *adorn's and Williams encoded.

STATE 01 THE CALENDAR.
The following is a summary statement of the various
off, ee‘ with whirl' the prisoners stand charged

Ifouvebresking. 2: burglary. I; forgery. 2: attend'
forged nolea. 310 ; Itighwa) robba 13; threatening letter.
sr., I ; cutting and stabbing. I; stealing in a duelling.
hour• I ; stetting private!). 2: hone-strafing. I ; posses-
sion of forged notes. I : lareenies. lU7 ; bigamy. 3; receiving
stolen goods, I 311.41111 g from do. permm. 33; embezzle-
went, 4; inimlemeshimr, ; fraud. ;—Tutal, 101.
IiTATE OF :SEII O.ITH.

Mules. Fern.
Corn lets under sentence of death. _ 94 4

upon wl the judgment of the Court
Its 3 been reviled, S 2
Transportation for life.
for 14 years, 3 I.
for 7 years, 3O 22
Cutler sentence of imprisonment for felony and
ntiolenteanours, . 23 It)
_ __ .

Committed 11) Commissioners of non:.rupts,.... t It
For trial at the present Sessionc. 101 U
At the Idosirelly Sessions .. I U
State prisoner . I U
For ,1c,iera,.....
Itemiln4 fro llouges of Correction . U I

Reviled during his :11itirst)'s pleasure lB
Tuta1,......4U4-1193 1 ti

The first prisoner was Mors Mixer, charged with
stealing on the 25th September, a quantity of wearing
apparel, the property of Mr. W. Ili!lett, of St. Martin's
in the Fields. The case was clearly proved, and the
Jury found the prisoner Guilty.
Christopher Fredesiek Cryt was indicted for steal-
ing several Antes, the property of Messrs. Potter,
Goulding, and Co.
Mr. Law, on behalf of the prisoner, tcok an objec-
tion to the form of the indictment, which the Court
held to be valid, and the prisoner was found Nut
Gritty.
_ . _

G.iffiths was indicted for stealing a grey
gelding, the property of Smith, at Padding-
ten. May—Death.
Dalai! G.Rele, aged 20, and William Reid, aged
31, were indicted fur stealing a quantity of plates and
dirhes, the property of Mr. John Mortlake, residingin
Oxford-street. The particulars of the robbery have
already ftppeared in the Public Reports, in this paper.
Both the prisoners here found Guilty.

•
Cross-examined by Mr. Axonaws.—The letter
gave me much alarm. Mrs. Rodber was at Wey-
bridge when the letter was received.
Thomas Pare, offieri of Queen-square, deposed to
having taken the prisoner into custody at the Caledo-
nian Coffee-shop, in company with Cooper, to whom
be stated that a gentleman, near the House of Loris,
asked him to write the letter. _ _

The first letter was then put in and read. The let-
ter observed, that the writer knew well what 3lrs.
Rudher bad gone to Weybridge with her father for,
and that he would let the Gentlemen and Ministers
know all about it ; that the writer had been ill-used,
and was in great distress, and if Mr. Itodher would
let him have 4/. 15s. to get his clothes out of pledge
lie would bury the matter in his own bosom fur ever.
The letter was very ill spelt.
The Jury prim at iced the prisoner Guilty—Death,
but reeuunneutled the prisoner to merry, iu which
Mr. Ito(lber joined.
Mr. Justice PARK said the recommendation should
be atteuded tu.