Court Of King's Bench, We...
The Times, 1824-07-22T00:00:00

This was an action agaiost the three toanaaging Direc ors of the I Pelican Life Insurance Of1ce, on two policies, effi cted on the life of the late Colonel George Lyon, s hen of the age of 54 years. The first of these poles was dated SMay 16 182a and was for 6901.; the 4eeond vwas dated June 17, 123, and Q was lor 6501.: both were for the term of seven years. Alr. SCAntLETT stated the case on behalf of tlhe plaintifs, who was interested in the policies as trustce for persons to whon the dc- ceased Colonel Lyon hiad granted annuities for money whiclibe had received. At the time when the policies were effected, the Colonel, who was a gentleman ogJ l ' T- '-.--,-.--. ,-. and.,oVa- sniwSusvt s a slight degree, anrd ou account of which one guinea per cent. was adsled to the pretiumse The office assent- ed to the pa iccs in Illay aid June of last year; apd in October he v/e to Gravesead te meet his ron Captain Lyon, who was then Qn the expedition to the Polar seas conumanded by Captain Parry, of which he had since published a most interesting narrative. CSolonel Lyon's natural anxiety to meet his son was heightened by somne do- mnestic circumstances otr which he desired to consult hbln, and he was extresely oalicitots to intercept him in his way to kondon. Ih this sebeme he was unfortunately disaopointed, and he remained in conoider-ble suspense at Chalk Paiaonage, near (iravesend, until his son came to him, and gave bim the interview. In consequence of the agit#tion of mi-nd which these circumstances were cal- culated to excite, he became ill, and was rendered more suscepti'le of a fever common in the neighbourhood at. the fall of the year, and with which he was unable to struggle. To this disorder he fell a victim in the beginning of Noveamber, notwith- standing the best assistance which his friends could procare; and this claim was consequently made on the officer The Directors took the three monthsallowed by the policiesto consider what they should do; and then gave notice that they intended to resist the claim of the parties interested in. the Colonfel's life. On what grounds this resistance was attempted it was hard to conjecture if on the ground that the Colonel's health was not in the state represented, such de- fence was very hard on the annuitants, who trtusted to t41 office to make due inquiries, and who did not alvance their money until the Directors bad accepted the life. Perhaps tte managers felt disappointect at being called to pay the principal when only one premium had been paid, but it shouldl be recollected that if Colonel Lyon had lived for the seven years,. they would have made clear'gain to the amount of all the premiumis, and could not receive all profitand repudiate al loss. Although the de- ceased might be liable to occasional indigestion, and might some- times require medicine like most men -at his period of life, his health would be -hown to be substantially good;. his, death arose from no ortgnic disease, but from a sudden and viplent attack of fever; and therefore there coaldt be no valid defence to the.presrnit .acidon. inT'hepolices of titodasetand description mentioned above were. put ina e nterst of the plaintit? admitted. - hichartd Harris Beaumont said he wa.s 'a surgeon at.Gravesend. Ot the 26th of October ke was sent fo , to attend Colonel Lyon there, who was ill with an intermittent feyvec, conim.on in the neigh. bour.hood at that season. Me saw hitm. every day till the 2d of Novembers when he died. The patient was so feeble when hefirst called,tbat there was no hope of saving h~hn. His. death w;as occasion- ed by repeated attacks of fever, which bd inade great progre3s before the surgeon sawr him.. He signed a certiicato of the death and its c"ause for the Directors. *Mr.G-eorge Dobie, a surgeon of sslingeo; 'aid, lie had known the late Colonel Lyon ftronm 1820, and occasioisl,ly saw him . He never heprd him complain, and regarded him as .a healthy rnan. About eiglht months before his death the witness rnet him in the-street, and thougylthim. in good health. On Sunday,. the lI ipf,October at the -reqnest of Captain Cheyne, he went to see the deleased it 6raves. end, wlio was labouring under great wegkness fron excessive irrita. bility of the stomach. He then. expected heiArrival of his son in the rlver, and seemned very anxious to see-him. -Ir. aoble never saw hiM aiterwaxils. , - Alir. David Dobie, partner of(the lastvitnss, s4il'thlse,lte'Colonel Lyon used tocaU on isib, amddidste.hi6tspvera1 titnes-in tbeyearI when he died. Se came on Ihot, and Xseemed-in good health, and went from-thence, walking to Captain Cheyne's, at Hernsey whichI: is from.3 to 4 mnlcs distant. He caled tewards the end of lly.' Captain George Cheyne said he knew the deceased, and often saw him from 1819 to the time of'his dgatb. He ppearemd- perfectly healthy in every respecet. The witnces accompanied Mr. Dobie ts. see him when at Qravesezid. He expressed great anxiely for the ar- ' rival of his iqsn. On cross-examination,the witneiss said he went to the West Indies in 1822. The deceased wna living, in 18195 at Chichester, In 1820 he bad removed to London, an4 settled in Alfred-plece. uIe8sai2 he bad an cstate near,Chichgster. Air. Joseph Donovan, a fishmonnger in Tottenham-court.road, said-the deceased used to deal with Wons, and he 6ften Saw himn. ' fie usually ordered his own fish. On thelith of aly, 1823, heppeai d well, but had been.nailingbefore. On the29th of blay,heiwalked to the Horse Bszaar, anid went faster than the witness could. keep up with him. .He continued in good hearti till he went to .Qravesend. Thomas Jones saitl he saw the eAeceased the day; lIe receijed. the mroney from the party interested in the policies. ke then appiareA'i well. The witness paid. thepViopey because it 'waLs 2nconynrjent to sorte of the eartics to aittend. - - Wioiam f eppell proved that ' the annuity ded was exntad' e 1th of' JJune, lg23, at the house of- Mlr. Spencer, th;cd,vcyaneer who drew it, and that the mostiey waX thenx paid bihirsiw1elf. H e' wallked fto. the house. E He -then seenldd In perfect.hesfth. ' - Sarah Spencer, widow of Ir.ipencer who i-s aizce'demidl, prnved. heat Colonel Lyon eameh ben hler iusband was ill, if Auteutito' September and saw him; butshe didnot' knoi wbhat passes. w I then seemed well. . Pf Tiisw-as the case foi the laintifE. : Th6AT'XoRnSY:GF.1ERAL A ddreas'd the' jury for the deind- ants, on whose:belhalf he expecied to give a most clear, cob'elliiu' and satisfiactoXy answer to the present cljtil. .In'aU;triansactieni of this, nature,- good faith wa. parttisulaflr rreqaiplte ;atid if there ias any conecalmentof material'Yacs-.till. ore,tf there rwas any misrb- presentationt._he licy. was entirely void. 'This',ias'aesental; not' only for the protesion of;tle insu rets but forithesake ef the public, as-the rates of insurance inust iecessarily biihigher -p'bproortlont'o' the hissanees of' tuecell fraud,' Ithepresesitease,it was-ialssak- able that no one residqnt in Colonel Lyon's faisily -n dpeRa6ss whi could-.really knowany thing reeseing liis -hehlth_wAs inhlled,hbt the cae waS -rested on tie oppjhion:of.,those who had met hlittt cci. dentally in the street, ott. shoam he 4ccassoio' llyvis'it'd.' Ott, both gccasions whnhe attinde' the office, 'iie' r'~ep.e .tAhinel t'aij good health,and referred to .#r,4;uY,of C hichsb,a i'ntca't sendanst wlho hdtlbot eemh1mfn'rtsetivee tu aildtbgiyeWiA i 'vould die jury th}nks when they heard that he-hhd b~e6.autanded fat motre than two Inontha previous by aphysichnGiiRd potih.ary; that lie dbaedal& fbtdwftlr.^b;ir dige?ti gteatier.itbi}y ofa'tomnach, ,a determnation of bloK* f6tl'ead-tast he fiad been Eib- jeetej to~ violent'mebiSifintliadibben'repeatedly'bled, both by lthelanee-ari.abty lecclies.Whitf d_ild they think, whea they fiound that 'at thls -VrItime-hfi-t*i subjected to severe medical ,dlscipline, and was taking powrful medisine? What would they ,thbin, when they found hini 'hls upJlcation for a second iflsaranee, again referrir.g to.lMr:(iGaf ismeaiea1 adviser, and statiujt, that be ha'd fiound nd occeasiciti' For medieal assistance since he appeared at the offece; thau'gh he had 1ecn, dur ng the interval, takinS mediciie, a~nd had once beeir prescribed 'for b3y his physician ? WVere. 'not these sufliicit misrepresentaticlrs- tos avoid the polcy ? ASnd ivFthe;plaiptrfr l6ft'ColoiiielLgon to -conduct the business, wac he nowto h,ay that it was hardtOR hiniif:te Colonel bad concealed Or miSfpresCnted,thetruth? cVh1ith&tVe death of ColoIel Lyon was prdduced by the diseases andl wealoes3 *hi1ch he concealed, was imimaterial, for the policy was void from the-first; but, on a fir xnsifstfofo ofa the evidence, 'it 'wbuld apeanr highly probable that his irritability of' strnach, fnd the treatment'which it had rendered neeess't " made bims ineapable of strngling against the attack of fever. The Directors of the office resisted this daim from a sense of duty* they only desired that it should be investigated fully; alnd, whate'ver theresult might be, thc# -would be satisficdi. It was proved that the defehdantsihad paid into Cu'rt the amounit of the prenriums on thc counts fot in6nny paid, and had andreceived. MrIr Edward Croach,.from the Pelican Insurance.officf, said the first proposals for insuritig,Coldnel Lyon's life was made on the 13th of MWlay, by klIr. Spcner*a conveysncer. Colonel Lyon isalled onz the I6th of Mavy, wlep the usual printed questions were proposed to him, and hig answers ere vsritten down andl signed bv him. Thepaper was read. Colonel Lyon referred to Air. Guy, of Chi- chester, as his mncdical attendant and certified that he was in good health: and was afflicted with no disease tending to shorten life, except light gout. Acco ding to the practice of the office, a letter was addressed to MIr. Gauy ;who repolel that he bad seen Cooonel Lyon two or tbree years ago, dand he w then in good bealth. He was afflicted with no disorder excep ut, au d that in a slight degree. Cross- examenee. Thr late Alr Spencer used to effect his insar. Onces at the Pelican-office, and receivetl a commission of 5 per cent. on the pretrium. When dsksddwhether they p;efer a reference to a medical man best acquainted with the copstitution of thic party, or one who may have attended accidentally, the oiF"cers re- Ply the former. The witnesslhad Do distinct recollection of the con- versation with Colonel 1yon. Tke proDosal was originally for an insurance for life, but it was altered at MVr. Spencer's desire to seven years. or, a correspondent reduction of premium. Re.-examnined.-The office would prefer a medical attendart who had recently attended the party in a dangerous disorder, to one who had attended hint long ago. Edward Wybrough, a clerk of the Pelican-office, took the an- swers of Colonel ,yon, on the 14th of June, 1823, when he ap- peared on the proposal for the secondi policy. Hc did not recollect! the details of the conversation, which lasted on]' twvo or three mi- I nutes. The papercontained simil-r answers to the last, with the' addition that Colonel Lyoii had not had occasion for medical at- tendance since he last appeared at the office on the It;h of May pre- ceding. Mlr. Charles Jordan, surgeon in Charles-street, Fi!zray-square, said, on the 27th of February, 1823, he was called in to attend the! late Colonel Lyon, and attended hini till the 2 1 of August in that year. About thc samue time he was also attended bv Dr. Veitch. Ile was then labouring under an affection of the liver, indigestion. and a determination of blood to the hcla(d. He was hled, and tesk very active medicines. For twn monthis Mr. Jordan attended him twice a day. Oit the 4thl of March, 1823, 15i leeches were applied to reduce the de- termination of blood to the hcad, which arose from the irritability of the stomn.ch; and he took four draughts. On the 5th of March, four draughts in the morning were supplied anti four in the eveninz, whicil wete proper. During the first two montihs he was repeateellI bled, and repeatedly took violent medicines. LThe bill conltaining tite particulars was put in.j On the l3th, 14th, Ifiti, l7.h, t, 21st, 22d, 24th, 28th, 29th, 301h, 31st of May, and on 3st, 2d, 3d, rnh, 7th, 9th l2tl, 17th, 28th, and 27th of June, he had medteitt,f chiefly according to Dr. Veitch's prescription. Onthe28th of lay, i he w:ts bled, and on the 8tlt, 28th, ad 26th of June, had leeches applictd to his head. Utoss-examined.-Conlonel Lyon improved under the attendance of the witness, ,and was able to walk aboutt. Ile exhibited, however, marls of debility :ni his person. Re-examined.-E4e loolked thin, so that those who knew him be- fore woulIt reCOgnize the differnce. In Mlay and June, a stranger might probably observe that he had been ill, Ile was a very active fman. Dr. Veitclt said, he atteinded the late Colonel Lvon aWd wro'- the prescriptions produced in court, beginning 4th of MNiarch, 1823. lie had a violent affection of the liver, attendetd with fever of a very l(talgerous cnaracter, anti a sleterinatuion of blooLd to t!4e head. U'itness dlirected thie bleeding and leeches. From the latter e;nd of Febrnary to the beginning of Aprile Colonel Lyvon was great part of the time dangerously ill. If the vi:ncss had 6een applied to in the middle of Mtay, he could not have ecrtified him in good hcalth. Cra-,s-examined._He did not tlahink there was any opinion thatthe gout was connected with affections of the Uver; but they might in- flaence eati other. In the middle of 'IMay, Colonel Lyon had pass- I cd all danger, and 'gas in a fair way of recoverv y but lie could not certify that ho was not afflicted with disease, tending to shorten life. The prescriptions were handed in; they were twenty in nu=ber, and one of then bore (date in the interval between the appearancs of grains of rhubarb and twe grains of calrome i o two heed}d not o(len. give morc than this at one dose~ ? - ot tw,o Dhr. Veitdh replied in the affirmative, but said it was a dose which ousght to Iteep any prudent man flt ho.ne.I lfr. SCA.1tETT.-I have friends who travel with pills of rhu- barb anh calomel; ds you tbink tilat unwise ? Dr. Veitch.-ITeU me the quantities your friends take, and then I'll answer you. (A laugh.) Mr. SCAItLETT replied. If he wished for any additional proof of the strength of Colonel Lyon's constitution, and the probability of his living to old age when the insurance Vws effected, he should find it in the bleedlng which he had suffered, and the quantity of medicine wiith which his apothecary had drenched him. h'e length of an apothecary's bil *as surely not evidence of the severity of a patient's disease. The long detail of medicines which had been read. rerninded him of a story which he had he4rd. A sick man received from his apotlhecary a greatpamber of draughts, pills, and dlectua- rics, but wisely refraine. from taking them and threvs -hem all in- to one vessel. At length the apothecary sent an emetic. which shared the fate of its predecessors, and afterwards called to know its result. The ,patient told him he was much better, wthich the ao'thecary as- cribect to the emetic, and begged to se its e ects. The sick man showed the vessel, en which the apothecary congratulated him on his deliverance, as he would have certainlydied had he' retained all that stuff on his stomach. " I knet I sbould,"9 said the patient, "1 and therefore I never took any of it_it is all the phy sic you havesentme." (iluch laughter.) The real point on which the office desiredl informnation was, not the state of the party's heah at any particular time, but his general health and constitution; and with- these Mfr. Guy was best acquainted. it was highly probable that Colonel Lyon in these conveisations which the cderks had for- gotten, rieetioned br. Veitch and Mr. Jordan as having recently at- tended him, hut referred to Mr. Guy, who knew 'him best, and whoiii they preferred as beat able to give them the intbrmatiGn on *'hich thoy rwere to act. It was not to be inferred, because a man had been ill on a particular occasion, that he had not a good life; but sometimes the fair inference was the very reverse. On the whole, theref9ri, he submitted that there -was no substantial anis- representation, and that the insurance-office ought to pay the surn due oa the policles, The Lonx CHIEF JUSTICE summead up the evidence. The question-for theconsideration of the jury was, whether, before the execution of itlber or botl of the poicies, there was any concealment or misrepreSentation ofthestateofCol. Lyon's health. They might, if they o=ld see fit,' make a distinetion between the policies, as it was observeable that, in respect of the last, Colonel Lyon repre. sented that no medical man had attended him since he -was before at the offlice, whereas he had taken the medicines of the apothecary, and had been once prescribed for by his physician. The jary, after a very short consultation, fcuind a verdict for the defendants.. The folowing are some of the letters alludled to in the trial for a breach of prciiisiseof marriage it'hich we gave on Tuesday:- t. . MR NASSAU TO MefSS 2ICUOLSON. ilMy dear Miss Nicholson,-SnfFer mue to assure you that I tn. tertain tfi highest esteem, the trisest regard, and the most sincere attachment for vou. 'Theae sentiments are not imagtnary, but b3ae been prxducol bysa miintte and'matiire observation of yonrcharacter, which bas ceabled me toappreciate your merits. In my investiga- tion, I havecr.lledto aid certainprecautions which I deemed necessary to be 6blset'ved, in order to avoid being tinislbd in so serious a matter austhat of Melecting a fit companion forflife; the enclosed sketch will enable yoa to judge of the pains that l have taken, and convince you tliat, after so complete a scrutiny, Inmay perhaps be entitled to affirm that my friendship and afflicfion for yot are so deeply and firmly rooted, and"eman4te fiom so pure a source, that they cannot fail to be constant. I&-tracing the qaialiflcatimns which I consider indispen. sable to a wifeI will not flatter you, nor yet deceive myself, by sup. posingthai you havethe wholeof them; but ii'ill without hedita- ,tion, award you the posseion of the most essential ones, antd make freet4,observe, that, ucon Eo good sbasis, your excellent disposition and sensible mind wkiffcauae you to raise a useftl as well as an orna- menta. superstmnettre. flaring made bold to comment onyourself, it isbtittjust that I should disclose to you every particular affecting myself,. and cand$dly avow tha conzciouuiess that I feel of my nu- Trivius imperfektions, both menial is wellas corporal. I aTmsensible tha , am utnworthy of you.-still myselfishness urges me to have the vanity to entreat tfiat you Will besto* yti;tband and heart on me; wbich ifyoti deign to accord, I will unceruingly cherish, and strive, Ihbyauilv;rs%lly cobrrect aeportnient, as well as by eveu assiduity,in en e4vouring to render you continualy happy, to cause, ysei to becrffnc *orthy of you. MAly declaration to you, sotne time Since, re- specting my, income, was correct-yout win pleas- to creffit it. Its utnicistitunuIlamoujt.ismereiy sevetihundred pounls unincumhbered. I bve no fdrther expectancies fr6ii 0jv quarter of any hereafter ad- ditio hutiihbuld Isucceed in regaining ipybealt.h, it Is notnimpro- babi athat my indutstl-ymtiy enable meto inicresse mny means. It may be righi also for iic to state, that I have no nretenSions to honours or AitIIs.; Id. pecbuniary matters gour %tdFbes apmpear moderate-"mine culucld*ith.tlsm S; and Itbelieve tbat&ar incoipevillproeureusall i thaf ii~ flccAty' and enable ts to niove in well-bred society, and cavis'U t.o eni3y every cortentment and happiness that mositiscan exp ., lYith regsrdt my healtb,'I appreheiid thatyoumaybavp a linora oirhLe opinibn of .hau I hcverrtystel- If nmy feelings are not.'ei~tneotis, Xtiust contitermysplr i.. ..extremey debbiltated sijty -.iid t mistcanditXyk-diiowledge that I:have peiceptibly been iuoiti|ggtWund br sevderil bthi; adt;I belieie that 'if do suceed uniog3jiAr hfalil? tit 'ill requird'a1efv eossiderable time. mosgprobablf thi3e ln tay'restoration; and if I do get .'ck- I loFfb tt,vievrhat do en3oy, Fill only hemi a iitei deRYe& Ici:anhbtiw*ith anysortof coisastency, supbose tlmat I shall :ver agaib he tobust. Imuso confess that since 1 was stjrii deptii ed:of my altIubtl~ the presCllt ieribj r iisave rnever in eternestislxemnylloilder to the wbellt it i therefore not surpris. i;nth e. asoty any-aiendment. 'EHoivaei, in thefaceof all 'l it~rsprifI tnieldtite4 to Oseelring eriiouglo pesuade rny. self thiXei tiMbl6'phv aila, cvery efibrt aud attin onD-a sv part, dieenic u cmforts, b espeially the kind ofices of a etfiale, who wofld, fromtrue afftetion, t;tke n liVely intertstiiimy welfare, .ind f19 ;;time wuald,oheezfillvarid with fiTeaiumdev6teiherself iII ea-rnest towtheaiding me in-,iny defidrEs to6procure my XePtoratiol to health-I say, I could almost assture myself "that sucll meons mo.ld .gradually aeteliorate iny, condition. andt iitimstely reward me-in th a moderate share of health. I prefaced thedecopmentif drci stances affectintg me, by profess;.ng frankness of character: tI'tsut, possess it, and hope ever to maintain it. In order to preserveit, I must first undisguisedly open to yomL my ideas on redigion; after which, I wil give you my veiws of our fatmilyn ornexios, and what my wishes are respecting them z having' done so; you may rest assured that vou are In possesion of every thing re-' gardin. myself. ' . , 9 ' * ' I wii now give you niy ideeas respectinr the ntercourse with-our respective conuexions. Usage has placed oar friends mn distinct and remote classes, and the forms of society lo not aibfler them to intermix; consequently, one of us must give up Ids owl acquain-. tauices; and as At is more agreeable, and perhaps more practi6cabi ws well as profitable, te ascend than it is to descend, possibly it wM k .more.advis4ble for. me to continue my own circles and shun Yours., than it vrll be to adopt the reverse method; but in so acting it will he requisite for s.l to do violence to my feelings as in pussuingsehht 1 believe to be correct, I shall be compelled to require restrictions .nn your part. To the point, then :-I vras ever of opinion tbat a man could unite hims2lf to a woman of a class of society beneath his own, but that in so doing he would merely marry her, aDd not her friends also along with her ; and as it is easier to abstain tian it is to mBoderate, so it is best on the outset to have it dcearly understood that it is not his intention to frequent the ranks from which his wife has emerged, or to consent to tileir visiting at his house: 'the,se are essential precautions, if he is anxious to mairtain hi* position in society-if he is willing to in5sure to bhl wife respect, and wishful ta secure herin refinement of manners. Although his wife's friends mny have had every qeualification adecquate to their ornamnenting the disNc circles, still their positien in society would preclude the poszsibility- of, aheirmeeeting in her drawing-room, and their associattng with tos.: of more elevated classes, did suchJ a rencontre take pluce, which ir would not bc possible to prevent if her former ac-quaintance were. ,vdmitted at Iher house, her husband's tssociates would be cautious iii again aaking scbh a meeting. In stating my ideas, I do not ietId to insinuate that your friends are notfitaassDciates forme but though. they may surpass tue in every respect, istill tbe sodety isn whi:h I mnove would object to meet the ass compnions at any time. I do nlor perceive the sossibility of drawrng a line, tl,erefore I shall ray t hat if you condescend to accept ust hand, you must ftrego receiving your present fiiends and acquaintance a! your hootte, nor ea n becomne7 knownta to th.em; of coarse, ton yourself are not to bede- barred Lenin seeing themu, nor would s be so unrattora as to campet or even desire you to forshike your relatives. You may Aet pleasure correspond with them as well as visit theus at their own dwvelt-g.vs, 4s I am well aware of tbe love 'hat exists between your mtother, youtr- self, and sisters; and as I consider them in consequence inseparaftDI from iyou, mny affection for you shall be extended tothem, and you have my sanletion, and are at perfect liberLV, to see them at all tin.es and place.. 1As I wish to be explicit and complete in declaring to you ny snind, I cannot quit the subject of your connexions with. out touching a painful chord!; and al,hough I may be black in my aspect, it behoves nieto provide 2gain5t contingencies -1 .lude tto your unifortunate fatlher, and equally so brother. It is no. improba- ble that if thei continue in their lamentable and unprincipled courns- of Life, that the dayY will arrivc when they may attem.-Spt to molest us. If so. I shall consider it my duty to be firni; and although distress- ing to msieas your husband, end repugnanw to muy own feclings, Ishall be forced to be peremptory with them in case of an unseasonable comimunication), I will, withyourcconsent,aRndwith everygoodin- clination on mny patrt, morry you, and use the utmnost efilhrtisto secuTe r our felicity; but it, so doing, it would beincorrect and criminalfor inc to bring.rrouble upon my 7o0use. I wish fora wife, to larticipate with her peace, comfort, anti happiueis ; my, object is ul elevate her in society, to increase her comforts, to afford lier cvery opportunity ,.fimpro ving her mindi, vnd to introdace hcr into that society whticl wi'l insure her the acqrjirenient of refinied. ea?f, aifa.ble, and eneag_ ing manners. I would not cause her misery by Lbc5oing trouble and dlistress upoln my famnily, nor wvould l :hurt h.er owi along with tay Leelings, b, frequenting society not congenial tvith our tastes. Pride d.Soes not eniter into mny systeo; bus tere is a ilignity of deporunelit, and a consistency oh conduct, wvhich should be carefuhlly i'reserved insitllle.d by those whos are eager rather to elevate than depri-za thiemselves. I am 2o completely acquainted with tihe sperhelcl mindtd atld haughty SpiTiLS of My- relationsS, tfivr in the face of your meritorimug deportment, thev would not at present look noon you wit thEat inte- rest, affection, and friendship that you merit, and i should require you to receive froma them consequently, I would proRose to dcfer your introduc:ion for the present-nmdeed,it will not be very material; for most probably we may not have occasion to be near them for the next three ye-ars, during which period I hope I may regain my health, and you, by becoming gradaauy* familiar with good society, be tn- zabled, bv degrees, to acquire every enmbellishment of mind and car- riage, whtich will not only fit ou I or the first spheres, but will rent:er you an indispensable acquisiuon and ornaMtent to them, and thts?m qualifications wvill cause my immediate connexions to esteenm and love you. In speaking of qualifications, and supposing you defici nt in them, I do not propose to beceme your pedaguogue. No, I am incapable of it. I have much to learn myself; indeed- ity acquirement, fall short of your own. I propose, whilst occupit in seeking health, at the same time to improve mv heart and mind. The iway to attaitL improvement is to be ever willing to advance in knowledge, and to embrace it, come from what- ever source it may; we may rmutuallv assist each other in all respects. As you are an invalid, and your time is fully 0celm- pied, I will not put you to the task of re lying minutely to thia trom me, siner; -. ,saelon of r 7 to remove all impedivients to our union. Ask enoauIy r-O ... - ever questions you please, you shaU andisgaisedly kno w me as wel L as I am acquainted with myself. Forgive me all my past errors, and rest assured that my affection, attachment, and friendship for you are immutable and sincere, and suffer me to consider myself ever, My dearest Mary, your devoted and attached, To Miss Nicholson. Will. m,ll. 2(ASAU TO 3XISS NXCICOLSO?J. My dearest Mrary,-I have used yoa most cruelly ilt; no reparatiorn that-the whole world can make will ever heal the pangs that I hurv -auseti you; and wbat remedy is there for those that are to follow ? On earth nothing can solace you. - I commend yotu in earnestness to the Savioir of mankind: he will hear your prayera And although those coming from me are not deserving of attention, still he is f uly acquainted wit4 the sincerity and truth of my heart; and I make hold ro petition him that he will repay you, both in the present as wel as in she future world, for the many trials which you haveendured witl such perfect Christian resignation; and may hIe, in his mercy, grant that the present and saverest one may conclude your afilctitonr, andl may hae henceforward reward you with peace and happiness. I am aware that it is out of my povier to heal your wounds; were It pns.. sible, no sacrifice that I could make sho-ald be omitted to restore yoo; to tranquillitv; believe me, and ray wards are truly and solemrly pioano-anced, i would with pleasureand with chterf-lness undergo ise severest punishment to efict: your restoration to a more conambltabler state than that in which I first found you, when I became acquainted with you ; I would court every affliction, I would endure thegreatest torentr. that mortals could invent, and those for a series O ages I could but behold a placid and cheerful %mile on your countenasce. Believe me, dearest Mt1ary, my life shall be forfeited for you- Wlrith it may the Almighty fede satisfied, and may you then be re- leased frotn your torturs7. I feel that I cannot survive in distresin; you ; my hcart is sa deepil and irrecoverably wounded, that I. musr wa-h out my iniquity with my life. I feel that death has hodi r4f me; to you do I forteit my exiktence. A deep melancholy has scizeti me; slumbers have fied from toe. I am miserably wretched, not. on my own, bitt your account. I cannot snrvive. Forgive me. dlearest M1lary ! Pity me-pray to Heaven forme-wbhen 1.am dea. forget me. I have spoken to rnv motherS-The following is-writtet. in pencii):-Her decision is, that I shall have three, sa dperhaps, but far from certain, four hundrei a year, besides my one hur- drcd and eighty pounds, making in the whole foar hundred antd eighty pounds per annmm. If, with this ineome, you are willing tab marry me, I am at your service, to devote mny life and wffhole powers to please you-I am yours; but I believe my heart is broken. Ireallv feel that I cannot recover, but if still in titme, do send me one cheer- ing word; do say tlat you forgive me, and that you will,with the aid of the- Almighty, do all that you can to secure your tranquaihty,and ? die happy. lf 1 dorecover,will youx tke me witb the41101. perannum ? If i die,the wholeof my propertydevolves to you. Ishallamker sy wfili immediately, nmakeyeusole heresrsandexecu,ix,art=endityou. 1 witllalto clear up your charicter, If I ahould live, or rather exist, for atime, and you. do not thiukmetworthyefyou,orttmylwetetr incomeof 4801. isnot suffident, I wi then settle the whole of it Ot you, make my will in your favour, d clear up your reputation in every quarter; and when it shaU please God to release me, be assur- ed that I died for you. Whatever you think it to im1xose upon ame, doitfreely. Icourtallyour reprobation ;heap every tring uponme; throw off your burden; I will cheerfully and promptly wnitliouthe- sitation, take it up, and if I can but relieve you completely, l dic bontent, (Write tome, my dearestlove, per bearer.) Givemenhopes, may you be able to say that youuare hkelyto be tranquilizedt. -!rn- mand me; desire me to do any thing that yon please,you cnnos task me toe severely. will do every thing for you.- As I told yo- before, my income was 7001, per anum, but it is mow only 480L When I gave yoa the first estimlate, 1 did not deceiye you, excep: i. not stating that it was blen ded with that of m mortser's. Thereduc- ion is in some measure oNving to thefall-of rents, which 1 solemnly- assure You I wras hot aware of until this stight after tmV itturn, frotu Salt-bill. Send me your decision, and may the Redeettier award that it may restore peace to your heart! Excuse me penciLling my letter, but any ink 15 exbau.cted, I cannot find more at-this time-of morning. I was not wil'g to deia. addressing, feaing that whe tbe family rise msy be incapable tO wri 1 would have gone rv. self-down to youl but lam unfit to travel. I cannt rest unmil 17 cdive yoQtr Teply - uflkrtte1 ay, to call you ever-my dearest krre, buIsucunscous that lanm, unworthy, if youl at lest allow me a place in your friendship, and believe me ever your mincera veRll-wisher, and dsvoted attached 41, Baker-street, Portman-rqunre. WM. NA8SA_U Until ii have made my wzill, the aeeom3anyng memormdum vill enable you topossessi miy property: nXyfrendsare welae Quaint- ed with nsy baud-writing, and tennon anconscieneehesitate to aelnt- ledge -it. 41, Baker-street, Portnan.squsre, 1 am, everytur true 15th of December -182z3. . andnttaed ff ie MlisaKNlcholson, CaftIle l'u, Salt-hill. WPI. NAS&iA0. - - eCOPY WILL (in pencil.) I make IsMary Ann Nicholwn, (b3r-msid) at. the Castleintn, SIt. hill Berkshire, my sole heitfss and executrx. 4i, Baker-street, PoDrn-square, London. W.INASSAU. PFifteenth December 1823, in the year Of the Lord:one tu sand eight bundred aial twenty-three. Mr. d Jam e Btth ler, of the house of Zjesr Bgtler- .Brthen, merchants. London I or ray btother,moth5er and siste% l v leaser tocertify 5bat this is my hand wrWing. Wh. N ASSbe,. 15thD;cmbe,1. Endorsed Wnm. Nssa'i's last Wi n"4 teelanent. - naL. NASSAU TO 3raaSSXCHOLs*X5- r dry,-4-111concered in extre about ar health z *vour last reports of it havegiven.thets.erest pain.1 . grove comp2tl&fy oZ~ yrarrngetuonts, and re3oice that ye,g q3ctt gal~~~~ouct-h mmcii Gsutaec thge weR2d oizy keep alive aistreaeing feelings, which I be 1vj6-~Oiir'eiovia1 atone 'will fre y' Ifromi; atar I momStincerely iioo yOlclnaderivecevery&latgfo the change that I confiflontl, nki eyL il,aderetywt you. In uttingthearceaeoe you~lac~ev e iyuwol all that hasierretofore distredyoiitveyaalnyhbenir again revert toEthem, tdrbohitelyo rr hra~~n~ouy landscape, and. direct ~6fii~astitot4e ndl ce 'Prospect before your, whic sc4terw-eagery witOutheiao,ad thus -ecliptic -or.ever. and re,raaicate allteonaththvhi therto obstructed -y6uv! dareeri-- l'aJy:rrogreSs thruhlf hs a meat to sak', been dcs~l1th ;ard. dterrless ; but I oweca bliant scene bcfore-n~, whoise powerfsol rg~dildrce is effectuallydpligh hitherto imepervious and heavy-cludo u~yeg; dearet gr,ihetp all will yet be well- 4as,wit WIll live didi i6ve go tike. Orwile are muodieaic,'ina our intentioTns pure,)- arid prutdentl iett.. 'We will, we jolust --he happy, so tier as -happiness is to be ex- pected in this w6rld, Nonie are conipletely happ)y: if the TeverAe we.re the case--if we bad Pso troubles or vexations Ihere 'below.Z.. if the evifls incidlent to hiuman nature were not so maxny antl. various-undl if ofit greatest eaethlly comforts were not fre-' quently dashed with' pain andI uneaslness....we shiould want pecper exercise for our miortl characeter, wxe should not improve in -viltue (which consists in' overcomiing difficulties), anid we slhould not look fet a. better state hereafter, where alotii we can i be cons. pletely happy. No state of life is exempt fromn difficUlties and troubles, wvhat1er of vouth or age, of riches or pov~erty, Of grandeur or meanness. 'Let, us do our duty in the situation in which. PVrovidence has placed us, and then we shiall have aitfained thie'state that alptroaclics nearest to happiness. With our resources, we will be pelzf~ctly content; wve will endeavour to suirpass othiers in merit and learning, which is a very laudableaml)ition ; whereas the wish- ing to outshline others in rank, in expense, in clothes, aind in equi- page, is a silly vanity, that makes a person a1ppear ridiculous. Do irot torture yourself withi whant the world may siy after your deprar. ture from Sale-bill. Notlhing is so comfortable an4d consoling as a good conscience; thlat shiould make yoa easy and happy. Hoiw satis- factory is it for you to know that, in your late-situation,: you hiave. done your duty in every respect, and that ipi youar communications, with your comiportmlent, you could not have possibly-bceen-irnore-cir.~ cumispect, Tile injury will fall oni the slandlerers--they thenmselvesq wUil feel guilty, ar.O conscienice will severely tormnitt thiem. I believe I must step I arn-afraildvou will begintsothiink lilyletter-tob grave. .1gt rather to have ejideavoured so) have reitrseatedi you in youir smliles;, you used olv ak-ndl in thiat you are riglht. I, too, like.cheerfulness, andI we shall often Joke togerher. Sometimes, however, we mnust thinik serioutsly, butrugerreral one ought to be gay and ivey; wolsl ot r,htha wesliould set -up fur philoso- pher. Isin p t-da, bu vey ta rriiiwell ; buit no attention shall be wntig ot ro par, ad dae sy tht Ishal stll et better. As oonasI at sbl, Iwil imeiatly eiairtowhee ou may be, andperonaly ongatuateyo, a wel a myelfon hecompletion ot uttrilsanda ruerensateen ofou cleet\ines.Write to Ine everydsaylintil I~eo,adIicrl oeeeyrs con -will bring mie an assurance of youir p regress towards hecalth and spi- rits. Do, my dearest girl, banish a-,ll ,teari and-an.xiety for my sakle miake youriel f happy atnd use all mieans to -restore y-our healthi andi peace of nrind. IwilI adopt a similar couirse, iii order to please you, as well -is to encourage you by miy example. I had yesterday a good stiffconiversationi Withl Lthe oldl lady, tndl toldt her freely my minsl ; we arrivedI at a peaceable conclusion. I assured hier thtat miy marriage wouild be beneficial to hier, Far it wouldi relieve hier froml aniy lu.rtlier anixiety oni my account. Thec stormis are niow all finally a-batcd-I believe a hecavenly calmnreignsthitroughoutoit the famrily. TI'iis sub- ject wvith thiemi has stroppedl zsn if it ha~d never existed-we appear to be on as frieintlly terms and as conversa;nt a-il hdoWed to remain a bachelor the remaindter nf miy days. Adieui! I shall eoancludoe this Initer. a-a Cicero dues onle of llii- " Iorder y-ou to be i n good lica I h. " Blelieve mne, my excellent girl, youirs, sincerely afli~ciouate, Mlind You treat vourseltf well, andl get all comforts, or I shall ncold gently. Corre'ct all errors, for I was interrupted, and lhave no time tore- ernise. Bes wIshes to the Cecil's circle. 20thi Dcc 1823.--T-'o Minss ilrlti Castle Inn', Salt-hlill, B3erks.. Onu should nuot be miisledI by tire captivating exterior of any wo- ma3n who is greatly dleficient eithler in sense or condluct. There are marry wivouen tigairast whlose characters thiere lies nosthing very ob- jectioniable, wh. tio re yet little etrIculated to taste or to comirsuni- cate rationial happiness. Roniantic ideas of ssAperlrurinrsn excellence should niot be indulged in ; ttie faires3t creatsrre is a fallen creatture it is absurdt to expect pertieccion--it is not tunre.stsonable to ex- pect consistenicy. One should not suffse himnself to be caught by -a shiining ult,tl lieikows it is riot couniteracted by tire oppo- site dlefect, nor be taken in by strictniess in one point, till a.s- susred there is iio laxity in Others. Itl cliaracter, usa in archi- tecture, proportion is beauty. TIre erlueatious of tire presenit race of femnaliis is not tavourahlie so tlomestie happiness. Education in a. wvoman is not that whsichnismothers her *ith accomplishments. butt thiat which. tends to consolidate a fi-nm and regular system of' character-that w,;hich tends to formi a frieiid, a comnpaniion, and a wife. I caill edurcation riot thiat whicht is mnade up of' the shiredis and p,atcbes of useless arts, but that wlinch irrcsrlcates principles, po- lishe4 taste,Tregulates temper, cultivates reason, subdues the passions, habituates so reflection, trains to self-slenial, andmoespcal that whiceh refers all actions, feelings, sentinlients, tse,adps sions to the los-c and f'ear of God. A man of senise, wolvshue and-lives at hiom-e, requires a wvife who can and wilbea, alvh expense of miiridI necessary for keepinig up ttire clieerlsnl, animrated, eleganit in9tercoUrse whiceh forms so great a part of the bond of union. between intellectstal arid well-bred people. The exhibiting, the tlirt- playing wife mnay entertain yosrr etrmipany,but it is Only tire rirformetd, the Tefinedt, the esitivatedI woinnart, whio can entertain yotsrself ; it is a folly mnerely to marry for uric's friends; one shouild primarily mairry for himuself: one wanits aL companion-an artist riray be Iiired. In acomianon or ife,it s nt ncesaryto have a hlelen, a Sr. eciia,or s Mdam Dacer,yetchi shuldbe eleganit, or can- notbe ove; snsile,or annt b repeced;prudent, or cannot bc confded in;well-inormed, r se annot educate her chiildren); wel-hrd, r se cnno enertin erfriends; pious, or there is nc happnesswit her becusetbe rim cornfort in a comnpanion fbi Madam-You must be certain that the two letters whichi I ad. dressed to yost nearly a month since. were ilnv own tliction.1 then en. treated of you, in as kind language its my miind was capable of pro. duCius, t you wrould stifr any, frienid, Mlr. Butler, to have an in- terview w11i~tht yorn (myself beinig at that tinic uniequal, as I still consti. mae to he fromn ill-health, so conversing with you personally.) I had cntettahined hopes that you would have uinhesitatingly antI cheerf'ully acceded so my requests, and hazd sanguine expectatijons thAt the meet- ing would harve led to an amicable arid speedly arrangemnent betweeni us, seeing as I then did, and believing that you would have concurred with me on tire wisdom of our cancelling our compact. Adiditional circsumstances have datily streingthiened my belief that, all eiecurin- sEances consideredi, our union could riot possibly. have led to happi- ness. -Had yon pos4essed a.ny real regard forirne, knowing hii a solely ill health that prevented my caln nyunyel thatink,va even bad it been necessary, to offer some little'violence to your own feelings, yout would have acqluiesced in a meiasure which, enatiating from mcyost mnust have been assured that the sooner it was set at rest, the speet'hner ivorild I be restored to healthi; but in thjis instance, as in others, you have lost sight of mc arid my friends, and, as before, merel considered yorsrself and youir ac-quaintancee. 1 canniot forbear sating-i , that I was firmnly imprmesse with- the belief, that had you given the meeting to IAir. Btirier, Yout would have perceived the ad- vantages as well as necessity of our abandoning our project, and that on your a3sent to such a rireasure, you would have displayed elevated refined, and disinterested seritinrents; andt we ivould have concIlude the siubject iii a friendly arid satisfactorv mnanner- blad youmrnrainan- ed such a coiduct,you would hlave feuntd meat the momient ever after soliciroLSt in Yosir welfare, and attentive to your comforts. But tire couIrse You hlave puirsuied speaks for itself; yours were double meitasures. Grovelling, mnercenary, and selfishi feelings have attendled you.ihroughout thewhiole of'our negotiation ; they still adhtere to you. ,aou attenipt to render suibservient to your self-initerested pectiniary views thle good dispositions which, in my jealousness to guard .your feelings, I rather too freey I An divestedi of all caution, wvas irodig4l Of. Y'ou lhave also Urie .nadnssonely, if uioj wniustly., taken advantage of the uand isguised and frank proceedinigs, anid of the ef- tects of tire -keenness of miy seusibilityj aird thie -acuteness of my feelings, whliclttryou wczc well aware waved all j-prsonial conisidera- tions, and even subjected me to prejudie-myself when others' hapoi- ness was concerned, and which lcea me-not to notice myself, wrhen I fancied that Imight be the caus3eof giving you painaind anxiety. I sagy,nyou have ransacked every spot in order to niaka evil of' what was inedd for gsod, and that wvithi the laudable attempt. of probing ipy purse tf, the bottomn. 1 fear you have s3ailed before the wiAnd, and have outwitted yourself. 1 detest.grovelling propensities, and always op- posed them wviehi all my might.You areini posses.aon of myproposal- it is fintlh; frornt it I neither recedle noradirance.. You,.or course, know whethier to accept or reject he;- and if thea latter, -what neXt are most likely to answer your pur-poses? O n rAy, part, I am determinieel to re- sist-w-ith every effortall'iurtherchimerica demnands. I-feel it right-to acquaintyou, that I aminoiv aware of an unpardonable breachi of confi-. deuce that You -were guilty of towardis me, and which,,-together withi your exPosing my correspondence with you to your acquaintances on your arrival in town, if not previously to that periodi, leave no doubt to me that you have liad twos=ig to Your.bow. - Recollect our.coinciding in thec opiuion eand rouin that all topics ouight to be buried witbin our own bosoms, which were never inctendeti for the pyes or ttire ears, of tire world. Do you remnember my committing your letters to me to the flamies in your presence.? Reflect on-your sole-mnly asserting to me, that you hadl not, nor would you, commu.. nirrate:to tlhe Ceilis matters relating to us and our private affairs, W%e;e you not. fully-convinced that a deviation from prudenwe and contidenoe Wvould of itself have formed an irreparable breach be- tween us ? Your line of conduct, I lamenit to say, does not corre- spornd with my ideas. I airs now clearly undeceived. I leave you to YOur uwn reflections.: they will be your- truest monitor. 41, aker.street, Jan. 23. 1 an yours, &c. -To Miss Nicholson. WILLIAM NASSAU. COURT OF KING'S BENCH. WVERTnrTFrrn TrTrv Q1 MAYNAnD V. nOl}DV. ERQ. AND nvIin.-