The Sun. — 1841-07-31 (London, England)

THURSDAY, JULY 29.  The trial was resumed this morning, and three surgeons from Hull were examined. Their evidence showed that in 1839 they had attended the mother. of the assured in a case of decided pulmonary consumption, of which she died in March, 1840, at Hull. One of them at the time he was attending her had frequent opportunities of seeing the assured, and told him that he was affiibted with the same disease, and that unless he altered his course of life he would follow his mother to an early grave. He was at that time indulging in habits of intemperance. The two other doctors attended the assured himself in 1839 and 1840, when he was afflicted with the same disease of which his mother died. He was told of his danger and warned that he would not live a twelvemonth unless he wholly gave up drinking ardent spirits ; he asked one of them if he thought he should recover if he went to his native town (Yarmouth), and was told that it was at all events the best thing he could possibly do, and he left Hull and went to Yarmouth shortly afterwards •, on his arrival at Yarmouth, however, he continued in habits of intemperance, and in a few months was in his grave. Mr. Baron ALDERSON, at this stage of the proceedings, asked Mr. Thesiger if he could contradict the fact that the assured had been attended by the medical men in the manner they had represented? Mr. THESIGER replied he certainly could not. The Learned JUDGE then said he would, if Mr. Thesiger wished it, take the opinion of the Jury as to the truth of the surgeons' evidence ; but if it was admitted to pe true, he was very clearly of opinion that the cause was at an end. The 7th plea of the defendant stated, that the policy was obtained by Howes by fraudulent misrepresentation. One of the questions put to him by the office was—" who was his usual medical man?" to which he deliberately and under his own hand answered, "he never had a medical attendant." Upon the faith and belief of that, amongt other representations of the assured, the office executed the policy ; it was now proved to be false, within the knowledge of the assured, and the plaintiffs, therefore, who sued only as the executor; of Howes, could not recover. The Learned Judge said, he had no doubt on this point, but he would consult his Learned Brother. His Lordship accordingly left, and on his return he said Mr. Justice Williams entirely concurred in the view he had taken. The Jury were then directed to find a verdict for the defendant, upon the plea alleging that Howes obtained the policy by fraud, and were discharged from giving a verdict upon the other issues, the finding for the defendant on this material one having rendered it unnecessary to consider the others.  WESTERN _CIRCUIT—Exeter, July 29.  The commission for holding the assizes for the county of Devon was opened in this city yesterday by Mr. Baron Rolfe. his Lordship then proceeded to the cathedral, and attended divine service.  The calendar contains the names of 39 prisoners, and there are 23 cases entered in the cause list, 2 of them are to be tried by special Juries, and it is to be understood that 7 of them are undefended. A horrible murder has been committed here within the last week, but whether or not the parties will be brought to trial at the present assizes is doubtful ; the case is now undergoing the most searching investigation before the magistrates. A report is current that a man has made a confession, and such a statement has appeared in one of the provincial papers, but I am assured that it is without foundation. Upon the inquest the Coroner stated to the reporters that the publication of the proceedings would in all probability have a tendency to defeat the ends of justice, and required from them an assurance that they would not publish anything that might then take place until the inquiry was concluded. The reporters not choosing to give any reply to this request, the Coroner at once ordered the room to be cleared, and the reporters and the public were excluded. This morning the actual business of the assizes cos, menced, Mr. Baron Rolfe sitting in the Crown Court, and Mr. Justice Maule on the civil side.