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I\ HODGE, fi » AOAINST THE STATE FIRE INSURANCE CO., c^ 1' ' .L-iox\rj_j oisr. FOR RECOM^UV OF INSURANCE. -49^ TORONTO: i-IilNTED FOE THE STATS FIRE IKSUEA!?CE COMPANY iseo. ^'O X- =2- ^^ fRlSJKti AT TUE OLOPR SiTCAV FKi;9.4, .roro rlu! TTon. "Mr. Justice BtruNS, ©D WodS Uiirv IS, l.,S(i(). ('oimscl fur the I'liiiniill'^ lion. J. ii. (.'ameron, Q. (j., uiiU Mr, M<:GllATII. Counsel n»f tlu' T)ofcndants, Mr. M. C. Ca.mkiio.n iukI Mr. R. CJromuh;. This was au action ou a poUcy of iiisunmce for $4,000 effected in the tlel'endants' ofiice in the month of Fel)ruary last. During tlic fnonth of Au^nist hist, the premises ami property insured were totally destroyed by iire. The defeueo set up wa:-; fraud, perjury, and that the piaintiif had fired iiis premises, Mr. Camkrun o])eued the plain- tiff's case to the jury, and called J,t.MEs McGiiATir, — to J, H. Cameron.— I reside iu j^prin^. field, in the township of Toronto. The plaintiff resides there; heTs the Church of England .Minister in charge of the Credit Mission. lie came to reside there in July last, twelve 'months ai^o. llecollect the fire; it occurred on the IGth of Auiijust. First discovered the fire al)out two o'clock in the morninoj, Mr. Hodut tliat he pur- cna,sed thorn from some person who got them at Mr. Maynard's sale VVhat I understood was that Vice-chancellor Jamieson left theui to Maynard. Ihe.se were the drawing-room chairs. Plaintiff told me tliat his piano cost £125. He did not purchase it at ail ; it belonged once to Jo,sepii fepragge ; it was given to Mrs. Hodge before her n^ar- * The address is in the .same hand writing as the body of letter. \ i rlage. IcniiMnot say mlltt fti»eitw««. It was in perfect onlcr. L tlioiiu;!it it was a s|)h'ii(lirl iiistriimcnt. T saw ^inua at tlie t'xhiliition lu;rc valued at >?1,(MH». hut I coiild m.t s.'(> t1icy wcr.-! aii\ brttor. After t! 10 tire I i»n]i'ivd an eximiinatiin. oi' ihc < I, hn's aiid J»n.uu!it home tho reiiiaius of the j.latc, «!c('., tS:c. (l''ra;4Hi('iits of iiicltcd pliite, (laiiia^vd by fire, bciiin; liimdod ^v•itness. ho said,) i have seen this plate |)efnre, T was iiiidcT lh(! impnis^idii it was silver, as I trietl it willi acid. I e.uiMot s;iy whether this is tlie h not .«ee the hair spring' in the wtiteh now liiinded me. ((\unH('l for |.!aintifr adniitted the identity of the watch.) I found something- like tho remains of a candlestick. I recollect scein^i; in tlie house two pair of castors upon the .-ide-bo:'.rd. This was one evenin,!,' wlien there Was a supper party, at vM'-h +Tr^nty-(ive persons uere present. I tave paid .Cfj or Xit a 'astors, and 1 think mine are very nearly as -ood as plaii -i ajrent for three Insurance Com- panies in Sprin-lield -known In Sprin-iield. 1 have advertised it. I c;uin. .Mr. Jloduo knew I uas an In- fiurance Agent. I recou. a to insure. He made no appli- cation to me for insurance. STEi'irEX Li-.TT, L.L.l).,— to J. n. Camerox.— I am acf|uaint- ed witii tho [*hiinHtl'. lie is married to my wife's aunt. I have had occasion to visit his house in Springtield. I have been all over it. I was in court while i\Ic(j! rath was examined. The house was well furnisheil. The drawinu'-room was remarkably well furnished, as were also the bed-rooms. I do not think 8000 vras anything like the value of the furniture. Tlaintiff cannot relit the liou.'S for anytliing like tlie sum. The pitmo was a present from my wife to his wife. I think I have lieard my wife say that it cost £125. I cannot say that I had very good opportunities of seeing the plate in plaintiff's liousc. All they liad appeared very good indeed. I can- not say whether or not Mr. Hodge's library was all unpacked. I saw some large trunks in his house. When speaking of his books he gave me to understand that, he had no case large enough to con- tain them all. The books in the case were all handsomely bound — they were drawing-room book .. I do not think they could be re- placed much under £150 or £200. I have had no opportunity of being particularly acquainted with Mr. Hodge's circumstances. M:s. Hodge has means of her own. She possesses seven or eight acres of knd, worth £300 an acre. Cross-examined by M. C. Cameron. — I never heard that Mr. Hodge was sued in the Division Court. I am not aware that his " ■l^ 6 Tiame ?ia«f })ocn on • poo(! i^eu! of pajwr T Iim(! a !i(»te «.f Ms tl|t uthcr thy. unuh iti liis lavuiir by Mr rjildicv. I im, !„ ,rfv cortaiii liu.V('rsa\vliisji:ini(>uii|Miu>r - Iiviiiciiilu'niow; lio ua imi-- diasiii- snnic |.n.|K-ity (.niic < ',,,u ,,, a„,| u.uitodi,, ralso D 1(1 or i,H(). I licanl tint hr ^of -i not,- .li<,.niiii(r,] ii, ||„. ]{;,,ik nf f'nni.r tatuuh. 1 uns ,M tlu. To\vMslii|M.r JJI.uIui.n whn, }|h- lin- W CiUTod. Jlrs. 11. Ml-,. ]m.l Ik'cu tlu-iv .ai a vi.sit t.. my wii;- ovi & Ki>.-k or a <;.i-(.,id,r iM.lnr,. tlu' liiv <,c,iir,v,]. I ,ln,W think slie l.n.iiu1it any jrurll.-ry uitl, Iwr. y\y ^^\l\. ^uUo to Imt to ^ ,o V ■'";'>', '''■^■"■^^•'l ••"•• ""■ < niry. 1 am v\rll :„ ;,i,ifrl uitl» Mr. ll..(l;:v,S l,„u ^ When plaintilF VV;,.S >\rk, I yfi.VcMl tlu'lV uilll l.Mft two (lay,., 1 eannct say ..f ^liat malmal tlu- luMl.st.'ad was jna.l\ I did j.ut i(! .'• tiK.l iiiyyolf. It WiiH wortlt, jH'rlnps, .^l^. Mi--. Iludui! Iron-jlil with licr to Ulca- hciui, !i very siiiiill <(ii;iMtity <,!' clothinir. Slic IkhI :u\n<^ littli; jcw- clltsry with \\v\\ l^hc (li;(! had bron,!_l;t tlieni IVoni the West Indies, ^Jrs. iiodi;(! had a ureat ...any dresses. — A \\]iite s.'itin, a lilack saiiii, u Vdiite silk, a lavender brocade, and several eveninir dresses, k^'onie of tile dresses were ]>urehased just before her marriage. Some Avere two or three years old. i think the Jjrooade dress would be worth £10. 1. recollect a white satin dress and a priinrese sal.n. I did nut see any books b(^sides those in the book-case in the drawinir-room. l^c-crmni/ial hy J. II. Camf^kdn. — At the time of the tire, Mrs. Hodue had been married about two years. Most of these tliinirs had been i^ot (piito new on account of lier iiiarriaonie to town. When going away I have heard that he has once or twice taken some plate to a" neigh- bour's. He never left any with me. I only know by hearsay, that he left plate with his neighbours. I cannot undertake to swear the t the plate was all silver. I think I can swear to the spoons, but I have not so much faith in the salvers and things of that description. Mr. Hudge was never in the habit of borrowing monej from nio. I ^' backed" a note for him .soon after the fire, in order that he might get some furniture. The furniture was bought at a credit sale. The value of the note was $51. Charles E. Anderson, examined by J. II. Cameron.— I am well acquainted with Mr. Ilodge. I have been in his house five or six times. I was present at a supper party, whi ,i I suppose there were 25 or 30 people present. I observcd'that there seemed quite a sufficiency of silver spoons and forks for a family in Mr. Hodge's position. I liave observed the w^ay in which the drawing-room was furnished. I should say $600 or $800 was a very low value to place upon the furniture. I was once twenty minutes with Mrs. Anderson in the room. We called unexpectedly, and Mrs. Hodge was not pre- pared to receive us. We did as people will do sometimes ; w^ made remarks upon things, and thought the parlour furniture very valu- able. I should not think $000 or $800 too high a value for the plate. The drawing-room was the most handsomely furnished room in that part of the country. So far as my knowledge goes, there are no extravagent valuations placed upon the various articles included in the policy. Cross-examined by Matthew Crooks Cameron, — Putting the piano out of question, I should not think the drawing-room set could be purchased for much less than $300. The set would con- Bist of the couch, 12 chairs, and the centre table. I should say the chairs were worth $8 each. That, I should think, a moderate price. I should think Jacques & Hay would ask $300 for such a set of furniture as plaintiif had in his drawing-room. I was up stairs once or twice when Mr. Ilodge was sick. I should say to all appearance from what I saw, you could not furnish a house with bed linen, beds Mid furniture, such as plaint iff had, under £300. That does not include the plate, piano, and books, &c. I am not prepared to give the price of articles in detail. Last year, when I insured, I went over my house, room by room, took down each article, and was thus able to form an idea of the total value. I form my idea of the value of Mr. Hodge's furniture from the knowledge I thus gained of the value of my own. I am not aware it concerns you to know what my house contains. M. C.^ Cameron said the witness estimated the value of plain- tiff's furniture by comparing it with his own. It was necessary the jury should have an apportunity of judging of the value of the com- parison by knowing what articles of furniture the witness had. His Lordship thought the question should be answered. 1* 10 Witness continued. — I have in my house bureaus, centre tables, good Brussels carpets, lamps, s^tod glassware, good chinaware, &c. ^ M. C. Cameron. — We have not found any of these things in Mr. Hodge's possession. Thomas Wheeler examined by J. H. Cameron. — I am an Engraver. I recollect engraving a quantity of silver for Mr. Ilodge. I find by referring to my book that there were 12 table spoons, 12 table forks, a silver cup, fish-slice, sugar tongs, and other articles. They were all massive silver. The engraving cost $9. The proba- ble value of the goods was $280 or $320. Nathaniel Hammond examined by J. H. Cameron. — I am registrar of the County of Bruce. I knew Mr. Ilodge when he resided at Saugeen. I have had an opportunity of knowing the quantity of furniture he possessed. I have been frequently in his house, and have had an opportunity of seeing it. So far as I can judge from comparison, and from having made some memoranda, I think the value of goods in his drawing-room, was between £200 and £300. T made a detailed statement of my own, and was quite surprised at the large sum it amounted to. In my drawing-room there is a piano worth S2G0 ; seven music books, $00 ; sof\i, 340 ; chairs, $27 ; easy rocking chair, §20 ; centre tabic, §20 ; papier mache, $U ; sewing copy ot tnc " v ernon urauery, nuals about, SiO; papier mache desk, $10; a portfolio, $5 ; Ilus- sian leather reticule, $8 ; silver card case, $16 ; other small things about the table, $40; plated candlesticks, $12; Haguerrean pictures two cases, $40 ; prayer books, one at $5, one at $25, one with les- Bons, $4, one at $75 ; making in all $802. Previous to making this calculation, had I been asked the value of goods in my room, I should have answered $400. I do not know much about shells ; I have been on the West coast of America, and in the Sandwich Islands. The class of shells in Mr. Hodge's collection was exceedingly curious and unique ; much better than I ever saw anywhere else. I could not place a value upon the collection. It had a fictitious value ; the proprietor would not part with it for a large sum. I should not think that $300 or $400, considering the trouble and expense of collection, would be too large a price to put on it. I have observed the bed linen in use in Mr. Hodge's house ; it was of a very fine quality, pe- culiar to warm climates. In warm climates, as a general thing, you will find the finest linen used. I value the furniture in my house at over $7,000, and I think Mr. Hodge's property v,as worth several hundred dollars more than mine. i 11 Cross-examined by M. 0. Cameron. — I include in my cii^cula- tion of the value of my drawinj^-room furniture all the articles enuni- crated. Mr. Hodge had a case tilled with books, besides I have seen books in the drawers belonging to the book-case. There were a great many books bound like the most expensive of mine. I understood that Mr. Ilodge sold out the property he had at Saugeen. He kept some of his property, the chairs for instance. I dont recollect the style of the furniture, though I saw it when Mr. Hodge was sick. I myself have some of Mr. Hodge's chairs in my possession. He left them in my care when he removed. The covering of the scat of one chair is blue damask ; another is a mahogany chair covered with red morocco. I have been in Mr. Hooge's house when there were 25 or 20 people at supper. There was a nice display of plate. I have seen, I think, a silver mug there. My impression is, but I cannot state positively, that it was a quart mug. I saw it in South- ampton, I cannot state on what particular occasion I saw it. There is no comparison between Mr. Hodge's books and mine ; ujy books eccupy two or three shelves — about $50 worth. I cannot say how many shelves there were in Hodge's book-case. As near as I can recollect from memory there were six or eight. I recollect the can- dle-sticks, glass shade, toast-rack, tea set of silver-ware, sugar basin, cream jug, gravy spoon, and fish slice. I have seen these things used at dinner. I was called upon by an Insurance Agent, and I said that if Mr. Ilodge was insured to the amount of $1,200 he was well insured. That only shows how easily one might bo mistaken. I may have been surprised to hear that $1,200 was placed upon his books alone. I had no more idea of the value, without some little thought and going into detail, than possible. When I spoke to the Insurance Agent I was speaking upon impressions ; I am speaking upon oath now. I cannot recollect in detail the furniture in the bed- rooms. There were chairs, and beds, and bedding. I did not see anything extravagant in the rooms, or I should have noticed it. To my knowledge Mr. Hodge was in no difficulty (pecuniary) in South- ampton. We had business transactions together. I am indebted to him to the amount of £40 a year, and if he had any serious difficul- ties I should have known. Mr. Ilodge got his drawing-room chairs from Dr. Crawford. These were the red morocco chairs, in the dining-room. Thomas Belcher examined by C. McGratii, — I reside in Saugeen, and am acquainted with Mr. Hodge, I was fre- quently at his ho use. I assisted him to pack up his furniture when he left for the Ci-edit, I directed the boxes " T. P. Hodge, Port Credit." There was a good deal of property to go to the Credit.— Re had a sale before he left Saugeen. The principal part of his moBt -•-iM u valuable property lie took away witli him. I assisted him in packing up the book-case and the books that -wore in it. There ^-ds another box of books packed, besides those taken from the book-case. There was a large anuiunt of bed and table linen. The sheets were all of very fine linen. I had an opportunity of seeing them when they were washed. The house was well furnished. I considered Mr. Hodge's house and Mr. Hammond's to be the best furnished in the place. I never was at Springfield, Cross-examined by E, Cro^ibie. — I helped to pack the piano and sofa. The sofa v as a largo size, and covered with damask, in the same way as the chairs. The dining-room chairs were very hand- some covered with scarlet morocco. I was present when Mr. Hodge bought the drawing-room chairs from Dr. Crawford. I think $6 or $8 was the price bargained for. I don't remember how many there were. J packed the book-case. I should say there were six shelves in it. They were very deep; there were two rows of books on each shelf, one before the other. I cannot speak as to their value. Some of them very handsomely bound. There was another box in which there were some books, but I cannot say what kind they were. I saw the books at the top when the box was opened. I think they were professional books. I saw the collection of shells ; they seemed to me to be very handsome. I am not a linen draper, but the sheets seem- ed to me very good ; they were all linen. 1 cannot say how many there were. There were, when T saw them, six or eight upon the lines drying. I only examined one. Mr. Hodge was then in lodg- ings. These things were Avashed just before his marriage. Mr. Hodge's furniture was more substantial than Mr. Hannnond's. The chairs, and sofa, and piano w^ere very handsome. I think there were two tables in the dining-room. I speak of the house at Southampton. I think the tables he had in Southampton were sold. I packed up some "small little"' tables. The bed-room furniture was sold. I don't think any of the bedding was sold. None of the blankets or quilts were sold ; they were packed up and sent away. When we were packing up the goods I saw a good deal of plate about, I have often borrowed some of it myself whenever we have had anything extra over at our bachelor's hall. T have borrowed 12 large forks, 12 small forks, mustard pot, and pepper castor. I will not undertake to swear whetlier they were silver or not ; I saw the sterling marks upon them. They didn't leave any bad taste in my mouth. There was no crest upon them at the time, so far as I recollect. I cannot tell what is the standard mark of silver. James Craig examined by J. McGpath.— I am Station Master of the Grand Trunk llailway at Port Credit. On the 12th July we received goods for plaintiff", weighing 3,712 lbs. ; on the 14th, 1,900 I 13 lbs. ; on the 15th, 310 lbs. ; on the 23rcl, some more, making a total of 6,212 lbs. Cross-examined by M. C. CameiioN. — I don't know what was in the cases. I can only speak of the weight. They were described in the vouchers as containing packages of household furniture. Styles Stevens examined by J. H. Cameron. — I am a Kotel-kecper at Port Credit. I recollect that on the 15th or IGth October, Mr. llodge came to my house. It was the evening of the night in which the house was burned. He was a fcAV minutes too late to take tlie cars when he arrived. He remained at my house all night. He intended to take the first train in the morning, but he accepted a seat in Mr. Cotton's buggy. I saw him about five o'clock in the morning. He had put his horse in the stable over night. The key of the stable was given to Mr. Cotton, so that when he got up in the morning early he might get his horse. Cross-exdmtnedhj M. C. CAMERON. — My place is between three and four miles from Springfield. Mr. Hodge went to bed about ten o'clock at night. I think I went to bed before eleven. I think I was the last up in the house. Mr. Hodge arranged to go to town early in the morning with Mr. Cotton. I cannot say what time the first train passes. Mr. llodge and Cotton were in the sitting-room to- gether — not in the bar-room — before they Avent to bed. When I first saw plaintiff" in the morning, I had heard of the fire. They were nearly ready to start when some person came in and mentioned that there liad been a fire, and he understood it was the parson's house that had been burned. Mr. Hodge went back, instead of driving to Toronto. I followed him " right up," as I had a house close by his. I drove up in my buggy. I did not go the same way as the plain- tiff. I had no conversation with him in reference to the fire. He did not mention anything about being insured The train had passed but a few minutes the night before, v/hen Mr. Hodge drove up. ^ I ehould think it would be about 8 o'clock in the evening. I live twelve or fourteen rods from the station, looking towards the lake. Thomas Cotton examined by John H. Cameron.— I am col- lector at Port Credit. What I know is confirmatory of the evidence of the last witness. I got up in the morning first, and saw some persons who said they had been travelling through Springfield, that they were very tired, and that if they could get a glass of whiskey, they would fcicl thankful, xhcy said there had been a fire at the minister's. I called Mr. Hodge down stairs. He heard what the men had to say. He declined going to town with me. He went I think, to where his house had been, in his own buggy. Cross-exumincd by M. C, Cajieron. — I kept the key of the stable in my own pocket, because I was afraid the landlord would not be up time enough. I slept in the ruum next to Mr. llodge. 5 I u Robert Cox examined by John H. Cameron. — I live at Spring, field, and know Mr. Hodge. I know he was in the habit of going away from Springfield and leaving his house shut up. On one occa- sion I l"id the charge of some small silver. It was enclosed in a small leather bag. It appeared to me very weighty. I did not get it direct from Mr. Hodge; the Rev. Mr. Dcnrocbe had it first, and when he was going to Toronto he asked me to take care of it until plaintiff returned. It appeared to me to be 801bs. or lOOlbs. in weight. I Avas frequently in Mr. Hodge's house. I have heard the testimony of other witnesses, and it appeared to me to be correct. One of the witnesses said the sofa was worth £4 or £5, I should say it was worth five times that amount. It was an excellent sofa. I generally concur with the different valuations passed on othei' articles by previous witnesses. Oross-cxivnincd hy E. Crombie. — I received the silver at tny own door. It was brought by the Rev. Mr. Donroche. He carried it, and said when he gave it to me, that though the distance was short, it had fatigued him. The bag was full. I conclude it was small silver, because is was not bulged out on the sides. Had there been large silver in the bag, such as the cake basket, the sides of the bag would not have been so smooth as they were. I am not a very com- petent judge of the value of silver, but it struck me when I saw the memorandum (the claim) thnt the amount of silver insured for, waa very small. The value of old silver is about 5s. an ounce. Tlie bag I should think, weighed eighty or a hundred pounds. This silver was left with me shortly after Mr. Hodge came to the parish : two years ago I should imagine. I consider the sofa was worth £20. (Counsel remarked that it was only charged £(.).) I knew gentle- men, better judges than I am, say that the chairs were worth $8. I myself cannot speak as to the value of chairs, I know more about tables and sofas. Sarah Jane Graham examined by John H. Cameron. — I lived as servant with Mr. Hodge, from the 9tli August, 1858, until February, 1859. I was his only servant except a small boy. I re- collect there were in the house four or six trunks. They were all kept locked. They were filled with clothing, folded linens, and things of that kind. I have cleaned up the plate. It consisted of forka, small forks, tea spoons, dessert spoonr,, fish knife, butter knife. There was one large box that I helped Mr. Hodge to take books out of once. I recollect a clooct up stairs in Mrs. Hodge's room, in which were books. There were also furs and clothing in the closet. The house was well and comfortably furnished, as comfortably as any house in that part of the country, Cro98-examined by M. C, Cameron. — The silver was msed i t ■i 15 m in common except in the kitchen. What waa kept out for the use of the dining-room was in a drawer in the sideboard. That which waa not used,°except for company, was kept up stairs in a carpet bag. I think there were four salvers kept on the sideboard. They looked like silver, and were given out in my care as silver. Th.c cak<^! bas- ket was kept on the sideboard. I never took particular notice of any crest upon the silver. I have seen a mark upon the spoons and forks ; they had " signs" of a lion and queen's head on some. I cannot say what was on the others. The newer silver had another mark on— that was the old mark. An eagle was upon the spoons and forkiJ. There were sometimes half a dozen out, and sometimes more. Cross-examination continued by E. CiiOMBiE. — I saw books in diflFcrcnt parts of the house. They were large books. In the bottom of the closet up stairs there were some. Mrs. Hodge carried them up stairs out of a box ; she was afraid they were spoiled and put them in the closet. There was a deal box full of them. The sheets used were all linen ; they were linen upon my bed, and linen in the spare room. I suppose I saw four diiferent sets of sheets, but I don't think I saw all Mrs. Hodge had. I call two a set. There were two sets to each bed, and one set was changed while the other was washed. I cannot say how many forks I saw, but when there was a company of 25 or 30, there was always silver enough in the house to accommodate them. There never was any borrowed ; I know that there was nothing of the sort borrowed, becnuso I was the only one there to fetch and carry things. There was sometimes something bor- jowcd— perhaps a package of corn starch or so. There was plenty of glass in the house. I would be surprised to hear that Mr. Hodge had only six tumblers in the house ; they must have been bioken af- ter I left. It was all cut glass except two wine glasses. I cannot say how many wine glasses there were altogether. I had the china in my care. There was more with white edges on it, that came after I left. The dinner set was all white china. They had no other kind of delf except what was used in the kitchen ; that was common white with blue edge. (A piece of blue platter being shewn by Counsel, witness said :)-— I saw some plates like that, but only once. The children's bedsteads were common ; I cannot say what kind of wood they were. I think there was a hair mattrass on the children's bed. There were two beds in the nursery for children. I left Mr. Hodge last February. I am living in Trafalgar. I don't know the man who called upon me in reference to this matter. Mr. Hodge was speaking to me as to how I should get to town ; that was all. I was in Mr. Parke's house. Mr. Hodge waa preaching in Sydenham, and he wnt for we to come down on Sunday evening. He asked me if I reooUected this and that thing; he asked me did I recollect the !■ 10 things in tho liousc, the silver, clothing, and did I see such and such things ? lie asked mo did J see Mrs. Hodge's clothes ; he did not enumerate ti\eiu to me ; he asked me if I recollected doing linen sheets up; he asked me if I saw much of Mrs. Hedge's clothes. I said I had seen a good deal. He did not ask me the number I had seen. No other person has been speaking to me on this matter. Mary Ryan came to tho house and stayed about an hour after I went. When I left Mrs. Hodge was at home. The extra silver that was used for tea when strangers were there, was a sugar basin and sugar tongs. This piece of a sugar tongs handed me is, I think, a piece of those which were used. I think there were two sugar tongs, but I cannot recollect for certain. There were I think two silver pots, acoftee-pot and a tea- pot ; there were two cream ewers. I think there was a second tea-pot. These tea-pots and things were put away in the sideboard. I did not see them every day. There was a part in the sideboard only opened occasionally. The tea-pots were not alike in piit'u rn ; one of them was larger than the other, and much handsomer, i am not confident that there were two sugar basins. Mary Wilkinson examined by John H. Cameron. — T lived as a servant with Mr. Hodge; I went on the 7th March, and Icl't on the 7th August. In the drawing room where I lived there was a piano, a book-case, a secretahr, and from six to eight chairs, one sofa, a what-not, a side-table, a glass case raised on a deal box, and over the deal box was thrown a large cover, which ought to have belonged to a centre table, but there was not one in the room. In the case there were some very luindsomely bound books. There was a piano-stool ; backgammon box, a box of chess-men, a paint box, a Brussels carpet on the floor, and a cover on the piano. Thechairs were covered with blue damask. It was altogether a handsomely furnished room. In the dining room there were six or ciglit morocco covered chairs ; they were good for a dining-room. Jn the hall there Avas an oil-cloth, and a stove, and a dumb-stove above on the landing ; there were some coats hanging up in the hall. There was a cooking stove in the kitchen, and about four chairs. The bed-rooms were comfortably furnished ; there were four bed-rooms. There was a chest of packed linen, but whether it was all of one kind, or what it contained, I don't know. There wis a little cupboard in the wall of Mr. Hodge's room, which contained his shirts, fur gauntlets, fur coat, and boots and shoes. The fur coat was very valuable, brought from some foreign coun- try ; I never saw anything like it before. Mrs. Hodge had a good stock of under clothing ; she had everything comfortable. W^en the Lord Bishop of Toronto was down, she had on a fawn-colou silk. I have seen her wear black silk, a morning Cobourg, and many changes. She had altogether everything a lady ought to have. I saw ia the house a buffalo robe and a bear skio. 4 ] 17 Cross-rxaminfd by iM. C. CamkroN. — While 1 was in service ■with Mr. llodge I did not .«ee iii;iny bed sheets in use. Home were twilled cottoii, and sonic were fueU)vy cotton. When ;iny per.son came to stop, line linen sheets were put in the spare room. In the other beds cotton sheets were used. 1 saw the table-eloths ; there was one lar:j;(! ht (uit on these occasions, I saw no silver mustard ]iot; I think 1 saw upon one occasion ji l)ou<(Uet huldcr. soniethinn' like that handed nie. I saw two .vilver candlesticks with ulass shades; 1 saw another candlestick with brandies — that was pkited. The silver eandlesticks were bed room (iandli'stieks. These jticces Jianded ine holonucd to the hed-rooui and ]>ranch <'anle tinu>, because I sewed it on several oceusiouH. I should say there mi<;ht have been a hundred books in the case. The dinner si't was all jaire white; it was a fiood kind of crockery. The breakfast cups aiul tea cups were eliina. There were to the dinner set five larue dishes, three covered dishes, one soup tureen. The plattis that were used for dinner, were used for breakfast, and the plates that were used for tea were used for dessert. Thtit's the way it was manaLred. I cannot say ]u)w many plates there were. When i went t(» the cupboard to fetch some out, I used to see a pile tlicro. I should not think there were a liurulred pieces iu the whole set. There were some pink dessert plates forn^ ing the .set. (A pieco of platter V,-aa handed to witness.) TJiis platter i» a piece of one of them. There was a handsome ten Bet, pink uud gold. I do not recollect the number of pieces in tt. There were some decanters uud about a half dozen tumb- lers. Only lial.'a dozen. I do not recollect seeing more than three win« glasses, in the kitchen there were four cluiiri* and a tabic. Tho table was deal. It had not been quite finished. Togo back to the beds; there was one mattress of hair on Mns. Hodge's bed; tho under mattress wa.s n sort of cotton wadding. In my room there was a plain straw bed; no mattress at all under it. 1 do not think there was a mattress under the bed in tlie spare room. Tiiere were two chests a!.d two trunks to pack things in. In these chests Mrs. Hodge kept her lis en or cotton, or whatever it was. I cannot bo iure she took the . n things out of the same place as the linen ; though I thought s -"e. There was a chest of drawers in Mrs. Hodge's room. Mrs. edge's own personal clothes were kept there. There were two looking-glasses, one hanging on the wall, and one on a stand. The stand was made of mahogany; it had two small r I i I / ilnuverH in it. It o:imo fn.tii MrM. Spn\,tr«2;o's. There ^vorc two paper luuche ti-iiyM. 1 sliduld tliiiik they wore new, they were vory^ood. T!n!y were used for ewry-day i»ur[»().ses. One wa.s about 18 inches lonj;, and tlic other 15 inehes or less. J(MIN IIiiJA'.vuK (JAMKiioN, s:iM -Mv learned friends i^nos. tions and your answers come so jtat, I think you must have met bd'ore. llave yon not? WiTNKss— I liave seen Mr. Sttswart before. Twice. Only twice. I have seen these things before since tlie lire. 1 saw ri luut of tlie candl('>tiek ; I said lliat it was a jiart of the candlestick. Mr. tjtewart found nie out by eni|uirin,u' of Mr. I lodge. He saw nie lirst at Mrs. (Jrickniore's, aiul showed nie the list of articles. Many of them 1 did not recollect, i wrote my testiuKMiy down. 1 wrote it down for niysi'lf ami have kept it. 1 did not see .Mr. .^tewart ^yritc down what' 1 told him. The reason Mr. Cameron -iot such direct answers from niu was, I expect, on account of the ])erfecl truth I told. I also saw Mr. Stewart at Mr. Madison's, i-'ome man made himself rat 'cr olficious, and wanted to take me te the Court House in a cab, bat I would not j:;o. They asked me how nuuiy boxes I iiad taken iiway. They seemed to think I wa.s the last scrviint at JMrs. llodj^e's. I think they thouirht to fasten the lire on me. Ji(:-(\r'•/(//( is addi- inios, to iviiunal/' u 111" red of : amount ndforfi/ (salvage count of luio, and of four d by mo atcd ia srty, the 3hantj:oycd by • this morning, fire l" H t ' h:^'l * t , with every thinp: in it. I was absent, havim; left home yesterday rmirrvil^ for the pur- pose of bringing home my family, who have been absent lor the lust fortnight. I am, Sir, Your obt. servt., T. P. IIODGE. • DiiTercut Ink. Province of Canada, United Counties of York and Feel TO WIT : The Rev. Thomas Peter IIod(5e, Clk. of the Township of Toronto, County of Peel aforesaid, makes oath and saith : — That on the evening of Monday, the fifteenth day of August, 1859, he left Springfield at about the hour of eight o'clock. -it-fiAA^^^ oo p. _M., for the purpose of goinp; to Port Credit to take the night train to Toronto; that he was late for tlie train, and slept at Port Credit that night. On the next morning, as he was preparing to go to Toronto, a party whom he does not know told him that he heard, on passing the Toll Gate, that the Clergyman's house at Springfield was burnt ; that the deponent Immediately left for Springfield, and on the w;iy, mcta man who was sent by Mr. James MeGrath, to intercept him as it was known he was to go to Paris to bring home his family, who were then on a visit. On' arrival at Springfield, the deponent found the house he resided in, being owned by the Church of St Peter as a parsomige, totally burnt, \ind all the deponent's property lost, with tiie exception of a sofa, two chairs, and jiart of two stoves ; that the deponent left said house at al)out eight o'clock the evening before, fis stated before, perfectly safe ; that he had a sperm candle lit for about ten niinutes to put up a cliange of clothes that he then blew out the cnndle and left it on the Hall stove, got into his buggy and drove down to Port Credit, ajul locked tlie dwr. That no person was in the house, as his servant hud left him a few days liefore. The deponent further says that he is insured in the State In- surance Company of London, for the sum of One Thousand l^)unds on the Furniture, Clothing, c^c., kc.,Sic., as stated in his application. That all his valuable papers, and he believes his Policy of Insurance on the said furniture, kc, and albo on his Life, are burnt. That the deponent x'urther sai^h ;- -That he does not know how the said house was burnt, or when it commenced, but is informed it was first seen about half-past one o'clock on the mornin'- ot the 10th inst. ^ (Signed,) Sworn before mo at "Toronto ^ Township, in said County of [ Peel, this 18th day of Aug. T. P. IIODGE. 185*). (Signed,) JAMES McGHATlI. J. P. CLALM UNDER POLICY No. 12880, IX TIIE STATE EIRE ASSURANCE COMPANY. I, Thomas P. Ilorx.-E, Clerk, now residing at Sprin<:field, Township of Toronto, County of Pe,>l, do hereby declare and set forth, that on or about two oV- lock on Tuesday, the Sixteenth day of August, 1859, a Fire broke out ;.t my residence, occasioned, to the best ';f my belief, by— I cannot say. And I further declare, that at the said Fire, the undermentioned '^ ■"-!;;> 23 Articles, being my property, and insured under Policy No. 12330, were destroyed and damaj^ed, according to the values annexed ; Wherefor I claim the Sum of !t-:4000, the amount thereof. As witness my hand, this 23rd day of August, 1859. (Signed,) Signature of Claimant. T. P. HODGE. N.B.— All poisons iiiMind l)y tlils Company, sns-taininij any Ioj-s or iLiinuge by Firo, are for tli with to give n'otico to the Chief Agent in Canada, and as soon as possible after to deliver in a^ particular an iiccouut of llieir loss or d image as ihc nature of the case will admit of, and mak(i proof of liie same by their books of accounts, or other projicr voucIk rs. and }iiv(! such f rther ex])lana- tions thereon as shall be reasonably nquired ; thx with painl>. clc. couipl te 20 One mahogany case Malliematleal Intrnments 20 One Ciiesl Dr.iwers, liird's eye m iple 24 One small Maliogany W.irdrolie 20 Three Hi dstiails, wi'tli In ddir.u' eompl- 1" 120 (F.'dstead^ ])roved to have co4 c;^ One extra Feather ISed Two ciiildren's Fivd-teads and J> 'Id ng .lU'd.-leads proved to liave co-i tMJ.) One Walnut. d.aiMe Wa h^'and, wiih I'lnniMU'e. . . . Two Wa-hstands, paintid. with fiirnituie complete (Washst:ina'hl King, camcleun 1 Gold Circlet for the head with pea •b 40 300 100 32 20 40 20 13 40 4 16 26 12 8 8 12 6 4 40 1 Gold Antique Eaaini.'llcd Watch Chain and oruaments 100 2 (Jold Chaiii.s. one iV isaic 1 Gold Pin, with small chain , 2 Gold Lockets 1 Gold Pcncilcase 1 '• ♦• [ 1 Coral Nogliae 1 Silver Bouquet Holder (Foniwi, ])roved to have been worth $3.) ^ f 1 Pearl Tablet 5 I 1 Ivory Fan , ^ ■{ 1 pair Silver knt^e Buckles, antique ^ I 1 pair Gold knee Buckles J5 I 1 I'earl and Turquoii^e Ring 1 black Satin Dn ss 1 primrose Satin Dress 1 white Satin Dicss 1 pink Sa'in l)re-s 1 blue and brown Satin Dress I flowered lirocade I Lawn Silk Dress 1 purple Silk Dress 1 FiH iich Merino Urrs-* I Cashmere Dress I I'alermo Crape Dri!ss , IChaleDress 1 Muslin Delaine Dress 2 Morning Robes, trimed wilh quiltid filk. 3 Calico Dri ases 40 10 10 6 8 40 12 4 8 16 40 12 35 28 2T 2S 24 30 2& 20 19 IS 24 12 8 14 8 ■ 26 2 Gauze Drepsct ^ K) Velvet Cloak *.".*.". !.!!!!!!! 1 !!!!*.!. ! 34 Velvet Jacket "' ig 2 Cloth Winter Cloaks .*.*.*.*.'.'.*. *. *. ! * *. '. '. '. '. '. '. '. '. ', '. '. '. 20 Mink Muff Vidorine and Cuffs ..'.'..'. .'...'..'.'.'......].[. 34 Velvet Bonnet .*.*.!.*.*!.*.*,*]!!!!!!. 9 White Velvet Bonnet, with plnines • • • • • ^^ 2 Black and I White Lace Veils '..'.. .'.'.''.'.'.''.'.'.'.'.'.'.'. 28 Satin Scarf, Lace.'*, Ac 24 Cloth Jacket !..'!!!!!.'.".",*.'.".'!".!!.'.','! 6 Undei'-Ciothes !*..!'.'.!.'.'.!'.'.!!!.'.*.'.! 86 3 SuitH Broad-cloth, $32 each '..*.'.!*.*.'.."...*.!'.*.!!!!!!,*.'!!."! 96 J Dress Coat 20 ITopCoat 20 I Topcoat.. [^ l(j 24 India Cotton Shirts, with Uneii, &c. .'...,. 48 8 Red Flannel Shirts .".'.".'...".'.".*.*.*.".'.'.'.'.'." 24 3 Lamb's Wool Waistcoat-*, winter h'uh' '.'.!'.!*.!..!!!!!.*..! 9 3 Lamb's Wool Draw ers, winter use *.*..'," 9 5 Light Flannel Waistcoats !.!.*."!.!.'!.'.*..'.'.*.".*',".'!.'.'.'!* 6 12 Merino Drawers * *'.*. !!!!!'.!!.'"'* 18 6 pair Woollm Socks ..'.*.*...*.","........'.'..*...'. tl 12 pair Cotton Socks *. . . '.'.'.'., ...'.', ''',\ " 3 1 pair Dress Boots, French '......'.'..'...'....'..,. g 2 pair Moccasins * a 1 Fnr Cai> "..' J 1^«» 6 1 pair Fur Gauntlets 2 Cloth Winter Cloak* *,, Flanuels, &c V.'.V.V.V.V.V.V.V.* '. 27 Winter Dresses ... .a f'"- :::::::::;::::::::::•;:;:::: 'I Winter Bonnets [ Summer Dresses !.]]!!! a 1 dozen pair One Linen Sheets, without s> am, 3 yards t^nuare, at SIS ncr pair ' *^ 216 1 dozen pair Danish Linen (crass) Sheets, at $8 p. r pair 95 1 dozen Linen Pillow Cases jg 1 dozen Damask Table Cloths, $8 .*.!.'. og 1 dozen Daraa k Tabl-^ Cloths, $4 48 2 very large extra (luality Damask Tabh; Cloths' .'.'.','. V.'.'. ...........[ 40 10 cSSI'!' "''"''"' '"'"''' "^^^ * ''*'"^'*' Vuuuily „f J!c,i and Tal)l>. I,ii„-D, whicl. I am' unul,l« I Sleigh Kobe,. j^q CATALOGUE OF BOOKS. Holy Bible ^ ^ j^q The Christian Year (in duplicate). ''*. "**' 19 00 00 Longfellow's Poi-ras Moore's Melodies (in duplicate) 12 oo 8 11 00 00 Rogers's Poems ^ '" \ g qq Co wper's do *..'..'.'.'.'!!.'*.*,'!!.'.' 6 00 Biblia Sacra (the Vulgate^ in antique binding. ..'.'.!'.'..'!*.!*.'..' I'.l i * 10 00 Shakspeare , , ........... ^^ American Landscape !.!!!!!'.*. 1 !!.'!!!'* * 4 oO W cod's Natural History 2 60 87 10 34 12 20 34 9 22 28 24 6 86 96 20 20 U 48 24 9 9 6 18 M 3 8 8 6 C 8 $12 27 18 8 6 8 216 96 18 4B 40 8 00 LI 00 8 00 8 00 ' 00 50 Handbook of Proverbs. Goldsmith's Sraollet, &o Coleridge's Poems " Dramatic Works Pope's Poetical Wovksi Dryden'a do •**• Dante's do Works of Geo. Herbert t'penper'a Fa(;rie Qiieene Dr. Donner's Poetical Works Campbell's do Bui ler's Iliidibras Prescol t's Essays Imitatio Chiisti Calmei's Bib. Dictionary Chaucer's Canterbury Tales , Milron'b Poetical Works Cathedral Mapingbeard's History ot th'J Reformation. Genius of Burns Burns' Complete Works Hervty's Medilations , Boccaccio's Decameron, (4 vols.) Scott's Lady of the Lake and other Poems. Bryant's Poems Hi^torieal Parallels, (3 vols.) Life of ( I resbam Vetus Testanientum Gncce Hoiic Paulinffi .^sch> lus Catuili Opera Euripidis Tragccdia*.. Pearson on Creed Brien's Sermons . . Pjiget's do Jeremy Taylor's Holy Living and Dying. , . Lamb's Poem?<, Essays, Life and Letters.. . , Beveridge's Works Self ctions from Feneloii , Hall's Scripture History Blunt on Pentateuch Visitatio Inlirinoruin , Alison's History of Europe. (4 vols.) History of Reign of George III, (3 vols.)., Franci's Horace, (4 vols.) , Eastburn's Lectures Ridley's Sermons , Carrington's Dartmoor , Bishop Copleston's Remains , Maut's Primitive Christianity , Southcy's Common Place Book Jeremiah Taylor's Sermons Tyng's Law and Gospel Tracts for the Times, (2 vols.) Parke's Apostolice 7 SO 2 50 3 UO 3 00 3 00 3 00 3 00 3 00 4 00 2 50 2 50 2 50 2 50 3 00 2 00 3 00 3 00 2 50 1 £0 1 20 10 00 2 00 5 00 I 75 2 25 3 05 1 00 2 00 1 00 5 00 5 00 5 00 3 25 75 1 00 3 00 5 00 4 75 75 1 00 90 5 00 10 00 « 50 8 00 75 1 00 1 00 1 50 1 50 1 60 2 00 2 00 ii 8 00 6 00 I* 28 SAtt»Et!i Opora 3 Oft Travtll's L'-cruren. , . , ,...,...., 1 00 CtirtliiKTH* W'orkH ., 13 CO Goldsmith's Ilistoty of Homo 2 00 Do. do. Greece and Eugluiid 6 00 P»h*) '« E vidcncoH , 4 00 l)(>. Natural Theology , 2 00 G» vo"h Greek l,f xicon ....,...,. 4 00 Rose'-i St-nnoiiH 2 60 SuftoiiN D;sct; Mori t 60 Do. do Vivcro I 50 Biii^hfuii's Aiitiqnitios, (10 voIh.) 2-i 00 Uoiliii'a Aru'ieiii, Hi.slory. (8 vols. ■■ iO 00 Arelid-'iicoii Miniiiing'.-i S rinoiis, (2 vols.) ., 6 00 Do. do. ' Unity of the Chiiicb 2 50 HaHii''Ook of Paiiitin<;f, 2 vols.) 7 00 Do. for I)(!niiKirk 3 50 Do. Italy 3 50 Gniy'H Anatomy. (;Ui3 cuts) , 7 00 Frond's Uistoiy of Eiijifland ,. 13 00 Iler-cliclV Astrorniuiy 4 50 Co'iielii Tacit,! Opom 7 00 Prop'i ti^is 2 50 .Sand lord oi, the Gn-at llcbcllion 4 00 Carlyli-'s ll'story of Fr d.'rii^k the Great, ,, 2 vol.^.) 10 00 Short's History of the Chiireh of England 2 50 Lee's Iiispirauoii of Holy Scriptures 3 50 Ilistnry ot Duke of Wellington. Gl-i^'s Tr inslormation of IJrialmont. 8 00 Greek Testament, with Notes, liy Chris. Wadsworth, 8 00 Srmons by Coatriiiutois of Tracts for the Times, . 11 vols.) 17 75 Praeticil Sermons by various Coulrlbutors 2 vols.) 4 00 ViruMJii Op. ra, 3 vols.) 6 00 llomeri Opera 6 00 Livy— Elyron Edit 3 GO Trior's Poems, (2 vols.) 2 00 Mensa Mystica and Aqna Genetalis S. I'atrlck. ) 3 00 Hobber Levi.tihaa (Latin) 2 00 Autoliio.uraphv of Sir W. Scott I 00 Essays o,i the Clinreh 2 00 Newman's Essny on Development 2 00 WoUf 's Journal .' 2 00 Cinirch Set vice Hohart'n State of Dt'parU-d 50 Arcbibnld'tt Law of Comiuitmt'iilB, &e 1 ^^ Novum ToBlamf'ntiira I 00 The Cliristlm Scholar , 'i 00 The Baptistry 3 00 Thoughts in Past Years 3 00 Sayings of the Gr-irtt 40 Di Hatlierell's Scrinous I 00 What is Christianity?.., M Clark's Walk about Z on 80 Tuppcr'H Proverbial Philosophy fi ^^ Newland's Confirmation and I'^irstCom 1 ^^ Bishop Attorburg's Sirinons 2 00 Merivaltj's lli.story of the Komans under the Empire (6 vols 22 50 8ir J. Mackintosh's History of England. [2 vols ] 6 50 Bishop Thirlwall's History of Greece, [8 vols.) Library Edition 15 00 Dr. South's Sermons 10 Oi» Neander's Ecclea. History, [Uose) , *» 00 Speculum p]piscopi 2 20 The Holy Oblation , 6 ^^ Lyra Innncentium 6 50 BoswelTs Life of Johnsoo. 6 ^^ Mrs. Hemans' Poems '^ 00 Fielding's Works 6 00 Lalla Rookh 5 00 Bennett's Lives of the Fathers. 1 ^0 Do. do. do. gt'cond vol 1 ^0 Do. Letters to my Children, [2 vols.] 3 00 Do. The Eucharist, its History, Doctriue, &c 3 00 Puckle's Club, &o., [a rare book) 10 50 Bee's Cyilopccdia. [29 vols,] HO 00 Maut'B Family Bible and Book of Common Praytr 40 00 Waiter's Sermona. [2 vols.) 6 00 Melville do. do 7 00 Doane do < 50 Hobart's do ♦ 50 Molesworth's Domestic Chaplain 5 00 Parry's Sermons 2 50 Vau'Mildort's Historical view of Rise and Progress o*" lufidelily 6 00 Kenneth's Parchochial Antiquities, [2 vols.) 8 50 Clinton's Fasii Hellenici <> 50 Schillers Latin L(!xicon— Fol. Calf 10 50 Sculptures of Wells Cathedral, &c 6 00 Turner's Domestic Architecture of Middle AgeB 5 60 John Johnson's Worku, [2 vols.] ' 6 00 Bradley's Miscellaneous Woi ks and CorreBpoadence *< 00 Burnett on XXAlX Articles ♦ 00 pilgrim's Progress 2 00 Works of Sterne, (10 vols.) 8 00 Ifoelieim's Ecckstaslicttl Uii(or>, [2 Tolf.] S 00 :| 30 Cromble'M G]rmnii»!uai \ 50 Brown's Dicf ion»iry !..*.!! 1 !'.. 1 !!', i !".'.".! 1 '. '. 2 00 Clergyman's Vade Mecutn !!.!!!!!!!!!!.*!!!!!.'!!.' 4 00 Lady UniRell's Letters ......'.''.*.*.*.'!.*.*,*!'*'.**.*.*,'.' I 00 Geesar's Commcataries , . , , ! i .'.'.*!.*.'].'..','.*,',*.*,'. . I 00 Home's Introdiictioji, Ac, [5 vols.] *.*7.*. '.**.' ".'.*'.'* ..'. 18 00 Keith on the Globea. .,.,,.., * '* \ 50 Wesley's Works. [7 vols."} *'.*.'.'.'.!'.'.*.*."'.'.'.*'.!'".".* J4 00 Burnett's H istory of Herormatiou, [2 vols.) I . ...../..,,.'. . 3 00 Hocheliiga by \Viirl)iirton .' ' .' i qq Evidence of Ciiristian lieligiou, Ac. ....'.'.',**.*,*.'.'.'.,*. I 60 Hoadly on Conformity ....'...[. 2 00 Gooch's M'dwiferjr : '..'.'.'.'.!!,*! 1 60 Byron's Worka .!'.!!'.!...*.!.!!*!!!! 8 00 Parkhurst/a Greek and English Lexicon *.!!!*.'.!!!!!'.!!!.!!!! 8 00 Schrivili Lexicoa ,,, , 4 OO Donnegan's do !!!..'!!!!..*.*!],'.'.' 16 00 Sehlensnor's do. !!..!!!!!!!!!!!!*.! 8 00 Biblia Ilcbraica [2 vols] .*. .. !!**.*!.'!J!..'.'!....* 16 00 Hebrew New Testament ,...'.!.!!.!*. 1 '.! ! 4 00 Patrick's Discourses !.',!!!!!!!!!! I 50 Tomline's Introduction, &c !!..'!!.*.'.'.*.*!'!.*!.*! 1 60 Whaleby 'h Logic '.'.'.'.' 2 00 Svmson's History of Church F» B !..!..!!!!!!!*.!!'.!!!'.'.!*.'. 3 00 Pearson on Creed, Fol .'..!!.!!!!! 5 20 Hiatory of Church in Scotland, [2 vols.] '.!!!!!.'!!!!!!.*!!!! 3 00 Johnson's Dictionary.....,,, 6 00 Burke's Peerage* !!.!!!!!! ^ 1 !! ! • 00 Do. History of Landed Gentry !.!!.'!!.'!.*.'.'.* II 40 Dr. Lyman Patrick's Works 18 50 Brown's Exposition of XXXIX Article:* *..*..'/,.*.' 4 00 Atkinson's Travels in Oriental and Western Siberia, Chinese Tartar/, &c.. with Maps ...; ..., 10 50 Barrow's Theological Works , 24 oO S. Cyrilli Alexandria Archiepiscopi Commentarii in Lcnaa; EvangeUum 5 50 Dr. Copeiand's Medical Dictionary, [3 vols.] 27 50 Stanhope's Paraphrase, [2 vols ] 4 50 Chillingworth's Woiks, ^3 vols.] & oO Spencer's Sermons , , . , 2 50 Lencko(k'< do , 100 Baconi No vum Organura 2 00 Anglia Rediviva 1 50 Cramer's Geographical and Historical Description of Asia Minor 2 75 Cramer's ^1ap do. on two sheets 3 75 Do. De?cripti(.n of Ancient Italj. with Map, [2 vols.] 8 00 Do. Map of Arcient and Modern Greece 3 75 Geological Survey of Canada [Logan] with m-'«ps, and maps accom- panying Cancho's report 8 00 Besides the foregoing, there were a large case of Books, which I will not attempt to enumerate. (Signed,) T. P. HODGE. Shells, Petrifactions and Fossil Remains — no Inventory— valued at.. $500 00 ( 50 00 00 00 00 00 50 00 50 00 60 6 00 6 00 4 00 00 50 60 00 00 20 00 00 00 00 50 00 60 00 00 50 75 75 81 SCHEDULE OP PROPERTY PER LIST. No. 1. Hoiiseh'-ld Furniture. Piano, &c fl7!5 50 •• 2. I'latft and ri.itcd-warc 1108 00 •♦ 3. I?<'d and Tal)l<; Liiici). ..>.... 514 OO " 4. Wcarinijr Appan;! and Sleigh Robe ^^t; 50 " 5. JowoUrry •'>'>'l 00 «« G. Jewellery '.'.'.'..'.'. HO "0 M 7. Wearing Apparel . Portm:inteau, Trnr;lis, Carpet Bags. 1 Russia Leather Travelling Des-k. * • SAVED. Part of Cooking Stove. Ptirlour Stove. T^vo F)ra\vinjj;-roijtn < hair?, dam.igcd, Une Sola, damaged. Tbrec or four pieces Silver am} Platc town on tlie ni^'ht of the fire. I think he said ho purposed goin;,' to Dr. Lett's, where Mrs. Hodfre was staying;. Witness was not cross-examined. Alexandeh 8tk\vaiit examined by M. C. Cameron. — I am I^IanafTcrof the State Fire Insurance Office for Canada. I saw Blr. Hodge several times on the subject of this fire. I had con- versations with him in reference to what is containc' in the list. The affidavit of the 1 8th August, was handed to me by plaintiff". That affidavit states that the policy was burned. I tcld him that it might create difficulty; and two or three days after he came back and pro- duced the policy. He said he had found it in a private .secretaire in his church, about a quarter of a mile from his house. 1 received this (the plate produced in Court) danuiged plate from Mr. McGrath. I wont to t!ic scjn3 of the fire on the afternoon of the day on which the fire took place. Tlicrc were four men at work in tiie ruins when I ar- rived. Some of the things now produced, were found while I was there. They were all put into a basket and taken home by McGrath. Mr. Hodge told me he left his house about eight o'clock. 1 under- fitood that the train left the Credit for Toronto, at ten minutes past nine. He said he left no person in the house, and had locked tho door. I was told that tho ashes had been thoroughly sifted ; but I caused another examination to be made. I took a great deal of trouble to make enquiries respecting Mr. Hodge. I went to Wal- kerton, Saugeen, Springfield, and sent to Montreal. The informa- , tion I gained in Springfield, caused me to mako further inquiries. 1 laid the matter before the Board of Directors, gentlemen who are not shareholders of the company, and are noo financially interested in its success. The Board consists of Messrs. John Crawford, W. Mc;Master, W. P. Howland, M.P.P., William Henderson, and Wil- liam Ross. They thought the case ought to be defended. Cross-examined by John H. Cameron. — 1 am not a shareholder in the Company. I am paid commission on the amovnt of business done here. Ellis examined by E. Crombie. — I reside in Spring- field. On the night of the fire 1 was at a house close to the Post Office. I gave the alarm. I was the first man at the fire. When I got there, the house was all in flames. I did not go to the doors to try if they were locked I ran and alarmed the neighbours. Before the fire took place, I sold Mr. Hodge three bedsteads and two wash- stands. The first bedstead was sold for $4 ; the second, $3^ ; and the third, $2^. The third bedstead I put up myself in a small bed- t. t r, (V I 33 room. They were all of a coiriTuon kind of maple. The washstands cost $1^ c .eh. 1 had a little trouble in getting my pay on the first lot ; for tiic last 1 did not ask until after the fire. 1 was once in the house for a few minutes, and saw the furniture in the parlour. It was of a very good cjuality. I saw a sofa got out of the house at the fire. I cannot su^ how mudi it was worth. I did not see it by day-li^'-t. The witness was not cross-examined. Henry Siiooi^ examined by M. C. Cameron. — I reside in Springfield. 1 was residing there at the time of the fire I was at the fire as soon as any other person. When I got there, the liouse was on fire on the inside, in the hull, and it had Linkcn partly through the roof. We broke in at the window. Lancaster handed out two chairs and a sofa. 1 took no particular notice of the sofa. I made an examination of the ruins some short time after the fire. The things now produced are as I found them. (Witness examined a number of the articles.) I ih not think they arc silver. 1 niade a diligent search. James Blair was engaged in the search with me. I had never been in Mr. Hodge's house before the fire. John Woodruff examined by M. C. Cameron. — I reside in Springfield. 1 recollect the night of the fire. They had got the few things that were got out, before I arrived. I did about a day's work in the house once. I fixed up a couple of cupboards and a press. I made Mrs. Hodge a couple of benches to lay a bed on for the child- ren. She said she did not like them, and that I had put too much work about them. This was in the evening. On the following morning I went up to the house again, Mrs. Hodge said she wanted some rough things made, but ,she couldn't exactly tell me what ; something like what wood was sawed on ; so 1 took a couple of pieces of scantlings and nailed some legs on them. This was to lay the children's beds on. I went for my pay once or twice. 1 did not see Mrs. Hodge. 1 told the servant to tell her I wanted pay for what I had done. Mrs. Hodge sent to ask what my bill was, and I told her $1 50 cts. She sent out six York shillings (75 cts.) and said she could get plenty of men in Toronto to work for 50 cts. a day. I got my pay at last. I worked in the barn, and was only in the house when 1 put up the cupboards. As well as I can recollect, there was a large cupboa'Vd in the dining-room. The witness was not cross-examined. James Q. Blair examined by M. C. Cameron. — I was i.t Hodge's place after the fire, and made an examination of the ruins. Mr. McGrath requested me to go there. I was around there all day looking among the ruins. I found nothing very valuable. I was there when the things now produced were got. I was afterwards 2=1^ *, i 34 employed by Mr. Stewart to search. I found nothing like wilver. I took a contract to dij; out the cellar, and in digging, found somo thinfrs there, which I now wee. The witness was not cross-oxaniinod. Philip Pierue examined by E. Crombie. — I was one of those who searched amonj^ the ruins. I found some of the pieces produced. I searched tiie cclli.»- over as well r.s it could be searched. 1 don't think there was anythinj^ found after I left it. I stayed by . while the otiicr parties were searching, and nothing parti^v.lar was found. The witness was not cross-examined. James Parker examined by E. Crombie. — 1 res" Ic in Springfield. [ know Mr. Hodge. 1 recollect the time when his family went away before the fire. I took IMrs. Ilodge to the railway station. She had with her, a box and a trunk. Tlic box was about 18 inches square. It was a rough deal box. I didn't knov what was in it. 1 put it into the buggy, and lifted it out. It was neither very heavy nor very light. 1 also lifted the trunk. It was " mid- dling heavy." It was a pretty good size. I was at Mr. Hodge's the night before the fire. 1 was not inside the house. 1 went there wit'^ a horse and buggy for Mr. Hodge. He was there alone. He left the house about eight o'clock. 1 did not drive along with him. I waited for him outside about ten or fifteen minutes. I did not see him bring out anything with him. I did not take any notice \7hether he had or had not, any light in the house. Cross-examined by J. H. Ca.merox. — I cannot say what the box had in it — migiit be champagne wine for all I know. I heard no silver rattle in it. Mrs. Honora Cutiibert examined by M. C. Cameron. — I re- side in ypringfield. 1 washed at Mr. Hodge's place three or four times; I have washed sheets and tublc-cloths, shirts aad night-gowns. I washed three or four pair of sheets at one time when Mr. Hodge was sick. To the best of my knowledge they were coiton sheets, but they were good. I cannot say if this was in February. I did not see anything remarkable about the table-cloths. Witness was not cross-examined. Jeremaii Merrick examined by M. C. Cameron. — I am a Dry Goods merchant in King-street. The value of linen sheets is from 6s. to 8s. up as high as 10s. per yard. (Plaintiff charged in claim at the rate of $18 a pair.) Such a table-cloth as this handed me, is worth 12s. or 15s. (Charged $16 and $20.) The highest I have ever bought was worth 25s. The better class of English cloths is never brought to this country. I do not know what the plaintiff means by Danish linen sheets. English sheeting can be got as low of 35 as 3s. or 48. per yard, and as high as you like to procure them. I do not think I ever saw anything higher than 10s per yard. That would ho two and a half or two and throe quarter yards wide. CroRS-rxambud by J. II. CAMJilWN. — 1 dou't kiiow the kind of linen used in the West Indices. John Laiulaw examined by E. Crombie. — I am a Dry Goods mcrehant of this city. Linen sheets of the very finest linen would be worth from 7s. (Jd. to IDs. per yard, if three yards wide. In Enghind you can buy linen from la. lOUl. to 2s. Gd. per yard. — It may bo got as high as 49. sterling money. I fancy the name " Danish" linen is a terin applied to British goods, just as we speak of " Delhi" shawls. The best linen sent out from l. Examination continued — I have no chairs in stock like it. I could sell a chair which I think better than that for %bh or $6. Of- fered to me second-hand, I would think it dear at $3 or $3^. A very good hair mattrass might be supplied for 2s. Gd. or 3s. per lb ; 40 tbs makes a good mattrass. Cotton niattrasses vary in price from $4^ to $7 or $8. I should say a good one weighing 40 lbs is worth $8. Starting with a bedstead worth $3, I could furnish a cotton mattrass, bolster and pillows for $16-^. H. B. Williams, the juryman before mentioned, sworn, and ex- amined by M. C. Cameron. — I am an upholsterer of this city. I say this is a well-made chair. When I made such chairs, they sold at $9 each. I have now chairs in my store that I do not think so well of as that, although they have hair seating, for which I want $8^. I ao not think the chair has had a spring seat. Ten years ago when I was working, that chair would have been worth $9. The price has not declined much since. I would not think of selling such chairs for less than $8, Witness was not cross-examined. James Patton examined by M. C. Cameron. — I am a crockery merchant. A complete set of earthenware washing crockery would cost from $2-^ to $3. What we call a double set would be worth £4, that is, if there was a foot bath, a slop jar, &c. It must bo borne in mind that the foot bath is by far the most expensive article. A din- ner set for 18 persons, of what is called white granite, would cost from $24 to $30. Witness was not cross-examined. Thomas Lee, examined by M. C. Cameron. — I am employed in the jewellery store of Messrs. Joseph ; I do not recollect seeing this burned watch before. My impression is that it is not gold. — (Witness tried this and the other articles submitted to him with acid.) It is not gold ; it is brass, gilt. It was worth $10, perhaps ; they are of the kind sold in New York by auction. (Counsel ob- served it was charged £1 in the claim. ) The bouquet holder handed i I m me is brass, worth 12s. 6d. (Charged £3.) This cake basket is plated — originally worth 25s. (Charged £5.) This salver is elec- tro-plate ; the price varies according to the amount of silver used on them, from $7 to S12 ; £8 would be a very heavy charge. This salver is silver, and is worth $4 an ounce. (Witr ^ss was pressed very much by counsel to re-examine it ; he did so, and still declared it silver. Mr. Cameron still pressed, and witness having scraped awhile with his penknife, at length declared it to be very heavily plated.) It is worth about £6, (charged £20.) The mustard-pot is electro-plate worth $5,50 or $6. (Charged $24.) This portion of a pair of sugar tongs is silver. This candlestick (part of the branch candlestick,) is plated copper. This melted mass of metal appears to me to be lead, though there may be silver in it. This piece of a coffin-plate is, I think, silver. Mr. Hodge deals with Mr. Joseph, but I do not think he ever purchased any spoons. Crocs-examined by J. H. Cameron. — The value of the salvers depends upon the amount of silver on them. The action of the fire has not melted the silver off the salvers. It would have melted the edges first, if melted at all. To a Juryman. — It would scarcely be possible even for a dis- honest tradesman to sell the salvers, with the exception of the one so heavily plated, for silver. In no respectable establishment would they be offered for silver. Robert Armstrong examined by E. Crombie. — I am. a bailiflf of the township of Toronto. I have been in Mr. Hodge's house once or twice in the capacity of bailiff, i did not form any estimate of the value of the furniture. Cross-examined by J. H. Cameron. — I was sent once by some one in Southampton. Mr. Hodge said he had paid the money. He paid it a second time under protest. It was afterwards proved that the money had been paid. Re-examined by Ernest Crombie. — I was in before that. 1 served plaintiff with an account. He said it was wrong, but he paid it. The amount was £4. Mary Wilkinson re-called by M. C. Cameron. — There was no foot-bath belonging to the washstand. There was a jug and basin, and tooth-brush stand. Rev. Dr. Lett re-called by J. H. Cameron. — I recollect the box Mrs. Hodge brought to Blenheim. It contained potatoes. (Laughter.) Mrs. Lett re-called. — The salvers, the cake basket, and those things, were presents to Mrs. Hodge at the time of her marriage. Cross-examined by M. C. Cameron. — 1 know as a fact they were presents. Two of the salvers belonged to Mrs. Hodge's mother. ^ 33 The other two were given to her by her brother, who is now in Quebec. I heard that Mr. Ilodge had a very beautiful jewel be- longing to his first wife. His present wife told me there was such a thing, but I never saw it. Hugh Scott re-called by M. C. Cameron. — When Mr. Hodge was explaining to me why he had such a large amount of valuable plate and jewellery, and such a valuable library, I asked if he had purchased anything since he came to Canada. He said he did not think he had added $40 to cither since he had been in this country, Mr. M C. Cameron then addressed the jury for the defence. — He said — The investigation into this case had occupied a considerable length of time, though not longer than its importance required. It was a matter of great importance to the llcv. Mr. Hodge, that he should come out of the fire unscathed, because the charge was one which, if proved, would injure the character of any man, much more of a c' Tgyman, It was also a matter of importance to the Company that they should be protected when fraud had been practised upon them. The contract of insurance was a peculiar one. It was so to speak all on one side, because the amount paid by insurance compa- nies, in case of loss, was very large indeed, compared with the small sum they received. Thus it was necessary, whenever a company was called upon to make a payment for loss by fire, that clear evi- dence should be brought forward that that loss had been sustained. He did not mean to say that Insurance Companies were at liberty io set up technical objections. The defendants in this action raised no technical plea whatever ; they said openly and plainly that there had b«. ^n fraud, that there had been false-swearinc:, that there had been misrepresentaiton in the estimate of loss filed. His learned friend, Mr. Cameron, might attack the Company; but he (Mr. M. C. Cameron) thought the Company entitled to credit for the course they had taken. When they found a man in a high place, occupying a high position, from whom they had expected nothing but straight- forward conduct, had done wrong. was their duty, both to them- selves and to the public, to expose that wrong. A man in an inferior position to the llev. Mr. Ilodge, might have been allowed to pass, if there had been any doubt in the matter. But it was absolutely necessary that the plaintiff should stand above the taint of suspicion ; and therefore he was allowed an opportunity of clearing himself.— He the (learned counsel) would begin by referring to an afiidavit fur- nished by the Rev. Mr. Ilodge, and there was a slight circumstance connected with it which might be of some importance. When the Rev. Mr. Hodge made his claim upon the Insurance Company, he came forward as a man holding the position of a clergyman in the Church of England — as one whose statements might pass unchalleng- 1 \ ( 1 ed. In his affidavit he represented that he had lost his policy ; and that he had a la:,-e amount of valuable property, over $7,000 worth, in his house when it was consumed. Now the circumstances at- tending the fire were not altogether free from suspicion. We found the plaintiff's family had been for some time absent. We found the Rev. Mr. Hodge was the last person upon the premises. We found him going to the Credit railway station for the alleged purpose of coming to Toronto ; starting from his house with plenty of tmic before^him to catch the train, and yet missing it by a few minutes. That ni^^ht between one and two o'clock in the morning, the pre- mises were destroyed. The llcv. Mr. Hodge's next step was to make an affidavit in which he swore thai he thought his policy was lost, but he produced it a few days after the agent had told him there would be trouble if it were not found. This affidavit was Bworn on the 18th. Subsequent to this plaintiff furnished a list to which he (the learned counsel) would call the attention of the jury. For the book-case and books £312 was claimed. It was represented by one of the witnesses as containing six shelves with a width of about five feet. In this, according to the statement of the reverend plaintiff, 350 \ lumes of books were placed— that was counting them where he gave the number of volumes in each work, but in many cases he did not mention whether the works were in more than one volume or not ; and then he gave very considerable value to them. Before entering, however, fully upon the consideration of this part ofthecase, he (the learned counsel) would take a glance at the household furniture. The jury was perhaps aware that in insurance cases where a loss took place, the insured was by no means entitled to a profit ; he could claim only the cost value of the articles he had lost. Now the reverend plaintiff declared that the piano cost £125. It had been proved by the lady who bought it that the cost was £106, so that there was a large overcharge upon the piano alone. The jury might say it was a matter of inadvertence if they pleased ; here was a piano stool put down at £3 ; it appeared to be a very old piece of furniture, upon which !ie had no data to reckon its value.— Was it a matter of inadvertence that it was charged £3? Thenhe (Mr. Cameron) said that clergymen ought to be careful in making such charges, and when they were not, an element of suspicion was introduced. " Eight drawing room chairs " was another item in the list. The evidence given clearly proved that their highest value when new would not exceed $9 ; but *hey were charged SI 2 each. Now he (Mr. Cameron) would ask the jury what their value was when bought second-hand ? He had subpoenaed Dr. Crawford, from whom they were bought, to prove that the price paid to him for them by the reverend plaintiff was $6 ; but unfortunately the wit- fi I ' I 40 ness had not attended. Did the plaintiff not know what he had given for those chairs ? Did he not know that they had been in use a considerable length of time ? Did he not know that he had charged for them half more than he gave for them ? Had not the Insurance Company established its accusations that there had been fraud and misrepresentation in the list furnished by the plaintiff to the Company? His learned friend (Mr. J. H. Cam- eron,) had been questioning the witnesses as to whether the amount for Avhich the furniture was insured, was unreasonable or not. That was not the point. It might only have been insured for $50, but if the value were misrepresented afterwards, the Company's case was still good. The witnesses had been asked, was $600 the value of the furniture ? If it were, that was very far from the amount that had been insured upon it. The amount charged was over $1700. That was the value the Rev. Mr. Hodge set upoii his liouseholdfurni- ture ; that was the proof he offered to the Insurance Comany that he coiild not be doing anything wrong. Now, what furniture had he? The drawing-room contained eight chairs, a book-case, and a secretaire. The book-case, it appeared, was erected upon a deal box. Nothing very fine in that, but the llcvercnd Mr. Hodge charged for that particular piece of furniture $48. Then we had in addition to that — a carpet. Mrs. Lett valued it at Gs. per yard. It was re- presented in the proof as being worth 7s. Od. The girl, Mary Wil- kinson, proved that it had been mended in several places, and yet 7s. 6d. was ihe value placed upon it. Was that a thing the Rev. Mr. Hodge had a right to be proud of? Fraud and misrepresenta- tion ought to be frowned down ; no matter how high the position of the man, he ought to be spurned from the society of respectable and honest men. That was always the case in England, and it was to Eng- lishmen they had to render an account. They said they were satified that in this case there had been fraud, and were they to be told, when they came before the jury with facts like this, that because the plain- tiff^ was a reverend gentleman, they were to be turned out of court? Let the jury consider other portions of the house. Let them look at the furniture in the bed-rooms, and then at the charges made in the list. They had heard proved most distinctly what nuniber of bedsteads there were. There were three, for which the Rev. Mr. Hodge charged $120 ; one of these beds the girl, Mary Wilkinson, had her- self slept upon, and surely she ought to be believed when she said it was of straw. Was that bed and the bedding connected with it worth $40 ? There was only one feather-bed in "the house, unless Mrs. Spragge's bed, which she had taken with her, remained there at the time of the fire — for he found an extra feather bed charged in the list. Did the jury believe Mary Wilkinson, who was placed in the box bj K 41 the plaintiff himself? Was her recollection of the facts not better; did she not tell her story more plainly and straightforwardly than the other girl who had left before this Mary Wilkinson went to the house ? The style in which the Rev. Mr. Hodge lived might be inferred from the manner in which he had the bedsteads made for the child- ren ; constructed of the roughest, the plainest description of boards, for which they objected to pay the man, who charged $1.50 for his labour, more than one-half that sum. The Rev. Mr. Hodge was re- presented as a man who had no motive to serve in having recourse to fraud to better his position. Nevertheless, it was proved it was pos- fiible for hiai to have a bailiff in his house for the purpose of execut- ing process against him. That he did pay a bailiff once before, was only proof that he had had a bailiff in his house once before. Now, what furniture was there, putting the piano, jewellery and plate, out of the question, to make up the amount charged.— Was it in those bedsteads, valued at Uh $3 »»^ ^"^ ^ ^^ ^^^ it in those very expensive articles of linen, never seen by any- one, who could speak to them in any shape or form. Men, who had' servants about them, ought, if the things existed, to be able to prove that they had them in their possession. _ One of the witnesses called in reference to them, showed that in her hands the fine linen dwindled down into very good cotton. With reference to the books, the jury would see it was quite clear, that the books the Rev. Mr. Hodge had, were not those merely in the book-case, there were some in a box. He had put a saving clause in his claim—" With refer- ence to the foregoing, there was a large case of books which I will not attempt to enumerate." It seemed to him, (the learned counsel) that when the Rev. Mr. Hodge sat down to make out a list, he had taken a catalogue of books and put down what he thought would suit. When the plaintiff found he had run up a large claim for jewellery, he said to those whom he thought would have some knowledge of what he did possess, that there were jewels and jewellery in hi3 house, that no eye in Canada had ever seen. It was possible, but by no means probable. It was, by no means probable that the Rev. Mr. Hodge, when taking to his bosom a second wife, would not dis- close to her the treasures in which women take so much delight. He (the learned counsel) would read to the jury the plaintiff's de- scription of his plate, that they might sec whether the ashes gave any proof of the existence of such things.— (Several articles were read from list.) He held in his hand an account of a case tried in England, where plate and two watches were claimed— none were found in Sie ashes, although a shilling had been found. Lord Campbell held that it was a proof none had been in the house at the time of the fire ; bu<- as the report appeared merely in a newspaper, he Il I' 42 8ttppos«(i the court would not allow him to quote it. But that ashea might tell a tale, the things upon the table proved charly enough. Where had all Mr. Hodge's very valuable plate gone to ? Was the silver so much more likely to melt into thin air than common plated ware ? Was this valuable metal silver — so little durable that it went off in smoke — or was it not far more probable that had such things existed, the remnants would have remained as well as the baser sort produced in the court ? Plaintiff began in his list with a sugar basia which he charged £15. He (the learned counsel) did think it would have been quite possible for the Rev. Mr. Hodge to have obtained evidence as to his possession of these things. His learned friend (Mr. J. H. Cameron) had, upon this point, produced a little piece of evidence which was valuable, and for which ha (Mr. Cameron) thanked him. It was in evidence that, when the plaintiff left Southampton, the spoons and silver had no crest upon them. It was proved, however, that when the property got into the engraver's hands in Toronto, there were only half the number of spoons and forks, charged in the list. Had the Rev. Mr. Rodge doubled the amount of his claim ? What did the facts indi- cate ? What conclusion could the jury come to, but that shewn by the facts; that the Rev. Mr. Hodge had been making a false claim for the express purpose of defrauding the Insurance Com- pany. For a pair of branch candlesticks with glass shades, he had charged £20 ; for a pair of bed-room candlesticks, another £20. The jeweller who had been examined, said they were of plated cop- per. His learned friend (the opposing counsel) would tell the jury that the plaintiff was not a silver smith, and did not know the value of such things. If he did not know the value, what right had the Rev. gentleman to put it down and swear to it ? Did it not indicate when a clergyman was found trifling with his word and his oath in such a manner, that he might go further and commit the crime of arson, in order to put money in his pocket. A plated tea set (charged at a $100,) was mentioned — where was it ? It was never seen. Then there were two salvers ; plated-ware again, worth a few dollars, charged £8. There was an elaborated card basket, for centre table, worth a few dollars, put down at £5. Was all this fair, was it just ? Could they believe it was done unintentionally, when they knew the Rev. Mr. Hodge had charged £125 for a piano, while he must have been aware cost only £106? Was his word bo far borne out by the evidence that it was entitled to any consideration at all ? Let the jury scrutinse the linen again, and see if it were entitled to the oonsideratiou attached to it. £216 was charged for sheets never seen in use. There was that " Danish" linen, used so much in the West Indies, but of which, the merchants summoned here, knew nothing. He (Mr. 4 '»»_ l\ 43 Cameron) presumed that this Danish linen was not much better than that conmionly used, yet it was charj^jed $96. '• One dozen table-cloths, at $96, and one dozen at $48." £10 were charged for two damask table-cloths. In this country there were gentlemen who thought them- gelves " some pumpkins," if he might use such an expression, but they had never attained the height of extravagance reached by the Rev. Mr. Hodge. Notwithstanding these nice little items, however, the rev. gentleman introduced another saving clause in which he said—- " Besides the above there, was a quantity of bed and table linen I am not able to enumerated The jury would recollect that the highest price paid for bedsteads was $4, and that the bed and bed- ing, exclusive of sheets and pillow cases, were charged £10 each. He would ask them to consider whether these \\m \ things had not been charged a proportionately high price? He (the learned counsel) was not disposed to quarrel with the wearing apparel of Mr. Hodge. The man who saw him leav- Springfield to go to Blenheun did not notice that he had a carpet bag with him ; but he (IMr. Cameron) presumed he did not carry a change of linen in his pocket. It Mr. Hodge took the plate away with him, then the Insurance Company was not responsible. If an act of incendiarism had been committed in order to conceal a robbery, then the Company was not liable. He (Mr. Cameron') did not think his learned friend would insist upon Buch a position, because all the doors were fastened, and everything connected with the place was fastened, and the persons who came to the house had to effect an entrance through the window. Everything remained, nothing was carried away. The inference was that this silver plate put down by Mr. Hodge was mythical ; thatithad in point of fact no existence except in the reverend gentleman's fertile bram. All the plated ware claimed had been found, and that was not anvthing like the value attached to it by Mr. Hodge. The law said, that if a man made a false claim in reference to anything, though he might have sustained loss, he was not entitled to recover, ad one of the stipulations under which the Company insured Mr. Hod<^e was, that he should, in the event of loss, derive no profit from the fulfilment of his claim. It said :— "No profit or advantage of any kind is to be included in such claim : and if there appear to be any fraud overcharge, or imposition, or any false swearing, the claimant shall 'forfeit alt claim to restitution or payment by virtue of this policy." Now let the jury apply this to the case where the reverend gentleman had charged $12 for chairs, for which he only paid $6. The Company stipulated—" If there appeared to be any fraud, oyer- charge or imposition, the claimant shall forfeit all claim to restitu- tion on this policy." Let the jury say, when considering this c aim ia their jury room, and remembering well the oaths they had taken, M whether or not there had been an overchage or imposition. What had the Rev. Mr. Hodge invested for the speculation he had made ? He claimed $4000, or £1000 ; and he had paid to the Company just $()0. When the amount was so disproportionate, was it not fair tluit tlie case should be most carefully weighed ? He (the learned coun.sel, ) would ask any one of the jury to place himself in the position of this Company, and say that he was satisfied with the case made out by the plaintiff— a man who had charged £125 for a piano, when long ago it had cost but £100— who had charged $12 for chairs, for which $6 only had been paid ? What was his object in all this? It was to deceive the gentlemen of the Company into the belief that a man who could shew he had lost £1,700, was not committing a fraud when he claimed only £1,00). Was there no room for suspicion in reference to the manner in which the house took fire ? Why should a dwelling-house, unconnected with any other, take fire when there was no one about to start the flames ? It did seem to hii;. (Mr. Cameron) quite possible that the llev. Mr. Hodge having made up his mind to do a bad act, was quite capable of consummating it by destroying the parsonage in which he had resided. But it was by no means necessary that the Company should prove that. All it was necessary for them to do was to show that there had been fraud in the matter. Where was that gold watch which sold when it was new at $9 ; but was clmrged now that it was old, no less than $40 ? Would the jury forget that fact ? The Reverend Mr. Hodge said that he had been an Executive Councillor in the West Indies ; he should not have worn a brass watch. That scarcely became an honourable and reverend gentleman ! He said he had lost a gold watch— and one of brass was found in the ruins ! Where did he buy it ? He (Mr. Cameron) wanted to know that— if the Rev. Mr. Hodge had been so much deceived in this matter ; if when he pulled out of his pocket a watch which he thought was gold, but which was only brass— if he were so much deceived, was he any more likely to be correct when he put down a silver sugar basin as worth £15. His (Mr. Cameron's) attention was also called to the fact that another gold watch charged $100 had been saved, and was in Mrs. Hodge's pos- session in Blenheim. When the Rev. Mr. Hodge went from home he usually sent his precious articles away in a carpet bag. How was it that he had not done so upon the last occasion ? It was a little singular too, that the weight of this carpet bag had been sworn to by a person who received it at second hand. It had been first given to the Rev. Mr. Denrochv, to take care of— a gentleman residing in Toronto, and who would have been able to tell the Court what that carpet bag con- tained. Why was he not put in the witness box ? The jury would \ n 4i understand that thoy (the defence) were not acquainted with all these particulars. They hud done their best to ferret out all they could in reference to the matter, because they felt that fraud was contemplated, and was in course of being carried out in reference to this Insurance Company, by the reverend j^entleman. The Board of Directors here in Toronto considered they would not be doing justice to the Company unless the case were carried to a jury for con- sideration. The Board was composed of Messrs. W. P. Rowland, M. P. P., W. McMastcr, W. Ross, W. Henderson, and J. Crawford, who believed after investigating the matter, that it was a case for the fur- ther consideration of Judge a>)d jury. It was of great public import- ance that there should be fair dealing between insurer and insured. The Directors were convinced that in this matter there had been fraud and misconduct ; that the plaintiff never had the amount of property he claimed, in fact that he had not room in his house to store it. He {"Sir. Cameron) asked the jury to say, when tlu-y took these things into account, whether there had not been fraud, over- charge, and imposition ? He asked them to show, that no matter in whaf shape or form fraud appeared, whether perpetrated by the highest or the lowest in the land, that when dealt with by a British jury the wrong-doer had no chance of escape. Hon. J. H. Cameron replied on behalf of the plaintiff. Surely his learned friend had imagined hims •'!■ to be making an election speech ; one would have thought to he... him, that he was speaking from the hustings. The defence of the Company amounted to this : Had Mr. Hodge only provcdhimself to be worth the amount for wh'ch he was insured, they would have paid the claim ; but now, that he was shewn to be possessed of £1700 in value besides, they charge him with fraud, false-swearing, and imposition. jNIr. Hodge happily hap- pened to be in a little better position than many country clergymen ; but because this was the case, he was to be taunted and pointed at as a person guilty of arson ; as a n)an who desired to get out of the Insurance Company £1,000 currency. How cheerfully they would have paid that sum, had not the plaintiff lost more. No doubt they would ! How smooth they would have been ! They would in all likelihood have asked him to write a card, thanking them for the prompt manner in which they had paid him. This curd would have been put in the newspapers, and doubtless well paid for. But since Mr. Hodge had made out a just and true statement, they turned roun-^ and told Tiim they would not give him ar;,thing— not one single cent. The evidence for the plaintiff fully proved that all he had stated was true. Four persons proved most distinctly that he was at Port Cre- dit between eight and nine on the night of the fire. Mr. Cotton had the key of the stable in his pocket all night, so that the plaintiff cer- vs- i^'^^-^W ■% '^ •^ i li 4» taJr !y did not take his horse out until the followinf; morning. The witness (Cotton) proved this. IJc ;.':ot up in the morning' at 4 o'clock ; called Mr. Hod^c down stairs preparatory to going to the city. Not- withstanding the iact that everything had boon done to disprove the Btatcinent.-, of Mr. Ilodgo, al! that had been elicited tended to con- tirm them. Tliis Mr. Htewan had tracked him like a sleuth-hound. He had been in a-iugcen, Hpringfiold, Blenheim and Montreal, Why, this Company— which h.td not prob:.bly a paid-up capital of twenty times the amount of this claim-— this foreign English Company, that considered that they were favouring us poor colonists by establishing an agency here — this Company, lie srJd, trumped up a charge of fraud; and how had they sustained it? The jury had the evidence before thcin. Now, Mr. McMastor, Mr. Henderson, Mr. Howland, and JVIr. William Koss, the directDrs, were good and honorable men, and gentlemen for whom he (Mr. Cameron) entertained high respect; but as I nsurancc directors, defending an acticm, he had no fnith in them althonrjjh they professed lu.t to be interested. The defendants came hero provided with acids, all ready to prove that the plate was spurious. Dry goods merchants were placed in the box to tell the jury that when they bought linen three yards wide, it was in fact only two and a half. Howtliis could be, he (Mr. Cameron) could not understand. It was in evidence that the greater portion of the plate had been presented to Mrs. Hodge on the occasion of her marriage, and it was (juite plain, if it were not genuine, it had been sold to the persons who made the presentations ns genuine articles. It was well known to every gentieman in tb.e jury box, thnt this Insurance Company have done everything in their power to evade the payment of this just and lawful claim. Ho (Mr. Cameron) had every confidence, however, that they would not only give a verdict for his client for the award ci:x"'ned, £1,000, without almost lo;) zing the box, but would at the sa./e time, if thoy thought proper, give this Insurance Company a vote of censur- "^r the manner in which they had acted in refusing to pay so just a ^ j.iourable a claim. He did not see that he could add any- thing fiiri.ier to the remarks he had already made, and he had every confidence in leaving the case in the hands'of the jury. _ The LEARNED JuDGE. — I feel that I am unable to comment on this case. (His Lordship was unable to proceed any further with his charge to the jury, being much grieved at receiving a short time before the nielancholy intelligence that his brother-in-law (Judge Campbell of Niagara) suddenly expired the same afternoon.) Hon, J. H. Cameron. — My Lord, the Counsel for the defen- dants and myself being well aware of the sad bereavement you have sustained this afternoon, beg to state that we are willing that the a cas( shi] rcti £1( jori res( ^ - C \ 47 case should go to the jury without any comments from your Lord- ship. . The jury then retired, und after being absent about two minutes, returned into court and gave in a verdict lor tlio plaintiff— damages £1000. The foreman stated, in answer to an ituiuiry, that a ma- jority of them were in furor of censuring the Company, but had lin"''y resolvel not to do so. !^ ff iS «3P jflL "QP 3E OF LONDON. CAPITAL, - - $2,S00,000, HON. .ion N H OSS, VV M . M c M A S T E li. Esq. W r. now LAN I), Esq., M.P.I'. JOnN CllAWFOUD, Esq, WM. n ENDEFISON. Esq. W M . 11 O S S . E .s Q . All lo<*es in Canada aro pnbniitt"(l to tlio {,"^ntloiiion composing- tic Board, who ixariilnf tli.; particular^ aad, if found sali.^factoiy. "' ovce order tlio payment of the claim. ClHinisha-ebeon piid to the fnllowlnj? sentlcnion dnrlnjr Hi" y<'ar IS,-)!). In nearly t'vorv in-iaiice card- ot thanks bavu bu-on received lor the prompt and bonoralde sottlein-nt of the losses. r Mikcl, AiiR'liashiirRh, .1. \V. Miowii, BoUcvillc, A. A. CatriiilH'!!, do L. Hus>-Il, (io \V. Hiijic, lU' S. W. Al|i<)l-t, do J. Mcii-ili-T, .lun. do I!. (ioUinry, do *r. Kiinihini. do London, R iik .'v- Co. Hnmlford Jofioph Wi'ii-, Hramploii, \V. Miiiiliu.id. Ik'ckwitli, ('. l?iitc.~. I5o\vin .iivdU', ('. Wood, ('li:ilhani, I). Walki'i-, do II. Riittan, ColioiirK, A. Miluu, JJorcliL'Sli-'i', J. W. Sc'oM. :;,iiliain, I/iuis i'r.vai , do Allun Vinton, Di'lH, H. (.hanilti'i-.s. Dniinvillc, \V. Hatrii'k, lUillin'H Creek, ('orii. ol'(;ufliili, (iiKdpli, *1I. B;iniT fi Co., Iliniilluu, W. LUioU, Kingston, Toronto, January, 1860. *,I. R. Dickson, KinKSton, i A. Cliow.m, do J, (lil)S()n, do (). S. St.iinvrc, rul>v, London, W. H, WhiiiiheaJ, lAjndcn, A. Iloppy,