HIGH COURT OF JUSTICE

Observer, Volume 7, Issue 348, 8 August 1885, Page 7

HIGH COURT OF JUSTICE

Queen's Bench Division. (B efore Mr. Justice Hawkins and a Special Jury.) LOTINGA V. THE COMMERCIAL UNION ASSURANCE COMPANY. This case was continued this morning, by hearing further evidence on the part of the defendants, for the purpose of showing that they were not liable to pay a policy for £2,000 upon the life of the late Mr. Isaac Lotinga, of Sunderland. Mrs. Lotinga conducted her case in person ; and Mr Charles Eussel, Q.C., Mr Lockwood, Q.C., and Mr. Hollams were for the defendants. Dr. James Walker Beattie, of Sunderland, was the first witness. He said that he frequently saw Mr. Lotinga at the Conservative Club, and considered that he was a tippler. He drank whiskey. Mr. Justice Hawkins — What am I to understand by the word " tippler P" Witness — By " tippler " I mean a person whois habitually taking stimulants. It was a favourite

boast of Mr Lotinga what quantity he could take.\ Witness also saw him' at the St. John's Bar, but he could not speak to the quantity of drink he took on any occasion. When he saw .'him, however, he was drinking. Mr Justice Hawkins— What is this St John's bar?_ Witness — it was a store where gentlemen went in the forenoon for luncheon and refreshment. Witness went there for the purpose of refreshment. Gross-examined — he had never seen Mr Lotinga in liquor in the forenoon, but he had seen him at the club when he had drink upon him. Mr William Osborne Lambert said that he had been for many years a surgeon in Sunderland, and on 18th of October, 1878, he was sent for by Mrs Lotinga to go to her office in Manor-place. It was about certifying that a lady was in her right mind and qualified to execute a deed. Towards the end of the interview Mr Lotinga came in stagggeing, and delivered some message. Mrs Lotinga said, " You have made a laugh of the business," and gave him a push which made him reel against the wall. He was intoxicated and she reproached him and said, "I wish you would give up this constant drinking." In January, 1883, witness saw him in the street about ten in the morning. He had a very dissipated look, and witness tried avoid him, but Mr Lotinga button-holed him, and asked him for a subscription for the persecuted Russian Jews and witness gave him ss. or 10s. He said. "I have a splitting headache, doctor — look at my tongue." His breath smelt very strongly of drink, and his tongue and lips were very tremulous. Witness saw that he was a very altered man, and was sure it was from drink. Witness said he did not think that much would ail him if he would give up drink. Mr Lotinga said, " I think I must have got some bad whisky last night." Witness had certified him as a good life to an insurance office 15 years before, but he had greatly altered since then, and he had all the appearance of being a confirmed sot. Witness.had seen him in a morning coming out of many publichouses, and had seen him in the street intoxicated. Mr J. P. Gilleneck, an importer of drysalteries, spoke to having seen Mr Lotinga drunk at Newcastle, about October, 1882, and to a ssisting him home. He had frequently, since October, 1882, seen him in public-houses drinking whiskey, Mrs Lotinga handed the witness a number of photographs, and he selected one which he said was that of Mr Isaac Lotinga. Mrs Lotinga — My lord, it is the same as was selected yesterday, Witness — It is as like him as possible, otherwise there is some trick. He added : When I come to look at it again, it is a photograph of Aaron Lotinga, and not of Isaac Lotinga. Dr Robert Ayre Smith spoke to having seen Mr Isaac Lotinga the worse for drink on several occasions. Dr Samuel Wilks, of Guy's Hospital, said that he had a large experience in alcoholism and his opinion was that the condition of the liver, when affected by alcoholism could not in every case be ascertained by examination. A man with a strong constitution might' not show marks or symptoms of alcoholism under such circumstances. Dr Richard Quain gave similar testimony. The corruption of the liver was no sure indicator of the habit of drinking in the patient. A man might after medical examination be passed for an insurance office as a temperate man, when in fact he had been living an intemperate life. Cross-examined — A half-pint of wine a day might be intemperate for one man, whilst another man might drink GO tumblers of punch a day. Mr Justice Hawkins — Sixty tumblers ! Witness — It came out in evidence that such a case actually occured ; and- he knew it was a fact. (Laughter.) He knew a gentleman who drank a magnum of champagne with his dinner, and the equivalent at his supper, and yet he went on for many years. Dr Harrison Cripps, of Bartholmew's Hospital, ■ gave evidence of a like kind. After some further evidence, the hearing of the case was adjourned.