The Sun.
London, England, 1828-12-05 00:00:00

said that they understood him to have said
had called on Adamson on his account.
The CHIEF JUSTICE appealed to the jury►
said that they heard differently, and expresslYs
that they did not credit his testimony. Hg
then removed, protesting that he had spoken
the truth.

COURT OF EXCHEQUER.
HOZEESON V. LORD COCHRANE. 10
When this case was. called on, Mr.' T 05550
applied that it might be postponed on aceo°4
the absence of Mr. Wm. Bennett StephengOlo
was a necessary and material witness for the O.
Mr. F. PoLLocx, for the plaintiff, had no
tion to the postponment provided the 041
sought to be recovered were now paid WV'
to abide the event of the trial.
Mr. THESSIGER—The bail will have 011
$
it, if Lord Cochrane does not.
Mr. F. Pou,ocK—Yes, but the defendant is
abroad, and events may happen which would tit
altogether exonerate him from the action, or/
events would render it very difficult to come at,
Mr. BROUGHAM, who was also for the defe
,;
pressed the application for- postponement ilots.
next sittings, and read extracts from affidavits
by the defendant's solicitor, to the effect th,
had written to Mr. Stephenson to Malta, aPP `
him of the importance of his evidence, and
among other letters which he received froti?,
gentleman, was one assuring him of his intently'
set out for England, so as to be here, if possibi,
the 24th of last November. He had not yet am
and it was therefore hoped that his Lordship '
direct the case to stand over, the more part] •
as the defendant's solicitor distinctly swore that'.
he could ascertain the precise nature of the 'evi'
which Mr. Stephenson could give, he would bee''
to frame his client's defence against the actiolk
The solicitor added, that from the peculiar ci
stances of this case, he deemed the evidence of
Stephenson absolutely necessary for that defence'
Mr. Pouocx resisted the application, and,
going into a detail of the postponements which 0
taken place at the instance of the defendaett4
Learned Gentleman submitted to the Courtfv)
unless delay, and delay only, were the object of
Cochrane, lie might long since have produced 0
evidence of Mr. Stephenson, by sending out,
commission to examine him abroad. But of
Learned Gentleman could not see how the 1
timony of Mr. Stephenson could be material il!"0
case like the present, which was simply thi::d
woulJ appear from the affidavit of Mr. Henry •J
of Peckham :—That gentleman swore that hej
engaged _to draw out the account between
Cochrane and the late Mr. Hozeeson, prinei
from documents furnished by the defendant hilo_gi
and that. there appeared a balance of 17,000 doll
against the defendant. This account was Or
quently delivered to Lord Cochrane, and he :if
Mr. Hozeeson an order on the Chilian Governiat
for the amount. The plaintiff now sought to
cover that balance from Lord Cochrane.
Mr. Buouniasr.—This is all to the merits of°
case.
Mr. Pou..ocx.—Certainly; that is the plaintilllj
case, and it is proper to put the Court in posse-4170
of the merits, in order to enable it to see wilt
there is a clear distinct statement, that the evider
of this witness can be necessary.
Mr. BROUGHAM hoped that the Court would 0
place implicit reliance on the affidavit of Deell'cie
he had also brought an action against Lord Cos
ranee, which was still pending; nay, more, it, cr
to rebut that statement of Dean that the evil"
of Stephenson was required ; Stephenson Ivo :40
cretary to Lord Cochrane when these trawatLit
took place, and as. a necessary consequence' '174
more than the defendant, all about his moo
matters. •
vrj The LeRD CHIEF BARON —Who are 1.
Cochrane's bail to this action ? •
01
--
Mr. BROUGHAM.—Only Sir Francis Burdett,'
et..t ,
Lord; and Mr. Ricardo. (A laugh.) TheLcat",.
Gentleman offered to refer the whole case toL
arbitrator, as soon as Mr: Stephenson should ars''
in England. . •
Mr. POLLOCK said that if he acceded to this.
position, a fresh delay of seven months might oil,
but if the bail would undertake to pay the me°.oo
or if it were paid into Court, he had no *Otis,
to grant the postponement which had been requir
Mr. bstouGlisst objected to these terms. h
0
The LORD CHIEF BARON did not think tnas
_.4
ought to put off the trial peremptorily until the 070(
sittings, but he. would allow some further time'
.•
thesarrival of Mr. Stephenson.
' 00
.It was afterwards arranged for the present, 10
the trial should come on some day just before te
rising of the Court for the holidays, and that th
defendant should pay the costs of this postponetne°t.