The Sun.
London, England, 1828-01-08 00:00:00

LAW INTELLIGENCE.-(THIS DAY.)

COURT OF KING'S BENCH.
(Mjourned Sittings after Term, before Lord TENTERDEN

and a Common Jury.)
WHITTAKER V. CLEMENT.
In this case only ten Jurors appeared, and the
Counsel at both sides agreed that the case should
Proceed with that number.
There was nothing of the slightest public interest
In the case, which was an action on a Bill of Ex-
change, and was ultimately referred to a gentleman
of the Bar.

ACTION FOR SLANDER.
EUSTACE V. CONWAY.
Mr. BAnsrow opened the pleadings, and Mr. F.
POLLOCK stated the "case. It ,was an action for
slanderous words, the defendant having aharged the
plaintiff with committing the crime of wilful and
corm-
, pt perjury. The plaintiff is an attorney's
Clerk, in the employment of an attorney named
Rine. In the end of 1826, an action was
brought by the assignees of a person named
Watts against a man named Steel. Mr. Hine was
attorney for the plaintiff in this action, and the de-
fendant and a person named Moore were tendered
as bail for the defendant. It therefore became ne-
cessary to inquire into the circumstances of the de-
fendant, who was stated to reside in No. 7, Wine-
office-court, Fleet-street. The plaintiff (Eustace)
was sent to make inquiries respecting Conway, and,
in consequence of those inquiries, made an affidavit,
stating that he had visited the house in Wine-
office-court, Fleet-street, on the 13th March, and that
the house was then unoccupied and to let, and that he
had made inquiries about the defendant's residence,
and Was informed that he lived somewhere about
noxton. It subsequently appeared that the de-
fendant had lately been a bankrupt, and when the
parties came before Lord Tenterden at chambers to
Junify bail, Conway's bail was rejected by his
Lordship. Whilst waiting in the outer chamber,
previous to going before Lord Tenterden, the
defendant made use of the slanderous lan-
guage now complained of, and in reference to
the affidavit sworn to by the plaintiff, said, "It is a
Wilful and corrupt perjury—it is as false as hell, and
1 can prove it to be so by fifty witnesses." This
language being used in the Judges' Chamber, and
Within the hearing of several persons, Mr. Hine, the
employer of the plaintiff, did not think he should let
it pass with impunity, and wrote to the defendant,
calling upon him to retract or apologise for the lan-
guage he had used towards the plaintiff, but the
defendant refused to make the slightest apology
and
now repeated his charge by pleading a justifica-
tion.

T. J. Richards was examined, and proved that he
visited the house in Wine-office-court, Fleet-street,
and that there was no furniture in any of the rooms.
r ov
J. Hine, the brother of the plaintiff's employer,
Ped that the slanderous language alleged in the
declaration was uttered by the defendant.
, The COAIMON..SERGEANT shortly addressed the
'urY for the defendant, and called the following
tvitnesses
Joseph Rose stated that he is a surgeon, and had
been in attendance on Mrs. Conway, the defendant's
w"e, from February, 1827, until the present time.
Attended her in March, 1827, at No. 7, Wine-
fhee-eourt, Fleet-street. Visited her on the sth
March, and on the 18th March ; and also visited
her on intermediate days, but took no note of those
d
aYs. Mrs. Conway was in the back room on the
ground floor on the sth and 18th March, and there
was furniture in the room.
Several other witnesses were examined in sup-
Port of Mr. Rose's testimony.
Mr. F. POLLOCK then replied, and Lord TENTER-
nEN left the ease to the Jury, who returned a ver-
dict for the plaintiff—Damages ls.

INSOLVENT DEBTORS' COURT.
r
1, hinos Cowper Sherwin, a commander in the
Navy, was brought up on his petition to be
discharged, and was opposed by Mrs. Gill, and by
Messrs. Sharpe and Jeremiah Davis. The latter
individual professed himself to have very kindly
feelings towards the insolvent and his family, at the
same time he pressed the Court to recommend the
aliProptiation of some portion of his half-pay to
the payment of his debts. Mr. Davis insisted
that this would produce a beneficial effect on
the insolvent himself, by checking his very ex-
iravagant habits. It is well known (said Mr.
n
-":ut avis) that he has actually . lived up to the
. of two guineas a week, upon some occasion
inn London.
The CHIEF COMMISSIONER said that extrava-
gance did not furnish a substantial ground of oppo-
3itiok
Insolvent, who was supported by Mr.
-`ekrit, stated that some time since he had been
appointed to the situation of a sub-collector of cue-
ton's in Nova Scotia; that he had incurred great ex-
Pt enee in the necessary outfit, but that on his arrival
a
Halifax he found that his salary had been reduced
one half since his appointment to the office.
This circumstance urged him to resign his
situation and return to this country. He subse-
cluelltlY petitioned the Lords of the Treasury, and
',Rs awarded the sum of 150/. as a compensation.
is Money he instantly paid into Court, where,
with the exception of the portion allowed him for
Tinaintenance, it still remained. His half-pay was
liv 160/. a-year. He had at one time ten children,
e f
ofo whom died lately, all within the short space
one year; his wife was in a delicate state of
health, and was likely before long to add another
vmernher to his family. Under these circumstances
(flueettratntsyted the Colin would not feel it right to de-
or his sutphpine
grt.from the small income that remain©d
Davies having again urged his former request,
Mr. HEATH put it to him whether, after hearing
that Capt. Sherwin had five children, he could pos-
sibly expect that any deduction could be made.
Mr. Davies—_l have myself 13 children, Sir--(A
laugh.)
After some further discussion,
The CHIEF COMMISSIONER. said, that the fact of
the insolvent's having formerly lived beyond his
means, was no reason why the Court should, for the
future, put him in the condition of not living within them. Upon the whole, the conduct of the insolvent
had been highly creditable to him, and the Court
therefore thought himtelttitled to his discharge.
The next
and the debtcase was
for whicha ih
h 0 had been arrested wasof a naval warrant officer,
contracted for the outfit of h
eldest son, now ill
active service in the navy- The insolvent stated,
in order to enable him to meet that debt, he had,
although after 28 years' service
Captain's Clerk, and would ,
enaeavoured to
'"tisfy his creditor, had he not thrown him into prison.
The Insolvent was ordered to be disch.
drged, and
his detaining creditor (Jones, a tailor,
at Portsea),
was appointed his assignee.

EPIIESLIS.—A more thorough than,
be can
"'tely be conceived than that which has actually occurred
at t phesu_
8.
Once the seat of active commerce, the very
has shrunk from its solitary shores; its streets, once
Populous with the devotees of DIANA, arc now ploughed
by the Ottoman serf or browsed by the sheep of the
pear by
It was early the strong hold of Christianity', and
w 4" at the head of the Apostolic churches of Asia. It
might' 'e that, as St. Pam, says, the word of God grew
E/.t'lY, and prevailed. Not a single Christian now dwells
vrtoieth";iin it! Its mouldering arches and dilapidated walls
acti -/ Whisper the talc of its glory; and it requires the
ex:l:4, uf the geographer, and the active scrutiny of the
ve;e-t?'l traveller, to form a probable conjecture as to the
retiZl4 of the First Wonder of the World.' Nothing
Cayet,-I upaltered save the 'eternal hills,' and (the mazy
the the stream of which rolls on still changeless and
not 4;".„ Whilst gazing over the solitary plain, one can-
to the:4l applying to Ephesus the apostrophe of QUEVI3/30
ills of Rome :
"Itht but a name thy mould'ring corse retains_._
And seem'd eternal long bath pass'd away,
Mut was fugitive alone remains.
Letters from the 4ast.