The Sun.
London, England, 1827-04-23 00:00:00

LAW INTELLIGENCE.

COURT OF KING'S BENCH, Aran VI.
FENTON, GENT., ONE, &e. V. STEWART AND ANOTHER.
This was' an action against the proprietors of the
Courier Newspaper, for a libel upon the professional
character of the plaintiff as an attorney. The de-
fendants pleaded, first, Not Guilty; and second, a
justification of the truth.of the alleged libel.
Mr. GURNEY (with whom was Mr. PARK) stated
the case.
The plaintiff was an attorney, carrying on business
in the City, and he had thought it necessary to bring
this action for the vindication of his character, on
account of a libel published in the Courier News-
paper, of which the defendants were the proprietors.
He (Mr. Gurney) believed he might say, it was
very seldom indeed that the Courier had been the
subject of actions or indictments for libels on private
character, and for that reason, when a libel of the
nature in question appeared in its columns, the per-
son slandered must be more than commonly anxious
to remove the unfavourable impression which a pub.
lication, under such circumstances, was so likely
to produce. About three years since the plaintiff
was called upon, in the course of his professional
duty, to defend a person, the atrocity of whose
crime had created the greatest sensation in the public
mind—he meant a man named John Thurtell, who
was tried, convicted, and executed at Hertford,, for
the murder of Mr. \Veare. Undoubtedly the duty
of the plaintiff, as attorney for such a person, was
most anxious and arduous ; and if he (Mr. Gurney),
who had conducted the case for the Crown on that
occasion, might go out of the way to make the ob-
servation, he must say, from his own personal ob-
servation, that he never saw an attorney for a
prisoner show more zeal and activity for his client.
The plaintiff was, therefore, extremely hurt to see a
paragraph published in the defendants' paper, con-
veying an imputation that he was wanting in feeling
for his client's situation. Now, whatever might be
the crime of the party accused, those who were in-
terested in the conduct of his defence must neces-
sarily feel great anxiety for his fate; and the libel in
question having attributed to Mr. Fenton an absence
of consideration for his client's interests, he thought
it right to bring this action, for the vindication of
his character against the attack so made upon him.
In so acting, he by no means sought to put money
into his pocket; but character, to a professional
man, being of vital importance, he felt himself com-
pelled to come into Court for a reparation of that
injury of which he complained.
Mr. SCARERTT (with whom were Mr. BROUGHAM
and Mr. F. PoLLocK,) here interposed, and said
that, as his Learned Friend had stated the plaintiff's
object to be simply the vindication of his character,
he (Mr. Scarlett) had no objection to state, on the
part of the defendants, that nothing was farther from
their intention than to wound the feelings of Mr.
Fenton by the paragraph in question. The defend-
ants could have no motives in disparaging the pro-
fessional reputation of the plaintiff; who had, doubt-
less, conducted himself zealously and ably for the
interests of his client, on the trial alluded to. The
defendants were sorry if any expressions were used
in their paper, painful to the plaintiff's feelings;
and bearing no malice towards him, they could have
no intention of questioning his respectability. After
making this acknowledgment, he wished to spare the
plaintiff the pain of having a matter farther gone
into, which, no doubt, must be unpleasant to his
feelings. He (Mr. S.) was the rather inclined to
make, this reparation to the plaintiff's character, in
consequence of the justice done by his Learned
Friend to the reputation of the paper in question;
and having done so much justice, particularly to Mr.
Stewart, who had been connected with The Courier
for twenty years, he was authorised to Fay, that the
defendants were sorry the plaintiff should have taken
offence at the publication complained of. He should
forbear saying anything further, than that there was
no intention on their part of wounding his feelings
or injuring his character.
Mr.

GiTat,sie stated, that Mr. Feuton was quite
satisfied with what had been said by Mr. Scarlett ;
and in testimony of his sincerity that his client's ob-

ject was not to put money into his pocket, he would
consent that a Juror should be withdrawn.

A Juror was withdrawn accordingly.

SHIMFF'S COURT, APRIL 21,

THE PARISH OF ST. MARY-AT-HILL V. T. 'CATHARINE'S

DOCK COMPANY.

This was an enquiry to assess the value of certain
premises, the property of the parish of St. Mary-
at-hill, and situate in the district of St. Katherine's.
Mr. James savage, a surveyor, had examined and
valued the premises. His estimate was 22,3041.,
and he was quite sure that they were worth 25
y ears' purchase.
Mr. J. Anson, also a surveyor, estimated. the pre-
mises at 20,2431.
Mr. ADAM addressed the jury on the part of the
Dock Conthany. He trusted that the jury would
he as careful of the interests of the one as of the
other.

Mr. Matthew 'Wharton, a surveyor, estimated the
property at 13,627/. 4s. 7d. He had, however, in
consideration of the compulsory sale, made another
estimate which amounted to 16,7631. 19s. 9d.—The
jury assessed the value at 18,5001.

THE YOUNG ENSIGN.-1110 next day I
may consider to have been my first appearance in public as
a properly authenticated officer in the army. I stood upon
the parade fully equipped, and with my regiment. During
all the time, I might as well have been in the pillory,—
nothing relieved me but pulling on and off my gloves,
fixing my cravat, and playing with my sword-knot. I
formed one of those, whom the admiring crowd gazed at.
I was saluted every where by passing soldiers, and I gra-
tified my vanity in this point, by repeatedly walking past
the sentries on duty at the palace, to hear them slap the
butt-ends of their muskets, as they t carried arms 'to com-
pliment me. I was gazed at on the Steyne by the most
captivating eyes,—T was smiled at in the library by the
most faseinating faces,—lovely lights gleamed on me from
balconies, barouches, and donkeys' backs,—pelisses flounced,
and feathers waved for me : I was somebody, I was every_
body,—there was nobody in the world but me—myser
at least I saw no one else worth a moment's consideration,
except as far as their admiration of me was concerned. I
never ate so many ices and jellies in my life; not for the
love my appetite bore to such confections, hut the lounge—.
the graceful halo which the discussion of an ice throWs
round the military figure in a pastiy-cook's shop is every
thing : it was delightful !--:Military Sketch Book.

THE AQUES SNAKE.—Soon after this, as we
were going to cross the stream, we observed a
large snake swimming towards us, and when he
arrived
.near the bank he stopped, apparently to,
watch our motions, with his head and part of his
body out of Water : I then obServed the black.
cross on his ilea; and knew it was the snake
called the Agnes. A negrO who was passing on'
foot at this time, agreed for a dollar to endeavour
to kill the reptile. FOr this purpose he went a
short distance in the rear; and cut a large long.
bamboo with his manchette, and advanced to the
attack of the snake, who had remained quiet in
his position, with his eyes 'fixed on As the
negro approached the agues, he put out his forked
tongue, and raised himself higher in the water, as
if preparing to make'a dart at his enemy, which
the black observing, retired .a few paces, and then
told me he was afraid to attack it, as it was pre-
pared to spring on him. In this position the
near() and snake remained for two or three
minutes, watching each other, when suddenly the'
aquas turned round to swim to the other side of
the river. The moment the negro , observed its
head turned from him; he rushed to the bank,
and gave the agues tv'sio or three tremendous blows
with the bamboo which made him turn on his
back, and the negro followed up his attack,' and
succeeded in killing his enemy. This' apes
measured six feet in length. The black brought
it to me on his .bamboo; and appeared'' nita
elated at 4is victory, and not less so when he re;-
ceivecl his feward..:.,Travcis through
,Colombia,