The Express.
London, England, 1864-07-23 00:00:00

- - -
ASSIZE INTELLIGENCE.

ROME CIRCIIIT.—Lawm JULY 22.
(Before Mr. Boron Mortia and a Special Jury).
TIMM I. MKT=

This wee an action brought by the plairtiff, the sznissat
theatrical scene paintsr,agsgist Mr. Pechter, the eell.knowe
tragedian mad toupee of the Lyceum Theatre. to mouser
sum of 13G1. 55., being the Mauro alleged to be due to him
for services rendered to the di/U*4mA in his professional
capacity, in the production of the tragedy of " Hamlet" at
his theatre.

116;Idreh Q. 0., sad Ifir. Shaw wen for the plidatiff;
aid Serjesot Bailsman,' 66d Mr. Covestry mere weasel for
the deteodant. _

iti7ppeareTelthat in the month ne February of the priest
year the defendant sent for Mr. Telbin end lammed him of
his intention to modem the tragedy refined to, with new
armory mod effects, mid he desired him to paint the fiwaser,
sod be was to be paid the sum of 4001. for his services is
this respect Mr. Telbin agreed to them terms, and some-
thim wet said about the scenery being ready by the 20th of
April, bat according to the wrWecoe of the plaintiff he was
unable to complete hie work by that time, and that one
of the reasons for that was, that Mr. Fechter
di-
charged the principal stage carpenter, a mom mined
Bare. sod employed • Freedman named Gawks in the
same capacity, mid as be could set speak Emilie. and Mr.
Tubes could sot speak French, they bad great dilleidty in
communicating with or endersiodiag each other, and that
this caused considerable delay. It sppeesed that the mosery
was not sent to the theatre mild the 14th of May, bet oe
the part of the plaintiff it was said that this was sot of any
missequiroce, imam& as Mr. Ferater, who was to play
Hamlet, met with an accident in the month of April, and
he was ordered by his medical adviser sot to pelmet for a
month. so that if the seseery had hem 'wady by the 20th of
April it would not have mede say differeses, as She play
could not have bees brought out, owing to the °cedillas of
Mr. Fechter. While the work was going co, the riefeedast
paid Mr. Telbia 2701. as account, and it appeared that &beet
the limiting of May be become very angry with
the plaintiff. and wrote him several letters, is one et which
he stated that he had lost 2,0004. is commuence of his
sot having fulfilled his agresieset to eamplete
the scenery by the 20th of April, and which mat, w mid,
Mr. Tedbin's painting would
sod I. another be stated that "if Mr. Tslbin's 0001I•Ci is
cawing him to lose his mosey did sot strike hiss with re-
=he was every for hie COSICINOIL " The reeding of
letters caused a good deal of laughter in the court,
particularly the one containing the last-mentioned disarm-
ties, and another in which be requested him to come to hi
house and talk the matter over "over a pipe." The plaintiff,
in him evidence, positively denied that he had ever
nodertaken to complete the scenery by the 20th
of April, and said that all he stated was that he would
endeavour to do an, and it appeared that after the scesery
had been delivered at the theatre, which wee on the 14th of
May, ho west there for the purpose of putting a few finish-
hit touches to more of the acmes, which le always mammy
under such circumstauces, and which according to the plain-
tiff's statement would not bate takes bin more than font at
tire boors to complete, and be was refused adinitioe, sod be
was eventually compelled to bring the present action to
recover the balance of his claim, be having, as he alleged,
actually spent 2901. out of his pocket for assistance aid
other matters connected with the work that he had per-
tormeel. . _ _

--ST,6MotMintiest, is hie address to the jury for the
defendant, mid that he resisted this claim on tbe grazed
that the plaintiff had positively sadertaken to have the
winery ready by the 70th of April, and that by failiag to
do ao, the defendant bad sustained a very serious loss, se kis
object was to ri,duce the play of " Hamlet" on the anni-
versary of the birth of Shakespeare, as the 23rd of
and although his accident mint have prevented him from
strictly arising out this istostion, still If the enesery had
bees supplied at the tune specified, the play might have bees
produced mach earlier than it really was, used os this
grousd he cooteoded that having lorokm his cosine., the
pleistiff had already bees safficileatly paid for the wort he
had performed.
Mr. Feebler was emaseosed as a wham; sad his wombs
of the enuseastios was, that the plaintiff peidthely soder
Wok to hove the mower, reedy by the 90th if April. bet

that it would require some extra exertions, and he said
agreed on that account to give him 4004 He also said, ti
under ordinary circumstances be should net h.,.
paid Mr. Telbin for the scenery a lather ie
than 3001., and he gave him the additiou.d
amount upon the consideration that the work should i"
dove in a shorter time. He stated in addition to this ti
when the scenery was delivered ou the 14th of May it a.
in a most incomplete state, and Le was compelled to 14 `1
pope the performance for a week, and during that time
paid 70f. to other artists to complete the scenery, sad
bad to pity the whole of hie company a fortnight'a rho.
during which the theatre was closed, solely, as he
on account of the plaintiff bevies failed to perform the ce,
tract that be bad entered into.

Baron Martin having summed up, the jury almost ism.
diately said that they were of opinion that Mr. Tellm Li
not made a contract to complete the scenery by the :.qnl2
April, and they returned a verdict for the full mow
claimed.

The learned Judge uid he concurred in the verdict. bat
be could not help at the lame time expressing his oplui,c
that Mr. recbter had misunderstood the nature of the
agreement that wan uttered into, and that he had circa Lu
evidence u to the castract under this impression.
A long and uninteresting right of way cue was duo d.
posed of before Mr. Justice Willem, and this concluded Me
business of thus mime.

The commission will be opera on Monday at hfaiditore
where there are alreadyMaidetoee, nearly 60 prisoners for tru.l, °cr..
them is charged with murder, and there is also ,
conspiracy to mat away a ship. lima of the other
of the ordiaary descriptioo.