The Express.
London, England, 1852-02-25 00:00:00

COL KT OF EXCIIEQUER.-YENTEIID IY.

SITTOPM A? IP4 Yam. AT (Wavy...L. Low Cum
NM/A ASP • C....50x J. la.

NoIRLA.4II e. NIATURRa.—ACTION ItT 7111 16111471 W
01 TITI N AIIIIYIO■I Or 7141 LICZILIe TUZATIII to MX-
Cu% FR A RALANCII or SALARY.

This It m an action brositlit by a MIA Catherine `lowland
imminiit Mr. Charles Mathews, the h rof the Lyceum
The Itromoinistally to recort r the snot ot 461. I la. 3d. for work
and labour done, tw money had, p i.d, and on account
Mated. The .um which the plainUtf actua'ly som,ht to
mom was `2.41. . .

A. Mr. Malcolm was shout to open the pleading., the
Lord Chief Hama said it would be ezpcdient if some settle-
ment, could be OHM to between the nartics. An arrange-
mat woe in smear cases the best means of dispo.iii of •
The roped*. of the Lord Chief I.l.eron not hiring bees
agreed to,
Mr. &distil Wilkins proceeded to state the ease to the
jury. and said that the plaintiff was now a dressmaker,
carrying on Inoinces at Nn. 4. Wellingtoostreet, to the
Btr.nd, and had formerly held the 1,1•11•IIINI of mistress of
the wardrobe at the Lyceum Theatre. Tlto action was nomi.
sally broorht to rimier SW. 11.. but the actual amount
whiik the plaiotiff sought to recover was 2SI. Is IMS the
plaintiff was repaired by Mr. Mathews as the mistres, of
the wardrobe, and is the followiog year Mrs. Mathews
employed her as her private dressmaker, and contracted
with h. r • debt of 111. odd. Finding some difficulty in
obtaining this money, the plaintiff proposed to Mr.
Charles Mathews to raise her salary from 31.
per work to U., until the end of the gesso*.
If this were done, the plaintiff agreed to waive
bee claim for the 11L odd, due to bee for stresemak-
Vand also for • farther sum of 121, a balance of
which was then owing to her. This proposition was
**copied. srd the phiatiff's salary was raised to 4!. per
week *mil the sad of the season. She then agreed to cut
oat the be. s' drayage for the ladies of the Lyceum 'llicatre.
Matteis went on very well until the month of July, 1831,
when, atom the oeea.'on of her and.ting Mrs. Mato, we to
deem, seine angry word. passed betwera them. The plain-
tiff mid she did not deserve the language which Mrs.
Mathews had used towards her. and left the room. She
was ties sent for by Mrs. Mathews to assist her in
completing her toilet. This, however, she refused to do on the
/round that it was not a part of her duty to sena: Mrs.
Mathews to dress. The result of this refusal was that ON
plaintiff received • verbal notice to leave the theatre. She
&aimed to do se, sad afterwards received • written notice
tram Mr. Mathews that she was discharged. 'The learned
**joint then read the motive, which gave the plaintiff •
week's intimation that her service. would he dispensed
with, gad that alto would be settled w ith up to the time of
bar dismissal. The plaintiff dcelintil to be paid is this
enana,„r„ as she found upon inquiry that the principal per-
formers were engaged for the entire seams, and could not
be discharged before it was at an end, except for miscon-
doe. The se WOO lasted seven weeks atter the plaintiff's &s-
-eam:go, sad she now sought to reenter her salary for
that time, which at 41. per week would be 281. The plain-
tiff had brought an action in the county court, to Acmer
the mosey that was due to her for dress-making, and the
balance of her salary, when it was 3f. a week, and she
could not, therefore, recover the money in the present
action.
_ _

The following evidence was then adduced:
Catheriue Nowland— I am the plaintiff in the present action.
I was engaged at the Lyceum Theatre in October,lB4B,as mis-
tress of the osriltobc. Mr. and Mrs. Mathews were the lessees
of the Lyceum Theatre. I came to London from Liverpool
to see Mrs. Mathews. I was living in Liverpool as • pri-
vate doom-maker, and gave up my business in order to
came to Won. I received a salary in 1348 and 1349 of 3/.
• week. My duty was to de sign, arrange, and cut out all
the dreeses for the ladies. No fault ow found with me
during the widow of 1848 and 18:9. Two weeks salary
was due to me at the end of each of thew seasons as well as
a private aeronnt, due to me by Mrs. Mathews. I was in
the habit of doing private 'matinee.' for her in 1818 and
IS. At the end of the year 1819 there was 21'. 10s. due
tome, 111. being for dress making, and the rest for four
weeks Wary at 31. per week. I saw Mr. and Mrs. Mathews
on the subject of my china, and ultimately made an
arrangement with Mr. Mathew, that my salary should be
raised to 4'. per week for the whole of the season, and at
the expiration of the season I agreed to cancel the debt of
241. I then consented to design the dresses which might
be required when &ay of the principal ladies played
in the character of boys. This arrangement lasted
until July 1831. The season had commenced in °e-
ta,: 1830. I was paid my salary of 41. a week up to the
10th of July 1831. In the month of July 1851, 1 had a
little disagreement with Mrs. Mathews, and some aneTry
words rated between us, and I was desired to leave the
boo.. by • Mr. Hinton (Mr. Mathews's atteadant) and
afterward. by Mr. Mathews himself. I went the neat morn-
ing to resume my duties, but was refused adasissiou by the
hallheeper. I continued to present ninelf every morning
until I reached a written motice from W. Mathews to the
effect that I wait discharged. In the session of 1831 1 ()r-
-eigned the drew which Mr* Mathews wore he she acted
in the plea. railed finny Charming. A new unto was mails
Mn.for Mathews every eight olnys. I have made theatri-
cal drivers for many years, but I was never before engaged
at a theatre et mistreat of the wardrobe.
C00..-examined by Mr. Jaines—l left the theatre on one
occasion for nine days by Mee Mathews's consent. Myi
sister, Mrs. Reid, saw Mrs. Mathew. on the subject, but I
did hot know of it. The makied the male dresses for ladies'
wan one of the considerations fur which I pot 1/. per week
extra sal try. Mrs. bailey was my predecessor ia desiguing
the male drewee.
Charles Ashman wee then called, and said—l wag master
tailor at the Lyceum Theatre in October, 1830. 1 had
bean in the service of Mrs. Mathews is 1831 and 1831.
The mietreet of the wardrobe, the tauter tailor, tho prin-
cipal scene painter, the muter carpenter, and the leader of
the hand were always tottered fur the scaton. 111 r.
Mathews sent for me one night about eleven o'clock and
toll me that I had given him the greatest satisfaeti a, but
that hr saw • storm brevin:, and that as he wished to save
me and himself from it, it was better that we should part.
(I.aatcht4 r.) lam not aware that it it the duty of the in:s-
treet of the wardrobe to dress the ladies.
The Lord Chief Baron ►del there was no necessity to ad'
the witness such a question, as it was highly improbable
that he would be present when the ladies of tho establish-
stout were drewing. (Laughter.)
Creeoexausined by Mr. Junta— When I heard that there
was • storm beewing, I left the establishment and took a
week', entice.
_ _ _

Mr. fterjetnt Jones here ca;led for the pay li.ts of tha
t►eatre foe the ypnre IRi 1, 1 til, ■nd 18.52. They., li.ts
awed by the age, entente made with certain parties de-
*noted the cutatants" and " inconstant*. what was
the amount of •il.psy paid to the p;sintiff.
The Lord Chief Baron—What ate the " ineonatants?"
Mr. James—l den% ham, my bind, wakes it retell' to
the lathe.. (Laughter.)
This wit. the 'plaintiff 'a tor.
Mr. dears ealmiitto d that the plaintiff moat be TKO.
gaited, am the action MO not hrunglit for the hrt.acli of an
engagement. but for a number of weeks' salary for merlin
services which had not hero actually performed. The
J{aiatae• therefore, could nut recover upon a declaration,
ifs did mat is which wee for weak and labour dose.