The Express.
London, England, 1863-11-16 00:00:00

THE.-. EXPRESS. 'MONDAY EVENING, NOV UMBER 16, i 863.

SPORTING INTELLIGENCE.

THE CLOSE OF THE SEASON.

Kato intelltsictut.

NitiI!,OtOLITAN 4::9UN.TV COURTS.

Wit,7;;;ek.
WINKIMES. SL MarWthalaiwa —Monday, Nov. 16; Tuesday,
17 , Wedoesday, 18 ; Thursday, 19.
MOONS/MIT, Portland.road.—Wedaesday, Nov. 18; mune
day, 18 ; Ynday. SO.
1taa21.890,9„ Maryleborte-road.--Tuesday, Nov. 17 ; Wed-
oraday, 18; Thursday, 19.
L'Llitafaa ELL, Duncan terrace.—Monday. Nov. 16; Tuesday,
17; Wednesday, 18; Friday, 19.
8110REDITCH, Oisalitroet-road.-Thoraday. Nov. 19.
Bow, Bow.roe.-Ilonday, Nov. Id; Yriday, 20.
—Groat YreacotaTreet.—Wadmoday, Nov. 16;
Monday, 19; ?May, JO.
BOOTH% ARK, Swarsatreet.—Monday, Nov. 16; Tuesday. 17;
Friday, 20.
LA *BETH —Camberwell New-road.—Tuesday, Nov. 17.
Ii REWlWlCH.—Wedneaday, Nov. 18.
WooLwreit.—Tbsuaday, Nov. 19.
WANirsiTuaTli, ilouthatnea —Thursday, Nov. 19.
ern or LONDON. Guildhall.bulldlogs.— Monday, Nov. 16;
Tuesday, 17.

EQUITY COURTS.—Nov. 14.
(Before Vice-Chssoellor Sir W. P. Wood.)
KNOX V. GYI..7THZ Ord CARL

This wee a suit instituted by Colonel Knox, a view
of having it declared that be was *stilled to rights of •
partner with the defendant, Mr. Oye, in the Royal Italia,
Open. It appeared that after the difficulties which arose
in connexion with the break up of Mr. Delafield the plain-
tiff afforded to Mr. (lye some pecuniary laminae°, is carry-
ing oa the affairs of tb Opera. No precise agreement, in •
legal sense of the term, would aeppppeaearr to have been came to
between the plaintiff and the defendant in referee°, to the
terra, upon which this assistance was rendered, and
hams those terms had to be gathered as best they could,
partly from verbal statements. as to which the evidence oa
either side was conflicting, end partly from the letters which
from time to time pared nitwits the parties. These let-
ters are very voluminous, and it is impossible to more than
select such as more directly bear upon the point in issue.
The first letter was written by the defendant on the 10th of
February, 1851, from Berlin. 'The material parts of this
letter ran thus :—" I fear that you must long ego have
thought me very negligent, is not having before written to
give you some amount of my movements and proceeding.
For this I can anus myself by telling you that all the Royal
Italian Opera affairs are satisfactorily settled, bet I eon make
no excuse for act having soon afterleaving Ragland told you
in writing how deeply I have all along felt your most kind
and generous conduct towards me with regard to the under-
taking of the theatre—such kindness has made the deeper
impression on me for the reason I sever before was is the
eitaation to require such subdues, and to have then found
it at a moment when I did require it, and offered with such
total disinterestedness, caner me to feel tenfold grateful.
I must, however, repeat to you that never have I for one
meet thoughtof appropriating a farthing of the profit which
ought to belong to anyone advaseing money, but have
always inteedad to pay to you a proportion which I °mules
you ought to have, se well as, of course, a proper interest for
the money the time it may be employed. This I hope and
trust you will consent to. This offer was put forward by
the plaintiff as • sort of basis for the arrangement which he
inserted had been come to ; but the defendant alleged that
hie offer had not only sever been accepted, but that the
plaintiff, until • quarrel took plan in 1860, declined to take
any advantage on account of hie assistance. On the 31st of
October, 1853, the plaintiff suggested to the defeadaat that
in case any accident should take plow to the defendant, who
was then going abroad, he should make over the theatre to
the plaintiff and Mr. Thistiethweite, who between them
had advanced between 12,0001. and 13,0001. The
defendant to comply with this request os the
7th of November, 1853, wrote the following letter : "My
dear Colonel Kuoz,—ln case any accident should hippos to
me on the journey to Germany, which I em going to take
pert week, I beg Signe you this seknowledgmeat of your
claim, as also that of Mr. A. H. Thistlethwiute, on the pro-
perty, debts, lease, he., of the R. L 0. Covent-garden. and
authorise you first pay thsliabilities of the theatre, that to
the money you have in the om p yourselves ens
and then to hand over the Wes to my wife:4
In part reply, se it appeared, to this the plaintiff, in a let-
ter of the fith of December, wrote as fellows " Yon, I
fear, have quit* forgotten your promise to me, that an ab-
stract account of cash, ha, should be made out, debtor sad
creditor, because the books you gave me to look at are
worth less than Dothing. I gave the letter you sent me
before you went to Botha to • man of business, but he in. I
forms me it is of so use whatever. What I am moat menus
about is that we should have a correct statement of the
accounts, and when I have that and have gone into them it
will be for me to judge what steps I shall take for the
future." In sneerer to this the defendant wrote the
fallow-
ing latter " You ask me to put in writing bow the business
la to be conducted for the future. How can I do this?
You know how happy I should be to do whatever you like,
and whatever is fair and proper, bat I do not under-
stand on what basis you wish. Pray remember
that I have never retuned or hesitated to do any-
thing you have wished or suggerted, which the
tenor of your letterer yesterday would lead any indiffe-
rent person to suppose ; any arrangement for the future is
• matter for discurioo, for I do sot us bow I can lay
down any myself. If I knew what your wishes were—whe-
ther to remain or to leave the concern—l weld thee, at all
sweats, suggest my owe ideas.; but I do not. When last we
spoke on the subject here, before I went to Paris, you spoke
of leaving the speculation altogether, and said it was best to
know when to make a first lose. Whatever my own opinion
may he of the hopes of the future chalices of the prospe-
rity of the Opera, you know I have at all times abstained
from saying anything to persuade you to wry it on, and
lately have scarcely ever mistimed my own unman. Much
u I should regret your leaving it, however, I candidly oon-
fees that what has occupied my mind more than anything
else niece yesterday is the coejectures as to your reason for
your great change of feeling towards me, and my utter
;gunner) of having don* or said anything to deserve so
great a change ; my feeling was, has been, and always will
be, one of deep gratitude to you for the Mod and Dunked-
for act of assisting me in first taking the Opera on my own
shoulders. This feeling has ripened into one of sincere
affection fer you, which has never for one moment altered,
and therefore I would
thought or deed, have ever even couteroplated doing any-
thing contrary to your wishes." The next letter which threw
any light on the question was written in March, 1854.
On the 28th of that month the plaintiff wrote as follows :
" After our conversation of yesterday, and from other cir-
cumstances that have come to nay knowledge, I think the
time has arrived when I should be informed of my position
with you. I must therefore beg of you to redoes to writ's*
the terms on which you propose to conduct the R.
I. 0. for the season of 1854, sod 'as you told me it
was positively necessary you should have money for that
purpose, 1 wish to be informed from what quarter and from
whom this most important ingredient is to oome. It is ne-
cessary I should know for myself and Thistlethwaite in
what position we are to stand io any new arrangement that
you have made. I should also bring under your notice that
the amounts of the yews 1851, 1852, and 1833 aie not yet
closed." In answer to this letter the defendant on the
saute day wrote an follows :—" Your letter just received
has given me the deepest pain. What have I done that you
adopt such a too, towards me—whatcircurnatantas have come
to your knowledge ? You speak of arrangemeete I have made.
What? I have made no arraegameuts. Tomah mein what posi-
tion you are to stud. In any you like :—what can you
mean by such a letter? For God's sake come and see me. or
I will come and sew you, and if you have any wish that it
is in my power to comply with, you ought to knew you
have only to express it. What took place epos this letter
was not very apparent, and matters seem to hare drifted
on in the uncertain and vague sate in which they then
were. Tha point at issue was not touched upon in
the correspondence until the 17th August, 1855, when
in answer to an application by the defendant in reference to
a bill transaction the plaintiff wrote upon the subject of the
theatre as follows :—" I am at the present time paying
about 1,0006. a year for this dreadful bad concern out of
my income, sod that is a demand upon any pocket I cuter
to you I dislike very much. I now just mention to you
once for all that I trust before next year the limitless will be
sold, and we shall get rid of all responsibility and bother,for
it comes to this, I lUD the only person shot at, for as things be-
come worse I am the penes that in theend will suffer most.'
Is October. 1855, the theatre was let to Anderson, the
Wizard of the North, for • short period. That person, con-
trary to his agreement, gave • masked ball in the theatre on
the 4th of March, and on the same evening the theatre we.
burnt down, with a total dainty:dim of properties, he., to
vela
the of upwards of 45,0001., the insurance beteg for the
sem of 8,0001. °sly. The defendant engaged the -Lyceum
Theatre for the purposes of hie opera during the maroon of
1836 and 1837, the artists being induced to accept reduced
malaria' opal, as the plaintiff stated, his npresentatioes.
This statemeut, however, was totally den ied by the defendant.
Is 1857 the defendant obtained a new law from the Duke
of Bedford of the site of the present Opera-house and
Floral-hall. During the progress of the negotiations for
the building of the new theatre the defendant proposed to
raise • portion of the money required for that purpose by
contributions, which were to be secured by a mortgage on
the building, and informed the plaintiff of his proposal, in-
cluding hint ID the calculation of the amount to be sub-
scribed se • contributor for 3,0001. The plaintiff, however,
was unwilling to coetribute, stating that be woe then short
of money sad had lost too much already. In a letter
written by him on this subject on the 14th of September,
1857, the following purges occurred, "Now that we ere
on the subject of money, I must tell you I should a little
like to know how things stand, as you must re-
member I have had no account of things since
the theatre was burnt down, or Memel for the
season before. I did not like to trouble or bother
you on the subject last year, as you had No much
to think about. But you must remember I as the only
person who has a stake io the busbies*, sines poor old
Whistle's (Thistlethivands) death, and if the bit of paper
that Tamplin has is good for anything I think ha, in we of
his death, made over half his interest in the money be had
'deuced to myself and the other half to you. Now, I
gave you to understand I would not go in for any more
esseey. Yon must get smite good man of mosey to come
n with you or you cannot go on. You cannot I am sure
wish me to commit so great an isjustice to
my boy ; indeed, it is • subject of great distress
to me the extent I have involved myself. You
would not do it yourself, and have not; and remember if at
any time it should tuns out well. who is the pesos who will
have all the adnotagee Why, yourself. I have made
great sacrifices for you, because I wee anxious to see you
pan through. If I lad consulted my owe feelings I should
have taken what I could get when the theatre was burst
dews, beams I know one usir and usual than wseue.s

money— 8,0006 from the Insainnes Office and 7,0001. the
disputed money paid on account of her Y. T. lam sure you
cannot but do me the justice to say I bays been unselfish in
the busses. For who of all your friends or mine
has given you one shilling, or stood the shot but myself ! I
will not go on any longer. . . . You must not
blame me if you are in a difficulty, foe I never authorised
your sending my name in as a shareholder." Shortly aftet
this time the defendant became seriously ill. The draft
security to the contributors nir rebuilding the theatre was
prepared during this illness. The plaintiff's name was in-
advertently inserted as • contributor of 5,0001. He never,
however, paid any money as a contributor ; and in • latter
sulsequeutly written he formally disclaimed any ad-
vantage or interest under the deed. The now theatre,
which together with the Floral:hall cost upwards of
100,0001., was opened on the 15th of May, 1868.
In a letter of the 14th March, 1859, the plaintiff wroth as
follows :—" As we are pow on the subject of money trans-
actions between us, I think it better that we should ham
a settlement in full of all money matters, and 1 am most
anxious on this point, as it has coos to my knowledge that
you have told numbers of paresis that I directly or
indirectly had anything to do with the theatre. All 1 can say
is, I only wish this were tine of any sort or kind. I bare
felt sure for moms time put that I was to be quietly %awed
in all that I had done for the theatre sad you personally.
I feel much pale in having to write the. plainly, but I
am obliged to do so for my own interest. The
answer of the defendant sustained the following mange'
" You say in your letter that it has come to your knowledge
that I have told numbers of persons that you never,
directly or indirectly, had anything to do with the theatre.
I entirely deny this. I have often said that you were nee
my manor in the theatre and that you had no speedatien
in it, and on more than one minion I have takes advantage'
of the opportunity to state this to persons who have spokes
of you as such, knowing how 'timely you have for years ad
premed yourself against each an inference. To pans will
whom both you and I are intimate, I have newer hesi-
tated to speak with gratitude of your kindness in
the money you did, and of the great disinteras=l
your determination never to reap any advantage from
IL" Oa the 25th May, 1860, Wesel Knox wrote, "I camot
mikdeetly express my disgust at the way you sedemour
to feels the medial at Mae, sod the cool off-bead way is
which you attempt at the end of your last letter to
mem having any interest in she theatre. You talk 111:37;
assistance in money matters which I have afforded you in
the time of the old theatre. Am I to understand by this
that you wish me to andantes:ld that my interest win burnt
out with the old theatre! I have shown you, over and
over again, that 1 did not consider such to be the cam ; sad
as I know how carefully you keep oorrespondeace, will you
be so kind as to turn to my letter of Sept., 1857, dated
Hyde, in which I dieted that I did not intend to be a show
bolder in the new theatre for 5,0001., as I had so
large • stake already. I do not admit this to
be ea, and I can peeve my are. You imagine I
have quit* forgotten the terms on which I become
connected with you. I have not ; but I will not sow go
over all that passed during ten years of snob connexion,
sad all the personal sacrifices I have made ; it is enough for
me to say, that as you have by your conduct severed such
connexion, it only remains for you to come to • full settle-
ment of all our money transactions, and then, and not till
then, will I resign my claims upon the theatre and yourself
as its director." The bill stated that io 1859 and the begin-
ning of 1860 the plaintiff became much dissatisfied with
the conduct of the defendant, hum his having formed the
design, which he subsequently attempted to cony into
execution, of excluding the plaintiff flan all share and
concern in the new theatre. This dissatisfaction came
to a crisis In May, 1860. Colonel Knox, at
the opening of the mum, received " ivories" for a pit
box from the defendant, who mentioned that, as there was
• run for the pit boxes that year, be feared he should
'mistimed be obliged to ask him to change. The plaintiff,
is acknowledging the receipt of the "ivories," said 'it is
not necessary for me to say that I am at all times most
willing and ready to do anything for the advantage of the
house by giving up or changing my box." On the 11th of
May Mr. Gye sent the plaintiff a first tier box hi place of
his usual pit box, which was let for the evening. The
plaintiff refused to change, and out of this arose • dispute,
which ultimately ended in the present suit.. The plaintiff
at first sued the defendant for 21,0006, money
doe and owing, but this action was afterwards aban-
doned and the pressed bill filed, alleging that
a partnership between Knox and Gye existed, and
ram
dfeeLadcctio:itatesnyand otheenrii4cidentatilizelieft.a The d
that ie;
the course of the several transactions which had taken
place between himself and Colossi Knox the better had
steadily refused to take any share in the concern aspartner,
and bad always denied sod repudiated any such petition not
only to strangers but to himself and to his soluntor, Mr.
Tamplin. The assistance afforded by the plaintiff was in
fact thus reduced to a mere money demand, if anything,
nod the bill fora partnership could sot lie.

Sir H. Caiena, Mr. Giffe;ll. and Yr. Lawrence were for
the plaintiff ; Mr. Bolt, Mr. Hobboadie, end Mr. Martindale
for Mr. Gye.
The

in giving judgment, said this wee
one of those amen which forcibly impressed upon his mind
that which was already there from lie experience both at
the tar and on the bench, via., the theessity, appal": Ily
where persons were bound together by ties of friendship or
relationship, of putting all traosactions and engagements
between them intelligibly into writing. If that bad been
dam here, the litigation, the ill-feeling, and the positive
doubt (which must attach to the relative positions of the
parties) in which the case wee enveloped, would have bees
dope away with. In commencing a review of the evidence
which bad been adduced, he would first clear away au ob.
serration which had been urged with much force by the
plaintiff's counsel. It was said what possible object could
the plaintiff have had in advancing his money if it was not
to secure for himself a pert erthip? It appeared to his
Honour that a sufficient answer to this wag to be found in
the fact, as to w hi& there couldbe no doubt, that gentlemea in
ea influential position in life might well, and very properly,
feel that they were only fulfilling the duties incidental to
their position in extending so far as in their power a foster-
aid to the cause of music—an art which had not un-
justly been supposed to exert no small influence in refining
and humanising our fellows. In this as it seemed there was
quite a sufficient reason to account for the course which the
plaintiff had taken, without going into those suggestions,
of which, perhaps, somewhat too much had been made, that
the plaintiff desired to iticreath his own importance by re-
presenting himself, or holding himself out se the pekoe of
the Italian Opera. His Honour then went at
great length through the variona lettere above
set out, and through the evidence given in the
canoe, minutely commenting upon it. He adverted parties-
lady to an important conference which took plain with es
femme to Mr. Thistlethweitl'a will. In the preparation of
that, a recital was introduced that Colonel Knox was a
partner in the Royal Italian Opera, but the colonel, epee
this being read to him by Mr. Tamplio, the solicitor who
prepared it, protested against the recital ee incorrect,
stated that be did cot hold, and never had bald, himself out
as a partner in the theatre ; he had done what he bed with
• view to benefit Mr. Gye, and had touched, nor would
toue)i, one penny of the profits. The plaintiff now said that
he did not intend in that interview to do more then protest
vilest his being supposed to have entered into liabilities of
which he did not know anything. The upshot of all this
evidence, vague and unsatisfactory an it was, however, ap-
peared clearly to his Honour's mind to establish that,
whatever Colonel Knois rights as a creditor might
be, he had failed to establish soy partnership
between himself and the defendant, and the bill, so far as
it sought to make oat that case, must be dismissed. The
best course for the interests of all parties appeared to be
this : to allow the case to stead over until the second day
of the next sittings, with liberty to the plaintiff to consider
whether he would amend his bill,and praying only an aoouunt
of monies advanced. This would give time for his adviser,
to consider what should he done, and might, it was to be
hoped, avoid unsieceseary litigation. The plaintiff must psy
the costa to the hearing.

October last an extraordinary usual meeting of the com-
pany was held, and a such mustiest • certain Resolution
was put carried by • show of band', when a poll was
demanded. Upon Ois poll beim taken, it was necessary
that the votes and proxy papers should be examteed, and
Mr. Edward Hall, a shareholder, and thee ma unlike of
the company, was appointed scrutineer. Wheat Mr. Hall
was examining the papers she pissed the proxy gape,. held
by the dissentient shareholders; but, on combat to those in
favour of the board of directors, he proceeded to narrowly
examine them, and he then suddenly placed them in hk
pocket, exclaiming that they were =stamped, and there-
fore illegal, and that as en o&er of the Inland Revenue
he
shouldnot riv. them up. The cempany bad written to
the Inland Revenue authorities to seed they would &clue-
ledge Mr. Hall's seizure, or whether they would die-
claim his conduct cud would order the restitution
of the proxy papers ; and the result of such ap-
plication was • letter from Mr. C. Hay, stating :
• I am directed to inform you tbat Mr. Hall is connected
with this department only as • collector of the taxes of St.
Pancras, giving security to the Crown for the due execution
of his office, which is an annual sae, and that be was not
authorised in stating that be seised the proxies alluded to
uan "officer of Inland Review." lam further to state
that the proxies have not bees handed over by Mr. Ball to
the ulicitor of this board, nor has say communication been
received at this office front Mr. HIS upoe the subject. As
Mr. Hall has not acted under any instructions from this
department, and the annual appointment of collector which
he holds did not give him any authority to take the step
adopted by him, the Board of Inland Revenue cannot order
him to realms the documents, but must leave it to the
company so take such measures in the matter as they may
be advised."
Mr. D'Eyncotut panted the application.