The Express.
London, England, 1849-06-14 00:00:00

pronounce judimeat, and refuse him his certificate altoge-
ther, but would artj mrn the further consideration of the
c tee tor three TWO By the lapse of that time, another com-
missioner soigkt uotupy his place, and the bankrupt might
thus have another opportunity of °training that certificate
which he felt he had no power to grant.

SOUTHWARK COUNTY COURT.—YanzADAY.
Movie 0. Cue; Eam
LTON T. BIIMPHIRIT--.. OMITTING AN Act'On."
This was an action of some importance to the theatri-
cal profession, the question raked being whether the
manager of a theatre has the power of placing an
actor engaged for leadirg characters on the shelf, sad
requiring him to perform characters unsuited to him,
and on his retied discharging the party without paying his
salary, Mr. Lewis, of Ely-plate, appeared for the plaintiff,
and Idr. 6olonesta for the defendant.
It appeared that in March last. Mr. Lyon, who was per-
firming leading tragedy at the Queen's Theatre, 13irmileg
hem, received Intimation from Mr. Lee, theatrical agent to
the elefindant, that a vacancy was open to Lim at the
Surrey Theatre (of which Mr. Shepherd was lessee ),
and in consequence he agreed to act there at a salary
of five rounds a week, Including a benefi', &c. Tbe
ason, however, terminated at Ewer, but Mr.
Snepberd re-engaged him at the same ;Wary ; • but
a short time afterwards Mr. Anderson was en-
gaged as leading tragedian, and the tragedy of
"Hamlet" was announced, when the defendant requested
Mr. Lyon 0 enact the part of Polonius, which was not a
leading character in his line of huslneu, and quite contrary
to his engagement. The plaintiff refused to perform sueh a
character, but offered to play the Ghost, but Mr. Shepherd
made him " give up the ghost," end discharged him on the
hth of May. " Macbeth" was alto announced and plaintiff
offered to play ifamiuff with Mr. Anderson, but Mr. Shep-
herd wanted him to play one of the Witches. The plaintiff
contended that Polonius belonged to the " first old men,"
ard was a disinet line to that he was engaged for.
Plaintiff further stated that he attended the theatre nightly,
and now sued tor a week's salary, namely, 51. Plaintiff, on
cents 'nomination by Mr. Solomon, said that he had per
formed second-rate characters at the Surrey Theatre, but
only to oblige the defendant.
Mr. ffed amens here produced some printed rules for the
guidance of the actors engaged at the theatre, one of which
gave the manager power to direct any actor to amid is
dancing, sin,ing, or otherwise, whatever his part might be
in the theatre.
Mr. Lyon Paid he had seen the rules, but never read ducal
in fact be could not expect that they would affect him; they
could not expect Mr. Macready or Mr. Kean 0 abide by the
caprices of such a manager.
Mr. E. F. Saville was called, and in answer to the plain-
tiff's solicitor, said he considered the Ghost In " hamlet" a
leading character, but Polonius was an old man, and fit for
the first aid comedian. He had been eighteen years on the
stage, and never knew such a gentleman w Mr. Lyon to be
asked to take that character.
Mr. Charles Freer, Mr. Frederick Lawrence Phillips, and
several other tragedians, among whom was Mr. Daddear,
gave similar evidence, showing that the defendant had no
right to expect Mr. Lyon to perform characters contrary to
hie engagement.
On the part of the defence, Mr. Shepherd stated that the
enjesgemes.t with Mr. Lyon terminated whin the di'solu
tion of partnership took place between btmae:f and Mies
Vincent; but the plaintiff afterwards remained at the Mae
salary. He did not c3osider Polonius a second-rate charac-
ter, an-I certainly expeeted Mr. Lyon to have performed it.
Ha had played see ,nd- rate parts in other playa, and he con-
sidered that he (defendant) was right in discharging him
when he retused. The reason ho employed Mr. L en wee,
Aryan he was a useful man, and plAytd general diameters.
He also considered the rules binding to all the actor., irrupt
the stars.
Mr. Clive said that, limn what had transpired in evi-
dense, the only conclusion he could come to was that de-
fendant was wrong. He must, therefore, give judgment for
the plaintiff, with cats.

CENTRAL CRIMINAL COURT.

OLD COURT.-YESTERDAY.
SZTOki Mi. JUSTICE PATTISOM.
SACIIILE•11 AT

J. Standen, 35,;;;17iiieTeil Tiaciilegiously stealing
from the parish church of Kew an iron chest, a tin box, and
other articles the property of the churchwardens and
others. ?dr Clarkson prosecuted and Mr. O'Brien defended
the prisoner.
The robbery in guts ira was committed so fir back as the
month of February, 1845. The church, it appeared, wee
entered by false keys, and a luxe ir-n chest, containing a
quantity of marriage and burial registers, and ether impart-
ant documents, tut, u it happen. d, no property of any in-
trinsic value, was stolen. This chest also contained a small
tin hex, and the evidence against the prisoner was, that
shortly afar the robbery he had given that tin box to a person
named Tilby, who represented that ho at the same time odd
him that he had got it from Kew Cburch. None of the
other property had been discovered ; and it appeared that
Tilby had not given any ratetnent as to the manner in whi h
he became rosiest, d of the tin b,rx until *lO r he himself
bad been in custody for several days, and there was not the
slightest eorroborrion of his testimony.
The jury, without hearing Mr. O'Brien far the prisoner,
at once returned a verdict of Not Guilty.