The Express.
London, England, 1853-11-30 00:00:00

THE EXPRESS, WEDNESDAY EVENING, NOVEMBER 30, 1853.

lir. Barry's refusal to act. The truth of the matter was,
that M. !tarry had agreed to play for the nine nights far
the clear half benefit, the last night to be his benefit. The
first wi,nt ss called by the learned counsel was
Mr. Thomas li srry—l knee been a clown nearly all my
lifs—something like 41 years. Ever ChM the age of ten I
have been upon the stage. I had a few days on my heads,
and I thought I would go to Briguton before opening at
Drury-lase. I went to Mr. Levy, and proffered my ser-
vices for one week for half a clear Inuit. He said he
(emit not agree to that. I said, "What do you propose ?"
He said nothing. I said, " I will open with you on Mon-
! day, sad take half a clear benefit on the Wednesday, =sk-
i,' • clear nine nights' engagement." He said he would
give me the half clear benefit. He them said, " What are
you going to do the other three eights ; you might as well
play the week out ?" I said, " Well, if I bleak' be 51.
short in my benefit, I dare say you will not object to give
me that 51. for the remaining three nights." He said,
"It's all right," and away they went, and away I went.
I played on till the Thursday. On that day the printer pre-
seated me with a bill. I have frequently employed Phillip',
brit I owed him nothing. I gave him 61. 9s. for printing
bills for my benefit night. Before doing so, I waited
on Mrs. Levy, and on Mr. Levy's meaner, and asked
if they were going to pay it. They refused to do ito as Mr.
Levy was gone to town. They refused to guarantee the
payment of the bill, or half of it. I said I was ready to per-
form if they would de so. I have had several benefits in
my time. In the ems of a clear benefit, the est,* bills are
paid fur according to arrangement. In all my engagements,
the manager has paid for extra printi
ng of that kind. Mr.
Levy said nothing about deductions when the engagement
was made.

HJ Lord Campbell—No bills of W thntre were printed
annosacing my benefit. The extra bills wen not ineluded
is the W. 9s. I paid the printer 11. 21. besides for 1,000 day
bills. I did sot an Levy for that.
Croe.-exandaed—l told Levy I should older the bills on
the Monday.
Mr. Levy was recalled, and denied that he had been told
that Mr. Barry intended to print the bills. Mr. B irry had
said that he would pay for the extra bills if he (Levy) would
sot. _ _ _

Barry—l deny that.
Mr. Sesjeant Thomas said the jury must decide between
Mr. Levy and Mr. Barry.
Mr. Berjsant Wilkins replied.
Lord Campbell, in summing up, said the verdict of the
jury mast depend upon whether they thought the engage-
ment was for a fortnight or for nine days. He thought the
evidence preponderated to show that the agreement entered
into wet that set up by the plaintiff. It they found for the
plaintiff, he thought the damages ought to he exceedingly
moderate. According to Levy's own account they would
sot amount to more than about 71.
The jury, after consulting fora few Wastes, returned a
verdict for the defendant.

COURT OF COMMON PLR/a-YESTERDAY.
UMW QS AT 111111 FAITS UP -xo'oo CZ= TOTTICI

JIDIVIS, •RD • 001111011 SWIM

WILDY AND OTHIULS t'.

This was an action brought to roomer the damages sus-
tinned by the plaintiffa in coasequesee of the defendant
having pinned a work written by Mr. Ludlow, wader the
eireunastances stated below.
Mr. Bmjeant Belles and Mr. Wilke appeared for the
plaintiff.,n and Mr. Keating, Q.C., and Mr. litipson for the
t.
The plaintiffs are booksellers is Lincoln's Inn gateway,
in Carey-street, and the defendant is a barrister. In the
year 1618 parliament passed the Joint Stock Companies
Winding-up Act, the 11 and 12 Vie., cap. 45, and Mr.
Ludlow, a barrister, wrote and Menu. Menu and Norton
published an edition of this act with as introddction and
notes. In the next session this act was amended by the
12 and 13 Vic., cap. 108 ; and the defendant offered the
plaintiffs to edit the two acts. They accepted
his offer, and it was agreed that the plaintiffs
should have two-fifth,, and the defendant three.fißhs of
the profit, bat at the same tithe the plaintiffs mentioned
Mr. Ludlow's Book, and cautioned the defendant to be
careful not to infringe upon the rights of the proprietors
of that work. The defendant's book wee published, and
Messrs. Stevens and Norton soon sompleind that whole
pelmets, the lade:, a great number easels, te., had been
for.the meet part copied, and in Miser Meft'e, esly
i slightl6 altered from the teat of Mr. Imdiew's book ; and
they ed a bill iu Chancery, and prayed that all eoplos of
the defendant's book might be delivered up to be cancelled,
and that an account might be taken is the Master's ease.
This was communicated to the defendant end with his
armee the snit was settled in order to avoid the expense of
putting in answers and taking um aussiii i the Master's
office. Upon the settlemeat the *MO MI Is pay the
cots; and this with the expense to whisk Ow had been
put in bringing out the wash, anteentsi to 121. This
sum the plaintiffs naught to Timms fluor the dellesdant ; and
they also asked for something I. reopen of the profits
whisk they might have realised if May bad ban allowed to
go on selling the work; but the latter Item of claim was
abandoned in the course of the case.
Witnesses were called in support of this ease, and a great
lumber of passages from Mr. Ludlow's book and from
the defendant's were read.
_ _

The Chief Jostles (interrupting) expressel kis opisios
that the &feudist's book was slimly a piney upon Mr.
Ludlow's work.

—lei. Keating admitted that he could not further struggle
' with that point of the CM* ; but he contended before the
jury that it was not proved that the defendant had pirated
Mr. Ludlow's boa "knowingly sad falsely," within the
manioc of the declaration.
The jury found a verdict for the plaintiffs—for 254 f. 124.

COURT 07

r.-YurIZDAT.

WOW XL Colll=olo6lBl POSIILAXXVL
IN ti DOCOLM, ANDIRSON, MID CO.

The baatripa were sesehents In Old Broad.street.
The failure Mak pine in 1337, and debts to the anent of
1411,01104. wawa newed against the estate. la the Wirral
lee Anions hen Is.. paid, amounting to 4s. f/id. in the
TVs the final dividend meeting. It appears,
reset. he alienate a Kr. Pennell, the oSeial assignee, that
then is neat MX. in head, a stun too snuff to yield any
further dividend worth aanusg.
INSOLVENT DEBTORS' COURT.—lturzinAT.

essnsper st the King's cross sissies, ss it warn kis duty to
have dame o behalf of his muter, Mr. Wiggins, he kept
the amount. - - -

Mr. Parry, upon these facts, urged that the charge of
embezzlement could 0)1 be maintained. It was clear, he
said, that the prisoner was not the servant of the railway
company, and that therefore the count is which he was
charged with the COMI:16111011 of the offeaos is that capacity
was bad ; and with regard to the other although the ;m-
-eaner was undoubtedly the servant of Mr. Biggins, still he
cnsld net be convicted upon the count in which he was so
charged, because the money in point of fact was the money
of the railway company, and not of his muter.
Mr. Clarkson having been heard in support of the in-
dictment;
The Recorder said that at present he was inclined to
think that an indictment for embesalsment could not be
sustained upon the facts before the wart. It was clear,
liewaver, that a great moral fraud had been committed, and
IM AI set feel husself called upon to stop the case, but if it
obelhi become necessary he would reserve the point for
%Ethic wwwideration by the Court of Criminal Appeal.
Mr. Parry at once stated that he could not give any
answer to the facts.
The jury consequently returned a verdict of Guilty, but
sentence was deferred, in order that the point of law might
receive further consideration.

Upon the application of Mr. Parry, the prisoner was
allowed to e it large upon producing ball to appear and
receive thejudament of the court, if the conviction should
be held to be •good one.

COTTON.—Ltvanroot., Nov. 20.—The market closed
steadily, though flatter is tone th.o yesterday, and com-
pared with the rates of Friday prices of all kinds are un-
changed. The sales amount to 6,000 bales, including .300
for export and 1,500 on speculation, and comprise 5.000
Americans; 170 Penmen and Ilaranhams; 60 Bahia; 800
Egyptians, at 6d. to 9id. • 700 Sums, at 21d. to 3141. ; and
10 Be. Island, 21d. per lb.
MANCIIIISTII, Nov. 29.—There has again been a very
quiet market, with a very limited extent of business, whilst
prices are without any quotable change. The transactions
in yarn have been principally for Germany and India, and
one er two houses report a rather better business, but
they are exceptions to the rate. There have been a few
spinners disposed to ask rather higher rates, on account of
the decrease of production by the extensive resort to short
time at Ashtou, Hyde, Stalybridge, Glossop, and Stockport,
but the effect of these attempts has been merely to create
rather more steadiness. In 40-inch shirting cloths the
market has been rather more depressed, and the sales have
been limited, with prices rather in f of the buyer.
Other descriptions of cloth have been rather better sup.
potted.

WOOLLEN CLOTH.—Linos, Nov. 29.—There hu
been a lair average business done in the woollen cloth
market to-day, at steady prices ; and, snob being the case,
there is generally mere confidence, and a better disposition
shown by the merchants, who are entering more spiritedly
Into operations for the enacting season.

WOOLS.—HUDDIII3FIELD, Noy. 29.—We have a fair
demand for wools, and as prices are now considered to be
tiled, at least for a time, buyers are laying in stocks more
freely.

MANUFACTURES. - Ht

Nov. 29.

are no, disposed to socedi to a reduction