The Express.
London, England, 1848-12-18 00:00:00

s.----------.
Brum was that it was not necessary, m the mounts (void
be taken under the order in the mime. AM:4W objection
wen that Vice-Chancellor Kaight Bruce Marred the matter
be a ciffeest meat r, so that all that has been almody don
nine
would be melee at this order me to stand. He also
leaded that th• cabs of this beak did not ems* welds the
c;*eitelio, es of the act, whisk apsPe ssed hY the woholltwa
t° tho Poloiess sate of 7itBit 9 of Viet., for
fieditating the diesolutlin of railway ecosposien to apply to
rem that were carrying Oa Wiliam& at the time of
for the ceder to wind ay, whereas this time
hod owed to do soya estows ever since 1842. He
seateedmi that the eo petitioners who obtained
tbe Vico-Chasoillee's lOW bad not a qualifying interest in
the beak. Ose was the widow of a shareholder who had dis-
posed of his ahem t soother was a director of du company,
semi iletendest is she ...ma" Desna tr. BMehopei" the
third wee • Mast of five shame, sod was isspr4-
WiedsesjeMed is Me petition with the director and
is the ism" is which it wee sought
St mite tho deissisisle peramally liable as being charged
Wilk Mori is their owneesest. TM proceedings is that
Moo woad be Ojoriendy affected and embarrassed by the
Wikeeeee seised* Vise Chancollot's ceder, which we/ ap-
plied ke NM obtaised for that very purpose. It would, at
all meets, be proper to inquire first, before my step was
ieWet es the order, how fa it would interfere with the owlet
ti she ear" et which it ,rid not, nor did the petition, take
my wort',—The Lord etuusesller, without hearing Hr.
Saga sad ether counsel se the other ids, said he had not a
des* as the aosetriusion of the Aot of Parliament, that it
to this ogee. The eirowastanow of this bankin
applied
agispasy, es stated, wide it owe of those cases contemplated
by the prosiness of the act. It wee possible that the refer-
owe under the order to the came, may be bright to • ter.
abatis' before the order is the petidown' seas be tarried
lass esneatios, but the rehires, wider that order will super-
sede farther proceedings is the Moreno is the owe, ashes
the wart ia Its discretion thought it peeper to lawless. Me
lordship wee of opinion that es order 1111C4 petition is this
sad the latter eases onis good erawakst, sail. he armed
the Vise Chancelioe's order.
---,

COIJILT OP QUSEN'S 111114C1L-46211109.X.
gm Pius et Owl Domes end assawas tary.
WIGAN 0. OADDISIO —ACTION le *Smelts A Psis-
lignutan's SAL/LT.—Mr. M. Clambers, Q C., and Kt%
well enamel for the plaintiff, and Mr. Archbold
I*ler the defendant. This was en setias brought by
11 known esnedian, Mr. Alfred Wigan, stabs' Mr.
Charm Gadder", to rewriter the MO of 201. due to thapiris
rifler two week's eslary;iefitair erfornsing at the Ipeetina
Mints. The den...dant that the plaintiff wee ma
entitled to recover the 201.. Is limb's refused to set in •
piece called '• Gun Cottts," which was played fee • feet.
night, and, therefore, stoat( to thiatrical regulatioa, be
had • right to stop the plaistin salary foe that time, the ago
elusion te leg in the character of • flair—Mr. net in
stating the can to the jury isid, that if soy them were
theatrical men they tenet be well acquainted with the
name of Alfred Wigan, the comediaa. He might say
he was not a rising actor, but one wlio had already attained
sensiderable celebrity ; he might also add that, in holding
up the mirror to satire (in his peculiar line), no actor who
over walked the sage excelled the plaintiff'. Tbe present
action was brought to recover two weeks' salary, being 201.,
and that circumassaes aloes spoke for the reputation of the
plaintiff. The parts which itr. Wigan assumed wan those
of light and ICOlllt6O comedy. Tts defendant took the
Lyintunt Theatre for the mouths of Juee and July, 1847,
which wee a short time previous to its passing into the hands
• and Mrs Charles Mathew,. Oa his taking the theatre
be swaged the plaintiff at 101. • week for two months. The
batssal written contract was meowed into between the parties,
ait did sot contain say specille terms as to the parts to
IP4 played by Mr. Wigan, his line of acting being well
'mown. The coolest wee as fellows " Mr. Alfred Wigan
is engaged by Kr. Cho
Guide/sr far a period of two somas
at sudsy ol la • week, dated from Saturday, the 28th oh
June, 1847." Coder that contract the plaintiff sated
soot e pier, called "Gas Cotten," come out. •• Gan
Cott= " was patio relisnal, bat prior to that Mr. Emery,
the stage manager, swooned the parts; Ott* that of Alfred
ltuattki to the plain itf. Mr. Wigan found that this was
merely the character of • walking gentleman. No doubt the
jury knew whet war seat by • walking gentleman: he had
to walk on the stage, wet soma flee sentiment, or silly ex•
, sad walk off again. The plaintiff, therefore, le-
Listmtio ploy this character, on the mord th.t it was nu:
waited to his, end would only
Mx. tend to injure his reputation,
sae fitly' it was played by •• Johnson. The The, fur MUM
01 " teas Cotton " was nearly as rapid as its exp l osi at
the end of • inetnisikt it went off altogether. During that
fortnight the plaintiff played la a re, called " Mar-
gearette's Colours." yet toe that tame
ifs Mr. Go:Muer stopped
salary for refusing to perform in "Gun Cation." There
was no mention in the contract of • power to fine, but the
ground on wh.ch the defendant now rested his came, wagon •
pretended uniseml custom is the profusion, which gave a
slimier a power to tine. He (Mr. Chambers) eontesded
that this custom was not universe ; it might he true that
arbitrary tines had been inflicted on an sc'.r, whose fame
was not already woe., and therefore was obliged to submit,
being dependent ups the theatre in which he
Mute and frets his little hour open the stage,
And the is heard so mon
fearing that he may he seen ni more: but the actor who.
like Mr. Wier', was sure of being seen elsewhere, would
not yield to so unmet a proceeding, sad therefore he came
into court to obtain that verdict at the band. of the jury
which be (Mr. Chamb-r) trusted they would give him.
The first witness called was Mr. Samuel Hasty, who was
examined by Mr. Aspland. He stated that he knew both
the plaintiff and defendant, and was the attesting witness to
the contract between them (The contract was then put in
and read )—Crosagsamir.ed by Mr. Archbold : Witness was
stagethansper at the Lyceum is June and July, 1847. Th a
ettareeten payed by the ittabitSdiaing that tittle WelaTUiolll.
Remembered a piece stied "Gan Cotton" being advertised
in the bills. Toe part which witness assigned to Mr. Wigan
was that of Alfred Amble. Thought it was a proper part
for Mr. Wigan to act, or he would not have usianed it to
his. It was a part that plaintiff would have played well,
and was worthy of kiss Al tied Amide was • medical stu-
dent who was to imitate bad German and worse Enacts.
Kr. Wigan ujectid the part about • week before the piece
wen among oat, in consequence of which it was obliged t
be postponed and anoth. r piece sulfttitutod ladled the " Mo-
mentous Quetion." A Mr. Johns n afterwards undertook
the pert. Witness was of opinion that in Mr. Wigan's bands
the thanes of Alfred Jumble would have been effective,
end it might have become a stock piece. From the time
M. Wigan refried to play in "Gun Cotton" witness be-
lieved he pertormed in apes called " Miuiguerite's Colima"
—Regurnined by Mr. Chambers: The plaintiff sever
appeared in the part of Alfred Jumble. Witness did
not communicate to Mr. Clanderee Mr. Wigan's refusal to
act, but he did to Mr. Lawrence Levi. the treasurer.
He told him Mr. Wilms ought to have played the character,
and was liable to be Iced for not doing so. When an actor
refsed to play • part, there wereverious rules at various
theatres with regard to tieing Lis ; but they, were no rules
on that subject at the Lyceum. Witness had refused to act
many parts, end wuuid do so again. Where there as roles
At theatres fir eat. Trine fines, the coatracts entered into
with the actors refer to that fact. Mr. Wigan acted "
at the
Lyceum after they had rasedd to play ,•Gun Cotton. The
plaintiff did oot admit to wits" or in hie hearing, that if
he had known what the part of Alfred Jumble was, he
would have acted it; but witness bed hear so front other
parties.
Mr. 'thaws, examined by Mr. Chanthers.—Witams was
=airman who undertook to play the part of AVred
. There was no bad German or worse French to be
spoken in the port Alfred Jambi, was not • German sta.
dist, but a student is disguise of • Gersea.
Lord Denman.—Weshe not to speak bed Gorman /
Witoese.—No, my lord. He merely threatened to blow up
an old men wi b gun-cotton, and inducer his to give uplift
daughter. (Laughter.,
Exantination continued by Mr. Chamber,.—The author
of " Gun Cotton " told witness that he had written the part
ot=homiele foe him. It was the part of a walking
, and nothing more. Accordine to witaloles judg.
mast. it was sot • suitable character for Mr. Wiran to per-
-111101. The plaintiff was a " dialect actor," and the part of
=Jumble did not afford any scope foe the display of his
—Cressexamined by Mr. Archbold: In the piece,
witness had to repftsect to en old linendrapeir that he had
ecthe from Germany with a patent foe gna cotton. Witness
did net say this in German or French, but In the beet
Nagnifel he soul&
Denman here otwersedlis did not see that, as Mr.
Jimmy 'iodinated there woes so rules as regarded final at
the Lyman, what answer the datheident saki make to the
midis
Mr. Archbold replied that he could be able to prove the
pies toned " Marguerite's Colours" was apt played during
is thit of "Gun Cotton," end (se we understood) that the
plaintiff bad absented hamesif Otani the theatre during that
Lt.

ns seat witness tolled was Mr. Leigh MUTTS,. and er.
Mini by Mr. Asp Mad. Witness timeshared the piece
sad " hisroui.rite's Colours " being payed at this same
Mos with " Gun Cotton." Witness saw the part of Alfred
Amble played, and considered it a proper character for the
although ha should describe the part as that of a
=trisinaa.
an—Alfred humble was a nocerful lover
Wilms—Yes, say lord.
Cracwountined Archbold—Witness has no doubt
sithaathor that " Oua Cotton" and " Marguerite's Colons "
wan 1011 played oa the same night.
Mr. itsbert Kerley, ozonised by Mr. Chambers—Witness
wee loess of the Lyceums theatre three years owl • half.
Thongs as regarded fines varied at different theatres. Wit-
mer base rules on this subject lathe Lyceum.
Lard Deasan—Da you cur flue ?
The whams at first answered in the negative, but sable-
=xi& le bad ea ow oeuelos • Seek bat
whereof the "nary.
Lind Dames—Tee des% bass whether Alfred Jima
was • peeper elarewee foe the *bat&
Mlisser—No, my WM.
Mr. Arebbold Wes addressed the jury on behalf of the is.
sad wsweriol that the part of Alfred Amble was
OM et the best is the pies', sad that, at say rate, Mr.
1:C swill haw said. it the beet, sad the Owe, lowed of
a Weight,
_would have had a lasi res. It did sot
ogres' that Kr IF. isaa bad played at all daring the tact
week of Illettes," foe the aviaries gifts by the wit-
nesses reined ma the seemed wok, sad they did sot mew
thstiethrree were played es the rem sight.
My loci the sot celled ems ham vibe had sees
Maple" " tea Colours" atwthattine t Hit wall
all Ware the two shames, ear et whew wield tail
Show it wee the .eereal wawa to list esker who retired
so play paw allotted to them ; wi the other would depose
to Ow list el XL WiAlla'll harks said, it he bed Mews
what the chanothr was, ha would havissyed it.
Hs. Bas Cooper wee this called. He stated that he had
bees lessee et oae ot two of the miner theatres, and it was
always kis serlds Wore ela their Weed to play