The Express.
London, England, 1865-12-23 00:00:00

LAW INTELLIGENCE.

(THIB DAY.)

COURT OF QIJEEN'fiI BENCH.
• Prius 'Maim at Guildhall.-113efore the
OW Tarn NW
'el • unt • per:44
L Olu Justice .• 8 Jury.)
siogoiterolln V. sornelut.—LOßD DCNDIMARY IN THU
WNW'S MINCH.
ila fel an action to recover damages for a breach of
worgt. The defendant pleaded various pleas, and amoaget
Wero Hiner.
gr. gorjsant Bellantine, Mr. Field, Q. 0., and Mr. Wiles
weasel for the plaintiff ; Mr. &Rill, Q.C., and Mr.
, ,ge
. gary Jones were l for the dendant.
yb, plaiatiff is thecounse proprietor ofef the Prince of Wales
Now, and the defendant is the celebrated actor, " Lad
Ivesasary ," The latter had entered into an engagement
E ste Hr. Swenborough to perform at the Prince of
s.olr,heatre in Birmingham for 17 nigh* but he failed
„boo. A second engagement was then entered into, sad
performing four or five nighta the defendant deelinal
.-srly oat the remainder of the engagement, and the
tsciff had brought the action to recover compensation
the lost he bed sustained in consequence.
ifs plaintiff deposed—Early in March I received a
ow from Mr. Sothern, dated the 13th March, stating that
• sod perform foe seventeen nights. I had previously
oged from the defendant defendant, note. arid on
Ligi March I wrote to the saying that I had
weed his engagement for 17 nights, commencing on Sept.
19 ma ending Oct. 7. to May I received • telegram from
Vaiefendant to come to London and meet him by appoint.
put at the Cafe de l'Europe. Defendant said he had
rya mistake this time and had got himself into • diffi-
. o. It was no use his writing to me because he thought
• iatarview would be much better, as he bad
wlosad who was another engagement
he f the same time as mine.
/said Mr. Henderson, of
Liarpeol, and that he had threatened him with an
wiee if be did not fulfil his engagement with him.
1 sgl, " I understood you and Headsmen were so
singly that nothing of the kind could take
Mae He then said that if it ended so he
wild never play for Henderson again, for he had
t him a great deal of money. I mid, " I manot
ph
• y put off the enpgesseat, Magma& as it is the
you have ever made with me, and you are perfectly
aware that the people of the district have not seen
. " The defendant replied, " Well, I was thinking 1001.
re. wild oompsmatt• you." I maid " I cannot take 3001.
to I conbdeatly believe this will be the beet engagement
efl have ever had with me, but if you oars possibly give me
Wee I maybe Wet* postpone it;" he Tilted that he could
gt ha any date, and upon that I mid, • You must settle
OW Henderson ; I cannot waive my engsgewent." He
see me a glass of sherry and a very fine cogar, and he
01, "Well, then, rely upon it, old boy, I'll play for you."
ogghter.) It was arranged in • former letter that the
• dolsedant should appear is David Garrick. I made pre-
for pe emie= for the defendant's appe
rotAer Sarance. lam from receivedaketehes
dal scenery for B the
hleadant, and also; a draft playbill. I adver-
ts/A Mr. Sothern in the usual way, and had
sews of "Sothern as David Garrick," on rainbow ,
I vested all over the town of Birmingham and the bow-
-1
! lood. I also underlined him in the playbills. Ms. Sothernl
ma to take half the gram receipts, and I was I
to pay the expense. out of my half. The
I emery, in accordance with the defendant's skebh,
out about 1201., and the properties between
V. and 401. I received a telegram from the defendant
I from Plymouth stating that he had not been properly
gvirtioid, and therefore his engagement was null and void.
ii 1 replied that he was, and that the box plan was open, and
Linurired for the posters the defendant had promised to
I afterwar& received them. On the 19th
September (the day Mr. Sothern wait to open) the &feu-
dist's agent went on the stage to rehearsal in the middle
of the day. The first piece of the evening was a rehearsal,
sad it bad concluded before Mr. Sothern arrived. Mr.
Clifton, the stage manager, was sent to the station,
sal same time after I was called to the stagedoor.
Mr. Sabers was in • cab, and • large crowd
lad assembled around it. 1 asked him to come into my
room, and I was at least ten minutes before I could per-
vade him to do so. Some people would not go
ate the theatre in consequence, and others came
oat to know what was the matter. Whilst in
the cab Mr. Sothern said he was too hoarse to per-
form. After he got into the theatre behind the mosses
I eked him if he could not by possibility appear, otherwise
it would be ruinous to me. He said. " How can I posaibly
appear when lam so hoarse?" 1 said, " Will you come
before the curtain with me and show the public that you '
we here, and let them see that it is no fault of mine?" He
replied, " I will not make en exhibition of myself for you or
anybody else." Mr. Motion, mysage manager, said, "Surely
you ought to have some sympathy for Mr. Swantariough."
He mid, "I have no sympathy with Mr. Swanhorough's
theatre ; my sympathy is with myself." I then said, "Will
you or will you not make an apology to the audience? He
aid, " No." I then called a number of my company. and also
Jr. Andrews. the defendant's agent, around me to witness
Wail should hold the defendant answerable for any. damage I
night sustain by the act and about to do—viz., that I
weld return the money,hat I would defray the ex.
=they had been put to in ooming to the theatre. Mr.
said—" Ob. if that's the case there is an end of
the matter," and walked out of the theatre ;" be mid that in
ivory good voice, I never heard him with • better
yoke. During the conversation he was • little husky.
!returned the whole of the receipts and about V. His. for
"dead heads,"—free admiseions—who took advantage of
the occasion, and gut paid • it caused great discontent. I
get more from the district—the black country—than from
the town of Birmingham. The company were diseatisfied,
and said it was humbug. I saw Mr. Sothern the following day
at is residence, Arbour-road, about 11 o'clock on the morn-
ing. He was writing andsmokingacipx. He said, " Ah, 1 am
very glad you are come, I am going to being an aetios
.., Rama you." I said, " Mr. Sottisen, don't talk nonsense,
lam come talk business. Do you intend to carry. out
Iyour contract with me or not!' He said, ' 11l
not play under this engagement if it coats me
1,0001." He said, " Fechter arid Barnett have got over you
to barks my engagement." I then said "Sothern, how can
that be possible? lam more interested in the engagement
than you are, inasmuch as I have gone to a great
expense and have to pay all my salaries out of
my half, and you take • clear half for yourself."
Jr. Andrews and a solicitor of Birmingham came
is and Mr. Sothern had a long conversation with them
shoat the engsgement ; defendant said he was ill—hoarse,
sad that he would not play under the existing engagement.
I used I was under disadvantages—three to one, and one •
professional man. Mr. Martineau said, " poet think
I have been consulted before Mr. Swanborough. I
have only just been seat foe to commit Mr.
Sothern." Ide offered to withdraw, and I said,
"We will talk( it over without prejudice,"
and upon that be said be would rather talk it over
' amiably and settle the matter. I acceded to
this, and said all I wanted was for Mr. Sothern
to fulfil his engagement, and net break faith with the pub-
lic. Mr. Sothern said be had taken an oath not to play
wider the engagement, but he would enter tato a new
see. That was done, and he went with me
for a walk through the town, to show that he was there ;
he went and bought a new hat. (Laughter.) The de-
Indent performed, but the audiences were small,
and it was arranged "to paper the house." On
the sixth night the defendant said • paper house
was not like a paying house, there was always
a coldness about it. (Laughter.) On the follow-
* day I went to see the defendant at his hotel. He said he
' Ina too ill to play. I said, " Sothern, this i■ some-
thing fearful for me. 1 have papered the house
by your direction ; cannot you possibly get through
one act ? for I Ito not know what on earth I
shall do with the public." He said, "My dear boy
, I can't," and handed me • medical certificate,stating that he
. , mold not perform with safety to his health; he would
re.oire a fortnight's rest, and then probably have to undergo
ea operation. 1 said • What am Itodo ? I have no
pieces ready to play." Mr. Andrews said "I would
sever do that. I would rather stick a mop on
the stage and play to that." (Laughter.) Defendant said
"Play yourself, and Andrews will play for you." I said,
" That is perfectly ridienlous," sod entreated him to appear,
bat he positively refused, and desired Mr. Andrews, his
agent, to get the medical certificate printed and poet it out-
, side the theatre. At night when the people came there
was great confusion. There was 61. 16a.in the house,
and the people and the " dead heads" demanded their
money back. (Laughter.) On Oct. 5 I wrote to the
defewlaot, and on the 6th I received an answer stating
' that lay letter was incomprehensible, and it referred to
ether matters of no consequence. The expenses were 8:411.,
sad the receipts were 3991., leaving a loss of about 43)11.
atehttiva of 1,0001. I should have made out of the engage-
meat.
[The case was proceeding when our report left.]

nohAbl..ll.
01 :Sot/arm MuNDAY.
0.4613. Between S.W. and
5.8., strong, squally,
with some rain.
WISTIlltd. Chiefly south westerly,
strong,witif squalls,