The Express.
London, England, 1867-06-28 00:00:00

COURT OF COMMON PLEAS.-JuNE 27.

Sittinga at Nisi Prins in Middlesex.—{Before Mr. Justice
Bytes and a Special Jury.)
'ALLEY F. THE HAUL OF CARDIGAN.

The jury retired to consider the matter, and were ab-
sent for upwards of an hour. In answer to the judge they
said that they found that Lord Cardigan had not been
actuated by any malicious motive, but they (watt. were
of opinion that the lettem enclosing the cheques bad not
been given to the plaintiff ; that Hayes had not changed
the note for the plaintiff, though he said he did ; and that
the plaintiff bad not answered the questions put to him
before his arrest in an unsatisfactory manner. They
added that they found a verdict for the plaintiff —de-
magee 400/. beyond the sum paid into court.
Mr. duatice Byte, said he thought that these findings
would make an end of the case, but as he haul already
intimated that he should reserve to the defendeut leave to
move the full court, he would do so.

Sittings at Nisi Priu, in Middlesex.—(Before Lord Chief
Justice liovill and a Special Jury.)
CHATTERTON V. BEEVES.

This was an action against Mr. Sims Reeves, the eminent
tenor ,inger, and the declaration alleged that the plaintiff,
being the manager of Drury-lane Theatre, engaged the
defendant to perform in the opera of Rub Abe, and that
the defendant failed to perferm his engagement. It was
further stated that in consequence of this the plaintiff had
sustained special damage. The defendant pleaded several
pleas, and among others that he was exonerated and dis-
charged from singing, and that there was a waiver of the
contract. Further, he pleaded that he became ill and un-
able to sing ; and that it was the custom when illness
happened to a public singer that the performance should
be put off, and that the plaintiff was willing to act upon
this custom, but that the defendant refused. . .

A number of gentlemen connected with the theatrical
profession were in conrt daring the proceeding., and
among them were Mr. Phelps, Mr. W. Harrison, Mr. B.
Webster, Mr. Buckstone, Mr. Stirling, Madame Jullien,
and Mr. Nlapleson.
Mr. Serjeant Ball/Mine, Mr. Joyce, Mr. C. Browse, and
Mr. Straight, appeared for the plaintiff • and Mr.
Coleridge, Q.C., 7,i. Mathew, and Mr. Montagui Williams,
for the defendant.

Mr. Serjeant'saltine, in opening the case, said that
it was one of very considerable gravity and importance' so
far as his client was concerned. Mr. Chatterton, the
plaintiff, was the lessee of Drury-lane Theatre, and he
had only recently become so, he having formerly been in
partnership with Mr. Falconer. He, however, took upon
himself the whole management of the concern. and of
course met many and serious difficulties in the career
which be chose to take, but among other things which he
looked forward to as likely to produce great benefit to him
was the engagement of :Mr. Sims Reeves. A year and a
half ago some conversation passed between the parties and
some intimation was given by Mr. Sims Reeves that he
would be willing to take an engagement at Drury-lane.
Some time in December last en agreement was entered
into by which Mr. Sims Reeves agreed to sing at Drury.
lane for twelve nights, for a remuneration of forty guineas
a night. This was a large sum of money, but he believed
that it was by no means larger than Mr. Sims Reeves was
able to obtain elsewhere, for there was no doubt that
among English Bingen, and probably among European
singers, no one had a higher reputation, and what was still
more important to Mr. Sims Reeves no one's talent had
been better appreciated by a grateful public).
Under these circumstances Mr. Chatterton was ex-
tremely glad to enter into ea engagement with
Mr. Sims Reeves to Bing in the nick-dramatic
opera of Rob Roy, and to play the part of Francis Osbal-
distone, which was one of the principal drawing charms-
ten of the piece. Mr. Sims Reeves was anxious that when
he should appear at Drury-lane for the first time he should
appeer with other eminent performers, and he suggested
that Mr. Phelps should play a part, and it was agreed to
;it once that Mr. Phelps should be applied to. There then
came the question who should be the young lady who
should play Diana Vernon, and some effort was made to
obtain the services of Miss Louisa Fyne, but this turned
out to be ineffectual. Mr. Sims Reeves then suggested
Miss Cross, who had been in the habit of playing at New-
castle, and who was an extremely accomplished singer, but
not known upon the London boards. Mr. Chatterton at
once obtained the services of this young lady for
no other purpose than to play with Mr. Sims
Reeves in Bob Roy, and he made general arrangements
for bringing out the piece without any saving of ex-
pense. Having made these observations, he would now
call attention to what he must call a very improper viola-
tion of his engagement by Mr. Sims Reeves. There was
no doubt that actors and singers who had become pos-
sessed of very great reputation, and who etoodalmostalone,
had, in the exercise of their eeuliar rights, • very great
power, and that they sometimes used it in a tyrannical
way towards managers, many of whom had suffered
seriously from the caprice of such gentlemen, and had,
when they had expected a large profit, found themselves
burdened with a loss. He should be sorry to make a single
observation that would be painful to Mr. Sims Reeves, for
no one could admire him more than he himself did, but in
this case be must say that he did not think
that Mr. Sims Reeves had acted in the spirit
in which one man should act towards another.
The agreement was that the pine should come out
on Saturday, the 16th March, and everything was prepared
for that day. Shortly before the 16th, however, a tele-
gram arrived which created great consternation at Drury.
lane, for it stated that Mr. Sims Reeves was afflicted with
a cold, and the following day • letter came from Mrs.
Reeves, who appeared to have conducted much of the cor-
respondsmoe admirably well, announcing the state of her
husband's health to be such that it was quite out of the
' question that he should appear on the following Saturday.
It was very hard to understand how a gentleman
who was suffering from hoarseness should be able to
announce that he should not be able to sing on the follow-
ing Saturday. He knew that in his own profession they
were often afflicted in the same way, but they did not in
consequence refuse briefs on Monday upon the notion that
they would not be able to " perform" on the Saturday:.
and indeed it looked much as if Mr. Sims Reeves had
made up his mind what the state of his health should be, ,
rather than that there was any pretence for saying that he
was seriously ill. As he had said, Drury-lane was in
consternation, and Madame Jullien who conducted a
good deal of the business at Drury-lane, went to Liverpool,
and found that notwithstanding the serious nature of his
cold he could sing some of his songs that night, though
another gentleman sang the remainder ; and that the alarm
of Mr. Sims Reeves in reference to the following &Junky
did not apply to the evening at Liverpool. Madame JuL
hen had a conversation with Mr. Sims Reeves, and said,

We will put your appearance off and make an excuse for
your non-appearance. " Mr. Sims Reeves said, "Don't
let it appear in the papers that I am ill," and the jury of
course knew that making an excuse upon that ground was
to tell everybody that he was unfit to take an engage.
talent elsewhere. It did not do for such gentlemen to
advertise themselves ill when they wanted to make
engagements. Mr. Chatterton therefore put forward an
excuse about the rehearsals not being complete, and said
that the production of the piece a (mid be postponed
until the following Saturday. Mr. Chatterton than took
the entire blame upon himself before the public at the
express desire of Mr. Sims Reeves' and accordingly the
production of the piece was postponed until the following
Saturday, the 23rd. Previously to the Vol, however,
there was a letter from Mrs. Reeves, saying that Mr.
Sims Reeves could not sing on the following Saturday. Lu
this position Mr. Chatterton felt that he could not put
off the piece longer; and, indeed,he had nothing else to put
upon the stage, and therefore he arranged to bring out
the piece on that day, and he also arranged with Mr.
Harrison to play Francis Osbaldistone for the first Satur-
day, and he put off the appearance of Mr. Sims Reeve,' in
that character until he should be in better health. Mr. Sims
Reeves, however,saidthat he shoulddeeline to appear in the
part if any other gentleman should first appear in it.
Such a determination was in his (Mr. Serjeant Bellantines)
opinion simply mons•rous, he had no right to dictate in
that way, and indeed he ought to have been obliged to Mr.
Chatterton for acting as lie had done. Mr. Sun/ Reeves,
however. persisted in his determivation , and Mr. Chatterton
felt bound to bring out the piece on the following Satur-
day, the 23n1. and he did so, and Mr. Harrison played
Francis Osbaldistone. A great deal of correspondence Lad
passed in reference to the matter, but there was one letter
upon which the plaintiff would rely ss showing the breach
of the agreement, and though it bore no date, he should
show that it was written on the 23rd Marsh. It was in
these terms : —" 99, Inverness-terrace, Thursday evening,
9 p.m.—My dear Sir,—No one can regret the disappoint-
ment caused by my indisposition more than myself.
Had I remained in Liverpool over the Monday,
instead of travelling on that inclement day in order to be
at rehearsal, I should not have been disabled ; but such it
is. If you are determined to give Rot Roy without me
I should much prefer not appearing in the drama at all,
and, indeed, I must decline appeasing ; but I should be
willing to play in Guy Man seeing if you could arrange
dates." Having established the breach of the engage-
ment the question would then arise, what was the amount
of the damages; and he should show that the expenses of
the house were about 150/. a night, and that instead of
there being a profit of about '2OOl. a night, as there would
have been if Mr. Sims Reeves had appeared, there was •
very considerable loss. _ _ _

A good deal of correspondence was read, and a long di,.
mission followed as to the form of the pleadings ; and Mr.
Phelps was called into the witness-box, but was not ex-
amined.

The Lord Chief Justice maid that he did not understand
that there was any imputation that defendant was not
aerienaly ill after hearing the ocerespondenoe.
Mr. fississat Ma" Latins suggested that Mr. Bien Reeve.

follow the ex ',Tie of barrister. who oft,n had
l}ricf. after they had been returned by their friends. (A

fir:lAeridge s,id thatit was very difficult tog., into this
matter before a jury, for it would depend upon a very com-
plicated set of circumstances • and therefore they had
agreed to refer the case to a musical legal friend of theirs,
who would settle the matter between the parties. Mr.
Sims Reeves. however, desired to have it understood that
he had always been willing to sing for the twelve nights,
though be was perfectly unable to sing at the time that he
warn reluired.
A verdict WR 4 then taken pro foimA for the plaintiff,
snbpct to a reference.

00IIItT OF BANKRUPTCY.--Ir NE 27.
(Before Mr. Comwinoioner Holroyd.)
IN NE ISAAC I,:ARDY-ASCIIIN.

The bankrupt was a boot and shoe manufacturer, of
}Lederer's-street and Itussell.sguare. The accounts, pre-
pared by Bless's. Honey and Humphrys, disclose liabili-
ties of upwards of 45,000/., of which :gi,710/. is due_ to un-
secured cmilitors. The assets, including an esWmatrd
surplus from the property hell as security. consisting of
consignments to Australia and elsewhere, are returned at
_ .

_
Mr. Phelps, for the assignees, stated that the bankrupt
had passed his examination, and now applied for his order
of discharge. The assignees were prosecuting inquiries
into the bankrupt's transactions with one Nyberg. who
had been summoned here for examination but could not
be toned. Goods to the amount of :M,OOO/. had been con-
signed to this person, and 10,000 L. of the proceeds was as
yet unaccounted for. The bankrupt had also made con-
signments to his son in New York (formerly a bankrupt in
this court) to the amount of 4,0001. The son had ab-
sconded. and not a farthing had been received in respect of
those goods. Hitherto nothing had been realised under
the estate except 3001. or 4001. iron furniture—barely suf-
ficient to pay the expenses of the bankruptcy.
Mr. Sydney, for the bankrupt, urged that there was no
necessity for an adjournment.

His Honour said'the last adjournment had taken place
expressly for the examination of Nyberg.
The bankrupt having undertaken to find him. or to go
with tl.e officer to serve the summons, a short adjourment
was ordered.

(Before Mr. Commiseioner Window.)
IN RE EDWARD ASO! BEE. _

The bankrupt, described as a granite merchant, of Al-
bany-street, Regent's-park, was a director or manager of
the British and Foreign Granite Company. This was the
sitting for examination and discharge.
Mr. Perrin, for the assignee (Mr. Wintle, accountant),
consented to the bankrupt passing his examination, but
asked that the order of discharge should be adjourned, the
bankrupt's personal assistance being required in realising
the property.
An order was made accordingly. The liabilities are
74010., against which there is property held as security,
consisting of building land at Banatead, valued at ti. 1,0001.