The Express.
London, England, 1860-02-10 00:00:00

TH) 'PRESS, FRIDAY EVENING, FEBRUARY 10, 1860.

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tab) inttiligtna.

COURT OF QUKEN'B BENCH.-F 99. 9.

Sittings at Nisi Prhis after term in Mlddlasez—(Before Mr.
dreadte Hill and • epeeist Ivy.)
lITIRIS e. Tan ?ILA CTIOS MOM COMPLIFY (matzo).
This was tea anion by Mr. Mein, formerly lessee of the
Pavllbn TheatrikWeteolispel, and also a drone proprietor,
against Bray's Traction Engine Company, to recover &-
maps for breach, of contract in hiring to hint an engine
unable to perform what the company undertook it would,
for not keeping it sufficiently is repair, and also for fraud,
for that they knowingly and wittingly induced the plaintiff
to enter Into a contract, they not being able to perform their
part of it.
The defendants pleaded a great variety of pleas, but sub-
stantially their defence denied the oxen= we, le the terms
, alleged by the plainiiff and they were guilty of the fraud
charged. They also paid a slim of 731. Into court.
Mr. Elawkinr. Q L., end Mr. H. Jame appeared for the
plaintiff Mr. Edwin Janda, Q C., Mr. linddleston, and
Mr. R. Clarks were for the defendants.
Mr. Hawkins, in stating the osas, said the plaintiff was
" Jim lilyan," the celebrated equestrian performer, and pro-
prince of the Pavilion Theatre in Whitechapel. He was the
propels= of a large stud of horses, and had a large setabdah-
mend pernmers, and in the summer of last year be eon-
templeeeda mashy goer. His attention had been celled to
the pewees of Bray's term engine end its tabllity to
mum turnpike roads, and, by way of astonle the-as-
tient, he thought it would be desirable to enter into ea en-
gsgsment with the dehndanes for conveying his troupe
through the provinces. He accordingly entered Into a nu-
tmeg with the deluders to supply him with an engine he
throe months, at a rent of 661. • month, including engine-
driver and stoker's wages, the plaintiff to provide oil. fuels
lights, Al., required for im working, and all except the servant"'
wages and the toceseary repairs lei working the engine. The
engine wag warranted capable of conveying 20 tons at the
rats of from six to eight miles an hour. The plaintiff, on
the llth of July, prepared to start, having provided him.
self win expensive aMw bills, printed in America, and at
a cost of 251. a day for advertising. The plaintiff had also
incurred an ex nee of 6001. for making his carriages suitable
to be conveyed by the engine. Ile plaintiff did not like
the ordinary appearance of the engine, and In order to make
It atereetin as an exhibition engine, he canoed it to be
nonrated, by painting and an outside covering, from •
ofszFlowing,
, wing, ordinary-looking engine, to a fiery geese
. (Laughter.) Re prepared Li start on the 11th
:Lithe
on first eatertainniene haying been advatind to
take ice Camberwell-goes., le Surrey. On the day
an it vas to Mot the emir become an unruly
teoester.
h;suighter.) Whither it was excited by the
fa w t wps got up, or that a traction
way engine
had never reamt of conveying • theatrical dress, be
knew not, but instead of going at the rate of eseenl
mini an hour It took sere hours to go from the
Pavillon Theatre to Camberwell-green—(lortgliter)—having
' more the appearance of a funeral nonunion than an estm•
tamest to excite the admiration of the public. The engine
and carriages proneded to Camberwell-green, where the
plaintiff had pitched his tent, midst the derision of little
bon, sad the gibes of those of a larger growth. Two Wee'
tainneents were given at Camberwell. The next place adver-
tised for was Croydon, and thither the plaintiff departed oa
the morning of the 13th of July. Now Croydon was barely
seven miles from Camberwell ; but Imagine the plaintiff's tr-
toulahrtieut, when, instead of doing the distance in cue bone,
it took him between ten and eleven. (Laughter.) It hap-
pened that just then the Home Circuit was at Cm.don and
no doubt the intention wee that the two company@ should
be performing together. (Renewed laughter.) Brag pre-
paration bad been mode so as to ensure a triumphal entry
into the town of Mr. Myera' boar. Its arrival was en-
nomad by large show-bills, depleting the magma su-
mmated by a fiery green dregoe, and so encased es to hide
the funnel end the working apparatus; Mr. Jams Bray,
the engine-driver, 'moustached - sad looking entitters-
hie things, seated at the crosses point, and next him
Jim Myers himself, ready to meet's admiring populace, fol-
lowed by • train of clever performers, one of whom appeared
to be stepping out of the window of one of the carriages.
Mr. S: James—That was the Maier of the Home Circuit.
(Iregbeer.)
Mr. Hawkins—Well, Myers having been told that the
roasts the =rine bad taken so long to travel from London-
bridge to Camberwell was, that In so crowded a thoroughfare
It would not be politic to travel hater, had his patience
very melt tried by the time occupied on the road between
Camberwell and Croydon. However, he succeeded at led is
.ate to Croydon, where • large crowd bad waited for
the min! of the troupe. He had taken bas
oust on the box, end as there wee a good piece of reed
asset the entraor at the town he said ft was a good place far
Rigdesk steels ap, but the speed was most dloreereglag.
tad hardly reached the town, anticipating a triumphal
Mears when the seer broke down, sad stuck fat in the
middle of the road. (Laughter.) Ob, what a falling off was
them (Laughter.) Then Myer, who thought it was only
a tempoeary hitch, found that garter after quarter hour
pared without its moving. The boys began to joks—" Jim,
we don't went yer humbug." t How's yer engine t"
(Laughter.) " Move on," said the police. "I wish I
scald,' said Myers. (bugler.) Thus was be greeted
on ell sides. At last, the company getting quite ashamed,
descended from the =triages, and the whole troops
tan the town. After performing at Croydon, they
nod started for Bromley, another engine of the com-
pany (No. 4) being substituted In the meanwhile for
the original one (No. 1). Ne 4 went a little fester than
No. 1. Leaving Bromley, they well to maks for Dartfoed;
however, sanely had they got • mile and s half cat of
Bever y than No. 4 came to a deed stop, opposite a gear-
maa's hem, end no power at hand could get it to move Not-
withstandiag, the gentleman of thebones sent out his servant
to request that Mr. Myers would ninon the nuntnoto—
(lanighter)—lat that Mr. Myers wield not do, bat was
obliged to have the engine on the load, totoployeng horses
hem Croydon to take bin vans ind cavalcade on to Dart-
ford. At Dartford he was too Ire far the advertised per-
formasms ; shunter* be was obliged to give up the sera
of he one at all. Theses he was emeryed to Otago.-
end by hems, where be misted ems purformenee, and the
err at the next town he visited, is eareepere et his
anteing too lets. In fact, r • general rule, be was
two days behind time at ell the Imes he visited during
the first four weeks. Chatham, Rochester, and
Maiden= wee next visited. Bet= hi. smival at Maid-
etc= the engine No 4 bad agate been brought lab ass - but
at the tap tithehill, between Chorea' and Maidste, it
Mir fast, end Mr. Myers was obliged to leer engine and
merges to the reed. He thus lost a great portion of his
emberleinamst at Marcos. Mr. Myers put bleier in emu-
munieseiss with the dinars end esneestreted ; but the
dleseler said they rad net undemeter hew the thing had
Mr. Myers with Wm, bowsaw, and
sessrpme Nos behind tips be het hie MlN-
si Tunbridge. At Was, hews,.,, he
Jebel by wise No. 6. This anise was
_very slow,
farad, grater pace Wag 31 Wks an hour • besides that
It ant up the highway, end eimpener ice ma'dentanded of
Yr. Myers. Oa the reed I. Doug it rushed through a
turnpike-gess, and )(rhyme ear brought up In easesquence
Wore the =retraces. On the way to Newbury the
Memo harked down • gentleman's wall, and nearly drove
err bin dzawing-room. The gentlemen rushed int, sad I
hit Myer he had knocked down his wall, sad naked him
whore he was going. Myers said ha cord set help it.
Theiretheese, senior how things were, let Myers off with
&Nedra not to let it happen again. (Laughter.) Is pro-
. esedleghemo Swindon to &rood the wine bed to mead a
ham. Myers wee on the engine, end It bops to ge as It
nem gene before. There was • pipe same the reed,
M when No. 6 maned the point away it weed at right
bier, se If about to start across the esentry, pled
Mgrup into an oak tree, as it were to perfosm
114 atees II." without an andienee, from whinge ha was
deported en a quick= hedge. (Gnat laughter.) When
Mr. Myers recovered emelt he dirovered that the un-
happy seeker bad to be dragged out of the heirs urns
au a t of bele, of which he was llts perms,
lstitleaansonensts beton. All had been singed away fa
the ire bole. (Great Iseghter.) Pray, Me. Myers
erred Birmingham, having derived no f*ther re from
Ole wine. Sometimes It travelled alongside the
awaked* at an easy nos, at other times it bed to be
dre along by bones. The engine still remained at
Birethiglism, roads* there the remit of as action -hick
the easpeay had bemire agree. Mr. Myer+. Mr. Myers
eatinraded his losses se follows Damage done to Me =na-
tion, 3,oool.—(laughter) ;—that, however, he ooald not re.
_ties, anther could be in the original advertisements pub-
lished. However, under the eereeal heeds of alterations to
carriages, repairs to engines. re-advernemente. hits for
hones, extra tolls, expenses going backwards and
forward. to see the airman, esdesated losses from
entertainments which he was wholly precluded from
giving—ditto foe those which were rely pastry given—
his total claim would amount to 2,3001. Mr. Myers bad
as= nand more than from 11 to 12 toes weight upon the
engine; whereas the directors had awned him it would
easily ter 20 toes at from six to sight miles an boar. The
day brie yesterday, is eepartation of this trial, the directors
bad bresight dose engine No. 4 to Palace-yard, bet It
' hoarse nesersry to take it home again. The utmost duffi-
' salty wee experlered In surn.ounting a Mtn grip leading
ant into the stmt. Actually raven Wan= and • half were
ersested bears the feet could be scampllshed. After
emelt •brOliant display he thought it likely they would see
me mere et No. 4 he Paler-) ord.
At the aonalsorne of the horned masers Whose,
Me. Myers, the plaintiff, was called, sad hie err- I
warm by Mr. H. Jame occupied • Hey long lime. He re- 1
.ear ed • variety of interviews with the directors sad
lie seentary, sad brand th.t the direct cootraot with
Ides was that the 'seine should go at least des miles es
hear. He had repeatedly rose, narrated with the directs's
II en the trestment he bed received, and warned then that
'he shield require a mpesentton at their bands. He bed also
waged berm epos seggestics of Moir Campbell, one
elf tbe hady.
Bakes thle witnees's mar-ezemiestlcs was proceeded with,
Mr. Justice RIO said that se eitimetely the liabilities of
the nanny ander the emir= meet be a matter for the
eosrt above to deeds. It would 1.. beat If the morn of
the damps, in OW the decision should beat favour 4 the
Pleatiff, should be left to be decided by a rehmates
The some suggeation would still hold good with rhesus
N the amount of the damages loader the count foe laud,
sad err the other dilate. All, disrobes. that the jery
treed kme to darks wield be as to the quern of bar.
The gassed as both aa. s earesiag to bh leshirle emirs
pollee, the areseruunieatioe of the phistlf wee presented
with by Mr. James, sad it «espied between two sr they
bents. The tram dusted Ire the emenemy had is. so.

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