The Express.
London, England, 1860-02-14 00:00:00

COURT OF EXCIERQURRe-FEB. 13.

Sitthip at If id Priem at OnikthslL—(Before the Lord Chief
Berea and Special Juries.)
- -

This was the ent sitting et NM Prim after term far Lou-
don. The Het captains 69 seams., at which 16 are massams.
24 ars marked as special jury COMM

LORD WARD R. LUILLNY,;III2 TRRAT/Ll.
-the declaration stated that Me Wit Hon. William Baran
Ward mid the defendant, Mr. Be*a Lumley, for 4,60111.,
the amount of three quarters rent doe a dead horn the
dalindant to the plaintiff. The det• pleaded several
Ow. He deaisd the demise ; seeradly, that the deed shwa
be bad matatad bad Irma cancelled by ceemat of the plaintiff;
and thirdly, that the dorfeedaut pm posouraiou of the
shown at die must of the plifaitlf, and the deed was can-
ons&
Mr. Bovill sad Mr. Mellish were counsel for the tiff;
Mr. Bdwia Jamie, Kr. Hawkins, and Mr. repre-
sented the defendant.

Mr. Bowlly to stiffs' ihe ogee for the plaintiff, said this
was ea aollos brought by Lord Ward to recover from Mr.
Lush, • late bees of Her Majesty's Theatre,
me dm from Michaelmas, 1867, to Midsummer,
1 . Mr. Lumley, as they were probably aware, had bees
for many years lease of the Opera-house, and they were
perhaps aware that the at various tunes was sot
very encosseal. Mr. resolved esieeemse, mad
asica others front Lord Wesel whis &dm
ne lathe establishment and the peassoba allyrical
dams, had rendered Ma a brie Mesas oat of his ample
fortune. It would be anlekla to IN thatley • deed executed
to May, 1866, Lad Ward hob, limns the proprietor of •
limbed Wean in the Owohnes lessens entitled to peat
• hese to Mr. Lumley, en be *seem of the
lord. The Owe-home. thandere, was devised toir.nd Leunley
at • rental et 1,91141. kr the lest year, and he subsequist
your at 6,2751. lad Weed abo enelesed bpeeke“..g the
paperties of the Oats boss. The mat had lea paid hem
that time to Michelin* 1867, Jose which the. Mr. Lusby
lad pad noshing, eltlesigle land Ward had mated him
every Widgeon. Os then* el Joss Ink it wee essaged
that Mr. Lumley shove give up tuesseedes, bat ea the re-
presentation of lb. Loewy, that is beak up is the riddle
of • seam would be moot disembess Ida, peniales was
sot gam op until Toseday, the 1811 of hugest, when the
deed vie oanalled. It would be anended far the bandied
that the rent then due would be foregesse, bee this would be
denied both by Lord Ward and his sobeter, Mr. Benbow.
The learned counsel then celled the followlegevldenee
Mr. John Henry Beobow, Lord Ward's weaker, proved
the made fats as to the letting of the Opoe-heees and
the imbissasst proorsdings, u detailed by Mr. Dwell, up to
the period when ;mammon was given up.
Os the leas being produced,
Mr. James objeaed to its wholasion is evidence, on the
grand that it had been cancelled, sad midi Net be need to
pave the demise.
The Lord Chief Baron admitted be bennest, subject to
the opinion of the furl oorut.
Cress-ensued by Mr. Jeanie—Lai Waal bed pea
-
eery relations with Mr. Lomb, aims na. Ihe lad M-
assed money to relieve the been Yes is Ibbfidn. The
nese which Mr. Lumley held woe emilind to laid Ward on
the 6th of May, 1856. I onset Mb Chad be Was of the
leen was then. There was the due is lard Ward 86,6081.,
sad his lordship afterwards advised 45,0001., ad other
suss; we that if we winos ohs value of what Lord
Ward gave it would be wetly 100,0001. 1 should have
thought it was not of the vales which was given for
The grousd-rent was 1,9344 the rest was 6,2761, and the
Imes had then about 86 years to run. I was pass* at an
*brew at Dudley House on the 14th of July 1867. There
bed bees a question read, in " Crofts v. Lumley," whether
Um gaud lease bed been forfeited or not, and the •ppeal
was thainsialing in the Home of Lords. It wee in
Mr. s favour on the 19th of April, 1868. I might
haw ems . Lumley is May. He mentioned that he had
diMYias to contend with in starting the Opera. I have so
reeellaseles of saying that he must pay the lest, sad if act,
he and them poosseirs under the best, but If he did that
quietly Lad Word would sot ask him for t•• rest. I swear
I have so necolleotiou of this. On the 10th of August, 1868,
Mr. Lea* gave op pascal'-, and the deeds were can.
oda. I told Mr. Lumley be must give a Current of w-
hiney. He *man to do so as the grow& that it would
M very peetudtelai to his poetics. I proposed that he
should pas an undertaking. He did set say he not not to I
M dolled upon to give an update:big Imams it had bees
waned that if M gave up possemkm the rest would not be
&heed. He de:heed to give the radartaluse. It was as
esderaking that he would give •Judgeness. Whoa themes
was assailed moth*, was said about the rat. There were
preant at that isservies Mr. Lush?. Mr. Is lab, • sw-
ayer who wes to fibs aureedes for Lord Ward. sad ▪
This took took pace In Augenl, sad I did set mph for the
rest snail November. la the 11111•6611111 Land Wad dinned
me to halm es the parson of the rest Lewd Ward held
peaseelos of the theatre end ell ininepartise ewer eisee.
B.wsessfsed—Froa August to Iffreenbir is the bag vs-