Northern Times.
Liverpool, Merseyside, England, 1857-10-16 00:00:00

THE BARRISTER Ali'D THE ACTOR.

IMPORTANT TO THE LITERARY AND
DRAMATIC PROFESSIONS.,

Fovßr.smatra v. BucasToltz.—This was an action hroufat in the
Westminster County CJivt, oa Weine.sday, Vaintiff, Mr
Albooy Faahlanqas, jun., against Mr. Buckstone
the comedian, and the lessse of Vie The4tre Royal, Haymarket, to
recover the sum of Itti ss, for wrongfully detaining a manuscript
play, entit'ed " Hampstead Heath," and objecting to return the same,
after a pram'ee to do so, under the following catraord nary
circumstances :

In litera-y and theat lest circles this case has excited a good deal of
interest, and the coart was crowded with sdoctators. Mr. Buckstone
was seatil by the aide of his solicitor, Mr. H. T. ilobert>, whilst th e
plaintiff corriurtei his owa case. He said, in December last I sent
Mr. Buckstone a written fans, entitled " Hampstead Heath," with
hints and cats upn the times, for his approval and acceptation. It
was at the racommendsticn of a matualThend that I sent the piece,
it being considered to be psculiarly adapted for Mr. Puckstone's
theatre, and meiving no answer in a fortnight, I wro e a letter, bat
got ❑o reply. I wrote four or five letters upos the subject. re/nesting
Mr. Bucksto,e to give his deesion, that I might know whether the
piece was accepted or not.

In aisver to a q iestbm from the court, Mr. Buckstone sail he
hal not the letters in question. It was not his practic to keep such
communications.

Mr. Fonblanue: I directed theca misslf, :and posted them at
Mduehester.

Mr. Roberts: nava yon dastroyea them? Duzlistole: I

Dir. ronbl nque: I wrote again, tailing him that I was much
inconvenienced ; that the thing was of an ephemeral nature ; that it
was spoiling, and would be of no value to me afterwards. I again
wrote, with a cover directed to myself, with stamps, begg'ng him to
return my farce, if he had not hal time to real it. I afterwards
apprised him that I should come to town and see after it, my object
being to obtain it, if he woala not accept it, and then to submit it to
some other manager. Subsequently I came to London, and went
to the Hayma.ket, but could not ace Mr. Backstone. Mr. Wyld, the
treasurer, said Mr. Bucastone desired him to say that it should be
left oat for me on the following day at the st age door. Daring the
time I was in t)wn, I called five or six times in the week, then wrote
on the 25. h of Mai, stating that I had been detained unnecessarily in
London, tact I was exceedingly disappointed in having called so
many tame., and that I should now have recourse to the last method
of obtaining .t, and that nn ess it were returned by Monday, I &should
issue a plaint. List Saturday the " Farce " was returned without a
single word in apology for its lengthened detention. If Mr. Buckstone
had written to me and stated that it was mislaid, I would have
given him a year or two, but from the cavalier manner in which I
was treated. I thought proper to adopt the present proceedings.
In Gross-examination by Mr. Roberts, the plaintiff admitted that
managers were almost in andatel with authors' productions, and
' '

that is was the custom to return them directly. Provincial theatres
were not so troublzd, because they do not use pieces original.
Original pieces generally appeared in London,

- -
In defence, Mr. Ro'serts stated that Mr. Bwkstone, in coming
before the ?labile is this me, did so upon principle. Metropolitan
msn.ge 5 generally were inundated with the imaginary talented
productions of authors, and the present wits one of those farces which,
among many others, 'were left. at Bin Btackstone's door w,thout
solicitation, whereas if he had asked for such a production no doubt
he would be liable for its return ; but In the present instance it was
left •o untarily, and the acme law would apply as in the case of a
party leaving books at the door at his own risk.

Mr, Fonb anque : But the farce was sta'el to have been lost.

Mr. Roberts: The le mad plaintiff had drawn attention to what
Mr. Wyld had &Ad, without anything to show that what that:gentle-
man may have said was in any way b ndiog upon Mr. Buckutone. He
had also accused him of a want of courtesy, Whilst, but for pat want
of courtesy, the defendant might have subjected himself to a hundred
a-,:.tiona in deteuue, inasmuch as Mr. Bnckstone would have had all
the juvenile authors in England bringing actions against him, and be
therefore very i.roperly did not reply to the communications so sent
sod if he were to be held liab!e for all these documents, he might,
instead of pleasing the public at night, have lost the whole of his time

iu perusiali these communications. If, however, the Court ruled that
the mannscrikts which were left voluntarily roust he returned, then it
was clear that a new vursa must be adoptedi by the managers of
theatres in future. Another question Mr. Et )berts submitted was that,
even in the event of inability, had there been a sufficient demand ?
Where were cens•ructive demands upon which the learned plaintiff
evidently relied—aamely, the letters he had written—bat the
precise contents sere nece,sary to constitute a legal demand, shich
had not been given. And with respect to damage, he (Mr. Rolaerts
submitted that there had n t been a gelatin , of evidence to prove
that any was actually sustained. As to the travelling by railw ,
the plai,,tift—might as well have claimed his expenses from Jamaica, if
he had at :sea to come from thence. (Laughter.) Most authors
could put a good estimate upon their own productions; but as he
had brought no one to spa is the value, would he take the opinion
of Mr. Blackstone on the subject? —(roaewed lanahter)—who woald
have been glad to mate "se of it had it been worth anything. The
detention of the manuscript could have entailed 11, loss, when th•
p aintiff admits th t, bat for want of courtesy, he would have all owed
Mr.l3ue4 stone to r, tiin it for a couple of years.
Mr. Fonblanquo repliel on a point of law, arguing that Mr. Roberts'
admisdon, that had defendant replied to his letters he would have
ranslered himself Pablo to actions in detenne, wet in iteel f snfii meat
to ju.tify a claim fur damaged at the hands of the emit.
The :earned judge intimated that there were diffic titles in the case,
nd he would therefore take Pm, to coasider his j a 'ginatt, which he
would give on Wedneslay next.
Judgment deferral accordingly.