The Sun.
London, England, 1855-08-21 00:00:00

200/. te pay their passaees back to Europe. When the
new arras;;ement was proposed they had readily fal en
in with it. The learned eounsel then detaile,l the facts,
which will be baled in the failweing evil, nce :
Mr. George Lewi-, the defende,et—Took dawn a
steamer on the arrival of the plaintiff and his patty, and
brought them to Money's H ,tel, and after dinner
took them over the theatre, and they expressed them-
sel, es satisfied with the hoise4 and with everything
Had some good " trick" horses in his establish-
ment, weich be had bought at the sale of Rowe's esta-
blishment. Told the plaintiff and his party that he
wished them to appear on Boxing night. No objection
was made to this. Plaintiff himself proposed to prac-
tise on the Sunday. Told the plaintiff net to attempt
anything difficult till she got rid of the sea legs. Believed
the accident happened to Mdlle. Berg on Monday morn•
ing. She did not appear on Tuesday, Boxing-night.
The boy never performed without a rope round his
waist. When the boy fell he fell in-ide the circle.
Plaintiff had hold of the rope round his waist. Plaintiff
himself said that Mdlle Berg was not ready for the
hoops. Paid the plaintiff in full for himself, his wife,
his sister, and the boy for the first three weeks. On the
last occasion plaintiff said that Mdlle. Berg was unable
to ride. What was to be done ? Aft, r some considera-
tion witness said he would give him 251. per week.
Plaintiff was thankful for this. On the fifth week
Mdlle. Berg performed for two nights, and witness paid
plaintiff 301. Plaintiff sent witness a lawyer's letter,
claiming 50/. per week ; suosequently saw the plaintiff.
and said as his party coold not do what they had been
engaged to do he would give him 2001. to pay hii pas-
sage back and annul the contract. Subsequently an
agreement was entered into that the plaintiff should
have 301. per week ; and three weeks afterwards wit-
ness terminated the engagement. Mdlle. Berg was net
"equal to the first riders of Ere.dand, France, and Ger-
many." Plaintiff always_ signed the salary-book when
he received the money.
Cross-examined--The-e parties were not worth hav-
ing. Had no other motive for offering 301. per week
than charity, and because he had great hopes that Mdlle.
Berg might recover.
This witness was asked by Mr. Michie if he thought
he could hold the learned counsel, Mr. Fellows, on a
horse, if be had a rope round his waist ; and receiving a
reply in the negative, said he suppised the learned coun-
sel might play very well in Mazenpa (holding up the
itlustrated playbill) if he were well tied on.
Mr. Henry Birch, treasurer to defendant, deposed
that he saw Mademoiselle 8.-rg do the " trick act " at
Vauxhall before the engagetnent was entered into. The
boy did not perform at Vauxhall. This witness corro-
borated the last in every particular, and deposed that
the plaintiff signed the salary hook with kthe full know-
ledge that the sum received was the salary for the week.
Mr. Thomas Nunn proved that the name of Mdlle.
Berg was not on any bill for the sth of March. Wit-
ness was "editor of the play bills" issued from Astley's
Amphitheatre.

The learned Judge, after satisfying himself of the iden-
tity of this witness with the gentleman shown forth in
the play bill on the back of Mazeppa, read some of the
poetic imagery of the bill with con-id-rable relish.
Mr. Hei.ry Walker, another of the company, proved
the custom as t signing the salary-book.
Mrs. Annie Yeomans, the colonial equestrienne, de-
posed that the horse ridden by Mdlle. Berg was one that
witness had ridden on for some time. It was a quiet
horse.

Mr. Michie replied at some length on the evidence.
His Horn,ur summed up, very carefully going over the
evidence. As to the agreement, his honour called the
special attention of the jury to the clause leaving the
amount of pay to the discretion of the manager, a, d
stating that the jury must determine whether that clause
gave the defendant the power of annulling the contract
ait-uether.

The gr .nd jury retired for half-an-hour, and then re.
turned with a verdict for the plaintiff —5OOl. damages.

POLICE INTELLIGENCE.

WESTIVITNSTER.—The Earl of Kingston, was sum-
moned for neglecting to pay a cabman the amount be
claimed.

His lordship attended personally at this court about a
fortnight ago to answer a similar complaint, and was
then adjudged by Mr B-a,don to pay the fare for which
he had been stud and costs, amounting to 11. lls.
In the present instance, his lordship's name beinq
called in the ordinary way, and being unanswered, the
case was proceeded with in his absence.
Edward Noland, one of the summoning officers of the
court, stated that he served a copy of the summons pr.,.
duced on Tuesday morning last, at his lordship's resi-
dence, 35, Park-street, Grosvenor-square.
Mr. Arnold—How do you know that to be his lord-
ship's residen,e ? . .

§uminonieg Officer—l have been there before on a
similar errand. It is a grocer's ',hop where his lordship
lodges.
Mr. Arnold—Did you understand whether he was in
town ?

Summoning Officer—l suppose be was. The lamilady
said she would give it to him. She told me she remem-
bered my being there a little while ago, and that a police-
man had called o❑ Monday on a similar occasion fioin
Marlborough-street.

Thomas Lawrence, driver of the cab 2,007, said that
on last Saiturciay week he was ordered t' the house
where his lordship resided at 20 inioutes past nine in
the morning, arid arrived there five minutes earlier,
when his lordship, accompanied by 'a young man, got
into his cab, at 25 minutes to 10. He then drove lion
to Wilton-place, thence to Titchbourrie-street, the Union
Club, Norfolk-strut, Sfrand, arid to the 'Efouse of Peer F,
where he was discharged at 20 minutes to Inc. die
then demanded 6s. 6i1., but his lordship refused to pay
more than ss. 61, and he had now summoned him for
the remainder of the fare.

Mr. Arnold desired him to point out the mode by
which he became entitled to it.

Complainant said he had charged his lordship by time
alone, and for the conveyance of an extra person, a page,
taken up in Wilton place.

Mr. Arnold asked whether his lordship had engaged
the caion:,n by time ?_

Complainant replied that he had not , but he had made
his charge that way, exclusive of the few minutes he
reinained at his lordship's door before he started.
Mr. Arnold observed that, under the old law, a driver
might make his selection between rime and distarce ; but
under the present he was not so entitled. The first not
under schedule A, in the recent Act of Parliament, said
" The above fares to be paid accerding to distance or
time, at the option of the hirer, to he expressed at the
commanc,ment of the hiring ; if not otherwise expressed
the fare to be paid according to distance ;" and the mode
of computation war to calculate the amount of distance,
and then add any time which he had to wait, at the rate
of 6d. for every 15 minutes crmpleted. A cabman could
not charge for the time occupied in the travelling, un-
less, as before stated, specially agreed upon by the hirer;
but be possesses the advantage of being able to n-ckoo
b ,th ways. The worthy magi,tratd then inqu red the
amount of distance and time separately, arid the cabman
said he had driven nearly four miles of ground, which
would entitle him to 2s. The first stopraze he had was
at Wilton-piace, where he remained 1i burr. It was
but a slight stay at Titchbourny-street, only while his
lordship was being shaved. There was a delay' nf 20
minutes at the Uni n Club, and half air hour at Nerfelk-
s•reet, so that he really had not overcharged his lordship
in any way.
Mr. Arnold asked him how he knew the time, as
described.

Complainant mid that the Wilton-place clock was be-
fore his eye for the hour and three-quarters, and the
stoppages at the other places were about the time he
deBcriberl.

Mr. Arnold said it was his duty to raAke an order
upon his lordship to pay the amount of fare elamurd,
and 5-. coats.

Complainant said that he had carti3d his lord.hip
aboat the day before for hours, and u)uld not get a
halfprnoy of hiu, and had to beg and pray of the grocer
who kept the house where hi, lordship rJstded fur some
money.
Mr. Arnold said he. had nothing to do with that.

LAMBETH.—TnicKs IN HORSE DEALING.--
limn Stoneham, a mi4dle-aged man, of shabby-gentee:
appearance', who was described a 4 a " borse-couper,"
was charged, before Mr Elliott, with knowingly arid
wilfully sellinil to Mr. Jol.if Pa"!and, a tradesman at
Peckhain, a horse of such vicious habits as to be
valueless.

. Mr. Balland states? that the prisoner, by some means
or other, found out that be wanted a horse, and brought
him one of a very showy and, apt arently, a valuable
description, and persuaded him to purcha.e it for 71. 15s.
together with his own bor-e, valued at 11/. He had
not the animal long in his possession when he fund him
not only to be a desperate kicker, but one of the most
vicious and dangerous beasts that could be, and, in
fact, such an animal that it was quite impossible to
control, and as much as one's life was worth to ap-
proach.

Mr. Elliott--Did the prisoner warrant the horse as
quiet
Mr. Balland—He did, sir.
Mr. Elliott—Then you must proceed against him in a
civil court for that misrepresentation ; ft is not a case
that lean take coviisance of.

Mr. Balland—But, sir, the prisoner is a horse-couper,
and belongs to a regular gang that have made a good
living by this horse. The animal, as I said before, is a
showy and apparently valuable horse, and, therefore,
they get a ready sale for him at a high price. When
they accomplish this, their practice is to send a knacker
to the purchaser, who informs him that the horse is fit
for nothing but slaughtering, a• d the fact on trial being
found but too true, the animal is bought beck for a mere
trifle, and by this means the gang make a good thing of
him. _ _

Prisoner—You had a fair trial of the horse before you
boudit him. Whet more did you want ?
Mr. Balland—Yes ; but I have every reason to think
that at that time be was charged with laudanum, and
that was the reason of his going so quiet, but soon after
he da,hed mi cart to pieces. In fact he is a most dan-
gerous brute, and I can pr .duce witnesses to prove that
you were aware of the fact.

Prisoner—lt was no such thing.
Mr. Elliott did not think he could detain the prisoner
on the charge, and he was accordingly discharged.

CLERKENWELL.—CHARGE OF PERJURY AND
FRAUD AGAINST A BANKRUPT. —Thomas Lands, alias
While, a respectahle-looking man, 45 S'c'am of age, was
brought before Mr. Tyrwhitt on habeas corpus from the
Queen's Bench P,ison charged with committing per-
jury and c..nce:ding a large amount of property to de-
fraud his cre lit re.

From the evidence, which had previou,ly been taken
at great length, it appeared that the prisoner had car-
ried on the business of a boot and shoemaker at shops