The National Register.
London, England, 1822-12-15 00:00:00

1:1.1)Fiu11D AND 1% RI: V. LUNN.

This action wasl;roUglithytbePh.iintill', on a contract mode
by 1111 wife, when bIIC was Miss them), the siirf,er, by which
she was to perform at the Birmingham theatre fine weeks, at
101. ver week, god be fuither remunerated by half a clear
LA neat. .

1111. Marr)all slated the C. In Clll36Cquence of a feller

•,.'+~

1111.

from Mr. Bishop, the composer, an engagement was entered in
with the defendant, who is manager of the Birmingham theatre,
by which Miss Green was to perform live weeks at Birmingham,
at a salary of 101. per week, and half a clear benefit. Miss
Credo went down to Birmingham in August, 1521. llerrlirst
appearance was on the 17th, and she appeared to be a favourite.
Lu a letter which the defendant wrote he used the following
words:—" She is in considerable reputation with our musical
people." She played several nights, but in consequence of
severe illness was unable to appear on the night of her benefit,
namely, the 26th of September. Several apologies were also
made when she could not sing. The wanner, taking advantage
of her illness, refused to pay the 501. agreed fur, and Miss G.
having Juanita!, her husband brought this action upon the coll.
tract. Sue had received 121. 15s. 6.1. for which she gave the
defendant credit. The balance upon the contract was 371. la. lid.
which the plaintiff sought to recover.
.

The statement aas proved by Lucy Green, the mother of
Miss Gruen, now Mrs. Bedford. The witness did out kuo,v
whether the action was brought by her son and daughter, ur by
Mr. Bishop.
Mr. Scarlett, for the defendant, said lie would prove by Mr.
Bedford's baud-writhig, that the action was brought by Mr.
Bishop, in his name, wit Lout his direction. Miss Green, by
not playing and singing, hied lust the manager the advantage be
e>;peettU from bringing her down to Birmingham, and under
these circumstances he did nut consider himself bound to pay
fur the nights she did not sing ; at the same time he allowed hers
bekelit, which she took as a remuneration for the nights she did
not play. 'lime learned counsel read a letter from the plsintill;
written in Dublin. The following was the substance

1 received your's, and wan greatly it arprised 4o hesr of the
proceLding of Ilishop. 1 took the letter to my attorney, who
says 1 ought not to consent to the action without having indem-
nity for costs. 1 wish to keep my hands out of law.--1 ant glad
to near your' 'rout and Jerry' is doing 4%01.

.. G-."

Mrs. Ingram and Miss Wlialet, both actresses at the Bir-
mingham theatre, proved that Miss Green did nut play uu au-
stral occasions in consequence of illness.
Mr. Cullyer, the prompter, gave similar evidence.
Mr. Bellamy, a surgeon, proved tuat Miss Green MIS unable
to sing on the night fixed fur her benefit.
The Jury, under all the circumstances, fuuod • verdict for
the plaintiff—Damages ;al. 4s. 6d.
THURSDAY, DEC. I?.
SHARP V. THE RED. M.

This was an action to recover a compensation in damages fur
• malicious proseeution.
Mr. PlAlips stated the case. The defendnnt was a clergy-
man of the Church 01 Logien& living in opulence at Chiswick.
The plaintill. was the Rev. defendant's gardener. Having paid
a visit to his aunt, she made him a cell u piece of beet. The
next day the defendant saw the beef, and suspecting it had been
atoleu from his pantry, made thu plaintiff walk into the kitchen,
where be took down a round of beef, and told the cook that
the slice in !dahlia 's possession had been cut olf the round.
The cook said it was Gut possible, as she Lail kept it under
lock and key. The defendant still supposing his pro% isions bad
been improperly obtained by the plaintiff, indicted him at
Hicks's Hall, where lie was acquitted. The Conned Counsel,
acting alum his instructions, atiaclud not only malice, but the
most uncharitable inutives to the defendant.

Mr. Butler, clerk to Mr. Harmer, the attorney, produced
the record of the acquittal of James Sharp, the psosecutur.—
The charge was for stealing four ounces of beef, the property
of the Rev. Thomas %jells, of Twickenham. \N lines* was
present at the prosecution, and produced a uote of Mr. N iell's
evidence.
Solicitor-General—Did you take a note of the whole of the
evidence 7—No.

•—•—
Sulicitor-Gcneral.—Then I submit this witness cannot be
eansuinetl. -

\% recess said he could repeat the whole from memory.
The Soli,itor-Cenertil persisted in objecting.
The hold Chief Justice over-ruled the objection.
Witeinis proceeded--lie snid that on the 22d of October
last year, he was walking in his garden. On looking among
the tulips, among some cloths used for keepiteg seed in, he dis-
covered this slice of beef ; that he was struck with its appear-
ance, and supposed his servants were at their olui tricks ; he
took it into the kitchen, mid cut a slice MI his own round,
dressed the day before, and, on compiling it, Le said he had
no doubt it canes oil' the saute joint, front the complexion : that
the man refused to admit lie cut it from his follilli, but stated
lie had got it at his aunt's, at Camberwell ; and that Snarplre-
fused to tell his aunt's name.
Joseph Wilson, his butler, was called, but could not iden-
tify the bier.
Mr. Phillips asking the witness what Wilson said,
The Soicitor-General objected.
Mr. Phillips asked, did N 'tells swear it came MI his round
of beef ?
Wittiess.---Yes ; he said the two slices tallied so exactly,
be had no doubt they came oil' the same rotund of beef. Mr.
Araiiitt, the Deputy Recorder, liehl the brief.
Ciotti-examined by the Solicitor-General.—lle said that
Sharp felnied to give the name of the aunt, when he (Viells)
offered to hike a drive to Camberwell, and see time stmt.--
Vieille 'voices were NI. 2s: :id. exclusive of the a itnesses.
Mr. Webster produced the orii.inal copy of the record, by
which it appeared the Bev. 'Ebonies Vieth: was the only wit•
Hess.
Mrs. Baldwin examined by Mr. Phillips.—Knows James
Slurp; on Sunday, the Slat October, 1121, he dimmed with
witness.
The Lord Chief Justice.—Aro you his aunt ?—Yes, my
Lind.
What had you for your dinned—Boiled beef.
Who else dined h—My son ; and on Slow'''s going away he
gave him some slices of beef and bread fur his dinner next
day.
Cross examined by Curney.—Should not suppose they wets
half an ine,ll thick—they were as you usually cut a slice for
eating—the bread was oil' a half-peek loaf.
lte-examincti by Mr. Paillips.—NVas the beef you had fur
dinner juicy or dry 1-1/ was dry, Sir.
Julio Sharp, son of last witness, met William Sharp, his
cousin, at his mother's, on the 21st October last—hail boiled
heel fur dinner, and on his going away witness gave lion some
lot his dinner next day.
Charlotte Eden examined by Mr. Phillips. Witness lived
with Mr. Vi Its as cook—her father is a cosclumaker and
win ellight at 'rv.iekenham—as cook. had care of the larder,
and always kept it under lock and key.
Mr. Phillips —I need not ask you if you recollect the round
of beef ?—O, yes, very well ; recollects on the 22d of Oct.
her master desiring her to follow him into the larder with a
knife; she unlocked the door, and her master cut a slice oft
the round of beef. It might be 12 o'clock, just after break-
fast ; be wrapped it up is un old newspaper, with a elms of