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

MR. LAING, M.P., FOR KIRKWALL.

A meeting of electors and others was held in the
Grammar School, Kirkwall, on Monday, the 13th inst.,
to hear Mr. Laing give an explanation of his public con-
duct and a statement of his ♦iews on the present war.
At the hour of meeting the school was crowded to ex-
cess. Around the platform we observed the Lev. Dr.
Paterson, Bailie Reid, Mr. Walls, Mr. D. Marwick,

sen., &c.
On the motion of Mr. CURSTIR, Mr. R. Scarth, of
Binscarth, was unanimously called to the chair.
Mr. SCARTH, in rising, said he hoped they would ex-
cuse him for coming unprepared, as he only knew a few
minutes before he came to the meeting that he would
be called to the chair. They would now have an oppor-
tunity of hearing Mr. Laing give an explanation of his
conduct in public affairs while fulfilling his duty as their
1 member in Parliament. (Applause). He said that on
the subject of the Austrian negotiations there was some
misconception abroad. He was sure that Mr. Laing
had no wish that the Allies should make a dis-
honourable peace. He (Mr. Scarth) bad been lately in
the United States of America, and had heard the opi-
nions of some highly respectable and eminent persons
there who held the same views as Mr. Laing—men who
had no ill-will to Britain, but, on the contrary, looked
to Britain as a child to a revered parent—judicious,
cool, sensible men of business, who thought Great Bri-
tain had been drawn too hastily into the present war,
and that we might have got as much by negotiation as
in the end we might get by war. But Mr. Laing would
now give an account of his stewardship, and he repeated
his apology for coming unprepared. (Renewed applause.)
Mr. LAING, who rose amid great applause, said he
had the greatest possible pleasure to meet them face to
face on the present occasion. It was through the kind-
ness of his friends at Kirkwall that he made his first
entry into public life—he might say that the movement
originated in that room—he was, in fact, a child of
Kirkwall. He wished to retain their respect, however
unpopular some of his opinions might be, in discharg-
ing honestly and faithfully his duty as their representa-
tive. Regarding the question which was uppermost in
the minds of all, and on which he had lately expressed
his opinions in the House of Commons, he would now
lay before them the motives which induced him to adopt
them. War was an enormous evil, and it behoved every
man to know whether the objects to be gained were
sufficient to justify the enormous outlay and effusion of
blood. When we are making these sacrifices we ought
to have a clear idea of what we are really fighting for,
and see how far those objects have been attained. He
would not go over the whole ground of the negotiations,
or lead them into diplomatic subtleties. The statesmen
of united Europe had reduced the securities to be de-
manded from Russia to four points, which would have
the effect of placing Turkey in the same relative posi-
tion with regard to Russia as France and England. He
had heard a great deal of declamation about restored
nationalities—the establishment of Hungary and other
countries ; but the definite objects of the war have been
reduced to four points. For a long time we carried on
the war with Russia because she refused to concede
these, and it was said that Russia would rather suffer a
ten years' war than agree to the four points. But after
a single year of warfare Russia did accept the four points
in principle, and all that remained for the conference to
do was to arrange the details as to how they should be
carried out. Mr. Laing then spoke at some length of
the various plenipotentiaries engaged, and eulogised
them individually. At the Vienna Conferences the four
points were all admitted in principle, and of these three
and a-half points were satisfactorily settled. A resolution
was agreed to by the five plenipotentiaries for the limi-
tation of the Russian naval force in the Black Sea, but
this resolution the English Government overruled, and
the conferences were broken off. It was the duty of
every Christian nation to regulate its public conduct as
a Christian man would regulate his private affairs, and
as a nation or a man to shrink from no sacrifices by
which an honourable peace could be acquired. (Ap-
plause.) He did not agree with the extreme peace party,
neither would he on ail occasions agree with those who
went to the opposite extreme, and, by appealing to our
worst passions, allow the pugnacious feeling inherent in
our animal nature to get the upper hand of our judg-
ment, and by which, in the long run, we might not get
so much as we might have obtained by negotiation. He
was much afraid, from the tone of the press, that in pub-
lic opinion little heed was paid to the four points ; the
general opinion was that, having got into a scrape, we
must fight it out till we had thrashed the enemy into
abject submission. One great advantage we had at the
commencement of the war was in securing public opinion
to our side, and isolating Russia from the sympathy of
Europe. It was not by the taking of Sebastopol, or the
threat of taking it, but the feeling of the whole world on
our side, and especially our German allies, on which
Mr. Laing laid great stress. The rejection of the Aus-
trian proposal was a greater advantage to Russia than
the greatest battle she could have gained, because it
alienated from us the whole moral support of Europe. At
the present moment, Mr. Laing said, the Times news-
paper governed the country ; and he spoke in flattering
terms of Lord John Russell, Mr. Gladstone, Lord
Aberdeen, Sir J. Graham, Mr. Cobden, and Mr. Bright.
That these were men of great ability no one could doubt,
and he would rather hold opinions in concurrence with
men of that stamp than coincide with the unreflecting
violence of anonymous writers in the Times newspaper,
that were at present governing the country, Lord Pal-
merston, and the present Cabinet. Then, too, there was
great danger of a rupture with France. The passion
for military glory—the distinguishing character of the
French peoples _w still strong, and there was
grt.at danger of a coalition of interests against acs
many, when, as a probable result, Prussia would be
drawn into the vortex ; and if the Catholic Powers
of France and Austria acquire a complete prepon-
derance over the rest of Europe, the wisest states-
roan could not foresee the result. These were
his opinions, and however unpopular they might
be at the present moment he was willing to leave them
to the public, persuaded that six months hence their
opinion on this subject would be entirely changed.
(Cheers.) He came now to the subject of education. He
voted for the second reading of the Education Bill because
it laid down two great principles—that no particular de-
nomination should have the ascendancy, and that the
people themselves in towns and parishes should elect
school committees to carry out their own views. One
personal affair be would notice. When an offer to take
office was made to any member, he thought the constitu-
ency had a light to know what motives actuated their
representative in accepting or declining it. The Clerkship
of the Ordnance and the Vice-presidency of the Board of
Trade were offers he could not accept on account of the
situation of his private affairs aed his private engage-
ments. He had no great confidence in Lord Palmer.
ston, whose career he had attentively observed, and
whose whole course had been characterised by intermed-
clling in the affairs of other nations. He (Mr. Laing) ad-
hered to the old Liberal creed of "Reform at home,
and non-intervention abroad." He gave Lord Palmerston
credit for great ability, great tact, and great adroitness ;
but he preferred Lord J. Russell as a leader, and he had
a higher opinion of such statesmen as Lord Aberdeen
and Mr. Gladstone, who spoke the strong and consci-
entious convictions of their own minds. Lord Palmer-
ston, on the other hand, bad too much of the weather-
cock in his nature, and was apt to veer about to catch
popular applause. (Cheers.) Mr. Laing then thanked
the meeting for the cordial reception he had met with,
apologised for detaining them so long, and expressed his
readiness and anxiety to answer any question that might
be proposed to him.
The CHAIRMAN having inquired whether any one
wished to put any question to Mr. Laing,
Dr. PATERSON rose, and after an eloquent speech,
moved the following resolution :
" ThaS this meeting, while reserving their own views
on the subject of the war, express their cordial approval
of Mr. Laing's conduct in Parliament, and their con-
tinued confidence in him as their representative.
Baillie JOHN REID seconded this motion, which was
carried amid groat applause.
Mr. LAING then returned thanks for the approval of
his conduct and continued confidence, and sat down amid
tremendous applause.
The meeting then broke up.

WIND AND WEATHER REPORT.

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Liverpool ..., ...... W.I‘W Fine.
Great Grimsby ... W.S.W Fine.
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Boston . N.W ......••• Very fine.
Cambridge w.5.W..... Changeable.
Yarmouth ws.W. ..., Changeable.
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Portsmouth
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Whitby N.W Fine.
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• .> ''' rat tially clotrl 7.
`iilada,l

:mei:Clete 4 engaged for a series of representa-
tioLs at Vienna, outer departure from Parii at tiro close
cf the present' month.
CsTerAL rkLioz.—Ssuuntg DAY.—AcGuzz
Adthissioug on payreeit, 18,773 ; ditto by Luton ticket!,
383—Totil, 14)151.

Ola .01 C. 44,1

THEATRICAL TRIAL AT MELBOURNE.

SUPREME COURT, MELBOURNE, VICTORIA,

FRIDAY, MAY 11.
(Before his Honour Mr. Justice Barry, and special juries
of four.)
BERG V. LEWIg.
This important trial to the theatrical world attracted
" all the talent " of all branches of the profession to this
court on Friday last ; and occupied the attention of his
Honour the whole day.
Mr. Michie and Mr. Follows for the plaintiff ; dr.
Ireland and Mr. Higinbotham for the defendant.
Mr. Fellows stated the case. This was an action to
recover damages for breach of an engagement entered
into between the plaintiff, in behalf of himself, his wife,
his sister, and a boy, on the one side, with the defen-
dant, the lessee of .Aetley's Amphitheatre, on the other
side. The agreement was entered into through the
agency of Mr. Henry Birch, who was, at the time of its
execution, on a visit to England for the express purpose
of engaging a troupe of equestrians, &c., ix behalf of de-
fendant. The agreement was to the effect that plaintiff
was to act as ringmaster ; his wife was to perform cer-
tain acts of equestrianism therein specified ; his sister
was to perform the equestrian feats known technically
by the names of the " trick act," "the double trick act,"
and sundry other acts, specified in the contract. For this
the plaintiff was to receive 501. per week. The agree-
ment also specified that these parties were to enter upon
the duties of their engagement four days after their arri-
val in Melbourne. They arrived here on the 23d of Dec.
last, and the defendant was so anxious for their imme-
diate appearance that he induced them, against their
wishes, to commence their performances on the even-
ing of the 26th of December. During one of the
hurried rehearsals that took place, the sister fell off the
horse, from want of practice, and sustained an injury
to her leg ; she however, took part in certain per-
formances from time to time, until the defendant broke
the contract on the sth of March. It was to recover
damages for this breach of the contract that the present
action was brought.
The agreement was put in and admitted. It con-
tained the conditions of the engagement as described
above ; one, that the boy should also do the " trick act,"
and contained a clause that if, through illness, accident,
or other unavoidable cause, any of the party should be
absent, and unable to perform, then the full salary was
to be paid for the first three weeks ; subsequent arrange-
ments to be at the discretion of the manager.
Mr. Adolphe Berg, the plaintiff, who was examined
through an interpreter, deposed to the agreement having
been entered into while his company were fulfilling an
engagement at Vauxhall Gardens. Birch, the defen-
dant's agent, saw himself, his sister, and the boy per-
form several times before the agreement was entered
into. Arrived here in the Stebonheath on the 23d De-
cember, after a voyage of 109 days. Defendant met
them on board ship, and said that he should want them
to play on the Tuesday following (within the four days
agreed upon). Plaintiff objected ; but they attended
the next morning for practice. Mr. Barlow, "as artist
on horseback," came out by the same vessel, and fell
several times on the first day for want of practice.
Plaintiff again objected at the first morning's practice
in behalf of his wife and sister. They practised three
times. Were knocked up by the sea voyage. Plaintiff's
sister could not ride in public on Tuesday in conse-
quence of an accident at the rehearsal. She was lame
in consequence of this accident for four weeks. She
performed two weeks in a quadrille, the third on horse-
back, and on the fourth she was prevented by the
advice of a medical man. Defendant put an end to
the engagement by letter, dated the 3d of March.
Plaintiff and his sister went to perform on the sth of
March, as their names were in the bills. Defendant
would not let them act. Plaintiff and his sister then
paid their money, and went into the theatre among the
audience, when they were turned out by the defendant
and the police. The whole of plaintiff's company, except
his sister, performed until the 3d of March. For the
first three weeks defendant paid them at the rate of 501.;
for the fourth week, 251.; for the remainder of their en-
gagement, 301. per week. There was a balance of 1751.
due to plaintiff up to the time that the engagement was
broken off.
Cross-examined by Mr. Ireland—Witness himself ap-
plied to have a horse on Monday morning. Did not
understand what "trick act" meant exactly. It was
quite ad libitum. (Loud laughter.) It might mean
jumping through garters, hoops, balloons, or it might
mean something else. His sister did not perform any of
these things on Sunday. "She rode on horseback
standing." She had a rope to support her on that occa-
sion. It was before nine o'clock on Tuesday morning
that the accident occurred. Plaintiff performed on
Tuesday. Did not hear an apology made on account of
the absence of witness's sister. The boy of his company
did not perform the trick act. He danced, be sprang,
he jumped through his leg. He was held on by a rope
with defendant's permission. During the fourth or fifth
week the boy broke his arm by falling off the horse.
Plaintiff had the rope in his hand at the time. When
his sister came back on the sth of March she was able
to do anything. In the quadrilles spoken of the horse
danced the quadrille, and plaintiff's sister sat on the
horse. Plaintiff's sister made her first public appear-
ance as an equestrienne on the 22d of February. She
then danced a shawl dance. She had performed in
pantomime before. Was quite sure that on the morn-
ing of the sth of March the bills announced that his
1 sister was to appear on that evening. Defendant's
doctor had attended his sister. Witness bad refused
to allow her knee to be examined by two surgeons.
Plai,,LlCra sister had complained of weakness in the
knee before the accident. Thu boy did not jump through
any hoop nor over any garter. He had never been asked
to jump through five-and-twenty balloons. Other mem-
bers of defendant's company had jumped through one or
two hoops.
Re-examined—The boy had performed everything he
had been required to do by the defendant.
The court, as well as the learned counsel for the de-
fence, had frequently to complain of the answers of the
sworn interpreter. Indeed, the services of that gentle-
man did not appear necessary, as the witness occasion-
ally made long answers and explanations without his aid.
Madlle. Antoinette Berg examined—Was a rider. Had
been for the last eight years. Played at Paris, Berlin, and
London. Performed in London at Drury-lane, at Ast-
ley's, and at Vauxhall-gardens. Left Vauxhall a fort-
night before leaving England. Arrived here on Satur-
day, 23d Dec., when Mr. Lewis came on board and
asked them to supper at an hotel. It was then fixed for
her to perform on the following Tuesday. She and her
brother both entreated Mr. Lewis to delay their appearance
for a while. She rehearsed on Sunday, Monday, and
Tuesday morning, and performed on Tuesday evening.
She then fell off and injured her knee. She was ill four
weeks, and after that again danced on horseback. While
so performing was told by Dr. Eades, who attended her,
to dismount, for fear of further injury to her knee.
Dr. Eades examined—Was called on the 31st Decem-
ber to attend Mdlle. Berg. It was the second week of
this attendance before she went to exercise. Did not
think she was fit to undergo the risk at the time, in con-
sequence of weakness of the knee joint. It would be apt
to aggravate the complaint. From what he had seen in
various capitals, should say she was a very graceful
rider. Saw her do various tricks; amongst others, pray
like a nun. Had never seen a nun pray on horseback,
or otherwise.
Cross-examined—Was certain he was not called in un-
til the 31st December. Complained that he had not been
called in earlier, as the previous treatment was wrong.
Dr. Gibbeo examined—Had examined Mdlle. Bere,'s
knees ten days ago, and found no indications of weak-
ness.

200/. to pay their passages back to Europe.. NV .'hen the
new arrangement was proposed they had read' ily fallen
in with it. The learned counsel then detailed the facts,
which will be found in the following evidence :
Mr. George Lewis, the defendant—Tool : down a
steamer on the arrival of the plaintiff and his party, and
brought them to Mooney's Hotel, and after dinnfsr
took them over the theatre, and they expressed them.
selves satisfied with the horses and with everything.
Had some good "trick" horses in his ests,blish.
ment, which he had bought at the sale of ',Rowe' s esta-
blishment. Told the plaintiff and his p arty that be
wished them to appear on Boxing night. No objection
was made to this. Plaintiff himself prop osed to prac-
tise on the Sunday. Told the plaintiff r sot 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 inside the circle.
Plaintiff had hold of the rope round hia 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 MdL'e. Berg was unable
to ride. What was to be done ? After 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 501. per week ; subsequently saw the plaintiff,
and said as his party could not do what they had been
engaged to do he would give him 2001. to pay his 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 not
"equal to the first riders of England, France, and Ger-
many." Plaintiff always signed the salary-book when
he received the money.
Cross-examined—These parties were not worth hav-
ing. Had no other emotive for offering 301. per week
than charity, and because ke 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 he bad a rope round his waist ; and receiving a
reply in the negative, said he supposed the learned coun-
sel might play very well in Mazeppa (holding up the
illustrated play-bill) if he were well tied on.
Mr. Henry Birch, treasurer to defendant, deposed
that he saw Mademoiselle Berg do the " trick act " at
Vauxhall before the engagement 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 book with the full know-
ledge that the sum received was Ws salary for the week.
Mr. Thomas Nunn proved that the name of Mdlle.
Berg was not on any bill fcr 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 i❑
the play bill on the back of Mazippa, read some of the
poetic imagery of the bill with coasiderable
Mr. Henry Walker, another of the company, proved
the custom as to signing the salary-book.
Mrs. Annie Yeamans, the colonial equestrienne, de-
posed that the horse ridden by etdlle. 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 Honour 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, and
stating that the jury must determine whether that clause
gave the defendant the power o:* annulling the contract
altogether.
The grand jury retired for hale-an-hour, and then re-
turned with a verdict for the plaintiff-5001. damages.