The Sun.
London, England, 1852-05-07 00:00:00

MAY 7, 1852

LLOYD'S SHIPPING—(THIS DAY.)
LONDON, MAY 7.—Wind at noon S.W., light variable
airs, kud fine.

BELFAST, MAY s.—Wind N.—Arrd. Undine, Bar-
badoes.

SHIELDS, MAY. 6.—Arrd. Inca, Callao. Sld. Equity,
Quebec. The Wenlock has been got off Tynemouth
Rocks.

PULTENEY TOWN, WICK, MAY s.—The Splendid,
Newcastle to Drogheda, which was stranded here 25th
ult., has got off, after throwing part of cargo overboard,
and has been brought in here.
DEAL, MAY 6.—Wind N.E.—Arrd. Preciosa, Rio
Janeiro, for Trinidad; Hero. Demerara. Arrd. from
the River and sld., Henrietta, South Seas; Witch, Hong-
Kong; John Merrick, New York.
FALMOUTH, MAY 6.—Arrd. Ceres, Guadaloupe for
Havre; Fortuna, Baltimore for Bremen; Europa,Manilla.
SWANSEA, MAY 6.—Wind S.W.—Sid. Golconda,Cuba.
QUEENSTOWN, MAY s.—Wind S.—Arrd. Henrietta,
Ichaboe for Liverpool; Onega, Barbadoes.
SLIGO, MAY s.—Wind E.—Sld. Henderson, Quebec.
LIVERPOOL, MAY 6. —Wind N.—Arrd. Owen Potter,
and Progress, Calcutta; Mary Ann, Folliott, Mauritius;
Windermere, James Curson, Lady Louisa, and Maria,
New Orleans; Lady Russell, Mobile; Mary Anna,
Baltimore; SiriuQ, Callendborg; Charles Richards,
Fraser, Monte Video; Fanny, Mobile; Virginia, Char-
leston ; Kedar and Havannah, Baltimore ; Vitus
Malaga. Off port, William Hutt, Bombay and Barbadoes,
Sld. Samuel, Halifax; Gleniffer, San Francisco; Mary..
Cuba; Huron, Quebec; Mincius, Shanhai; Pickwick,
Valparaiso; Rubies, Hayti; Grenada, New Orleans;
Caroline Nismith, New Philadelphia; St. Jacob, Ad-
miral Moorson, and William Ward, Boston.
OFF PORTSMOUTH, MAY 6.—Wind N.E.—Arrd.
Maidstone, Nash, Calcutta.

POOLE, 'MAY .6.—Wind N.E.—Sld. Stanley, New,
fonndland.

TORBAY, MAY 6.—Wind N.E.—Sld. Mary Sharp,
Wheiten, Dalhousie.

CLYDE, MAY s,—Arrd. Cingalese, Leech, Trinidad.
Sid. Mary Ann, Havannah.
SUNDERLAND, MAY 6.—Wind N.W.—Sid. Exchange,
Quebec.

HULL, MAY 6.—Wind N.W.—Arrd. Queen Victoria,
Turner, Charleston; Elizabeth, Shecley, Licata. Sid.
Jane awyer, Narva; Emperor steamer, Canton, St.
Petersburgh.

VICE-CHANCERY -(THIS DAY.
(Before Vico-Chancellor PARKER.)
THE RIVAL OPERA HOUSES.
LUMLEY V. 'WAGNER.

Public curiosity, which has been so largely excited in
this case, was this morning on the tip-toe of expectation.
The court was tightly packed with anxious auditors,
and as there is but one door for high and low to the
little top attic which the Woods and Forests have fitted
up and dignified by the name of a Vice-Chancellor's
Court, his Honour had as much difficulty in finding
his way to his seat as if he had been fighting for a good
place in the pit on the night of the fair litigant's debut.
Having to dispose of a case in his private room, it was
after 12 o'clock when his Honour came into court, and
during the whole of this period of delay the crowd con-
tinued rather to increase than to diminish. Many
persons had come, as visitors do to an assize in a country
town, determined to have a long day of it, with their
sandwiches in their pocket, and indeed there were all the
signs of the excitement which is generally supposed to
be attached to a murder trial. His Honour having at
length taken his seat,
Mr. BETIIELL said that ho appeared in this case for
Madlle. Johanna Wagner and Mr. Gye, the defendants,
to move that the order for the injunction might bo dis-
charged. He might say that it was long since he had
felt so much interest in any case, because they were
here to decide what should be the line of conduct of a
young lady, whom he thought he might say had been
the victim of misrepresentations, and in consequence of
which so much had her health failed that it was doubtful
whether, whatever might he the issue of this case,
Madlle. Wagner would be able to fulfil her engage-
ment with either of the parties. He thought he
should he able to show that the injunction which he now
sought to dissolve had been obtained by misrepresenta-
tion, falsification, and suppression on the part of Mr.
Lumley. The state of the law was, that if it had not
been for the clause stipulating Madlle. Wagner should
not sing at any other theatre but Mr. Lumley's,
the Court would not have interfered, or have
granted the injunction. He would show, hovever, that
so far from this stipulation having been inserted in the
agreement with Madlle. Wagner, she had positively for-
bidden Dr. Becher to insert any such clause ; and after
it really had been added to the agreement, Madlle.
Wagner having remonstrated with Dr. Becher, he un-
dertook to obtain from Mr. Lumley a modification of
this stipulation when they had arrived in London. Now, it
must be observed, that Dr. Becher was the recognised
agent of Mr. Lumley, and though he did not wish to
make any personal attack on Dr. Becher, it was certain
that that gentleman had engaged for more than he could
perform, and that it was on this mistaken trust to
Dr. Bather's power of obtaining this modification, that
Madlle. Wagner had refrained from any more open re-
monstrances against this injurious condition. This
would be one of the chief grounds on which he should
rest his argument for the dissolution of this in-
junction. It had also been represented unintentionally,
perhaps, but certainly falsely, that no engagements were
made in England with artistes except with such a con-
dition annexed. That he would show was not the case.
Another ground on which he would rest was the failure
of Mr. Lumley to comply with one of the conditions of
the agreement, the pre-payment of the sum of 3001. to
Madlle. Wagner. This money was not paid as stipulated,
nor, as he would show, was it ready to be paid; and the
time having elapsed Mr. Lumley was served with the
usual notarial protest on the part of Madlle. Wagner,
that she considered the engagement at an end.
Against this Mr. Lumley's answer was founded, first
on a mis-translation of the French words of Herr Wag-
ner's letter; and, secondly, on the assertion that Dr.
Bacher had the money ready to pay before, the stipu-
lated time. Now, that Dr. Becher had the money was
more than doubtful, that he had offered to pay was de-
nied, and that he had not paid it was placed beyond a
doubt. Not content, however, with one mis-transla-
tion, but for the [purpose of prejudicing the lady
in the mind of the British public, he had resorted to
another—be meant the words in Herr Wagner's letter
which had been, rendered in Mr. Lumley's affidavit,
" England was only to be valued for the sake of its
money." Now, the real meaning of those words was,
that " England only rewarded with money;" meaning
that foreign artistes did not receive in this country that
attention and reception which was accorded to persons
of that rank in foreign courts, but that the only re-
muneration and reward which they received was
the largeness of the salary. Now, with re-
gard to the prohibitory stipulation, the affida-
vits of Mr. Lumley and Dr. Becher were in-
tended:to lead the Court, to believe that it was inserted
with the free will of the Wagners—the accounts of the
two, however, differed from each other considerably.
Becher said that it was omitted, when the contract was
first signed, by miste:ke, although in a former part of
his affidavit he said that this very article had been the
subject of great consideration; between the parties. It
also appeared that Mr. Lumley had furnished Dr. Be-
cher with a form of the usual contract which he made with
foreign artistes, in which it appeared that there was a
stipulation of this nature, and yet the Court was to be-
lieve that with this printed form before him Dr. Becher
had by mistake omitted this prohibitory article. Now, the
Wagners in their affidavits stated that Becher came to
them with Lumley's printed contract in his hand con-
taining this stipulation; they objected to this prohibi-
tory article altogether, and refused positively and
determinately to sign any contract containing
it. Oa the suggestion of M. Meyerbeer,
the celebrated composer, Herr Wagner drew
up in writing a contract which he and his daughter were
ready to sign. This, in fact, was signed by both par-
ties, and Becher was sent back to Lumley with it. On
his return, however, to the Wagners with this prohibi-
tory clause inserted, they remonstrated with him, and
distinctly told him that that very clause had been ob-
jected to from the very first by them. Becher then said
in extenuation, that he had not time then to return to
Lumley, but he would undertake, when they arrived in
London, that a fresh engagement should be made
without this clause. He could also show, from the
familiar letters which passed between the Wagners and Dr.
Becher, the Wagners were perpetually complaining of
their prohibition. The Learned Counsel then proceeded
to read letters, in which repeated expressions were used
by the defendants significative of their dissatisfaction at
this clause. Whatever might be the opinion of the
Court as to the prohibition, there was no doubt that it
was an article on which there had been considerable
disputeth , which
Court had been repudiated by the defendant,
and e would no doubt feel that this was
not a provision to which this lady could be legally,
equitably, or morally bound. Becher had evi: to both parties which
dently made statements
he was not authorised to do and if
had been unwise enoug nca enough to trust
Wagner or iUtiousMr. LurnlesYt
Dr. Bather's professions in direct contradiction of the
Wagner repudiations
quences. Ile thought%-j.r. Lumley
must 1r
on the whole the Court would
not think that this condition had been added to the
original contract in such a manner, and so entirely above
all doubt, as to make it one the' fulfilment of which
should be forced on
the young lady by the extraordi-
nary means sought to be put in force against her.
The Learned Counsel then read Madlle. J. Wagner's
affidavit, stating that when Becher came to her at Berlin
with a printed torus of ageeement containing this re-
striction, she had refused to sign any agreement con-
taining such a clause; that Becher told her it was usual
in all engagements to insert it; that Mr. Lumley,nn._ had
at
engaged all the principal artistes in
his theatre ; and that if Mademoiselle Wagner
went to Covent Garden she would have the
whole press against her, as it was universally in the
interest of Mr. Lumley. Thee, he (Mr. Bethel') thought
was very creditable to the press, for it must have been
a gratuitous service. The affidavits cf Mdlle. Wagner,
and her father, then went on. to depose the facts which
he had already stated with reference to the transaction.
(The case was proceeding when our report left, and
is expected to last the whole of the day.)

EXCHEQUER.--(THIS DAY.)
CANNAN AND OTHERS, ASSIGNEES, V. SoIITH-EASTERN
RAILWAY coXPANY.
This was an action of trover to recover the value of
a quantity of timber which had been deposited with the
company. The fact were, by consent, stated in a spe-
cial case, from whih it appeared that a person, named
Na
deposited some timbor in a wharf belonging to
the company, on the übders tending that it was to be I
delivered up on payment of 'the wharfage charges. Sub-
sequently Nash became a Ix inkrupt. After the fiat was issued he sold the timber without the knowledge of the

assignees, and by his order the defendants handed it
over to the purchaser. The plaietifTs contended that
the property was vested in them, and that the de-
fendants had no right to deliver it to any one except
by their express directions. It was admitted that the de-
fendants had neither notice of the fiat nor of the act
of bankruptcy. The Court entertained no doubt what-
ever as to the goods being those of the assignees, but
they thought t 4) d fondants were protected by the 84th
section of 6 Geo. IV., c. 16, which said that no person,
body, corporate, or public company, having in their pos-
sesiton any goods belonging to a bankrupt,
should be
endangered by their delivery to the bankrupt, provided
they had nut at the time any notice of the act of bank-
ruptcy. It was argued that the operation of that section
was confined to the period before the issuing of the
commission, until which time the goods properly be-
longed to the bankrupt; but the Court did not think tbst
was a proper construction of the section. Its real object
was to protect wharfingers, dock companies, and other
public bodies against losses when the delivery of good;
to the wrong party was owing to no fault of their owe.
The point as to the notice of the fiat being ipso facto 0
notice to the whole world of the party's bankruPtch the
Court considered was not tenable. Oa these grounds
the judgment would be for the defendants.
Judgment for the defendants.

CHESTER RACE
(THIS DAY.)

(BY ELECTRIC TELEGRAPH.)

Mountain Deer..
Black Doctor

The Cheshire Stakes.

The Marquis ...

Orlando filly

Falstaff colt

Won by a neck.
The Wirrall Stakes.

1
...

••• ••• •••
The Cestrian Stakes.

•••

walked over

walked over

TO THE EDITOR OF THE SUN.
Sig,—ln your paper of to-day it is stated that the en'
tries for the Grand Challenge Cup of the Royal Thar
Yacht Club closed last evening, at the Piazza Coue°'
house, Covent garden.
I beg to inform you that, since February, 1851, this
distinguished Club have removed to my house.
Trusting you will rectify this error in future, to pro
vent mistakes, I am, Sir, your obedient servant.
ANN WARDIBI

Belford Hotel, Covent-garden.
Ma•.`- 6, 18.52.

ROYAL ITALIAN OPERA.
In the place of Il Flauto Magic°, originally announced'
the immortal Don Giovanni was performed last evening'
for the first time this season. Cunsidering the c.'
comprising the unequalled Grisi, Castellan,
Tamberlik, Tagliafico, and Marini, and the wonderft.i;
forces marshalled under the baton of Signor Costs, ist, ir
needless to say how the opera was executed on eit'e
side of the footlights. A chief feature in the perform'
anco was the assumption of the role of the Don by 11;
'Joni, who exerted himself zealously and successfulli•
was a triumph of consummate art over exterior als7be
ableness to this peculiar personation. Her MajestYrort
Queen and his Royal Highness the Prince C°ll-- .
tterld
honoured the house with their presence, and the s
Boncosl:
ance was most fashionable and numerous.

ST. MATTHEWS NEW CHURCH, ST. PANCOS.--:ci
Yesterday the Right Hon. Lord John Russell publicly la!
bia
the foundation stone of a new church, on a site given by is
Grace the Duke of Bedford, in the parish of St. Patter'
the presence of a large concourse of persons.
. A
THE DEAN AND CHAPTER OP ROCHESTER - red
MR. WitisroN.—The further hearing of this case is aPPeiri-of
for Monday, the 10th inst., at half-past ten, in the WI" -
Doctors'-commons.
v t
RAILWAYS AND THE GREAT EXHIBITIC4..---.1„.
must be very satisfactory to see the comparatively
of ttl
falling off in the present weekly traffic of this year
principal lines compared with that of the last. It will be Wncea
for railway proprietors to bear in mind that, with very te"bs-
smaller weekly returns this year, the directors maY, ea,
enabled to pay larger dividends than the p.oprietors rectal:le
from the profits of the Exhibition traffic, owing to t,ia
enormous expenses the companies were called upon to in' ,
in management, maintenance of permanent way, new loc,il.
motives, carriages, &c., to enable them to meet the del:13081
trifling
of an almost overwhelming and unprecedently low-ard,
traffic. From the overcrowding of passenger traffic the g°°4
traffic was also worked last year at a much greater exPen'oi
so that on the whole a great reduction in the percentage be
working expenses during the current half-year may fairly fa
anticipated both in the passenger and goods traffic, an
„,f
therefore it is to be hoped that much larger sums instead :1,
smaller will be divided among proprietors at their next las'.,'„
yearly meetings, although the half-yearly gross receipts may
be less.
...in
SOCIETY OF ARTS, JOHN-STREET, ADELPITI. ,0
continuation of the series of lectures, by members, of I".
above society, on the contents of the Great Exhibitic?o,,,:
most interesting one was delivered to a crowded audiee'
last night, by,the Rev. Gazalett, on the musical instruments'.h, the
After a short introduction, the lecturer commenced wt,' so.,
organs, then pianos, harps, stringed, wind instrument
commenting briefly on the construction and
Ile then took a commercial view of the science 1,'),„.,f rub
r er
and read a return from Exeter-hall of the !----ssecred.
people who had been admitted to the concerts of the ra- eiptS
Harmonic Society since its formation, with the gross ""c ith *
and, after a few more general observations, concluded N'l srt
hope that, as he had shown that music was not only an
OSP
but a science which enters largely into commercial relation to
and expressed a hope that Government might be inducedjt
history o
116• 4
sanction a "A Musical Art Union" on the basis of tue
Union as an encouragement. At the conclusion the lectureria
was warmly applauded, and a vote of thanks to hi_.
for his valuable paper, having been moved and seconded, w'''
carried by acclamation.
SALE OF AUTOGRAPHS.—A very interesting on cir
valuable collection of autographs, formerly the property°l,,
_
Mr. C. M. Westmacott, the well-known author and jonrossrp
ist, were sold yesterday and the preceding day by Alene 0.
Puttick and Simpson, at their rooms in Piccadilly. 2" is
illustration of the value of the collection the tolloring,,i,
given i.—Lot 174, " an extraordinary collection of autegTarts
letters and documents prior to and during the Cons
and the Empire, including autographs of the BonaPho• ,
family, their collateral branches, public Ministers, Inere.rne
and generals, comprising nearly every celebrated 11!„,,,,s
during his (Napoleon's) marvellous career;" this lot r
~,
knocked down for 251. Lot 177 and 178, being a history:7
the London newspapers, with biographical and other net'
of the proprietors, editors, contributors, and rep
g
This was a most interesting historical collection, beir;,
-al
the unpublished manuscripts of Mr. W. L. Proby,
...fel. 11,,r,0,-
wards of a quarter of a century sub-editor of the orTh7',
Chronicle, compiled for a projected " History of theth -r▪ a co'
Press." Press." This collection was enhanced in value by
pious illustrative notes by Mr. C. M. Westmacott. They
two lots fetched 101. Lot 173, a collection of autograph'
and documents of Louis Philippe, Queen Amelia,
their household, etc., fetched 4/. 6s. Lot 144, a collectioA
e
of letters relating to the defeat of the Coalition MinistVr.:
from George 111., C. J. Fox, Lord North, who writes to
.11r,,
Fox that the King was now averse to the East India B' 'd
rtlao •
These letters were chiefly addressed to the Duke of Po
and realised only Si. Lot 352, the correspondence of Evan'
centric Dr. Monsey with Hervey, Garrick, Emin Emin, for
son, and David Hartley. This lot was knocked down
itio
1/. to Mr. T. M. Stone, of the College of Surgeons, vibe
cor-
became the purchaser of letters from Hunter, and the tyr,
respondence and bulletins relating to George lll.'s Valli.
by Spencer Perceval, Dr. Heberden, Willis, Sir 11. ''''-
ford, &c.
9'
COLLIERY EXPLOSION.—SHIELDS, THURSDAA, t ~,
r.m.—This forenoon a fearful explosion took place in the
tfrf-it called the " A Pit," Hepburn Colliery, five miles
his place. There were 200 men and boys in the pit, etli
the explosion was confined to the Chapter fiat, an advaartiet
working. The whole of the men and boys in that P-. 1:.
amounting to 22 in number, were instantl killed by
'-_.,!
fire. The fire was extinguished by meeting a horse drat",
upset and severely injured, but the menY t y .
ing a number of tubs along the roll -wa -the horse W,,,''
fortunately escaped. ravelling in
' the tg'`.
The pit was well ventilated, and vet:
thing is as yet known as to the causeproducing the accidee
The lessee of the colliery is Mr. Easton, of Gateshead. Tile
pit is in the fiery Bensham seam, and this is the third 01'
plosion that has taken place in it during the last 20 year'`The whole of the bodies were brought to the bank in about
two hours. No injury has been done to the ventilation. i
meeting
LONDON AND BLACHWALL RAILWAY.--A special
Tavern too! this
ayli isn
m nthe Eastern Counties
Railway Company and the London aad Blackwall Railway •
cieai walls heldth enable es terday at the Lovd.o!
Company to construct a railway with branches to Tabu-11,
and Southend, and to provide steam communication e/.
Gravesend ; Mr. J. N. Daniell in the chair. The Chai
said that the nature of the opposition to the Bill in Passinf ;
through the House of Commons showed that the Bill I..crr 0
worth lighting for, and that they would have a geed "I'm:, ;Li
on the line. Mr. Tyerman read the heads of the Bill, i'7,,e,;, 31,
authorized the raising of 400,000/. on shares, and 100,eX „i,
on mortgage. On the motion of the Chairman, a resolutigusg.
approving of the Bill was carried unanimously. It to
stated that the Thames Haven Dock would be available
"„f
the company, when required ; and after a cordial vote'
thanks to the chairman the meeting separated. ~, to
At an early hour yesterday morning, property bet;
the value of some thousand pounds was destroyed u;', i .t,
on the premises of Messrs. Myers, clothiers, Houndsclitc a
opposite Aldgate Church. The flames were not extingolsb.e h
wit
for two hours. The family had a
their lives.
~. a
very narrow escape -
A CHILD KILLED BY ITS MOTHER.—Yesterday ,
woman named Chitty, living in Quarry-street, Guildfort .
made a murderous attack upon her two female children, iit et
flicting such injuries on them with a large wooden mai'
vr that the youngest child, aged seven years died in a
y -e '
~t.
hours, and the elder one is so badly wounded that her ' re'
covery is extremely doubtful. The
wretched woman's b ,„a1,5;
band has been confined in a lunatic asylum for some t '''"'"
past, and there is no doubt that she herself is at present ; lai
bouring under a paroxysm of insanity A coroner's ing fist
was held in the course of the day, and. a verdict of " W ""I-.
murder against Maria Chitty" was returned-
She wIL4
committed to Horsernonger-lane Gaol to await her trial. She
attempted to commit suicide in the morning by
had Wang"'
ling herself with
1 a handkerchief, but was prevented by her
attendants from accomplishing her purpose.
.........7