The Sun.
London, England, 1864-07-23 00:00:00

WRECK OF A LARGE EMIGRANT

,&RKLOW, IRELAND, THURSDAY NIGHT.

The Rev. R. E. Eaton reports :—" The lifeboat of the
National Lifeboat Institution went out this morning to a
large vessel on the banks, and returned in tow of a
steamer, having 250 passengers on board. As the vessel
remains on the banks, with the crew on board, I have sent
out the lifeboat again, Captain Balfour. R.N., Inspecting
Commander of the Coast Guard having gone off in her.
The ship proved to be the Constitution, from Liverpool to
New York. I will send further particulars by nowt post.

THIRD FDILTION

SUN OFFICE, SEVEN O'CLOCK.

SPORTING INTELLIGENCE,—This Day,

CITY BETTING—TiIIs DAY.
STEWARDS' CUP—GOODWOOD.
100 to S agst Balornock (taken)
100 to 8 agst Bertha
GOODWOOD STAKES.
2 to 1 agst Thalestris (taken and offered)
6to 1 agst Claxton (taken)
11 to 1 agst Guillaume le Tae:turne (taken)
100 to S agst Blondin (taken)
100 to 8 agat Stanton (offered)
20 to 1 agst Fisherman's Daughter (taken and
offered)
20 to 1 agst Liniosina (taken and offered)
GOODWOOD CUP.
3to 1 agst Dollar (taken and offered)
6to 1 agst Lord Clifden (taken freely)
100 to 15 agst Claremont (taken)
7to 1 agst Sttadella (offered)
10 to 1 agst Lord Z Aland (offered)
Very little doing.

FOURT a EDITION

SUN OFFICE, HALF PAST 7 O'CLOCK.

TAT TERSALL'S —This Evening,

STEWARDS' CUP-000DWOOD.
10 to 1 agst Saccharometer (taken)
15 to 1 agst Balornock (taken)
20 to 1 agst Johnny Armstrong (taken)
20 to 1 agst Lady Clifden (taken)

GOODWOOD STAKES.
2to 1 agst Thalestris (offered)
sto 1 agst Claxton (offered, take 11 to 2)
11 to 1 agst Guillaume le Taciturno (taken)
12 to 1 agst Stanton (offered)
20 to 1 agst Bally Edmond (taken)

GOODWOOD CUP.
3to 1 agst Dollar (offered)
6to 1 agst Lord Clifden (offered)
7to 1 agst Stradella (taken)
7to 1 apt Claremont (taken)
10 to 1 agst Lord Zetland (taken)

ST. LEGER,.
5 to 2 agst Blair Athol (taken)
4 to 1 agst General Peel (taken and offered)
5 to 1 agst Scottish Chief (offered)

THE DERBY.
28 to 1 agst Zambezi (offered)
33 to 1 agst Wild Charley (taken)
50 to 1 agst Joker (taken)
66 to 1 agst Oppressor (taken)

ASSIZE INTELLIGENCE,

HOME CIRCUIT.—LEwEs, July 22,
(Before Mr Baron Martin and a Special Jury.)
TELBIN V, PECHTER.

This was an action brought by the plaintiff, the eminent
theatrical scene painter, against Mr Feehter, the well-
known tragedian and lessee of the Lyceum Theatre, to re-
cover a sum of £136 ss, being the balance alleged to be due
to him for services rendered to the defendant in his profes-
sional capacity, in the production of the tragedy of "Ham-
let" at his theatre.

Mr Hawking, Q.C., and Mr Shaw were for the plaintiff
and Sergeant Ballantine and Mr Cover....try were counsellor
the defendant,

It appeared that in the month of February of the present
year the defendant sent for Mr Telbin and informed him of
his intention to produce the tragedy referred to, with new
scenery and effects, and he desired him to paint the former,
and he was to be paid the sum of £lOO for his services in
this respect. Mr Telbin agreed to these terms, and some-
thing was said about the scenery being ready by the 20th
April, but according to the evidence of the plaintiff he was
unable to complete his work'by that time, and that one of
the reasons for that was, that Mr Fechter discharged his
principal stage carpenter, a person named Baze, and em-
ployed a Frenchman named Gaudin in the same capacity,
and as he could not speak English, and Mr Telbin could
not speak French, they had great difficulty in communicat-
ing with or understanding each other, and that this caused
considerable delay. It appeared that the scenery was not
sent to the theatre until the 14th of May, but on the part
of the plaintiff it was said that this was not of any
consequence, inasmuch as Mr Fechter, who was to play
Hamlet, met with an accident in the month of April, and
he was ordered by his medical adviser not to perform for a
month, so that if the scenery had been ready by the 20th
of April it would not have made any difference, as the play
could not have been brought out owing to the condition of
Mr Fechter. While the work was going on, the defendant
paid Mr Telbin £270 on account, and it appeared that
about the beginning of May he became very angry with
the plaintiff, and wrote him several letters, in one of
which he stated that he had lost £2,000, in consequence of
his not having fulfilled his agreement to complete the
scenery by the 20th of April, and which sum, he said,
Mr Telbin's painting would never restore to him in cash ;
and in another he stated that "if Mr Telbin's conduct in
causing him to lose his money did not strike him with re-
morse, he-was sorry for his conscience." The reading of
these letters caused a good deal of laughter in the court,
particularly the one containing the last mentioned observa-
tion, and another in which he requested him to come to his
house and talk the matter over "over a pipe." The plain-
tiff, in his evidence, positively denied that he had ever
undertaken to complete the scenery by the 20th of April,
and said that all he stated was that he would endeavour to
do so, and it appeared that after the scenery had been
delivered at the theatre, which was on the 14th of May,
he went there for the purpose of putting a few finish-
ing touches to some of the scenes, which is always neces-
sary under such circumstances, and which according to the
plaintiff's statement would not have taken him more than
four or five hours to complete, and he was refused admis-
sion, and he was eventually compelled to bring the present
action to recover the balance cf his olaim, he having, as he
alleged, actually spent £293 out of his pocket for assistance
and other matters connected with the work that he had.

performed.
Sergeant Ballantine, in his address to the jury for the do.
fendant, said that he resisted this claim on the ground that
the plaintiff had positively undertaken to have the scenery
ready by the 20th of April, and that by failing to so, the
defendant had sustained a very serious loss, as his object
was to produce the play of "Hamlet" on the anniversary
of the birth of Shakspere on the 23d of April, and although
his accident might have prevented him from strictly
carrying out his intention, still, if the scenery
had
et been
, e
thc,
supplied at the time specified, the play might have been
produced much earlier than it really was, and on this
ground he contended that having broken his cont
e 20th of April, but
that it would require some extra exertions, and he said
plaintiff had already been sufficiently paid for the work lee
b
had performed.
Mr. Fechter was summoned as a witness, and his version
y under-
of
took
to hetrhaanvseacthtieenseweansey
,rtharteatdhye pblyaitnhtiff positive]
he agreed on that account to give him
1100. He also said,
exer‘
that under ordinary circumstances he should not have
paid Mr Telbin for the scenery a larger sum than £3OO, and
he gave him the additional amount upon the consideration
that the work should be done in a shorter time. He stated
in addition to this that when the scenery was delivered on
May 14 it was in a most incomplete state, and he was com-
pelled to postpone the performance for a week, and during
that time he paid £7O to other artists to complete the scenery,
and also had to pay the whole of his company a fortnight's
salary, during which the theatre was closed, solely, as he
alleged, on account of the plaintiff having failed to perform
the contract which he had entered into.
Baron Martin having summed up, the jury almost imme-
diately said they were of opinion that Mr Telbin bad not
made a contract to complete the scenery by the 20th of
April, and they returned a verdict for the full amount
claimed.

The learned Judge said he concurred in the verdict, but
he could not help at the same time expressing his opinion
that Mr Fcchter had misunderstood the nature of the
agreement that was entered into, and that he had given his
evidence as to the contract under this impression.
A long and uninteresting right of waycaso was then dis-
posed of before Mr Justice Willes, and this concluded the
business of these assizes.
The commission Twill be opened on Monday at Maid-
stone, where there are already nearly 60 prisoners for trial ;
one of them is charged with murder, and there is also
a case of conspiracy to cast away a chip. Most of the
other cases are of the ordinary description.

The Queen has been pleaued to appoint James Crosby,
Esq., to be Immigration Agent. General for the colony of
Brithib. Guiana.