The Sun.
London, England, 1855-12-18 00:00:00

LORD ERNEST VANE TEMPEST.

This was an action for trespass arising out of the late
assault on the plaintiff by the defendant at the Windsor
Theatre, in September last.
Mr. James, Q.C., and Mr. Griffiths were counsel for
the plaintiff ; the Attorney• General, Mr. Skinner, and
Mr. Finlayson for the defendant.

Mr. James opened the case, and called the following
witnesses :

Mr. Albert Nash deposed—l was lessee of the Wind-
sor Theatre. It was of importance that I should have
the patronage of the military stationed there. On the
evening of the 21st September last there was a benefit
at the theatre for Miss Conway, one of the company,
under the patronage of the defendant. Lord Ernest
Vane Tempest was behind the scenes of the theatre that
night, but I did not think there was any harm in it.
It was a usual circumstance his being there. I believe
two of his brother officers, Captain Webb Smith
and another gentleman were standing by the side of
him ; they were both strangers to me. I performed
only in the after-piece. After the conclusion of the
first piece a message was brought to me in my dressing.
room, in consequence of which I gave certain directions
to Mr. Rogerson, my stage manager. I received a
second message from Miss Emily Stuart, a member of
the company, and in consequence of that I went to the
ladies' dressing-room, where I saw the defendant. Miss
Stuart was also there. The room was lighted with gas
at the time, but before I got to it it had been put out.
I requested the defendant to leave the room, to which
he replied by making use of a very bad expression, tell-
ing me at the same time to go to hell. I again requested
him to leave, but he refused. The performance was de-
layed in consequence, and the audience were noisy and
impatient. Finding I was unable to induce him to leave,
I turned to one of his brother officers and asked him to
endeavour to get the defendant out quietly, as I did not
want a disturbance. He laughed, saying "Get him out
yourself." I again requested the defendant to leave the
room, and he again refused, on which I threatened to
send for a policeman, and remained during the time
walking in front of the door—Miss Stuart, who was
partly dressed for her part, and the defendant remaining
in the room. At the sight of the policeman the de-
fendant left the room, and I went to my
dressing-room and finished dressing. About 10
minutes after some one came to my room and knocked
at the door, and said something. About 10 minutes after
I had finished dressing, and left the dressing-rooat to
proceed to the stage along the back of the back scenes.
It was quite dark. I met the defendant there, who
said, " Nash, I want to speak to you." I said, " The
curtain has been down long enough ; 111 speak to you
afterwards." He laid his hand gently on my shoulders,
and said, " Come along, I want to speak to you." I
said, " No, my lord, the curtain has been down quite
long enough, and I'll speak to you afterwards." I en-
deavoured to pass him, but he tightened his hold of me,
turning me round, and forced me to the top of a pair of
stairs leading under the stage. He held me in that posi-
tion that I was powerless, and he said, "Now,
,you
young devil, you have dared to give me in charge of
a policeman, and I'll break your infernal neck." Think-
ing I should be killed if I was thrown down, I cried out
"Murder." He then threw me down the stairs, and
followed me there. My prompter, named Rogerson,
hearing the noise, came to the bottom of the stairs, and I
fell against him. I fell first against his shoulder, and then
on the ground. The defendant was afterwards expelled,
and I gave orders that he should not be again re-ad-
rnitted. After the conclusion of the performances I heard
the defendant's voice as if proceeding from behind the
scenes. I played in the third piece notwithstanding the
knocking about and bruising I had reoeived. I beard
the defendant say " I'll kill the young devil if I can find
him." I endeavoured to avoid hint if possible. The defen-
dant had been behind the scenes for a long time, and after
the audience had departed I considered it was my duty
not to leave the theatre. I had never given the defen-
dant permission to go behind the scenes. The theatre
up to this time had been progressing favourably. I had
employed some portion of the band of the regiment who
played up to the time of the major's bespeak, which was
after this occurrence, and after that they refused to play.
Cross-examined by the Attorney-General—l am 30
years of age ; about seven years ago I was the manager
of the Deptford Theatre. On the night of the fall of
Sebastopol the officers gave a bespeak, and by some ode-
take the officers' box was filled and I asked them behind
the scenes. The defendant did net go into any of the
ladies' dressing rooms in my presence. I never said to
Rogerson, who came to remonstrate with me for allow-
ing defendant to go into the ladies' dressing room,
" Never mied, its only a lark." I only allowed those I
knew to go behind the scenes. My stage manager never
remonstrated with me for permitting improper persons
(females) behind the scenes. I never allowed smoking
there, but I have seen drinking there. I have no recol-
lection of being remonstrated with by Mr. Eager, su-
perintendent of police, and that he would complain to
the Mayor of Windsor of the conduct permitted behind
the scenes. A person named Webber, connected with
the amateur performances of Windsor, had made such a
statement because be refused him admission behind the
scenes. I have been incapacitated from going on the
stage to perform but on three occasions. My father is
an attorney, and has the conduct of this action. My
mother was my check taker. I will not swear a disturb-
ance arose other than one of the three nights stated with
my mother respecting my drinking. I did not pull her out
of the box to get at the drink. Indisposition of an
actor was often made an excuse for an actor's absence on
account of intoxication. It was the usual excuse. On
one occasion he rushed from the theatre in my stage-
dress, and went through Windsor-street to my house.
The witness was examined at much length with refer-
ence to his pecuniary position, and the effect the fracas
had on his continuing the theatre open, but the Attor-
ney-General was stopped by Lord Campbell, who said
he understood the special damages were withdrawn.
Mr. James said he should press that point, because
from this fracas with the defendent the plaintiff's theatre
had been ruined.

Witness—l spent 101. in fitting up the theatre.
Nineteen-twentieths of the country managers opened a
theatre without money, I paid for my gas nightly, be-
cause the company would not trust me. 'n one occa-
sion the property man lent me half-a-crown to pay the
railway fare to Wickham, but instead of going there I
went to a public-house and spent it. I have not repaid
it. He might have got me a bed at another public-
house and put me into it that night. The audience were
not Kept waiting the first night of the season for want
of gas. My mother paid for it. The audience did not
one night leave from the band refusing to play because
they had not been paid. On one occasion the audience
had to leave because Mr. Rogerson went forward and
said, " I was drunk," and I went and said I was not
drunk.
Lord Campbell said he thought enough had been said
of the plaintiff's general habits.
Witness's examination continued—My rent was 3/. a-
week I have paid two weeks out of six. Some of the per-
formers had been paid, and others had not been paid.
The night this fracas occurred I wa.s as sober as ever I
was in my life. The first night he struck me the house
was full. I don't remember of Rogerson, the stage ma-
Hager, and Tennent, the property man, retnonstraticg
wish me respecting the manner in which the theatre was
conducted.
Re-examined—Defendant had been in the habit of
coming behind the scenes for a few weeks. Drink was
brought into all theatres during the acting. Defendant
had been there when drink was brought in.
Miss Emily Stewart, actress, of Windsor Theatre, was
to have performed on the night of the 21st September.
I and Miss Conway dressed in one room. The defendant
followed me into the dressing-room after I bad sung a
duet, after the first piece. Only the dresser and myself
were then in the room. I remonstrated with him, and
begged him to leave the room. He said he would on
one condition—that I would go to supper with him at
the barracks. I said, " Net on any conditions." I
left the room and went to the stage-manager and corn.
plained to him. Mr. Rogerson desired the defendant to
leave. He said he would if I promised him on my soul
to go to supper with him. I replied "On no account." He
refused to leave, and I went outside the room and there
saw Mr. Marsh, and I begged him to entreat Lord
Vane to leave the room. A policeman, I believe, had
been brought to the theatre, and then Lord Vane walked
out of the room.
The witness was cross-examined by the Attorney-
General, but nothing material was elicited.
Several other witnesses having been called in support
of the plaintiff's case,
Mr. James then addressed the jury on the plaintiff's
case, and was fellowed by
The Attorney-General, who addressed the jury for the
defendant, contending no damage had been inflicted on
the plaintiff, and that the action was brought to recover
damages for an assault that had been already adjudi-
cated on that the law would not recognise.
Lord Campbell having summed up,
The jury retired, and shortly after returned a verdict
for the plaintiff—damages, 251.

EASTERN COUNTIES RAILWAY.—The Board of Trade,
whose attention to the state of this railway had been
called by the Town Council of the city of Norwich, have
appointed Lieut.-Col. Wynne, R.E., to inspect the line be-
tween London and Norwich. The danger, apprehension
of which is so strongly entertained, will thus be guarded
against, and the Board of Trade, by attending to the
representations of the corporatio❑ of Norwich, have
shown most laudable alacrity in the discharge of a public
duty. Col. Wynne is an officer whose report will satisfy
thopublio mind, and remove all doubt.