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

Tilt sUN, LONDON, TUESDAY EV ENING, DECEMBER 18, 1855.

LAW INTELLIGENCE----erhis Day.)

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COURT OF QUEEN'S BENCH.
THE LATE FRACAS AT WINDSOR TIIKATRE.-NASiI V.

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50
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St.

LORD ERNEST VANE TEMPEST.

.SUN 4'FFICR, Seven o'Clock.

TIJil was an action for trespass arising out of the late
assault on tho plaintiff by the defendant at the Windsor

WOLVERHAMPTON RACES (This Day.)

Theatre, in Sopternbi:r last.
Mr. James, Q.C., and Mr. Grialt'es were counsel for
the plaintiff; the Attorney• General, Mr. Skinner, and

(BY ELECTRIC! TELEGRAPH)
SELLING STEEPLECHASE.

Mr. Finlay Eon for the defendant.
Mr. Jamas opened the case, and called the following,
witnesses :

Ploughboy ..
Other two dite not pass post.
lIURDTZJIE RACE.

Mr. Albert Nash depoeed—l was legsee of the Wind-
sor Theatre. It wag of importance that I should have

Harry Lorreqn er
Sally
Bourton

the patronage of the military stationed there. On the

evening of the 21st September last there was a benefit
at the theatre for Miss C.)nway, 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 is 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 cf the
first piece a message was brought to me in my dressinß
room, in consequence of which I gave certain directions
to Mr. Rogerson, my stage manager. I received a
second message from Miss anily 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 cut.
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, hut be 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 pare, 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

Tea ran.

JUVENILE STAKES.

Prince's Mixture
Cripple
AUTUMN yIANDICAP.

Alonzo
Kildare colt —
Master Slender

Fora ran.
£4O YL A.TE.

at the door, and said something. About 10 minutes after
I had finished dressing, and left the dressing-room 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 ; I'll speak to you
afterwards." Ho 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 wider the stage. He held mein that posi-
tion that I was powerless, and he said, "Now, you
young devil, yon 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-
mitted. 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 received. I heard
the defendant say " I'll kill the young devil if I can find
him." I endeavoured to avoid him if possible. The defen-
dant bad 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-exert:tined 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 mis-
take the officers' box was filled and I asked them behind

Dbe scenes. The defendant did nc.t 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 mind, 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 condu3t permitted behind
the scenes. A person named Webber, connected with
the amateur performances of Windsor, had made such a
statement because he 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
Nineteen-twentieths of the country the theatre.
managers opened a
theatre without money, I paid for my gas nightly, be-
cause the company would not trust me. Cn ono 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 tne 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 bean said
of the plaintiff's general habits.
Witness's examination continued--MY rent was 31. 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 was 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-
nager, and Torment-, the property man, renionsttaticg
with tne respecting the manner in which the theatre was
conducted.
Re-examined—Defendant had been in the halA of
coming behind the scenes for a few weeks. Drink was
brought into all theatres during the acting. Defendant
bad 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 roon'. The defendant
followed me into the dressing-room after I had 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, " Not on any conditions." I
left the room and went to the stage-manager and com-
plained to him. Mr. Rogerson desired the defendant to
leave. He said be would if I promised him on my soul '
to go to supper with him. I replied "On no account." 11.
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.
Thu 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.

THE HOUSE OF
EpfORE : A FAMILY HISTORY.—
There is great originality in this novel, as well as great
power. "The House of. Elmore" is a thoroughly suc-
cessful work. Our admiration is extorted by the strong
feeling of the book, by the familiarity it displays with
the subtleties and depths of human nature, by its wealth
of incident, the point and spirit of its dialogue, the
graphic matter thrown in the back ground of every
scene. A few of the situations are certainly redo-drama-
tie, but not more melo-dramatic than many in the work
of our most favoured novelists. But the strongest
praise we can give to " The House of Elmore" is to say
that from the first chapter to the last it excites a pro-
found interest."—Sunday Times.
RACHEL GRAY. BY JULIA KAVANAGH. 1 VOL.—
This new tale from the charming pen of Mies Kavanagh
will be heartily welcomed by readers of all classes as one
of the most attractive hooks of the Christmas season.
Some of the characters of the story are new to the world
of fiction, but all of them as old as human nature. The
narrative moves on with a quiet resistless force, which
acts as a spell upon the reader, and fills us with a desire,
as in a dream, to rise to take our part in the drama
which is being acted around w. Rachel Gray herself,
her terrible father, little Mary and her papa, and the
wonderful Frenchwoman who fills en under-ground
cellar with the atmosphere of Parisian gaiety, are a few
of thu personages who live in these pages and call firth
smiles and tears from young and old. "Rachel Gray"
is a sweet tale of human life, as full of bright lights and
rich shadows as a fire-lit room M Christmastide,