The Sun.
London, England, 1852-05-11 00:00:00

TUESDAY EVENING, MAY 11, 1852.

LUMLEY v. WAGNER.
The decision of the Vice-Chancellor in the case of
" Lumley r. Wagner" will have more interest for a cer-
tain Jlase of our re Mere than many more important
discussions with which our columes ere daily filled. The
prominent situation which operetie performers fill in
the public eye gives a hind of spurious importance to
tlair squabbien end litigation. There are, certainly, a
good many men in the west end of London who would
ba sadly puzzled to write down a correct list of the
junior Lords of the Admiralty or Treasury. There are
few, com2.iretively speaking, who are not familiar with
the names even of tee second•rate Lingers at the rival
Opera-houses. So great was the interest displayed by
tho public in the course of the present dispute that du•
ring the three day: the trial proceeded the court was
crammed wieh secceetors, and when the Vice-Chancellor
delivered his judgment yesterday it was impossible to
get even "squeeeteg" room. Independently of the in-
terest which naturally :attaches to an operatic squabble,
some little indienation had been excited by an expres-
sion ehich was found in one of Mr. Wagner's letters.
This worthy. as it would appear, only consider the
English in the light of geese wtio lay golden eggs for the
benefit of Wagner; and such like folk. Before he bee
dune wet!: us Mr. Wagner may discover that he has
scarcely formed a just idea of English pavers of appre-
(ration. Per scene perefe, we have money and. admire-
thee; for others money and contsinnt.
Tee whole story may be condensed into a few para-
graphs if it he regarded as a mere narrative of facts, and
not as a thefite for the ingenuity of counsel. The de-
cision has gone, as ain etier ecurse, in Mr. Lumley's
favour. That it collie not do otherwise will at once ap-
pear trona the following brief recapitulation of the facts:
—ln the autumn et' LOG year Dr. Becher, a friend of the
family, w?.s occupied in procuring engagements for
Medlle. Wagner in London and Paris. He naturally
came into contact with Mr. Lumley, and received from
that gentleman a formal paper containing his usual sti-
pulations upon engaging the services of a performer.
This paper contained a prohibitory clause which forbade
the appearance of Madlle Wagner at any private con-
certs, &c., while her engagement with Mr. Lumley
should subsist. When the document was shown to the
Wagners, they objected to this clause, and drew up
another paper similar—we believe—to it in other re-
spects, save that this prohibitory clause was omitted. To
this paper the Wugners affixed their signatures, and it
was conveyed by Bucher to Mr. Lumley. In such a
shape the manager would have nothing to do with it,
and insisted upon the restoration of the veto. To this
Becher assented—added theelause7and signed it ea
agent to the Wagner!.
point the question throughSoout
far as it turns upon this
mpleonfoerotfhaegvvenscgy:
Had Dr. Becher the right to sign as agent Wag-
ners;
sot
oro did
their theown, Wa
adaptgners by
, any subsequent conduct
or en agreementh. which might
not in the first instance have been binding mcling
tahuethaorrsitty 7
point, I t
becausewill
oo
dwellfor defect upon them
it uaiptepenanrsnetcheastsathrye
upon p nf
in a very complete
Wagners did subsequently acknowledge
agent, and make it their own,the act of their
tells as that
manner. In the first place, Dr. Becher
when he had added the clause he forwarded
to Madile. Wagner, and it we, by her acknowelellapl
the
in a letter bearing date one day of November last.
Then we tind all parties engaged in a correspendence
on the subject—Mr. Lumley—M. Albert Wagner,
father—Madlle. Joanna —Mr. Lumley Dr. Becher,
and all of them assuming that there was a contract
subsisting between the manager and the singer.
" Now," as the Vice-Chancellor shrewdly enough re-
marked, " there had been no contract signed without
this clause, therefore this is the contract concerning
which the parties were in correspondence." What the
Wagners say is, that when the paper was sent back to
them they objected to the clause, and only received the
document upon Dr. Bacher's assurance that when they
arrived in London the little matter should be set right.
Nov, we cannot forget that they must have been per-
fectly aware that they would not be permitted to pass
slipshod over this clause of the contract. Mr. Lumley
insisted upon it with so much earnestness that he refused
to affix his signature to the agreement until the clause
which he had originally introduced, but which had been
struck out by the \Vaguer*, had been replaced. Was it
probable ho would sutler himself to be duped out of so
capital a proviso by Dr. Bacher's little diplomacy,
when he had in the first instance refused to
complete the contract without it? Is it possible
that M. and Madlle. Wagner could even for
a moment have entertained so preposterous an
ides*? Such, however, is the only reason assigned
by the Wagners against the validity of the contract—
namely, a vague hope on their own part that, when they
arrived iu London, Mr. Lumley would be induced to give
up the advantages for which he had negotiated with so
much earnestness.
As many of our readers as have patience to wade
through the evidence will find that another point was
raised in favour of the Wagners. It was on their aide
alleged that money was not paid by Mr. Lumley on a
particular day when it should have been paid. It is re-
plied, in the first place, that Dr. Becher bad money of
Mr. Lumley's in his hands, and that, even had it been
otherwise, all deficiencies in this respect were excused by
the conduct of the Wagners on and sifter the sth of
March, and by a subsequent tender of the money on the
15th of April. It was on the sth of March that the
Wavers, who had so bound themselves to Mr. Lumley,
were foutd at Hamburgh quietly entering into a
resh contract with Mr. 13 ye, from which they hoped
to derive larger pecuniary advantages. More than
this, on the let.n of March, Dr. :Becher wrote to
Madlle.Wegner, asking where he should pay the money
he had reedy for her, end received from her father the
following rcp!y:—" If you send the bill to Berlin, be
good cuough le referees it eaner at this time to Ber-
lin, or from (iris) the :23 of April to Htnahurgh, to
and to Ferdinand Hirt, whore we shall remain
some time longer with our daughter." However this
may be, it is quite clear that on Mr. Lumley's part
there was no diainciination or ivability to pay the money
when ricedvd. The paltry subterfuge was furbished
up et the lest moment t serve the turn of thoac who
%,,414 taut hcni; and could ss.:-.4r,:ely evade the terms of
an *arcane/Int int. which they bed entered of their
own'f tee will. The simple truth of this long trial is
that Madlle. Joanna Wegner and her excellent parent
thOugbt that the second bargain was better than the
first, and therefore endeavoured to repudiate their
ono act. It is ft shabby business, and th , for
Madlie. Wagner's sake, it is forgotten, the e sooner,
.At
the same time, it is clear enough that the fault
he:,
not with the young girl, but with the sordid circle
huckster her
profitable market without regard
talents about the most
T.
around her, who were endcavouring to .
to any consideration but these of Imes.

,A,qvuerilea
received
by
COUR'r CIRCULAR.
The queen gave a concert last evening at Bucking.
ham Palace. the Duchess of Kent abryrivLedaaa:,
Her Rlyal Highness
the Palace at half-past nine o'clock,
Fanny Howard and Colonel Sir George Cooper.
Suffield
Their Royal Highnesses the Duchess of Cambridge
and the Princess Mary were attended by
and Major Baron linesebcelt.
His Royal Highness tim Duke of Cambridge !qr., at.
tended by arrived His Roylialorlii igl4ll InielmistiEnntulh:e3culbcoetinorte atm
0,e10c,,i,
at
attended
tbhye
el
il'ackvacciei:rt
Ftwoeignotyr-i.
Draw-
iit
nab the
waiting,:rAlboeoa rmdes::abfbenierdirg:unwt:eutrtlreh'elnelitadnojdyebi lsaytleehdree UretFamilyeOr i:tehaide i
hertn Yellow Equerries
the .rive soon after nine
gouts.
grand staircase, and
illustrious
o the,Pieture Gallery.
Too geeeral com
aelwoienkg )per-rc°llll
1'1,12Y begani to at- -
o'clock, and were rsnercu up
i cloajtodsutyctaeldbyhitsheßLooyrdal
throughsilora the Seemly
b Greenore 1
()Dor,
Highness Prince Albert wer
Saloon, which was fitted up
aufor, the Concert, with rows
ing-room to the
Chamberlain from the `fellow
of seats of crimson
Royal Highness were ace° Draw
gold.
Duchess of Pir-Iliel by
nesses the
Roy
their Royal High-
Her Majesty and his
Cam-
bridge, the Princess Diary,s_ent, the Duchess of Cam-
Duke of Cambridge. the Count d'Aquila, and the
The assembled visitors
the Salooe. lie,. Majesty followed the royal circle into
guished guests Cein Majesty and her Royal and distin-
f seated, the Concert commenced at
five minutes before 10 o'clock.
R s efreshmrnt ' were served to the company in the
Green D w" ra ing-room during the evening, and after the
concert a sniper was served in the State Dining-room.
The Queen held a Court at three o'clock yesterday
afternoon at Buckingham Palace.
Their Royal Highnesses the Count and Countess
d'Aquila had an audience of her Majesty to take leave.
Their Royal Highnesses were introeuced by the Earl of
Malmesbury, the Queen's principal Secretary of State
for VOreign Affairs, and conducted by her Majesty's
Maater of the Ceremonies.
The Queen was attended by the Countess of Cherie.
moot, Lady in Waiting, the Hen. Matilda Paget, Maid
of Honour in Waiting, Lord Polwarth, Lord in Waiting,
and Sir Edward Bowater, Groom in Waiting. The
Count and Countess were attended by the Princess de
Villa and the Cnevalier Folgori.
The Earl of Malnacstury had an audience of her Ma-
jesty.
h
Their Roysl Hignesses the Prince of Wales, the
Princess Royal, and the younger members of the oyal
Family, took their usual exercise yeaterday in the gar-
dens of Buckingham Palace.
The Archhisnop of York had an interview. with;
Earl of Darby yesterday at his official resid
genvege ad
h in
Downing-street. Admiral Gordon and Mr. Be
also interviews with the Noble Earl.
Viscount Barrington had au interview with Mr.
Secretary Walpole yeaterday at the llanie-o,ffice. M
A deputation headed by Mr. Wilson Patent
_,_ I'..
and Mr. Heywood, M.P., bad an interview with •ha
Right liou. J. W. tile„ lev and food Colchester, on ba-
turciay, at the Board of Trade. . , ;
an interview with
Mr. Chandler, from Canada, bad
~n.
Sir. John Pal; ingtoo ye:,tertluy at the Colonist• op.
Mr. John Wke•fi, Chairman of the I.•,arei of Inland
P • ,had an interview yesterday- with the Earl of
Lel en_ --

heron (rown.Clerl‘cvoafip'Noliteincylensttet,?.rra)syhtt:t
interview with Zit
t akin
Dieptche:s WCTC reedy( d thy
' P yeq.
ttriday from the Governora of the North AmericanrO-
vinocs.

OffiCIAL ArroiNTMENTS
has appointed Mr. John S —The Lord Chancellor
of Lincoln's Irn, bar-
rister-at-law Qion of Mr. John Stuart. Q.C., Member for•
New,irk), to be his Secretar,,•-in-Cnief, in the place of MF.•
situtanns. Colonci Ilabe.rlv has anointed Mr. Alan
(711"-IbT6 t') b(' big privatesecretary at the Post-office. 111
plaeo of Mr. Joint Ilali, reigned.
ne Royal Agricultural-Society
of England are to
.11914 heir heir Cnat7 illt%ing, 01165 a, at Q.l9uclater.