The Sun.
London, England, 1862-11-29 00:00:00

SCOTTISH CENTRAL.

Wednesday,
special
it
ri n.
maent between the The Secretary read the proposed agret..
gßr oufctehipsresideil. company
was held at Perth on
line, which was
Junction Company, for the purchase of the
Scottish Central and the Dundee, Perth, and Aberdeen
to the effect that the Scottish Central should discharge all
the debts of tbo Dundee, Perth, and Aberdeen Company,
satisfy the claims of their preference shareholders, and pay
to the ordinary shareholders 2 per cent. for the first year,
2/ per cent. for the second, and thereafter 3 per cent., with
the right, after 1866, to share the surplus profits on the
transferred lines.
Mr. BRUCE moved that the agreement be ratified and con-
firmed, and remarked that the proposed transference would
give the Scottish Central a railway station in Dundee and
enable them to command a large part of the traffic of For-
farshire.
Mr. MACDUFF seconded the motion.
in answer to Mr. limit., who remarked that the Dun-
dee
an, 1 Perth had only been dividing about 1 per cent.,
The CHAIRMAN stated that the whole revenue of the

—.......... _ _
Dundee and Perth lines for the year ended July 1 last
amounted to L 58,438, and that the working expenses, which
the Scottish Central expected considerably to reduce, were
stated at 41 per cent. The Scottish Central, even should the
expenses remain the same and the revenue not be increased,
would not, it was calculated, lose more than.Ll,ooo the first
year ; but this loss the directors considered would be more
than compensated by the advantage of having a station in
Dundee. The Newtyle line was to be handed over at the
rent paid by the present proprietors.
The motion was unanimously adopted.
A meeting of the Dundee, Perth, and Aberdeen Junc-
tion Railway Company was held the same day at Dundee,
andthe agreement was also unanimously confirmed by that
company.

THE SUN, LONDON, SATURDAY EVE

minutes' notice. I got an encore. I was nightly
encored in this and other songs.
Mr. Quain—l suppose it is difficult for a lady to
refuse an encore ?
Witness—l like, of course, to sing again ;at least
I like to be encored. (Laughter.) I don't object
to sing encores, of course not. (Continued laughter.)
Examination resumed—l found that the work

affec;(7lMYfiroat and voice, and I sang under very
distressing circumstances. On the 14th December
I broke up almost entirely, I could not sing a note.
Mr. Morton has several times given as a remedy
claret and cayenne. I was not able to sing on the
sth December, and I sent an excuse, being quite
hoarse. On the 6th I sang first at the Canterbury,
in Norma. I made several breaks, not being able to
reach the notes. Mr. Morton saw the state I was
my mother gave me linseed tea and salad oil.
to sing. On the 14th
in, but he still desired me
When I received the writ I went to Mr. Stanley to

see if I could make things comfortable. rhad
complained to him of the effect of the night air
upon .my voice in going from one place to the
other, after having sung in a heavy selection of
music. I have had to wait at the doors of the Ox-
ford and Canterbury in thin satin shoes and a low-
nccked dress, on wet and other nights. I had to
wait until " God save the Queen" was sung at the
Canterbury, and afterwards had to pass through the
building after all the lights were put out in my thin
clothes. I used to get home about one o'clock in the
morning, and sometimes at nearly two. I applied
household remedies to my throat until January 8,
1862, when I went to Dr. Petlow, who gave me a
certificate. He said I was not to sing for three
months, and that I should go to my native air or
Italy. I went to Sheffield. (Laughter.) It is not
true that I ever refused to sing on account of my
health. lam too fond of singing when lam able.
Probably I may have said to Miss Russell when she
asked me what salary I wanted, " As much as you,
of course," but I never refused to sing in conse-
quence of not having the same salary. lam aware
that I said to Mr. Morton, "If you pay me more
money, I will do more work." I could not do more.
I was singing all night from seven to twelve. There
were a great many rehearsals during the day, and

Lattended them all.
Cross-examined—A general fine of half-a-crown
was not imposed upon the company in consequence
of my absence. I began my singing career at Shef-
field, where I sang at the Apollo and Athenaeum
concerts. _ _

Mr. Baron Martin—l suppose, Mr. Overend, you
have attended those concerts yourselfy (Laughter.)

Cross-examination resumed—l also went on a
tour with Susan Pyne. In concerts given by Mr.
Bodda I supplied the place of Miss Birch. I have
sans duets at the Royal Academy concerts, at
Hanover-square•rooms. At the Oxford and Can-
terbury I sang the " Shadow Song" and the reci-
tative in Dinorab, and the " Casts Diva" in Norma,
and there were always encores. I sang all these in
one night, as well as Scotch songs and .joining in
parts of the choruses. I sang " Coming thro' the
Rye."
Mr Baron Martin—ls there any wish on the part
of the plaintiffs to keep this young lady
Mr. Overend—Yes:, we think she is improved
very much end will make a very good singer. She
is very awkward to manage, bat we wish to keep
her.

The witness was then asked by Mr. Overend if
she had shown any temper ?
Witness—lf I said" No" I suppose I should not
be believed. (Laughter.) I have been sometimes
a little annoyed, but I suppose I have not shown
more temper than other professionals. (Laughter.)
Mr. Overend—Have you ever said that you could
sing as well as Miss Russell?
Witness—l don't think I ought to be asked to
answer that question.
The question, however, having been repeated,
witness said, "If I did not say it, I ought to have
done so." (Great laughter.)
Examination continued—l told her and Mr.
Stanley that 1 was deserving as much.
Mr. Overend—Did you tell Mr. Stanley that
money did one as much good as oil to the throat?
Witness—He knew that as well as I could tell
him. _ _

Mr. Overend—Did you say that if he paid you
as much as Miss Russell you would do as much
work ?
Witness—Miss Russell had a good deal more
than I, but Ido not know how much. I never ap-
plied for a situation to Mr. Weston. He inquired
about me, not I for him. I never applied for any
other engagement, either at the Alhambra or else-
where. I may have told a Mr. Bartleman that I
would require 16 guineas a week.
Mr. Overend—l suppose you made great pro.
gress during the last year?
Witness—" Practice makes perfect." (Laughter.)
When I was my teacher's pupil, of course, I at-
tended to his instructions.
By Mr. Baron Martin—l am now free.
Dr. Petlow said he saw the defendant on the Bth
Jan aary last, and gave her a certificate. She was
suffering from an affection of the throat. It was
in a ki id of chronic ulcerated state, and the dis-
ease may have existed ten days, a fortnight, or
more, I advised her to take cod liver oil and rest
from singing. I thought it desirable that she should
not continue the practice of her profession, but could
not say for how long a period.
lis°
ladies and gentlemen, weren
, the parents of defendant,
andMsre several
Mrs.professional
called to prove that the state of her health and voice
was such as to prevent her singing in public at the
time she was alleged to have broken her engagement.
Mr. Huddleston and Mr. Overend then addressed
the jury on behalf of their respective clients.
Mr. Baron Martin summed up the evidence, and
said if the jury thought the defendant had broken
the agreement, he supposed it would be sufficient Co
give only one or two penalties, as the object of these
actions was generally only to enforce the contract
entered into.
The jury, without leaving the box, found a ver-
dict for the plaintiffs, damages £lO, being two pe-
nalties of £5 each.

ING, NOVEMBER 29, 1862.

again I do not wish for a single farthing in the shape
of a penalty.
Alderman Humphery—That is all very fine for
you barristers to be buttering over your opponent
because be is an attorney. (Great laughter, in
which the learned counsel heartily joined.) I be-
lieve the police have only performed their duty.
Defendant—The first witness gave a very fair

account of the matter, sir.
Alderman Humphery—There is no ooeasion for
any penalty, The case is proved, and although the
police were rather sharp on defendant they were
only obeying their instructions, and he, as a soli-
citor, ought to have known better than to have
interfered with them at he had done.
The alderman's decision was received and regis-
tered as a conviction, although no penalty was
enforced, and the summons against the police was
abandoned.
A COMPLICATED CASE.—Mr. Michael Edensor
Heatheote, late a cornet in the 11th Hussars, was
brought before Mr. Alderman Humphery, upon a
warrant issued by Mr. Wright, one of the magis-
trates for the county of Stafford, charged with
obtaining a sum of £3O, by false pretences, with
intent to defraud Mr. Georgc Prince, an hotel-

keeper in the same county.
Mr. George attended on behalf of the prisoner,
who had been arrested upon his appearance at the
Bankruptcy Court, and stated that his object in
coming before this court was to ask the ma, istrate
to accept bail for the prisoner's appearance before
the magistrates at Stafford. He said there was not
the remotest ground to justify his apprehension on
such a charge, and explained the circumstances out
of which it arose. He said the prisoner had in-
curred a debt with the prosecutor for board and
lodging and money lent to the amount of £6O, for
which he gave a cheque upon Messrs. Cox and Co.,
his army agents. That cheque was presented and
dishonoured, there being some derangement in his
.ecount at Messrs. Cox's that prevented them pay-
-1 ing it, and the prisoner shortly after became a
bankrupt and had obtained his protection order.
Mr. Prince had, however, adopted the present
course to recover his debt, and instead of proving
his claim in the ordinary way he was seeking to
I obtain a preference over the other creditors.
Alderman Humphrey asked if the prisoner had
any effects at Messrs. Cox and Co.'s at the time he
drew the cheque.
Mr. George said if he had not it was not his fault,
for on selling out of the llt h Hussars a sum of £450
should have been paid to his credit at the time he
drew the cheque ; but as there were some regi-
mental debts amounting in the whole to about £2O,
the colonel of the regiment withheld the payment
of the whole sum of £450 until they were settled.
Messrs. Cox and Co. had honoured his cheques to
the amount of about £2,000, and would eventually
have paid the one in question had it been presented
at the proper time, for the £450 was afterwards
paid into his account, and a balance of £3OO was
eventually paid into the Bankruptcy Court.
Alderman Humphery asked to see the cheque,
which was accordingly produced, and upon exa-
mining it he expressed his surprise that it bore no
endorsement to show that it had been presented
and dishonoured, or that there were " no effects" of
the prisoner's in Messrs. Cox's hands. He was
astonished that the magistrate at Stafford should
have issued a warrant for the prisoner's apprehen-
sion upon such a piece of paper as that which had
been produced as the dishonoured cheque. He
should not have issued a warrant under such cir-
cumstances. He regretted, however, that he had
no power to accept bail for the prisoner.
Mr. George asked the magistrate to go into the
case at once, and then he would have the power to
bail the prisoner.
Alderman Humphery said he should be most
willing to do so if the witnesses were all present,
but in the absence of some one from Messrs. Cox's
he could not go into the case.
Mr. George said his client belonged to one of the
highest families in England, and it would be a most
serious matter to him to be detained in custody on
such a charge.
Alderman Humphery said he was quite aware of
the position of the prisoner's family, and, looking
at the evidence of the cheque, he should have been
most willing to have taken bail for him.
The prosecutor, through the agency of a friend
who was entrusted with the warrant by the county
magistrate, expressed a wiliingness to accede to
the liberation of the prisoner on bail, although it
had been already intimated that recognisances
taken in that way would be informal, and therefore
valueless.
Mr. Hamilton, the chief of the detective depart-
ment of the City, objected to anything like infor-
mality until the prisoner was regularly discharged
out of his custody. He was at present responsible
for him, and he must detain him until he could
hand him over to a recognised authority.
Alderman Humphery, having previously backed
the county warrant, directed Pavia, the officer who
apprehended the prisoner, to take him down to
Stafford.