The Sun.
London, England, 1862-01-17 00:00:00

BAIL COURT.

(Sittings at Nisi Prius, before Mr. Justice Wight-
man and a Common Jury.)

KIRKMAN V. KEAST.
This was an action brought by the plaintiff to
recover the value of a pianoforte.
Mr. Telford Salter and Mr. Kelley were counsel
for the plaintiff; Mr. Robinson for the defendant.
It appeared from the evidence of the plaintiff
that he was a pianoforte manufacturer, and the de-
fendant was a tailor at Peckham. He had lent a
person named Harriss, who taught music, and for-
merly resided near Peckham, a pianoforte, valued
at 145 guineas, on hire, who left his lodgings with-
out returning the instrument. Upon hearing that
the plaintiff went down to where Harriss formerly
lived, and found that the piano had been taken to
the defendant's. He accordingly went there, and
defendant alleged he had advanced money upon it.
and would net give it up without he was paid the
sum of £BO. The plaintiff refused to pay it, and
brought the present action.
For the defence evidence was called for the pur-
pose of showing that the plaintiff claimed more
than the value of the piano, and that the defendant
had advanced the sum of £BO upon it.
In the course of the defence the jury said they
were agreed, and gave a verdict for the plaintiff—
damages £l2O for the value of the piano, and ls.
for the detention, saying that it was a disgraceful
case.

JAMRACK V. SMITTI.-THE WILD BEASTS AT CRE-

MORNE GARDENS.

This was an action brought by the plaintiff, who
is a foreigner, against the defendant, Mr.E.T. Smith,
the proprietor of Cremorne-gardens. to recover com-
pensation for a breach of agreement.
Mr. W. Keane and Mr. Philbrick were counsel
for the plaintiff; Mr. Hawkins, Q.C., and Mr. H.
James for the defendant.

Charles Jamrack, the plaintiff, said he was a
dealer in wild beasts. In June last he went to Paris,
and purchased a menagerie for £BOO. At that time
Mr. Simpson was proprietor of Cremorne-gardens,
and he engaged witness to bring his menagerie to
the gardens, where it was subsequently taken and
placed near the river esplanade. The witness agreed
to accept as remuneration half the sum received from
parties visiting the menagerie, and accordingly a
turnstile was placed on the bridge leading to the
esplanade. According to his (the plaintiff's) agree-
ment, he had to keep the beasts and their attend-
ants, which cost him from £l4 to £l5 a month.
He continued to exhibit the beasts up August 2
upon those terms, when the present defendant be-
came proprietor the gardens. During the latter
part of the season the female Blondin made various
ascents on the tight rope, and on one of those occa-
sions the announcement was that she would per-
form her feat at six o'clock, but she did not do so
before seven o'clock. During this time there was
a rush to the menagerie, and there were so many
people that the turnstile was useless, and the
defendant opened the gate, and allowed them
to enter. The defendant took the money him-
self. Witness spoke to the manager, and
said as he had been a loser on previous occasions,
he expected to be a gainer on that occasion. The
manager told him that he would receive no more
than he had on previous occasions, and if he did not
choose to take it, he bad better take the beasts
away. A few days after he received a communica-
tion from the defendant, in consequence of which
he removed his menagerie. The defendant offered
him £l2 as half the money taken on the day in
question, which witness refused to accept, and
brought the present action. No agreement was
entered into between himself and the defendant
contrary to that which he had entered into with
Mr. Simpson, which was for the season.
Nothing material came out in the witness's cross-
examination, and
This was the plaintiff's case.
For the defence, James Ellis was called, and said
he nAade the arrangement with the plaintiff for Mr.
Simpson. There was no time specified between
them, bccause the plaintiff said he could not bind
himself to time, as he might perhaps sell the beasts
in the following week.
Mr. E. T. Smith said he was the defendant. On
the 3d of July last he entered into possession of
Cremorne-gardens. In the following month he
sent for the plaintiff, and told him that, as the re-
ceipts were so small, he should not continue the ex-
hibition of thelbeasts, and told the plaintiff that he
mast remove them in a week. _ _

Mr. Corbyn said he was the manager of the gar-
dens for Mr. Smith. He gave one of the plaintiff's
men notice that he must take the beasts away, or
else he must be content with the average receipts.
Other witnesses were called to support the de-
fendant's case.
The learned counsel having addressed the jury
for their respective clients,
The learned judge summed up, and
The jury returned a verdict for the plaintiff—
damages, £l6 Bs. ld.