The Sun.
London, England, 1862-06-12 00:00:00

LAW---THIS DAY.

COURT OF CHANCERY.
(Before Vice-Chancellor Sir W. P. Wood.)
WEESTER v. BOUCICAITLT.

This was an application to the court on the part of Mr.
Benjamin Webster, the lessee of the Adelphi Theatre,
against Mr. Dion Boucicault. A few days ago an interim
injunction was obtained by the defendant against Mr.
Webster, preventing him from issuing certain announce-
ments as to the performance of the " Colleen Bawn" with
new scenery, dresses, &c., at the Adelphi Theatre. An
agreement had been, some time ago, entered into between
the two parties relative to the management of
the Adelphi, Mr. Boucicault taking the direction of
the stage, and Mr. Webster the front of the house and the
finances. Mr. Boucicault proposed that the entertainments
for the months of June, July, and August should consist
of the "Octoroon" and the "Colleen Bawn," with an open
farce on alternate nights, but Mr. Webster objected, as he
considered some novelty was specially required at that
season of the year, and he accordingly announced in the
play bills that, in addition to the " Colleen Bawn," a new
farce, a new and original drama by D.Boucicault, a new and
original drama by Watts Phillips, Esq., &c., were in pre-
paration. Mr. Boucicault considered this an infringe-
ment of the agreement, and moved the Court accord-
ingly, and obtained an interim order. While these
proceedings were pending it became known to Mr. Webster
that Mr. Boucicault had taken Drury-lane Theatre. This
circumstance he (Mr. Webster) considered a direct infrac-
tion of the Bth clause of the deed he had entered into with
Mr. Boucicault, and an application was accord-
ingly made to his Honour for an interim or-
der, to the effect that Mr. D. Boucicault might
be restrained—during the currency of agreement of July,
1861, made between plaintiff and defendant—from bringing
out or performing in the piece called the " Colleen Bawn,"
or any other theatrical piece, at Drury-lane Theatre, or from
causing or permitting any of his (the defendant's) theatrical
pieces, referred to in the eighth clause of the said agreement,
to be performed at Drury-lane for theatrical representation
either on his own account or in connection, either directly
or indirectly, with any other person. That interm order
was granted by his honour ; but since that an advertise-
ment had appeared in one of the morning newspapers,
announcing that Mr. Boucicault would make his appear-
ance shortly at Drury-lane Theatre, and this morning it
was intended by Mr. B. Webster to go on with the pro-
ceedings he had instituted to prevent him from so doing.
Mr. Rolt, on the part of Mr. Boucicault, applied for a
short postponement, in order that he might have time to
answer the affidavits of the plaintiff.

His Honour ordered the case to stand over until Tuesday
next, when it could be taken into the other cause of " Bou-
cicault v. Webster," the defendant, in Mr. Webster's case,
giving an undertaking, in accordance with the bill of the
plaintiff, not to open the theatre. Leave was also given to
Mr. Webster to amend his bill, so as to prevent Mr. Bouci-
cault from issuing advertisements announcing the perform-
ance of the Colleen Bawn. at Drury-lane Theatre.

Mr. Wilicocks, Sergeant Ballantine, Mr. Swinburne, and
Mr. B. Webster, jun., were the counsel for Mr Benjamin
Webster; and Mr. Rolt and another learned gentleman
appeared for Mr. Boucicault.

SHERIFFS' COURT.
(Before Mr. Kerr.)
CURIOUS ACTION ABOUT A SEWING- MACHINE. - SILVER

V. GREY.

This was an action to recover back a sum of money paid
on account for a certain sewing machine.

Mr. Hubert 'Wood, for the plaintiff, called his client, who
said that he had paid a portion of the amount charged by
the defendant for a sewing machine, and as the article
proved useless plaintiff considered that he was entitled to
have his money back.
Mr. Buchanan (for defendant)—But the machine was not
to become the property of the plaintiff until all was paid.
We have an agreement.
The agreement was put in, and hie Honour said it was
rather one-sided.

Mr. Wood—l apprehend that if the machine was useless
we are not bound by the agreement.

His Honour— Of course not,

A witness was called for plaintiff, and stated that the
machine would not answer.

Mr. Buchanan called a witness, who deposed that the
article was a very good one.

His Honour said he would soon settle the matter by ad-
journing the case, the machine to be given up to the defen-
dant and the money to be returned to the plaintiff.
Adjourned.

A. RUNNING DOWN CASE..-GREGORY V. THE LONDON
GENERAL OMNIBUS COMPANY.
This was an action to recover £lO damages to a van
through the alleged negligence of one of defendant's drivers.
Mr. Smith, for the plaintiff, called several witnesses, who
were subjected to a very severe cross-examination by Mr.
Beard for the company.
After hearing both sides of the question, his Honour said
be could not reconcile the evidence of the witnesses called
by the plaintiff, and found for the defendant with costs.

POLICE-THIS DAY.

MARLBOROUGH-ST BEET.

ASSAULT BY A COLONEL'S FOOTMAN AT LORD
DERBY'S PARTY.—Thomas Price, footman to Colonel
Jocelyn, was charged with assaulting Crosbie, 54 C, while
engaged superintending the carriage arrangements at a
party at the Earl of Derby's, St. James's-square, the pre-
vious night.
Ic appears that the coachman of Colonel Jocelyn broko
the rank formed by the police, and on the constable Crosbio
attempting to move the carriage back, the prisoner pushed
the constable under the horses' feet,
and on his getting up,
having fallen on his hands, the prisoner struck him a
severe blow with his fist.

Prisoner—l am in Colonel Jocelyn's service, and all I
did was by accident. I have been locked up all night, and
as I shall probably lose my situation I hope you will be
lenient.

Mr. Knox—Do you mean to say you gave the constable
a blow by accident.
Bunce, 27 C, confirmed the first witness, and said the
blow given by the prisoner was a deliberate one.

Mr• Knox—But, for believing you will lose your situa-
tion when your master, Colonel Jocelyn, knows you have
assaulted a constable while doing his duty, I would send
you to prison without a fine for a mouth. I shall, how-
ever, order you to pay 205., or a month.
STEALING A VALUABLE DIAMOND RlNG.—Brian.
Connor, a workman, was charged with stealing a diamond
ring, of the value of £3O, the property of Mr, John Newton
Tomkins, surgeon, of the National Vaccine Institution, 8,
Russell-place, Fitzroy-square.
Mr. Tomkins said he saw the ring safe on the writing-
table of his study the day before, and yesterday he missed
it, the prisoner having been engaged in the house with
other workmen. The ring was of the value of £25 or £3O.
'Sergeant Franklin, E, said the ring was found in the pri-
soner's possession when the police were called.
Mr. Knox remanded the prisoner.