The Sun.
London, England, 1862-08-14 00:00:00

LOCKSLEY V. RHYS.

This was another action of a similar character
against the same defendant, who not only pleaded
as in the first case he was justified in discharging
the plaintiff according to the rules and regulations
of the theatre, but that he was also justified on the
ground that the plaintiff was incompetent to per-
form the duties for which he was engaged.
The same learned counsel were engaged in this
case as in the former one.
_

--i1; plaintiff in this action was Mr. A. Locksley,
and it appeared that he was engaged as first tenor
singer, but after he had been so employed for three
or four weeks he received a fortnight's notice that
his services would be no longer required.
The plaintiff deposed that he had been engaged
as first tenor singer at Drury Lane Theatre, and
also in the provinces, and in April last he saw Miss
Lucette, the directress of Sadler's Wells Theatre,
and Mr. Dudley, and he entered into an engage-
ment as first tenor singer at Sadler's Wells Theatre,
for the period of six months, at a salary of four
guineas per week, and it was also understood that
he was to be " starred," and his dresses were to
be found him. The Theatre opened on the 21st
of April, and he played the part of Pierre
Chase :In an operetta written by the defendant,
called " All's Fair in Love and War." The theatre
was very cold and full of draughts, in fact he said,
he believed it was called in the profession the Char-
nel-house—(a laugh)—and he caught a severe cold
which affected his throat, and with the consent of
the defendant he rested himself for a few nights,
and the defendant played his part. He afterwards
played again, but on the 17th of May he received a
notice from Mr. Bender, the prompter, informing
him that at the expiration of a fortnight his engage-
ment would terminate. No complaint was ever made
of his singing by the defendant, and he never heard
of any rule by which the engagement was to be ter-
minated at a fortnight's notice. He saw the defen-
dant at the theatre after he had received the notice,
and asked him what it meant ; and he replied that
it meant there was nothing for him to do; and he
said he did not understand it, and inquired of him
whether his salary was to go on ; and he replied,
" Certainly not."
Cross-examined—Witness believed that his sing-
ing gave satisfaction to the audience, and he was
not hissed on any occasion.
Mr. Francis, in his address to the jury for the
defendant, said that he regretted to be compelled to
put upon the record a plea that the plaintiff was in-
competent to perform the duties of first tenor, but
he had no alternative but to do so, and when they
had heard the evidence he should lay before them he
believed they would come to the same conclusion,
and that upon this ground the defendant was en-
titled to a verdict.
Mr. C. H. Rhys, the defendant, was then exa-
mined. He said that after the plaintiff had been
engaged he very soon discovered that he was not
competent to sing as first tenor, and after the first or
night the
secondaudience expressed their disap-
probation by " goosing" him. (A laugh.) After
he had sung a few nights he became unable to con-
tinue to sing at all, owing to a cold, or some other
cause, and witness was consequently obliged to play
his part. He considered that he was quite incom-
petent to fill the position of first tenor.
Cross-examined—Witness knew nothing about
the plaintiff until after he had been engaged, but
he had of course heard of him as a singer, but he
could not say whether he had heard of him as a very
good singer or a very bad one. (A laugh.) He
heard that he had been engaged as first tenor at
Drury-lane, and as first tenors were scarce he en-
gaged him. The audience were rather pleased when
witness took the plaintiff's part, and he was quite
sure that he was not ~ goosed. (A laugh.) Witness
consulted his musical director (Mr. Tully) respect-
ing the plaintiff, and he told him that although he
could sing very well
in the day time, he could not
sing at all at night.
Miss Lucette used to sing with
the plaintiff, and he believed that she was a first-
rate judge of music. He was not aware of any
reason why she was not here on the present occa-
sion to give evidence, but he supposed she did not
choose to come, She WAS Of coarso a, very wraps-

tent person to decide whether the plaintiff was a
good singer or not. Mr. Tully, whom he consulted
about the plaintiff, was a composer as well as him-

sell.
Mr. Forrester, a fellow-actor with the plaintiff,
and who played in the same operetta with him, de-
posed that in his opinion the plaintiff was unsuc-
cessful, and that he was not a good tenor singer_
Mr. John H. Dike, the leader of the band, was
next examined, and he expressed his opinion that
the plaintiff was not a good tenor singer, and he
also said that he did not sing so well at night as he
did in the day time at rehearsal.
Mr. 7. H. Tully, the eminent musical composer,
was the next witness, and he also expressed his
opinion that the plaintiff was not competent to per-
form the duties of first tenor. He also said that
the music of the defendant's operetta of " All's Fair
in Love and War" was not at all difficult, but was
quite easy-going music, and the plaintiffougthhattnhoet
to have found any difficulty in singing it.
In cross-examination Mr. Tully said
sheuld not like to have been the author of the
operetta in question. (A laugh.) HebeLeved that
the plaintiff had performed the part of Rodo:ph in
" Der Freischutz, 'at Drury-lane ; and, in fact, he
had engaged him at that theatre at the time he had
the management. He was thought very well of at
rehearsal. He could not say whether Sadler's Wells
Theatre was known among the profession by the
name of the Charnel-house, but he could certainly
express his opinion that it was the coldest theatre
in England. Mr. Tully,: in conclusion, expres-
sed his opinion that when the plaintiff came
before the audience he was so prostrated by ner-
vousness that he would never make a good singer
till he got over that feeling.
Sergeant Ballantine, in replying upon the case
for the plaintiff, submitted that it had entirely
failed to make out the plea of incompetence that
had been set up, and he also observed particularly
upon the absence of Miss Lucette, who had sung
with the plaintiff, and who, he said, would have
been a most material witness to speak to his quali-
fications for the position he had taken.
Baron Bramwell having summed up, the jury
almost immediately returned a verdict for the plain-
tiff—damages £5O,
Mr. Francis applied that execution should be
stayed in both actions until term. With regard to the
case that bad just been disposed of, he reminded his
lordship that a good deal of evidence had been given
in support of their plea, and they wished to have
time to consider whether it was advisable to apply
for a new trial.
Sergeant Ballantine opposed the application, and
said that since the verdict had been delivered a
notice had been given to the plaintiff to come to
the theatre that night and perform. (A laugh.)
This was a pretty good answer to their own plea
that he was incompetent.
After some discussion his lordship directed that
execution should issue on the first action in four
days, but that in the other it should be stayed until
next term.

NORTHERN CIRCUIT.-LANCASTEB., Aug. 13.

MURDER AT COLNE.

Walker Moore, a tailor, was charged with the
wilful murder of Betty Moore, his wife, at Colne,
on Saturday, the sth of April last.
The prisoner resided at Keighley, in Yorkshire,
and he was married there some time ago. In conse-
quence, however, of some circumstance or other
they did not live very happily, and eventually a
separation ensued. The prisoner remained at
Keighley, and his wife went to live as a servant
with her cousin, the landlord of the Hare and
Hounds public-house, near Colne. On the 4th of
April the prisoner met in one of the streets of
Keighley a friend of his named Joseph Metcalfe, a
mechanic. He asked Metcalfe if he would have a
walk, and subsequently proposed that they should
go to Black-lane End, a few miles distant. To this
proposition Metcalfe consented, and they accord-
ingly set off. On arriving at the Hare and Hounds,
at Black-lane End, they saw the prisoner's wife,
who supplied them with some ale. The prisoner
seemed disposed to be friendly with her, but she did
not reciprocate his feelings. The prisoner after-
wards asked her if she would go back with him ;
but she replied that if she coald not live quietly
there she would go to her father's. Metcalfe and
the prisoner slept at the house that night. At
5 o'clock next morning the prisoner called Met-
calfe up. On going down stairs, Metcalfe found
the prisoner and his wife seated in the house
part ; she was seated in a chair in one corner, and
he was in front of the fire. The two men subse-
quently commenced drinking ale and spirits mixed.
The prisoner's wife served them, but seemed to be
very unwilling about it. They continued drinking
until about nine o'clock, when the landlord came
into the room. He afterwards went out to fetch
the men some ale. At this time the :prisoner was
sitting near the fire, and his wife was on her knees
beside him cleaning the grate. Metcalfe had his
back towards them, and whilst in that position he
heard the prisoner rise from his seat, and in a mo-
ment afterwards saw him go behind his wife, and
with his right hand draw something across her
throat. The poor woman got upon her feet imme-
diately, and held her apron to her throat, which had
been cut in a most shocking manner. The gash was
six inches long, very deep, and passed through the
larynx, the carotid artery, and the jugular vein.
She died almost immediately.
The prisoner was undefended, and had nothing
particular to say in extenuation of his crime. He
was found guilty, and sentence of death was passed
in the usual form.