The Sun.
London, England, 1862-05-13 00:00:00

days' imprisonment with hard labour, and Mac-
donald, he said, had got v. knock on the head, which
Le should look Uptill as part punishment, and sen
t„rc,d him to seven days, with hard labour.

A 271 EA 2RI CAL DISPUTE.

The Bow-street police•court was crowded, yes-
terday, by gentlemen of the theatrical pro-
fession, it having been understood that the re-
cent paper war between two of their body relative
to the piece entitled " Friends or Foes ? " had re-
sulted in proceedings here.
Mr. Horace Wigan, the well-known comedian
and dramatic author, appeared before Mr. Henry
to answer a summons at the instance of Mr. George
Vining, manager of the Theatre Royal St. James's,
charging him with having written and sent to Mr.
Vining a letter containing threats and language
calculated to provoke a breach of the peace.
Mr. Edward Besley was counsel for the defence.
Mr. Vining, upon entering the witness-box, ad•
dressed the magistrate as follows :--At the time I
applied for the summons, I told your worship of
my desire and hope that it might be withdrawn. I
have since taken every step and used every effort
in my power to bring the matter to an amicable
arrangement, and I am sorry to say that I have
failed. I was willing to refer the matter to arbitra-
tion of two gentlemen, one to be appointed by Mr.
Wigan and one by myself, with a third to be
elected by the two.
Mr. Henry (addressing Mr. Besley)—Do not you
think that might be done now ?
Mr. Besley—lt will be necessary for me to make
a few observations, or else the case must go on.
Mr. Henry—A letter was written to Mr. Vining
by Mr. Wigan. Without stating what was in that
letter, I would ask you whether you have seen it,
and have considered its contents ?
Mr. Besley—l have a copy of it, as I am informed.
Let me observe that Mr. Wigan stands in this posi-
tion, that it is well known that this summons has
been taken out. He has no objection to that letter
being published.
Mr. Henry—Have you looked at the last sen-
tence ?
Mr. Besley—Yes, Sir. You allude to this :--a•
" If you decline doing as I request"—that is, offer-
, ing an apology—" you will compel me to take the
earliest opportunity of demonstrating to you in a
very unpleasant manner mysense of your conduct."
Tbat might mean that he would take proceedings
in the Central Criminal Court.
Mr. Henry—Do you think a jury would draw
that inference ?
Mr. Besley—l have no doubt that the grand jury
would find a true bill, upon a criminal information
for libel, on the letter of Mr. Vining's which ap-
peared in the Era newspaper.
Mr. Vining—l saw my solicitor on Saturday, and
he told me—
Mr. Besley—You cannot tell us what your solici-
tor said.
Mr. Vining—Then allow me to say that, having
failed to see Mr. Wigan on Saturday, I wrote yes-
terday a letter to him, of which I have here a copy.
Mr. Vining proceeded to read the letter in ques-
tion, to the effect that it would be a pity to carry
the matter into a police court; that his only object
in doing so was to "annul" the threat; asking why
Mr. Wigan should not do so himself, and offering
to withdraw the summons if he would do so. The
letter concluded with a proposition to refer the mat-
ter to arbitration, so that all the particulars might
be fairly discussed, and a satisfactory settlement
arrived at, which it was impossible to effect by a
physical contest, es "blows were no argument.
Mr. Vining now again urged that before arbitra-
tors the whole matter could be discussed more fully
and more fairly than even at this court.
Mr. Henry (to Mr. Besley)—Do you not think
that course might be adopted even now, if the mat-
ter were referred to some mutual friend ?
Mr. Besley—l feel that I should be putting Mr.
Wigan in a false position. He wrote a very tem-
perate letter to the Era, pointing out what he
thought he had a right to complain of in the con-
duct of Mr. Vining. In answer to that Mr. Vining
publishes a letter in which I suppose the accents,
notes of admiration, and italics are his own, stating,
with all the emphasis of which print is capable, that
Mr. Wigan's assertions are opposed to the truth.
Now, Sir, that ie a very grave representation ; and
as in the present state of the law it is not customary
for gentlemen to resort to force, Mr. Wigan has no
course but to proceed against Mr. Vining for libel.
Mr. Henry—He might have done that, and if he
had this summons would never have issued.
Mr. Besley—Mr. Vining came here, I presume,
prepared to state that he goes in bodily fear. I
shall be very much surprised if he does say so, for
I think there is nothing in that letter which should
excite such apprehensions in the mind of a gentle-
man in Mr. Vining's position.
Mr. Henry—l entirely differ from you. I think
that last sentence is a threat.
Mr. Besley said his client would prefer that the
case should proceed, and he (Mr. Besley) thought
it could only terminate in the summons being dis-
missed.
Mr, Henry—l think you are mistaken there. You
will have difficulty to persuade me that this letter
does not contain threats. I should certainly not
hesitate to send the case before a jury.
Mr. Vining said that if the effect of the corres-
pondence in the Era was to form part of the pre-
sent discussion, he hoped the magistrate would look
at the " temperate letter," as the learned counsel
called it, which had provoked his reply. In that
reply, however, he had not wished to impute wilful
falsehood to Mr. Wigan, but merely that he was
labouring under an erroneous impression. That this
was his meaning was clear from a passage in which
he said, " I was calm and Mr. Wigan was angry—
might he not be mistaken ?"
Mr. Besley said that, unfortunately for this ex-
planation, the letter contained other offensive ex-
pressions, describing Mr. Wigan as one of a set of
" dramatic harpies," &c.
Mr. Vining did not intend to apply that expres-
sion to Mr. Wigan, unless it might be considered as
applying generally to dramatic authors who trans-
hted from the French, in which case he himself
would come within the category. (A laugh.) Ho
also explained some other expressions which had
been referred to by Mr. Besley. If any part of his
letter was supposed to impute wilful falsehood to
Mr. Wigan he was ready to retract it.
Mr. Henry—l cannot express any opinion as to
who was right or who was wrong in writing these
letters in the Era. I have only to do with the
threat contained in the last sentence of Mr.Wigan's
letter to Mr. Vining. I would again recommend
you to leave the matter to the decision of mutual
friends—persons well acquainted with the subjects
alluded to in the letters, and with the position and
character of both parties. In such an arbitration
the whole of the contents of those letters in the Era
would be gone into, and some decision could be
arrived at as to what expressions either party ought
to retract or apologise for. I cannot do that for you.
Mr. Besley—l am very loth to take any course
which would leave Mr.Wigan under the imputation
that even in anger, or at any time, he has stated
that which is false.

Mr. Henry—Mr. Vining is ready to retract any
imputation if a mutual friend says he ought to do
so. It might save a great deal of litigation.
Mr. Besley—Mr. Wigan would prefer going on
with the case. He feels most keenly, that though
he is here nominally as defendant, the peace has
really been broken on the other side. To a mild
and temperate letter Mr. Vining has replied by a
low and scurrilous letter.

Mr. Henry—Suppose that to be so. It would not
justify threats of personal violence.
Mr. Besley said the "unpleasant demonstration"
need not necessarily be of a pugilistic character. If
Mr. Wigan had laid a criminal information of libel

that would be a " demonstr.tinn" anything bnt

pleasant to Mr, Vining. He contended that there
was no threat, and if Mr. Vining were called, he

(Mr. Bosley) would cross-examine him as to his

delusion thal any violence was intended.
Mr. Vining was then called and sworn. He pro-
duced the following letter which he had received
from Mr. Wigan :

"208, Euston-road, May 5, 1862.
" waited on you this morning, at the St. James's
Theatre, with a friend, for the purpose of receiving an
apology for, and retractation of, the offensive expressions
used by you in a letter to the editor of the Era, of Satur-
day last. I was told that you were too busy to see me then,
and on my asking when you would be at leisure, I was
told you wore too busy to be able to say when you could
see me. I now insist upon an apology, and if you decline,
you will compel me to take the earliest opportunity of de-
monstrating to you in a very unpleasant manner my sense
of your conduct.—l remain, sir, yours, &c.,
" HORACE WIGAN."

Mr. Vining observed that ho had not desired any
one to say he was too busy to be able to make an
appointment, but he certainly was too busy to afford
Mr. Wigan an interview on that day, as he was
occupied with preparations for a new piece, and
Mr. Wigan must know from his own professional
experience that this was a good and sufficient
reason.
Mr. Vining was then cross-examined by Mr,
Besley—Received the letter dated the sth on the
6th inst., and I came to the magistrate on the next
day. During that time I apprehended an attack.
be put on
I do not see any other construction to
the words of the letter. Ido not say that I am
afraid. He is a tolerably strong m
dc
an, and I am
the same ; he is a good boxer,
on and
between us,
when e bothb e
rather would
fencer; and I think a physical lam a good
adable matter, I fearn
both determined
would ,
nothing, but I would rather avoid a scene which
would be disgraceful to both of us. As managar
of the St. James's, I am responsible for the mainte-
nance of good d
or er there, and how could" I counsel