The Sun.
London, England, 1865-12-23 00:00:00

NEWPORT.

Beef, from 2s 10d to 4s 6d ; mutton, 8s 10d to 5s 2d ;
veal, 3s 8.1 to 43 8d; and pork, 3s 10d to 5s 4d per Blbs by
the carcase.

WHITECHAPEL.

Beef, from 28 10d to 4s 6d ; mutton, 3s 10d to bs 2d ;
veal, 3s 8d to 4s 8d ; and pork, 3s 10d to 5s 4d per Blbs.
133, the carcase.

BREAD.

----- -
The prices of wheaten bread in the metropolis are from
‘d. to Bd. ; of household ditto, sid. to 6id. per 4lbs. loaf.

HIDES AN!) SKINS.

, Market hides 56 to 64 lbs, 21d to 3d. ;64t0 72 lbs, 8d
'0 ;72 to 801bs, 3d to 3id ;80 to 881bs., 31d to 4d;, 88
to 961b5., 4d to 4id ; 96 to 1041b5., 44-d. to 4d. ; 104 to
1121b5., 4id to sd. Horse hides, 9s to lOs Od ; calf skins
?fight), 2s to 4s ; full, 6s 6d ; polled sheep, lie oa to 14s Od ;
411-breds, 9s 6(1 to lls ; downs, 7s to 8s 6d.

Cam. ConsoL G old, lim
Chiverton
Clifford Amalgamated
Devon G. Cone. (Taoist
Drake walls
East Bassett (Illogan)
East Caradon
East Carn Brea
East Grenville
East Gunnislake
East Loved
E. WI Russell (Tavistk
Gam.& StAubyn(G wen.
Great L ixey, limited
Great South Tolgus
Great Wheal Busy
G. Wheal Vor (11elst,r
Grenville
llerod's Foot ....
Eiingston Downs
Margaret (Tiny Lelant
Marke Valley
Mwyndy iron Ore, lim
New Sewn
North Roskear
N. Wh'l Bassett (Mogan
North Wheal Crotty
Prosper United....
Pr ,videnee Uny Lalant
S: Caradon (St. Cleer)
South Condurrow
S.Wheal Fran. (Mogan
Stray Park
Tin Croft
Vigra and Ch gan, lim
West Bassett (Mogan
W. Caradon (L,skeard
West Chi verton
West Seton
Wheal Bassett 'lllogan
Wheal Buller (Redruth
Wheal Mary Ann (Men
Wheal Seton

44
24 23
575 695
18 20
8} 9
5i of
3 3}
. _

2.12.0
94
2.14.0
3}
2.14.0
8.&0
3.9.0
10.8.0

I
14 15
3 3.1
5 7
20 21
14 2
34 4
34 35
34 4
36 38
54 54
5 7
4 44
24 10
40 50
15 17
1

P. 6 3S
420 440

20 25
10 12
19 20
4 6

3 4

9 11
71 82i
190 200
95 It .0
32i 117 i

4 6
2124 222 i
.81 19i

2171

(Wheal Trelawney (lAa.

• ettEFERENCEIgb
Great Western Orig. 41 per cent pfl, 911
eitmeEnENCl4 611Att14s AiND STOCKS.
Great Eastern 41 per Dent. pr.,
Ditto. 5 p cent., 95
London, Brighton. &a, 41 per cent., 1858, 98
Midland A and B pf, 161
LINES LEASED AT FIXED RENTALS
Mid. Bradford Pref.,lStock, 9Z

r•UKJLJGN RAILWAYS.
Dutch Rhenish, 23}
Sambre and Meuse, 81
San Paulo, lien., gua. 6 per cent., 174
South Austrian and Lombardo Venetian, !7i

BANK b.
Agra and Masterman's, lira., 57}
Alliance, lim.. 29 30
- - -

Ditto, issued at 20 pm., of which 25 is paid., 281
Chartered Bank of India, Australia, and China, 24}
Imperial Bank, Rm.. 29)
Imperial Ottoman, 14
Lard:Mortgag-e Bank of India, lfm.,
London and River Plate, 526
London and Couuty, 19
London Joint Stook, 50/ 1
London and South-Western, Rm..
Ditto, new. 19i
Metropolitan and Provincial Bank. lim., lEi
New Zealand Bank Corporation. lim.,
►riental Bank Corporation. 516
Oriental Commercial Bank, 11w., late N. F., 3

MISCELLANEOUts-
Anglo-Mexican Mint, 161
Atlantic Telegraph, 8 per cent. gna., 3}
Ceylon Company, 10f
Credit Fonder and Mob'Her of England, 81
Ditto, issued at a prem.. of whioh £2 is to pay, 3f
East India Irrigation and Canal, 88
Ebbw Vale, 13f
Financial Discount, Um., of
Hudson's Bay, 16f
Imperial Mercantile Credit A sso., lim.,
Italian Irrigation (Canal Cavour,. 10
London Financial Association, lira , 20; f
M dras Irrigation and Canal, 13}
National Discount Company, 17f
Northern Assam Tea, lira.,
Ditto, B, 2f 3
Overend, Gurney, and Co., Rm., 21; ;
Royal Mail Stearn, 110
Trust and Agency of Australasia, lira., 21
Union Marine, Liverpool, Jim., 4)

COURSE OF EXCHANGE—Last Evening.

Amsterdam Short. 11 17
Ditto 3 Months. 12 11
•
Rotterdam
Antwerp 25 50
Brussels
13 91
P Hamburg —
- Short 25 10
aris
Ditto 3 Months. 25 37f
25 40
Marseilles
Frankfort on the Maine —10120 U
Vienna
101
80
Trieste lO 75
Petersburgh
Berlin
Madrid —46 f
Cadiz
Leghorn
Milan
Genoa — 25 60
Naples — 25 60
Palermo
Messina

11 18
12 1
12 1
25 55
25 55
13 9
25 17
25 45
25 45
121
10 85
10 85

30f
6 28k
47

481
25 65
25 65
25 65
25 65
25 65
25 65

LAW INTELLIGENCE —This Day.

COURT OF QUEEN'S BENCH.

(Before the Lord Chief Justice and a Special Jury.)

SWAN BORO UG II V. S 0 THE RN.

This was an action brought against Mr. Sothern,
the celebrated representative of Lord Dundreary, by
Mr. Swanborough, the lessee of the Prince of Wales's
Theatre, Birmingham, for breach of engagement.
The court was crowded by members of the
theatrical profession. Amongst those present were
Mr. Buckstone, Mr. C. Mathews, Mr. Creswick,
Mr. Addison, Mr. Emery, &c., &c.

Sergeant Ballantine appeared for the plaintiff,
and Mr. Bovill for the defendant.

Mr. Field having stated the case, called
Mr. Swanborough, who said he was the lessee of
the Prince of Wales's Theatre, Birmingham. In
the year 1865 he entered into an engagement with
Mr. Sothern to appear at his theatre in Birmingham,
and in consequence of a telegram from Mr. Sothern,
he came to London and saw Mr. Sothern at the
Cafe de l'Europe, in the Haymarket, who said he
had made an engagement with Mr. Henderson at
Liverpool, and that he could not carry out his en-
gagement at Birmingham. He told him he must hold
him to his engagement, to which Mr. Sothern said
he must do the best he could with Henderson, but
that he had thought that £lOO would be an ample
compensation for the non-fulfilment of the en-
gagement at Birmingham. He (Mr. Swanbo-
rough) said that £3OO would not compensate
him, to which Mr. Sothern said, " Very well, old
boy, I'll play for you." He afterwards received
from Mr. Sothern the sketches of the scenery re-
quired for "David Garrick" and " Brother Sam."
It was arranged that " David Garrick " should be
the opening piece at Birmingham. He proceeded
to make his arrangements, and made certain en-
gagements, and he received special sketches from
Mr. Sothern for the securing of " Brother Sam,"
and also drafts for the play bills. He advertised
his appearance at the Prince of Wales's Theatre.
Before Mr. Fletcher appeared he posted the whole
of Birmingham with " David Garrick " bills. His
stage master saw them, as he had to study a long
part, and consequently took a long country walk.
(Laughter.) He adopted all the usual means to
make known the engagement. Mr. Sothern was
to have a clear half of the receipts, and he (Mr.
Sothern) was to pay all the expenses out of his
half. He spent £llO in preparing the scenes, and
the furniture for the piece cost between £3O and
£4O. On the 12th of September he received a
telegram from Mr. Sothern stating that as he had
not been properly advertised the engagement was
null and void. The telegram came from Plymouth.
He replied that he had been properly advertised in
every part of Birmingham. He recollected the 9th
of September. Mr. Sothern's agent arrived in
Birmingham that day. He was on the stage at
rehearsal. A ballet was the first piece performed
that evening; it lasted about 20 minutes, and then
afterwards " David Garrick" ought to have been
performed ; but when the first piece was concluded
Mr. Sothern had not arrived. He sent his stage-
manager to the railway station to look after him,
and he (Mr. Swanborough) afterwards went to the
box entrance of the theatre and there he saw Mr.
Sothern, who was sitting in a cab in the street.
There was a large mob round the cab, and he
asked Mr. Sothern to come into his room. It took
fully 10 minutes or a quarter of an hour to per-
suade him to enter the theatre. Perions would not
go in because Mr. Sothern had not arrived. He
told him (Mr. Swanborough) that he could not
act in consequence of sudden hoarseness. By the
permission of Mr. Clifton and myself he entered
the theatre. He told him if he did not appear it
would be ruinous to him, and he said, " How can I
appear when lam so hoarse ?" I replied, " Will
you come before the curtain with me, and show the
public you are here and let them see it is no fault
of mine ?" He said, " I will not make an exhibition
of myself for you or anybody else." Mr. Morton,
the stage manager, said, " Surely you ought to have
some sympathy with Mr. Swanborough," and he
(Sothern) said he had no sympathy with Mr. Swan-
borough, his sympathies were for himself. He (Mr.
Swanborough) then said, " Will you, or will you
not, appear before the audience ?" and he said
hastily, " No." The members of the company heard
him say this. He called them all to witness that
be should hold Mr. Sothern responsible for
any damage he might sustain, and then directed
his stage-manager to tell the audience that Mr.
Sothern would not appear, that their money would
be returned, and that any expense they might have
been put to in coming to the theatre would be de-
frayed by himself. Mr. Sothern hearing this, said,
" Oh, if that's the case, that ends the matter," and
he then walked out of the theatre and went away.
He said that in a good voice; in fact, he never heard
him in better. His voice during the conversation
was a little husky, but then that is the case gene-
rally with actors. He returned the whole of the
receipts, and between £4 or £5 for " dead heads."
Lord Chief Justice—What's that ?

Witness—Parties applying for money who had
never been in the theatre at all. (Laughter.)
There was a great disturbance at the theatre.
The people said it was all humbug, and that they
would never come to the theatre again. He
saw Mr. Sothern at his private residence next morn-
ing. He was smoking his cigar. He said, " I'm
very glad you've come. I'm going to bring an ac-
tion against you." He (Mr. Swanborough) replied,
Don't talk nonsense. I've come to talk business.
Do you intend to carry out your engagement with
me or not ?" He replied, "I'll not play under this
engagement if it cost me £l,OOO. Fechter and
Burnett have got hold of you to break my engage-
ment."_ He (witness) said, " How can that be pos-
sible ? lam more interested in the engagement
than you are, inasmuch as I've gone to a great ex-
pense, and you are to have a clear halfi of the re-
ceipts yourself." At this time Mr. Andrews, a
solicitor, came into the room, and Mr. Sothern ex-
plained that his non-appearance arose from illness.
Mr. Andrews said he had not been consulted pro-
fessionally, he had called by accident, and he would
endeavour to adjust the matter amicably for us both
if possible. Mr. Sothern said he had taken an oath
he would not play under the old engagement, and
would only do so under a new one. A new agree-
ment was drawn up by Mr. Sothern, and he under-
took to play 16 nights. This was on the 20th of
September, 1865. He played four nights, but the
audiences were not good. They were about a
third less than usual. Mr. Sothern had played
three or four engagements with him before this.
He played David Garrick. Sothern said the piece
was spoiled, and that he (Swanborough) must do
his best to force " Uncle Sam" for the Monday
night. Sothern walked through the town with him
next day, to show he was there. Sothern told him
to " paper the house," in order that there might be
a good one.

The Lord Chief Justice—What is that?
Witness—To issue free admissions. To let in
persons without paying.

The Lord Chief Justice—Oh, that is papering a
house, is it ?

Witness—The house was not over good. Mr.
Sothern said paper audiences were always cold
ones. He played very well, and had capital notices
in the papers. He went next day to Mr. Sothern,
who was then staying at the Hen and Chickens'
Hotel. He was smoking a cigar, and he said he
could not play. He (witness) told him such a de-
termination would be fearful to him. He said he
was ill, and he (witness) asked him if he could not
get through one act. He said, " My dear boy, I
can't ; there's the medical certificate." The docu-
ment went on to say that if Mr. Sothern appeared
it would be at the risk of his Life•—that he would
require a fortnight's rest—and thatperhaps he would
have to undergo a surgical operation. He told him he
should have to close the theatre, but Mr. Hender-
son, who was there, advised him not to do that.
Mr. Sothern positively refused to appear, and then
his medical certificate was printed and posted out-
side the theatre. He had not seen Mr. Sothern
since. When the theatre was opened that evening
there was fearful confusion. The people said it was
a swindle. The people that were in demanded their
money, and those that were admitted with orders
also demanded money. There was about £6 13s. in

the house. He had sustained considerable loss from
Mr. Sothern's non-fulfilment of his engagement.
He (Mr. Swanborough) considered he should have
made a profit of at least £l,OOO by the engage-
ment.

Cross-examined by Mr. Bovill—He was sure
that Mr. Sothern said he had made an engagement
with Mr. Henderson.

Mr. Bovill—You are sure he did not say that he
was desirous to make an engagement with Mr. Hen-
derson ?

Witness—l am sure he did not.
Mr. Bovill—That is about as true as the whole of
the story you've told.

Witness—l'm on my oath, and I'm not in the
habit of telling untruths.

The Lord Chief Justice—Mr. Bovill, that obser-
vation of yours is very offensive.
The cross-examination then proceeded•—He never
knew or heard that his stage manager received a
telegram from Mr. Sothern, stating that he could
not appear on the evening that he was announced.
He never heard that such a telegram had ever been
received by Mr. Morton. He might, however, say
that as he and Mr. Morton were leaving the place
where they had been dining he was told in the
course of a casual conversation at about six
o'clock that a telegram had been received, stating
that Sothern was hoarse, but that he would be there
at half-past 6. This conversation took place about
6on the evening Mr. Sothern was to appear. He
never threatened to have Mr. Sothern arrested.
lie said he should consult his solicitor. He never
lost his temper while talking to Mr. Sothern. He
might have told Mr. Sothern he never intended to
act at Birmingham. He did not know that Mr.
Sothern was, owing to illness, anxious to go to
London to see his wife. He did not know that he
had had to send fur Dr. Fletcher on account of his
ill-health. He sustained great loss in consequence
of the non-fulfilment of- the engagement, but he
could not go the length of saying that Dr. Fletcher had
given a fictitious certificate for the purposes of de-
ception. The nightly expenses of the theatre were
about £3O or £4O a night. The receipts of the first
night of Mr. Sothern's performance was less than
the second and third. This arose from the public
not attending the theatre from the fear of it being
overcrowded. The audiences always improved as
his engagement proceeded. He had played at the
Prince of Wales' Theatre to a £2OO house.
Re-examined—Dr. Fletcher is one of the first
practitioners in Birmingham. Before he took any
legal proceeding he heard that Mr. Sothern appeared
at the Dublin Theatre on Saturday, 7th October.
[This was within the fortnight. Dr. Fletcher's
certificate stated Mr. Sothern would require rest.]
Mr. Johnson said he was at the Theatre Royal,
Dublin, on Saturday, the 7th Oct. Mr. Sothern
acted on that occasion. That gentleman had been
advertised to play in that city for about a week.
He acted in the piece with him.
By Sergeant Ballantine—Mr. Sothern appeared
to be in very good health.

This was the case for the plaintiff.
Mr. Bovill then addressed the jury for the de-
fendant, and called

Mr. Sothern, who was examined by Mr. Haw-
kins—He said during the time he was under
engagement to Mr. Swanborough, he had no
other engagements for that time. He had heard
the conversation spoken to by Mr. Swanborough at
the Café de l'Europe, and he denied that he ever
said that he had made an engagement with Mr.
Henderson, of Liverpool, which would prevent him
fulfilling his engagement with Mr. Swanborough.
He said he wished to make an engagement with Mr.
Henderson, not that he had made one. His en-
gagement with Mr. Swanborough would terminate
on October 7, and his next engagement was in Dublin,
at which place he was to appear on the 9th. Pre-
vious to coming to Birmingham. he was at Ply-
mouth, and there he had to apologise to the audi-
ence for illness. He suffered very much from bron-
chitis. His throat had been bad for two or three
weeks previous. He had made arrangements
to fulfil his engagements at Birmingham. Mr.
Addison had gone before me. He is engaged
specially for that purpose by me, and a day after
Mr. Andrews also started for Birmingham by my
directions. He, Mr. Sothern, had consulted a
surgeon in Exeter about his throat previous to his
departure for Birmingham.

(The case was proceeding when we wont to press)

POLICE INTELLIGENCE.—This Day.

MARLBOROUGH-STREET.

CAUTION TO JEWELLERS, &c. —John Green, describing
himself as a turner, and giving the address " White-
horse Hotel, Fetter-lane," was charged before Mr. Knox,
with attempting to steal a quantity of jewellery by break-
ing a pane of glass, the property of Mr. Page, jeweller
and watchmaker, Great Portland-street.
The prisoner, with two other young men not in custody,
was seen by a boy standing in front of Mr. Page's win-
dow. The boy then saw them discharge something at a
pane of glass, breaking it, and he then informed Mr.
Page, who rushed out of his shop and secured the pri-
soner, the others managing to escape. The prisoner was
then given into custody.
Mr. Knox remanded the prisoner.
It appears that lately robberies at jewellers have taken
place, the plan adopted by the thieves being to stand in
front of the window and then to discharge some substance
against the glass, and having broken it to abstract from
the window by means of a piece of bent wire valuable
property.

WESTMINSTER.
WILFUL DAMAGE BY A. DRUNKEN MAN.—Harry Serater,
a respectable-looking man, was charged with being drunk
and incapable of taking care of his horse and cart, and
thereby causing damage to the amount of £5 to a horse.
Mr. William Scutts, a farrier, of the New Kent-road,
said he was going from Westminster-bridge along George-
street towards St. James's-park, at 20 minutes past 8 on the
previous evening, in a cart with his son. The prisoner
was driving another cart, coming from Westminster, and
when opposite the cab rank at King-street tried to get in
between the rank and his cart, being on the wrong side of
the way. He was very drunk, and his cart came into col-
lision with witness's. The shaft was broken, witness's
pony was nearly killed, and he and his son were thrown
from the cart into the road. The prisoner's near shaft
caught the pony in the chest. They could not get out of
his way, and were at walking pace, the prisoner going at
about six miles an hour. The damage done to the pony
alone was £4 or £5, and the cart would require a new
shaft and other repairs.
Charles Scutts, the son, corroborated last witness. The
prisoner was incapable of either driving, or sitting, or
standing. He was lying down in the cart. The accident
was entirely his fault. Had the shaft gone two inches
further the pony would have been killed. Prisoner was
alone in the cart.

Prisoner, in reply to the charge, said he had had some-
thing to drink, and he was sorry for it.
_ _

Mr. Charles Stuart Jolly, corn merchant, prisoner's mas-
ter, 84, York-road, Lambeth, said he had known him for
several years, and had employed him four months. He
was a very steady man. He had seen the pony with a
veterinary surgeon that morning, and the damage was esti-
mated at £2, which he was willing to pay. The pony
would have to lie by three days.

The parties could not agree as to damage.
Mr. Selfe said he would leave the damage for the County
Court. A drunken man like the prisoner have might done
serious damage topife:and limb, and he might think himself
lucky he had not.

He was fined 40s. or a month.
His mister paid the money.

Foreign Mail Packet List.

MAILS DUE.
dustralia and New Zealand, via Southampton.. —Dem —.
Ditto, via Marseilles Jan. 12.
Brazil and Cape Verde. by British packet Jan. 4.
Ditto, by French packet
Cape of Good Hope, Ascension, and at. Helena Dec. 22
China, Penang, and Singapore, via Southampton Dec. —.
Ditto, via Marseilles Jan. 27
Falkland Islands
Gibraltar, via Southampton

India (Calcutta), and Ceylon, via Southampton.... Dec.
Ditto, via Marseilles . ..... Jan. 27
India ([lumbay), via Southampton. Do. 27.
Ditto, via Marseilles .. Dec. 21.
Mauritius, via Southampton
Ditto, via Marseil e 3 Jan. 5.
Newfoundland

Portugal
Ditto, by private ship to Lisbon... .
United States and British North America, by Bri-
tish packet
Ditto. by United States packet, via Southamp-
ton

Ditto, Tia Cork

Ditto, by Canadian packet, via Londonderry Dec. 22.
West Coast of Africa. Madeira, and Tenerife Jan. 10.
West Indies and Pacific (except Bahamas, Cuba,
_ __

and Mexico Dec.
2)
Cuba and Mexico
......Dec. kO.
Bahamas, via New York. Jan. 11.
Bermuda, ditto.... • • • • . • . Jan. 17.