The Sun.
London, England, 1854-09-02 00:00:00

THE CASE OF MADAME CARADORI.

the next examination, you prefer to amend your evi-
dence, you can do so.
Mr. Levy—The deposition represents
saime as s
Itatdid
in,,c,
that I did not make the application. d that
not make it person y.
all
Mr. Henry—Now, I must ask you, did you make it
directly or indirectly 3
Mr. Levy—lt was made indirectly through me.
any
Mr. Henry—pia the judge (Barton rough me.
questions 1
Mr. Levy—l think be asked who the parties were,
and he may have put sortie other questi
those ons.
uestions ad-
Mr. Henry—To whom were q
dressed! To you?
Mr. Levy—No. They must Lave been addressed to
the person who got the order.
Mr. Henry—You heard the questions put. Have
you any doubt that the judge addresses) them to you
personally
Mr. Levy—l suppose they were addressed td
Mr. Henry-17ave you any doubt of it ?
Mr. Levy—No.
Mr. Henry—Let that be added to the depositions.
The proceedings were ‘`ben adjourned till next week.

At the Bow-street police court, yesterday, Mr. Ben-
jamin Sloman, machinist of Drury-lane Theatre, at-
tended upon an adjourned summone, charging hies with
wilful perjury, and the case attracted quite a crowd of
theatrical celebrities to the court.
Madame Caradori was again examined by Mr. Lewis,
for the prosecution, and cross-examined by Mr. E.
Lewis, relative to the terms of her engagement " under
the new management" at Drury-lane, on the re-opening
of the theatre, on the 12th of August, till the 19th. She
stated that she was to receive a moiety of the receipts,
after the orchestra and chorus had been paid ; but she
did not consent to any partnership arrangement.
Mr. Henry hoped the real question before the court
would be -adhered to. Did Madame Caradori (or
Signor Pavesi) make the alleged statement relative to
their intention to leave England on the 21st ? That was
what the defendant had sworn to in his affidavit.
Signor Pavesi, otherwise Guiseppe Cogna, was then
examined in French, and declared that he had never
spoken to Sloman in his life, and could not, in fact,
speak the English language. He had declined to sing
at Drury-lane after the 19th. Both Madame Caradori
and himself expressed this determination a day or two
before the 19th. He recollected dining with Mr. Oswald
and Mr. Jarrett, at Madame Caradori's house, during
that week, but he did not on that, or on any other
occasion, say he was going to leave England. He had
no other engagement, and had received no answer from
Milan respecting an application which he had made for
one. He was not engaged to sing with Madame
Caradori at Manchester, although he applied for
an engagement. No demand was ever made upon
him for the money claimed by Sloman. On the
Friday previous to his arrest a Mr. Levy, Mr. Jarrett's
solicitor, came to him in the green-room and wished to
speak to him in secret. He addressed him in French,
telling him (witness) that if he and Madame Caradori
refused to sing after the 19th, the orchestra and chorus
would apply for a judge's order to have them arrested.
In consequence of this intimation he at once proceeded
to the stage, and addressed the orchestra, hoping that
some one amongst them would be able to translate his
French into English. He was assured of the contrary,
and Mr. Jarrett told him that he had been deceived.

(The particulars of the arrest have already appeared.)
Mr. Genese, landlord of the Crown and Cushion, in
Russell-court, was called for the prosecution. He stated
that Mr. Sloman need his house, and was frequently
there in company with foreigners. He declined to give
any opinion as to whether Sloman could speak French
or Italian. He had no belief upon the subject. Could
not say whether the defendant appeared to understand
theta or not, and did not know the difference between
Italian and French when he heard it. (A laugh.)
Mr. Lewis—Then I will call the defendant's solicitor
as a witness upon this point.
Mr. E. Lewis assured him that he had no knowledge
upon the subject.
Mr. Lewis proposed, under these circumstances, to
examine Mr. Lawrence Levy, the solicitor, who drew
up the affidavit in question, and who appeared subse-
quently to have transferred the business into the hands
of Mr. E. Lewis, who now attended for Sloman.
Mr. Levy—l am a solicitor, practising at Falcon-
court. lam not Mr. Sloman's attorney in this matter.
lam not his attorney at all. I have been spoken to on
matters, and have known him personally during the
whole of Mr. Jarrett's management at Drury-lane, in
my capacity as Mr. Jarrett's solicitor. I cannot say
that Mr. Sloman is unable to speak French or Italian.
Ido not know. I have never said that he had told me
he could not.

Mr. Lewis (exhibiting a letter)—ls this letter in your
hand-writing ?
Mr. Levy—l claim to be exempted from any reply in
reference to a privileged communication.
Mr. Lewis—But you have said that you were not the
attorney of Mr. Sloma❑ in this matter.
Mr. Levy—l was acting for him as such at that time.
Mr. Henry—Were you retained ?
Mr. Levy—l had no written retainer.
Mr. Henry—As a professional man you must know
the meaning of the question perfectly well. If you were
not retained you cannot claim the exemption due to a
privileged communication.
Mr. Levy—l will swear that I was retained as Mr.
Sloman's attorney at that time, but I declined to act
afterwards.

Mr. Lewis—Was the refusal to act prior orsubsequent
to the preparation of the affidavit ?
Mr. Levy—Am I bound to answer that question ?
Mr. Henry—Certainly.
Mr. Levy—lt was at the time when the affidavit was
being prepared.
Mr. Lewis—Were you Sloman's attorney when the
affidavit was sworn ?

Mr. Levy—Yes.
Mr. Henry—Had you ceased to be his attorney when
application was made for the arrest of Madame Cara-
dori and Signor Pavesi ?
Mr. Levy—Yes.
Mr. Lewis—Were you present at Judge's chambers,
with Mr. Sloman, when he was sworn ?
- Mr. Levy—l cannot say.
Mr. Henry—Did you attend upon the judge's clerk
outside the chambers ?

Mr. Levy —I cannot say whether I did or did ❑ot.
Mr. Henry—Let him refer to the document.
Mr. Levy—That is only a copy. I could tell if I could
see the original affidavit.
Mr. Henry—You are aware, as an attorney, that the
original document is kept by the judge's clerk.
Mr, Levy—l thought he had left it here.
By Mr. Lewis—l swear that I did not apply for
the affidavit—not personally. I think the clerk of Mr.
E. Lewis applied for it, but cannot say. I was not
present.

he had no doubt they were what they represented them-
selves.
One of the persons present, the constable subsequently
recognised to be Mr. Dawes, who lived about a mile
from Mr. Browne's house.
In his cross-examination by a solicitor, who appeared
for the defendant, the witness admitted that on ques-
tioning the parties in Mr. Browne's house they, in con-
firmation of the assertions that they had come from Lon-
don, exhibited their railway tickets, and that Mr. Dawes
whose name he had mentioned, had done so also.
Mr. Norton—The question here is, were the parties
served by the defendant as "travellers ?" And I confess I
do not feel quite satisfied about this Mr. Dawes. Be-
sides, the house instead of being ez'd. to all but travel.
lers, was quite open—the shutters down, and the door
open, so that any one might enter. The Beer Act is one
which, in my opinion, trust L; rlpealed, as it is not
suited to the convenience or necessities of the public.
But acting in direct violation to it is the very worst means
that can be adopted to effect the object ' • and if the pub-
licans persist in it, they may depend on it that their
houses will be closed for the whole of the Sabbath.
"Ni r. Browne assured his worship that the Mr. Dawes
L-esided quite a mile and a half from his house,
and askew
he were on his way home from London, and
spoko of re
d he not be considered la a legal sense his house, coiLl

Mr. Henry—Let that be taken down.
Witness—l did not appoint to meet Mr. Sloman at
the chambers. I saw him there and spoke to him. The
affidavit was written by me, and I think I gave it to Mr.
Lewis, but I cannot say where. I took a written re-
tainer to Mr. Lewis after I had declined to act for Mr.
Sloman. I think it was signed at the theatre. Before
preparing the affidavit I did not inquire for vouchers or
accounts to sea if the claim was correct, because I was
aware of the whole transaction. I did not communicate
the contents of the paper to my olient, Mr. Sloman, not
deeming it necessary to do so. I think Mr. Lewis pre-
pared the writ to arrest. I gave no instruction to the
officer respecting it. I did not tell the officer that Ma-
dame Caradori was to be at Mr. Jarrett's in the evening,
and it could be served upon her there, on leaving.
Mr. Henry—Did you make any application to Madame
Caradori for payment of the alleged debt before prepar-
ing the affidavit.
Mr. Levy—Certainly not. No written application.
Mr. Henry—ls
it usual for attorneys to apply for a
judge's order to arrest without a previous application for
payment of the debt ?
Mr. Levy—lt is sometimes usual, and sometimes un-
usual.
you give that answer upon reflection,
Henry— Mr. Hen
or do you wish to amend it ?
Mr. Levy-1 do not want to amend it. I cannot
speak as of
the other. If I am
to the practice other attorneys. I have done
sometimes the one
and sometimes
u shift the matter over to
told to write a letter first, 1 do so ; not without.
Mr. Henry—Why did yo
another attorney, after preparing the affidavit
being Mr. Levy—Because, Mr. Jarrett's attorney,
judge
thought it desirable to do so.
Mr. Henry—Who made the application to the
Mr. Levy— I have said that 1 cannot distinctly re-
member.
Mr. Henry—lt was only on
know.
don't
the 19th of last month.
Do you mean to swear that you
Mr. Levy-1 won't swear that I do or do not.
the defendant's
Mr. Henry—And yet you have been
attorney in the matter up to that moment. It is very
singular that you should not know.
? Mr. Lewis—Who handed to the judge
the paper up
Mr. Levy--I cannot say whether I handed it across
myself, or whether Mr. Lewis's clerk did.
Mr. Henry—Take that down.
Mr. Lewis observed that it would be necessary to ask
for another remand, as he should want summonses for
the attendance of some of Mr. Sloman's family, to state
if the defendant can speak French or Italian.
Mr. Henry—You can have any summons you like.
Mr. Levy—And in the meantime I nresume I shall
have an opportunity of inquiring into some of the
Ratters about which I have been in doubt.
Mr. Henry—What you have said to-day has been
taken down, And now I require you to sign it. If, at

a traveller
Mr. Norton observed that, if Dawes lived so far off,
and was on his return from London, as had been alleged,
it would make some difference ; and, under all the
circumstances, he should not impose any penalty, but
leave the defendant at liberty to put what he pleased in
the poor-box.
Mr. Browne thanked his worship, and having put
half a sovereign into the poor-box the summons was dis-
missed.
A summons for a similar offence was exhibited
against Mr. Vivian, the proprietor of the Rambler's
Rest, at Norwood. In this case it was sworn that
though the defendant's shutters were up, and the door
shut, 10 persons were found in an upper room taking
refreshments ; and the defence set up was that they
were persons from London who ordered their dinners
before two, and were then enjoying it. The serjeant
admitted that the parties were respectable, and had the
appearance of Londoners, and Mr. Norton at once dis-
missed the complaint.

LQ,N,DON, SA:TURDAY EVENING, SEPTEMbEtt 1854.
TIE SUN,

the expens3s ; two miles ; 100 subs, 61 of whom de- f THE LONDOIV GAZETTE OF
dared.

Age st lb
Kingston
Adine 5 8 0
Knight of the Shire 5 8 0
Typee 4 7 10
tiungerford
Bouron (h b) a 7 3
Indian Warrior 5 7 3
Lough Bawn (inc
51b extra) 6 7 1

Age st lb
Eulogist
la.nthe
Brother to Grey
Tommy
Lady Flora 4 5 I"
Dionieclia . ...... . 1.1.
Jack Frost. . 'e 5 10
Amalfi .- ........ a 5 7
".„ —%isi-satiork (inc
~,o extra)
' Hercules 3 5 4
Gamelad
Barrel
Baalbec
Ladybird
Stiletto
Lurley
Miss Kitty Cockle
filly 1 4 5
Kidnapper 3 4 4
Gamekeeper 3 4 4

',AST NIGHT.

Haco
v • 6 12
A._ • •
-.mum=
Lindrick 5 6 10
Ethelwolt
Merry Bird
Poodle
Morning Star 5 6 8
Scarecrow
Pantomime
Aribbas
Jacqueline 4 6 0
The CASTLE PARK STAKES of 10 sovs each, with 50
added, for two-yr•olds ; colts Bst 71b, fillies Bst 21b ;
winners before starting 41b, twice 71b extra ; the
winner to pay 10 sovs towards expenses ; T.Y.C. ;
13 subs.
Torn Hines Cossey (41b extra)
Bessie (71b extra) Chelmerton
Cotherstone out of Polydora Velvet
Border Chief (71b extra) Plausible
Sir Hercules out of Dex- Elizabeth Ann
terous Contention
Gossip Fortitude
The QUEEN'S PLATE of 100 guineas ; three-yr-olds Bst
41b, four 9st 41b, five 9st 91b, six and aged 9st 111 b ;
the Two Mile Course. To close and name on Mon-
day.
The CORINTHIAN HANDICAP of 10 sovs each, h ft ; gen-
tlemen riders, as qualified to ride for the Welter Cup ;
professionals 61b extra; T.Y.C. To close and name
on Monday evening.

FOREIC="
The Queen b, • -OFFICE, AUG. 29.
do Vedi%
.s been pleased to approve of Don Enrique
of an-'
.s Consul at Liverpool for her Majesty the Queen

Sept 22. E. Ashley, Manchester, stuallware manufacturer
—Sept. 22. S. Walton, Macclesfield, Cheshire, silk manu-
facturer.

CERTIFICATES TO BE GRANTED.

Sept. 23. G. Chaffer, Commercial-road, Pimlico, builder
—Sept. 26. C. Spashett, Barking, Essex, mast and block
maker—Sept. 26. R. Thwaites, Addle-street, City, ware-
houseman—Sept. 25. Rebecca Crichton and J. W. Crich-
ton, High-street, Newington Butts, upholsterers—Sept. 25.
C. J. Caffall, Rickmansworth, Hertfordshire, auctioneer—
Sept. 25. J. Swallow, Maidenhead, Berkshire, corn mer-
chant—Sept. 22. S. Boulton and J. Swindells, Greenfield
Works, near Holywell, Flintshire, spelter manufacturers—
Sept. 28. J. Pratt, Manchester, bookseller—Oct. 13. H.
Hartley, Trawden, Lancashire, cotton manufacturer.