The Sun.
London, England, 1854-02-16 00:00:00

THE SUN, LONDON, THURSDAY EVENING, FEBRUARY 16, 1854.

LAW INTELLIGENCE.—Feb. 15.

WESTMINSTER COUNTY COURT.
(Before F. Bayley, Esq., Judge )
QIIINTIN V. WILLOTT.-EXETER-HALL WEDNESDAY
EVENING CONCERTS.

This case excited a great deal of interest, and there
were a great many of the musical and theatrical profes-
sion present to hear the result of the trial.
The plaintiff, who is a musician, sought to recover one
guinea for one night's performance, according to the
terms of the agreement, having been engaged to perform
for the seasons of 1853 and 1854. Plaintiff presented
himself on the 24th of January last, and he was informed
that the band had been reduced, and at the same time
was refused admission. Since then he had applied to
perform his duty, but was always refused, and he now
sued for the breach of contract.

The agreement having been put in, the judge remarked
that plaintiff might have sued for more.
Mr. Haynes, the defendant's solicitor, inquired if
plaintiff were aware that the seasons of 1853 and 1854
only comprised twelve nights ?
The Plaintiff—Certainly not.
Mr. Haynes—Were you not aware that in conse-
quence of some heavy losses the defendant sustained, the
band was reduced, and that your services would not be
required ?
Plaintiff—Yes, much to my surprise, as I stated on
the 24th January ; that was the first occasion, I swear
upon my oath. Mr. Thirlwell, our leader, did suggest
that we should give Mr. Willott one night to lessen his
expenses, and in the following week that gentleman
made a speech to the band, in which he asked if they
would give him 100/. instead of 741., the result of the
previous arrangement ; and after some little time this
was agreed to, and was to be taken out of four nights'
performance, in equal proportions. Upon this occasion
Mr. Willott said he did not wish to give up the concerts,
and would continue them. Plaintiff's loss by this was
V. 4s. Bd., and at the end of that time, without receiv-
ing any notice, he was dismissed. In reply to a ques-
tior. by Mr. Haynes, plaintiff denied that any paper was
read to them, to the effect that the undersigned agreed
to give defendant 1001. for the season 1853 and 1854.
The Judge —What do you consider the season I
Plaintiff—l considered that if any concerts took place
between 1853 and 1854 I was engaged to perform at all
of them according to the aggreement I made.
The Judge—lt seems to me that plaintiff is clearly
entitled to recover. It is an engagement for the season,
and there is nothing to bind plaintiff to play for any cer-
tain number of nights. The defendant puts out that the
first series of the concerts shall consist of twelve nights,
and if at the end of that he chooses to go on it must be
part of the same season ; therefore, it is clear that as
long as the hall continued open and the performance goes
on the season goes on also. I think the plaintiff is fully
entitled to his guinea, and he has been very moderate in
claiming only that amount.
•
Verdict for the plaintiff.
LANCELLOTTI v. BERNI. —STREET ORGAN PLAYERS AND
THEIR MASTERS.

This was an action brought by the plaintiff, who is an
itinerant orgaw player, to recover from the defendant,
who was described as a chocolate maker residing at
King's-cross, to recover the sum of 6/. 104., for wages
alleged to be due at the rate of 10 francs or 10s. a-month,
from the Ist October, 1850, to the 14th October, 1851.
It appeared from the facts of the case, as stated by the
plaintiff, that the defendant, being in Italy in the year
1850, engaged the plaintiff to come over to England to
play the organ in the streets, which he represented as a
most lucrative calling. The plaintiff accordingly started
from Parma (where he had obtained a passport, in which
he was described as a travelling hawker or dealer in
wares) for Boulogne ; and having travelled the whole of
the distance on foot, he endured the greatest privations,
occasionally sleeping in sheds, stables, and out-houses,
and not unfrequently in the open air. On the plain-
tiff's arrival in England, he was duly initiated as to
the course he was to pursue in levying contributions on
the benevolent portion of the public. The plaintiff ac-
cordingly commenced his operations, which eventually
proved pretty successful, the proceeds arising from which
the defendant took especial good care to secure to him-
self, while the plaintiff was most wretchedly fed and
housed, there being no less than forty-three of his unfor-
nate countrymen in one house, who slept three and
sometimes four in a bed, every two of whom were com-
pelled to subsist on 21b. of bread with a quantity of
water, into which a small portion of tea was infused to
give it a colouring. And in proof of the rapacity of the
defendant, the plaintiff stated that on one occasion a
drunken man had done some damage to his organ in the
street, but that on the following day he had made repa-
ration, and gave him 10s. for himself, which he was
compelled to hand over to the defendant. The plaintiff
likewise alleged that he had caught the small pox owing
to his having slept with one infected with that disease,
whereby he became an inmate of an hospital. The de-
fence set up was that the speculation, as it was termed,
was a partnership, the proceeds of which were to be
equally divided between them ; and that he (the de-
fendant) had made several payments incidental to the
plaintiff's admission to the hospital, and which the de-
fendant now claimed by way of set off.
Tills view of the case having been proved by the de-
fendant and corroborated by two witnesses,
His Honour, after commenting with much severity
on the conduct of such men as the defendant, who in-
veigled boys, and young men, such as the plaintiff, to
come over to this country, and whom they heartlessly
deprived of their hard earning., left them, but too fre-
quently, in the most abject and destitute state to shift
for themselves—thought from the evidence adduce
a partnership had been established, in which case he
had no alternative, however reluctant, but to direct
a verdict to be entered for the defendant, but without
costs.

watches, and he took off that which he had taken, and
I wrapped them all up together. We then took a cab,
and went to a house in the City-road. I think it was
No 11, Ccttage-place. He went in and left the street
door wide open, and asked me into the parlour at the
side, and then went into the bedroom at the back, and I
opened the parlour door, and the prisoner came out of
the bedroom and said the gentleman had not yet arrived.
We then sat down some time. At last he said,
"We'll go and try if we can see him ;" and we
went into several public-houses and to the Eagle, and
I said to him, when we were in Old-street, " Now
we'll go across to the station." We accordingly went,
and on the steps of the station door he turned sud-
denly round and tried to knock me down, but I caught
his arm and down we fell struggling together, and off
fell his hat and grey wig together. He was searched by
the police. When he came into my shop he was wear-
ing a great coat over the uniform coat, and as he en-
tered he unbuttened his great coat and showed his uni-
form, and said that he was an inspector of the G. divi-
sion.

Inspector Chadwick, of the G division, said I have
been in the force 21 years, and never knew the prisoner
before. He is not an inspector of police. The button
on the uniform worn by the prisoner is that of the con-
stables and sergeants of our force.
The prisoner said he had nothing to say, and was then
committed for trial.

It was stated that the prisoner had succeeded in get-
ting three watches and chains under similar circurn•
stances from a watchmaker on the same day in the same
street, and he is to be brought up again to undergo ex-
amination on the second charge.

MARLBOROUGH-STREET.-2lfr. Thendore Bru-
nel, gentleman, was brought before Mr. Bingham, on
Monday last, charged with ringing at the door bell of
Sir William Baynes, 25, Portland-place, without lawful
excuse.

William Bartlett, the butler, said he was alarmed by
a loud ringing at the door bell about one o'clock on Sun-
day morning. Witness answered the summons, and
found the defendant there, who inquired if Miss Emily
was at home. Witness told him no person of that
name lived there. The defendant inquired if there was
a young lady from the country there. He was answered
in the negative, but he insisted upon it that he was at
the right house, and that he should keep on knocking at
the door until he saw the oject of his visit. The defen-
dant then commenced knocking loudly at the door until
he had alarmed the whole house, when a policeman was
sent for, and he was given into custody. The defendant
had been drinking, but was not stupidly drunk.
Sir W. Baynes said his family and himself were
alarmed at a violent knocking at the door of their house,
about two o'clock in the morning. It was feared the
house was on fire, and one of the members of his family
was ill that morning in consequence of the fright. The
defendant was the person who occasioned the distur-
bance.

Police Constable Sales, E 37, said he heard a violent
and continued knocking and ringing at a house in Port-
land•place. Thinking something serious was the matter
he went to the spot, and the defendant was given into
custody.
The defendant said he deplored the circumstances that
had occurred very much. He had directed the cabman
to drive him to Portland-street, where the lady he was
in search of lived, and the cabman, by mistake, took
him to Portland-place.
Mr. Bingham said the defence was one of the best
that could have been made, but the offence was of a
character which he oould not possibly overlook, and he
must therefore impose the highest fine, namely, 40s.
The fine was paid.

MARYLEBONE.—Mr. Thomas Coale's, chief officer
in the audit department of the London and North-
Western Railway Company, was placed at the bar for
re-examination, charged with defrauding the company of
the sums respectively of 2,1841. 15s. 4d., and 1,5011.
168. 7d.

Several witnesses were examined upon this occasion.

The prisoner, who seemed very much depressed at
the situation in which he was placed, observed that he
had nothing to say.
The prisoner stands committed on the several charges
gone into, and will be brought up again on Wednesday
next, when the whole of the depositions will be read
over by the chief clerk, and prisoner will then be sent
for trial. The court during the inquiry was much
crowded.

RAILWAY INTELLIGENCE.

NORTH LONDON.

The half-yearly meeting of this company was held on
Tuesday at the railway station, Euston-square; Mr. J.
Scott in the chair.

Mr. Chubb, the secretary, read the report, which
stated that the receipts from passenger traffic during the
past half-year exceeded those of the corresponding
period in 1852 by 4,4071., and in number of passengers
by 263,294. The receipts from the goods iraffic are
6,7231. more than iu the same period of 1852, and
4,3361. in excess of the amount taken during the
first six months of 1853. The large increase
in the past half-year has arisen from the development of
the traffic at the Haydon-square warehouses. It was
found necessary, during the past half-year, to execute
considerable repairs to the company's carriages, which
were three years in constant use without any material
repair. The gross receipts for the half-year have been
48,4721. The expenses, including the toll to the Black-
wall Company and taxes, amount to 25,8621., which,
with 691. from the last account, makes the balance
22,6791., and, after providing for interest on debentures,
leaves a net revenue of 17,8521. This sum is sufficient
to allow of a dividend of 21 per cent. for the half-year,
and leave a surplus of 5121. for the next account.
Three of the new engines required for working the
traffic have been delivered. The directors have also
taken measures to clear off the outstanding debts of
the company for land purchases, interest, &c., in
order that the expenditure of capital upon the original
undertaking might he closed at the earliest possible
period. The new bill for which the company are appli
cants to Parliament this session is to authorise the con-
struction of a cattle-siding, in connection with the new
cattle-market in Copenhagen-fields, under arrangements
with the London and North-Western and Eastern Coun-
ties Railway Companies respectively, whereby this com-
pany is to receive a fixed interest upon the capital expended,
in addition to the revenue yielded by the traffic brought
to the line. The capital account showed that 1,124,0271.
had been received and expended. The revenue account
for the half-year showed that 48,5411. had ben received
and 25,8621. expended, inclUding 4,9311. toll to the
Blackwall Company, 1,6401. passenger duty, rates and
taxes, and 1,4241. charges on goods and coal traffic—
leaving a balance of 22,6791., out•of which is deducted
4,8271. for interest on debentures, leaving 17,8511.
available for dividend.

The CHAIRMAN, in moving the adoption of the report
and statement of accounts, said that the second half of
the year was more productive of traffic than the first, and
therefore they were not to expect such great things
during the current half-year, but he was in hopes they
would have no cause to complain. They would have
the line to Worth Woolwich and Tilbury Fort opened in
the course of two or three months, which would increase
their passenger traffic. They would be enabled to book
passengers from Brentford to Tilbury and Gravesend ;
and, when the junction line with the Eastern Counties
Railway was completed, they might expect an increase
of cattle traffic from the Eastern Counties district and the
east coast. This was another source of traffic to which
they looked with confidence. There was a short line
constructing between Woking and Staines, over which
cattle and other traffic might, when made, be brought
from the Southampton Railway to the cattle-market
on the North London Railway without ii,terfering
with the Nine-elms station. The passenger traffic to
the Kew line was extending satisfactorily, although
they had only four trains each way per day ;
but when the London and North-Western Railway
was widened between the Primrose-hill tunnel and
Willesden they would be enabled to improve that
branch of traffic and to bring their arrangements into
better working order. It was in contemplation to
extend tho line from Brentford to Windsor, so that
persons might travel from the latter place to Tilbury
and back with facility. The passenger traffic o❑
the line during the first six weeks of the present year
amounted to 6,6191., being an increase of 9731. or 171
per cent. over the corresponding period of last year.
(Loud applause.) The goods traffic was no less satis-
factory, es they bad conveyed nearly 17,000 tons of
goods more during the first six weeks of 1854 than in
the corresponding period of 1853. On the whole they
might fairly congratulate themselves en the quiet and
satisfactory manner in which their traffic was progress-
ing. Ile concluded by moving the adoption of the re-
port
and accounts.
Mr. CREED seconded the motion. _ _

After some explanations in reply to Mr. J. M. PAR-
SONS. in respect to certain items in the capital account,
by Mr. CREED, Mr. CHUBB, and the CHAIRMAN, the
resolution adopting the report was carried unanimously.
Resolutions were passed declaring a dividend of 255.
per share on the 501. shares, and also a dividend on the
new 101. shares ; re-electing Mr. G. C. Glyn and Mr.
W. H. Thomas, the retiring directors, appointing Capt.
T. Porter, R N., auditor of the company ; and autho-
rising the directors to apply for powers to construct
sidings and works in connection with the cattle-market,
and to raise on loan 83,0001., under the act of 1853.
The proceedings concluded with a vote of thanks to
.the chairman and directors.

Union Railway, 3,127/. ss. 9d.; estimated dividend
from the following lines, 45,740/., less 2,4321. Bs. 2d.
overestimated last year; total, 43,307/. 11s. 10d., viz.,
Lancashire and Carlisle, 14,0001,; Chester and Holy-
head, 12,0001.; South Staffordshire, 2,8501.; Manches-
ter and South Junction, 4,0001.; North London,
10,0001.; Caledonian, 1,8201.; Scottish Midland, 1,0701.;
total receipts, 1,468,3041. 7s. Pd. The expenditure
during the half-year amounted to 822,9351. ls. Id., of
which the working charges amounted to 503,0891. 2s.
3d. This amount for working charges is comprised
under the following items : Maintenance of way, &c.,
56,5781. ls. 11d.; locomotive power, 159,424/. 15s. 10d.;
coaching expenses, 74,811/. Bs. Bd.; repairs and re-
newals, 16,5361. lls. 2d.; police expenses, &c.,
23,273/. 18s. 4d.; merchandise traffic expenses,
105,953/. 16s. Bd.; repairs and renewals of waggons,
27,406/. 18s. 11d. ; compensation for losses and acci-
dents, 10,572/. 12s. ld. ; general charges, 23,248/. 19s.
Bd. ; law expenses, 4,8191. ls. 7d. ; schools at Wolver-
ton and Crewe, 4621. 17s. 50.-total, 554,2381. 3s. sd.
Parish rates and taxes, 24,2291. lld. ; duty on passenger
traffic, 26,9201. Os. 3d. ; interest on loans and debenture
stock, 186,123/. 7s. Bd. ; chief rents. 4,838/. 9s. sd. ;
voted to General Anson, 1.050/. ; Peterborough joint
station, 4,6691. 17s. 2d. ; Parliamentary and legal ex-
penses, 25,000 E; Preston and Wyre Railway (estimated
deficiency), 5,000/. ; Buckinghamshire Railway (guaran-
teed dividend and working expenses, 30,957/. 6s. 6d. ;
less received for traffic, 18,675/. Os. 3d.), 12,882/. 6s.
ld. ; Shropshire Union deficiency, 15.987/. Os. 60. ; pro-
portion of guaranteed toll to North and South-west
Junction Railway (for the year), 1,125/. ; pro-portion of
deficiency on Manchester, Buxton, and Matlock Rail-
way, 1,152/. 4s. 3d. ; proportion of deficiency on Leeds
and Liverpool Canal lease, 1,3091. 6s. 70. ; Stour Valley
Railway, estimated dividend, 9,509/. 6s. ; total expenses,
822,935/. ls. ld. ; leaving a balance on the revenue ac-
count of 645,3691. 6s. Bd. ; less for renewals of rails,
42.636/. 13s. 4d. ; net balance, 602,7321. 13s. 4d.
CAPITAL ACCOUNT.-The statement of the joint stock
capital shows that, on the 30th June, 1853, the conso
lidated stock was 18,095,9621, 10s. ; addition to capital
per 9 and 10 Victoria, c. 204, 964,7591. 10s. ; making a
total of 19,060,722/. credited to December 31, 1853.
Calls in course of payment on this stock, 57,538/. 3s.
6d.: stock and shares of the Huddersfield and Man-
chester, and Leeis and Dewsbury lines, 1,149,0991. ;
total capital entitled to full dividend, 20,209,821/. Lon-
don and Birmingham shares, 1,295,340/. ; and Manches-
ter and Birmingham shares, 692,120/., entitled to full
dividend, less 5 per cent., on amount not called. Lon-
don and North-Western, 12/. 10s. shares, 3,054,600/,
entitled to 4 per cent., on amount called, and when the
whole is paid up to full dividend. Coventry and Nun-
eaton stock, 270,0001., entitled to 5 per cent. dividend,
and half surplus profits beyond that rate. Total joint-
stock capital on which dividend is payable, 25.521,881/.
6s. ; amount credited to the 31st Dec., 1853, 21,789,7731.
6s. 2d., making, with additional to capital, 472,288/.
10s. ; total capital received, 21,817.484/. 16s. 2d. ; total
calls in course of payment, 147,383/. 13s. 100. ; calls
which may be made, 3,584,724/. The general statement
of the capital account shows that the total amount of the
stock in land and works, &c., carrying stock and interest
of the company in other lines, was, on the 30th of June,
1853, 29,849,1611. ; amount added during the half year,
913,350/. 19e. ; making a total on the 31st of December,
1853, of 30,762,5121. 7s. 11d. The amount of capital
raised by stock and shares on the 31st December, was
21.317,484/. 16s. 2d. ; by calls paid in advance,
369,881/. 17s. 6d. ; by loans on debentures, 9,379,1631.
2s. 10d. ; by debenture stock, 396,530/. ; total,
31,463,059/. 16s, 6d.-leaving a balance of 700,5471.
Bs. 7d. The interest and dividend of the total amount
is charged to revenue.
The amount added to capital during the half year was,
by stack and shares, 46,592/. is. 3d. ; by calls paid in
advance, 315,8741. 6s. Bd. ; by debenture stock, 77,200/.

SPORTING INTELLIGENCE.

LINCOLN SPRING MEETING.—WEDNESDAY.
HANDICAP HURDLE RACE of 5 sous each, with 30 added.
Two miles. Over six flights of hurdles.
Mr. Choyce's Spring, 6 yrs, lOst 41b (A. Taylor) 1
Mr. J. Trafford's g by Dormouse, 5 y s, 9st (W. White) 2
Mr. Megson's Songster, 5 yrs, 91, (D. Wynne) 3
Mr. Barling's Beresford(lateWhipper Snapper, 91 71b)
(Planner) 4
The following also ran :—Mr. C. Boyce's Alp, lOst
31b (Weaver); Mr. Tilbury's Tomboy, age], 10st (Tasker);
Mr. C. Boyce's Victress, 9st 121 b (C. Boyce) ; Mr. At-
kinson's Blue Bonnet, aged, 9st 10lb (J. Noble) ; Mr.
Littiedale's Squire of Maiton, aged, 9st 81b (Green); Mr.
Poole's President, Est slb (Poole); Mr. J. Gilby's Wild-
goose (11 b) aged, 9st 31b (G. Allen); Mr. Gent.'s Friend-
less Boy, 5 yrs, 9st (EL Lamplugh); Captain Curzon's
Psyche, aged, 9st (Skeene.)
Betting-7 to 2 agst Victress and Songster, 3to 1
agst Squire of Mahon, 8 to 1 each agst Spring, Tomboy,
and Dormouse g. Won by two lengths ; a length be-
tween the second and third, two lengths separating the
third and fourth; Blue Bonnet was filth, Squire of Mal-
ton sixth, Friendless Boy seventh, and Psyche eighth.
Contrary to the wish of his present owner, Mr. Barnett,
who bought the horse after running at the recent Derby
meeting, John Bright was struck out by his. nominator,
Mr. Harrison, at 10 minutes past 1.

THE LINCOLN SPRING HANDICAP STAKES of 5 sous each.

with 100 added for three-yr-olds and upwards ; cer:

taro winners extra. One mile and a half.
Mr. Dawson's Georgey, 4 yrs, 7st ( kldcroft) 1
Mr. Bell's Lord-Lieutenant, 4 yrs, 7st (H. Grey) 2
Mr. I'Anson's Jack-the Giant-Kilier, 4 yrs, 7st 71b

_ .
(Cam-1ton) 3
The folowing also ran :—Mr. J. Dawson's Jack
Leeming, 6 yrs Bst 30) (Barker) ; Mr. H. Lister's Wind-
sucker, 5 yrs, Bst (Kendall) ; Mr. T. Ward's Scarcity, 6
yrs (Land, jun..) ; Mr. Walker's Cabin Boy, 4 yrs, 7st
(Nitwit) ; Mr. Clark's Salopiati, 5 yrs, 7st (J. Bailey) ;
Mr. T. Megson's Roebuck. 3 yrs, sst 71b (T. Cliff) ;
Mr. Reeves's Lioness, 3 yrs, sst (Cresswell).
Betting-2 to 1 agst Roebuck, 4 to 1 agst Lord-
Lieutenant, 5 to 1 each agst Georgey and Jack Leeming.
Georgey lay off to the distance, whence he gradually
drew to the front ; at the Stand he came with a rush,
and won cleverly by a length ; s ,me distance between
second and third ; Jack Leeming was an indifferent
fourth, Roebuck fifth, and Windsucker sixth. At start-
ing Lord-Lieutenant ran against some person, fell on
his nose, and lost several lengths of ground.
HUNTER'S STAKES. a Sweepstakes of 5 soya each, with
25 added. Weight fir age, &c. Two miles.

Mr. C. Bevill's Garfoth, aged, 12st 21b (o,vner) 1
Mr. Littledale's Squire of Matto!), 12st 21b (Boynton) 2
Captain Haywortli's Smuggler Bill, aged, 12st 51b

_
(0 wner) 3
Mr. D. Blyth's Florist, 4 yrs., 114 7lb (Owner) 4
Mr. F. Newman's The Prince, 12,t 71b

(S. Darling, jun ) 5

Betting-2 to lon Garforth, 4to agst Florist.
Won by ten lengths ; neck bAween second and third
and between third and fourth. The Prince beaten off.
The GREAT NORTHERN SELLING STAKES of 3 soya. each,

with 30 added,

One mile

Mr. Harrison's Julius Cm-ar, 3 yrs (301.), Sat 71b
(T. Cliffe) 1
Mr. Barling's Sam, 4 yrs (301.), 7st 41b.....(J. Bailey) 2
Mr. C. J. Pickering's Friendless Buy, 5 yrs (30/ ), 7st
131 b
Betting-4 to lon Julius Caesar. Wun by two lengths ;
head between second and third.

This was an impromptu affair, and was the only blot
on the meeting.

BROMLEY STEEPLECHASES.-WEDNESDAY.

The FREE HANDICAP was won by Mr. Harris's Rein-
deer, beating Simon the Cellarer and Dodger.
The SWEEPSTAKES of 3 sovs. each, with 20 added (re-
opened by consent of the stewards), was won by Rein-
deer, beating Nom de Guerre, Sorceress, and Vanish.
The SCURRY, substituted for the advertised Sweep-
stakes of 3 sovs. each, with 20 added, was won by the
Dodger, beating Sorceress and Simon the Cellarer.