The Sun.
London, England, 1854-02-20 00:00:00

THE WAGNER CASE.

COURT OF QUEEN'S BENCH.—THIS DAY.
(Before Lord Campbell and a Special Jury.)
LUMLEY V. 4YE.

This case, which has for a long time past been familiar
to the public in the proceedings which were taken by
Mr Lumley in the Court of Chancery, came on in the
form of an action by the plaintiff against Mr. Gye for
damages, for inducing Mdlle. Wagner to break her en-
gagement with Mr. Lumley.
Sir Frederick Thesiger, Sir Fitzroy Kelly, and Mr.
Huddlestone appeared for the plaintiff; and the Attor-
ney-General and Mr. Bramwell for the defendant.
Sir Frederick The-iger, in opening the case, entered
into a lengthened statement of the circumstances under
which the action had been brought It was through the
agency, he said, of a Mr. Barker Mr. Lumley succeeded
in entering into an engagement with Madlle. Wagner
to appear at her Majesty's Theatre, a contract being
signed between the parties, by which Mr. Lumley un-
dertook to pay at least 4001. a month to Madlle. Wagner,
1001. a week ;for two performances, and 501. a night
for every extra performance. The contract was signed
on the 9th of November, 1851. In December, 1851, it
turned out that Mr. Gye had induced Madlle. Wagner
to enter into an engagement to appear at the Italian
Opera at the rate of 2,0001. for twelve performances,
more than three times the amount Mr. Lumley was to
have paid, and that with a full knowledge on the part
of Mr. Gye that Madlle. Wagner was under a contract
with Mr. Lumley to appear at her Majesty's Theatre.
Madlle. Wagner's name was placed in the bill of Mr.
Lumley to appear at her Majesty's Theatre, and the
consequence was that Mr. Mitchell, the librarian, of
Bond-street, increased his subscriptions from 5,0001. to
15,4001., on the full and express supposition that Hadlle.
Wagner would appear there. It would be found that
Mr. Gye was one of the inducements to Madlle.
Wagner to break her 'contract, he having stated that
Mr. Lumley would be unable to perform his con-
tract, he having already been arrested for debt.
There could be no doubt whatever, and he felt confident
that the jury would come to the conclusion that Mr.
Gye had induced Mdlle. Wagner to break her engage-
ment with Mr. Lumley, and that being the case, the
real question was what extent of damages Mr. Luinley
had sustained ; and although it was almost impossible
that any fixed amount could be arrived at in any other
way than to compare the loss of that season of 1852 as
compared with other seasons when Jenny Lind ap-
peared, when the proceeds amounted to 1,1771. a night,
and upwards of 40,0001. for 30 nights ; whereas, on the
occasion of 1852, in consequence of Mdlle. Wagner
not appearing, the proceeds fell as low as 451. a night.
Dr. Barker, examined by Sir Fitzroy Kelly, deposed
to the circumstances under which he had entered into
an engagement with Mdlle. Wagner on behalf of Mr.
Lumley.

THE BRITISH MEDICAL DIRECTORY

FO f? 1854.

Though the present is only the second year of the
publication of this work, it is by far the hest and most
comprehensive medical guide yet offered to the public.
It contains an alphabetical list of all the qualified prac-
titioners of medicine and surgery in the three kingdoms,
with the dates of their admission, the appointments they
hold, and the titles of works proceeding from their pens,
and a very large amount of general information interest-
ing to the profession. A considerable space is devoted
to the regulations for the examination of medical students
at the different universities and hospitals, and to ac-
counts of the various medical societies throughout the
country. We should mention that, in addition to the
alphabetical list, there is a street list of medical practi-
tioners in London and the suburbs, as well as a country
list, arranged under the heads of towns, cities, &c.
It is altogether a very creditable production, and from
its moderate price deserves the support of the whole pro-
fession.

SOUTHAMPTON DOCK COMPANY.—The report of the
Southampton Dock Company for the past half-year
states that, in consequence of 124 feet of wall having
given way on the 3d of January last, expenses of recon-
struction must be incurred to the extent of 11,5001.,
which it is proposed to raise by new 5 per cent. pre-
ference stock. As regards revenue, the accounts are
satisfactory, the earnings for the six months ending the
31st of December having been 4,226/. in excess of those
for the corresponding period of 1852. A dividend of
15s. per share, clear of income tax, being at the rate of
3 per cent. per annum, is therefore recommended.
SEIZURE OF TWELVE HUNDRED POUNDS WEIGHT OF
GUNPOWDER TN THE ClTY.—Yesterday a discovery of
1,200 lbs. weight of gunpowder was made on the pre-
mises of Mr. Clemmitt, the extensive carrier, of the
Old Bailey, and seized by the police under the statute.
It appears that the Messrs. Pigou, the gunpowder ma-
nufacturers, have some large orders to forward powder
to Winchester, Southampton, and other places, and Mr.
Clemmitt was selected to convey it to the various rail-
way stations. Not having the opportunity, from the
pressure of business, to effect the immediate transit of
the powder, he had it carefully deposited in an ice-well
on his premises, and Messrs. Pigou's carts having been
seen there several times by the police, the circumstance
was reported, and that led to the discovery and seizure.
The powder, on being seized, was in the first instance
taken to the Artillery Ground, hut the authtiri'ies there
refused to receive it. It was then conveyed to the
Tower, where it was ultimately deposited. Mr. Clemmitt
has received a summons from Guildhall, to attend there
to-morrow to explain the reasons why he had lodged so
large a quantity of gunpowder on his premises in oppo-
sition to the statute.

KHAN'S MUSEUM OF ANATOMY. ---The anatomical
models of Dr. Kahn, doubtless the most celebrated of
their class, have been removed from the Portland Gal-
lery, in Regent-street, to the more commodious Salle
Robin, in Piccadilly, which has been fitted up at consi-
derable cost for their reception, and where they are now
submitted daily to the public. The nature of this exhi-
bition we have already described, the object of Dr. Khan
being to inculcate a knowledge of the human body by
delineations of the mechanical structure of the several
parts, whereby the wondrous organisation by which we
live may he studied, and the physiological facts apper-
taining to it understood. The collection was always a
very large one, but several new and beautiful subjects
have just been added. The lectures, which take
place at intervals during the day, are essays On the ana-
tomical phenomena of the body, comprehensive in plan,
and constructed with a view to the uninitiated ear ; Dr.
Khan having, we may add, at. exceeedingly able lecturer
in Dr. Leach, whose extemporaneous facility, great prac-
tical acquirement, and uniform cleverness of illustration,
eminently fit him to undertake the take. The patholo-
gical models are confined to a separate chamber, as was
the case at the Portland Gallery.
ECCLESIASTICAL PROCEEDINGS AGAINST ARCHDEACON
DENISON.—The Somerset County Gazette states that a
fund is now being raised to indemnify the Bishop of
Bath and Wells in the proceedings about to be instituted
by his lordship agai▪
nst Archdeacon Denison • it already i
amounts to about 500/. It s, therefore, confidently ex-
pected that the means required for correcting by eccle-
siastical censures the dangerous and heretical views pro-
pounded by the archdeacon on the Lord's Supper, will
be very soon realised. Until these preliminaries are
guaranteed: the bishop will not move in the matter. In
the meantime,
it i▪ s rumoured that the archdeacon,
alarmed at his position, is on the point of evading the
probableissue of an inquiry by joining the Church of
Rome.