The Sun.
London, England, 1836-02-03 00:00:00

EXCHEQUER COURT-(THI

OTWAY V. MORRIS.
This was an action by an actor against the lessee of the Hay-
market Theatre. On its being called on no Counsel appeared
for the plaintiff. He appeared in person, and said Mr. Thes-
siger had bren engaged for him only a few minutes before, and
was expected instantly. in a few 1110MCIOS the plaintiff's at-
torney (Mr. Peach) appeared, and was about to withdraw the

reeora,swhen
Mr. Otw•ay said—My Lord, I cannot consent to the case
being withdrzlwn. I will rather plead it myself, for it is one

of life or death to me.
Lord ABINGER (after looking over his abstract of the plead-
ings)—l cannot see how you can go on. The declaration states
the action to be upon an agreement for three appearances, for
each of which 3/. was to be paid. The defendant has paid 9/.
into Court. How, then, can you go on? A plaintiff cannot

obtain more than he asks.
Mr. Otway—My Lord, if )ou will only let the letter be
read which preceded the agreement, you would the-:e see that
my object was to have a certain number of appearances, which
I would with pleasure have given gratuitously. It was the
appearances which constituted the value of the engagement ;
but I was deprived of them by the cruel, unjust, and tyrannical
conduct of Mr. Morris. Let the case proceed, and I will show
that the injury inflicted by the non-fulfilment of the agreement
has been the annihilation of my theatrical prospects. I have
had the honour of being in the army, and I have now none but

them to look to.
Lord ABINGER-But how is the jury to estimate the damages
in such a case ? You can still have all the advantages you
desire by appearing elsewhere. I think you had better leave
the case in the hands of your Attorney.
Mr. Otway—l am sure, my Lord, if there is justice in the
land, I will have both your Lordship and the Jury witlL me if
the case is beard. lam most anxious to have it gone on with.
I would have pledged my body rather than have now been
without Counsel. My Lord, there is Mr. Kemble in Court,
and from his well-known character, you will know that he
would not appear in any case which savoured of dishonour, and
I pledge myself I have never had any private or indirect com-
munication with him.
Mr. Thessiger here came into Court, and was addressed by
Lord ABINGER.-Mr. Thessiger, you have to prove to the
Jury that your client would have been approved of by the pub-
lic if he had been allowed to appear, and to make out damage
from his not being afforded the opportunity of so doing.
Mr. TIIESSIGER-My Lord, I have read the declaration, and
I hardly know what I have to prove. Mr. Serjeant Talfourd
held the brief, but he was obliged to go elsewhere to-day, and
I have not had it more than ten minutes; but I am aware of
the difficulties I shall have to encounter. Would your Lord-
ship allow the case to stand over for a short time, so that I
may see and confer with my client.
Lord ABINGER.-Certainly.
Mr. TIIESSIGER returned in a few minutes and said—My
Lord, may I ask that the case may stand over till to-mor-
row, so that—
Lord ABINGER-This is nearly the last Common Jury cause.
Perhaps you would have a special and whole day fixed for this
exhibition. Sir William Follett, is there not another way in
which this case might be settled, without involving the par-
ties in more expence.
Sir W. FOLLETT-My Lord, though the Jury have been
sworn, I have no objection that the plaintiff should withdraw
his record.
Lord ABINGER-I certainly meant something else than that.
Mr. TIIESSIGER and Sir W. FOLLETT then conferred toge-
ther for a short time.
Mr. TIIESSIGER then said—Gentlemen., my Learned Friend
and myself have agreed that no verdict should be taken in this
case. We have agreed to consider one of you withdrawn, the
effect of which is that each party pays his own costs. I now
feel it due to Mr. Morris to state that I am, and that the plain-
tiff is, now convinced that that gentleman was actuated by no
vindictive or malious motives. The plaintiff, Mr. Otway, was
labouring under very considerable excitement when the action
was commenced, but he is now satisfied.
Sir WILLIAM FOLLETT-Gentlemen, as the case has not
been stated to you, I may state that Mr. Morris is the proprie-
tor of the Haymarket Theatre, and the plaintiff is a gentleman
who appeared there in the character of Hamlet, but failed.
Lord ABINOER-From illness, Sir William.
Sir W. FOLLETT-Certainly, from illness. I may now say,
that Mr. Morris does and did not mean to throw the slightest
imputation upon either the character or abilities of Mr. Otway.
The cause was so settled ; and the Court, which was crowded
with performers, was almost immediately cleared.
There being no other cause to go on with, the Court was
adjourned till Friday.

CENTRAL CRIMINAL COURT.

THIS DAY.

OLD COURT.
FORGERIES UPON THE AUSTRIAN AND POLISIIBANKS.

This morning a; soon as their Lordships had taken their
places on the bench, Mr. Justice WILLIAMS directed that
Robert Balls, Thomas Harris, and Mordecai Moses, alias
Warchaur, be put to the bar. It will be remembered that
the above named persons were tried at the last December
Sessions for having in their possession, and counterfeiting cer-
tain plates having upon them the impress of the notes of the
Austrian and Polish Banks, with intent to defraud these re-
spective Governments. At the trial, Counsel on behalf of
the prisoners made several objections to the indictment, and in
consequence judgment was deferred,. in ordere the
e
Fisints raised.' J ontire oufsttLe, judges as
,tioa validity
of
and, delivered
the opinion of their Lordships to the effect, that the indict-
ment was good in law, and the objections could not be sus-
tained. His Lordship went at some length into the reasons
which influenced the judges in their decision, and when he had
concluded, the prisoners were removed from the bar.
John Burton and Charles Deller were indicted for stealing
a lamb, the property of William Baker.—Guilty.