The Sun.
London, England, 1834-01-22 00:00:00

COMMON PLEAS.-(THIS DAY.)

(Sittings at Nisi Prins before Mr. Justice GASELEE and
a Middlesex Jury.)
FORRESTER V. LAPORTE.
This was an action brought by Mr. Forrester, late of the
Theatre Royal Covent-garden, against Mr. Laporte, the
late lessee, to recover the balance of an arrear of salary,
and compensation in damages for a breach of the terms of
an engagement.
Mr. Sergeant TALFoultn, with whom was Mr. THESSI-
GER, stated the case on behalf of the plaintiff, and Mr.
Sergeant HEATH appeared for the defendant.
Mr. Bartley, examined by Mr. Sergeant TALFOURD,
deposed, that he was stage manager at Covent-garden
theatre during the last three years of Mr. C. Kemble's
management, and that Mr. C. Kemble was succeeded in
1832 by Mr. Laporte, under whom the witness continued
stage manager. The note produced was in the hand-
writing of Mr. Laporte. The note was: addressed by
the defendant to the plaintiff, and was an invitation
to join the Covent-garden theatre. An interview was
had pursuant to this invitation, and it was ultimately
l.
that
fureths se thefpul
further
htnielt
rii f
fr third
played
year.plaoysee dd in
thatAt
h e letter
play
hl
ae
yt oanthd seasoni this effect,
arsceccoe
agreed between witness, as the agent of Mr. Laporte, and
the plaintiff, that the latter should he engaged for three years,
at a weekly salary of 6/. for the first, 8/. for the second'
tllO,
atth
engagement
gt.e,mleBn3t2, commencedwas
o admittednthaend letne
succeeding
the datedn
g
andTanhde witness
putof October,in as ey evidence.
first night, and continued during the season as any other
person. Witness is now stage-manager to Mr. Bunn, but
the defendant
is not engaged, and though witness had
been thirty-three years connected with the theatres, he
never till the present instance knew a case of a party suc-
ceeding another in the management ever questioning an
engagement of an actor previously engaged.
Cross-examined by Mr. Sergeant HEATH-31r. Bunn
has succeeded Mr. Laporte in the management. Mr.
Laporte lost 7,000/. during his management.
Mr. William Abbott, examined by Mr. THESSIGER—
Deposed, that for many (twenty) years he bad been a
member of the Covent-garden Company, but that his
engagement expired last year. The season of 1832 com-
menced on the Ist of October, and the house was opened
nightly till the 19th of November, about which time Mr.
Laporte called a meeting of the company, and stated that
in consequence of the ruinous state of the season it was
impossible to go on, and he therefore proposed that the
company should play only three nights a week until
Christmas, but that the performers should not lose by it,
as he would make np the number of nights at the
termination of the usual season. This arrangement was
ultimately agreed to by the performers, who were conse-
quently only paid half salaries till the pantomime came

our, and the theatre was then opened every night till the
18th April, 1833, when it was closed in consequence of
the prevalence of the influenza. Another meeting of the
performers was called by Mr. Laporte, and a proposition
made by him that instead of 54 nights they should only
be paid for 34 nights. A committee of performers was
appointed to consider the proposition. Witness was one
of the committee, who on deliberation declined the offer.
After this witness suggested to Mr. Laporte that as the
company were reduced to a most destitute condition, they
should go on their own resources to the Olympic Theatre.
Mr. Laporte made no objection, but seemed much asto-
nished at the proposition, but subsequently he granted

_ -
the performers the assistance of books, music, properties,
and dresses. It occurred to the company that their acting
at the Olympic would invalidate their engagements with
Mr. Laporte, and, at an interview, Mr. Meadows asked
him if, in the event of their going to the Olympic The"
tre, it would invalidate the engagements of those perforro•
ers who were under articles. Mr. Laporte replied, “Cer-
tainly rot, so f,r as I ani concerned." On a subsequent
occasion, Mr. Laporte suggested some alteration in the
bilk, announcing the first night of the performance
at the Olympic Theatre, which was kept open
in this arrangement until the 9th of June, the performers
sharing the receipts according to the salaries of each per-
former. Mr. Forrester acted during the whole time, and
is now engaged at the Victoria Theatre.
Cross-examined by Mr. Sergeant HEATH—The plaintiff
was paid like the rest of the performers, up to the close of
the theatre, by Mr. Laporte. The plaintiff is now paid
by the witness a salary of Si. Ios. per week.
Mr. Meadows examined by Mr. Sergeant TALrouun---
Witness has been engaged thirteen years at Covent-garden.
Theatre, and the season generally averages two hundred
nights.

Mr. Andrew Sutherland proved that the plaintiff pre.
sented himself at the opening of the present season, at
Covent-garden, as one of the company, but witness re-
fused him admission, by the orders of the present lessee,
Mr. Bunn.

It was admitted by Mr. Sergeant HEATH, on the part
of the defendant, that the plaintiff received 361. as his
share of the profits realised b 1 the performers at the
Olympic Theatre.
. _

•
Mr. Sergeant HEATH, for the defendant, addressed the
Jury, and admitted that the plaintiff was entitled to a ver-
dict, but expressed his regret that the amount had not
been settled out of Court. His clients had been anxious
to have referred the subject, and not thus to have been
dragged before the public.
Mr. Justice GASELEE summed up the case to the Jury,
The Jnry, after a short deliberation, returned a verdict
for the plaintiff—Damages, 1801.

SHIPPING INTELLIGENCE-(THIS DAY.)

FROM LLOYD'S.

DEAL, JAN, 9.l.—Wind S. W., fresh.—Arrived his Majesty"
steam-packet Ferret, from Calais, with mail and passengers.
Put back the, Belle Alliance, Duke of Roxburgh, for Phila-
delphia and rest of the o .tward-bound, and remain apparently
all well.

PLYMOUTH, JAN. 20.—Wind S.W.
PORTSMOUTH, Ja N. '2l —Wind S.W. to W., squally.
FALMOUTH, JAN. 20.—Wind W.S.W., strong breezes and
squally.—Jan. 19—Sailed the Chase, Shotten, for Bordeaux-
-Jan. '2o—Sailed his Majesty's steamer Confiance for Oporto
and Lisbon; Lyra packet for the Brazils; Stanmer packet for
St. Domingo, Jamaica, Mexico, and Havannah ; Lord Mel-
ville packet for Halifax ; Spey packet for the Leeward Islands;
his Majesty's ship Seaflower for Oporto and Lisbon; City of
Limerick steamer for Dublin; and about 20 sail bound to Ire-
land, &c. The whole of which have put back, together with
his Majesty's ship Seaflower, for Oporto and Lisbon.
STANGATE CREEK, JAN. 421.—Arrived the Margaret, Boak,
and Salmon, trom Mogadore ; and Arethusa, Simms, from
Tarragona.

MARGATE, JAN. 2.l.—Arrived the Merchant, Harris, from
Charente.

RAMSGATE, JAN. 21.—Arrived the Magnet, Mackie, from St
Petersburgh.

COWES, JAN. 21.—Arrived the Commerce, Perkins, front
Baltimore.

BRISTOL, JAW. 21.—Arrived the Satisfaction, Foster, front
St. Andrew's.

LIB ERPOOL, JAN. 20.—Arrived the Constitution, Wilson,
and Hibernia, Wilson, from New York; Apollo, Ford, froul
Leghorn ; St. Harlampq, Kreuzer, from St. Petersburgh ; and
Mars, Frankland, from Riga.
DUBLIN, JAN. 20.—Arrived the Mary, Fleck, from St. Au.
drew's, New Brunswick.
WIIITEBOOTH ROADS, JAN. 20.—Arrived the Simeon, Round-
ing, from Riga.

The Delaware, M'Michael, from Liverpool to Philadelphia
is in Delaware.

The Gustave, Drouet, from Havre to Martinique, was
wrecked on the Isle Pelee the 14th instant—crew saved.

The Stair Stewart, Stevenson, from Limerick to Liverpool►
is supposed to be lost off the coast of Cumberland.
The Eden, from Jamaica, is supposed to be in the Downs.
The Watt, Dobbins, from Liverpool to Africa, put into
Cork, with damage.
The Matilda, Moore, from Cardiff to Constantinople, put
into Cork, leaky.
The Earl of Liverpool, Bailey, bound to Nevis, is put back
to Bristol, with damage.

THE MARKETS.-(THIS DAY.)

CORN EXCHANGE.

The arrivals of all kinds of Grain this week are short, but the
return of Flour is fair. The Wheat trade was very dull this
morning, and, in consequence of the very wet weather, but fCW
buyers were at market, and the prices of all kinds of Grai■ re-
main precisely the same as reported on Monday.