The Sun.
London, England, 1832-02-07 00:00:00

THE FUNDS.

The estafette from Paris has arrived, by which it appears that
Paris remained tranquil, but more arrests have taken place.
We have a great dearth of intelligence this morning, in conse-
quence of which our Funds are in a stagnant state.
Consols, which left otryesterday at Ni for the Account,
opened at the same price, and at present not a bargain doing.
HALF-PAST ONE.
A complete stagnation still prevails in the Funds, and Consols
have been during the whole of the morning at 82%
for the
account. We should not be surprised but in a few days we shall
hear that the King of Holland has signed the treaty, with some
modifications in regard to the internal navigations of the rivers,
as we hear it is in a fair train of setrlement.
The Foreign Market continues without the least interest.

THREE O'CLOCK

Consols, £42i 1.

We understand that it is determined to sur-
charge the occupants of dwelling-houses having incloed
porches at the entrance of their premises, with glass at the
sides and front, with the tax on three additional windows ;
or if only Baas in front, with the tax on one window.
Mr. A—, formerly a Member of tile Consti-
tuent Assembly, just died at Avignon. He ascende I
the tribune but once. " Gentlemen," said he " roan is
an animal - ;" awed by the imposing aspect of the
Assembly, be stopped short. A Member exclaimed, " I
move that the speech be printed, with the portrait of the
orator prefixed."

COURT OP KING'S BENCH.--(THIS DAY.)

ZERBINI v. VESTRIS.

The Court wry crowded with members of the theatrical pro.
fession, anxious to hear this cause,

Messrs. WILLIAMS, POLLOCK, and ARCHIBALD ap.
peared for the plaintiff, and Messrs. GURNEY and HUTCH-
INSON for the defendant.

The Learned Counsel, in stating the plaintiff's case, said it
was an action brought by the plaintiff to recover of the de.
fendant, Eliza Lucy Vestris, the sum of 204 Is. being the ba-
lance of his salary as leader of the band at the Olympic theatre.
The plaintiff was engaged on the 3d of January, 1831, as leader,
at a salary of three guineas per week, for the season, and con-
tinued until the sth of February, when, without any previous
notice, and without having given any offence to the lady, he
was forcibly expelled by a police-officer. He therefore now
sought to recover his salary from that period to the close of the .
season.

Mr. S. G. Fairbrother, printer to the Olympic theatre, pro.
duced a bill of the performances for the 7th of February, 1831,
in which the plaintiff's name appeared as leader.
Cross-examined—While working off the bills he received or.
ders to substitute the name of Mr. Aldridge, as leader, in lieu
of that of the plaintiff.

Mr. John Scott, the proprietor of the Olympic theatre,proved
that the defendant was his tenant at the period alluded to.
Cross-examined—Had himself employed the defendant as
leader of the band, but it was always his custom to have written
articles.

Mr. WILLIAMS—Is this theatre a good speculation ? Mr.
Scott—l think it is.

Mr. Zinck, a performer in the orchestra of the Olympic
theatre, stated that it was not usual to engage a leader of the
band for less than a season ; the plaintiff was appointed leader -
on the 2cl January, heard no complaint of his performance
until he was dismissed. The plaintiff's charge of three
guineas per week was a reasonable charge. Was present on
the 31st January, when Mr. Warbrick, the treasurer, gave the
plaintiff notice to quit; there was no written notice—that was
Monday, January 31st, and the last time he played was the
following Saturday, when he was ejected by a police officer;
there was a " call" on that day, and the plaintiff attended the
rehearsal; he was told that the rehearsal was not called for him
but for another leader, Mr. Aldridge of Liverpool. He said he
was engaged to do his duty until the end of the season.
Mr. Vining, the stage manager was present. When Mr.
Warbrick came he told the plaintiff that if he did not
quit the orchestra in five minutes he would get an officer to
turn him out. An officer was sent for to turn the plaintiff
out; the plaintiff asked by whose authority he was to be turned
out, and the answer was by Madame Vestris's.

Mr. WILLIAMS—What reason was assigned for dismissing
him ? Witness—That he did not exactly suit Madame Yes-
tris.—(Laughter.)

Mr. WILLIAMS—No Why how old is he ?—(Loud laugh-
ter.) Witness—About 24 years old.
Mr. Willoughby Monzani, flute player at the Olympic theatre,
stated that the plaintiff began to lead the band on the 2d Jan.,
1831, when the theatre opened, and he continued so until the
sth Feb. During that time he attended regularly to his
duty, and was there every night of the performance. He
was a man of first rate ability, as leader of a band. On
the 7th February, the plaintiff attended as usual, and he
was turned out of the orchestra in the way described by the pre-
ceding witness. Leaders of the band were usually engaged by
the season, but sometimes for several seasons. On the 12th
February the plaintiff went to the theatre and applied for ad-
mission at the stage-door, but was refused. Witness under-
stood he went there for his salary.
Cross-examined—Was not now at the Olympic.

Mr. Thomas Hughes, leader of the band at the Coburg, stated
that he had been sixteen or seventeen years leader of a band ;
leaders were never engaged for less than a season, and sometimes
for three or four seasons.

Mr. John Hutchinson, superintendant of the orchestra at
Drury-lane, stated that leaders of the band were never engaged
for less than the season, witness had had twelve years' expe.
rience at Drury-lane theatre.
Cross-examined—Was a player on the clarionet. Had never
been leader of a band, or been present when any leader had made
an engagement.

Re-examined—Never knew an instance of a leader being
changed during a season. Had often been employed by leaders
to engage musicians, and he had always engaged them for one
entire season.

Mr. GURNEY submitted that no engagement had been
proved beyond a weekly one, and that therefore the plaintiff had
not made out a case for the Jury.

Messrs. WILLIAMS and POLLOCK contended that they
had proved such a usage as led to a prima facie inference of an
engagement for the season.

His LORDSHIP was unwilling to nonsuit the plaintiff,
because he thought there was something for the consideration of
the Jury.
Mr. GURNEY then addressed the Jury, and submitted to
them that there was no proof of an engagement for any specific
time. Madame Vestris only opened the theatre upon specula..
tion, and to see how far she would be supported by public
favour, and it was not likely, therefore, that she should make
any engagement for a specific period. Besides he, Mr. Gurney,
would shew repeated neglects of duty, and therefore, even if
there were any fixed engagement she was perfectly justified in
concluding it.
Mr. George Warbrick, treasurer of the Olympic, stated that
from the time of the plaintiff's being engaged he paid him a
salary of three guineas a week until the sth of February, which
was his last week. He was very inattentive to his duty, and
several times remonstrances were made to him; he was several
times absent when it was his duty to attend the theatre, which
occasioned very serious inconvenience. In consequence of such
neglect of duty, witness on Saturday, January 29, gave him
a week's notice to quit. He objected to the notice, and asked
why he was to be dismissed. Witness told him it was for inat-
tention to his duty. He did not object to witness's right to
give him notice. Witness referred him to Madame Vestris, if
he had any thing further to say, as his authority was to dis.
miss him.

Cross-examined--The band was composed of from seventeen
to twenty persons. The plaintiff had the hiring and the paying
of them. Never heard Madame Vestris say how long the sea-
son would last, for it was quite a speculation how long it would
last. Madame Vestris authorised Zerbini to hire the band.
Mr. Aldridge succeeded the plaintiff. Witness knew of
no fine for non-attendance. The plaintiff was a toler-
able performer. The season lasted until the nth of March,
and it was a very good season. Mr. Aldridge continued leader
until the close of that season, and he was succeeded by Mr.
Wagstaff, who has been leader all this season ; Mr. Wagstaff
was engaged for the season, and paid three guineas weekly.
Mr. W. Vining, stage manager at the Olympic, deposed to
several times when the plaintiff was absent when he ought to
have been present at the rehearsals. In consequence of his
neglect at the rehearsal of The Grenadier, the music was
all disjointed on the first night of its performance (Jan. 24).
Madame Vestris then desired witness to call a rehearsal of the
full band for the following day. He did so. The remainder of
the band attended at the appointed time, but they had to wait
full two hours for the plaintiff:

Cross-examined—Had no recollection that the music was
suddenly ordered to be played a note lower, or that any parti-
cular song was introduced. It was not considered a leader's
duty to attend every rehearsal. It was the repetiteur, or se..
cond leader, who generally prepared and marked the books for
the leader, anti who was always obliged to attend. On the
rehearsal of The Grenadier, the repeiiieur attended, but Madame
Vestris objected to his leading the band upon that occasion.
Mr. Thomas Weston, prompter of the Olympic, gave similar
evidence.

Mr. Alfred Bunn, manager of Drury-lane theatre, stated
that the custom at theatres was, in the Case of a leader of the
band not being under articles, to discharge him at pleasure.
lie had discharged his leader in the course of a season, and a
leader had withdrawn himself in the course of a season. When
a leader was engaged for one or more seasons, it was always
by articles.

Mr. F. H. Yates, of the Adelphi theatre, stated that the Obi_
torn was as stated by the preceding witness; if no written ar-
ticles be entered into, it was at the option of either party to
conclude the engagement at any time.
Cross-examined—The custom had been adopted by him as
manager; and it prevailed while he was only an actor, and not
a manager.

Mr. WILLIAMS replied, and observed that he would not
ftroo mi n
dt.hcee etvhie-
quarrel with Mr. Yates, for reason* which the Jury would, no
engagement for a
doubt, readily understand.—(Loud laughter, arising from the.
Learned Gentleman's fear of Mr. Yates's powers of Mu-
on w
snuc sufficient,
impliedmatters,
season. As to the chargo of neglect of duty, that was only
deucetjautri I'yn t. oo) f personsi,lf infer
r contendedt h long conversant
teorihei vee,,hr
asasadn
an
shown
made in a general way, and but one instance was related ; but
it was proved that a leader was not expected to be present at
every rehearsal. The fickleness or capriciousness of Madame
Vestris was very evident, from the frequent changes which she
made in her leaders. The Learned Counsel trusted, however,
that the Jury would find a verdict for the plaintiff.
Mr. Justice LITTLEDALE summed up, recapitulating the
evidence at great length, and
The Jury returned a verdict for the plaintiff: Damages W/. Is.

COURT OF EXCHEQUER.-(THIS DAY.)

The ease of Chambers e. Bernascoui and others still occupies
the attention of the Court. The evidence was concluded last
night at ten o'clock (having occupied exactly twelve hours),'
when the case was adjourned till nine o'clock this morning for
the comments of Sir James Scarlett, and the reply of Mr. Camp-
bell. The latter was still addressing the Jury for the plaintiff'
at two o'clock.

BIRTHS.
On the 2d inst. Mrs. W. J. Brown, of Great Winchester.
street, of a son.
On the 2d inst. at Painswick.lsouse, Gloucestershire, the lady
of W. H. Hyett, Esq. of a daughter.
On the 29th ult. at Rotterdam, the lady of J. Macpherson,
Esq., of a daughter.

Rile W.
V :Elwyn,
Stewart,
Esq.,
_
DIED.
On the 4th inst. at the Vicarage-house, St. Lawrence,
rears.
On Raornasgtahtee
3d,
inst. Fanny, a
thet
wife
gCedoll 6e3aor of the Customs
at Bermuda.j yy.ne' aged 3
o Esq., and the
ev.
Rotterdam,f
in
fourth daughter of A. Eliza, the
wife of J. Macpherson,Ferrier,
Esq., his Britannic Majesty's Consul there.
On the sth inst. in Great Queen-street, Robert How, Esq., of
Lampton, Middlesex, aged 67.
O
ipcall.sntcrieicta,ada
formerlynthe 3tP( inst.
President of K
ot:theie Council

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