The Sun.
London, England, 1859-02-01 00:00:00

he was instructed, the plaintiff was discharged by
Mr. Holder for similar reasons to those which ac-
tuated the defendant.

Mr. Myers was then called, and stated that he
saw the plaintiff on the Sunday after Christmas-
day, when he asked what he should do on the Mon-
day, to which he (defendant) replied that he should
like him to do as much as he could. Moffatt said
his sons would perform on the pole, that one of
them would ride a trick act, and he himself would
"go in" as clown, with his mule, which three
things would make a " hit." On the first night
he had to complain of the dresses that Moffatt and
his sons wore, and told them he must have them
altered, as none of the members of his establish-
ment were in the habit of wearing such dresses ;
but they were not changed on the following even-
ing. The son, who was to ride trick acts, never
turned a summersault on the horse, as he (the de-
fendant) understood he was to do, and which was
one of the principal things he engaged him for.
Moffatt told him that his mule could not be ridden
by anybody, and repeatedly persisted in the asser
tion. The first night Moffatt appeared he wa
hissed, and he (Mr. Myers) was so disgusted tha
he went out to the front of the circus and would
see no-more. If he had not had the bills out for
the week he should not have allowed a repetition of
his performances, nor those of his family. None
of them in his opinion possessed " a spark of
talent." As regarded the mule, he (defendant)
suggested to the plaintiff that he ought to offer a
prize to any one who could ride him, and the plain-
tiff replied, " You can offer what you like, for I am
sure nobody can ride him." On the night when
the butcher came forward there was general hissing,
because he and Moffatt interfered, and the butcher
having been thrown three times, caught firmly hold
of the reins, and held on three times round the
ring. He (Mr.i Myers) observed Moffatt push the
butcher off once by a professional trick, and then
left the ring. He wc.•:, Aliged to continue the
nightly, because he was ddverti6ed, or "else ho
la old a disturbance in the circus.
-..Aarnination, Mr. Myers said that in
the folloWing week the lines respecting
.1, and his mule, and family, were withdrawn;
but by some oversight on the part of the newspapers
they were advertised during the next week, though
he had the error corrected as soon as he discovered it.
M. Auriol, a circus clown, afterwards deposed to
the mule having been ridden two or three times to
his knowledge, and once by himself; and subse-
quently
Mr. Holder was called. He said he had occasion
to complain of the tight rope dancing of plaintiff's
son and daughter ; and that the pole performance
did not give him satisfaction. The performances
of the plaintiff and his mule, however, were well
received, and they were both called before the
curtain each night. (Laughter.) He only engaged
the troupe for a week.
Mr. Hawkes having ably replied,
His Honour laid the law and facts of the case
lucidly before the jury.
After a short consultation,
The jury found a verdict for the plaintiff.
Damages £l4. Costs were allowed, and payment
was ordered in seven days.

COUNTRY MAR KBTB.

COLCHESTER-JAN. 29.

The damp state of the weather during the week had af-
fected many of the wheat samples at this exchange to-day,
and as regards these a reduction of 6d to is per qr. was
noted. Good samples, however, maintained late rates; the
supply was fair. A good show of barley at previous rates.
Beans is dearer. In oats and peas little passing.
Wheat, white 468 to 50s Beans, Maze,.lin.. 22s to 34s
red 36s to 44s Middle & Lail 33s to 403
Barley' 30s to 42s White peas 40s to 42s
Oats 22s to 30s Grey.. 40s to 42s