The Sun.
London, England, 1859-05-10 00:00:00

LAW INTELLIGENCE.-(THIS DAY.)

ROLLS COURT.
(Before the Master of the Rolls.)
JUDGMENT-BISHOP V. CLARKE.

His Honour stated the circumstances under which this
case came before him, and upon the affidavits produced in
the cause, and upon the examination of the witnesses in
court, came to the cencluflion that sufficient evidence was
produced to prove that the mortgage security in question,
which was granted over a fourth part of a sum of Consols
to which he became entitled, was granted for a valuable
consideration, that the money for whioh the mortgage was
granted was paid by defendant to plaintiff, and that the
defendant was entitled to hold his mortgage security for
the amount. Judgment for defendant, with costs of origi-
nal and supplemental motions. The taxing master not to
allow double costs of briefs. The mortgagee to have his
costs.

VICE-CHANCELLORS' COURT.
(Before Sir P. Wood.)
GYE V. GRAZIANI AND SM/TR.—THE RIVAL ITALIAN

OPERAS.

Mr. Rolt this morning, in accordance with the arrange-
ment entered into by both parties at the time the case Was
first before the court, on behalf of Mr. Gye of the Royal
Italian Opera, Covent-garden, plaintiff, for an injunction to
restrain the defendant Francisco Graziani from violating or
committing any breach of his agreement with the plaintiff,
and that he (Graziani) might be prevented from singing
at any theatre or concert in Great Britain out of the
Royal Italian Opera, Covent-garden, and that he •in
particular might be restrained from singing at the Theatre-
Royal, Drury-lane. The learned gentleman, opening
his case, having cited the agreement entered into between
Mr. Gye and Signor Graziani, stated his present applica-
tion was a motion to restrain Signor Graziani from ap-
pearing at the Theatre-Royal, Drury-lane, of which Mr.
Smith was leases. From the agreement, it appeared that
Signor Graziani had entered into an agreement with Mr.
Gye from the 26th of April, 1859, to the 31st July, 1859,
but Graziani was to commence on the 2d of April if Mr.
Gye wished, and notice was accordingly given to him
(Graziani) to that effect before the doze of January.
The salary the Signor . was to receive was £320
a month, and he was to sing at all operas and concerts for
Mr. Gye, but no where else without the written permission
of Mr. Gye, except at private or gratis concerts. What
line of defence could be set up to the resistance of the
motion he could not for a moment imagine, especially as a
similar agreement between Mr. Gye and Signor Graziani
had been acted upon in previous years. But it appeared
that about the same time that these negotiations were going
on Signor Graziani entered into a contract with Mr. Smith,
of Drury-lane Theatre, and perhaps a key to his conduct
might be found in • the fact that Mr. Smith had offered
him £420 a month instead of £320. The pre-
tence set up by , Graziani was that at the close of
1858 Mr. Gye owed him two weeks' salary, and this was his
justification for entering upon an engagement .with Mr.
Smith, although meanwhile he had been hi communication
with Mr. Gye as to the manner in which the said engagement
was to be carried out. It clearly appeared that for some
time Graziani had wavered as to the course he should
adopt, and it would seem that Mr. Smith had
given him an indemnity against any proceeding
that might be taken against him, and the ' engage-
ment with Gye was repudiated. The indemnity was
carefully withheld from the plaintiff, and he contended
that until that indemnity was produced that the injunction
must go. The learned counsel then observed that the fore-
going facts upon which he relied and proceeded to examine
with great minuteness and at considerable length the
dates connected with the whole transaction, and read a
number of documents which set forth that Signor Graziani
frequently wrote to Mr. Gye and Mr. Harris for payment
of £l6O, and in one 'of his letters he (Graziani)
stated that unless the money was paid immediately
he should not hold himself engaged, and warning Mr. Gye
'• not to depend upon him for the forthcoming season,"
This point was the 'whole upon which.the case turned, and
upon which it was sought to justify the engage-
ment entered into with Mr. Smith. The screw had
been attempted to be put on Mr. Gye, as he had
asked Graziani to be kind enough to allow the payment.
of the £l6O to stand' over until the commencement of the
next season, but theise was no stipulation between the parties
that Graziani's engaged at the Royal Italian Opera, Covent
Garden, was to be conditional upon the payment of this
£l6O at any specified time. The money was paid, however
before the commencement of the Covent Garden season.
After Graziani had discovered the position into which he
had placed himself by the. contracts he had been induced to
sign by Harris, he (Graziani) met that gentleman in a cafe
in Paris, and there, • after publicly calling him all sorts of
names, challenged him to fight a duel, but Harris declined
the invitation—(laughter)—and contented himself by merely
reminding Graziani that lie had signed the engagement.
The learned gentleman said ho was entitled by law to the
injunction, and concluded by reading the examination of
Signor Graziani before the Master, which set
forth that his signature to the engagement with
Mr. Gye had been obteined through misreprbientation
by his agent—that he afterwards considered, as the money
owing to him by Gye had not been paid in September, as
stipulated, the agreement void, and that he was at perfect
liberty to enter into any. new engagement that might be
offered. Such being his impression, he signed the engage-
ment to Mr. Smith to sing at Drury-lane . Theatre
for the season 1859, upon• receiving an indemnity for the
payment of any expenses' that might arise in the event of
Mr. Gye, of Covent Garden Theatre. commencing any pro-
ceedings at law against him for an illegal bretich of en-
gagement. . •
The case will not be concluded to-day.

POLICE INTELLIGENCE.--(THIS. DAY.)

GUILDHALL.

" NON MI RECORDI ". WITH A VENGEANCE.—James
Gray, a thickset man, dressed like a drover, was charged
before Alderman Mechi with breaking a glass in the George
public-house, keptby Mr'. Deardney.
The prosecutor said that the prisoner did not appear to
have been drinking ; but the prisoner declared that he
did not remember b.ing in the house at all. (Laughter.)
The Alderman discharged him with a caution to be more
careful of himself for the future, and the prisoner left•the
dock tendering thO Value'of the glass to Mr. Deardney.

MORE EMBEZZLEMENT.—SAD CASE.-Charles, John Le
Marchant, a very respectable-looking young man, aged 26,
was charged with embezzling various sums of money, the
property of his employers,' who are tallymen.
Mr. Perry, from Mr. Buchanan's, appeared for the
defendant.

It appeared that the sums alleged to have been taken by
the prisoner were very small, only a few shillings.
The prosecutor, Mr. Park, said the prisoner had beet' in
his employment for 12 months. He produced a statement
showing that prisoner had received 6s. from a Mrs. Toro-
good.