The Sun.
London, England, 1861-05-09 00:00:00

DANCE V. BRAHAM.

In this case, adjourned from the 26th ult., and
which came on yesterday, an action was brought in
the Westminster County Court, by the plaintiff,
Chief Clerk of the Insolvent Debtors' Court, and a
Member of the Pramatic Authors' Society, against
defendant, Mr. Ward Braham, son of the late
eminent vocalist, and an officer in the Royal Berks
Militia, resident at Bolton row, Piccadilly, to
recover the sum of 405., a penalty he had incurred
by taking a character in a piece called " The Won-
derful Woman," played at the Theatre Royal, Ryde,
Isle of Wight, on the 12th of October last, without
permission of the author or the society.
The case was adjourned in consequence of its
being stated by defendant's legal adviser that the
society's authority for the performance of the drama
could be produced.

Mr. G. Lewis, solicitor, Ely-place, now, as pre-
viously, attended to press the case, and Mr. John
M'Millin, of Danes Inn, Strand, to resist, the court
as before being thronged with authors and theatri-
cals.
The first witness called was Mr. Joseph Stirling
Coyne, secretary to the Dramatic Authors' Society,
who denied ever having given any authority for the
piece in question to be performed on the night and
at the theatre named. He knew a Mr. Brown as
having been lessee of the Ryde Theatre, but the
permission of the society to him to play pieces had
some months before expired.
By Mr. M'Millin—The receipt produced as that
of the payment of the society's fee for the playing
of " The Wonderful Woman" on the 12th of October
last is not mine, nor is it in the handwriting of the
author. The only book I have brought is my last
year's receipt book.
Mr. Lewis—From which your Honour will see,
and no doubt be satisfied, that, from its being similar
to a banker's book, the witness cannot be wrong as
to dates and money received.
Mr. then I contend that under
the 3d and 4tb Wm. IV., cap. 15, what has taken
place in the Isle of Wight, a judge in the county
court of Middlesex has no jurisdiction.
Judge—l overrule that objection, being by a
more recent act of Parliament empowered to adju-
dicate.
Mr. M,Millin—Be it so. Now, Mr. Coyne, have
you ever sued an actor before ? Mr. Coyne—Yes,
repeatedly. Amateurs.
The defendent being then examined, stated, that
in the month of October last, at the written re-
quest of Captain Roebuck, a friend, he consented to
" the
Theatre Royal,
Wonder-
fultake t
Woman,"he character oef in the
Ryde, for a
charitable purpose. On seeing the captain, he
suggested to him the necessity of getting the
society's permission, which the latter assured him
should be done, and he was subsequently shown
the receipt produced for the fee paid, which was
dated October 14th. He believed Mr. Brown was
the lessee at the time, but, at any rate, he was
nearly always an " amateur actor."
By Mr. Lewis—Had been before threatened by
the Dramatic Society with proceedings for per-
forming without their authority, and had settled
with them.

Mr. Le
WiB—l submit that the act saying, " any
lessee or manager of a theatre, or any other person
taking part in the representation of a play, with-
out permission of the Dramatic Society, is liable to
a penalty," in fact to the whole amount that such
ply produces.
Judge—Then suppose one certain play is only
performed which realises £5O in money paid by
the audience, do you mean to say that et oh
actor is liable for that amount if the society can-
not hold with you ? Mr. Lewis—l maintain that
544 would be th© ease; and as this is A ease of

vast importance to the theatrical world generally,
I hope you will defer your decision, to give your
Honour and myself an opportunity to look over
some cases bearing on the present facts reported
in the law journals.
Judge—l acquiesce in your request, for I should
not decide without reflection upon an important
matter.

The cause was then further adjourned for a fort-
night. Question of costs reserved.