The Sun.
London, England, 1857-04-20 00:00:00

RUSSIAN RAILWAYS.

Messrs. Bariug, Brothers, and Co. hive issued
their Russian Railway prospectus, and their name
is the only English one comprised in the board of
direction. The sum they ask from London capital-
ists out of the 12,000,0001. first to be raised is
2,000,000/., instead of between 3,000,000/. and.
4,000,0001., as originally contemplated. The sum
in Paris having likewise been reduced, it is to be
presumed an estimate more accurate than that
originally entertained has been formed of its pro-
bable reception. The statements now put forth
fail to modify any of the features already com-
mented upon. The guarantee, after allowing for
sinking fund, is to be only 4 11-12ths per cent, the
working expenses, in the face of universal experi-
ence, are put as low as 45 per cent., and the diffi-
culty as to crossing the marshes with which the
country abounds is simply disposed of by the state-
ment that they " will be avoided by a proper selec-
tion of the route." The number of miles to be con-
structed are 2,535, at a cost of 16,511/. per mile, or
about 43,000,000/4 and the whole must be made
within 10 years. It is not stated in what quarter
the extra proportion first intended for London and
Paris is now to be allotted. The Prussian public,
who are best qualified to form an opinion of the
pr: spects of the enterprise, both commercial and
political, are understood to be disposed to limit
themselves to the modest amount of 200,0001., or
less, although the proposed extension of the Warsaw
line to their own frontier and the intimate business
connexions of their bankers and others with St.
Petersburg might be supposed to operate in its fa-
vour. Upon the Court of St. Petersburg and its
agents the duty of making up the deficiency from
the failure on this side will therefore apparently
fall, and the advices for the next few months will
perhaps describe the eagerness with which the mer-
chants of that capital, who usually. never put out
their money at a less interest than 10 to 12 per
cent., are seeking to be allowed to contribute.
With regard to the prospect of the 2,000,0001. being
taken in London it must be inferred that Messrs.
Baring, before they issued the prospectus for that
reduced amount, were able to calculate that it
could be made up by their own subscription and
that of personal friends who would feel it incum-
bent on them to afford assistance. The first pay-
ment is to be 6/. per share, and the period for ap-
plications is from the 28th of 'April to the sth of
May. The contractors stipulate for 6 per cent. of
all profits 'beyond- the guaranteed dividend and I
sinking fund.

LAW INTELLIGRACu'.- 4pril 18.

.--

VICE-CHANCELLORS' COURTS.
(Before Vice-C'uancellor Wood.)
INJUNCTION AGAINST MR. DILLOTI'S ACTING—
WEBSTER V. DILLON.
The plaintiff in this case was Mr. George Alfred
Webster, the present lessee of Sadler/ Wells
Theatre, and the defendant was Mr. Chas. Dillon,
the well-known actor. The application was on
behalf of Mr. Webster, for an injunction to restrain
Mr. Dillon from violating an agreement entered
into between the plaintiff and defendant, and from
acting at Drury-lane Theatre, or at any other
place, without the sanction or permission in writ-
ing of the plaintiff during the twelve nights com-
mencing Monday next, the 20th inst. The agree-
ment upon which the present motion was founded
was contained in a letter addressed by the de-
fendant to the plaintiff, which was in the following
words :—" My dear Sir—l agree to play for you
at the Sadlers' Wells Theatre, for twelve consecu-
tive nights, commencing on the 20th of April,
that provided I provide Mr. Barret to play the
old. men in the pieces, you will allow me a clear
half of the gross receipts, after you have deducted
20/. per night. . Provided also that I play among
my pieces the characters of William Tell, Rolla,
and Ingomar." The plaintiff, in his affidavit
in support of the motion, stated that in pursuance
of the above agreement, he had made the necessary
arrangement and preparations for the performance
of Mr. Charles Dillon at the Sadlers' Wells Theatre
for twelve nights, and that he had gone to consider-
able expense towards producing the several pieces
named in the agreement. That on the 15th of
April the plaintiff received a letter written by Mr.
Dillon's direction, in which it was stated that he
(Mr. Dillon) would only act in the play of " Vir-
ginias" at Sadlers' Wells Theatre, on the 20th of
April, and that he should decline to act in any
other play on that evening. Tbat this was a five-
act play, and that the defendant well knew the
plaintiff could not perform such a play at Sadlers'
Wells Theatre, since he was precluded by his agree-
ment with the lessee from performing five-act plays.
That the defendant threatened to perform at Drury-
lane Theatre on Monday next, and in consequence
of these circumstances he was compelled to apply
for this injunction.
Mr. Swanaton, who appeared for the plaintiff,
cited Lumley v. Wagner as an authority in favour
of the application.
The Vice-Chancellor granted the injunction to
restrain the defendant from playing at any other
place than Sadlers' Wells Theatre during the ordi-
nary hours of performance at that theatre for
twelve consecutive nights, commencing on the
20th April, the plaintiff undertaking to abide by
such damages as the court should direct.
(Sittings at Nisi Prins, at Westminster, before Mr.
Baron Watson and Common Juries.)
RANSOM V. BASVILLE—REVELATIONS OF THB PRINCE
OF WALES CLUB.
This action was brought by the plaintiff to re-
cover 501., as money lent by him to the defen-
dant, who pleaded never indebted, and that the
money was lent for the purpose of gaming.
Mr. E. James and Mr. Mills appeared for the
plaintiff, and Mr. Sergeant Ballantine and Mr. J.
Simon were counsel for the defendant.
The learned counsel, in opening the case, said
the defendant had- pleaded that the money was
lent for the purpose of playing a game—and then
there was a blank, but he believed it would turn
out that the money was not lent to play any
game at all. The defendant, in 1852, was a glitter-
ing star in the fashion, and the plaintiff was largely
engaged on the turf, and in betting tra.usactions,
and he-had lent the defendant the sum sought to
be recovered at his request, and he gave the
plaintiff an T 0 U'of a Mr. Pitcher for that loan ;
but it turned out that there was a balance due
from the defendant to Mr. Pitcher which would
much more than cover the I 0 U. The defendant
had left his creditors when a very large defaulter
on the turf, and had gone to reside in Paris, and
was not found out till a short time ago, when

the present action was commenced against him.
If the defendant's case, as set up, was true, viz.,
that the 501. was not money lent, of course the
defendant would come forward and support it.
The plaintiff was called and said—l was ac-
quainted with the defendant in 1852, and had
known him for 10 or 12 years. I remember the
York August Races Meeting very well indeed ;
and I was at the Prince of Wales Club-house, in St.
James-street, in the course of that week. One
night I was in the refreshment room of that club,
and the defendant came in after me and said,
"Well, old fellow, lam cleaned out." I hid bein
' playing up stairs, and he said he had asked the
people up stairs to lend him 301., and they had
fused, and he said " Would you .lend me 30/. till
Monday ?" He also said he *anted it for a parti-
cular purpose, but for what he did not say. I then
gave him three 101. notes. Monday was the set-
tling day for the York meeting, and this occurred
on the Friday previous. The settling was at Tat-
tersall's, where he promised to meet me on the
Monday. Ho afterwards said he wanted 201.
more, which I gave him, and he gave me an I 0 U,
accepted by a Mr. Pitcher, for 1001:, and he said
he would pay me on the Monday. I did not see
him on the Monday, nor could I find him out, but
'my attorney did ; so, on the Monday I saw Mr.
Pitcher at Tattersalls', and he said the defendant
ought to be ashamed of himself, as be owed him a
larger sum than the amount of the I 0 U.
Cross-examined—l do not know that Pitcher is a
gambler. > The defendant was not drunk when I
lent him the money. The Prince of Wales Club is
a gambling-house, but I never met Pitcher there.
I have been to the club once or twice. I cannot
tell who kept it. I mean to swear I don't know
who kept it. There were a great many people
playing there, but I did not know them. I don't
know that they play on the Sunday, as I have
never been on a Sunday. I was playing " hazard"
there with my own money.
Mr. Sergeant Ballantine—Do you know what a
" bonnet" is ? Don't be delicate. I don't mean a
lady's bonnet. (A laugh.)
Mr. James—Nobody knows what a lady's bonnet
is now ; it is impossible to desctibe it. (Continual
laughter.)
Witness—A " bonnet" is a fictitious player. I
had 2001. or 300/. in my pocket when I lent the
plaintiff the money.' I had been playing that night,
and had been very successful.. I was playing at
the same table with the defendant, and he told me
that he had nothing to lose. I did •not see the de-
fendant playing. I heard him say that, he bad
just come from York. When he said he was
cleaned out," I presume he meant that he had
been cleaned out at York. I won the whole 50/.
at the table which I lent him. I began to play
with about 1201. or 130/., perhaps more. I was
living at that time where I am now—namely, at
Church-street, Chelsea. I have no other means of
living than by gambling. I bet on horse races. I
have lived 15 or 20 years as a gambler. I have no
business. lam 43 years of age. I always con-
trived to live by gambling, I was an engraver.
Re-examined—The defendant and I met a good deal
at races. It is a common occurrence to lend money
as I lent this 50/. I had nothing at all to do with
the Prince of Wales Club-house, merely going as
any other gentleman might who went to the house;
The defendant was in the habit of playing a good
deal. I met him at nearly every race that I
went to.
The plaintiff's attorney was then called, but his
evidence was not of any importance.
It being intimated that no witnesses would be
called for the defendant,
Mr. James summed up the plaintiff's evidence,
mid contended that his client was entitled to a ver-.
diet. The question was not what his character was,
but whether his statement was true, or not • and
on the other side no witnesses had been called to
contradict it. •
Mr. Sergeant Ballantine then addressed the jury
for the defendant, and submitted that the
plain-
tiff's evidence could not be relied on, and he here-
fora asked them for a verdict for his client. It had •
been said, Why was not the defendant called ?
The reason was because he did not want all his past
life raked up for the amusement of the Court and
public. There could be.no doubt that the money
was lent for gaming, and probably found its way
back into the plaintiff's pocket and the pockets of
those who kept the house. He concluded by ask-
inc, the jury for a verdict for his client.
Mr. Baron Watson summed up. He thought it
was much to the disgrace and dishonour of the de-
fendant's famiiy that he should have instructed his
counsel to impute perjury and cheating to the
plaintiff without bringing forward any evidence to
support those imputations. If they believed the
plaintiff's evidence they must find their verdict for
him.
The jury immediately found a verdict for the
amount claimed-501.

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