The Sun.
London, England, 1868-02-06 00:00:00

LAW INTELLIGENCE.—This Day.

MIIRRAT V. 'WEBSTER.-- This case was concluded in the
Bail Court to-day, before Mr. Justice Shee and a common
jury. The action was brought against the lessee of the
Olympic Theatre, upon a contract. It appeared that in
1866 the plaintiff was engaged at the Olympic, when under
the management of Mr. Horace Wigan, to play first low
comedian, and Irish parts, at a salary of £8 per week, and
a clear half-benefit. When the defendant became the
lessee of the Olympic, the plaintiff entered into an engage.
ment for a salary of £7 per week. The engagement was
for the season, a period which depended upon the manager
and the success of the piece ; and it was generally termi.
rutted by a notice put up in the green-room. In the begin-
ning of July plaintiff asked Mr. Kinloch, the acting manager,
when he was to take his benefit. Mr. Kinloch suggested his
applying to the eefendant, and he accordingly wrote to
the defendant to fix his benefit. The defendant admitted
that he had received the letter, and it had escaped his
memory. The plaintiff, receiving no answer, made an
engagement for the ensuing season to perform at
the New Queen's Theatre. On the 3rd August a
notice was posted up in the greenroom to the
following effect :—" 'Those ladies and gentlemen who
are desirous of renewing their engagement for the ensuing
season are requested to snake their application in writing
to Mr. Kinloch"—an intimation that the season was draw-
ing to a close ; and as by the rules of the theatre thrree
weeks' notice was required to be given to the manager
before a benefit could come off, the plaintiff contended
that he would not be allowed sufficient time in which to
make his arrangements, and he according spoke again to
Mr. Kinloch, and again pressed him to fix his benefit.
He afterwards saw the defendant and spoke to him about
it. Defendant complained that he thought the plaintiff
had not acted fairly or courteously towards him in not
giving him the refusal of his services when the mistake
with reference to the letter was explained. On the fol-
lowing day plaintiff asked the defendant to arrange
about the benefit, and he was told to apply to
the manager. He pressed the manager to fix a
time, but he said he could not without Mr. Web.
ster's consent ; no benefit was offered, and no day wasfixed.
" The Two Puddifoots " was cast, and the character of
Baffles was cast to him, on the ground that it was not first
comedy. Mr. Wigan said he was much annoyed with the
plaintiff for so doing, and, in reference to the benefit, all
Mr. Wigan said was, "As you will not play Baffles, I
shall fine you a week's salary, and not allow you to make
any change in the programme." Five benefits bad taken
place prior to this date, and the actors and actresses had the
invariable privilege of changing the programme and select-
ing their pieces, subject to the approval of the manager.
Plaintiff estimated a clear half benefit to be worth between
£6O and £7O at the Olympic. The part of Baffles, in " The
Two Puddifoots," was not a first comedy part, but de-
cidedly a farce old man. Puddifoot, jun., was the first low
comedy part. That character was assigned to Mr. Horace
Wigan. The farce had been cast three times at the
Adelphi, and Baffles had been cast for Mr. Stephenson.
Mr. John Clarke read the farce, and considered
Puddifoot, jun., was his part. The defence was that
the character of Baffles was the only low comedy
part in the piece, and that plaintiff himself re-
fused to take his benefit.—His Lordship asked the jury
the three following questions s-Ist. Did the defendant
offer the plaintiff a benefit during the season, and,
if so, in what • piece ? 2nd. Did he, by the rules
of the theatre, give the defendant three weeks' notice?
and 3rd. Did the plaintiff refuse to play in " The Two
Puddiforts," and if so was Baffles a first low comedy
part ? And in the event of their.finding for the plaintiff
with regard to that benefit, what damages had been sus-
tained ?--.The jury having answered the questions in favour
of the plaintiff, the learned judge directed a verdict to be
entered for the plaintiff for £7 for the week's salary, and
£5O damages for the clear half benefit, with leave to the
defendant to move on the question of the benefit.

ANOTHER ACTION AGAINST THE LONDON AND NORTH-
WESTERN RAILWAY COMPANY.—In the Court of Common
Pleas, before Lord Chief Justice Bovill and a special jury,
the case of Hunt v. the London and North-Western
Railway Company came on for hearing. This was an
action to recover damages for injuries sustained upon the
defendants' line.—Mr. Prentice, Q.C., and Mr. Matthews
appeared for the plaintiff, and Mr. Giffard, Q.C„ and Mr.
Staveley Hill for the defendants.—The plaintiff was a
secretary to four of the Starr Bowkett building societies,
and last summer he was in the course of establishing two
more of such societies, to which he was to be secretary.
On the night of the Ist July he was returning from Bushey,
he having been to Watford to attend a meeting of one
of the new societies; when the train ran into an
engine which was upon the line. The plaintiff said that
he
was shot forward as though from a gun, and fell upon
the floor. He got upon the seat, and after a short delay
he went on his way to Londcn. When he was examined,
it was found that there was a skin wound on the leg, and
the plaintiff felt pain all down one side of his body, and had
great difficulty in walking. For six or seven weeks he
could not attend to his business, and then, when he went
to his books, he suffered from headache, and was unable to
work as he had done before. These symptoms continued
in a mitigated form down to the present time. As to
pecuniary loss, the plaintiff had to give up the two societies
which he was in the course of forming, and his income from
those already established was in three instances about
£6O, and another £5O a year. He had paid £lO for as-
sistance in his work during his incapacity ; and in
addition there were the charges for medical attendance.—
Mr. Jenkins, a surgeon, and Dr. Buzzard were examined
in reference to the plaintiff's injuries, and it was said that
a medical man of eminence had examined him, but this
gentleman was not called as a witness because he required
twenty guineas as a fee for attending in court.7-The jury
found for the plaintiff ; damages,
DAMAGES FOR AN ASSAULT.—MUSICIANS IN COURT.—
In the Sheriff's Court, Red Lion-square, before Mr.
Under-Sheriff Burchell and a special jury, the case of
Cooper v. Best came before the court. This was an action
in the Exchequer brought by Mr. Wilbye Cooper, the
vocalist, against Mr. William Best, the organist of St.
George's Hall, Liverpool, to recover compensation for an
assault. The defendant had allowed judgment to go
by default, and the only question for the special jury
(required by the plaintiff) was the amount to be awarded.
The damages were laid at £2oo.—Sir George Honyman,
Q.C., with whom was Mr. Roger Gadsden, appeared for
the plaintiff ; Mr. Digby Seymour, Q.C., and Mr. Butler
Rigby for the defendant.— Mr. Gadsden opened the case.
—Sir George Honyman proceeded to narrate the circum-
stances under which the action was brought. Mr. Wilbye
Cooper was the well-known public singer, and had
belonged to the choir of the Temple Church. The
action was brought for a most brutal assault com-
mitted by Mr. Best, who was the organist at St. George's
Hall, Liverpool, at a salary of about £4OO or £5OO a year.
The " Messiah " was to be performed. When Handel
composed the oratorio there was an accompaniment of the
solo parts by the organ, and when Mozart's accompaniment
was played the organ did not play. On the occasion in
question Mr. Best insisted on playing, and when Madame
Rudersdorff was to sing her well-known air, "I know that
my Redeemer liveth," Mr. Best still played, and that
lady sent him a message. There was some dissatisfaction
in the hall, and the people did not seem to appreciate Mr.
Best as he appreciated himself. Mr. Cooper was annoyed,
as well as Madame Rudersdorff, at the defendant's insisting
on playing the organ, and Mr. Cooper said the way in which
he was playing was " perfectly beastly." After the perform-
ance some conversation took place in the library between
Madame Rudersdorff and the defendant, and he told her she
was an impertinent woman. She appealed to Mr. Cooper,
who forbore expressing any opinion ; but when requested
to say what he had stated he gave his opinion, upon which
the defendant rushed upon him and struck him. Mr.
Cooper felt much hurt, and it was with pain he fulfilled
his other engagements at Edinburgh and Glasgow._The
jury gave a verdict for £5O.
THE PERILS OF WRIT-SERVING.—At the Marylebone
Police-court, Charles Thompson, milliner, was charged on
a summons for violently assaulting a solicitor's clerk in
the employ of Mr. Cooper, of 6, Portman-street, Port-
man-square.—Mr. Wilding, of Tichborne-street, Edgware-
road, defended.—Frederick William Perkins, the clerk,
said he was ordered by Mr. Cooper to serve defendant with
a writ. He had twice evaded him. On the 20th ult, he
went again, and saw him in the window placing out the
goods. He (complainant) was about to enter the door
when defendant struck him and caused his mouth and
nose to bleed. He had told defendant he had a writ for
him to appear in the Court of Common Pleas. On the
previous day complainant saw defendant, and he then said
he was not Mr. Thompson.—He was fined 40s, and costs.

HER MAJESTY.

OSBORNE, Feb. 5.

The Queen drove out yesterday afternoon, ac-
companied by Princess Christian, Princess Bea-
trice, and Princess Henriette of Schleswig-Hol-
stein.

Her Majesty went out this morning, accompanied
by Princess Louise.

Prince Leopold left bis bedroom on Monday.
His Royal Highness is progressing most satisfac-
torily, though still very weak.

THE PRINCE OF WALES.—Last evening was held
the county ball, the chief event in the festive week at
Kimbolton Castle, in honour of the visit of his Royal
Bighness the Prince of Wales. The entertainment was a
most brilliant one, and worthy of the Duke and Duchess
of Manchester and their august guest.

The Archbishop of Canterbury and the Misses
Longley have arrived at Lambeth Palace from Addington
Park, Croydon.

The Duke and Duchess of Somerset have arrived
at Byram, near Ferrybridge, on a visit to Sir John and
Lady Gwendolin Ramsden.
The Duke and Duchess of St. Albans are ex-
pected to return home from their tour in Egypt and the
Holy Land at the close of the present or early in the en-
suing month.

The Duchess (Emily) of Beaufort, Lord and
Lady Londesborough, and a select company are staying
with the Duke and Duchess.of Beaufort at Badminton.

The coming of age of the Marqu,S of Worcester,
in May, will be celebrated with extraoirdinary rejoicings
at Badminton.

The Earl and Countess Grey have arrived at
Hickleton Hall, on a visit to Viscount and Viscountess
Halifax, from spending a few days at Ossington with the
Speaker and Lady Charlotte Denison.
Viscount and Viscountess St. Vincent and the
Hon. Miss Jervis have left Brown's Hotel.

Viscount Hamilton, M.P., arrived in town yes-
terday from Vienna, after attending the funeral of the
Emperor Maximilian. His lordship has beers indisposed,
but is rather better. He is still under medical advice.

Viscount Bangor has left Claridge's Hotel for
Dublin.

Lady Langdale and the Countess Harley Teleki
have arrived at Claridge's Hotel from EyNN ood, Kitigton,
Herefordshire.

The Dowager Lady Wombwell has been very ill
at her house in Bryanston-street for the last month. We
hear that her ladyship is gradually improving.

THE PROPOSED FOREIGN CATTLE MARKET.—
MEETING OF BUTCHERS AND SALESMEN.—On Tuesday a
meeting, convened by the Butchers' Trade Society, was
held in Butchers' Hall, Eastcheap, for the purpose of tak-
ing steps to oppose the establishment of a separate market
for the sale and slaughter of foreign cattle ; Mr. Healy,
J.P., in the chair. Resolutions in accordance with the ob-
jects of the meeting were adopted.

SERIOUS ACCIDENT.—The second whip to the
Marquis of Hastings (Mr. Judd) has met with a serious
accident near Gaddesby. His horse, which was some-
what spent by the chase, in taking a railed fence,
caught the top bar and fell upon its rider, who lay several
seconds without being able to extricate himself. Although
there was no fracture he received considerable internal in-
jury.

THE LATE GENERAL COUNT ZAMOTSKl.—Yes-
terday a solemn requiem mass was sung at the Polish
Chapel, Gower-street, Bedford-square, by tho Rev. E.
Podolski, for the reposo of the soul of General Zamoyski,
who died at Paris, which was fully attended by his fellow-
countrymen, as well as many English Later in the day a
meeting of the Polish Historical Society was held at
Sussex Chambers, Duke-street, St. James's. Major
Szulczewski occupied the chair, and paid a tribute to the
memory of the departed, whose loss is also regretted by a
large circle of friends in England, where he was known
and respected.

MR. APLAREN, M.P., ON COMMERCIAL MOR-
TALITY.—In addressing the members of the Scottish
Trade Protection Society, in Edinburgh, on Monday,
Mr. Duncan M'Laren, M.P , said he hoped the experience
of the last few years would be a warning at least to the
present generation, and that we were not likely again to
have the railway mismanagement or cooking of accounts
which we had seen, and that still less would there be
new companies got up with names as decoys, as had too
often been the case, to lead the unwary into speculations
which ought never to have been started. He believed
that the number of distinguished persons who em-
barked in those new concerns, and set them agoing was
very small. He believed that the same parties had been
paraded over and over again, and that lists had been
made up showing that directors in London were direc-
tors of more than a dozen companies ; and that they got
the sort of nickname of guinea hen or guinea pig, from
the fact that they went from one company to another
in one day, getting their names put down in the
sederunt, and getting their guinea—picking up in
that way some 10 or 15 guineas in a single day by going
the round of these companies. They could easily guess
how these companies were managed when such a sys-
tem prevailed. It was really the fault of the publio
themselves. The gullibility of the public was really
_extraordinary. They saw some chairman advertised
who happened to be a lord, a baronet, a member of Parlia-
ment, a general, or an admiral ; and that led them to
take shares in these companies. It was amazing that
people should be so gulled by mere names as to ven-
ture their money on such hazardous speculations
and he hoped that the severe lesson that had been
taught would be ono of a very lasting kind. He might
state that he had had such a horror of these things
that he had never bought a share in any company for
the last ten years.

DISCOVERY OF HAND GRENADES AT COLDBATH-
FIELDS.—Yesterday morning, about eight o'clock,
James Stanlake, living at 1, King's-cross-road, on going
to his work at Mr. Birch's timber yard, at the corner of
Calthorpe-stroet, found concealed amongst the timber two
large hand grenades, both in heavy iron cases, and of a
spherical form. One of them was empty, but the other
was loaded and quite ready for use. There was a plug
inserted in the end, with an aperture for the fuse to be ap-
plied, but the fusee was missing. The empty grenade
showed appearances of having been discharged. How
they came there remains a mystery, but Stanlake went to
the Bagnigge-wells-road station, and placed them in the
hands of Mr. Superintendent Gerron, who immediately
communicated the finding of these missiles to the police
authorities at Scotland-yard. At present no clue has
been obtained as to the person who placed them where
they were found.

ACCIDENTS WHILE HUNTING.—A sad accident
occurred in the hunting field, near Bristol, on Monday. In
the morning Lord Fitzhardinge's hounds met at Almonds-
bury, and, having started two or three foxes, had a splen-
did run towards Iron Acton. Following them was Mr.
William Young, of Stock Farm, who rode a capital horse.
At Lattridge :Hill there is a heavy drop fence, and the
horse in jumping it stumbled and fell upon Mr. Young. He
was carried into the house of Mr. Blanch, a relative living
at Lattridge, and it was found that he was so seriously in-
jured that medical aid had to be at once called in. The
unfortunate gentleman died in a short time from the
effects of the injuries he sustained. The horse was a well-
known steeplechaser. On Tuesday morning a serious
accident befell Captain Ogilvie while out with the Burn-
ham harriers, near Huntspill. His horse took a leap over
a ditch, and on landing on the other side slipped and fell ,
rain" over its rider. Captain Ogilvie was at once picked
up, and removed to his residence at Puriton. When exa-
mined it was found that there was one or two broken
ribs, besides a very severe shock to his system. On Mon-
day, during a run with Lord Middleton's hounds from the
Scagglethorpe meet, a gentleman visiting Lord Middleton
at Birdsall House, Mr. Wood, was injured by his horse
falling at a fence, and was himself caught on the head by
one of the animal's feet. The case is not so serious as was
at first expected.
TRESPASS ON THE DUKE OF DEVONSHIRE'S
FisnERY.--At the Preston Sheriff's Coart, held on Tues-
day, a jury was sworn to assess damage in a case in which
the Duke of Devonshire was plaintiff, and four fishermen,
named respectively William Bird, John Bird, Wm. John-
eon, jun., and John Hall, were the defendants. The alle-
gation was that the defendants had committed trespass by
fishing in a fishery belonging to the Duke of Devonshire,
extending from the foot of Windermere to Morecambe
Bay ; and this they virtually admitted by not entering
an appearance against the writ, so that the jury wore
only called upon to assess damages, in order that, if neces-
sary, an injunction might be obtained t 3 prevent the de-
fendants again taking fish within the limits mentioned.
William Robinson, fisherman, living at Flookborough,
said he had been in the habit of taking fish for the Duke
of Devonshire within the limits mentioned for four years,
and had known the district all his life. He knew the
defendants well. They had never fished before last year,
and then they took .arge quantities-as much as 401 b
weight at a draught. The river contained more' fish last
year than in any previous year lie had known, but fewer
fish were caught. The defendants wore fishing nearly
everyday during the season. They used the draw net,
and he should think they took 400 fish, the average of
which would be 101 b., so that they actually caught about
4,1001 b. weight The average price was is. per lb. Air •
Thomas Rawlinson gave corroborative evidence, and said
the quantity taken for the Duke of Devonshire was
3,615i1b. iu 1863, 2,118i1b. in 1866, and I,oBAlb. in 1867
—although in the last year there was a more plentiful
supply than in 1865. The jury returned a verdict for AO