The Sun.
London, England, 1850-10-25 00:00:00

LAMBETH.

Thomas Barry, the clown at Astley's Theatre, ap-
peared before Mr. Elliott to answer to a summons
charging him with assaulting Mr. William Henry
Harvey, the ballet• master at the same theatre.
The complainant, who appeared to labour under
great tribulation, and was once or twice moved to
tears, said—On last Thursday night, during the per-
formances, I was at one end of the green-room and
the defendant at the other, and something occurring
to draw his attention towards me, Mr. Barry ex-
claimed, " Oh, Bill, you old —, give me a kiss !"
and, advancing towards me, he threw his arms around
me and mauled my face with his hands. I tried to
get away from him all I could, and pushed him away,
upon which he said, " That's your game, is it ?" and
rushing at me seized me by the throat, and shook me
violently. Some of the gentlemen present got me
away from him, and I went out of the place and saw
the stage-manager, and told him that Mr. Barry had
used me most roughly. Shortly after Mr. Barry rushed
at me a second and a third time, and Mr. Thompson,
the stage-manager, told him he had better go to his
dressing-room. For some time, your Worship, I have
been subjected to the greatest annoyance by what is
called the " low chaff" of Mr. Barry.
Mr. Bridges said he was employed at Astley's
Theatre, and on the night in question saw Mr. Barry
put his arms on the complainant's shoulders in a jo-
cular way at first. The complainant resisted him,
and a scuffle and some words took place, and he saw
the defendant hike him by the neck and shake him.
Mr. Barry complained at the time that the complain-
ant had scratched his cheek, and as soon as he was
released from him by two persons present, he rushed
a second time at the complainant and shook him vio-
lently. The defendant also shook the complainant a
third time.

Mr. Thomas Thompson, the stage •manager at
Astley's, said that the complainant came to him with
the defendant, and Mr. Barry was calling out, " Keep
that man off me;' and Harvey appealed to him for
protection. He endeavoured to get Harvey away,
and some gentlemen having held Barry, he separated
them. Harvey's dress was disordered, his scarf was
pulled on one bide, but this he (witness) believed was
his own fault.

Mr. ELLIOTT (to the defendant)—What have you
g to say to the charge ? Defendant—Well, sir, on
the night in question we were in the green-room,
when I, in a jocular manner, and certainly unaccom-
panied by the whole of the expressions made
use of by him, and also without the slightest vin-
dictive or unkindly feeling, placed Any arms on
his shoulders, upon which he at once dug
his nails into my left che.k and caused the blood
to flew. I then said, "You little wasp, how dare
you take such a liberty with me ?" and I did, I own,
seize him by the n9ck and shake him ; but I assure
your Worship I had no more idea of putting him out
of temper by what I had done than I had of paying
the national debt; and that I believe, your Worship,
is not very probable, as there is little hope of my
doing so.

Mr. ELLIOTT—have you any witnesses to call ?
Defendant-1 certainly could cull plenty to the com-
plainant's general irritability of temper, but will not
do so; I wish, however, to examine one witness.
Mr. John Henderson, a member of the company,
was then sworn, but his te,timony differed only from
that of the other witnesses in the fact of his saying
that he had frequently seen Mr. Barry do similar
things to the complainant without the latter getting
out of temper.
Mr. ELLIOTT observed that, from the evidence on
both sides, it did appear tv him that the complainant
had scratched the defendant, but, at the same time,
he did not think the latter was justibd in using the
extreme violence that followed, and for this he must
pay a penalty of 20s. and 2s. costs, or in default be
imprisoned for ten days.
The fine and expenses were at once paid.