The Sun.
London, England, 1868-01-29 00:00:00

IWCABE v. RUBINL

This action came on for trial to-day before Mr.
Justice Byles in the Court of Common Pleas. It
was to recover the balance of an account which had
arisen between the two public entertainers during
the tenantry by the latter of one of the minor rooms
of the Egyptian-hall, of which the plaintiff was
lessee. The amount in question was £22 10s.

Frederik M'Cabe said---,ln the mouth of De-
cember Philip Rubini made an arrangement to take
the minor Egyptian-ball, of which he (M'Cabe) was
lessee, at the rate of £5O a-month, and commenced
his performance on the 2d of October. He con-
tinued to do so for a fortnight, when matters turned
out somewhat non'-successful. He (M'Cabe) told
Rubini the arrangiment must end; but being de-
sirous, as Rubini was a young entertainer, he after-
wards agreed to take .112 10s. per week, he (Ru-
bini) undertaking to meet the current expenses of
the week. It was arranged that the first
money taken nightly at the dours should go in
redemption of rent and arrears, and that the profit,
if any, was to go to Rubini. This arrangement
continued until the 7th of November, when he
(M'Cabe) gave Rubini notice to quit. At that time
the sum owing was £22 16s. Mr. Sutton, Mr,
M'Cabe's acting manager, proved the defendant
entering into au arrangement to pay £l2los. a week
as rent for the room, together with £5 weekly iu
redemption of the former loss, and that he (Rubini)
was to pay the gas bill, &c. On the 9th Nov., how-
ever, Rubini received notice to quit, when he turned
Mr. M'Cabe's money-taker out of the box by force,
and took the money paid at the doors himself.
(Laughter.) At the time Rubini' quitted the
Egyptian Hall there was a sum of 522 10s. due for
rent, and that was the sum the recovery of which
was now sought.

Mr. Hershall, for the defendant, contended that
the action was brought for the recovery of " rent,"
and had been deducted every week from the re-
ceipts, and he contended that the plaintiff could not
recover the £22 claimed as the balance due under
the old agreement. There was a debt also due to
the amount of £l9 for printing still remaining un-
paid, which was incurred during the first arrange-
ment.

The Judge thought the better way was for Mr.
M'Cabe to discharge that Lill, and then he advised
the jury to give a verdict in his favour for £l5.
This, however, was objected to by the other side,
and the whole matter then went to the jury.
Mr. lierschell said it was represented to the de-
fendant that a sum of money
belonging to both
parties had been expended, and his client (Rubini)
wished to see the vouchers. lie did not deny that
he was indebted to plaintiff, but he said it was not
to the extent sought by his action.
The jury gave a verdict for the plaintiff for £8
13s. 6d.

CENTRAL CRIMINAL COURT—(This Day.)

(Before Mr. Justice Shee.)
THE MURDER IN LAMBETH.

Thomas Clark,
.27, labourer,,, who had pleaded
guilty at the last session to the. iwilful murder of
a child named Alice Smith, was placed at the bar
to receive judgment.

The prisoner was then formally called upon to
state whether he had anything to say why judg-
ment of death should not be passedupon him.
He made no reply.
The learned judge then assumed the black cap,
and passed sentence of death in the usual form.