The Sun.
London, England, 1868-02-17 00:00:00

did work at the same rate as the plaintiffs—viz., 12f
per cent. (laughter.)
Miss Menken, the defendant, was then examined.
She said—ln 1861, I entered into an engagement
with Mr. Smith, who was then manager of
Astley's. It was at Mr. Smith's suggestion that the
brougham was bought. lie introduced me to
Messrs. Countze and Pearce, the coachmakers. I
gave no directions as to the character of the
brougham or to the ornaments. Mr. E. T. Smith
gave the suggestions for the ornaments to the car-
riage in my presence. The rampant horses—
(laughter). —were put on the carriage by direction
of Mr. Smith. lon one occasion accompanied Mr.
Smith to the coachmakers, and he gave orders for
the design and other particulars about the carriage.
I ant at variance with Mr. Smith at tho present
time. I have a claim against him, and I have com-
menced an action against him. When I first used
the carriage in the rain the water awl mud
came in through the oval glasses, although
they were not made to open. I ha 1
dresses spoiled through that circumstance. I
don't recollect complaining of it, but I must have
done so, as I know it was sent back to be made
weather proof. The silver mountings after they
had been cleaned a short time by the ordinary pro-
cess turned black, and it could not be repolished
without the fittings being replated. This came to
her knowledge in about six weeks after she had had
it. I don't know anything about the repairs charged
i❑ July to the amount of £l4 18s. 6d. One of the
gentlemen of the firm inspected the brougham at
my door, and he suggested very expensive repairs,
but I declined to adopt them, as the brougham
looked to me in perfect repair. I did not consent
to have the repairs executed. To the best of my
recollection I never suggested any alterations to
the brougham, but it was in constant want of
repairs.

The Lord Chief Justice—l think it necessary that
we should have the -books of the plaintiff to see
what those repairs were. It may have a very mate-
rial bearing on the case.

Sergeant Parry—l thank you, my lord, for the
suggestion.

Examination continued—l know nothing of the
item, " Interest as arranged £lO 7s. 6d." I never
agreed to such a charge. I never injurtd the
brougham in any way. I took extra care of it, and
eagaged another carriage to use in its place on bad
nights. I went to America in 1865, and after an
absence of seven weeks returned to England, when
the brougham wanted repair, as usual. (Laughter.)
The bill of exchange, the subject of the present
action, was said to be transacted through Mr.
Pinder, but he was only my agent for
theatrical affairs, and had no right to pledge my
credit to otheraffairs, and when I signed the bill now
in court I really believed that I owed the money. As
regards the details of the repairs to the carriage I
have never had an account from the plaintiff.
When on my second visit to America I took extra
care of the brougham, and had it packed in a box
filled up with straw. When I got to America
bad again to pay for repairs, but the brougham
was ultimately sold in American for £4O.
The Lord Chief Justice—That may be a very im
provident price. The brougham, you know, had
to cross the Atlantic.

Mr. Murphy objected to the examination of the
plaintiff on that point.
Sergeant Parry--I think I ought to be allowed
to show what the matters were in America.
The Lord Chief Justice—Well, you can take it
that the brougham, after £6O had been spent, sold
for £4O.

Sergeant Parry—l only wished to show what
the carriage brought when it was sold.
The Lord Chief Justice —Many a person buys a
toy dear, and 'sells it very cheap.
Sergeant Parry—Quite so, my lord.
The case was not concluded when we went to
press.

RAILWAY INTELLIGENCE.

CALEDONIAN.

The result of the poll demanded at the special
meeting of this company held on Thursday, in
Glasgow, was a majority of nearly four to one for
the board.