The Sun.
London, England, 1850-02-11 00:00:00

PADEURY V. CLAIRE.

The further arguments in this 'part-heard appeal
were then resumed and occupied the Court the whole
morning.

ROLLS' COURT.—(THIS DAY.)
The Master of the Rolls did not sit in his Court in
the Rolls'-yard, Chancery-lane, to-day, in consequence of
having to a:tend the Judicial Committee of the Privy
Council, His Lordship, it is understood, will not sit
again in his Court for nearly a fortnight, with the ex-
ception of Saturday next and the Thursday following.

VICE-CHANCERY.—(THIS DAY.)
(Before the VICE- CIIANCELLOR Of ENGLAND.)
Causes sad motions cf no general interest occupied
the Court the whole morning,
(Before the Vice-Chancellor lirtaorrr BRUCE.)
His Honour beard bankrupt petitions and causes to-
day, but no ease calling for a special report came before
his Honour during the morning.
(Before the Vice-Chancellor WIGRAM.)
His Honour sat to-day at eleven o'clock.
BEECHING V. MORPHEN.
His Horrona this morning gave judgment in this case
in which the bill was filed for the recovery of a debt in-
curred many years ago. His Honour dismissed the bill
with costs, on the ground that the debt was barred by
tho operation of the statute of limitations.

QUEEN'S BENCH.—(THIS DAY.)
(Sittings at Nisi Prius, at Westminster, before Mr. Jus-
tice WIGHTMAN and a Common Jury.)
HOSKINS V. AIADDOX.
This was an action brought by Mr. William Hoskins,
the husband of Mrs. Hoskins, formerly known as Miss
Harland More her marriage, an actress at the Princess's
Theatre, to ie.:over a certain amount of salary alleged to
be due to his wife from Mr. Maddox, the lessee of the
theatre, for theatrical services under an agreement made
between the parties.

Hundrey and Mr. Macaulay wore counsel for the
plaintiff; and. the defendant was represented by Mr.
Selrgi caapnpteWareildlatnhsatanind Mr.sep
by her name
thti frbsu iefseq,u September,
from
Wemilberm°7l.B4B, an agreement
was made heteyeen,the plaintiff and the defendant, under
whichlloarllaBn4dB,
was. engaged `` as prima donna to play in all musical
teces, nhoet pblaelinn
p
g eof Mautuismsn f
during the then tot thcoming season ending in May 1849,
at a salary of five guineas a week. To the plaintiff's
wife the defendant assigned the part of Wilhehnina in
The Waterman, which she played for some time, when
the de
defendant thought fit to take that part from her and
to assign it to Miss Emma Stanley. A breach, there-
fore, took place between the plaintiff and the defendant,
tiee plaintiff swife refusing to play at the theatre in cer-
tain parts which Mr. Maddox wished her to take. The
present action was brought to recover six weeks of un-
paid salary, at 5/. a week.
Miss Emma Stanley was called for the plaintiff. She
said—l was engaged last year at the Princess's Theatre.
Mrs. Hoskins was also eneaged at the theatre. I know
the musical farce of The Waterman, of which Wilhel-
mina is the principal part. I have pet formed t',a; part
myself. Miss Harland, the p!aintiff's wife, took the part
of Wilhelmine, when she became the prima donna at the
theatre. After Miss Harland had played for some time
ia that part last Beaton, it was taken from her, and as-
signed to me. Mr. Maddox is the proprietor of the
theatre. I remember on one occasion, in April, being
asked to give up the past. When a part is taken from
a performer, and ho is afterwards asked to take it again.
it is usua' to give him notice of his being reinstated.
On the 17th April I saw Miss Harland advertised to
play Wilhelmina in the bills of the day; and I was to
perform at the theatre that evening in an after-piece.
I was requested by the defendant to be at the theatre
early, but I was not told for whet purpose. I was there
previous to The Waterman beginning to he played. I
saw Miss Harland there, dressed to play the part ef
Willielmiett. I was afterwards requested by Mr. Mad-
dox to perform the part. In consequence of the singing
beir g taken out of the part Miss Harland had refused
to play the part, and Mr. Maddox wired me to play the
pint at the last moment. (Shown the agreement be-
tween the parties.) That is signed by the plaintiff and
the defendant. it was not a part which a prima donna
ought to play, when the music is cut out. I performed
this part with the music, when I was asked by Mr. Mad-
dox to play in it.
Cross-examined—l sang one song in the part; but I
once played it at tha theatre for Mr. Te mpleton's bene-
fit, introducing the original song. On the night in ques-
tion, when I played it for Mr. Maddox, I sang the song,
" I'll be no submissive wife"—(Laughter)—which was
originally written for a farce for Madame Vestris. I
believe Miss Harland is tow playing at the Grecian Sa-
loon. On the night in question, I had a very long and
laborious part in another piece besides The Waterman.
I don't know what is to be played on a particular day
except by the bills of the day.'
Re-examined—lt is always the etiquette of the
i
theatres that when once a part s taken from an actor
and afterwards restored to him, that ho has notice of the
fact.
Mr. James Fenton—ln- 1849 I was prompter at the
Princess's. I remember when Miss Harland's name
was put in the bills to play the past of Wilhelmina.
There was no notice sent to Miss Harland that she was
to be advertised for Wilhelmina. On the 17th of April
(the night in question) I received a letter from Miss
Harland, about half an hour before the theatre opened,
which I gave to Mr. Maddox. Mise Harland, I was in-
formed, came to the theatre that evening dressed for
the part of Wilhelmina. I saw Mr. Maddox at
the theatre that evening. Miss Harland did not
perform in the part, and I entered the fact in a book,
(stied the time-book. The entry was as follows:
"Miss Julia refused to go on in The Waterman unless
she sang, and left the the atre. ' I never knew the part
of Wilhelmina played without music, and I have known
the piece for the last forty years.
Cross-examined—Unfortunately, I was born in the
theatrical profession. The prima donna is the lady who
plays the first part in the grand opera. Any prima donna
could not be called on as a matter of right to play the