The Sun.
London, England, 1850-04-11 00:00:00

Won easy.

SHERIFFS' COURT.—(THIS DAY')
(Refire Mr. Under-Sheriff BURCHELL.)
CARR V. HARRISON.
MUSICAL TALENT.—This was an action to
damages for breach of contract. The plaintiff is ffli,",
Agnes Carr, a concert singer, and defendant is Pr"
prietor of the Railway Saloon at Chatham. $Mr. JOYCE stated the case for the plaintiff, and
10
appeared that in January last defendant directed lliesl
Tumour and Fisher, theatrical agents in Bow-street
Covent-garden, to engage a female singer and otherj
‘of
for the Railway Saloon, and the`plaintiff was engaged hp
one month certain, at the weekly salary of 355.; but t),
her going to Chatham, and taking her situation 6%1
" Character singer," defendant discharged her with°,o
notice, and the action was brought to reeover
month's salary. De'endant had pleaded several plelo
the principal being that he did not promise, and 0,10
that plaintiffwholly incapable of singing." 'J4I
Learned Counsel submitted, that after tho unqualiuo
engagement of the plaintiff, defendant was precluued fro
giving evidence us to the last-mentioned plea, but Pif
(Mr. Joyce) would prove, that plaintiff was du;
qualified to take an engagement such as had beg
entered into.
of
Mr. Fisher proved engaging the plaintiff by order
defendant, but had not heard plaintiff sing.
Mr. John Hallibone was called, and deposed that 0
was in the employ of defendant as a singer, and *tjv
present when the plaintiff vi as introduced in the 0.01
pany. He considered that she had very little sublet
talent.
Cross-examined by Mr. RYLAND—Plaintiff ha 0`
tune nor musical ear, and did not know much eu°es
time. The musicians were not put out, as the tunearliefl
generally old English airs, and they kept on, and
the singers to go on their own way.—(Laughter.)
Mr. H. Albert, conductor of the Sir John Fe's,;lif
Concert-Room, Deptford, said he had engaged p e,igei
at ss. per night, and she gave general satisfaction. o
did not look for first-rate talent; all they had to do ^
to please the audience.
Cross-examined—She did not appear to have 804
for music, or to keep time, but a comic singer was "
expected to have an ear for music.
teo4
Mr. C. A. Redding considered plaintiff comPs•
although she was no musician, for she was full of COIO
wit and comicalities.—(Laughter.)
Other evidence was given to the same effect.
Mr. RYLAND, for the defendant, said after this -
denco he should not adduce evidence as to the calf;
tency or incompetency, but would prove that on gOO
fendent complaining, plaintiff said she was more e'tioo
actress than a singer, and ultimately accepted Wbp
amount due up to the date of her discharge. `el
Learned Counsel then called Mr. Parris, defendelio
stage manager, and was proceeding to examine
to plaintiff's ability.
ti
b
The UNDER.SHERIFF understood that that point - e
been waived, but to him it did not appear on the Bed
went that it mattered whether plaintiff could sing a'
or not—but he would take the evidence.
Mr. Careuss, the pianist at the saloon, said that ml,
had the greatest difficulty in accompanying plaili:l3
for she had no ear, and could not keep time or woe. 70,,
her voice was by no means good. He paid plaintiff 3'
which she accepted in full. 110/
Mr. BALL, a brewer at Chatham, confirmed the
part of the evidence.
Mr. JOYCE replied, and contended that 355. 1010
0
that was due, as the plaintiff was only employed "so
week. Any other sum due was by way of damages
be assessed by the jury.
The UNDER-SHERIFF did not think there was ani. bi
dertaking in the agreement as to eapacity; and it 1101
perhaps be considered that very little musical ability
required to undertake such an engagement, wbicb ;00,
pended as much on the acting as on the Biagio
The main point was whether plaintiff had abandoned
contact.
The jury, after a short consultation, gave a verdict fa
the plaintiff—Damages 4/. 19s.

CRIMINAL COURT.—(THIS DAY')
OLD COURT.
(Before Mr. Justice MAULE and Mr. Justice Etalq,lo
MURDER.—Alexander Moir, the baker, who steLof
charged with the murder of his wife, Susan Moir, Ter
placed in the dock immediately on their Lordship e°,;',610
ing the court. His appearance has undergone
change since his examination at Bow-street. 0,
Mr. BALLANTINE, who, along with Mr. BIT* 1,40(
peared for the prisoner, applied for the postponement Se
his trial until next session, as his committal had beelja
recent as not to allow sufficient time for the prepars"fi
of his defence.
.
Mr. BODKIN said there appeared to have been e°tO
misunderstanding as to the case coming on to-day lot
true bill against the prisoner was only returned
night, and, owing to the circumstances mentioned to bb
by Mr. Ballantine, he felt justified in consenting to
application n the part f the Crown.
Mr. Justioce ERLE sao
id, if the parties thought tooiiiii;
terests of justice would be betteraierved by poste .00,
the trial, he could have no objection to the applicati°,,at
The trial was accordingly postponed until the o';e,
sessions of the Old Bailey, and the prisoner was
moved.
MANSLAUGHTER.—AIexander Lowey, who was
00;
victed yesterday of manslaughter, was placed its
dock to receive the sentence of the Court. 1104
Mr. Justice ERLE, addressing the prisoner, said KO
"
been convicted of manslaughter, having been acqutoa
of the crime of murder to which it neary approxiObef
He bad ill-treated his wife to an extent to make 0.
talk of suicide, and to apply to a magistrate fora Igrof
rant for her own protection. It appeared that ti„,e
this he had treated his wife with apparent kindlfij
which coupled with the character he had received, 'et,
no doubt, induced the jury to acquit him of noir at
yet, after she adverted to the subject of the warrant'ase
preceeded to execute that dreadful act of venge'
with which he was charged, and after inflicting °Po
her a dreadful wound, left her in a helpless state /00i,
street. Taking into consideration, therefore, his Pr ior
ous character, and the partial acquittal, but without 'ort
getting his great guilt, he felt it his duty to tratieli
him for the space of fifteen years. le'
The prisoner bowed to his Lordship, and was then
moved from the dock. oel
FORGERY.—George Lyon, a clerk in a banking-11°40
who pleaded guilty to feloniously forging .and utter'o4
an acceptance to a bill of exchange for 160/., to dett,"o
William Miller Christie, and others, was sentenced
twenty years' transportation. iOINCENDIARISM.—James Ryan, aged 28, describeares
the calendar as a porter, was indicted with setting
to a building, the property of Joseph Adams. ,
Mr. Ballantine appeared for the prosecution, and
Payne defended the prisoner. 04
Mr. BALLANTINE, in stating the case to the jurlo Elbe
the, premises of the prosecutor were situated in blg
Horseferry-road, Ratcliffe, and contained a considers ,
quantity of timber. On the morning of the 17,tjaog
March they were destroyed by fire, the amount orm.
sustained being between 600/. and 7001., and the cire:oeci
stances under which the fire took place had itioilf
the parties 'to suspect that the prisoner had wilt
„re'
given rise to it. He had been seen close to the rd
ini,es shortly before the conflagration broke °Ab eel
footmarks which corresponded exactly with his o,,hie
had been traced over a vacant piece of ground to ITO
fifteen yards of the building. But these were not 00
only matters which seemed to attach the act to gol
prisoner. He first gave notice to the fire brigade..
to the turneocks, for which he received fees of 3'"

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