The Sun.
London, England, 1844-09-23 00:00:00

UNION•HALL.

THE LATE FRACAS IN THE VICTORIA THEATRE.—
In the course of the day an application was made by a
solicitor, on the part of Mr. J. H. Kirby, the actor, for
a summons against Mr. Osbaldiston, the lessee of the
Victoria Theatre, for refusing to allow him to enter
the boxes on his tendering payment for the same.
The solicitor, who was accompanied by Mr. Kirby,
stated that on Thursday evening, at the termination
of the fourth act of Othello, Mr. Osbaldiston told Miss
Vincent not to speak the speeches, but to come to
cues, and not to be humbugged by the "damned Yan-
kee." That Mr. Kirby was drunk, and hid insulted
the whole company." But when Mr. Kirby sent to
him for an explanation, he returned as his answer
that he desired "no more words from Mr. Kirby."
The latter gentleman having been apprised of the un-
founded accusation that had been brought against him
by Mr. Osbaldiston, before the audience of the Vic-
toria, went there on the night in question, for the pur-
pose of contradicting the unjust aspersions on his cha-
racter. Mr. Kirby first assayed to get into the house
by the stage door, but failing in the attempt, he then
went round to the box entrance, and although he
tendered the price of admission he was refused, the
servants of the theatre, having, it appeared, received
instructions not to admit him into any part of the
house, so that he was precluded from appearing before
the audience and neutralising the injurious report
which had been propagated to his disadvantage. Had
he been admitted into the house on Thursday night,
his presence would have contradicted them, and exhi-
bited the utter groundlessness of the charge made
against him, but he had no opportunity of carrying
into effect his intentions, and the object of the present
application was to have a summons issued against the
lessee of the above theatre, to show the cause why he
refused to admit into the house a gentleman who had
tendered money for admission. The solicitor said he
was prepared to prove that Mr. Kirby was perfectly
sober at the time.

Mr. COTTINGIIAM, in reply to the application, said
he had great doubts whether the lessee could be com-
pelled to admit any person into the theatre whose pre-
sence he was averse to, but before he (the Magistrate)
gave any advice on the subject, he should wish to see
a copy of the license, which would enable him to de-
cide the question. It certainly seemed hard that the
lessee of a theatre should exclude a person who was
respectable in his appearance and sober from the
house, setting aside the matter in dispute between the
parties. Without the production of the license, how-
ever, as he said before, he would not undertake to give
a decided opinion on the subject, but he had no objea-
tion to issue a summons requiring Mr. Osbaldiston's
attendance on Wednesday next.
The parties having thanked the magistrate, then
withdrew.

CLERKEIV WELL,
Mr. Drake, an architect, residing at 41, Kenton-
street, Brunswick-square, was again placed at the bar
to answer the charge of obtaining money by means of
threats from Mr. Wm. Hoit, a cowkeeper.
The clerk having read the evidence given on the
previous examination,
Mr. Robinson said, that from the very conflicting
statements made by the complainant, and his evident
inability to remember distinctly the different occur-
rences which had taken place, he was afraid he should
not be able to obtain a conviction, and he therefore
should not press the charge.
The prisoner was then discharged, declaring, through
his attorney, that the money was only borrowed.
WORSHIP-STREET.
Police-sergeant James Flynn, No. 37, attended be-
fore Mr. Broughton, by the direction of Superinten-
dent Johnson, to show cause why he had immured
his wife, Ellen Flynn, in a lunatic asylum, she being
at the time in a state of perfect sanity.
The case was first brought under the notice of the
magistrate about a week ago, when the sister of the
alleged lunatic appeared before him, and stated that
her sister was married to the sergeant in Ireland
about eighteen years ago, and that they had contrived
by their mutual industry to accumulate a sum amount-
ing to nearly 2001., which had been deposited in the
POLICE INTELLIGENCE. husband's name in a savings' bank; that they had
(SATURDAY.) lived very happily together until about twelve months
MANSION-HOUSE, ago, when repeated ruptures took place between them,
ALLEGED FORGERT.—A case which excited a vast and the sergeant taking advantage of some trivial acts
deal of interest from the character of the prosecution
followed, tool; of violence on her part, which his ill-usage had pro-
and the disclosures that subsequentlyyoked, had by fraudulent means induced two medical
place before Mr. Alderman Wood, who sat for the
practitioners to certify that his wife was insane, and
had thereby procured her incarceration in Dr. War-
Lord Mayor. It was that of a young man respectably
burton's Lunatic Asylum at Bethnal-green, where
Cambridge-street,
connected, named Moore, living in
Hackney, who was charged with having forged the she was then confined. The applicant added that she
indorsement of two wine warrants, valued at 901. felt so completely satisfied as to the entire sanity of
The prosecutor, Edgar White, of Mincing-lane, it
her sister, that she had caused her to be carefully exa-
appeared had got the prisoner to procure an advance rained by a medical man of high eminence, whose
for him on the two notes for 301., and when he after-
voucher she had obtained to that effect. The appli-
cant then handed to the magistrate a certificate signed
wards applied for their restoration, he found that
,
they had been disposed of with his name forged on the by Dr. Riding of Euston-square, stating 'j that he
back as the indorsement. had seen,Mrs. Flynn, and after a careful examination
The prisoner asked the prosecutor if he would swear
of her case, he was unable to detect any sigos of in-
sanit, and cons
that the notes were not indorsed when they were
for coynfinement." considered her, therefore, not a fit subject
handed to him. Prosecutor—No; certainly not.
Upon hearing the above statement, and perusing
Prisoner—Did you not state, after the Chelmsford
the certificate, Mr. BROUGHTON directed Henley, the
Assizes, that a person named Sparks, your man, had
chief usher, to proceed to make inquiries at the mad-
broken open your desk and extracted the two notes
in question, which were legally indorsed, and had at-
house, and, if the woman's statement was well
tempted to raise money upon them? Prosecutor—l founded, to request the attendance of the medical
said that my desk had been broken open. officer of the establishment, in order that the case
Prisoner—By Sparks ? Prosecutor—Yes. might be thoroughly investigated.
Mr. Phillips, the medical officer of the asylum,
The prisoner protested his innocence. He said it
subsequently attended before Mr. Broughton, and
was a cruel persecution.
One of the notes being here produced, the Alder-
stated that Mrs. Flynn had been received into the
man handed it to the prosecutor, and inquired if it was house on the authority of a certificate, signed by two
in his handwriting? He replied it was not, nor did
surgeons, that she was of unsound mind, but he (Mr.
he know in whose it was.
Phillips) felt bound to express, as his own decided
Prisoner (with emphasis) —ls it not in Sparks's
opinion, that she was perfectly sane, and was not a fit
handwriting ? Prosecutor—l don't know.
object for admission into the asylum. Having the
Prisoner (addressing the Alderman in an impressive attestation, however, of two medical men to the con-
manner)—So help
were ready to deliver her up to her friends on being
before I got them. It is through the malevolence of
me God, the notes were signed trary effect, they were compelled to detain her, but
legally authorised to adopt that course.
that man and Sparks that I am now in my present
position. He then called a Mr. Well's, a judge's Mr. BROUGHTON made some strong remarks upon
clerk, to prove that the notes were indorsed when the monstrous state of the law, which enabled a
they were handed over to the prisoner by the pro- person, at his own wanton caprice, to consign another
secutor. to such a dreadful species of confinement, and gave
Sparks (who up to this time was in court, and at- orders for the attendance of all the parties before him.
tentively taking notes as a reporter) was called by The wife, whose address and demeanour were per-
the prosecutor to rebut that evidence. Ina rather fectly quiet and collected, was examined at some
pompous style he stated himself to be Washington length by the magistrate, and stated that, in con-
Angelo (and something else) Sparks. He swore po- sequence of a disagreement that took place between
sitively that they were not indorsed, nor was he in- them, her husband, about four months ago, placed her
in the same asylum, but, after remaining there a
dorsement in his handwriting'
Alderman WOOD said, from tb3 evidence, it would week, he consented to her liberation, and agreed to
be his duty to commit him, but he would remand him allow her ten shillings a week, on condition that she
until Tuesday, to allow time for the other note to be went over to her friends in Ireland. She accordingly
produced. proceeded to that country, but returned, after a short
Prisoner—May I ask if you will accept bail for my ,stay, and besought the defendant to receive her into
appearance ? I his house, and it was in consequence of those impor-
tunities that she was again incarcerated in the mad-
Alderman WOOD—I can't; there is not a second
magistrate present. house.
Sparks was here taken into custody, and placed at i In answer to the complaint, the defendant said that
the bar, charged by the prisoner in the last case for his wife had been guilty of the most outrageous acts
detaining a bill of exchange for 501. of violence, having more than once attempted to stab
Mr. Moore stated that a few weeks ago he intrusted i him; and her whole conduct justified his conviction
Sparks with a bill of exchange for 501. to get dis- that her intellects were impaired. She was examined
counted for him. He had frequently applied to him ,by two respectable medical men, one of whom had
since for the money, or the bill, but could not succeed attended her for nine months; and, as they both testi-
in recovering either. I
fled to that fact, he considered himself justified in the
Alderman Wools declined to entertain the charge.
course which he had pursued.
As Sparks was about to retire from the Court a i Mr. BROUGHTON, the magistrate, expressed it as his
gentleman stepped forward, and said he wished the opinion that the woman was in as sane and rational a
prisoner to be detained. state as any one in court, and he considered that the
Sparks was again placed at the bar. defendant had been guilty of extret, e crue!t- an
The gentleman stated that his name was Garrett, injustice towards her. Fortunately, however, thr.ough
and that he was a tailor in Cheapside. About the her sister's interposition, she was now restored to her
middle of August last Sparks called at his shop, and friends, and he wished to know what arrangement

The foreman then announced that although he and
another juror objected to give a verdict at variance
with the medical testimony, yet that fourteen jurors
out of the sixteen were of opinion that Mr. Campbell
was of sound mind. _

A verdict was accordingly recorded " That Mr.
Thomas Telford Campbell was of sound mind." The
verdict cruised extraordinary Sensation in the room.
Mr. Campbell immediately after removed his lug-
gage from Dr. Allen's, and took elegant apartments
at the house of the late Captain Sotherhy, near
Woodford.