The Sun.
London, England, 1827-06-08 00:00:00

LAW INTELLIGENCE.-(THIS DAY.)

HOUSE OF LORDS.—APPEALS.
GORE, APPELLANT-LORE LORTON, RESPONDENT.
This was an Appeal from a Decree of the Irish Court of
Chancery. The case turned merely upon a matter of ac-
count, and of course involved no question of general interest.
The arguments had not concluded when we went to press.

COURT OF KING'S BENCH, WESTMINSTER.
AUSTIN V. BARAM.
This was an action brought to recover the balance of an
account, amounting to 981. 15s. Id. for repairs executed
by the plaintiff on the house of the defendant, in Queen
Anne-street, Westminster.
The Jury found for the plaintiff with only 1l /.
11d, off' damages.

COURT OF COMMON PLEAS.
ACTION FOR LIBEL.
D'EGVIT.LE V. RICHARDS.
Mr. Parrisow opened the pleadings. This was an
action for a libel, brought by M. D'Egville, the ballet-.
master of the Opera-house, against the Proprietor of the
Age Sunday Newspaper.
Mr. C. Piatmars stated the case. lie appeared in this
ease for M. D'Egville, who had chosen him upon the
grounds of old friendship, in preference to the best of ta-
lent with which he was surrounded, probably thinking
that the zeal of friendship might be some compensation for
the absence of ability. M. D'Egville was the ballet-mas-
ter and teacher of dancing at the King's Theatre, and had
produced several ballets which were remarkably popular.
About three months ago a ballet was produced by M.
D'Egville, entitled Le Siege de Cythere. It was in three
acts, and M. D'Egville acknowledged in the book of the
ballet that the third act was taken from a ballet composed
by Dubervalle, a composer of some celebrity. In the libel,
however, it was alleged that the whole of the ballet was
copied from Dubervalle, and no notice was taken of the ac-
knowledgment of M. D'Egville. M. D'Egville's profes-
sional character, however, stood so high, that the
Jury, iu all probability, would never hare heard of the
present action if the libel rested here. But it went
much further, it attacked M. D'Egville's private cha-
racter, and sought to cast the ;oldest stains and asper-
sions on him. He was accused of being active in the
• French Revolution, and of being the bosom friend
of the murderer of the Princess Lamballe. It could
not be considered surprising that such a charge should have
deeply pained and wounded the mind- of Mr. D'Egville,
who was not more remarkable for his splendid talents as a
professor of his art, than for the esteem and respect which
his private virtues secured him, amongst a numerous circle,
of friends. For their sakes, as well_ as for his own, he:
thought it his duty to meet the charges with which he was
assailed, and to bring this caluMnious libeller before a
Court of Justice. M. D'Egville, besides his situation at
the Opera7house, which brought him in 1,300/. a yea 4
occupied himself in teaching dancing in the families of
some of the highest of our nobility; and such was the con-,
fidence which his moral character and private merit in-
spired,, that many of the most elevated characters confided
to him the tuition of their unmarried daughters, in this par
titular branch of fashionable education. To such a person
the importance of an unsullied character was an object of the
highest importance, for on it not only his respectability,
but his professional success must invevitably depend. The
Jury should hear the libel; however, and he would put it to
them whether a more unjust, base, and malicious libel, bad
ever emanated from the public press, tainted, as it was of
late years, by the frequent insertion of libels, which, if
suffered to pass with impunity, would render the press an
evil and a curse to the country, even in the opinions of
those who were disposed to be the warmest advocates for
its liberty. The Learned Counsel then proceeded to read
the libel, which was inserted in the Age of the 11th of
March, under the head of " Answers to Correspondents,"
and was headed as follows :
. " A reference to the new ballet at the King's Theatre,
is inserted in justice to all parties. Ido not presume to
write a critique, but only to give you that information you
may not be in possession of. The ballet at the Opera, on
Tuesday last, impudently asserted in the bills as the com-
position of M. D'Egville, " Siege de Cythere," when it
was originally composed and produced under the same title
by M. Dubervalle. The only credit attached to D'Egville,
is the ektraordinary memory, to have so closely followed
the original in every scene, group, and action, unless he
made a memorandum at the time, which I presume was
the case. The writer of this, was in Dubervalle's ballet
when first produced, at the Old Pantheon, and thinks
D'Egville can only. copy, not compose. For example, his
previous ballet of " Rose Blanche," was originally per;-
formed at Odenot's two-penny theatre, on the Boulevards,
expressly for the revolutionary gentry of 1792, about the
time of the Martyrdom of the Princess Lamballe and others,
at the very time D'Egville was very conspicuous in Paris,
and accused of being the bosom friend of the murderer
that Carried that unfortunate Princess's head on a pole."—
This was the libel for which the plaintiff sought compen-
sation ; and a more atrocious and unprovoked attack never
was made on a respectable man. It was as false too; as it
was calumnious. M. D'Egville, so far from being active
in promoting the Revolution, was conspicuous in the ranks
of loyalty, and had hazarded his life in the service of the
ttnfortnnate monarch who then filled the French throne.
He put it to the honour of the Jury as to what must he his
feelings when he was represented as the bosom friend of the
greatest monster and most hardened villain who figured at
that sanguinary period—of the wretch who, not satisfied
with the massacre of his innocent countrymen of all ages,
but had become, as it were, the butcher of a corpse. As
soon as M. D'Egville became acquainted with the publi-
cation of this libel, he applied to the defendant to give up
the name of the writer, as the libel purported to come from
a correspondent. This the defendant refused, and having
basely slandered the character of an amiable man, he scorned
to make any apology, and did not even appear by Counsel, this
day. At all events, he could find no fault with the course
which the plaintiff had adopted. Ile might have proceeded
for a criminal information, instead of which, be brought a
civil, thus enabling the defendant, if he had any grounds for
the aspersion contained in the libel, to come into Court
and justisfy himself by proving their truth. This, however,
the defendant had not dared to do, and it was therefore for
the Jury to say, what compensation they would give the
plaintiff for the injury attempted to be done to his cha-
racter by the publication of this most atrocious and malig-
nant libel.,
The proprietorship and publication of the Age having
been proved, the Secretary to the Opera was Called to
prove that M. D'Egville was engaged at the Opera House,
as Ballet-master, and in that character had produced se-
veral most successful ballets. "Le Siege de Cythere" was
produced about three mouths since.
There being no appearance for the defendant,
The CHIEF JUSTICE summed up, leaving the question
of damages entirely to the Jury.
Verdict for the plaintiff—Damages, 1501.