Star.
London, England, 1826-06-24 00:00:00

SINCLAIR W. ICISIBLE AND OTHERS.

This was an action of assumpsit, brought by the cele.
brated vocalist against the proprietors of Covent-garden
Theatre, to recover from them a compensation in da-
mages for non-fulfilment of an engagement for fifty
nights, at 201. a night.
The ATTORNIY-G2NIBRAL stated the case to the
Jury. He said that Mr. Sinclair, who was a Gentleman
of considerable celebrity, both as a composer and per-
former, was under the necessity of bringing this action
for the purpose of recovering a compensation in da-
mages for the breach of a contract made with him by
Mr. Charles Kemble, on the part of himself and the
other proprietors of Covent-garden Theatre. In 1823,
when Mr. Sinclair was in-Italy, an application was made
to him on the part of the proprietors of Covent-garden
Theatre, to enter into an engagement to perform on the
boards of that house; and after some negotiation, Mr.
Sinclair received a letter, d ited the 30th Jan. 1823, in
which he was inft:rmed by Mr. C. Kemble that his terms
were acquiesced in by the Committee of Management,
and that be was to be engaged for fifty night., at 201. a
night. Mr. Sinclair received this letter in the latter end
of S:ptember, and he was to be in England by the corn-
mencement of the October following, in order to fulfil
his engagement. He arrived before the beginning of 1
the winter season, but was not called upon to perform
until the 19th of November. After that, however, he
performed forty-five nights; and though the first en-
gagement was set out in this declaration he (Mr. S n-
clan) did not now go for the salary of the five nights
out of the first fifty on which be was not called upon
for his services. At the close of that engagement in
1824, Mr, Si..clair being in Dublin, the defendants were
desirous of engaging his services for another season upon
the same terms; and accordingly Mr. C. Kemble wrote
to him to that effect, stating, that as a new opera was to be
produced, it would be requisite for him to be on the soot
at least ten days before the commencement of the seam,
to atteni rehearsals, Stc. as there would be much new and
difficult music to study. After this,in the Sept. following,
Mr. Sinclair received a letter from Mr. Fawcett, the
stage manager, stating Oat Der Freischuts was to be
brought out on the 14th of October, and it would be
absolutely necessary that Mr. Sinclair thould be in
London at least a fortnight before that day, in order
that he might study his part. To this Mr. Sinclair
wrote back word, th.t it would not be convenient for
him to be in London hetore the 15th; and receiving no
reply to this communication, he concluded that if he
was in London by the 15th of October, th 4t would be
quite time enough. Accordingly he cam; to London
on the day appointed, but was astonished to flood tha
Der Freirchutz bad been brousht ou , ard the p t .

Wilhelm, which he was to have taken, being the prin-
cipal character in the opera, had been assigned to Mt.
Pearman. Nothing/Ivry definite took place 'attn. this
until the 3d of November, when Mr.-Sinclair received
' the usual call to attend a rehearsal; and accordingly
he studied a part in a new opera; which was, only pPr-
formed two nights, and was unsuccessful. After VI N
he performed Praoe Orkido, in the Cabinet i but Alto-
gether he was only called upon to perform for nine
nights during the season.—Here the Learned Counsel
was interrupted by
The Loan Onto Jortsca, who suggested that perhaps this c.:,it.
might I*par/onus:ix private, with greater advantage to all panics
than in open Court.
Mr. hcaautrr expressed his belief that it might' al well be per_
formed publicly; and be hoped it would go 911 without much aii.w.crd.
The Arronnea-Gemartat. resumed, and disclaimed
all feelings of discord on the part of Mr. Sinclair. He
believed the Gentlemen on both sides were on the very
best terms with each other. Thus matters paned on
until the month of June, when the English Opera-house
being about to open for the summer season, Mr. A nsol4
was desirous of engaging ldr...llistelair on vary *de m.
tageoos terms to' that- entleman,athe ofiered to secure
his services for thr,e nights in a week, at S.lgaineasprr
night. Mr. Sinclair, of-rourse, said that he could not
make any engagements which might interfere with his
undertakings at Covent-garden Theatre ;• but he riquest;
ed a friend of his, Dr. Kitchener, to wait on Mr. Charles'
Kimble, and to inform him of the nature of tbeOffek
made by Mr. Arnold, begging to know wterlttir'hk
would be allowed to accept *the offer? Mr. C. getealk
said he was sorry he could not allow Mr. Sincliiir`to
forego his engagement at Covent-garden Theatne, 'M
two new oratorios were cominj Opt, in which Mr. Sin.
clair's services could not be disp:. sod wi ; and ie-
quently Mr. Sinclair lost the bait; J. ' - (
offer: It was on this ground, therefore,th"t theme
action was brought. hlt. Sinclair hadlswiebga
t. ifin
50 nights, and having of pet:foinsed nine, be tae
sought a compensation in dandiest al he.had bee#.Pik
vented from forming another engager which lei?nJ4
have secured him from less. .-. " . . :.
lk*
. i
The letters that had puma were now ‘ll444iveni
. •
and read.
Dr. Kitchener-Was then called, and preyed tbiatite
of Mr. Arnoldi as well as the- reply that Mi. C%ai.let
Yemble made, wben the witness applied to him on
behalf of Mi. Sinclair. . •

Mr. SCARLETriIsen addressed the Jury in behalf of.
the defendant. and set out by stating that the Gentle;
men who defended this action were not prompted by
any disrespect towards the valuable services of the
plaintiff, which they highly appreciated. He {the
Learned Counsel) also cotilikhear testimony to the great
talents cf Mr; Sinclair, and he only wished his public
avocations allowed him oftener to hear that Gentlanand
instead of troubling Juries to listed to himself. Bet e.e
defendants had to compla;n that it was Mr. Sinclair
who had broken the contract. • The Gentlemen of the
Jury were well aware that the music ef great con-
poser, now recently deceased (Von Vrettl)ttvas of that
extraordinary and sublime cast which necessarily re-
, quired the greatest study and attention ; and it could
not fail to have attracted the attention of the Jury, that
Mr. Sinclair was distinctly informed his attendance
would be required in London at least ten days before
the 14th of October, when the opera of Der Freischatz,
which had enjoyed an unprecedented run of more than
fifty nights, was to be brought our. Mr. Sinclair, how-
ever, wrote, to sty that he could not come mil the 15. h
of October, and of course as the piece was announced,
and as Mr. Sinclair could not fulfil this part of his en-
gagement, it became necessary that another Gentleman
shou'd study and fill the part which Mr. Sinclair was
to have undertaken, and accordingly it had been as.
signed to Mr. Pearman. On this ground the Learned
Counsel submitted to the Jury that there was" a sold
defence ; and he stated he should be enabled to thew
(though he presumed Mr. Sinclair bad how forgotten
the fact) that in a conversation with Mr. Chas. Kemble,
he admitted that his contract had been forfeited by his
not arriving in time.
The following witnesses were then called: •
Mr. John Fawcett stated, that he was stage manager
of Covent Garden Theatre in the season of 1824.25.
The performances commenced on the 22d September,
1824, and Dm Freischulz was announced for the-14'th
of October following. The company began to rehearse
it immediately after the season commenced, and thepart
of Wilhelm, which was the "lead:ng character in the
piece, was intended for Mr. Sinclair ; that part,. boa-
ever, was given to Mr. Peartnan, in consequence °Mr.
Sinclair's writing that he could not make it convenient
to come to London until the 15th of October.
Cross-examined by the Airman: Ganxisax—Mr. Slsclair was,
no doubt, perfectly en fait with the part, from hanieg saw
acted it at the Lyceum.
•' • • • - P
Mr. H. Robertson, the treasurer of the Thiatre, stated
that he was at the Theatre when Mr. Sinclair first we•
sented himself there, after his arrival from Dublin. Mr.
C. Kemble and Captain Forbes were there at that time,
and Mr. C. Kemble told Mr. Sinclair that, in come.
quence of his not arriving at the time he was expected,
he could net consider his engagement as binding. He
could not, theref ire, undertake to employ him for 50
nights, but if he was disposed to undertake characters
as his services were wanted, he (Mr. C. Kemble) would
employ him as often as he could, and to this proposi.
tion Mr. Sinclair acceded. In the course of the season
the witness conversed several times with the plaintiffon
the subject of his engagement, and on one occasion he
regretted his own folly at not coming in time, as he
said he had only taken 1801. during the season, which
was a much smaller sum than he had t Akers during .111,
season since hi first commenced the profession.
Cron-examined—Engagements with principal performers are
sometimes made by word of month, though principally in writing.
The engagements of Mr. Sinclair's services as often as he was
wanted were not reduced to writing.
Mr. Alexander Olivia also proved that he had heard
Mr. Sigel lir regret his folly, as he called it, in not
coming in time. On the occasion of his benefit, parti-
cularly, he remarked, that it would be productive of
great injury, as he had thereby missed the opportunity
of being frequently before the public.
The Arroasev Gnmsea replied shortly upon the whole case;
after which
The LORD CHIEF JUSTICR summed up all the evi-
dence at length, and observed, that after Mr. Fawcett
had received Mr. Sinclair's letter, saying that he could