Star.
London, England, 1818-10-17 00:00:00

LJR UR I=LANE THEATRE:

. A Meeting of the Creditora 'of this Theatre Was
held in the Saldon, yesterday, in .coniequenit of a
eirkulat notice to that effect, s'hich they rived
from the Sub-Committee; At one o'clock, Mr. Al-
I derman Cox %vat; called to the Chair.
Mr. WARD, the Secretary, shortly opened the bu: .
siness of the Meeting, by stating, that it was the in-
tention of the Sub-anninittee to submit to their con-
sideration a proposition; with regard to the del--t of
the Theatre. 'The nature and extent of that propo-
sition would be explai::cd.
Mr. InoNmomart said, he was mithbrised to inforni
the Meeting. that the Sub-Committee had anxiously
considered 4 the most practicable means of relieving
the Theatre troth the debt by which it was encumi
bet cd. They were desircits of effecting that objeit
with as much expedition as possible, and were ready.
to Letome jointly and separately responsible for the
fulfilment of the arrangement .which they had td
offer. If all the creditors should agree to receive g
composition of ten shillings in the pound for their re=
!pective debts, the Sub-Conithittee w6re ready to pay
down .ss. in the pound immediately-, and to :tarttri-
tee the payment of the remaiiiihg ss. in the. pawn'
at the close of the present season. The sum neCes:
sary to complete the first payment, the Gentlemen of
the Sub-Committee were willing to advance Out of
their own pocket, as soon as the proposed arrange-;
ment should be agreed to, and if it should be neces-
sary at the end of the season, they would prorld.e an
equal sum..—tilptiouse.) This v.-as the proposition
the SubJ.:ornmittec had to make to the creditors. If
it should meet their apprhbution, no time would be
lost in effecting the payments. If it should not Si
approved, there wa' no alternative ; the doors of the
Theatre would be closed. Its character would thui
be vitally woanded--it3 prospects would be more
clouded than they ever had been. Arid to the ere.
ditors what would be the result? Assuredly their
hopes wonld rot be rendered more recur!. The sea-
son, so fat at it had gone, promised to be successful.
Since the cOmmncement the receipts bad exceeded .
the expenditure, and from the exertion* which were
in progress to increase the attractions of the house,
they had every just ground to expect a continuance
of the public patronage.-z-(4pp/ayse.)
Mr. HURLSTONE expressed his approbation of the
proposal which had just been made, and his hope
that its adoption would not be impeded by any nar-
row view cf personal interest. _

Mr. NEALI:, a creditor, obsersied, that at his de-
mand upon the Theatre was for goods furnished last
season, and for which Mr: Moortipromieed hint pays
ment at the close of the season, such a demand ought
not to he included in the arrangement proposed.
The Ciratr.mAN begged to inform this Gentlemani
that Mr. Moore, who -.vas incapable of deceiving any
man, made a similar promise to others; but he madd
such promises in perfect gocxl faith, for he was ens
couraged to calculate frum his exertions, and .the
prospects *hid' appeared at the rime, that the sue'
cess of the Theatre would be such as trt enable it to
satisfy all its C'reditors, Bnt Mr. Moore incurred no
personal liability. He was himself deceived, and the
claim of the Gentleman who had just spoken, was on
the same footing as all the Others, which arose out of
unsuccessful seasons and the disappointed hopes of
those by whom the Theatre was superintended. This
Gentleman's claim must then in jnstice be included
among the rest, and it should be borne in mind, as
Mr. Ironmonger had stated, that unless this propoti•
tion to the Creditors were universally acceded to, it
would be alto ether abandoned, for such was the de-
cision of the Sab-Coinniittee.

Mr. QUIN approved of the pitistisition of the Sub-
Committee, for which, indeed, he thOught them en.;
titled to great praise: and it *as lent *a that he Lad
not been for some time aknotti, the panegyritts
that body ; but their • conduct itt thls insance WAS
truly meritorious. They feat the ditty they had au-
dertaken—they saw the di:ficulty of their situation,
and they determined utontolle saecifice, and a great
risk of their oWn means, for the purpose of relieviog
the Theatre, and benefiting the Creditors; for Jit
would say, that this propotal was renlly calculated
to benefit. the Creditors, and was as much at could
reasonably be expected, under all the circumstances
of the case. As a Ptoprietnr he thanked the Nuts-
Committee for making it ; and as a Creditor lie
agreed to it.
After some desultory conversation, it was prOposed
that Mr. Alderman Cox should retire from the ('hair,
and one of the Creditors should take it, for: the Fur-
pose of nominating a Committee of seven Credi7ors,
to consider the proposition, to confer upon it Kith
the Members of the tzub-Committtt, and to tern
the result to the Creditors nt large. Mr. Alderman
Cox accordingly raked, and Mrs Walker. of the
Strand, was unanimously cane.: to the Chair.

The proposition of Mr. :roniticmger being again
stilted to the Meeting,
Mr. PERRY expressed 'cis approbation of it. in the
most decided terms. It strang.y marked, in his opt.
nion, the liberal character of the Gentlemen' wait
whom it originated, and it was obviously calculated
for the benefit of the Creultors ; he hoped for its
adoption vithout any dissent. he situation of the
Theatre was known ; and it seas 'quite evident, that
there w.ss no chance of its aneiess, unless it were re-
lieved from its present embarrassments. It was, ill-
• deed, impossible that such an es4tblishmeflt could go
on with a load of del-, prec,ir,gipon it. He there-
fore hoped and trusted, that, from a consideration of
their own interest, and that of the great national no.
dertaking with which they were connected, the Gen-
tlemen whom he had the honour to address would
acquiesce in the proposition of the Sub-Committee.
For himself, as a Creditor. he had no hesitation in
acceding to it ; and when it was fully concluded, he
thought that, with the respectable Committef, which
superintended the concerns of the Theatre, combined
with judicious management, there was every reason
to calculate upon its tuture success.
The leetir.g then proceeded to nominate a Com-
mittee ; and the Chairman, with Messrs. Dct
Mitchell, Richards, 'Aiarchant, Weir, and Neale,

appointed.
The CIIAtttNtAN prc+posed the appointment
Perry, but that Gentleman declir.ed the office.
Mr. 111 YR I.STONE suggested to the Sub-Cf.
tkat it would be politic, wider present circa•
to give the tradespeople who were :dread.
the custom of the Theatre.—This was acqt..
and seemed to have a gcod a c. tat those prose

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SCOTCH JURY C91,7RT..

GLAWOW. OCTOIIER e.
.WILLIAM DREW, TINSMITH, IN GLASGOW, Punsuss,

AGAINST THE IMPERIAL, INSURANCE COIIPANT.

The following was the issue Tor trial :
let, Whether there is reasonable evidence in terms of the
policy of Laurance, of the Pursuer having sustained a less OD
the premises in Rotten-row Loan, head ofJokn-street, Glasgow,
and on the 'Stock arat Utensils therein contained, by the fire
which took place on the evening of-the 25th day of December,
WS, or about that time, to the extent of the tom insured by
the pacy or to what other extent there is reasom4AL evidence
of such loss?
V.d, Whether the Pursue:, in the claims made of his lc:,
against the defenders, hu been guilty of any fraud, faire rear-
icg alfirmirmg in support thereof, with the intention of dc-
fr-w.l;ng the defenders.
Mr. JEFFRAY delivered the opening speech for the
Pursuer. He expressed much astonishment at meeting
the Jury face to face this day, and said he did not
believe until he' saw the Crown Conesel fully attired,
arraigned against him, that the Company would be
so infatuated as to persist in_ their opposition. Gen-
tlemen, never was a more pitiful, a more ciisreptita•
1; le, Or more pettifogging reason given for nr,t paring
a claim. In the year 1813; the Pursuer effectei..l an
insurance in the Imperial Office Company of London,
and regularly paid the premiums. The particulars
of this policy are 1.:200 thr the building, and 4:550
for the stock in trade and uteusils as a Joanne: and
pewterer making a -total policy of L'7,50. On the
kith of December, 1816, the premises were destroyed
by fire. As no part of the house was occupied as a
dwelling-house, and as the fire took place after the
men had left the work, the flames had gained such
ascendancy before the fire was discovered, that the
house was burnt, and very little, if any, of the stock
was saved. 'A day or two afterwards application was
made to the Azinit in Glasgow, Mr. Bogle, for pay-
ment.of the amount of the policy. Mr. Drew was
unwell at the time. On making this application he
was told to make out a statement of his loss. The
person who built the house, and Mr. M,Callum the
measurer, both gave in valuations of the tenement,
and the former at more then £2OO, and the latter
£267. After :iii. Drew gave in his account of loss,
he was required to make affidavit to its accuracy,
and he did so. His loss was Liven in at 6751. He was
never told by the Imperial Company that this affi-
davit prevented hint from making any correction of
this account, although it was sworn to with errors
excepted." It never entered his head that his having
shade an error and correcting it in a second account,
ss as to preclude him from obtaining the amount of his
policy, and submitted him to the imputation of having
acted fraudulently. Ile was told that a more specific
account was necessary, and a second one was given in.
Between these accounts there was this difference, that
there were four dozen tray irons in the first account
snore Than in the second ; but this was more than

_made up by a number of•clock dials ; stewing clearly
that there was no intention to defraud thetompany.
To take advantage of sach an error would derogate
from a Jew pedlar ; for, on the aggregate, the second
:account was considerably higher. They disputed
the account in quantity as well as value. The Pur-
suer, when he found the Defenders disposed to dis-
pute his claim, begged that, agreeably CO their own
policy, the case might be submitted to arbitration ;
and the answer to this request was, that the Defen-
ders did not think the clause applicable to Mr.
Drew's case. Before examining a single witness
employed in the work of Mr. Drew, they set up a
defence against the Pursuer. The dangling and prig-
matkal fellows of cockneys who poke their snouts
into the affairs of every public office, thought this
was a good opportunity for going fo law, and that
they had got the poor Scotsman into a fine scrape in
consequence of his correcting his account. Mr.
Jeffray, in speaking of a letter from the Fire Office
to Mr. Drew, in which they told him, that unless be
insisted on his claim within eight days, characterised
it as being more insolent than any thing that bad
ever issued from the Imperial Cabinet of St. Cloud.
The error was; that Mr. Drew had mistaken four
dozen dials for four dozen trays. On this mistake
thi Imperial Office, when Mr. Drew brought his ac-
tion against them, pleaded that he had been guilty
of false swearing, and therefore he was not entitled
to damages. This was over-ruled by the Court of
-iiession, and it was in consequence of this finding
the present issue was brought.
Admissions were given in of the policy, the States
of Account, dated,elst of January and 6th of March,
and affidavit, Nl,Callum's valuation, and Botle's and
Agent's letters. The defenders also admitted that
the fire was accidental.

A variety of witnesses were then examined in sup-
port of the ptirsuer.
The SOLICITOR-GENERAL, on the part of the de-
fenders, opened his speech by complaining of the way
in which the Counsel for the pursuer had treated the
Gentlemen who had been retained on the opposite
side. Every case where a Fire Company dispute the
amount of claim, there is always invective dealt out
liberally ; and certainly this case is no exception to
the rule. It is not in human nature to mistake a tray
for a dial. We expect to be able to drew that therel
is a gross overcharge, and that the greater part of the
articles were handed over by a former partnership as
almost of no value ; being old and unfashionable.
When the SOLICITOR-GENI:RAL had rl:tished
speech, Mr. it...WRAY explained.
lavoices were read to shew that the quantity char-
ged could.not be in the premise), and to shew that it
was overcharged in price.
Mr. Cocxstutm replied in a most eloquent speech ;
and spoke in the most pointed manner against the
conduct of the Fire Company. The audience, when
he closed expressed their satisfaction by applauses.
Lord Gim.res.—The Fire-Offices, above all men,
are bouttd to adhere to the terms of the policy. The
person insuring is not bound to instruct his loss by
legal evidence ; he is only bound to furnish " satis-
factory" evidence by his affidavit or otherwise. The
contrary would put an end to insurance against fire;
f.ir it is impossible to shew the loss by legal evidence
in rosy instances. If you find for the Pursuer on the
first issue, !: follows as a matter of course that you do
the same on the seZnid. Does it surprise you that
Drew, labouring under such a calamity as recent
fire, should not make otit a claim in every point cor-
rect?' Had he made out an accurate account in every
particular under these circunStances, it would have
appeared to me to be of a suspiaDUs nature. The
surplus chews there was no proper ground of suspicion.
Tiac Jury found fur the Pursuer.

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