Star.
London, England, 1818-01-12 00:00:00

the King's Theatre .
qaently at the Opera-h.
Arrton, who attended
who were employed ,
music ; he was discharging the _
director. Witness had no knowledge .
music, hut from the success Opera,
deredetheotplamtiff
tuu. hat success
questionable. The
posing the Operas, 1
performers. Witnets thought te
the parts. Plaintiff attended the
usually occupied two or three hours ; a.
ed private rehearsals at the houses of eminent singers.
The Opera of Don Giovanni required a greater por-
tion of attention than other Operas ; it was ao Opera
the Italians, who in general were not fond of Mozart.
music, did not wish should be brcug it out it was
brought out by the perseverance of the plaintiff.—
Daring its peformance the Opera-house was attended
beyond all example. Witness did not know whether
Mr. Waters understood French or music. The busi-1
Lees of the theatre was usually conducted in the Italian
language. Witness was offered the appointment of
Poet to the Theatre this season, provided he would
-accept it upon the same terms as the Poet noir
named, viz.—Nothing!
Cross-examined by 'Mr. Serjeant Corety—The
Plaintiff could not speak Italian like a native pf Italy,
but he could speak it so as to be understood, Wit-
ness was the Poet, and it was his business to correct,
adapt, and alter piecei for the Italian stage. Wit-
ness believed the plaintiff translated the Opera of
Pon Giovanni into English. Ile was not Poet now:
the musical department was more successful last year
than the former year.
Charles James Ashley examined.—He had been in
the Opera twelve seasons ; Mr, Ayrton was the mu-
sled director: He thought the musical department
was better conducted last season than ever it had been
before. Thought that Don Giovanni was brought
out with extraordinary ability ; and conceived that
plaiittiff was highly competent to undertake the mu-
sical department ; it was his opinion he ought to
be very greatly remunerated for the trouble that he
had taken.
Signor eAmbrogetti examined—said he was en-
gaged by the plaintiff as a singer at the Opera in the
month of September, last year. The Opera of Don
Wovanai was got up there, under the direction of
Mr. Ay: ton ; it was getup in a most perfect manner
plaintiff took the management on himself; he thou
he was entitled to very great compensation for .
trouble ; for Mr. Ayrton had the particular qtralifie
cations requisite for the management of a Theatre,
as strength of mind, firmness in resolution, and mu-
sical judgment. Witness knew that there was great
opposition made to the bringing out Don Giovanni ;
a particular friend of Mr. Waters had said, that it
would certainly ruin every body concerned in it.—.
But plaintiff persevered, and the success of the piece
was owing to his "perseverance. Remembers Don
Gievanni being penormed without any success.
Signor Angrisani sung to Mr. Ayrton in Paris, and
sr.:; in coasequence engaged for the King's Theatre,
All his conversations with the plaintiff vrerehi
and French : considered plaintiff as admirably quae
heed to conduct the Opera.
Mr. Atwood, a pupil of Mossart, never experienced
so•great a treat at the Opera-house as during db.
last season. Thinks the plaintiff's talents are adtnie
rably adapted for the musical direction of the Operas
feet ;e. It required more general ability to fiat up a 4
Opera than to compose it ; he does not dunk 11...
self competent to the task of such a direction, but
he could undertake it, he weuld not think himself
paid by less than 10001.
Mt. Ries never remembers the Opera so well co&
ducted, or was so-well pleased with it. - Thought
Dun Giovanni better perfermed last season than be
had ever seen it abroad ; thinks• plaintiff unconal
nuttily well qualified as director, and well entitled
to iouol:
Mr. Welsh said, that if he evere Manager of the
Opera-house, he should thiak himself fortunate to
retain Mr. Ayrton's services for 10001. He also said,
that he never knew Operas so well got up thront,h-
mut as hest season, which, Mr. Waters stated to hum,
had been a most brilliant one.

Mr. Arnold, Proprietor of the Lyceum Theatre,
knew:the irarious talent required in the management
CA. an. halian Oivra ; and from the representations of
last season, was convinced of plaintiff's great ability j
for the office of Director, and ascribes the extraordi-1
naty Sli.cess of the season to his exertions.
• Sir George Stuart gave evidence to nearly the
samteffect.

Several witnesses followed, who all proved that
Mr. Ayrton was entitled to a very large compensa-
tion for the trouble which he had taken in the musi-
cal department of the 'Theatre.
Mr. SCAILIASTT here finished his case.

Mr. Serjeant COPLYI rose and made an able de-
fence on the part of the defendant. He said, that
with regard to one observation which was made by
his Lerrned.Friend, namely, that the Gentleman wlso.
•was the defendant was well knowa in the Courts of
Law, in consequence of the litigation which ..Ite was
carrying or., .he was quite sure the Jury would be
satisfied that Mr. Waters was not influenced by a
spirit of litigation. This-was not a question as to the
general merits of Mr. Ayrton, which he allowed, and
what Ayrton would be entitled to receive ; but the
questi,.n.was, what was the specific contract entered
and what sum Alai.; Gentleman was to receive
by express stipulations ? • If he proved what was the
extent of the remuneration he was to receive by a
contract, that would be the measure of the damages.
In 1816, inconsequence of the personal infirmities of
Mr. Kelly, who had superintended the management
fur a ppecrinod of twenty-six years, it became necessary
tr look for some assistance with respect to the stage
rnanagement.z..not the general management, bat
with respect to that department. in which Mr. Ayr-
ton was engaged for one season for the sum of 404
innee...iatety after this engager. ent, Waters proposed
toil.g to in order to strengthen the corps of:
p. Artgnier- but told Mr. Ayrton distinctly, you are
not to.expect a remuneration. That was the propo-1
eion he made to Mr. ivrton, to which he conceded.:
Mr, Ayrten, 'having conceded to .this proposition,
went to Paris, and, .to a certain degree, assisted in
tkc selecting of verficsaners for a short time ; bat it
was found that a Mr. Von*, who was on the spOt,

end part Then
to the. second part, namely, what remuneration. this
Gentleman is eniitled to receive in consequence of
his services? Mr. Kelly, who had been Manager
for ?6 years, had never had a salary of more than
4001. for all his various duties. Mr. Arrton, who
merely took under his direction the musical depart-
ment, Vas en aged at a salary of 4001. 'Br the
assistance of Slr. Lc es ha should prove that Mr.
.Ayrton was engaged at 4001. for the season, and the.
Jury would say whether or not that was really the
contract between these Gentlemen ? 11
Charles Lees sworn ; examined by Mr. Serjeant
Coetii.--Said he was an assistant of Mr. Waters.
Mr. Ayrton was engaged in September ; he repeat-
' edly told witness that he was engaged at a salary of
114001. At the period of the regociation of the Noble-'
men and Mr. Waters, Mr. Ayrton- begged of him to
mention to Mr. Waters, that his 4001. should be
changed to 5001. and instead of Iris name standing in
the book as Mr...Ayrzon, it should be changed to
William Ayrton, Esq. Mr. Waters objected to the
alteration of the 4001, to 5001. Itut he mined at the.
alteration of Mr. to Esq. and übspted it. Mr. Waters
afterwards made a proposal, to witness to go to.
France, when he recommeri4ed Mr. Ayrton, and
afterwards communicated Mr. Waters's proposal to
Mr. Ayrton, which he accepted very willingly ; and
added, that if Mr. Waters would pay his expenses
there and back, be should be glad to go. .11ftr.bis
communicated this to Mr. Waters, and he went. lie
was absent about two months. Mr Waters said he
would pay fcr every thing, except Mr. Ayrtonl
amusements at Paris. The morning after his retto4
witness saw him ; and on asking what had been done,
he said he had scarce had any thing to do with the
engagements which were made by Mr. Waters; and
added, that as for any assistance he was to Mr. Wa-
ters, he might have remained at home.
Cross-examined by Mr. Seaeosee.—Held to si-
tuation under Mr. Waters. His connection with him
was afiiendly one. He did receive a gratuity for
what he did. He assisted Mr. Waters in the manage-
ment: he received no settled reward for this. It
was quite at the discretion of Mr. Waters. He had
received large sums from Mr. Waters for a conceter
in the City. First became acqininted with Mr. Ayr-
ton about the beginning 0f.1815, when he came to
the Theatre with Mr. Perry ; was not sent by Mr.
Waters to Mr. Ayrton. Had no recollection of hav-
ing said to Mr. Ayrton, that no man could exercise
an active employment, in the management cf die
Opera House without becoming a confirmed liar;
would positively swear he did not say so. Witness
said there wept different kinds of files ; being much
pressed upon this point, said that he rneantrectherecei
lies, or lies told relating to orders of elnussion! It
was necssaary that a person becoming .conne.4ed
with a Theatre should sometimes state that wlach
was untrue, with a view to meet the objects of the
concern. Mr. Ayrton was not modest in his preten-
sions-.-the reverse. His saving he was of no utility
to Mr. Waters must therefore have beta the pure
conviction of his mind. Did not know Mr. Ayrton
till 1816—never heard of him before; defendant at
that time engaged plaintiff, at witness's recommen-
dation! Did not tell Mr. Ayrton he should only.be
detained ten days. Mr. Waters wanted a companion.
This was after the contract for 400. Did not know
that Mr. Waters had offered any money to Mr. Ayr-
ton ; knew that Mr. Waters made two appointments
with Mr. Ayrton, who did not come to his rime.
Witness sometimes wrote letters for Mr. Waters,
which Mr. Waters signed. Witness, objected to ap-
plying to Mr. Waters for a written contract. Wit-
ness said, in general terms, that -he was sorry the
action had been brought. Did not express his regret
that Mr. Waters had obliged Mr. A yrton to bring an
action. Three payments were made to the perfor-
mers at the Opera House: twice during the season,
and once afterwards. had no recollection, that Mr.
Waters said to Mr. Ayrton, when the negotiation
was going on with the Noblemen, " allow me to put
your name down for 8001. per year," which Mr. Ayr-
ton declined, having no such engagement. Mr. Wa-
ters neither understood French, Italian, or music; re-
collected a conversation with Mrs, Ayrton respecting
Mr. Bonelli being met at Paris by Mr. Waters. Mr.
Ayrton had been instrumental to reducing Signor
Bonellis demand for agency. Mr. Ayrtan wrote the'
preface to Don (jun), nni.
Captain Waters, the son of the defendant, deposed
that he accompanied his father and Mr. Aytion-to,
Paris ; all the expenses of the journey and mainte-
nance of all parties were paid by Mr. Waters. M.
Bonelli was Mr. Waters's agent at Paris ; he was con-
nected with Illadarac Catalaeis Theatre. Mr. Ayr-
ton's opinion was occasionally asked ; but M. Bonelli
made the engagements. Mr. Ayrton went to four or
five to hear them sing.
I Madame Fodor perforated at the Opera licnise
while Mr. Ayrton was Musical Director, Mr. Ay,
ton insisted upon bringing out Don Gioteosei, wittek'
was much opposed. She chose her own part, by tft
consent of Mr. Ayrton, in this Opera, but afterwards
changed it to the part which she ectually did pee:
form, by Mr. Artois's recommtridation and aavice,
and had good reason to be pleased that the alteration
had been made.=-On her cress-examinatium said,
that she had been reconciled to Mr. Waters by Mr.
Ayrton, and engaged; during the lest season, at his
instance.--Mr. Naidi was sworn, but not examined.
Mr. Mahew, Solicitor to Mr. Waters, proved that
Mir. Ayrton's contract had never been acknowledged i
by that gentleman.
Mr. Michael Kelly proved, that-he had beee7 4et,H
ing Manager of the Opera Hoeft for one and tv.ro
years. He received for his laborers, veitkh eompriersa
the complete superintendence of the house, music,
arc. 4001. or a benefit at iloary-lane: or the Opera
House: he also sung f est tenor for thieftritinmaty'
Wu ill during the time that Do,r• Glow Nei was, get.'

MN