Star.
London, England, 1827-12-11 00:00:00

.-aistence-of 'such c.ontract was sufficient node of the
necewty of fulfilling its condition. Then as to the•
iaiisterrii•g to .lr. P.-At mxii the part in the.Ope►a that
'rod been i tended tor, add promised by the manager%
n Mr. Sincl .ir : it %could he proved that the imager
_ .

Was Mn act, no• of choice hot of necessity; alterdhstri

dela)ed the bringing out t f De, Freischrts as,itoirg es
tl•ey could. until the 14th October. Alter it 4,,l en
played a few nights, it appeared that the Om., wir)Mid
he succe4ul—..worild it be proper then in the managers
to take from Mr. P.armao that part in which te na4
obtained public 'approbation, and give it to Mr. Sin,
clair ? Mr. Sincl iir attired in town on the 16tIssOr.N.

tuber, and was told by Mr. Kerable that, in cmsscl/4.1
quence of his failure to arrive in proper time,. Jbe
engagement with him ss a: at an end. Then ai'to
Wilting Mr. Sinclair oat in another Opera, thatheriiiild
be rendered improbable by the successful multi Per
Freischkix; it would be impossible they coulatemptOYMr•
Sinclair for fiity nights that season, as they.baikat.6rsi
contemplated : but they would let him appear as many
nights as they reasnnably could, at the original lila@
201. a night ; to this new arrangement Mr. Sirttlilr
ceded ; but sub equenilyaskrd leave from Me. Kerable

to form an engagement with Mr. Arnold, of the Lyceum,
for J.,ne. This Mr. Kemble refo..ed, on the ground
that they might have other new Operas, and would re-
quire his assistance, and that be being one of the com•
pang for the entire_ season, cmld not be absolved from
. .

his du ies to their theatre. In accordance with this
to employ M. Sinclair, Mr. Kemble got up the,
Hebrew Family. a new Opera, for Mr. Sinclait's ap-
pearance, and the CeltfeetS told one. in both of which
Mr. Sinclair tailed to atirtirkt tile public, and beimpetifit
t a the theatre. Then Othiir piece, were playe4:sttass.-
iii which Mr. Sine4it -could not appAir, • and the
necessity of playingttese precluded all possibility‘of the
manarrs employing Ms..Sii.clair fin), • Ins that
season. Then Mr. Smclait askei an early Icen! %Thiel!
.In. Kenible granted, wishing to soothe hits imps cms-,
peksation far tge lost he brought on bithiarby his'own
neglect in the tertian casement ; but that &Attic he sal
not under the first engagement, but on thtkiriinistaoce
of his attending the theatre as a general perfehrati,.r-,,
Os Mr. S•n• lair's failure to bring profit to tt e
short pouf w ould be found iu the fact that qsipt
peanut,. in the Cabinet brought only 1744. to the
Atik, whereas Der beisclautz brought the "nigivi sifter
3401. Then did not Mr. Sinclair, when he asked fpt,
Lis bin:S. early in May, and requested it might hems
the last night of his appearance that season—did,h,,pat
by that confess that ne considered his original enegr,
merit at an end, by which it was contracted that he
to take his benefit illJu. e? And if he consiclel'at
first engagement valid, *1 y did I se voluntarily to
theatre in May? As to what constituted the reasoitelper
number of oughts which Mr. Kenible had promised tr
Mr. Sinclair for his appearance, the only way ro esti-
mate that question was by consid, ring it inyeferente.
to the interest of tie theatre, and the taste of the public.:

When the opera of Der Frei:clads was so successful as,
mit'ruti for 53 nights, and a cumidy called A Woliehl:
NeverVesed, bt ought good houses 27 nights, besides
riuniber of night devoted to tragedy, would it have
been reasonable or indeed 'possible for the managers Oi
bring (or ward Mr. Sinclair 50 nights that season, pat:
titularly when they could on!). 1r play" at a loss to
themselves? No man would ray so, under these cir-

cumstanees. Mr. Sinclair had no claim for compensa-
tion for 'Use first contract, which he had broker:, nor
under the -second, as it was c:ear the managers had
vmpinyed h:m every night they reasonably could
have done.

John F 4 wcett —I was stage manager of Coient•serden
in the season 1825 and 1826. 1 wrote to Mr. Sinclair

on the 21st. of September, not by authority of Mr.
Kemble or the proprietors. It is not usual to give notice
to performets of their commencing contracts. Mr. Sin-
clair did not arrive in the beginning of October.—
Dlr. Sinciair's answer to Mr. Fasvcert's letter was here
put in and read.] I wrote no ansac to this letter.—
The Opera of Der Freischmts had been in preparation
from tic opening of the theatre that valor'. It was
played first on the 14. h of October. I had neither seen
nor heard of Mr. Sinclair up to that titre; it was_per-
formed 53 nights that season. I had some conversation
in the course of the season with Mr. Sinclair mi the sub-
ject of his engagement., I observed to him that he had
come too late tor his engagement ; his answer was, 'it
was not Material, as the music in Der Freiachuts did not
suit him. I recd. ed a letter from Mr. S nclair early in
May. (Mr. Sinclait's letter to Mr. Fawcett, requesting
his benefit to be find on an early night, was hemmed).
In consequence of this I filed his benefit on the 25t6
of May, giving him three weeks notice. He di& not •
perform for the theatre atm° the 25th. nor attend the
close on the 16th of July, 46 nights after Mr. Sinclair'
left.. I believe Miss P. ute was engaged that season.; It
was the wish o the proprietors to employ Mr. Sinclair ;'
they requested me to try his streneth in the run of Der.
Frerschatx. We played the Cabinet for him on the 15. h
if Hecemter, when the receipts were 1721. TLe nett
night we played Der Freischuts, the 27th night, :intik'
brought 3531. 4s. 6J. We afterwards brought out M. 1
S nclair rig i t in a n w opera, called' The Hebrew
Family :. it was ; laird only three nights, and failed.'
We brought h m out atter in the opera of the Nerelioe 4
Land. If the receipts of The Native land were betel*
the sum brought on an average by Der Fteisclarts, irk
could not hope to continue to play The Aaiire I.sentil
with the success of Der Freischulz. . • ' '''''
Cross-examined by Mr. Beouotiam—My writing 65.
Mr. Sinclair to Edinburgh was merely an aet of civility.
on my part to Mr. Sinclair. Mr: • Pearman had press
viou ly played in the opera 'of Der Freischnis at the
English Opera, and was acquainted ailh.Vithil4.l.4ledi
it there, but not with our version a it::t .ii, cancli;
al sled. I am so ry to say, from Weter, is well inibtlain)
a. dial'gue. He had played it with applatise, consider.,
ing that i.e came after Mr. Braham—frightfut odds-
(A laugh.)—Mr. Pearman received much less salary;
.han either Mr. Brabant ur Mr. Sinclair. Mr.Pearman
did not learn it with greater facility, but with greater
difficulty rather, as he had to forget the *ay he learned
the music first. I think Mr. Pearman did not get the
music to study until after we untie' stood Mr. Sinclair
would not come.
Re-examined by the ATTORNEY GENERAL—The
opera of Der Frriachulz was reserved by us as # grand
opera for the high talents of Mr. Sinclair. My impres-
sion is, that I did not hand over the music of Der
Freischsts to Mr. Pcatman until I bad received Mr.
Sinclair's answer.
Mt. Kobettsou—l think Mr. Sinclair arrived on the
16th or 17th. I saw him in the presence of Mr. Kern
Ide and Captain Forbes. They informed him that as
lie bad arrived too late to play in I)er Freischuts, which
cii
was brought out two or three nights befoie, they con-
sis mod Ins engagement at an end. He erptessed tegtet
at it ;so did they. Mr. Kemble stated subs queiitly,
that as the operafor which his services were required
was filled up, they could not guarantee to employ hies
fifty nights, but as they considered him one of the
company, they would employ him as many nights
as they could, :without specifying the number ,