The New York Herald Newspaper, December 26, 1859, Page 2

2 , NEW YORK HERA | Nite —The defendant, Witham Stuart, is required to | mapagement of tho Wiater Garden was tocluded fa the Se eed : ; et a which be aud his gaid wife had been playing the last week; | @lons, actually resi his pXroe ia the theatre by rea. | & iD,’ twee of viz: “Dot “ = THE OCTOROON IN COURT. | Anewer the interrogatories numbered respectively 1,2, | cogagement of your wife, and the use of Your pleces, she | s+ bir B. they eutered the Pood Badeuald thatabe | om of brcuch Of faith and fair Geasie on the part of Boury bed ait bulleitien ferations, yey permed we | 8,4) b aud 6 having declined to appear to-night in The Octorde,”” «the prefs oivided wightly; whereupon Pishis wuld | clcault, "He further says, thas abow’ 4 P. M. on Decomber } -of the “Cricket om the Hearth” and Renee nthe btiew United States Circuit Court. Southern District of New York, s3.—On this 1th day of | unvoubledly umder your direction, 16 a palpadle violation Jeault, “The agreement under which you are piay- | (be 14th, bo received # notice from Byurcicauit, directivg | for many years tu this country and jn Eugland; tw: ry Before Hoa. Judge Ingersoll. | December, A. D. 1869, boiore ie personally appeared the { of your oonteact Besiies, the course you bave pursued | icz Was your owu proposition, It iss fair and houesous, | Lim tw prepare to play tt the ono act Inrows of the State | “Dot” and “Smiko” derived their success altace ey ne aes ae | above named Dion Bonreicauit, and made oath shat be | in your department bas led to disorder aud unpleasad ord 1} will carry it out io fawnees and justice to ali parties; | v8. Perk And the “ Conjugal Porson” om that night sively from tho excellence of the artists engager fo ue AFFIDAVITA AND COUNTER APFIDAVITS LETTERS | has roa’ the above bill and knows the contents theres’, | vers in the company; ant, abovo all, you have appa. | ibe oply sing notarranged l the ‘amount of the wookig | instead of the * Octoroon.’” That the ® Octorvon’” Winter’ Garden; that ‘tho third—namely «4 Fo AND COUNTEX LPTDSKS INTERESTING THEATIIGAL aly) (lot he Same is true of lis own kuowlodge, except as | reilly beer uctuaud with a deairo wo Break down the | wiomay expenses; Sluart says they aro over $1,000— | been publictly advertised for porformaves on that eveu- | was a trauelation from a French piro, und had long boom BQUABHLE- MOTION FOR TEMPORARY INJUNCTION | to the »attors which aro therein stated on L' iuformation | theatre, to compass some purpose of your own. You have | ci ray they aro. $1,800; you had Bettor lot Nagor | ing, and that if any other picces, especially pieces of so | played before tm the: Uniien aes wid Catlods thee tae DENIED—THE D¥AMA SHOWS SLAVERY AS A SO: | % vel, ond ag to those matters ho, believes it to be | eemed to for that there was any other intorest taan | (iho treasurer) value ‘them, and thas shall be the | trivial akind, bad been substituted for it on so short no- | only pleco produced ‘by him for vo Witeer Garden mt all IAL FACT, WITHOUT INTENDING TO SHOW ANY | “ve. your own to conserved. Tt is, therefore, necesgary | tum; but T will not change the’ agreemoot go as to divide | tice, it would have necessari ly resulted in disappwiatment | equivalent to the emount of money be received ie iat Past, ee abate |, Sworn and s.\soribed before me this 17th of Decomber, | that you should give place to some other person as stage | every night;”” ta which B replied, that he wife objected, | to the public and serious injury to said theatre. ‘Oetoroon,”” which, theoghgthe main’ inoideme ss takes oF 173 Poul SRABINGS, RTO. | obs. BR. E. Sriwaut, United States Commissioner director. You will please take votice that your gerviovs | tt Le was willing to abide by the agreoment; that, atier APFIDAVIT OF MR. STUART. from the work of Mayo Redd, in lugeniousl ‘const Deo, 23.—Dion Bourcicault ws. William Stuart and efrere follows a certifloate of copyright, dated Dec. 12, | aa stage director cease from the recaipt of this notice. 1 | this conversabon, Fielis directed Stuart te write to B. ‘William Stuart, being sworn, says:—Toaton the Lat of | #0 & most eifective piece; Mry 4 poet, Thomas C. Fields, Public Administrator.—The plaintiff 1859.) uvé inform him that be (Prelds) was wiltiog to Ox the or. 7 , im this cago is the well known actor and dramatist, and Lafarge; that requiriug certaia | forth ix the abovi ‘Trustee of the Winter Garden. of Swart wrote to Bourcloault the letter annexed to the annexed to Bouroican! the defendants are respectively lessco ana trusteo of the | mete ate TS i othe oh ie sean Waosramar, Doe. 14,1859, | fluavit of Bouroioault Bereta, and marked (F), wo whicn | mopey® st ipulated in bis tease to be ald out by hia for ‘ne | art says that he Winter Garden theatre, This motion is brought for an | This agreement, made the dret day of September, in the Mr Desz Sin—Mr. Stuart has hanjed mo your note, the | Bovreicault op the same cay’ replied b: ‘t agreement for injunction restraining the defendants from performiny tho new drama of the ‘‘Octoroon,”’ for the reasons set furth in tho complaint and other papers read by Mr. Booth (as. ‘sociated with Mr. Cramm for the complainant), and which | | The affidavit of Mr. Bourcicault ombodies the facts sot ear ope thourand “ hundred and fifty-nine, botweea hion Bourcicault, of the city of New York, party of the first part, and William Stuart, of tho same place, party of i tbe second pert, Witnesseth:— Whereas, tho said party of the second has taken a | Jeaze of the theatre now Known as the “ Mecropotkan thea. have appointed another person to the position. —¥. &e, i THOS ©. Fikups, contents of which surprigo mo. You have entered into an engagement with me to givo the servicea of your wife, yourself and on certain terms which, by your ac- ceptance of terms, you have to. inder your own band ratified. I now require Mra. and yourseif to perform in said piece, the “Octoroon,”’ this Ginary expenses at $1,860 per week In puranance where- or, & of which is bereto annexed, marked (eohedule 2), aan said Stuart replied to this tast by the letter aupexed to the said affidavit of B., add marked (B), but that tho last Jet. ter was written without tho know! or Fields; Bourcicault made no heira of the late John him by certain friends, who havoalways been ready to aid bimin any Laesaseyry, ig cero} A successful result; a ’s request, desire of the Thomas C.’ Feld. sonsented. v0 act as July lust he took a leage of the Winter Gardon, from the read the affidavit of Bour 4 therein stated, that St La COURS! to alter the same, and submit tho nt so alter cault’s attorneys, whiok waa d Mo Me. Bouret. to y marked (E), bat with bw wife in the ‘0c- wanced; entirely feeling was done; Chas mens are a8 follows:— | tro,” from the exeoutors of the last will aud testament of crouiug, and shall awalt your answer tit lx Polock, | turoon” “aa vsual, abd matiers went on accordiug that Felis uadorlo this rex, aoa aa singe pertoriped if prseept feces was sever signed by ‘Stuart or deliverca: ‘To mm Hoxonastx Tux Junce oF THR Cincurt CovRT OF | John Lafarge, deceased, for tho term of (lve yoars from | When, if no satisfactory anawor be received, 1 shall pro: | to the terms of ‘the A 9 whe onerous duties thereof; deponent having the utmost | '? 1 OF ever assented to in ite present form, and Fo_L mam stants xOR us Sovrunay Disruicr OF NSW | the first day of September, one thousand eigbt hundred | ceed to make such aFrangoments as may become uoces- | fem himself or wife, untit the th of Decomber, | Sonadeuco in the uprighwem and honor of ielder { tat, on tho ‘contrary, on being shown-oame by tan) Youn:— | and fifty-nino—It is agreod by and betweoa the partias | #ary by reason of your refusal. Yours, &0., when Fields receive Bourcicault ds ‘over to him all his intorest ia | Coussel, some timo the cominencemont of this ag- Dion Bourcicault, of the city of New York, a resident of | horeto, that during the said term of sald lease—to wit, five THOMAS ©. FIELDS, marked schedule 8, to which be replied by the letter | the theatre, and all the aud proceods | 02, deponent to execute same, ou the ground thas. the State of Now York, brings this his bill against years from the firet day of September next—the said party ‘Trustee of the Winter Gardon. marked gohedule 4; Bourcicault dod in the letter thereof, i Ri ner of it, tho control of the thoatre was in the hands of Fields; that ‘Thomas ©. Fields, and Willam Stuart, an allen, and com- | of the first part aball render tho services and ma the ‘Tho injunction argument will be heard om Wednesday. marked schedule 6; Fields wame day, or next wish entire power to mako all ments and agreo- | Stuart has not in bis nor haa his coun- jaunt and maye:—That he is a dramatio author, and bas | duties of atage dircotor of said theatre, and shall under. | _ MISS AGNRS RORERTHON IN AQOOUNT WITH WINTER GARDEN. morning in the letter marked @.; on the 14th day of Do: | Teme ing eame until he Ohinols of the trust should sel, any counter the agreement executed by ce for a Bories of years ongags in the | take and have the whole control of theatre, except Receipts trom Deo. 6 to 18th, inclusiy $4,320 09 | cember he (Fields) patd, through Stuart, to Bourcicault, | yo 5 ‘Stuart bas since then confiued himself to rt }, and the alleged now ip the hands feasion of dramatic coimposition; that in the of | that of the treasury aud box oillce department; aliall give | Less oue woek’s oxpenses as por $1,127 96, for which B. gave a receipt marked schodul | following, to the best of his ability, the wishes of Thomas it, was returned tojhimn by Stuart’s coussol, 1669, and anterior w the 12th day of December, 1859, to said ‘Of the second part the aid of his advice and ment, $1,800 00 6; the money was paid to B. at his request, and on the | © ieids, ‘the representative of his ffiends; and though | 2 juence of a stipmiation by him with Mr he wrote and composed a drama for the stage, obtiied best superintondence of the season, select the artiste aad same day, be (Boursicaul) delivered toBontt or Nusor | £, Aude the re ive the sum of one hundred dollars a | Fowler, one of the Ia of Bourciesult, that same the “Octoroon; or, Lifo in Louisiana,” the said drama | pieces, and make suggestions of all kinda for the proma, 126 08 212 0 the letter marked sebedule 7, pur to be signed | week under the iced of trust, while {t continues in force, should be returned to if mot executed by Stuart. Deing im fiye acts; that he was.and is the sole author | tion of tho best interest of said theatre and ite manage- ous 89 60 Agnes R. Bourcicault; what to be a copy of that “ho bas never drawn one cont from tho theairo, but con: Under these circumstances Stuart did strike bie thereof, And your orator further showa that the de- | ment, as may come within ecope of his boat ability; | 168 amount as agreed on. 76 00 14 60 letter annexed to the affida Bourotcault is incorrect tributed in every way in his power to the euccess of the | through hie name tn the paper, writing aa he had @ rene foudanta, Fiels and Stuart, are respectively tho trustee | the raid party of the Brat part to have the whole, sole and | Less ove week's superaum'cs. 71 60 previous to that letler to Stuart or Nesor | Undertaking: thai one of bis chiof objects in to trwuafer. | $0.40, Dever having execuled in Its present form; tad and lessee and tetor of @ theatre, Known a8 the | uncontrolled management of the im all its depart. | Less amount as agreed on, 25 00 and after Bourcicault received the money, h ‘all hia tm the theatre to Fields, was thatthe | Bourcicault was of tho circumstances above de- Winter Garden, which is open for public enter- | ments, with full powers to discharge ‘and for good @), without the knowledge or consent of Fiolds plaintiff might be enabled to contract direct!’ with Fields, | tailed, om receiving the paper writing, from the hands ef fainment, and that tho same, and the entertainments ( causo, from the employment of sald party of the second withdrew | the ‘Octoroon,” the performance ©: | and that an objection expressed by If the management of the “ Winter therein given, aro, and at tho times hereiuafer mentioned art, all persons employed, whether artists or servants, ‘Total. which had already been announced for that evening, any dealing or contract with Stuart hi be removed, | Garden’ are now prevented ying the * ” were, under the soatrol and direction of the defen- | n the department of a party of the firet part; that all ‘Migs A. Robe and substituted Pieces; aiter the delivery of the Deponeat as read the affidavit of Thomas. Fields, which | i will cause them great loss aad irre dants Fields and Stuart, this complainant being atsaid times | pills, announcements and ivertisements of every descrip- New Yors, Dec, 14, letter of tho 18th Bourcicault left with Naser the oF | ig, to the beet of his information and bolicf, strictly acou- » a8 deponent verily believes. That they have manager thereof, Aud your oe further shows, ; tion relating to said theatre, shall be mado and done by Er.&. 0. EB memorandum marked echedule 8; about four P. M.of | rate and true. The terms of the contract’ theroia ataied | 1epended on the success of that play alone, and the other that on the sixth day of December, 1869, he had in bw | said party of the first part alone, but said party of the | Om bebalf of the defendants, Mr. Jornegan (associated | ‘he 14h Stuart bowed to deponent (Fields) the lotr of | to have been made between Ficlda aud plain bc dary by Bourcicault, to compennate them fer the manuscript of the sald play, andes the | second part shall always have @ voto upon all 80 } yin yr, Field and Mi Richard ss the 18th, and him of Bourcicault’s withdrawal | 9¢ the “Winter Garden” on the ig of ansucoesaful: adaptation of old and well je manager as aforesaid, aud in pursuance of bis | icctions of entertainments and announcements; but : of O'Gorman) read the fol | of the “Qctoroon"” and substitution of other Where- | October, are stated; Fiolds had previous. | XDowm plays, put on thelr stago by said Bou Toy wider Goa cat aoenind deme aabh omens said party of the first part ia not authorized ur | lowing affidavits and tho exhibits attached:— upon Fields immediately wrote and sent to Sourcicauit the that they have now uo other entertainment ready to arcen, to inci said theatre, or to give or per- the wish A therein correctly informed deponeat that be desired his peenenee at an Bi walt ratify ‘apy expenses on bebalf FFID, letters, copies of which are annexed to ‘s afl- cf on tho stage which would be at all likely to draw houses, is performance ont the thirieenth of Deowmber, 1860, | mit to te given theres Soy ete eae Tomas C Fielder Ore er orig ADMINISTRATOR. cavit, marked (L) and (M), and algo gavé instructions to | interview between him and Bourcicault w rulify an | 204 would bo driven to produce old worn suet inclusive; that on the twelfth day of Docomber, 1689, af | Gr the of the second ‘And. is farther | on the 6th of august: 1960 Be woe tants, Sept THA! | the dourkeepor not to admit Mr. and Mrs. Bourcicault to | cfu aud Stuertent down togeiier at the tableas he back | suchas suggested by ald Nt, which, at thie sos? eee tne Gene eee nae oe | Bgreod and ‘between tho said p: hereto, | in hereby | the theatre if they arrived after six o’clock P. M.; and | Orthe box ullioe, it then said, “Me. Stuart, I, | #02 e@pecially, woujd the’ reputation of the ent of the State of New York, ho deposited in due form | that bert It, wife ‘the to an agreement whereby the lease of the “Winter Gar- tbat, a8 he {s fnformed and believes, they did not arrive | 2 x ; Bourcicauit the: , » § Ty | Winter Garden’ and leave ti without public su 4 Under the laws in regard to copyrights, in the office of the | caid of the t, shall dur Gout ihen held by Stuart, with the theatro and appur- | ‘nu! ten minutes alter six P, Mand after Ficida had boss | Ht Bight, made a proposal to Mr. Ficldé for our future | 1," ne” Swart has teas eonwere with Boureleanlt lnk ott Cpr or ake. Southern, Oik f | farm Ne cofege, ply ant py agen sore ine tendnoes, was anid to im (Fes) in trust to ncure blige employ otra take the plaass of ‘ie, Bais on a Lohersener Uiestrcoarue vinkooepace! Yariousinctrical relations for three years; aad vitrng : | period of ten weeks in and six weeks in the | tained tan Ahi } 1 aod Mire. reicault in the performance 6 *Octoroon" ou should be present, and we theretore fixed to je various agreoments with q he claims as author and propriotor, a certificate of which | spring of each year, ducing the term hereb: ted; but & clause. which provided that he (Fields), on the | that evening; after Bourcicault had received the letters ha Q cault, and that he has never known of any sgreemont se. te berousio annexed, named GGN made eto t ae i year, y granted; breach of any of the stipulations in the agroemect to ‘be 5 meet here to day to come to’a formal ratification of this , Pilani that he folly ‘complied Wek meee part, of this | in case the reocipts Of any ten consecutive aights of Such eh marked. (15 made by Bouroicault which be waid acts for securiog to bimeelf the copyright of the said drama. And your orator further shows that, during the yertod of three weeks prior to the fourteenth day of Said December, constant negotiations and efforts were being made by your orator 10 come to an agreement between and him she said defendants, by which the services of Agues Robertson Bourcicaulf, the wife of your orator, a8 an actress, together with the use of the engagement of the said wife of said of the first ‘Shall in their gross amounts be ‘een tank four (eoue doilars, then said party of the second shall have the right to terminate that engagement within six nights there- after by giving written notice of hia desire to that effect. Said party of the second part to give written notice on the det of July in each year when the fall engagement is to commence, and on ibe Ist day of January in each year when the spring engagement is to commence; and ‘said performed by Stuart, might take absolute and exclusive possersion of the theatre, and take the oxclusive contro! ‘and direction of the same, and of all the performances therein; that the deponent acted under the provisions o! the agreement trom about the 6th day of August, 1859; that “Winter Garden” was opened ani performances commenced therein about the 4th of September, 1869; thas in the third week after the performances commenced the plaintiff attempted to pre and faye directed Mr. Nasor to say to him (Fields) thet ) would be there that evening to perform his duties as stage manager, but that ‘irs. B. would not be there; Nasor communicated this before Fields gave orders not to aamit Mr. and Mra. B. unless the; : agreement; Ifeel that myself and my wife havo been treated very handsomely by Mr. Fields, and Tam anxious pieced om, & better footing; I propose that on and after the expiration of the ten weeks, the regular expenses of the theatre should be made up at the close of each week, and that the profits of such week, if avy, should be divided betwoon the manugemout and ourselves (meaning himself and wife)—the losses tw bé borne by the management; and if there Bourcicault) did shen in letter or in spirit, Stolate, or evade rp bn nge. AFFIDAVIT OF FERRIER NASOR. Ferrier Nasor says—That he is and has been since the opening of the Winter Garden treasurer of the same, receives the money and keeps the accounts thereof; thas during the thirteen weeks which the theatre’ hag been open the plaintiff and his wife have received in cash. £ : re | great aigappoiutment to the public, and {ts withd should be any extraordinary expenses over | $8,075.64 for their services, and the net profits 10 the sai draina, were to be furnished and rendered to the ma- | Stuart may in ns option prolong each af toece o- | jUdice the mind of the deponent against Stuart, by mak- | Coder tho circumstances, threatened by Bodroicaa “eA t ¢ | Management of same have decn only about $2,350 90, hagement of tue said Winter Garden, aud that the said | ments for such further time as ho may desive by ming | ing tebretentations tn relation to the conduct of Stuart, | WOUes pine, yarelmmaanees tmrculebel BY Bourgeanlt, | and obeve, which we should think it righ vf me mabsgemeut, the defendants Fields and Stuart, were to pay Aud allow therelor to your Orator, a8 compensation, « sum equal to the ove half of vne excess of the weekly receipts to the said party of the first part fliteen days notice in writing previously to tbe termination of each or any on- which the deponent has since discovered to be untrue, and ‘at tbo same time endeavored to persuade the deponent to discharge-Stuart from bis position of manager, and to take Garden and the utter sacrifice of the interests of the cre- ditors.,who weregecured by the assignment tothe deponent toincur, that these also should be divided between us. I prooose under this agreement to bring out on Dec. 5, @ new five act American piece, on which tay mind has been ADULE, Bouroleault declines Mr. eon My Dear Fairnp—Mre. Piola? Offer, She aleo declines ony offsr whatever wat is based on & gagement, but such prolongation of said engagement shall ion of the theat tolude (Fields); the frequent manitestations of bad faith on the | Gwelling for the last three or four years, in which, of | Weebly. set 1, for my part, do thesame I have of the eaid theatre, alter the sum of $1,800 should have 3 Poseeesion of the theatre and efclude Stuart from all pos * of Bo Wt since he entered into the agree- i ch, OF | topped the Dill for to marrow Bighh, alld will mest you at the first been deducied for expenses, ‘That during the rat | pelyteh a io weds, unless by special agroo- | seesion, management and control, to which the depoaeut | P! urcicault since he en: into the agi course, my wife will play, and, if possible, "myself; aud ak ee ar Of said week said arrangement was assented ta by the de ! fendapts, Ficlos and Stuart, aud pettlement had in acoor i | *0Ce therewith; but that your orator could not obtain or | Procure apy written or distinct agreement or arraugement With the defendants, although he had constantly en- | deavored fo to do; but the defendants evated and | avoided all and every effort on the part of your orator to Gflect such agreement, while, at the same time, they re- | ceived the benefit of his ‘labors and thosd of his | srife. And your orator further shows, that during the | vwoek ete on the 4th day of December, 1859, he made | constant efforts £9 ome to some distinct arrangement | and agrocment with the ce.chdants, and Bae Sa | to use and produce bis drama, éntivied the “Octoroou,” | but that no agreement was or could be consuritmated with | the said defendants; and that on the 14th day of Decem- ber, 1869, the defendants dismissed'and discharged your Rexed to these presents. Tho said Agnes Robertson Bour- cicault ig not, however, in any eveut, to bo required to Play between the let days of may May and August in any om) unless specially agreed upou in writing. And it is creby covenanted and agreed by said Bourcicault, that neither he por bis said wile, during the term of thia lease, will play at any other theatre in the city of New York during the season for the sad theatre. And it is further agreed by aud between sav parties hereto, that said | party of the first part shall receive and be paid weekly by said Stuart for Lis services ag stage director as afore- said the sum of one hundred dollars per week for each any every week throughout the season, and to have two clear half benefits, one in the fall and the other in the spring of each year; that for the services of the said wife of said party oi the first part said party of tho second part is to pay weekly one hundred dollars for each and replied that he wag a fricnd of Stuart, that Stuart seemed wiliiug to do all he could for the benefit of the theatre, and that deponent could do no act so jmjurious to Stuart without good canse; that in the week following, about the 10th of October, 1859, the plaintiff again applied to the de ponent, and insisted that be (Field) should take the eatire porsession and control of the theatre; but discovering tua; a5 ate of personal fecling existed between Bourcicanit and Stuart which rendered it impracticable to condact the theatre in such a mode as would be profitable to the par ties interested, be applied to Stuart for permission to take possession and copwol of the theatre, and assume the ex- Clusive responsibility thercof;and that Stuart expressed his willingness to do all in bis power for the interest ot the parties coucerned and assented to the request and deli- vered the entire possession and control of the theatre to bim (Field), and authorized him to make any contracts and do ail acts witch might be necessary for the gucc?sa- ment with Fields, bis frequent attempts to violate and evade the agreement, and above all, bis withdrawal of the ‘‘Octoroon” immediately after he had obtained the arrears of bis pay, and at an hour so late that heaupoeed that it would be impracticable to prevent the miscbief, a1 convinced the deponent (Ficlde) that {t was the defiga and intention of Bourcieault by such withdrawal to ruin the Wonter Garven and sacrifice its creditors, whose micrests Were entrusted to the ‘a or ‘Fietde), and for wis rea. ton, and because the influence of Bourcicault over the ar- lists employed fo the Winter Garden rendered it easy for dom to carry out his design of ruining the theatre it he Was permitted.to resume the mavagement, the deponent deemed it his duty to-discharge, and did discharge, Bour- cicault from his office of stage manager. The foregoiag statements contain a foll, true and accurate eccount of the entire contract between Bourcicault and deponent, and of the correspondence and negotiations im relation Tapticipate that it willrun to the 15th Jaguary, at all events. E think it will ran more, but whethor it does or not, the management muat carry it to that period. Oa Janvary 15, Isball be prepared with a great Jerusalem piece, called “Judith and Holofernes,”” io which I shail picture the destruction of Jeruealom, which 1 have al ready planned ip my mind, and which Texpect will be even a greater success than the other.” After speaking further of his expectations of the great success of these plays, Bourcicault said: “Now, gentlemen, I wish distinctly to understand whether this is an agreement or not?” Whoro- upon said Fields turoed to me (Stuart) aud sad, “What do you aay?” To which }replied, “Certainly, I think it » fair arravgemert.” Fields then gaid: “Mr. Bourcicault, we accept your proposal—that, sir, is an ment, ‘and Iwill carry it out.” Bourcicault then said, “I will give orders to painters, &c., to prepare for tho piece,” and the interview then broke up; I have a clear remembrance entertam- vropuee to rehearse, wa all DION BOURCIOAUL?. Woven Ganben, Deo 9, 1898, ‘al! future misunderstanding, let form what we expect frva each cy . I believe that we have mace trouble by want of explepation. J ‘that Mrs 0. shall play the ne Uctoroea, for thirty vights, of which she has alread: layed thi aod. shall receive fee the useut the ploy dusiag inet period. sad for her services thereia, « sum equal to ove haif the exerus of the weekly receipts of the Garden over $1 80; except in the se- ¢ond, third and fourth weeks, in rach of which aball take place & bevetit one for me and two for her. In each of sald, ‘third snd fourth weeks you sball pay one bussed and Atty Jare over abd above whatever abe may io renalve ihe te atthe bey of eee ag as ubeve mentioned. & eum to me for woenery. p operon, £6. parchanes, by me oe Ww. G., ww for wl Said orator and his wife from any further connection or | every night auring ber engagements, and to give her two | ful management of the theatre; he immediately comma- theretg. The contract made between Bourcieault and of the interview, and believe that the above is almost ox- Mr. Stuart's ; and further, a sum of employment in the theatre, and wholly refused to permit | clea? half benefits in the fall and tws clear hait benedis in | nieated a6 Booreicault the: ines thot, he aad eek picnol- Sarcoma a meen neces Taig RS 5 foal auid | actiy the isnguage used by the parties at the same; a fow Sih ser prepmetion, salpde arcane: Wee Actor and sage manager, or to havo further conaegeon | (he, SENIE. of evel. year, dnd tis farther agrond | sionand received such authority; that during the time | $a™'G “Amoune “ot ‘weekly oxpenece, wan not | 2e3salermards | was present atthe interviow wate | mh did ig ey opel pats Sts cuit pa eed en ot ’ ie] | during e cement that 8 Ge; a " st . Jel - ly, 80 ount of ma} Or employment at the theatre. And your orator furthor | Wat, during Meall dramas, produced by, the, party |. crite eens uruing the ceponeat jeeX | stated mt any. fixed time; that it was an ex- * 7 respectfully shows, that the defendants, designing and in- | tending to defraud him, and in disregard of his rights | did,on and after the fourteenth day of said Deoom- | Der, continue to represent your orater’s w¥oresaid drama, entitled tbe “4 | Winter Garden, and have nightly ee Theatre; $08 | ‘ty of the first part, tre first part aaah his (the said party of the first part) performances on tie stage shail be taken and con- sidered to be included in, and paid for ia the said remune- ration above provided; that for all other work to be done, or services performed, by said pare &. the frat part, be- end those specified bereiu, shall id for as extra, clusive possession and control of the theatre, he had stated to him that in consequence of the personal difficulty which existed between Bourcicault and Stuart, and the ol les which that difficulty occasioned to the successful manage- ment of tho theatre, he was of opinion that the theatre could be more succecsfully managed if Bourcicault would Prees term of the contract that the piece afterwards called the ‘ Octoreon,”’ should be written by Buurcicault for the Winter Garden, and performed as long as it would draw; thatit was written by Bourcicault unser the con- tract ‘for the , and all the terms of the contract have been punctually and faithfuily obsorved by the do. sent, which is narrated in the affidavit of Mr. Jofferson, which I havo read; the interview and the language of the parties are correctly stated in the affidavit to which I re- ter; I was present at a conversation between Goorge Jami- son and Bourcicault, soon after Jamison had arrived in New York, at the request of Bourcicault; the substance be Bald off at the end of that period of five weeks. “And us we ve had scme conversation relative to ® of the. said five works! engagement but nothing detiuite, eltber under atocd oF agreed upom, and also a ccnversaiion ‘relating to © Rew drama to susceed the present, I suxgest thst you should Seareaply patermang, tee | don0k ie Ti Re yiige ther 1y OF or in any eiber sense, bow Joose conversation rand shtid you cow and language of that conversation are correctly stated in cop’ we have a caused the same’ to be publicly enar” \ Specially und mu on, au Ponent (Fields), and that to enjoin nim for the perform- } the affidavit of Jamison; Bourcicault, in answor toa quos- | these matters to remain thus undecided you must not hereafter Although your orator has forDiie" i a 6. eerie | Dut Dot 0 uacemede in wring. And ite horeby uader- ance of the ‘‘Oetoroon’? would be attended with the irropa q £8 call on me to consider you ‘ coraered” that tbey sttit persist in contiv~ tinue, sich unauthorized + alng, and threaten to con- | ‘.epresentations, and have pub- + Stood that the words ‘the season,” as used in these pro- dramatic Dleces, to which Bourcicant roplied that he would make such an arrangement wth him (Field), but not rabie ruin of the theatre, and the loss of the debts which tion of mine, then and there said that I might hoe ioe ve DION Bounciodour so. Yours, very truly, Dear Sin—I decline to relieve yon ef the moral and legal ts, and to be applied hereafter between the parties | with Stuart; that after he bad taken exclusive ‘possession been for three years comnected with theatres as mana- 'b t sxiy announced tho efor continued future it. { horetor hall alwaya be taken 10 monn at least forty-five | and controlof ihe theatre andhadnolided Bogrcceuias tne | SEP nt entisely distinct frock the arocemeat or Angeeng, | Get and aan well acquainted with tho custom prevailing | Iepelly entered inte ite teat” Detake's tot ot etree ‘tation, in opel ation and disregard of tho rights of | weoke la each year, snails reed ie Raut eas rey hen Ua eence rperieg | emigrng wero se 1889, Date daar ana: Panoemiinmentan ae potion the managers of bg Benet ge ad oP Weeks (at thn thoa epg poe a ‘our OTelOr, t afore- be kept for at least each . follow: : that after @ ‘the % variable custom weebly beyond ‘sbided: Ba a ee Eee owe; ata dee reDre | ‘i rnaioatos sheratlons of the provisions of Those engagement of ian weeks which Brora ana ha wile | (olan iat be cousfered tan agrecineat between han, | DLS 20™, Dy Seen by an author to amuager its | Soeagemet a ear ecards wid eu, tn ener sent ct jal fact, without intending to touch | presents, which may peat er peat wero then playing under Contract ef September 1, | soir Bourcicault) and Stuart as valueless and vold, and reseed to tea, i ‘agreed of te ition! bearing, ‘but only to use its dramatic | time, and may be mutually agreed upon, shall be made | i559, he should agt as-dtamatist and stage of H it rung, or, in other werds, ax long ait continues to prove ‘December, ths. “, of its political bearing, but only | time, i ted, and be endorsed upon | the theatres ‘one. reason that Bourcicauit ‘on deponent (Fields) | Iucrativo to the ; 1 never ang} that the “ene : the first’ public representation of sald | only in writing, ly exeouted, ‘0; that, Bourcicault should compose two for making the“ ment with him was, that he (B. 5 terms of pera pire ‘the press insisted, to the chagrin and | or annexed to presenis. And itis further agrood | dramas for'tho use of tho teatro, to be produced under | fF Making the ‘agreement mwas) 3) agreement would be calfoa'in question n down tothe period theatre, whatever ai tment of your orator,on ascribing & political \ significance to the incidents of the play of which your | ‘when con the ‘ties hereto, that if any difference A ame aa wo the tuo and fair ‘construction of this in- hia menagement, two of which dramas were mentionod, 07% to be en! ‘Judith and Holofernes,” and the other ‘Mr. O'Gorman then read the following affidavits on be- the prodi toroon,”? 5 i It had previously, from ‘part thereof, or the substantial . ‘Miseiaat and which . Stuatt:s— time to time ob; ‘to items of the weekly expenses, same for any Calor was UMCORACICTR we ee Sad Diag ety | ramen oF any Vere thorest,, whether in its Fetter or Sherwarag eaguga igh matt dette ee Fee but without questioning the validity of the agreement, 7, the Oke, ae eius to pent feeling; tbat y has proved ofiensive t | spirit, the matters in ae we ee Suay, era shoul Se gir! aoe arate ras \ Louies Savage Gat abot Na ec iia: abit thee Pate bg "4 Sia Sethi Sellars sc be 5 : tratora to be cl t . an ° ag. sree many of the public, and thet is rorer tho eity and coun. | tho frat part and one by said Party “* qo second part; | duced shee, and at oF about ihe it of December, 2880; | Seen. for smo tine oppged ta the Wintr, Gafden tat | tained an nlary a the daciarge of oy, "dae, an to Teeny ana uced mi ‘bitrators A he said for the eptertainmen: nding services Deceral a A 5 cont r salary, she was presence ary upon your orator a8 ite author» & rem said orator | arotntore} shall eelect © umiret asd the Aacing or | plainlif es dramatist, tte ploces produced, the services of | tice, ebe consented to © play the part of Zoe in the play of | unable to appear, Bourcioault atiting thet ho was uot goin he | Expenbes communications have eee the withdrawal of the | award of any two of th: three go chosen shall be binding | /his wife as actress, and of such other OF porsons ag | the “Ootoroon,”” wh! arlene a bl played by 40 support sick actresses; he also objected to other fale te and to his wife requ ‘against tho samo; that its effecte | and conclusive upon the sai parties, and the party 1 | tho pisindi should procure in ber Biaco, the deponent yecattmatal aie aca caries Tins ,°° 9- | items in the weekly expenses; the amount of the expenses | therefe: ‘Agreement to play, and rem ite ‘acts of the defendants herein | whose favor the Said finding and award shall be given | should pay to the plaintif (Bourcicault) one half of the | c¢m! spiyet Ese fax lotsa net soe bas | becamo thus a subject of discussion; Mr. Bourcicault de- e the piece and sour wife's services on the terms of al ve been, = fags $9 be, rreatly ininw!o 2 45 the o + ghait be at liberty to outer dgmaent gn the same, in he net weekly profs of the theatre, besides one hundred | never rece if any nine Lette! ee or 8 or in- | siring to fix them at $1,800 a week; ifr, Fields and dops- 228 after $1,600, all extraordioary orpeneaa—tat i, expeasea pulbpty of your orator as a d@matic suibor, and vo your | Supreme Court, wiuouf any Turibes élice lo me suit | dollars wor weok: for Rowralgssl¥e servigee af stage | GroWMOne OF ROY ind, atcting thd play Sf tending to | nent (tunes) at ® higher amount; finally, in a discus. | Pestnd whal wefe ool down in 2uraniinate aca basa for Ax. orator and his said wife a8 actors; and that by reason of | recent oCurreBOes and cvents, the said play atthe pro. | Bent tine Can only be represented to the great damago of | wert}, and no legal steps will bo taken or penalties in- curred as between the said parties until such arbitration shall have been had, and a deciston thereunder obtuined. director! that The engagement shouia endure a8 ioug at least’ as said Mississippi plece, afterwards cnti- tled the “ Octoroon,” would continus to draw profitabie ‘9m playing the part, and bas not now Sn¥ fears or reason to beliéve that any such threats will be made, or any threats or inducements to deter or dissuade sion at Mr, Bourcicduli’s room in theatre, and in order to avoid further discussion on that point, it was decided that Mr. Fields should write to Bourcicault vided. 1 abide, also, fernea”? to si ent as to “Judith and Holofe wo benet agreem piece. With respect to the cault te entitled, a Thave - . ; rm is her from playing eald part; she says that before assuming | the amount at which he would allow such expenses tobe | t#kenduring ber engagement; you fixed then a day yourself our orsint} Aid ike, eat Cn ee nego eee eee ee Seen ee ney 1800, and ist both Bvarcizauit and wing | tbe Part of oe she played another part in the play of the | fixed, and by direction of Fields 1 wrote letter markga F | (honda od emycunced one Ot fe Poms fot ues aay, pee Sustaining great and irrep#VAbie Hui evsaid defendants | wttmet bames W. STUART would leave the tieutre at any time the deponent should | ‘‘Oviorceyf? that the play bas been from the beginning | in piaintif’s exhibits, to which I received a reply from | CPiiemecs ober was cleats woe right a eee thee ‘And your orator further shows, Tat roe SDossossion of a. | DION BOURCICAULT. | Tequest. The deponent also says that he them accepted | and is noW attended by’ large, and, to all appearances, | Mr. Bourcicault which gave me the first apprehonsions of | howd uke the renee Ge whe, Gey se eg i ee have surrey go id play, the property of your Sealed and delivered in presence of Taos. CHzsHam. the said proposition, and the terms of the contract wore | Well pleased audiences, who have received = play hfe Mr. Bourcicault’s desire ry ovade pe eee ex reed Jog a rie socal salty gue, ot x Sent § tae. ore oe ear ney Are using acd employing the same PURLIC ADMINISTRATOR'S OFFiCK, thus settled between the parties on the 10th day of Octo- | Pctfect kindness and every demonstration of satisfaction; | which is attached to the afildavit of Fields and marked £; wi Wwe She hace : a ir said theatre without the ponsent of your orator. | to thelr Gale maior furiher shows, (wat the defendant, C. Fields, siaims to be trustee of the Win. | ter Garden, apd not to be responsible for the labiitios | thereof, but claims to have an entire covtrol and direction thereof. The exact nature and extent of bis trusteeship your orator is gnorantof, and cannot, therefore, more par- 27) Broapway, New York, Noy. 26, 1859. PD. Bovracavur:— My Dear Sin—Will you have the kindness to send me B statement of the expenses, as you tn os thom up,.n0 as | exceed ei unde ek. | cies RR ee THOS. C. FIELDS. | SrATRMENT OF EXPENSES WREK ENDING NOV. 30, 1859. Nov. 26 To counterfeit money taken night of Nov. ber, 1869; within a few days after plaintiff suggested to the deponent that the contract thus concluded should be assented to by Stuart, and appointed tho hour of eleven o'clock, A. M. for that purpose; that Stuart and deponcat (Field) had .an interview, at which Bourcicauit recited ‘the agreement as haying been concluded on 1@th of Octo- ber, 1869, and then said: “Now, gentlemen, I wish to she further says that she has resided from her youth Principally in the State of Virginia, and is woll acquainted with persons from the Southern States and the sentiments they are likely to entertain, and sho says that she does not believe that anything in the play of the “Qctoroon’? would be likely to elicit any throats or offence of ariy kind to her or any of tho artista in the play; she also says that about balf past four o'clock on the evening of the 1th that Fields being absent trom town that evoning—it boing the eve of the mayoralty clection—and not likely to be found until jate next evening, when the piece was adver- tised to be played, I wrote to Bourcicault a letter (marked | F in plaingifi’s exhibits) accepting from Me. Fields the sam designated by Bourcicault himself aa the estimate of ex penses, viz, $1,800, and asked him, if not satisfied with that, to name what sum he would’ desire the expenses her engagement. By that agree! : ‘ton to your tabing one of your two benetts in the third seek oe m oe oon.” Your cenenoe fed Cena ae ent of Iwo sums for property wa uy YOU, com sidering Bae pow in the theatre and that ‘you have derived almost exclusively the advantsges from it {n every sense, deem urreasonable, I have not seen the bill for $315, and do not know what it is for; I never rived the purchase. Whaiover ix juslly dne I shall be ticularly desiguate the game; the other defendant, Wm. Fo OO en ee eng preounat: Dative aacy | December, 1868, she received a notice through one ef the | fixed at; that he handed hia the noto ia person, to which Tere seis tae thea ee eee Stuart, is wholly insolvent and unable to respond) jn ai paid for tou of coal 5 00 | whereupon the deponont (Ficld)-sald to Stuart: «“Whatdo | ™eseengers of the theatre directing her to get ready to | Bourcicault replied that he would take the estimate of | then or to ‘Tdetire: te addition “tr erate tintootiee teeaae datoages for the aforesaid wrong and injary comm Cash paid . ‘ou say Sogart?”’ to which Staart replied, “Certainty; 1 | act in the farces—Conjagal Ieesons’”” and “‘Rathor Ex- | $1,800 be had proposed, aud said, ‘Tell Mr. Fields I will | by thie ugreement honorably and iogaily entered ints, It yom homes 0.1 Oe orate eriicen Beaart, the defendauts Jodia rubber banda... 100 | aioe ik RUF to” all” parties,” “and. deponent said. | Cilod”—for that evening. | ocala tS ay Rerecmant tances hice Rick weekte canst Meera a eaaeeate enero ae, Re dane rncmarPained and enjoined by the duo process of this Stage fare, H. Hale. to plaintif, “We accept your proposition; I con- AFFIDAVIT OF MISS SECOR | Gecmoicanl hed Sear eee onan tie wale Of hones | mie, veey truly, THOS. C. FIRLDS honorable court, will continue to act, perform or repre- N.A Spot meals for grine - ne “= a ia itahsas to et Lr ‘si Sorat ‘ Bead Secor Leiden’ Ine ae pe ot) aes Seth ment, but merely tame in the weekly. estimate of airiethe “Of blu New Yous Deo, 12 1880 y thout r’s cousent, , t shamer for flowers he $ 5 5 a A for some time engage er Garden; that s! i. a “ EAR SiR—On submitting your letter of y ment yon Oe at tare hatin gr ” | ‘ov, de 40 Ine: seronties 2. 428 | that about ono week after tho contract was made, aad | played the part of ‘Tuibedeau ia. the play of ths costo, | exPeMECS, and it was olcly for the purpose Falta at the Wiuter Garden or elsewhere, to the eae and irre- ts in the pra- | For half dozen swail brooms SSSSSALENSRSBSEesess while plaintiff was still acting as stage manager and’ dra- | of avoiding diacussion ag to the items; that the proposition savlee, eave deen fnformed that you ae no in «condition at > 1 i ‘1 prevent to wake any valld engagement for the Wint F Garden— rable damage of your orator and Lis rig r . poon;}) that she Has frequenlly spoken with acqusin\siios. | +) Dime a fixed ecm for. weakly. expensea was scoapted b F interest in the eolablishment however g’ Pabes; whereas your orator charges that be, having a Paid cartage from stage door... 43) | Matiet, the plaintill produced for the uso of the theatre a | from the Southern States on the subject of tho play, and | fo name o Uxed au objecHom: wascmaie-on/guch anbject: | be eiicanteta Whol toe oon eanin ete ee complete right and title to the drama asthe author and | For gas fixtures. .....-...+.+.++ burlesque, entitled ‘“Chamouni,”’ which proved unsuccess- | has nevor heard from any of them, or from any one ey GHEY vebsciyoitaslaitoe Protec temecieatt questioning the | count-of the management, nor cine Hy it be binding om Mr, proprietor thereof, and of tho said copyright thereof, has, | Noy-25 Baker, Wells & Co., for lumber. 16 ful; after the faiture of that piece Bourcicault sent for de- | any expression of disapprobation of the same, or any ol legal right of Fields to. make any agreement, a copy of | Siewart. Yours, truly, by reason of the premises, the sole right to act, perform HL Haley fAF0.... 06.266 Potent and Stuart, amd staled that be desired to consult | the sentiments or characters therein; that, oh the 22%. | which fetter is annexed fo tho aidavit of Fields; fear- |p gt perretve gay thet Mr. B DION ROURCTOACLT or represent the sume, and pe gpd it to be so acted, | For cord for show cards. with the management as to what should be dou; that ho ‘wary, she kuows that many of her acquaintances from | ing from this loter and his goneral knowledge of the un. ick re bs, ae ee ire. B. andself continne to receive performed or represented. An oe orator further Noy,30 For salary list. 1,854 (Fields) and Stuart accordingly had an interview with the | the Southern States bave frequently attended the repro- certain character of Bourcisault, that be wns mediating 6 letters: ‘(Uetoreon.’ shows, that he is greatly injured and damnified in respect | One week's rent ti Plaintiff, who stated that he pared nothing which septation of the play, and expressed themselves pleasod | fome attempt at extortion, by reazon of the theatre Doing Recelved of Willan: Mtaart ei, hi mh / et Nees ty to the profits, other advantages and benefits which belong One * a could then be produced to take a ‘piace of ‘Chamount, with it; she never oe eden does not now enter. | at the’ moment in his ‘power on the 12th of December | twenty seven able ibe tM five potas Delay ‘aemeon, to the exclusive performancé of the drama, and wil One $700: | Ove tes eee eee er eta nat, approntnaios Of recebying aby wirenk Or nduod:. 1°) sccred front dtr. Cline, say pwompler of aie Uaowkre, tan: | Seatered oy hac ne permeate Tok op ee: Bema ee be greatly injured and damnified if the said defendant One ” over the trough of tae sea,’ until the ‘Octoroon”” could | ment to deter or dissuade her from playing in said piece, | copy of the -Octoroon,” which was the property of the | date, for sik nights ‘performances and ait nighte representa be not restrained from the performance theroof, all which One * 84 ‘be got ready; wheroupon the deponent asked tho plaintiff | and she docs not believe that any threat was really made, | COPS, of | the, Getoroo Copied aud on the evening of the | Henkar the “Cclocvod:” Siig 86 DION ‘BOURCIONOLE. actings, doings, pretences and refusals are contrary to how long he would require to get the “Octorooa” ready | or intended to be made, to or against any of the artists | {ed 7 dey on which the copy ‘was made, Bourcieaalt did | ™8eeopy. F. Nason, equity and good conscience, and tend to the manifest in- Total....... sieved 92 and place it on the stage, to which the plaintiff replied | ¥ employed now or at any timo in the play. Jsee—in con- ik onding Nov. 30, 18 sales. 80 | Mee aokse' tha tenants eats ee ea eee take the original copy of to ‘play from’ the theatre, and | Sim—t decline to PRR RO es jury and wrong of your orator in Ca prone ef | Receipts for weel pest pe rv. 30; 1'062 08 | distinct understan, a Mbat le art ‘write the AFFIDAVIT OF MR. CLESHAM. ‘i under the pretence of alteration, endeavored to get pos- } in daily receipt of lel threatening me with violence if I sideration thereof, and for ag much ag your orator ona | . Deduct expenses as above . spin a of the “Octordon”” for the Winter Garden, ana | _ Tuomas Clesham saya that He is one of the employés in } gesaion of the music of the plece, which was arrauged by | contine. to, appear in the character’ Mr. Bourelonlt sis te only have adequale relief’ in the promises in this coat to 906648 Neve it, trends enter turn ‘a, “he | Said Winter Garden: that it is his duty to take charge of | tho leader of tho orchestra of Winter Garden soicly for | stalled in thesame master; 601 go on tho stage vighily im the’ end therefore, that the defendants may, if they Balance... 3a Be A pe hepa eye that house during the day imo, when no performanaes | that thenire.; on the morning of Docomber 14, aud up | fea" Gisome guirage ether'opon ay Busbend or niptel can, show cause why your orator should not have the re; | Amount half gross receipt we ee ¢ 8) — 7 os yee we ize Sicns, are going on; on the evening of December 14 depouent | to noon of that day, Stuart was about: the thoatra, olf beg. a cite ks Lae lef prayed for, ald. may, on thelr respective Corporal | ins AGNES ROUERIBON I ACUOUNT WTH WiNTEs Se eee suing those five weeks, which Pro- | haa charge ot the stage door; Mr. Bourcleault, accom- | and on, during a part of which timo Rourcicault, was | feeypuvle of cq. KONES & BOURCICAULT. cathe and aeoording tO the Dest and wim at fan, | eee from November 80 to December 6. 44 | Position Bourcicanlt accepted; tho next morning Boarsi. | Sohieq ‘by bie wite, applied to. him for advaission atthe | tn the tbitize.‘but-no, esenmuniontion, was thon; wade” us : ‘Deo. 2; 1800. knowledge, remembrance, information and belief, balls} , pee of “Nicholas Nickleby,” and thot it conus | stage door at ten minutes past aix o'clock, and not before | Stuart by Bonrcicault; on his roturn to the theatre, about I suggest to W. Btoart the following bill to-might:—-"Gonjagal true, direot and perfect answers make to such of the in- | Leas one wee 191,000°00 sence ot that he aid not tne eee and thas in conse- + that time, or that evening: that he, according to nstrac- | haif-past threo, Stuare reccived. tho lotier purporting to | LdssngST tse. argent the follom De terrogatories hereinafter numberod aad set forth, as by otk OS Seen of th a nol eS cot = ure ae tion by him received, dec! ined to admit them; whereupon | be from Mrs. Bourcicault; inmediately on receiving same | thet Mr. Stvart Mrs. Word, who is now p! the note hereunder written they are required to answer, 206.08. Hatereoliods Nery: walicet deuivtacaonnde, cccintcols sAueieea Uneerwucaways tine Darcie reais Fields, and tho correspondence thon en. | atthe Arch street theatre, ‘brit I have reason two believe could te. ve eats | a $s Pg repos teas nar ekay | Spo apy fr wmaion on thearo on ta rong | pdwhih saad sie sahil OF Pe nat Se. | nfo toe Ruri J ronare bag Mc" Whoaly 1. Whether the defendants, or elthor of them, find ii 60, +4 by the first week in Docember: this last conversation wes | Wntil the lume above mentioned; and deponent furihor | art immediately applicd himsolf to procure othor artists | Now, under the croumistances, let her go. She. has ° which, have not a, manuscript copy of a drama in Ave | bud about the 224 day of October 1860" kad To enna was | saya, that other pereons wore near him at the stage door | to supply the places of Mr. and Mrs. Bourcicault, which | yuguses” end (Jenny D hOG eee acts entitled the «¢ aerate dees Louisiana’? and | bebe mer douent itso vcarrietca thinithenlee Dhow srg Tonccicanhvand Wife presented get for sa he was with diffleulty enabled to effect in time; and depo- Pan Bag Not Miss Secor for Misa Morton's part in “State va, ao eras wok the said manuscript play put ih Fehearsal at | expenso from that day until the 22 of November, 1850, | Mission as aforesaid, and that he thon and there called | nont verily believes and arors thatif ho had not been | Pawbing id Winter Garden, and publicly produced on the boty said theatre on the might of the ixth of Decem: bes? Was it not nightly enacted at the said theatre on every night shen the said theatre was open to the public, ‘until the fourteenth day of December , 18597 } 4. Was it not also represented on the night of the 14th, 16th and 16th of December, 1859, and subsequently there- to, at eaid theatre? 6. Was not said play publicly announced by you, or ons Excess of expenses over receipts. Siw Youk, Deo. 14, 1550. kOE ta i F. NASOR, Treasurer. { ‘Wrvrer GARDEN, 667 way, ) New York, Moxpay, My Dea Bovreravit—It fa now the eve of tho pro- | duction of anew picco on which a large sum has been | expended, and for which other artista have been engaged; you when the ten weeks engagement of Bourcicault and his wife for that seagon expired; during that time the expenses: of the theatre exceeded the groes receipts by the sum of $2,260 60, which the deponcnt (Fields) paid; on the 23d day of November, 1859, Bourcicault commenced to act as stage manager and d?hmatist of said‘ Winter Garden,” and his wife as actress, under the contract made between him and the deponent on the 10th of October, 1859; previous to the 28d of November, 1859, the plaintiil intormed do- ent that he had composed the attention to the exact time at which tho occurrence took place. AGFIDAVIT OF GEO. W. JAMISON. George Jamison, of Cleveland, Ohio, says, that he is an actor, and in November, 1869, he received a telegraph despatch from Stuart, one of the defendants, requesting him to come toNew York and-play a part in the play of the “‘Octoroon;”’ that on his arrivalin New York, and in order to make an arrangement as to his salary, he asked ‘Stuart how long his services would be required in the ‘Oo- able to obtaia such artists, and the ‘‘Octoroon”’ had not been played that night, thal tho Sajury_ arising from such breach of faith to public would have resulted in the ie ruin of the theatre; that doponent, fearing that Bourcicault waa permittod to enter the theatre, or in apy way interfere with tho stage management that night, hia wife having refused to play, and another artist hav. ing been substituted in her place, soms miscoaduct on his part would havo Jed to ill feeling and con- fusion, and have impeded the action of the ‘When the affidavits were read some desultory argu- ment ensued botween counsel; after which, The Court intimated thet time would not admit of aay further considerat’n of the case at present. In cases of this kind, Wb%re there was a sorious. conflict in the affida- Vils oD bach side, and whore it was alleged that tho de- fer.danta had expended large sams of monoy for the pro- ourself proposed sharing, after a oe sam the “‘Octoroon’’ for the 7 wie pts Ramada! #0 Boardicatie bad tay; Bo : i himself at the st door. duction of the piece in queation, the Court would not be ‘ j the 14th and | | @ sum, and t night inter Garden, and on the 6th of December, 1669, it was | toroon,”” whereupon Stuart turn Play ; Boucicault on presenting to! Age ') | willing to grant a proliminary injunction; tho defendants ms! pee the bila Sc fe Sore oe aan and | weekly, = on ipl alt,’ ‘Mr. Field hes for the firat time produced on the stage; on or about No- | asked him how long it would be safe to — cs La after six: clock, Wa, by ene of Fields nnd } produce ailidavits to show thet this drama was written for days, a8 tho play of Dion Boureicault? and did you orono | namweohe. You deoline the cao we nanae 38D nue? ac | vember 10, 889, be Feoeived from Bodrcioaalt 8 written Cerne ») eet hake he) Pai ray pert ctf loser ys Se teinien ‘iat Sod ae paper {he | their theatre and I their benoit, This is denied by the a e 1. this {is not to re 0 Weekly expenses: @ theatre A alt that ac Mrs. B. Jaintif, and the Court was unablo at it ‘any- SEE a ee Le raisclcareenrapaiiatietter Fased ha rere ovieaas itis you require. J write this poe tated sum of $1,800, bi the receipts over that { 2nd Stuart thereu gacitiet the same to him faa recelved thy eats*to deter them, 2 ‘or olther of them? Pp al Present Say any. night thereafier at, said Winter Garden, until further notice? ; 6, If it was #0 represented or produced, was it unter lest there might be any misunderstanding as to conversa- ‘ ions, Will you kindly send your sere eee 80 amount should be equally divided between Bourcicault and deponent Cage te consequence of the receipt of eee) he forthor says that on another occasion cicault told him that this pl4y would, according to from play's g their ts in the ‘Octoroon”’ is a mero pro- tex’, nav¥ing no foubdation or truth; that Bourcicault had thing delidite ia the matter. It seems, however, that the Piece having been ce by being played upon the stage for sevoral nights, the author iost his copyright. At. any agreement? and if so. is the complainant to receive Yours truly. this proposition, Fie on Boureicauit and told | bis belief, run threo montbs, and in all probability would + frequently asked ee dnring tbe performance of tho | Here is a sorious conflict of testimony. ‘The Court would fe any compensation for such representations, or any or Ducemnme 6, 1859, him that ho did not olyect to the general features | go six months, {Octoroon,” to use his influence with certaig newspapers | Jook into tho affidavits and hear counsel further on Satar- tither of thom? and iso, what, and how much, and when? 45. nein Borncrcavit—Mr. Fielde desired me last night | of the proporition, but desired a clause inserted, to AFFIDAVIT OF MR. JEFFERSON. to attack the plece as an abolition pleco, and thus draw | day next, In the meantime, the temporary injunction is And that the said defendants may be restrained by tho | to write and state that be consonte, as yon desiro a fixed | the eifect tbat to the $1,800 should be added all Joseph Jefferson says that he is an actor, and has been | publie attention to it; that Stuart docs not bolicve that any | donied. Bt tnjunction of this honorable Court from the pablic per- | sum, afer which to share, to name $1,850 per week, | extraordinary ¢xpenses, such as extra advertisoments, | for some time engaged in the Winter Gardon; that he waa | one received offence from the play, or any part thereo’, | Mr. Jernegan admitted that thore is an “irrepressible \ formance or representation of your oralor's arama, enti: | which L trust you will deem fair. extraordinary ex. | salary of actors en; for special pieces, a proper | present at a conversation between Bourcicault, the plain- | on the eontrary, Bourcicault stated to Stuart, afew days | conilicy”’ in the subject matter of the aflldavits. led the * Gotoroon,” at the Winter Garden, ia ths ead, | pwusee wuically decvod os be Incurred 0 bee matior of | suid for retling up tho pcan, cn; to which “Boar. | Uff, and Thomas C. Fields, one of tho defendants, on the | before he quitted the theatre, that two hundred and forty |/° "Adjourned to Saturday next ‘city of New York or elsewhere within the jurisdiction of | mutual arrangement. Yours truly, W. STUART. | cicault replied such was the agreement, and it was | subjcet of tho arr ent between them; that previous- | medical students from various of the Southern States, | ‘this Court, or causing the same to be performed by the | ‘WINTER GakvEN, 667 BROADWAY, all right; Fielde then, in poncil mavk, ineertod jn the writ- | ly to the interview tho theatre had been josing heavily in after witnessing the performance, had given enthusiastic | 8 me Court=Circuilt. dramatic company under their management and control New Yors, Dec. 14, 1859. ten proposition a clause to that effect, and said to Bourci- | consequence of thd failure of piece called ‘‘Chamouni,” | cheers for Bourcicault and tho “‘Octoroon;” that Stuart | Supre’ “ at the said Winter Garden or elsewhore, or any other My Dear Siz—After for two months recognizing in | cault, “I think it will now answor;” Bourcicault which Bourcicault bad provided for the theatre, and the | baring bad charge of tho front of the house during evory dramatic company within th juriediqjon of thiscourt, and | every sense my right, as trustee of the Winter Garden, to then examined the clause inserted, and said that he did not failure of which had entailed a ver, Before Hon. Judge T. B. Strong. heavy’ expense | hight of the representation of the pleos, has nover san eine 4-cinw that the di ts may be ordered to keep and'ron- | Taye ements, and ty 4 azeo! nt 50 OX; that he, | on Field; that at the interview, said Field said ‘to Bourci- | or heard any token of disapprobation, but, on the contra- DAMAGES FO! A OHILD. der an account of the receipts. or proceeds of the per- | Ftating af the time that you dnt oc: cnabenbenoud pans Soureteeat cn at rooney able for the ex’ | cault that he (Field) would continue to sustain the theatre 1y, the play has been acted 1S pod hanes) who rooalved | . Dye. 22.—zalward Hughes we, Michael J. Green.—This ix formances of the drama already had (Since and | ‘solicitor, I cannot understand how now you can disclaim | penscs.of the theatre; to ‘which Fielfé replied that he | and pay the current exponecs, on condition that Bourci- | the samo with every mark of enthusiastic gratification; | an action for damages for the death of the plainti((’s child, insluding the 14th day of Decem| af) 1859, and of | your own recognition and ascepiance of such right. As | was willing that Bourcicault’s solicitor should modify the | cault would provide him in five weeks with a play which | that the conduct of Bourciosal, as stage fe OF MS | aesty amin Soighen), aged ton years, ‘ondned by the “ such mances of the same as may Dereafier be had | trustee, in full and actual possession, under the “deed of | clause in accordance with that Bourcicault | Bourcicault had proposed to write, descriptive of lite and | theatre, was oppressive and offensive to tho artists; by fi s negli. St aaid Winter Garden, or elsewhere, by sald defendants, tryst, Poonsider that Ihave valid ‘right to make aod | them remarked that his original ment with Stuart | incidents in the Southern Statea, and bring out the play in | reason of such conduct, and a series of petty annoyanices | gence of the defendant. It appearod that the plaintif ‘nd to pay over the same to your orator, and thai they bo | engagements as that onterod into betweon us ama T beg | contained a clanse that no e: exponges should | tho Winter Gardon at the oxpiration of that-poriod, which | on tho part of Bourcicault, Mra. John Wood, a popular ac. | owned a frame house at tho cornor of Fifty-second strect ordered to surrender and deliver up to Age orator all | t9 jnform you that I can maintain and establish woh tight | be incurred without the consent of both parties, or words | would be on December 5, 1859; that Bourcicauit then | tress, was forced to leave the ‘ Winter Garden” to the | and Fighth avenue, and that the defendant was a con- copies, or transcripts, or man: of the said | by the miost uncontrovortible evidence, Uregret very | to that effect; depovent replied that he never seen | agreed to the terms, and promised to produce the payin great injury thereof; that the decrease in tho receipts of Cie nde and fin March, | 1868, was engagod in min | with the manuscript music appertalaing | much that youor Mra. Bourcicault shoald experience any | that original’ ment; on the 80th of November, 1850, | tne Winter Garden at tho expiration of five weoks, which { tho theatre in the week after she left it was al. } rocks; that a piece of rock was blown through the roof to the name, in their yon he be decreed to pa: Annoyance from anonymous communications, oa er? per vin Bourcicault the hereto an. | play was subsequently by him produced, and ‘called the hough the same continued to, be played; | plaintiff's houge, deseended to the basemont and struck orator his costs in this guit; and thatthe exclusive 1 that fait, however, in the intelligence and the good foel- | nexed, aud marked (echeanle 1); tt consequence of tho | ;? that Boarcicauit, as etage manager, attended | wards. by reason of such misconduct of Bourcicanit and | tho child on the head. She died in a few hours after- and tho right to act, perform and represent | ing of my fellow oltizns to believe that if the writers of receipt of that letter {i called om’ Bourcicault next day, | to the bringing out of the play, gave directions to the ar- | various breaches of faith on his part, Mr. Jofferson, rd ; fama, may be establ end that your ora- any such communications could be discovered they sould | ant mated to him the conversation above referred toie | tisis engaged, and acted inthe same for one week, unui | a popular actor in theatre, also twice resigned his or the charge of the Jndge the jury rendered a yor. iA a her rot a Tit id bf wig; | Meet from the whol community the reprobation and | Yolation to the expenses of the theatre, to which Bourci. | Dec. 14; that tho ‘play of the “Octoroon ’” continues to | place, and was only induced to romain at the earnest ro. 000 damapes for plaintiff, may require. Honors to grant uate your orator not junction, as requested, but aleo a writ of to tho said Thomas ©. Fields au ig them, severally, by a cor certain penalty therein named, to honorable Court, to answer in Mand receive whatever may to your orator will ever pray, kc. . DION BOURCICAULT. — a is required t arg G@euihored respectively 1,2, ry puvishment they deserve. Yours truly, ‘ ‘THOS. C, FIELD, Trustee of the Winter Garden. To W. Srean, Ksq.s— Si—1 decline to appear any more in the “‘Octoroon.”’ 1 regret to find that the pisce has given offerice to @ portion of the public, aud my part in it especially, I reevive con- tinvally letters threatening me with viclence,and when 1 go on tho etage I do 80 in fear of somo outrage to myself orto my husband. Therefore I beg te withdraw the play. Yours truly. ' AGNES ROBERTSON BOURCICAULT. New Youx, Deo. 14, 1850. | Dias Borrewaver, Bq. : Fibers SOW WDgrgsmon, as cing: dinceloy Wika hy cault replied that he bad consulted hig solicitor, who advised him that there was a question whether the agreement between deporieut and Bourcioault aid not make ‘Bourcicault personally Jiable for lhe expenses of the theatre, and advised him to divide the profits daily, instead of weekly—to which Ficlds replied that if he (Bourcicaalt) was liable under the weckly arrangement, he would bo equally so under the daily; to which B. rojoined, “Weil, let it go at that;”” after the lust conversation everything Went on under terms of the agreement without objection on the part of B. until on Saturday evening, the 8d ‘of Decomber, whon B. remarked to Fields, in the presence of Staart, that Mrs: Pouricault w as not satisted with the 7 which had oR Soacivied Deiwccp Deurcicnwt awd Fields, wader draw good hourcs; that no sign of fee (ais ap of the piece or any of the sentiments therein ever escaped the audienSe on any occasion of the representation of the play, but on the contrary, every cvidence of satisfaction and good will; that the incidents m tho “ Octoroon ”’ aro identical with, and as ho biieves, were suggested by, a work of Mayno Reid, catled the “ Quadroon,”’ wherein a slave sale, Missiesipp! steamer on fire, and trial by Lynch law form the leading featurcs; and deponent is informed and believes, that tho detection of a anurder by means of a degucrreotypo apparatus is tho lead! incident in’ @ modern Brench vandevilic ; that conduct of Bourcicault as staga nae has been offensive to the artists engaged ‘i the Win! Garden; and that he (Joffirson) biwsqit, on two occa- qnest of Stuart; that Bourcicault by this jlino of action was gradually making tho 9 wolely dependent on himself and wife, thus cnabling him to exact what terms lie required; that Stuart in ont into any arrange. iment for tho services of Bourcicault and wife, was not induced by their ability as actor and actress to pay them the large amount fey, tare réoeived, but by the reputation of Bourcleault for clever ness and cunning fo adapting gr for reprezentation; that Bourolcault did not furnish for the Winter Gardon such pieces as he had promised, or any original picces at all, which alone would have compongated tho manage: ment for (he large sums paid to Lim and his wife; on the | contrary, that of the three piecs produced by Bourcicantt daring tis connedtion with the theatre proviong ¢q tha id in court that three of the defendant's work mon had been indicted for manslaughter, but had left the city. ‘The Stor Disrrter iy MAssscntsErrs.—Some of the South- ern journals degire to kuow how the county of Essex, Mas- sachusette, stands politically. Essex county supplies the Southern market with boots and shoes. This county at the election in November last gave Banks, the republioan candidate for Governor, 8,153 votes, and Butler, the de- Taotratio candidate, 4,604. The town of Lynn, in that county, which is almost entirely supported by tho demand for boots and shoes, the bulk of which is from the South, cast 917 republican yotes ang 45$ qomocratty,