The Sun.
London, England, 1859-04-22 00:00:00

A GREEN ROOM SQUABBLE.

In the Wolverhampton County Court, a few days
ago, Mr. Richard Norman, described as an actor,
sought to recover the sum of £1 155., being one
week's salary alleged to be due him from Mr. James
Rogers, late lessee of the Wolverhampton Theatre.
Mr. J. E. Underhill appeared for the plaintiff, and
Mr. Thurstans for the defendant. The main points

in the dispute were the nature of the plaintit's en-
gagement with the defendant, and the duration of
the season. In opening the case Mr. Underhill
produced several letters which had passed between
the plaintiff and the defendant prior to the engage-
ment being determined upon. In the first of these
the defendant, speaking of the line of business for
which the plaintiff would be required, said, " The
line would include all the first heavy line, Richard,
Othello, Macbeth, Virginius, &c. Ido occasionally
appear myself, but I wish to play as seldom as
possible. On such occasions I have played Romeo
or Rolla, and then the leading man has played the
Friar or Pizarro." The terms then offered to the
plaintiff were 30s. a week, but plaintiff represented
to the defendant that the salary was not sufficient,
and some further correspondence ensued, in which
the !defendant agreed to give 355. and the third of
a benefit, and in the same letter remarked that he
could not promise to require the plaintiff's ser-
vices after Easter, the end of the season. The plain-
tiff entered upon his engagement at the theatre,
and appeared several times very successfully. In
the month of March the defendant announced the
engagement of a Mr. Evans, and the plaintiff on
going to a rehearsal, saw in the green-room the cast
for the ensuing week, in which he was cast to play
Macduff to Mr. Evans's Macbeth, Pizarro to that
gentleman's Rolla, and lago to his Othello. Im-
mediately upon seeing that announcement the
plaintiff felt that it was not in accordance with
the terms of his engagement, and accordingly he
declined to play the parts, in consequence of which
the defendant, on the sth of March, gave him a
formal notice to leave. The plaintiff held that
according to his engagement he was justified in
refusing to act ; and further that the notice to leave
was informal, inasmuch as the agreement was
binding up to the end of the season. The plaintiff
proved the above facts as detailed by Mr. Underhill,
and further stated that he had never refused to act
according, to the terms of his engagement. In
cross-examination the plaintiff said he lad pre-
viously played second rate characters to Mr. Evans
at the Theatre Royal, Dublin ; but it was then
according to the terms of the engagement. Was not
aware that it was the usual custom upon the tem-
porary engagement of a "star" for the stock leading
man to play second to him. The winter season
usually commences in September and terminates at
Easter. Never knew it end before Easter. There
were no witnesses in support of the plaintiff's case.
For the defence Mr. Thurstans raised several points,
first, that the engagement was simply an agreement
between master and servant, andthat thedefendant
was at liberty to discharge the plaintiff when he
thought proper, upon giving a fortnight's notice ;
next, that the engagement being for a season, that
term must be considered to be an indefinite period,
terminable at the discretion of the defendant ; next,
that the defendant had not violated his agreement
with the plaintiff in casting him to play the parts
he had objected to ; and further, that it was the
general custom for star to take precedence of
the stock leading man. This line of defence was
substantiated by the evidence of Mr. Jas. Rogers,
the defendant, Miss Kate Percy, Mr. Evans, and
Mr: Charles James. Mr. Underhill,. in replying
evidence, 'relied 4e•enlgieadgeumpoennttbheetpmo,ciennt
tt 11l
ea
.tp_there
.
upon
had be the
a written been
tiff and the defendant, in which the plaintiff was
te
hn
ag
ta gn eodetvoi dpe
nl ao ye
oaf
ccertain cc loa
us s
lj
duofjudge
gffeeel ics
eat iiadhc
hot eeirswss,
uoaeund
loaf
the present case. The learned
take time to consider his decision.—Wolverhampton
Chronicle.

COLLISION AND LOSS OF FIVE LIVES.--0011Sider-
able excitement was caused yesterday at Greenwich by the
intelligence that the. master and five of the crew of the fish-
ing smack Chance. belonging to that town, were drowned
in consequence of being run down by a vessel whilst in a
small boat engaged in their occupation of fishing at a point
known as the " Well-bank," about twenty miles seaward
from the port of If arwich.. The Chance has returned to
Greenwich with the remainder of the crew, and confirms
the melancholly intelligence. Mr. Cook, the master, was
also part owner. of the vessel. • •

v 3., L i .~