The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-06-07
Great Terpsichorean Case In New Orleans.


familiar theatrical faces present as witnesses, sum
moned to testify, pro and COZ, the merits of Miss
Baron as doHSetSe, and of Mr.. Pla,ide a mana
ger.
Nj Fiot, manager Of the Orleans Theatre, wa
sworn, and testified that the printed part Of tn
cont act between plaintiff and defendant in the
usual form Of contracts with actors generally in Pa
rs; before the institution of the present suit, and
after she had left Plaede, witness applied to Mile
Baron, to see ii she would accept Of an engage
ment at the Orleans, but she informed him that She
could not, under her present agreement with Pla-
eide; had she consented, he (witness) would have
consulted the management, rs he had no authority
to make contracts without their approval Miss
Baron danced at the Orleans by compaisance, but
would make permanent arrangement.
Felix Calm, for plaintiff, is scene painter at the
Varieties. under Mr.. Mondelli; present at the
difficulty between Pacidc and Miss Baron, when
the latter asked for her written discharge, which
Pacide promised to give I; he then asked her if she
would dance that night she consented to dance in
all characters which were advertised in the bills
she danced that night and the night after Mr.
Placide again asked If she would dance in "The
Serious Family;" she replied, "No;" Placidc
then told her sho might ike her things out Of the
theatre Miss Baron, as artist, fulfilled her
duties faithfully and promptly; never heard any
complaints against her; Miss Baron came here
strangcr witness does not know that abe has any
other means of subsistence but what she derives
from her compensation as donscrSe 1t was difficult
for her to procure employ mont Mt that time.
Jules Pinguelly, for plaintiff, dcposed.-lle is
employed as comic dancer ut Varieties; Miss Baron
was always very exact in her duties; never heard
any complaint against her: was present when Pa
eide called and asked the artists, PR compiaiSdace,
to dance the polka in .sThe Serious Family;' Miss
Hilariot refused, which.yexed Mr. Pacidc much
Miss Baron danced that polka about fifteen times;
"The Serious Family Is farce: there is a great
difference between the saloon dance and artistic
dancing; the polka is real saloon dance; by the
custom Of all theatres. the al fists not obliged
10 dance the polka, unless agreed to- according to
the same rules, the manager of theatre has not
the right to make artist dance with ''o fguant."
Mr.. Howard" 4 EgnaM" Put 1t into Eng
fish.
Copying Clerk.-It is untranslateaLle.
Mr.. Howard.-Very well; suppose it is / rench
continuance, and must go down in French.
Witness continued Mr.. Placidc asked them to
dance in "The Serious Family" for complaisance,
and thanked them afterwards; there is but one
regular ballet here, and Miss Baron, being thrown
out Of employment, could get engagement else
where the contract in this case is the usual form
in Paris for contracts whactors and singers, rather
than dancers; has seen great many; never saw
the 81 Bellies Stratagem" played on one occasion
he remembers the dancers danced polka in citizens
dress; remembers no comedy whore the principal
dancers danced in citizens dress; there several
ballet troups here the past season-the Espinosa
troupe, the Rayels, and one at the American.
Charles Bass, for plaintiff, deposed that he was
manager the last season. of Varieties; always found
Miss Baron punctual and attentive; he first got up
- The Serious Family at Varieties Miss Baron
attended the rehearsal required; she did not
dance in IL then; it was played three times during
18th February, 1850. The plaintiff here rested her
case.
Geo. T. Rowe, for defendant, deposed that he
was prompter at Nareties-he regulates the ringing
mp OF the curtain Miss Baron danced in The Sc
rous Family" did the other dancers, except Miss
IIilariot !. when dance succeeded " The Serious
Family" he always gave the dancers time enough
TO dress,-always waited until they said they were
ready; he waited long twenty and thirty
minutes for the advertisement he keeps a time
book; Miss Baron never compla aimed Of not having
time enough to dress, nor was there any COMPLAINT
that she took too long to dress; the dress of the
polka in "Ihe Serious Family, Is the citizens
dress they might dance in short dresses II they
chose.
Mr.. Ioward.-The shorter the dress, the greater
satisfaction they give; Is it so Objected to by
Mr.. Graihle, and blushingly oyerrulod by Judge
Kennedy Witness has seen Miss Baron dance the
Irritation polka in citizens dress, in sThe Bellies
sStratagcm y heard no objections from her then /;
al the dancers except Hilarot, danced in that CO.
Inedy, SO did the ballet corps; the Serious Family
is petit comedy in three acts.
John Charlton, for defendant, deposed that he
was present with Mr.. Calm, Mr.. and Mrs. Howard
when Miss Baren came in to demand her articles
from Plaeidc, and stated that she would not dance
in "Thc Serious Family" and confirmed the state
mcnts Of the other witnesses that point.
:. b. Duficld, for defendant, dcposcd that he had
been at the Varieties in various capacities, since
January, 1870 he was an actor, singer, ana as
sistant treasurer when "The Serious Family
was first brought forward, there was no dancing
in il, but some dancers walking about in the back
ground; it performed eighteen times in this
city, and eight times in Louisville; Mics Baron
danced in it every time in Louisville but once
witness produced the bill Of the Performance
on the night Of the 10th of November. 1850;
Miss Raron's name, except in the play of For
tunio," has never been announced In n manner
different from that in the bill fled; in ''Fortu-
MO she played the part Of the racing girl, and
hada part TO speak but declined IL. on account Of
her accent; Miss Nallec has played the same part,
hut speaking u; Miss Baron danced in citizens
dress, in polka, in The Bells Stratagcm;'' the
time between the close Of the comedy and the diver
tiscmcnt, varies from ten to thirty minutes cpc nds
the will of the dancers; never knew II TO be so
short n three four minutes; after the polka ia
"1hc Serious Family some preparations hav
to BE- madc-tw0 carpets taken up, &c, which
consume time; Mr.. Placide is in the habit, when
hard piece Is brought out, Of going behind the
secncsand thanking the members Of the company
Tho testimony was here closed, and il being
three o'clock, the Judge ordered the court to be
adjourned. To-day we shall have able cxposi-
ton Of the law n IA dance, from those accom-
pli.hed and able councillors Messrs. Eyma and
traihle on side, and Il H. Howard on the other
lin the Louisiana reports, there are two cases In
which the subject OF theatrical contracts up for
consideration. One was the case Of Herr Kline vs.
James III. Caldwell when manager of the It. Charles
theatre, in which the former recovered 500 Of the
latter for being discharged before the terminal ton
IT his contract. The other was the case of Mrs.
Kelly W. James III. Caldwell, in which the plain
80, who was star, refused to appear in charac
Ter Tor which she was east averrng that il was out
ol her established line, and therefore defendant dis
charged her. The plaintiff recovered al 800, being
the amount she was TO receive for twenty-four
nights performance. The Supreme Court affirmed
The verdcts In the decision Of the court, ~ ron
dercd by Judge Porter, the Judge, who was a hu-
moris as well rs profound jurisconsut, facetiously
remarked, that plaintiff being star, ought TO be
allowed to shine IN her proper sphere" The latter
case appeared 10 DC quite similar to that Of Mile.
Hsron. There is a wide difference, however in the
iato of compensation Of the two parties, Mrs Kelly
receiving 81 ,J0Ofor twcnyfour nights and the pref
~ little Baron only gill per month. l-N~c Otcgas
ieiG, M1y1.
OtR EXCHANGE TABLE. - We were forciblv
struck yesterday, in opening the basketful Of pa