The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-05-03
False ImprisOnment-Tr0uble Among The
atricais-A Stage Manager Locked Up.
MARINE COURT.


Before Hon. Justice Mccarthy.
MAY 2-Gemge H. Gr6ihs u.s. William. H. Smyleu-
This action brought to damages against the
defendant for causing the plaintiff be locked in room
in the Bowery theatre the night Of thu Goth of Deem
Der last Mr.. Griiths is and at that time stage
manager Ct the Bowery theatre OF which Mr. Isaas F.
Waldron and il the manager and proprietor II APP
pears that the defendant Smyley, had purchased from
Waldron oneha Of mis- interest in the real estate
also claimed to be partner in the business Of the thea
tire. On the Goth Of December for reason smyIey
gave Griths his discharge stage manager GriHths
pudated his authority to do So and pursued his usual
avocations, whereupon Smyey ORDERS to have him
debarrsd from sdmittance to tns theatre at al times
Grthf however, we'll posted up in the sinuoses Of the
premises, eluded the vgant eyes Of Smyley and FREE
18th quenty obtained admiance On the morning of the
o. December Grhs as usual at his post the stage
at he having to play the part Of Apostolic the
drama Of "Lucrezia Borgia," that night At about
P. NJ Smyley ascertsined that his nJohn Joneso Grf
ths again hand in the theatre and dressing
in the wardrobe Smyley forth with procured a
paddock and caused to be applied to the door Of the
room wherein Grihs was engaged as above, and also
caused brace be placed against the door to make the
escape OF the Gagged stage mansRer utterly hopeless
After completing his toilet and being ready for the STAGE
Griths attempted to emerge from the wardrobe, ard to
his surprise found his communication off and an
efforts to obtain release he compelled to call for
sistanee from the street, when some of the "b'hoys
learning that the stage manager OF their favote thea
ire held in dursnce VILE they proceeded to attack
the door of the building and demanded the pr-
soners release which coming to ears he gave
directions to set the prison doors and let the
free The stage manager not reIishing the captivity to
which he was subjected, brings this action.
The counsel tor the defendant (Mr LApaugh contend
Cd that there was no evidence that the plaintiff was i'm
pIisoned against his WILL And secondly that if the
plaintiff refused to leave the premises when directed by
the defenoant he de endan could either cot him By
force or lock him up
E.-Juese Phillips for the plaintiff, insisted first,
that the plant at the theatre the night 10 ques
ton rghtfuly and in the discharge Of his duties
duty Of the defendant to eject HIM and not to
strain him Of his liberty. Wrong by the plaintiff
excuse or justify wrong the part Of the de endant
the day in question he the manager proprie.
tor of he Bowery theatre that the 10Th December
and before and since, plaintiff his stage sger
charge, stands uneontradicted and unmpeAched: that
on the night question the usual bills OF the theatre
were issued, on which the plaintiff announced
that the plaintiff had right in the thea ire on the
evening f the 10Th December, for if the defendant had
the authority to discharge plain III the 18th Decena
bills holding him up before the world the stage
ger the Goth. But suppose the defendant had the
right TO eject the plaintiff from the boilong it be
true that be had the legal moral right deprive
abridge plaintiff sf his liberty? can Ld such right
either in principle or authority. The Law permits
party to eject intruder from his premises bv any
tessary frce and that right be waived and the party
assumes to act in violation If the right of the in
truder be does 80 at his peril The question 49, what
plaintiff? The actual damage to the person Of the plain
tiff is not the only consideration but the modification
and riticue he suffered well the contempt and
osrepute in which his authority h ge number of
persons placed also to be estimated II is the
moral effect upon his mind and character which be
regarded IS well IS the punishment to be infc'ed
the defendant for violation Of the liberty Of the
citizen therefore give judgment for the plaintiff FIR
$l75, with $l2 allowance and costs.