The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-03-29

ohd Vm n cmyky.-xns pAmtan N N case sues ~
assignee Of Jas Mathews. captain Of the supsnum
iss Of the Bowsry theatre for s2 due Tor wages for
psrnumslaries employed by him in February, 1885,
Jas. Mathews, examined BY Mr.. A. A. Phillips, de-
posed that he knows the parties he was employed
captain Of the supsrnumerarss by Mr.. wm- Ward act
ing manager the Bowery theatre in the year 1850 his
agrseme Mt With Mr.. Ward was vsrSA: tod Mr.. Ward
tn The wardrobe department; he said there Was .
vacancy the captain of supernumerarss hes % week
Ward said there perquisites; authorized to
employ supenumeraries ard did employ seventy
rs cents each per night from the 18th to the 18th Feb
rualy; sixty-fve on the 1eta, a. on the 18th and
twenty the Gay for rehearsal; the signature
the bull produced u in Mr.. WsrGs hand yriting my
there from the 11h the Is February for which % IS
Ia due; worked from the 18th 7, 20 b. and paid for
March, out which l received 90 Sc, leaving :
balance due FOR that time of So 81 l. was sotu-
day bstseen 18th Fe6ruarT and Ioh March,
when not employed, vent round to tie back door and
found 1t locked have received notice Of Termination
Of my engagement made this Dill ana pa,d the
ley for clearing lamps, 81 so during the tine was
there ssn, ley at the ,h.asrs; In January. 1855
the stage during the perioi While the curtain
WAS down; referred him to Mr. Grill il, the stage
circus was thea there; Giiiths them up and Cap
IA Smyey then said he had right TO give direc ,ns
and told Grd'hs he his oyer aud would dleec
,hss csss,D s,Isy was sis employee c.p
raid he would let hin see ~hether he was OF not and
that he would have him put out Of the thsAtrs day or
two Afterwards Captain smylsy cam. on The stage and
stopped the rehesrss and told the company to obey
Mt. Griffith; s%yisy saio Grifdtha vas rshsarsing
en- the stage and said very respectfully Lsdics and
tlsmeD, do not rehea' any further you viii sep into
| vent mysef; aIr. Waldron directed Capt Smyiey to
put up notice in the green COM saying that
stated to tina, he WAS partner Of xr. wahron In
carrying on that business and has given me directions
# the eoors leasing from th- front ssgs he
about the theatre the day time and evenings have
seen him frequently in front in the Off ii b NJ.
Wadron; on one occasion handed Capt Sayley bill
for the s. week of Herne, the Hunter" and told him
he must decide about it, he back, and said tnas
Waldron approved OF it. made out bill Of ell the other
ems spa cited IN the bill for superDumerares from 18th
Crots ex.mined By Mr. Che sey for Mr. W Ldron-Ths
signature tbs book oduced is mine II il dated 26th
signea to the receips March g. 1856; re
salary, signed By Matthew's the whole company.
To counsel for plaintiff first heard ct mi iea
Miles vss there acns in hs Office, as usual never sav
Edward Shaw cepossd that there wages due him
from 1th February 18th, and from 20 February to
10th March, my rauae is signed TO the recsip.s
Cioss .exapiaed-The ere WAS a uoti.s pat up in ths
ibeatIe.
Edward Lamb ssd that Mr. wsldron hsd said tast
e se the 70 oss s0s his i vas
pror ost to open tn. owtry theatre and for that pur
pose waited IN COMPANY with Mr. Jones' Mr., Wal
cIor; he SAID ne would give tis Consent but wanted Wit
ness TO get Mr.. Smyisy's consent.
Geo. Il. Giifths, sage ma 7sger Of the Bo1sry, de-
POSED that IN February he appd TO Capt. Suyey BY Mr.
Wsdrors directions lie. part OF The wardrobe and pr,
pertes OF TIE Bewery theatre he told ma Capt Snyey
had interest in the theatre and he did not want to
lei anything go ont Of the theatre without his (Smyeysj
penn issitn
On cross exxni, at witness saM-Up TO Dec. %,
1885, ht had every reason to be!sve that Capt s.
not partner after Dec. 20, h. certainly considered him
parrer ie wrote dis:ha 60 for me from the theatre
Mr. DeforIsst counsel for Capt. smiley. and aeposed
there is = sait peneirg between whdroo and
sr,isy Mr. M'es is no: in possession Of the rs
waldren with reference to snyey coming into tho thea
tro; was present whsu the agreement ma e b.
Capt. snyey took his deed MALI ths thea ire;
,iue IN the month Of May, 1855; thsy
featre ss,ei them whst wou'd BE- the con iasr .oa,
sud WAdron Aid $40 00c Csot Smyey tod ms to mako
out TIE papers tins I ~. That Capt. s%ylsy
with him his assuming one hlli of ths debts
and baci tiles tf the theatre
Mr. Jores, nected vi the theatre deposed that
the rotee put In the green room was to ths effect
nearly 10 ttefe words-
;1a o. ii. Bsrsry are respect
qunce of Injunction having been paced 1901 tls moneys
i n,sas '''' -"-A '1' p'''I ISAAC P. w9LDsoS.
Jucgm ent for pls intif for full amount claimed
1MPORTANT DECISION RELATING TO TIE SEPARATE
ESTATE OF MARRIED wOMEN.
MARCH 2s.-Sriiner rs. Doy and Fan Duser.-This &c
tsn brought against the defendants partners and
makers of Promisscry note for $780, OIe Of the De-
PENDANTS Mrs. Van Duser, is . married woman living
with her husband, another defendant The defendant
BIZ. Van Duser, testified that the nrm Of Day Van
Duser eonpcsed CT n 8. Day and his Cths witness
wife; that he, The witness. ERIK geaersl agent
Ct the In and was ecgaged by them salary OF 5000
"a
tie dsfe ndsnts.
IHosrsoy J.-snce the passage Of the acts of ls4s
and l84a relating 10 the separate rights OF married
women several cssfs have come unaer my obssrva
zion wherein married women have been proceeded
ture, and while actually cchatidng with their
husbands In ali tsaee inst the right of femme
% e the H % be-
es'ate in the busress of the AT aoa law
married woman during coveriure, carnot sustain the
character OF partner because she ia legally inc ipable
Of enteri,g into the contract of parDefshlp CaI,sr
Psrt. sec, 49, She is ircapsei.sed advancing
first step towards the orma OF articles OF art
uersbp An agreement of copartncrstip 10 such cases
would amount u mere pHduDu hdctun, and DO soso-
lutely void II the common law ru has been super
,utes Of Is4S ard Is4o By the act Of ls4s the
real and personal property Of any, iemal. who
the time Of marrisge. ard tho rents nsuss and
proGs Lerso shall not be subject TO tina dposa of her
her sole and -epar properly, if single
female BY TIE act OF s4o any married female may take
by inheri ance or by gilt grant, ceviae or eequest ON
Any person other than her husband and bod TO her sole
and use, and nvey and device real and per
scna property ard any interest estate therein aud
the rent issues and prom thereof 10 the
and with like effect as II she were unmarried, and the
shall not be subject to the disp sal of her husband
be liable for his debts. q r s. 331. These statutes
not intended by any means, to remove Gil the
law liabilities Incidental to the Overture OF ths
WIFE, but only denied her the right to control her
real end personal property BY tnese wise and pruden
ta provisions her separate estate II no. subject TO the
dsposa Of her husband nor La for ha debts She may
convey and devise real and personal property, bat she
can 90 further. She cannot invest either In oopart
bersbp firm, Of which she msy assume to be member.
ehe caDrot by vrtne Of these enac ments. during her
covertue the responsible tiles and Liabilities Incl
don't the ioas o; ordinary business copart
nerhp. They inierded only 70 protest her sepa
rae properly and Mt TO seduce her from tie retired
sphsres of oomesic lie into the busy mart of the NOR
chant ard the trader They designed to and
protect her sgainst the caamies which sometimes FOL
low the risfJrtunes Ct her husband 1t not the policy