New-York daily tribune., 1859-12-26

psu;ia Tcrrsion and contrary 20 NE proihiion nv
20 the S ths, be hss never isae any CON
ss Fsas hi3 t. s. M % and I,. s ~ no
ned performance Of IL.
nr Jernegn t defense the affidavit Of Thomas
Thomss g. islds one OF said dsndsuss beas duly
Sf. i S 'Se SepoSn. aaa ss aid VIA sqs catered
oncsr es ~hereey the l-ess oi sd wnsr osI
sed to The dePon~n Ia tru.t 10 -eqfe t1s Pay
ssrr eoened clause which PrOvissd that the De
penet the breach Of any o. lbe P9ious Ia ssi asrs
ugt, ss stoute exclusive possession o. said theai.r and
and Se the e1cn'ive coatrc and direction OF
tte snd q all the performance therein ihs nc dePn.a
acted under the provisions Of ,aid sgeepsn rom ap,,
ths e'h day Of August 1885 that the tsid
openeo ud performance comeeed therein about the n
September 1859; that In tire third werk 'ef aid perform
tine said plaintiff attempted 10 pfndice the
in relation the conduct of sid stuart wieh s
endeaored persuade the eepgnsnt 70 di.eharo sAd
Stuart his position os aud 70 take possession o
s,d thae exclude ssid from all possession aiaa
sgemen tnd oono which the deponent repsd a De -"
Stuuit stuart wiling 70 do al he co1id
r IN, bench, Of the eaer sd hOt Opponent could O. no a
hout good tht IA The wert oi
low and about he 9TH day Of October 1859 the
psf pphed the dep0neni and insisted hat th
depohen should tac the entire possession and eohoi OF .a
feeling esed the Pan,id and stuart which rendrlsd
able the thea;er In such mode - would
be Profitable 20 the aries interested apPaSd 70 ssI %
for permission to take possession and control o. the hee
that stuart sYpfes,ed his Willingness to do ali In his
power fol he erea ofdhe pare ,oere,ted and
and onir Of said thept,r and suthor5od depn
neni c nate any ana 81 eon'iac sSo 20 80 a. ~. % soI,
Of ssid thsatsr and h'feupon the deP'nen
m nds, sei communicated the plat iH the fact that he
bao tAen such possession AID received such authority thai
during time het the Pinia urlng the deponent %
tske tie exclusive possession aud control o. sHi .ha vac
poDent La hm that IN Of the
Tie ooste,s ~b tt ddeuty ooessDed the saeces.fal
Of the hester, the deponent wac o. opinion t
sSd b.. wife would ,sRe direct PrOn cf the
tnesieT cad Of receiving stated ssIy Tor ~ wies ser
and
be would axe Lch arr6ns, men with dep,neot ou ~
with stuart that deponn mad taken exclusive possession
ano eoro Of The Lesie had mott d the plaintiff thereof
aid the sd subject resumed tgefeepon The
ssld plaintiff made 10 the deponent the Ioio.mg pro
posion hat after the expiration Of the ens4seasnt %
dav boucicaH wherein ne the plaintiff 'houd set as
shoDd compoe original dranSs the Of said heasi
produced her in under be management two Of hich
be entitled Ju6b and boloeBe snd the other 20 be Ths,
sd Ag piece ana sn %1a W1 .oS asrss6 s SsSns sSs -
lopg they would draw that the said Mississippi piece or
D.c,b.r 1885, FOR the entertainment, including IN said
term ,d pnh diaaatist the piece. pro-
said plaintiff should procure IN her Place be
SsbS S .hGpS S sss s % % m per- Wees for
tertic, that said engagement should es1ne
eoro Would eontnue 70 draw probable houses
less time oil events than TO the lah Of January s
any time the depeDePt should request 4, ...o.d ,
rropoo and the terms Of d contract ere thus settled
between the the Pees ON OF about the ION Gay o. Oetooe
depoD that the said contract thus concluded should De
by sara stuart and appointed the nouL o. ii eeoJS
psn,8 stuart, and dePonen had an Interviews
ment enbeoe mentioned having been eonclnded or
sbou lh day of ucoser, 1889 and then said Ao geaHe
men saEd Ir. d'ny ioaetaeT an o oon
m di.et cad s. egyfenn' % SsTesn s: ~hsrs e.
WfeI sSar, replied Certainly think ali pac'i
deponent said plaintiff We accept your prop
Clifton consider tia, as = 70 the P"nan fephd
" Then, geEtieneR, hat s bargain
Thai about after te said contrac, was made and en-
tened into eoout the 18Th dy Of October 1889 sni
while seid pentit still acting stage naaEes snd
under said written agreement N September 1882 the plain
t1 pfodu the Of said tOeater enited
Cfsmou which proved nnsuoceal that alter the failure
that be dced 70 eon,ut with the to what
should be done that 6e dasons ss Ss Ss1 @ bs &
be nothing which could then produced to take
procured carry the trough of the sea- unl the
OcOIOon cOuo be got ready wheisupon the deponn sssd
toroon ready and place the sasc 70 Which tn Psi1'iH
said pApta that with tbe distinct e .1. ,ss Peo
tin wOud WTie tie dIena OF the OctOTooh iof the WIN
week. .Is depoSe, would, in cOSsidsiiOn there
o. carry the ihestsr along and pay is espsnses
iiSs SsiSf ss Iss and there secsFtsa morning the
dn an soapaon kiebola, hckeby and THAI m cCn,e
o., nee of btt he think that he could nave the octo
Iesdy lad agreed to which dePonen re-
pbcd ey wv get ready as sGon as you can = 70 wsen
e e. e ME- Depanent further says that hi:
vrsson about The 22d day of October 1889 and that
s al hi on from that day the 2ld day Of No
1emer 0Ss which last mentioned day the ten weess en- en-
ge, sept 1889 eHpred snd that during said time
lie said heatr exceeded the gross receipts Oy he
he Seponen fTber saith tks, on 2ad day Of November
s Of I'D Winter Garden and hi. vie therein
under tie made between said plaintiff and te ePohen
onrd that previous 70 the 25d dy Of November 1853 The
psiuh informed depOneut tia, he bad composed the Oeto-
b,r 1875 Il for the FIRST time produced on the stage
Deponen further says Nov. 6 1889 he re-
ssPe. o Of the he SessT heater" at stated .Sn ns@sy
Ls al The receipt: over sa, amount seod be equally yisd
repi of said Pcpo ion the dPonens eaet on the pann
popron but deeo clause inserted the effect tha, the
Lao dollars should be added ell extraordinary expenses such s
proper som io getting ny piece which the plaintiff
rephd that such the g'eement and was s nights that
depoDeut pIe plaintiff then in pencnaIk In erted IN
the witt pr position made by plaintiff clause to that eject
and eIdi Phln,in; - ihnl II T nov sas"si' mt S tRS
e the phaseolosy be wanted skpes.ed thar he
NIlsDg tLa, PLAINTIFF solicitor should modify tie
eicars then remarked that his original ssreelneut
with stusr SoHtsinee s4S,s tina, NO eaSosdIsy ~ So
that effect heh d,poDeHt replied that hs
Of November 1853 from Bonrcse4u the let,
heTeo annexed kd Scosdue that consequence
day and aiod lin referred 10 in
alien to the Of he beasr to which Bogressul, re-
there question whether the seTenet between dPonent
and bouIes9t usng 70 thsi sistea o. Oc
the lhesteI aud advised him t the pIo1ts daily instead OF
weekly which deponeni replied that II he iBouracza
UrdT the daily which BopIeiean r0ied, Well let 90
DepOnent further saith the last mentioned
sSn everything went on Under the term, Of ssd sse,me.t
evening" when bourcican remshed TO the deponen the
ne hch had been concluded between Boufoean
aud he 6ePoneut under which be sod hs said wife mad been