The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-12-26

Lens one weeks sapernum'es u 60
Less amount as agreed on.... Is 90 40 90
-2o73 /,
Total; ..s22ss q
NEW York, Dec IA, 1859. F. NAs0R, treasurer.
O. behalf Of the Defendants Mr. Jernegau (associated
with Mr. Field and Mr. Richard OGorman) read Nc 70,
lowing afhdsvits and the exhibits attached
AFFIDAVIT OF THE PUBLIC ADxNIsrRA roR.
Inomas C. Fields one Of said defendants deposesThat
On me 9th Of August 1852 he and William Stuart entered
INTO an agreement whereby the lease Of the 0Winer gar
den then held BY Stuart with the theatre and appnr.
n zen was assigned % him sds in trust 70 secure
tanned clause which provided that he iFields) on tine
breach Of any Of the stpuaons the agreement 70 be
possession Of the theatre and take exclusive control
and direction Of the same, and of all the performances
therein that the deponen acted under the provisions
the agreement from about the 9th day August 1859
that the s'Winter Garden" was opened anI
performances commenced therein about the l4th
OF September, 1865 thai in the third week after the
performances commenced the plaintiff attempted TO pre-
JUDGE the mind OF the depOnent against Stuart by max
ing representations in relation to the conduct Stuart
which the dcp0nent has since discovered untrue and
at the same time eudeavored TO persuade the deponent b.
discharge Stuart from hrs position OF manager and TO take
possession of the theatre and exclude Stuart from pos
session management and control to which deponeut
replied that he riena Of Stuart that Stuart seemed
willing 70 do all be could for the benefit Of the theatre
and that deionent could do act injurious to Stuart
without good cause that in the week following, about
10th Of October 1852 the plaintiff again applied the
p0neh and insisted that be Fed should the eatire
possession control Of the theatre but discovering tna
ale OF soEa feeling existed between Bourcca ut aud
Stuart which rendered It mpractcable 10 conduct the
theatre in such mode would be profitable to the par
ties interested, he applied 70 Stuart for permission
possession and control OF the theatre and the
elusive responsibility thereof that Stuart his
willingness 10 do all in his power for the interest the
parties concerned and assened to the request and
veTed the entire possession and control Of the theatre
to him (Fied) and authorized him make any contracts
and 90 all acts wch might be necessary for the
full management of the theatre; he Immediately
ncated 10 Bourccaut the tact that he had taken posses
sion and received such authority that during the time
that the plaintiff urging the deponent take the ex
elusive possession and control OF the theatre had stated
to him that consequence of the personal dcuty which
existed between Bourcicault and Stuart and obstacles
which that difficulty occasoned TO the successful manage
men Of the theatre, he Of opinion that the theatre
could be more successfully managed Bourcicaut would
take direct interest n the profits of the theatre
OF receiving stated salary for his ws services and for
dramatic pieces which Bourcicat reped that he would
make such an arrangement with him (Fied), but not
with Stuart that after he had taken exclusive
and control OF the theatre and had notified Bourccaut tho
subject resumed and Bourccault made abe deponent
the following proposition that after the expiration the
engagement OF ten weeks which Bourccaut wife
then playing under the contract Of September
1868, he should ack dramatst and stage manager Of
the THEATRE that Bourccaul should compose two original
dramas fer the Of the theatre be produced
Op 70 ss entitled judith and Hoioeraes, and the other
sD q SS COM that each q these
that the Mississippi piece or Octoroon should be pro
duced first, and at about the LIST Of December 1859
Tho intending the services Or she
plaintiff as dramast the pieces produced the services
his wife actress of such other person persops
the plaintiff should procure in her place, TIE deponent
net weekly profits Of the theatre besdes one hundred
dollars nor week for Boareicants SERVICES as stage
director that the engagement should endure as oug
at least % said Mississippi piece, Afterwards emit
tied the Octoroon, would continue to draw profitable
houses and not for less time at all events than to the
18th OF January 1890 and that both Bourccault and wife
would leave the theatre at any time the deponent should
request The deponent also says that he then accepted
the said proposition. and the terms of the
thus settled between the parties the 10th day of Oco
ber 1869; within few days after plaintiff suggested te
the dep0nent that the contract thus concluded should b
assented to by Stuart and appointed tho hour of clever
O'clock for that purpose; that Stuart and deponen
the agreement having been concluded lsh of
| Der, 1852 and then said: "Now gentlemen, wish Il
understand from you distinctly whether am to consider
! this distinct and binding agreement between US;
whereupon the deponent eld) said to Stuart "What d.
you say, Sserts' TO which Stuart replied Certainly
| think It MIR 70 all parties" and deponent sait
TO plaintiff, 'We accept. your proposition; con
| slider that as agreed 10 which the plaintiff
replied 3D. Then gentlemen e1 20, that Is bargain I
while plaintiff was s'ill acting as stage manager and dra
matst the plaintiff produced for the of the theatre
buresque, entitled "Chamouni," which proved unsuccess
full after the failure of that piece Bourccau for de
ponent and Stuart and stated that be desired TO consul
ields) and Stuart accordingly had interview With tn
plaintiff who stated that he had prepared nothing which
could then be produced TO take the place Of "Chamoun
and that some stop gap must be procured 90 carry
the trough Of the sea- until the 'Ocoroonn cou
be got ready whereupon the depoDen asked tho plain
how long would require TO get the octoroou" read
and place 1t on the stage, to which the plaintiff repie
ve weeks the deponent stated to plaintiff that with tn
distinct understanding that he would write To
drama Of the "Octoroon" for the Winter Garden, an
have it ready for the stage in five weeks, b
eds) would in consideration carry the theatre alon
accepted the NEXT moua
caut stated TO Fields that he had determined produc
an adaptation Of nicholas Nickleby, and that In conse
quence Of that he did not think that he could have tn
"Octoroon" ready soon as he had agreed; 10 whic
FIELDS REPLIED "very well, get ready soon as 20
can't the plaintiff responded that he would have It read
by the first week in December this last conversation wa
had about the 22d day Of October 1852 and
Of his agreement FIELDS carried the theatre his ow
expense from that day until the 2d of November 1856
when the ten weeks engagement Of Bourcicaut and hi
wife for that expired during that time the
1850 5o which the deponcnt (Fields) paid on the %
day Of November, 1859, Bourcicault commenced
stage manager and dfamatst Of said Winter Garden
his wife actress under the contract made between hr
and the deponen on the 10th Of October 1852 prevou
to the 2sd Of November, 1852 the plaintiff informed dc
ponent that he had composed the "octoroon" for tn
Winter Garden, and the 9Th of December 1860, wa
for the first time produced on the STAGE about NJ
proposition to fix the weekly expenses Of the theatre
stated OF 81 $780, 80 that all the receipts tina
amount should be equally divided between Bourcicau
this proposition, Fields called Bourcicault and toll
him that no did not objec. to the general feature
the effect that TO the 81 800 should be added a
extraordinary expenses, such as extra advertisement
salary Of actors engaged for special pieces, prope
sum Cor getting up tho piece, &C.; 70 which Bou
ccault replied that such the agreement aud
all right Fields then, in pencil mark inserted 10 the wrr
ten proposition cause 70 that effect aud said 10 Bourc
caut, 81 think II win now answer" Bourccault the
examined the clause inserted, and said that he did
like the phraseoogy az be wanted SO expressed that HI
Boufcicauls, would not be personally Table for the
penses Of the theatre; to which Fieis replied that
willing that Boufcicauts solicitor should modify ID
clause in accordance with that suggestion Bourccau
then remarked that his original agreement with Stua
contained clause that no extraordinary expenses shout