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

instead OF the Octoroon" That the Octoroonn had
been publicity advertised Tor PERFORMANCES on that even.
ing, and that any other pieces, especially pieces Of 50
trivial kind had been substituted for II short
tice would have necessarily resulted in disappointment
to the pubic and serious injury TO said theatre.
AFFIDAVIT OF MR.. STUART.
William Stuart beng sworn, says-TDat on tho LIST OF
July bart he took lease OF the Winter Garden from the
nss q ns Late 10 ~, THAI ,s
Improvement u the theatre the same advanced 70
him BY certain friends, who have been ready 10 aid
among the wsrmest or those friends was Thomas Fields
and that At deponeus request and by tho desire of the
other subcribers, Thomas G. Field consented to act as
advanced thAt gas entirely hon afeeng OF kindness
that Fields undertook this trust and has since performed
confidence in the uprightness and honor Of Fields,
afterwards assigned over to him all his interest Ia
Ss aad s :.a
viii entire power to make all engagements and agree
menis respecting Same until objects OF the trust should
following 70 the best Of his ability, the wishes OF Thomas
G. Fields the representative Of his friends; and though
week under the deed Of trust while 4 continues in force
he has never drawn cent from tho theatre, but
srbuted in every way in hs power to the Of the
undertaking. that one Of his chief objects in transfer
ring all his interest the theatre Fields that the
plaintiff might be enabled contract directly with Fields
and that an objection expressed BY Bourcicout to have
any dealing contract with Stuart might be removed.
Deponeat has read the affidavit Of Thomas G. Fields which
s To the best Of his information and belief strictly
to have been made between Fields and plaintiff
ct the "Winter Garden" on the morning Of
October therein correctly stated Folds had previous
Informed deponen that he desired his presence at
interview between him and Bourcicaut 10 ratfy
agreement already made between them; Fields, Bourc
caut and Suartsat down together the table the
OF the box Office Bourcicau then said, "Mr Stuart,
last night made proposal to Mr. Fields for future
srraDgemens as 70 this theatre, which he has accepted
but you will be hereafter interested Mr. Fields desired
that you should be present, and therefore fixed to
meet here to day TO come 20 formal ratification Of this
treated very handsomely by Mr.. Fields and anxious
that tho theatre should be placed better footing;
propose that and after the expiration OF the ten weeks,
the regular expenses OF the theatre should be made up
the close Of each week. and that the profits Of such week.
If any, should be divided between the management
and ourselves (meaning himself and wife)the losses
10 be borne by the management; and there
aseS Ds AMY which aSara
incur, that these also should be divided between u.s.
PROPOSE under this agreement to bring Dec g.
new five act American piece, which my mind has been
COURSE my wife will play aud, if possible, myself aud
anticipate that it will TO the 18th January az all
events think 1t will run more, but whether it does
not, the management must carry to that period On
January Is, shall be prepared with great Jerusalem
piece, called "Judith and Holofernes," 10 which shall
picture the destruction OF Jerusalem which have al
ready planned in my mnd and which expect will be
greater success than the other" After speaking further
Of his expectations Of the great success Of those plays
Bourccault said "Now, gentlemen, wish distinctly to
whether this is agreement nos Where
upon sad Fields turned to me (suart aOd So d, What
VI,
fair arrangement" Fields then said: M Bourcicault
we accept your prop0sathat, Sir ia agreement and
VIII carry It out" Bourcicaut then said, 81 Will give
orders 70 panters &C. to prepare for the piece ana
be interview then broke up have clear remembrance
Of the interview and believe that the above almost OK
acty the language used by the parties AT the same few
days afterwards was present at the interview between
Fields and Bourccault, at which Mr.. Jefferson was pre-
SENT which is narrated in the affidavit Of Mr. Jcferson
which have read the interview and the guage the
parties are correctly stated in the affidavit 10 which
ler was present at conversation between George Jami
New York. at the request Of Bourccaut the substance
and language Of that conversation correctly stated in
ne aaayit Of Jamison Boarcican in answer to quos
ton OF NINE then and there said that might saey qua
rantee the running Of the piece for two months have
been Tor three years connected with theatres
ger and an well acquainted with tho custom prevailing
between the managers Of theatres authors OF plays
tits the nvarabe custom that when the right TO repre-
sent new play given by author TO manager is
always understood 70 tho right TO play as long as
runs or in other words, long continues prove
lucrative 70 the manager; never suspected that the
Of the evening before the production OF The Octoroon
Monday, December s; Bourcicau had previously, from
but without questioning the validity Of the agrcement
that he especially objected 70 payment of twelve dollars
tanned injury 10 the discharge Of her duties and 10
whom NJ Fields continued BIER salary, though she
unable 70 sppear Bourcicau stating that he not going
70 support sick actresses he also objected to other small
items in the weekly expenses the amount 0 the expenses
became thus subject Of discussion Mr. Bourccault de-
string to Ak them at 81 800 week. Mr. Fields and depo-
nent (StuaI:i at higher amount finally, in discus
sion at Mr.. Bourcicaulfs room in tho theatre,
and In order to avoid further discussion that point
decided that Mr. Fields shonld write 10 Bourcicaut
the amount at which he would allow such expenses 10 be
fxed and by direction Of Fields wrote letter marked
In plaintiffs exhibits TO which received reply from
Mr. Bourccault which gave the first apprehonsons OF
Mr.. Bourccault's desire to cvado his agreement, and
which attached to the affidavit OF Fields and marked E.
that Fields being absent from that evenng being
the eve Of the mayoray eecon-and NOT likely 10 be
found until late next evening" when the piece adver
tsed TO be played wrote 70 Boureicau letter (marked
NJ lAS
designated by Bourcicau himself the estimate Of
penses, viz 81 800, and asked him, if satisfied with
that to name what sum he would desire the expenses
fixed att that he handed him the motto in person. to which
Bourcicaut replied that he would take the estimate OF
81 500 he had proposed, and sad Tell MIR. Fields will
not hold TO my agreement more than four wecks-l
get much better elsewhere through all the discussions
Bourcicaut had questioned the validity Of his agree
ment, but merely items in the weekly estimate of
OF avoiding discussion to the tens that the proposition
to name fixed sum for weekly expenses was accepted by
Fields; no further objection made such subject
until received letter from Bourcicau questioning the
legal right Of Fields to make any agreement copy of
which letter s annexed 10 tho affidavit OF Fe Ids fear
ing from this letter and his general knowledge of the
certain character OF Bourcicault that no meitatng
some attempt at extoron by reason Of the theatre being
at the moment in his power, on tho 18th of December
procured from Mr. Cne the promper Of the theatre the
copy Of the 0ctoroon," which the property of the
theatre and had came copied and tho evening OF the
very day which the copy made, Bourccault did
take the original copy Of tho play from the theatre, and
under the prcencc OF alteration endeavored to get pos
the leader of the orchestra Of Winter Garden solely for
that theatre the morning Of December ii, aud up
to noon OF that day, Stuart about the thoatre oil
and on, during part of which time Bourccault was
in the theatre, but communication theD made TO
Stuart by Bonrcicau his return to tho theatre about
half three Stuart received tho eter purportng TO
be from Mrs. Bourcicault Immediately receiving
he carried II 70 Fields, and the correspondence then en-
sued which Is stated In tho affidavit OF Fields that stu.
art Immediately applied himself TO procure other artists
to supply tho paces Of Mr. and Mrs Bourcicau, which
he was with difficulty enabled to esct in te and dcpo
nent verify believes and ayers that he had not been
able to obtain such artists and the "Octoroon had not
been played that night that the injury arising from such
breach Of faith TO the public would have resulted in the
positive ruin of the theatre that deponent fearing that
If Bourcicau permitted to enter the theatre, in
any way interfere with the stage management that night,
his wife having refused to play, and another artist hay
ing been substituted in her place, some misconduct
on his part would have led to III feeling and
fusion, and have impeded the action Of tho
play Bouccau on presenting himself at the stage door,
after six O'clock was, by the instruction OF Fclda and
Stuart refused admttance; tb. the allegations on the
part Of Bourcicaut tha And Mrs B. either Of thcm
nad received n-eats to deter them, either Of them,
from play s their parts In the "Octoroon nero pre-
tex, nasng foundation truth; that Bourccaut had
. 81