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

the only ,hg arranged is tine aInoon, OF the weekly,
oinpaiy esIensss; stuart says The, 81 900
you say they are 81 500; you had better lot Nass
Ohio ueasnrer) value them, and that shalt DO Oh,
but will not change tho agrecmeot 60 AS div d.
every pieh,;' Ia which replied that his wife objected
hus he was wiling TO abide by the agreement that afel
this conversation, Telns dreced Stuart n write 70
aro MORN him tina. be F,elds) .as willing 70 ok tho
binary expenses at 81 per week IN pursuancs who're
Of Sea wrote to Bouf ccault the letter annexed the
anosvn Of Bouic,cau herein, and marked {F), which
which hereto annexed, marked (schsdus D, and thai
Stuart replied 70 this last by the letter the
ns hs 3. %
marked a., but appeared with hs ' VITO in the Zoo
to the terms Of the agreement, without objection
nom himself or wife, until the 9th Of December
marked schedule Bourcicaut responded IN the letter
marked schedue s. Fields reoned tho Same day, next
morning In the letter marked g. tho 18th day Of De-
sli7 s5 for which B. gave receipt marked schedul
same day. be delivered 70 stuart or Nss so
tire letter marked schedule purportng 70 be signed
~ Ss Mnst % BE- Of that
and after Bourcicault received the money, b
without e the Of a
which had already been announced for that evening,
and substituted other pieces after the delivery Of the
letter OF the lSh Bourcicault LEFT with Naser the letter
memorandum marked schedule about four r. N. Of
the lab Stuart showed To deponenl elds) the letter Of
the 18th, and informed him Of Bourctcault's withdrawal
Of "0ctoroon and substitution Of other pieces where
upon Fields Immediately wrote and Bourcicau the
letters, copies Of which annexed 70 Bourcicsus am
oavit, marked ~ and ( and also gave instructions 70
the doorkeeper no. 70 admit Mr. and Mrs Bourccault to
the theatre they arrived after six O'Clock r. Nj and
until ten minutes after six r. NJ and after Fields had been
obliged to employ other artists to take the places Of Mr.
anu Mrs Bourccault In the perio u the
that evening" after Bourccaut had received the letters
marked ~ aud (M) he directed Mr.. NAsOr to say to
him QFrefds) that he (B) would DO there that
evening perform his duties as stage manager but that
Mrs. would not be there Nasor CON mluicated this
before Fields gave orders not TO admit Mr. and Mrs.. B.
the latest hour which be could safely wait for Mr. and
Mrs B without employing other artists. failure to
produce the "0ctoroon" that evening would have been
under the circumstances threatened by Boarccani,,
would have been followed by the failure OF the Winter
Garden and the utter sacrifice OF the interests OF the
dtofs who by the the deponent
elds); the frequent Manifestations Of bad faith the
part OF Bourccault since he entered into the agree
nent with Feios, bis frequent attempts to violate and
evade the agreement ana above all, his withdrawal OF
the "Octoroon" Immediately after he had obtained the
OF bis pay and hour late that he supposed
that it would be to prevent the mischief al
convinced the deponeat (Fields) that 1t the design
aud intention of by such withdrawal to ruin the
Winter Garoen and sacrifice its creditors whose interests
entrusted to the deponent (Feda) and for
and because the Influence OF Bourccaal the
lists employed 10 the Winter Garden rendered easy for
him TO carry out his design OF running the theatre he
permitted to resume the management the deponent
ueeued MS duty 70 a6cndrge, ana Gu oSeaarge b0f
cicault from his Office Of stage manager The foregoing
statements contain full true and accurate account Of
the entire contract between Bourccau and deponent,
and Of the correspondents and negotiations In relation
thereto The contract made between B0urcscanlt and
deponent settled and determined and final end
that the amount Of weekly expenses was ''n not
stated at any fxed time; that II was
called The oosorSon should be- written By sarocau
for the Winter Garden and performed long would
draw; that was written by Boarctcaun I'm tho
fror fha tba ronfAt~
have been punctualy and faithfully observed by the de-
ponent elds) and that to enoin him for the perform
OF the "oetOroon would be attended with the rrepa
rabe ruin theatre ana the loss Of the debts which
the assignment of the lease made TO secure the
agreement between Fedsland Bourcicault agree
ment entirely distinct from the cement Of August 9,
1882 between Stuart and Bourccault before AFTER
the making OF the agreement with deponcn Bourccault
told him that he considered the agreement between him
self (Bourccaul and Stuart vaiueless and void
reason that BOurcicaut urged deponent (elds)
Would not be psrty 70 an Agreement Nth stuart t0
Mr.. OGorman then read the following anidavts be-
!, haK Of Mr.. STUART
AFFIDAVIT OF MRS. ALLEN.
Louisa NJ Allen says that she is actress, and has
been for some time engaged in the Winter Garden that
On the l4 day Of December instant, at few hours
ce che consented to play the part OF Zoo in the play
the "Octo Don ~ which had been until then played by
Mrs. Bourccault that she has since the 18th day 80
cember played the part In Winter Garden that ne has
received any threatening letter. threats or in
aasS sss Or any kind affecting tha play IL tending to
fears believe that any such threats will be
made any threats or inducements TO deter dssuade
the Of Zoe She another in the play Of the
"0eorooE that the play has been from the beginning
and nov attended by large and to all appearances,
well pleased audiences who have received the play with
perfect kindness and every demonstration Of satisfaction
she further says that she has resided from her youth
principally the State of Virginia. and Is we'll acquainted
with persons from the Southern States the sentiments
they are likely to entertain and she says that she does
not believe that anything in the play Of the "octoroon
ha ilalV IN thraat af NV nd
70 her any OF the artists In the play she also says that
abou, half four O'Clock the evening OF the lh
December, 1852 she received notice through Of the
messengers Of the theatre directing her get ready Ia
act in the farces'Conjugai Lessons" and .Raher Ex
citcd''--for that evening.
AFFIDAVIT OF MISS sEC0R
Harriet Secor says that she actress, and has beer
for time engaged in the Winter Garden that she has
played the part Of Thbedeau in the play Of the Octo
ROOM that she has frequently spoken with acquaintance
from the Southern States the subject OF the play and
has heard from any OF them from any else
the sentiments characters therein that, the con
uary, she knows that many Of her acquaintance from
the Southern States have frequently attended the repro
sentaton Of the play and expressed themselves peaset
with IT. she never entertained and does not enter
tan any apprehension Of receiving any threat induce
ment to deter dssuade her from playing in said piece
and she does not believe that any threat was really made
intended to be made to or against any OF the artist
employed now or at any time in the play.
| AFFIDAVIT OF MR.. CLEsHAM.
Thomas Cesham says that he Is OF the employees IL
said Winter Garden; that is his duty TO take charge
that house during the day time, when performance
going on; on the evening Of December ID dcpoucn
had charge OF the stage door, Mr.. Bourccault accom-
panied by his wife, applied to him for admission at tn
stage at minutes past six O'clock and not befor
that tme that evening" that he according to instruc
ton by him received, declined to admit them whereupo
Bourccaus and wife at went away that Bourcicau
did apply for admission to the theatre that evenin
until the time above mentioned and deponent furthe
Gays that other persons him at the stage doc
when Bourcicaut and wife presented themselves for I'D
mission aforesaid and that he then and there Gale
the attention to the exact time at which tho occurrenc
| took place.
4 AFFIDAVIT OF GEO. ". JAMESON.
George Jamison, Of Cleveland, Ohio, says, that he
an actor and in November, 1852 he received TELEGRAPH
despatch from Stuart, Of the defendants, requestin
him TO to'New York and play part in the play
the Octoroon' that his arrival in New York, and
order to make arrangement to his salary he ase
Suart how long his services would be required in the coo
toroon," whereupon Stuart turned to Bourcicault an
asked him how long would be safe TO guarantee TO hir
Jamison) the Of the piece to which Bourccault re
Piled he would guarantee for the play oftwo months
| and Stuart thcreupon guaranteed the same to hir
lJamison); he further says that on another occaso
Bourctau told him that this play would according
| probability Woul