The penny press. [volume] (Cincinnati [Ohio]) 1859-1860, 1859-12-05
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LAW REPORT.



The PROPRIETOR OF THE NATIONAL THEArER
SUED FOR AN ALLEGED BREACH OF COETRACr-T A.
Morton vs. John Bates This action was submitted
to Judge Sorer The plaintiff claimed that by letter
Of the 2lst of August last, of John Bates, and his
plantii 81 letter OF acceptance, he was engaged
leading actor at the National Thcater for the period
of six months at s25 per week; and being discharged
at the end of the fifth week he seeks reparation
In damages the amount laid in his petition being
$1,000.
4. q. Ware and n. A. Logan appeared for plaintiff;
De positions were read from the following parties !:
Marcus Elmore deposed that Mr. M. occupied re.
Pectable and important positions 9s an actor IN New
not wish to pronounce an opinion as to his merits.
j. Il. Durvage considered Mr.. Morton MS good an
actor as the general run Of men in the loading busi
Miss Eliza rogans deposition was to the effect that
she played in various engagements in circuit OF
braced regular round of leading characters in the
legitimate drama, and she regarded him as correct
gave as she believed, entire satisfaction to the audi
ence and managers.
4. A. Morton, the plaintiff, was then called to the
stand lie stated that he had been eight years in the
profession, occupying positions from the lowest to
the highest grade--the business being progressive
one. He has been engaged for the eading business"
in Cincinnati, which he understood to be the first
part Of Importance in every play, unless ''star"
was playing, and then the next part of importance
He played about five weeks here.
Q,-Whea was The first complaint made to you?
A.-About the ond OF the fifth week. Tho wit
ness then proceeded to state that he had played the
principal characters in THE HUScUpAoK, LUcRETIA
BoRGIA, JUDITH OF GENEVA, Guy MANNERING, &c
that he was then cast for u part which he did not
conceive strictly belonged to hima very long part
ward removed the pieco from tho list, and nothing
NOR, was said about it, during the engagement of
part In new plece-THE UNEQUAL MATCH-eighteen
and halt lengths, each length containing forty-tw
he told the Manager he could not study the parin so
short time-a day and night: MIR. Sarzodas said
he knew was not time enough, but that he must do
the best he could the consequence was that he was
little shaky in the part-waS not certain of the
words in some specchcs-this was however, only the
first night because though, never perfect lit was
played six nights ho believed he was so than
the 'strr," who made q great faux pas'' played
afterward with Miss st. Clair for two weeks, and his
performances were perfect on the last night Of her
actor of inferior grade, and witness objected. On
Saturday, (the fifth week. Mrs. Howard and Mr..
Watkins came and q piece was cast for witness In the
PIONEER PATRIOT, which he did not conceive strictly
to belong TO him: He MIR. NJ then took the part
home with him, but Immediately atterward received
the letter dated tho LIST of October, from Mr. Sarze
das, stating that bis services would no longer be re-
qured He tound also, that the part had been with
knowledge. He had since presented himself daily at
the theater and rendered his services He had also
sought other engagements by advice of his lawyer,
D. A. Sarzedas examined for detense-Was in the
profession thirty years. is sixteen years in the ON.
Naiionali Mr. Morton was engaged to play the lead.
ing characters he very attentive to his business
but witness soon discovered that he was not compe
tent to play the line OF business he gagged for;
he came to that conclusion afterhe saw him play two
or three tines he had not the professional ability
and was not studied in tho leading business; had
conversation with Mr. Bates on the subject during
the first week Of the engagement Mr.. b. said com.
plants were made to him by the audience; in 1.-THE
Pioneer Patriot, Morton was cast for part called
"Guy Bradwell; he threw down the part on the
table and said he would not play-because it was not
leading part; witness saw from bill that he had
played the Part in Hartford, Conn; he also OBJ.
ected TO play old man sometime elapsed
before be consented to play the part in 'The Pioneer
Patriot and then witness refused to let him have It,
and got MIR. Jennings to take the part.
The further hearing OF the case was adjourned over
10 Monday.