The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-11-22
Theatrical Dfnic ultsss-Our American
Cousin again In Court-EmtnentA Artists
ON the Stand.
Before Hon. Judge Mccarthy.

MARINE COURT.
Before Hon. judge Mccarthy.
Nov. Z.--Etj,rayd A. Sothern us. Laura Keese-The
plaintiff IN this is antor, who performed the
centric Fart Of Lord Dundreary the play Of Our Ame
rcan Csusin,o and the defendant the well known and
accomplished artist and lessee of the theatre which bears
her name The plaintiff claims $500 for Eve weeks
rs and alleges that the Odd Sept, 1882 he and the
defendant entered into agreement in writing Of which
the following is q copy
MEMORANDUM KxGAGxnEKr BETWEEN LAURA KEENE
Miss Keene engages Mr. sothern 70 play Lord bundeary
he
.as sf h 1 alter $500
for Laura Keene
Plaintiff further alleges that he was ready and willing
part 70 be played by him In "0ur American Cousin at
The request Of Mss Keene and that the defendant has
refused 70 permit him 70 perform the part.
The defendan admits the agreement but denies any
deb.edness to the plaintiff, as his engagement was not
commenced as "0ur American Cousin was not repro
duced The defendant also claims that Mr. sothern " in
debted TO her in OF $780, for weeks rent Of
her theatre while she was absent at Philadelphia.
John Lntz, the agent Of Miss Keene, the defendant,
testified that be made the agreement, and after
made it talked over between him and plaintiff, and
distinctly understood that the memoranda only TO
express the terms and amount Of payment that he in
formed plaintiff, who consented TO the same; and, as 70
the counter claim that plaintiff frequently called on him
y
when Mrs Bowers then in secession wouid give IT, that
plaintiff took at $325 per week. and, after using three
days or nights surrendered IL.
Lama Keene deposed-I am the defendant IN this suit,
and lessee Of Laura Eeenes heatre know Mr. Sothern
present at the time Of the signing Of this agreement
after II signed Mr. Sohern and myself walked immc
diaely from the box office TO the stage; we had
versaton; there or two things said about his
benefit which wished TO have inserted in the contract
but understood them be matter Of honor; then
agreed upon his salary and as to his benefit If the piece
bad good run; deemed Mr.. Stevens unequal 10 the
x,Io AcnT hard and n
MIR. sothern about him; we both said he was not
equal to the part; on the second rehearsal Mr.
Sohern did not acquit himself much better Mr..
Sothern suggested the names of two other
pcrsons the piece had had very successful before,
when the part Of Asa Trenchard was admirably played
Mr. Sothern said that he thought the part Of Asa Ten
chard not difficult as his own Oord Dnndreary).
Mr. sothern called at my house several times afterwards
sad was very hard him that the piece could not be
got up he wanted TO take his farewell benefit Of the
New York audience in the character Of Lord Dundreary
Cross examined-I did not understand that there
any new agreement made between Mr. Sothern and my
self when walking from the box office to the stage The
difficulty in Mr. Stevens acting was, that he had not the
Yankee manner and accent which considered essen
tial
he rehearsed 1t as Yorkshire man. and that did not
think would be acceptable 10 Americans.
CounseL--Ceary not particularly 70 vermonters
Qaughter.)
Joseph Jefferson (he real American cousin) was called
for the plaintiff deposed that he appeared in the part Of
Asa Trenchard last at Laura Keens, and that
plaintiff performed lord Dundreary; ain now engaged
AT Winter Garden witness testified that 1t not the
tom pay actors until the season commences he re-
hearsed for week at the Winter Garden, and was not
paid for that week thinks that f. L. Davenport could
perform rrenchard the piece was attr active IN Pha
depha and other places though witness did not appear
III IT, but he thinks ts SUCCESS In New York gave Ger
tainty OF success In other cities.
Mrs. soepe (Malda Heron) also deposed that the pay
Of artists commences from the night the begins
she should expect 70 be paid from the time the engage
ment made, but then she would certainly have II
stated In the agreement She did not know whether Mrs.
Bowers Mr. sothern was the lessee Of tho theatre at
The time Miss Keene in Philadelphia.
Adjourned 70 Tuesday morning at half past ten O'Clock