The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-11-25
The vestvali and Mcguire ImbroxIio In
Sam Francisco.
OUR SAN FRANCISCO CORRESPONDENCE

R0ssT~~<
Ves'vali 'he Magnificent is in trouble on the shores
or s.s Pacific She lately had difficulty with Mcguire
Of the Opera House, and had him arrested for threaten
ing TO "break every bone in her body" calling her
"hend," &c. Mcguire appeared before the Police Court
yesterday. and discharged on the promise not to
modest her in any way She has now sued him in the
Fifteenth District Court for thirty thousand dollars
damages enclose her
The above named plaintiff for cause Of complaint
against the above named defendant alleges that hereto
fore-to wit, on the 9th day OF July, A. ID. ls65the
defendant then being the and proprietor OF the
situate In the city and county Of San Francisco
STATE OF California, and the plaintiff being dramatic
artist she being star and to that time being engaged
a. star IN her profession and the defendant being des
rous and anxious OF procuring the plaintiffs services In
her said profession as such Star the defendant did
said 9th day Of July last by his duly authorized agent
make and enter into an agreement In writing TO and with
TINS plaintiff which said agreement was duly executed
ana stamped with two five cent revenue stamps, can
cel!sd and delivered by the respective parties:
the plaintiff further shows that under and In pursu-
ance OF said agreement she left said city OF New York.
and arrived San Francisco August rs, 1885, and at
once announced her arrival and her readiness TO fud
and perform her agreement with the said defendant
The plaintiff further shows that she has fully and
wholly complied with all the stpulatons and covenants
In said agreement on her part to be done.
The plaintiff further shows that after such arrival she
commenced performing ct said defendants theatre, IN
San Francisco, and that the defendant and his agent
Graves did everything their power TO throw obsacee
In the way Of her placing her pieces the stage ana
presenting them that the defendant violated in nearly
every particular the seventh article in said contract
tanned that he refused to furnish her the proper aids
and assistance after being repeatedly requested SO to
do thus rendering impossible for tho plaintiff 10 pre-
sent the pieces which she undertook to play TO the public
In proper manner.
The plaintiff further shows that the said defendant,
contrary to the usual custom among theatrca under
their said agreement did, during the time she was to
play under her said contract employ and engage two
other star actors and other star actressto wit Mr.
Bandmann Mr.. George G. Boniface and Miss Emily
Thorne; that he has suffered said Bandmann
and Son play s ~ mis- sd 10 nnS
as such for said defendant; and she il informed and
believes and charges the fact to be- that no has
employed said Emily Thorne to play during the coming
week. all of which contrary TO the terms OF said agree
ment, as well as the common custom among theatrcals
and against the wishes Of this plaintiff and done for the
express purpose Of njurng this plaintiff and violating
said agreement
The plaintiff further shows that she has at all times
been ready and willing TO perform as in and by the
terms Of said agreement stipulated and according
its time tenor and effect but that about the I'D
day OF September instant the plaintiff taken very ILL
and in consequence OF such illness and sickness
said defendant Of said sickness that soon she
recovered the first day Of October 1861 she notified
the defendant Of her readiness to perform according
that the 18th OF October the defendant notified plain
tiff he having SO frauduentiy and wrongfully then en-
poyed other tars) that In week from the following
Monday he wished the plaintiff to 60 to the interior OF
the State to perform whereupon the plaintiff did notify
the defendant that he had violated his agreement in
nearly every particular yet she willing him
at her rooms 100 Stockton street, to adjust all matters
of difference between them, and to make such arrange
ments in regard to performance in the interior they
could agree upon that said defendant subsequent
giving of such last named notice by the plaintiff did
call at her room, when the plaintiff submitted to him
proposition In writing In the words and figures follow
ing, to witt
gssyss s py,Hs sss ss
pa a % . sr Ss ]
which have been employed by You since nv
to be discharged FourhI will proceed 70 the interior and
half SHARE the prices be reduced charge
SAN Francisco, Del. rs. 1886
That at said interview and In this plaintiffs room she
handed to said Mcguire said propositions whercupon
the said Mcguire instantly and without in any
answering said propositions, or either Of them, became
very violent shook his st under the Of this plain
tG and addressed TO her several Opprobrous and bias
phemous epthets and said that he would break every
bone in her body whereupon this plaintiff being very
much frightened withdrew from said ROOM and said de-
PENDANT departed
That after such abuse and threats said Mcguire ad
dressed this plaintiff note TO the effect that he
roady to cast play for her in San Francisco or at sacra
mento at her option whereupon this plaintiff addressed
a note TO said defendant. Of which the following is
copy, 10 wilt
To THOMAS MAacfRK, Esq-srR--The agreement entered
Into beiween your agent and myself the 9Th dry Of July
s You Ssre
reason OF which have sustained damages 20 very argc
Of
s %
Impossible %, 70. proper respect for own
ormsnce under ssd contract or otherwise for you or
The plaintiff further shows that the portion OF said
contract-to wit the prices Of admission to be on the
basis Of the Keans performances reference TO the
by the Keans at the defendants theatre al
San Francisco during the present year. and the prices
charged for said Keans perfrmsnces aforesaid
mission in said theatre he pans further shows
that the average amount paid to her per night while she
did play for said Mcguire hundred and twenty
eight dollars In coin; that said Mcguire did deprive hor
playing nine nights, which would have averaged her at
loast the amount that said Mcguire reduced the
prices at least four nights OF her performance TO the
rates. which deprived her OF at least four hundred
dollars in gold coin.
Plaintiff further shows upon information and belief
that the amount realized by said other stars who have 70
which ahc IL also entitled
The plaintiff further shows that at the time she entered
into the agreement she was averaging nightly two
hundred and fifty dollars in gold coin; that she was
offered to remain In New York. by good and responsible
persons to continue her performances In said city Of
New York and other cities what would have need her
hundred and Atty dollars In gold coin nthose places
per night to the present time. and for the next ten
months; that said Maguires agent and said Maguires
wife in New York city AZ an nducenent for her 10
onter into such engagement had falsely and fadulenty
stated and represented TO her that Miss Matilda Heron
actress, had mad0 fifty sixty thousand dollars
under engagement with said Mcguire, OF San Fran
CISCO that there would be opposition theatre In
Francisco and that the celebrated actor Charles Wheat
leigh would be playing al said Maguires theatre as
stock actor hundred dollars per week. all which
representations were fraudulent and false
Plaintiff further shows that since the delivery To the
defendant OF the last before set forth there has
bsen no correspondence interview between the plain
tiff and said defendant his agent and that tho plain
ill., by himself and agent whose various acts arc heren
before mentioned, has violated, broken and annulled
said agreement and released and discharged this plain
t from the further performance thereof her part
Wherefore the plaintiff alleges she has sustained dam
ages by Of the matters hercnbeore stated 70 tbs
amount OF thirty thousand dollars.
Wherefore the plaintiff prays for Judgment of thirty
thousand dollars gold COIN and that said contract be
declared violated and annued by the defendant, and
that the defendant DO compelled 20 account for all the
moneys received by him In said theatre since the plain
Gu commenced performing thcrcat, and for such Other
and further relief a. shall be proper
Personal Intelligence.
Sir Robert Lush, the newly appointed justice TO the
Court OF Queens Bench, in England, Ia an American
and as horn in the city OF New York whore until 70