The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-01-08

The Winter Garden Caso-EKtraOrdinery
Observation-Disclosures style or TRANSACT
ing Business-No One To he ResponsiAsas
for tho Salaries OF Employees.
SECOND DISTRICT COURT.
Before Justice Kivcn
fhe case Of Otis against Stuart TO weeke
salary owing TO the plaintiff account Of his services
musician oame up again on Saturday before Justsos
Kivlen Messrs Merritt and Cozzens conducted the cass
for the plaintiff Mr. Edward Dunphy for the defendaus-
A urge number Of musicians was present.
Edward Otis, being sworn, testi6ed:-t am musician
and played In the orchestra Of the Winter Garden iaA
fall was employed by Mr. Robert Stoepe leader Of To
orchestra told in the spring TO In the papers
at what time theatre should open for the next season.
did not find any advertisements TO that effect; abous
September Mr. Stoepel TO me, and asked me 70 -
10 the theatre and play and besides engage afew men
for the orchestra; he mentioned the names Of Mess
Happel Ebler Bohm and others, and requested mo 70
engage them; there was nothing said regarding the
salary should receive but the regular amount then
was Sl4 per week; engaged the men whom Mr. stoepA
desired me to speak to- they and played In tse
orchestra played there about six weeks; len on sne
soS nss b. salary owing 70 u.s. he told
call a. Mr. Stuart's Office the following day; w
did 50, and Mr. StOepei came out ana told US tnat NJ
Stuart refused to the orchestra was always pefd
through Mr. Stoepel who received the money from me
treasurer oace in my PRESENCE; he appesre' To be the
orchestra; he told that Mr.. Stuart the manager
and proprietor OF the theatre: never received my
struck for an increase of salary they de-
sired Mr. stoepei 70 notify MT. Stuart: thess
regular binding engagement on mnscisns
Leopold Meyer, being sworn testihed.-l was a mem
her Of the orchestra Of the Winter Garden know Mr.
soepe and Mr. Stuart was ntrod ced 10 the latter BY
Mr. Stoepel went with Mr.. stcepe to see Mr. Stuart
| ard inquire officially whether the advance in salary
world be made; inquired OF the treasurer VINO usS
the only person in the Office ~ the advance wou'c be
ma urn tnndf
| Mr. Stuart
manager of the Winter Garden theatre. Mr. Iafargr be-
ing the proprietor OF the building; know Mr. Sioeps
he leader of the orchestra; engaged him for nv NE
airo Mr. Soepc made agreement with me to FURNISH
mo with an orchestra certain rate; he received the
entire musical salary for himself alone and paid the or
chestra out of IT, received letter from the musical
Protective Association inqnirng whether would give
increase Of salary; have had no communication
whatever with any menb rs the orchestra; have never
| engaged them discharged them: know only NJ
Stocpc in connection with the orchestra
Mr. Robert stocpei being sworn testified: II am tns
musical director of the Winter Garden theatre: COM
menced the last season August: engaged the or
chestra and authorized to do so by the manager;
engaged the plaintiff the paid him, having
| received the money from the treasurer; when e.
gagged these men considered myself as acting for MT
Stuart, not personally responsible was OF the samo
opinion in pavng them engaged merely to furnish an
orchestra to nav il; told Mr. Stuart that the Of
chcstra demanded twenty dollars per week, and ne
refused it, the musicians were ni paid up 10 the
| las, week which withheld from them the custom
10 employ them for the seasonnamey from Aueuss
| l
stoned Mr. GUS 20 get the rest hav" the riyiegeto
dis harge whom please with sufficient cause;
engaging tho plaintiff told him il was for the season
| nv agreement with Mr. stuart 10 receive Two hun
hundred aud seventy three dollars per week to supply tho
theatre with orchestral received that amount every
week the 24fh NJ October: the planiir len tho
theatre NJ being refused increase Of salary
in signing receipt for tho weekly payment Of the
chestra the only attached toll. if any
members of the orchestra left the theatre through any
would not consider myself justified IN drawing
the Of II there were fifteen neFn-
bers IN IL weekly salary Is $50 To the others Rsvo
s14 considered myself at liberty 10 discharge any ma
scian pleased and did discharge Mr. Otis foe
| insolnnt language.
Edward Roin. being sworn testified II was employees
musician In the Winter Garden; nothing was snsd "a
me by Mr. Soepel about the season; never had my
ersation during the previous with Mr. Stoe.
pei regarding any regular engagement
Mr. stuart again put on the stand as witness sos
the defence md read extract from the minutes OF
meeting of the Musical Protective Association which he
thought insiiaed the idea Of musicians being engagcd
| for the
Mr. 9tocc being sworn fatty contr,dictcd the stats
| mcnt of Mr. Edward Bohm, who denied having any
communication with him abort being engaged for n
Witness said that Mr. Rheder also spoke to him
| abont heing engaged for the next season.
| Mr. Henry Jackson, Trca % the Winter Garden
theatre being sworn tes ie~ I'll the salaries 81 tbs
employees o the Winter Garden every week, and among
others Nr stoepel s27l. up 70 The COMMENCEMENT q
| the musicians; never any list OF them.
Frederic Rhsder thu next witness for fhe plain
tiff musician at the Winter Garden theatre; waS
onga reJ bv Mr. Stoep"i through Mr. Otis; never had
ersafi,n whatever with Mr. Stoepe about the
season. Mr. Otis merely told thai was wanted q
the theatre ,nd there no, word spoken regarding
| the season.
Al this pon. the closed. aud after hrartns
the Arguments advanced bv the counsel either std1
Justice Kivcp announced that he would give hes d.
| cision this week.