The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-01-19
: LORD DUNDREARY IN COURT.
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Mr.. sothsri sued for Breach u
Engagement.
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THE "SORE THR0ATS' OF ACTORSs
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What 6Dead Heads" and Pa peg
Audiences" Are.
LORD DUNDREART'S TESTIMONY
Offer Of an Engagement to SOlOn
Single Owens.
&c. &c. &c.
THE "sORE THR0ATs' OF ACT0RsS
LORD DUNDREARY's TESTIMONY.

Sm1mSle OWenss
&c. &c. &c.
Court or Queens Bench. London, Dec. an
Sttings at Nis Prus Gudhal before the Lord Chief
Justice and Special Jury.
WIZ. HENRY SCARBOROUGH VS.. EDWARD AsKEw sorHEnN
Mr. SERGEANT Baantne, 9 G., Mr. Field, g G, and Mr..
Hawkins, @ c., Mr.. Moniagu Williams and MI. H. james
for the defendant.
Birmingham; the defendant is the celebrated Lord Dun
dreay Of the Haymarket theatre The action was brought
recover damages-aid ut two thousand pounds-for
breach Of engagement The declaration stated that the
defendant engaged by the plaintiff TO act for seven-
teen nights between the 10Th Of September and the TN
OF October last inclusive certain terms and That de-
PENDANT failed appear the 10Th OF September that
second engagement was entered into for sixteen nght
from the Goth Of September to the 7th OF October ana
that defendant appeared but five nights.
Defendant pleaded that the first engagement was
broken by mutual consent and that to the second It
entered into ths condition that his health enabled
him fulfil it, that he disabled by Illness after the
fifth performance, and 80 became exonerated.
Mr. Wills opened the pleadngs, and Mr. Sergeant Bal
lantine stated the plaintiffs case the particulars OF
Mr. william Henry scarborough, examined by Mr.
Field, CT am lessee Of the Prince OF Wales theatre,
in Birmingham; in March last received o letter from
Mr. sothern (produced); II was as follows:-
TIE or 5, KsssxoIS StS s ssn,s s
to OCTOBER seventeen night. Terss .s
and
Dearest Msmm. IN rd weea new piece required Let
Il had received an inquiry note from MIN previously ~
these words
ginning September IS sun s ; Yours,
Il wrote to Mr. sohern on the 14th Of March agreeing
to his terms, aud telling him had booked his engage
ment for seventeen nights from the 18th Of September
the It'll October, and stating would open with
David Garrick; two months after, some time In May,
received the following telegram from Mr.. so.hern
a. the cass &c rESOp
In OF that telegram came 10 London TO Sec
him. Mr. Sothern said he had made mistake to tho
himself into little difcuv, and that he there
writing TO as he had in fact made another
said Swho WITH" He said, sMr Henderson, Of Liver
pool, and he has threatened with action If do
an s my pnhny or bs Kind %
take place" he replied he would never play for Hen
dsrscn again q he went to law Is he had brought him
our engagement as ell tho arrangements are made"
Mr. sergeant Ballantne Pray speak . little louder,
the audience for Mr. sothern's non-sppesrance Laugh
The Lord Chief JustIcs-I fAncy his voice would be
Examination continued-xr. soshcrn. sad, II think
Sn S nsnIr s ss S:s
pounds Mr.. soshen, ss firmly bclisvs the engagement
sddsd 'f you possibly give dates may BE- able
grange 70 postpone the .as::c@ens w. he ss'd no
. a s ~ nss
m. We had ana s 2 ard !. p gave "
ri DAY With You Then is prccssssa 20 prepsys
for the performances received certain sketches for
Brother Sam from the Haymarkss scsnic artist and had
the scenery painted. received them through M.
sothsrn also received sksich for playbnI ed
vsrsised Mr. sotherns appearance In The usual way Be-
town q Birmingham ana the fisssss With the DAVID
a..sa pS:sn ps: prsso.sd Y z. :.ss man;
pan, and he took long country waik-llaughter)
and saw them on bic way. I put Mr. eceherns nams
s% and sa nS IL o s brother Sam
painted at . cost Of over one hundred pounds.
O ,s:sss E
he ia,h q September received isrssm fron Nj.
according 70 agreement foniahs 10 Adssaos and that
therefore his engaeement was null and void was cent
BLOCK D.s.er you Promised Afterwards received tho
That night the engagement TO have commenced Mr.
Sotherns agent arrived At twelve o'clock that day TO aid
formed that night aftsr David Garick The bal
let commenced 1t seven o'clock and lasted about
the ballet had concluded directed my manager 70
60 TO the station and look for him. He met him
coming IN cab There was , mob round the cab a.
that Mr. Sothern not gong 70 play and persons who
going into the theatre turned back; Mr. so,hern
said be unable 10 act account OF hoarseness by
the joint persuasion Of three gentlemen and my
self he induced 10 enter the theatre and went behind
the scenes; then asked him could he not by possibility
appear II he did not DO would be ruinous me-
be ssid "How can possibly appear, am hoarsess
asked him TO come before the curtain with mo and
show the public he was there aud lot them
fault OF mine; he said ~ viii not make an exhibition
myself lor you o. usss n Sso my
sympathy for Mr. Scarborough" he said, al have no
sympathy for Mr. swanboreagh or his theatre my sym
| patty Is for myself; /" said 10 him, "Wl you or will
you make apology to the audence1" and he said
''no;r then called tho members Of my company
around me, and also Mr. Sothern's agent Mr.. Andrew
and sskcd them all 10 witness should hold Mr.
sc,bern RESPONSIBLE for any damage nigh. sustain BY
manager 70 INFORM the sadiencs hat Mr. so,hern
would not appear, that their money would be returned
70 ssa @sa 3 p
me- Mr. sothern SAID or that's the case, there's an
What sors Of Voc did he say that INF very good
voice. never heard him In better volc,
Was he hosrsc during the Conversation Al times -
Examination continued-f returned all the money
msnded, and four or hvo pounds more for deadhesda
M FisId-Dcsdh.,ds, What are thsys qAugslerl
Mr. swanbcrcugh-wsii, people who Ind come 10 on
Examination oonln ,sd--T hero great dsccnicnt
caused BY the disappointment; Mr. sothern
In the morning; he WAS writing and smoking a cigar;
he offered ono; he sad, I'm vory glad you hsya
.s so n% %os sst RIA esa
here 10 speak upon business do you intend caryirs ous
Under this sncseemsni Il COS, me- one thousand
| poands." he sdded, ''so-andso, naming emncr,
.c,.r' .ss'. 60, over you % SG,s ny enssssne,
mcse Interested the engagement than you are, iras
much ~ have gone 70 sreai expense and have 10
all my salaries oai Of my half you having coar half Of
the Kross receipts yourself" at that moment NJ An
drvvs aad solicitor OF Birmingham, NJ. Msr,inean.
came In and Mr. Sothern entered into long conyess
ton with them the subject he bcuan 10 exclan ths.
| he would noe appear, and planned the case.
/ The Chief Jusicc--Whaf do you man BY csIlanr
| Ing the cx-e-wbzt did he sayf witness-He said, MY
lord that he wns hoerc and could mot funl bis engSe
nenf
Cross-ersminsd--f Then said 1T rather hard
that there hroc gcncmen against one and one OF
| thoSe q legal gentencnn Mr. fartinean said, ''Dont
think have becu oonsuItsd bafore have osy iust
been for Mr. sothen;" and he very property
added "TIi u,shdraw instantly don't want 70 take an
ADVANTAGE of you rspiisd. swell the4Awycrs say,
let Us talk wihoss pssjudlee" "a laugh He said pei