The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-01-19

g ustomed 70 play In my tn are before This was
ne f1rn sa win me- s mS played David Gar
IDENTITY spoiled, and that should do my best forr
Brother sam for the Monday night He asked to
Aake walk through the town with him to show he
taere, and made arrangements for Brother sam He de-
sired me To "paper' the house, TO have full attend
ance.
The Chief Jnstice- Paper the housed" In what wayf
Mr. swanboroush-By free admissions paper, my
TO iir. F,eid-He played Brother Sam on Monday
aeht admirably There were capital notices IN the news
Mr.. Sergeant Ballantine- Although they had not paid
langhter II was paper audience
Mr. swanborough-Yes; and Hr sothern said 10 me
at paper audience was not like pay audiencethere
xss a GOODNESS about t-(much laughter)-that spa
tsr" was never nvey. tsoars Of laughter,.
Examination contradiction the next day Tuesday,
went 70 Mr. sotherns lodgings in consequence of note
treceved. found he had gone to the Hen and Chick
ens Invent there and saw him standing with his back
" the Are smoking cigar Ho said that he could not
piAy-that he was very ILL., He then went and
sass Of chair lsad sc,hern this is fearful for me,
Cons. Qaughter) Can you by posi- iiy get
through even for one act for do not know what ON
Boy, cannot" and he handed a medical certiacAtc
tfhe certificate which was ~ follows, then read:)
hereby certify tina. Mr. soA. ss' i! .s. Sept ss y g..
nue his To ss s :, Mould Be to
= necessary before his health ~ rrcms.
said, This Is very scrious1thing for me. have
sehng prepared, and must close the house." Mr. Hen
stick mop tor broom) the stage first and play 30
hat" uaGghter) sothern then SAID, "Oh, play yooS-
answered, .That 10 PERFECTLY ridiculous; he pubsc
Sould never BIO satisfied" He directed his agent Nj
Andrews TO lie! the medical certificate be printed ana
posted outside tho theatre went with Mr. Andrews %
tho printers have not Mr.. Sothern since until
to-day We opened the doors at twenty minutes scveu
that evening. When did there great Confusion
The people who had purchased ckets demanded their
money and the people who had orders also demspded
Meir money (Ia1gh,er.) wo had a ballet and somo
cannot rem mber tho exact had TO return TO
those who had purchased tickets for Brother Sam,
And 10 those who had not. On the 3D. of October
wrote 10 him. telling him lind sustained great loss and
eskins hun what he proposed doing H. replied some
days after that he had been confined to bed for four
Aays, that had not taken tho trouble inquire after
him, and that my e.ler-which he said incompre.
sscepts of the ght he played Brother SAM Mr. ohern
was seen one evening after he returned TO London
0ubiin the tn Of October one OF the nights Of his
engagement 10 mo; have taken account of The re-
Sspt, during tho succeeding sortngh. acco mt handed
yFonts had reckoned on making ut least 900 by the
Aagagoment, judging from lormor engagements
Cross examined by Mr. Bovill-Mr. Sothern played
eweve n hs on the occasion Of his first agoment;
MAT about three years ago the first year opened
the theatre cannot tel how long he PLAYED on the Sc
eond engagement think it Six nights the third
secession he played for three nights;
the custom Of actors Of celebrity to make arrange
epts long time In advance for provincial tours; on
Know they make arrangements with me; ho comp ham
= bis telegram from Plymouth that no had ne
~ nd, crtising week before; do not ur y, 3
- aivereernenE; sars wish to be underlined in the
xewspapers they underline themselves Mr.. Fcchter
TO the Court-He was underlined on the playbls and
~ over tho town BY posters but not in The advertise
To MI. povll-Mr. Ecchter was playing with me q.
NE time receved the telegram; l underlined him
somcdian, who accompanies Mr.. sothcrn came TO Bir
bingham with his daughter In order 10 assist in tho
q Add SON was to play With Mr. soshsn; on the OBJ n
ing day, the 10th, Mr.. Andrews Mr. Sothern's agent
.rTiyed; be received telegram from Mr. sothern on
ne 10th, stating he would be down ut half past three
o'clock and that he only wanted his rehearsed
Mo tlegrem was to this eect: "shall reach Birning
worse; prepare for change OF piece necessary; did
nos SEQ such telegram heard OF late the
sold me Of il in restaurant; Mr. Andrews and Mr. Id
1son there dining and they told nothing OF it
aE Morton did not think there was anything IN it; 1t
Uas utterly impossible 10 prepare another piece;
80 much excited TO MI. Sothern at first whom he
came.
Was no hoarses-wer, can be hoarse now; laugh
eer); can Affect hoarseness in speaking to you.
Did he speak hoare yf-He did 81 FIRST
L. DO Jon mean ~ charge him with Stimulating hoarse.
ees,f-i ecc not. but know BIO spoke very nicely xhen
going out Of the theatre
. Then do you say he Stimulating hoarsenesss-weli
Lid You say to him you believed he never intended TO
DlAyf--No.
DID ISS .,y You ygo ass him told
Were you very cool and quie.'-r was quiet, for
wanted him 70 COM before the audience with ma
Was be cool and qniets-He seemed annoyed when
mentioned tie solicitor, for he then walked out Of the
Rsatre.
trcescxamn nation con,inued-He did not complain
eext moTnns Of being badly treated by be complain
- Of my stage manager, and l said was sorry IL my
ysopls had annoyed him; he assumed be- angry after
~ the ais I'D and 2ad o. saturday, he asd after no
lad finished he with 10 tho Theatre Roy al
nv part Of the performance there and he went BY the
ewenty m nutes past train 10 Londcn 70 spend the
Sunday with Ms Sotbern; he arranged 70 be bacA on
Monday he in time FOR the performance that ni,h
net Dr. Bell fIsebsr On The saIrcs.e; he is surgeon
opd physician Of emnence asked him II the illness VI
socId he no. VAN through the para ana no aid xoi
Uish my consent" after that Mr. Sotbern be sad
.ss.s and hsi * s could not play and
= he NOT sppearing and sntrcsssd him IN play that
he cAlsf Justice you now mean 70 my that the
uAness smulaseaf
NJ. swauboroush-Oo, dear no. my lord; not fos .
me chef Jus.,ee--Then il comes Va q question a 70
ehc night he played IN Dublin.
~ Notwithstanding that tho engagement, than, sssl
me- Chief Jussiccrhs fact Of the Illness is not nov
Mr.. SERGEANT Ballsniine-rhsre H. in addition 10 tho
Rsuormanoe At Dublin, the fact Of the travelling from
k0ndon. The question In, could not Mr. Sotbern iayo
epyeared at Birmingham In be wore able TO travoi 70
MI BcvIn said he wss quite ready TO assen, TO Tho
esestion being referred 70 some Gentleman Of cminr
d the profession ~ TO this night
Mr. eerjeant Bsliantne-I have objection At all 10
refer the case but the fact of the travelling be
eusref, too. The must be lrft open
Mr. Bovin-I do not admit that even ~ to the mo
aSh, Mr. sotbern liable He played, Is true; bet u
vs In direct opposition 70 the directions of his medical
adviscrs
NJ SERGEANT Ballantpe-rhs sc,Iop s no, brougl, TO
secover damages much 10 81, Mr. scarborough
vght with the public
M. Bovili-f have mr. Bell Fletcher and other emit.
IDent men here 10 show that Mr. Sothern Totally
-unnt 10 continue hts engagement
Tue Chief Justicewe shall be better abe 70 sppr--
e3st- the merits OF the when hear the evidence
Gor the defendant
Cross ANIMATION coniinued-T had 81 a copy Dr.
Fell rlechere certificate posted al the theatre n
aiso advert esd Ia the papers bext morn ng ~ ~ so
fhern and myself I ssued notieey ~ a prform.
Anee ana we played at lcs. of about 900 oight Mr.