The New York herald., 1869-02-27

contract, II engaged In IL. should understand that
was to pay poor business, but that 4 IN: lne
manager required should play better eus,eeuS ,neasrS
choruses under any agreement ike that; II the word
s'utilisyn was In my contract should understand
that was to make myself useful in performing
parts; have seen the words general utility ana
wod ussy general az utility II y would not require
person to do everything the manager mtgnL re-
quire; there is lower term-"supes" they are caed
I am In doubt whether under the term general
utilityf the manager can compel an actor TO 60 On
without having line to speak.
have been actor for twsnty-iour yea years in England
and America; an engagement entered into as this
or 70 ns snd @
would not, IN my experience, include singing IN ope-
Ufoss. .exxarnined-Yhe rules in England are sub
sfantally the same as they are here IN good
theatres; have seen in such pieces as 'sMucbeth"
and "Pizarr0' utility actor lead the music. but
there are no EXPLANATIONS In "Macbeth;" there Is
hardly q part in "Pizarro" or .Macbeth" that
utility actor could refuse but 1t is not all opera nor
Plantls counsel here read the de 0ene esse testi-
m0ny OF Mr.. Samuel Drake, an actor who dep0sed
general utty was w msnonsd Sut respectabe or
responsible utility never, and that he had In WEI.
known pieces, such as Macbeth" and "Pizarro,"
seen an actor engaged as utility man leading the
chorus and cxcamations
Mr.. Nicoo Mcintyre was also examined and gave
testimony favorable to the plaintif's case.
Defendants counsel moved to dismiss on the
ground that sufficient cause OF action was shown
IN the complaint and that the plaintiffs had alieu
TO make out 0 case. lie also contended that the
action should have been brought by the husband
only. The motion was denied and exception taken.
TESTIMONY OF Mr.. wM. II. LIisGARD.
The defendant, Mr.. Lingard, was then examined
as follows:-Mr Pike applied to me for an engage
od hm s aa n "a ae e oen oa b ny 9
theatre being small, that he and his wife must make
themselves generally useful; this was prlcr to the
contlact but SAID, strangers to each other,
and II an opportunity occurs VIII give you better
business; they asked sixty do lars week. and said
would give them months trial at that, but they
then preferred fifty dollars week up to May; there
ere three classes Of utyutility respectable utility
and responsible utility-respectable and responsl-
bic have the same meaning; utility man is q man
that will go with letter and at least viii go on
win half dozen exclamatons such as Long life
pair,n ana exclamatlons like these; responsible
utility means part with dozen lines, or they can
give leading part II they like and you are bound to
play it, for nearly ten weeks after Mr. Pike and his
wife commenced their engagement with Inc they
had the best OF tile business but the frst time
called upon him to play utility he objected because
he had more money offered for his wife at the
Olympic theatre; they had low comedy, high
they fulfilled their contract up to the time
OF the opeleta "Fanchette;n Mr.. Pike was cast for
tine Notary and notified him that his wiie would be
was said about singing; Mrs. Pike never came 10
rehearsals SO could not say anything TO her about
come and see what she has to do" but she never
came; he said he would not leu his wife come to SO
"
Pike about conversation In which stated it
small theatre, and they would nave to make them.
o. s s pa cea lo ca1c
don't know whether stated to her husband that
wanted her to sing, but expected her, like the
times there BEFORE but not the general chorus;
would have been satisfied IL she had gone ON the
stage and not have sung; said to Mr.. Pike, .'Yon
he said, II am very glad OF 1t, for can get thirty
dollars week at the Olympic tomorrow, and am
7 fynf hv nfua1
agreement that he then walked out OF the theatre;
Mrs. Pike helped to sing lew OF my songs ut the
Mr. Lingard's cross-examination did not shake his
direct Ia any material points,
Mr. Charles White was next examined and proved
that the printed rules referred TO were posted In
every dressing room and other conspicuous places
In the theatre and that they were regular theatrical
rules; he did not see much distinction IN the various
terms relating to utility, and party VINO engaged
for utility would have TO do anything required OF
bandbox; he was interested with Mr. Lngard Ia the
management OF the Theatre ComiGue
TESTIMONY OF MARY WELLS.
am about nineteen yearsSln actress, and am per-
| forming now az the Metropolitan theatres; never
knew there, were any kinds or utility. IN our
| slble or respectable utility; as far as I
understand at the technical meaning OF utility In
are are caea called upon do the 1ord utility W and st
ter business" in the agreement now shown me mean
that the person on The stage performing under such
rage waits" or to carry letter the stage II
CURED; as understand the word soabrette 1t means
q singing lady: nv peculiar line in the profession Is
first old woman as iirst old woman should never
l sign such q contract as that
Cross-examined-n l was engaged as utility
would sing IN operate cnoruses.
Mr.. B. Clark theatrical manager, Mr. Charles f..
| Newton, utility man and several other witnesses
| were examined on behalf OF the defence, and they
all substantially concurred In the fact that by the
terms OF the CONTRACT Mrs. Pike was bound 10 per-
| form as required by Mr. Lingard.
Judge Smith said that the whole matter at issue
depended on the words set forth In the contract
'utillty" and "be,ter busincss''-and whether Mrs.
Pike, on beng required TO act or sing In the chorus,
was asken v 70 ~ ne oi @ Deiow tnas
q conflicting character. lie exceedingly regretted
that there were not theatrical managers placed
on the stand to throw light on the matter. How
ever, he would take few days to look the tes-
tinony, and should probably give decision In the
course Of next week.
The parties then left the court, wondering no
doubt, what would be the upshot OF the 'ulility'
huSlneSs.