The New York herald., 1869-02-27
THIRD DISTRICT CIVIL COURT.
Interesting Theatrical Case-Thc Utility Of an
Actrcss-GcncrnI, Responsible, Respectable
Utility and sssups'' Clearly Defined.
Refore Judre Smith,

Interesting Theatrical Case-Thc Utility Of an
Actrcss-GcncraI, Responsible, Respectable
Utility and s'sups'' Clearly Defined.
Before Judge Smith.
Maurice r. Pike ana Melissa Pie, his ,rie, cs.
Wa,iam III. Lf,lgard.-The court room was crowded
yesterday morning by actors ana actresses con-
nected with the various theatrical establishments Of
the city. who all evlnced the most lively curiosity to
ind out something about the legal "utility" OF this
case The principal plaintIr In the suit, Mrs. Mel
lissa Pike. better known as Millic Sackett Is lady
OF more than ordinary attractions and is not un-
known to fame in theatrical circles The defendant,
Mr.. Lingard, is the proprietor Of the Theatre
Comique, In Broadway, ana appeared in court with q
small army o. witnesses to prove his version Of the
anair. on the lst OF september, 1885, an agreement
was entered into between the parties by which the
defendant engaged 1e pa,s ni,e 70 perorm at ns
sulred,n the engagement to continue until the FIRST
week Of June, lco, cgnt performances to constitute
paid conformity fifty dollars per week. Mr. PIKE and
his wife now claim that Ar. Lingard violated the
terms or hts agreement by insisting upon Mrs. PIKE
performing parts which she mad not agreed to do,
and the action is brought to recover $780, which
both the plaintiffs claim to DC due them by reason OF
their discharge from employment by Mr.. Llngard,
contrary TO the terms OF said agreement.
TESTIMONY OF MAURICE r. PIKE.
Mr.. Maurice Z. Pike was tue first wltless exam
ined. lie testified as 70 the contracg between him.
sell and MIR. ilngard, which was signed by himself,
his wife and the defendant; on The 14th OF Septerl.
Der 1858, witness and his wife entered on the per-
iorinance OF the contract, and remained until the
10th OF October; Mrs Pike played the walking lady,
Old woman or anything else sne was cast for; the
9th or sth of october Mr. npard asked him to Join
in the chorus OF OPERA anu lie consented to do so;
he also asked him to allow his wife TO DO the same,
gave her one line 10 speak he would allow
her 10 go on, but not otherwise; MT. Lin
gard then sald:-"I do not want you or
your wiie any longer; you can leave now, but II you
do you do not get any money; told him he would not
leave, but Ii he was discharged he would 90; on the
10tl OF october be and HIS wife were both scnaroed
BY letter. he rendered his services after, but tcy
were not accepted before he was discharged he told
Mr. Lngard that the manager OF the olympic theatre
had offered MS vie larger salary, and asked him
TO let her 20, and he sad no. be saiu witness and his
vile could botn go, but he would not let her no and
niln; witness performed everything required
TESTIMONY or MRS. MELISSA PIKE.
I am an actress; my particular line Is FIRST
souprette; am no cnors s,ger and u 90 not under.
theatre at thirty dollars week; did not endeavor to
ind employment after was discharged BY MIR. Lin
gard: Twas engaged by Ar. Lingard for utility and
better business II required; that does not include
singing IN chorus; when was engaged by MIR. Lin
gard tnce was nothing at an sad about opera busi-
ness was engaged ior utility and better bus ness;
the play In wnlch was required TO sing m chorus
was AN opera, believe; never was at one OF the
relcarsals saw an opera but once as long as
have been an actress; nave been first soubrette
SIX years; my husband had my authority TO make
this contract.
tween opera and 0peretta because am not ac-
qualated with the opera; there were no supernum-
eraries or sups IN MIR. Lingards theatre; sups are
what we call men; ladies are not sups; they are
called ladies Of the ballet.
Mir. Pike was hclp re allied and examined as to the
technical meaning Of che word ''utiityi' In thea
trica senseIhere are three terms used by theatri-
cal man, namely, general utility, utility and respon-
sibe utility; general utility Is the lowest grade; the
highest Is responsible utility; this does not include
sina ing In th q; opesa aud opect l. business Of
itself; the play IN winch Mrs. PIKE was required to
sing In chorus was an operetta; never saw the
rules OF the cstabsnment prior TO signing the con-
tract; the articles now shown me "a governing the
Theatre Conquc are the rules OF minstrel halls, and
IRE not proper theatrical rules.
Cross-cxamined--Mr. I.ngard did not call my at.
tention TO these rules before he engaged me.
TESTIMONY or Mr.. OWEN MAKLOwE.
am an actor engaged at the Waverlcy theatre,
and am acquainted with the technical terms OF tic
dramatic profession toerably well; there various
degrees OF utility; there are general utility and re-
spectacle utility ns far as my experience goes; re-
sponslble uy Ia the same as Respectable usily; u
would not require al artist or an ACTOR 10 sing IN
opcra or operctta unless there was part 70 play; u
"A man was cast for ultiy aud better business he
could be caat for anlcs or Macbeth "a well; actors
that are cast for lower grade oil character cannot
be cnployed In any "bctter business" ufies5 by
courtesy "a tue manager.
Crosse xaHlin netl--Utlilty aud better business,
should ake IL, means Respectable utity; under that