The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-02-17
THE TWELVE TEMPTATIONS.
COMPLICATIONS Growing out of Grand Opern
House SensatiOn-WhO Owns the Play and
who Ought to have the Proceeds.

Complications Growing out of n Grand Opern
House Sensation-WhO Owns the Play and
Who Ought to have the Proceeds.
On Monday last Joseph 9. Foster who is in
the employ of James Fisk, Jr., in n suit brought
by him against John L. McDonough and Will
liam Il. Deverna, obtained an order from Judge
Barnard, e1 pdrte, appointing John f. Cole
treasurer and general business agent of the
Grand Opera House, New York. receiver "of all
personal cQattes, and especially the wardrobes,
scenic effects, scenery, and other properties
OF the play called TiCelUe Temptations" of which
the defendants were joint owners with the plain
tiff; also of the manuscript of the play and
moneys accrued or to accrue, other than the
proportion going by contract to the Grand Opera
House; and enjoining the defendants from inter-
fering with the production of the play. The
defendants were required to show cause yester-
day, before Judge Barnard, why the order should
not be continued and made permanent.
FOSTER RESTRAINED.
On TuesdaG, Judge Van Brunt granted an in
junction restraining Foster, John f. Cole,
James Fisk, Jr and the Erie Railway Com
pany from assigning, disposng of, or incum-
bering the manuscripts, wardrobe, properties,
accessories, or scenic effects of the Twelve
Temptations, and from paying out or disposing
of or dividing among themselves any part of the
receipts arising from the performance and fur
ther ordering that they show cause to-day
why an order should not be continued.
ORIGIN OF THE TWELVE TEMPTATIONS
The defendants allege in their complaint that
ten in German, and was known as "Eve; or,
The Devils Hoof;" that Foster conceived the
idea of reproducing it here, and he had not the
means or the necessary knowledge for so doing,
Deverna assisted in the preparation of the ward
robe and advanced $780, that McDonough also
advanced $1,000, and contract was entered into
whereby they each were to have third interest
in the matter that they then made an agreement
with Cole, who claimed that he represented the
Grand Opera House, but that Fisk now claims
to be the m anager of the Grand Opera House to
the exclusion of Cole.
THE PROCEEDS.
That by the contract with Cole, Foster, De-
verna, and McDonough were to have one half
the net proceeds from the representation of
Tt1eIUe Temptations, less $500 weekly; that
the receipts have averaged $4,000 per night, but
that Foster refuses to account and he and Fisk
and Cole have conspired to defraud Deyerna aad
McDonough of their just rights; and they ask
for an accounting. The papers in the case were
served upon Mr.. Cole, the principal defendant
on Tuesday evening, and service was made apon
Mr.. Fisk yesterday.
THE CASE TO BE sIFTED:
The case of Foster against McDonough and
Deverna, was called up yesterday before Judge
Barnard, Supreme Court Chambers, when Mr..
Fine, counsel for the defendants, asked for q few
days postponement saying that he had not yet
had an opportunity to prepare the necessary
papers. Judge Barnard said the case must 60
on, but finally granted an adjournment till to-
morrow on condition that McDonough and De-
verna consent to postpone until Monday the
hearing upon the order returnable tomorrow
before Judge Van Brunt. This was assented to,
and the hearing will take place tomorrow.