, 1873-02-09
A THEATRICAL INTRIGUE.
Woods MEscUUl in the Circuit Court.
in a Bill for E1juaclion.
"reminiscences from the Ante-Fre
Theatrical History Of
Chicago.
Extraordinary Way of Getting Up Evil
dl..ce to Sue Proprietor.

L bill for injunction Was filed, yesterday, N
the Circuit Court, which We giTa with more tnan
usual fulnesH. Henry Fuller, the complainant
afirus that during 1869 be owned and carried on
the theatre known IS Woods Museum, on Ran-
dolph street, but disposed Of it about the lst OF
August IN that year to Frank E. Alien That
John z. Little WIS On tho 10th of March, 1859,
employed in said theatre at salary OF $50 Per
week, which he received in full, every Saturday
night mp to the day Of the sale to Aiken,
es aforesaid That after the 1st Of August,
Little organized dramatic company to give
dramatic representations III different parts Of
the country On his OWL account, Fuller having
nothing whatever to do with the enterprise,
having no interest therein, and knowing nothing
about them except IS hearsay.
In the January term of 1870, Little commenced
an action in asgumpsit against Fuller in the Cir
cult Court, upon an alleged special contract BY
Fuller to employ him as stage manager OF hs
said theatre, for one year from July 4, 1869, at
salary of s3oper week, until Aug. l, 1863
and eco pcr week after that date during said
term. Iesue was Joined in the cause by defend
ant ple1din. non-assumpsit, end release given
aug. ], 1869, and tho cause was tried in April,
1871, before jury, who rendered verdict
against eaid defendant for $3.50, upon which
Judgment Was rendered about the 2Sth Of that
month.
Euler nf1irms in this bill that such Judgment
was procured by fraud and false swearing on the
part Of Little, who was the only witness upon
said trial who testified to the alleged cfdnloy-
ment and that, never suspectiag that he would
testify to any matter SO false, his counsel was
taken utterly by surprise when the evidence went
to the jury, and was unable to rebut the teeti-
anony, although he had 4 good defence to any
thing but such swearing rs that. In consequence
of Fuller being engaged about other business
affairs at the II useum during the time he owned
it, affairs we're chiefly managed by Mr. Jewell,
lis bookkeeper. It appears that Little WAS
at the same time advertising in the New York
Clipper and New York Sporting Times for ectors
for this theatre, and corresponding with the re-
6poudents to the advertisements, well knowing
that Fuller was too busy to watch hismoyements
such corresp ondence being without Fuller's
knowledge or sanction, was afterwards
produced ut the trial in evidence of
Iittles engagement at double wages from the
time when he actually left tho comp1ainants
employmeut the first intimation Fuller receiv-
ing of anything Of the kind being when the cause
had actually gono to trial, and the correspond
ence was produced; and an additional reason
for not euspectng the existence OF such corre-
spordence, was that such mattors belonged e1-
clusively to the Office of tho business manager.
Among this manufactured testimony" was q
letter from j. B. Everham, requesting an en-
engagement, snid Everham being at tho very
time {June 2S, 1862 in comp1ainants employ,
and meeting Little every day at rehearsal, which
complainant considers good proof Of the improp-
er object of tho defendant in entering upon
euch correspondence. Complainant mnde in
Qui1ies, after tho trial, to the writer's
Of the letters referred to. and now afirms
that some Of tho correspondence wns written
long after the assumpsit suit had been COM
menced, and necessarily for thu solo purpose Of
evidence OF tho alleged contract in writing.
Since the trial, complainant has also discovered
that Jonathan ". Rico, Of Berrien County,
Mich, vas in room near the entrance to the
him letter from an actor or actress in New
York respecting engagement, and heard
Fuller distinctly tell Little that he should make
no engagements, as he would close the Museum.
"as he, Little, knew" on Aug !, and that LIE
and Jewell we're not competent to run it aud,
again, after conversation Of the same character,
which is get ont, that he should
certainly close, "as he, had all along
told" Little. II further proof that
for another engagement, and Of the existing
ore being at an end, Rice will swear that he
hoard Little making proposals to an actress to
become one Of new company he intended
starting with after the close Of the Museum;
and testimony has also been discovered to the
effect that Little had svowed to his friends that
he was "a out in the cold, and had no engage
nent;" all of which came to the knowledge Of
the complainant, by SLOW degrees after the trial
Wherefore, he prays that Little and Sheriff bo
restrained selling real estate which the latter
has seized in satisfaction Of the judgment under
tho restored record entered since the fire, which
record was restored without the knowledge OF
the complainant. and that the rights Of tho
parties be decided in chancery.