The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-12-20
RICHARD THE THIRD.

HlCf1ARD n T. Il HIND.
GEORGE, THE COUNT JoANNEs SUES TO RE-
COVER COMPLIMENTARY REWARD FOR
PLAYING THE PART SIX YEARS AGO.
Tho long expected and long looked for trial Of
George, tho Count Joannes against Messrs. Jarrett
Palmer, which il brought TO recover some 81 500
which he claims TO be duo him as a complimentary
reward for playing Richard III. At NbIo's Theatre in
1871, was commenced yesterday, beloro Judge San
lord, In the superior Court. AZ might naturally be
presumed the court crowded and tho test
mony was listened to with marked attention. Tho
Count soon madc his appearance with huge bundle
Of papers under his and immediately followed
by Mr. Benjamin +. RUSSELL, his opponent In tho
legal arena, who accompanied by his clients
Mossrs. Jarrett l. Palmer When tho called
Judge Sanford asked II there any objection to the
jury then In the boxi 4a
JURY or NEGArioS.
Nj. Russoll--I Your Honor please. tails IL an nc
ton & Ht Fl
Count-Stop. srl stopl l am the plaintiff In this
Case.
JudRe-Counsol, whom making remarks, will please
address themselves TO the Court
Count beg Your Honor's pardon. But am the
NO right to open the case.
counsel II this jury would suit
Mr.. Russell-If the Court please. M
Count claim my right to challenge.
Judge-Proceed, then, at once. nt
Coun,--Genllcmen OF tho jury. far as your faces
are concerned, like you; but u Is necessary that
there should soon TO be prejudice In this will
ask you some questions.
.Are any OF you acquainted with Messra Jarrett ~
Palmcr?" Tho jury, looking soiemnly ut the Count
shook their heads with slow ana deliberate move
mont. ado you know that gentleman there2" point
ing to MI. Tooker. Again the twelve men, with like
pantommic motion, expressed themselves as stran-
gers TO Mr. To0ker. 1r N3ft a02
"of course you all know George the Count Joannes ~
One bald headed Juror again, II mechanically. slowly
turned his head and, being splsd by the other jurors
another vigorous shaEing hoads followed this last
quasi intcrrogatory. Tho Count regarded tho last
movement with doubtful aspect. but without comment
commenced his address to tho jury.
AT the conclusion OF his address no turned, and
facing tho audience said, '1s Mr.. Van Chan here2"
Mr. Van Chan did not respond, nor did several other
witnesses, whose were called with disti nctncss
by the suitor. Not at all nonpusscd by the absence
OF the Witnesses the Count finally called as hrs first
witness Mr. Benjamin +. Russell tho defendants
counsel
"But"-sad Mr.. Russell #'leatt
'NcVoT interrupted the count. "AS ID tho
Jume case called Charles O'Conor SO now do l call
upon you. !" Alter some little discussion Mr.. Russell
took the stand and was examined by the Count MIR.
Russell testified thai he WAS prosont on tho night Of
house, but that It was not Overwhelmingly crowded.
THE COUNT WITNESS n .s
The plaintiff then took the witness chair, and began
to toll nls own story He said:-On tnat night had
tho stage entirely at my cominan and every
It, and never had better support than by
pany, and thanked them III the newspapers alter
ward that house the greatest in numbers in
this city; there was not scat unoccuped and all the
aisles, staircascs the Hobbies and window ss were
filled; Jarrett u Palmer complmented mo; when l
went to receive my pay met MIR. Zimmerman, tho
and So, 600 house, wont up stairs with that
knowledge and saw jarrett Il Palmer; after a very
KIND reception SAID. 'Gcnticmen, have como in re-
gard TO tho complementary payment" Mr. Palmer
said "Count, you have made eminent success, and
ifyou follow 1t out now IN tine United States you will
make your fortunc;' but, continued tho Count, no
SAID that they had given me my first opportunity,
KNoTry CROSS QUESTIONS
After the Count had finished his Story he was sub
jccted a rigid examination by Mr.. Russell.
'What IS your real nameS" was the nrst question
George, tho Count Joannes," answered the witness
with severity.
.'Was that tho name or title OF your fatherq"
"My father had title but that OF an honest man,
"Bu. what name was he known bys'
ellis name was George Jones'"
"Where were you bornY'
"You think me wise man to know that"
whsrs !. DO 10 you thin. you were born :"
.Do you know what your reputod age isr
mo, sir; think It q vory indeiicaie question.
WHAT when and whore Is your arst recollection OF
cxistenceY"f
ION board ship"
THIS questioning was continued at some length.
Tho Count testified that he played In Boston; no
played all tho lovers parts there; he had also played
New York and down South, and had always boen
regarded as star. AT the conclusion OF tho Counts
Testimony Mr. Russell moved 10 dismiss the COM
plant on several grounds OF which was that the
rect name. that his title assumed, and that his
real namo was George Jones' and that therefore. his
complaint was detective 10 this respect He also
claimed that there had been no evidence produced
gong 10 show that the Count In iac was entitled TO
receive this contingent complimentary reward
Judge SANFORD said, alter some argument, that no
would allow the Count to give some additional testi-
expert, stating that no had long managerial experi-
ence and that In his opinion $500 was n and rea-
sonable sum Tor his SERVICES THIS closed tho Counts
case. N A..saH
Mr. Russell opened tho defence by placing Mr. Jar
rott ON tho stand THAT gentleman denied all knowl-
edge Of any SUCH agreement as claimed. Mr.. Palmer
also denied ever having made any such agree
mcnt, and said that the Counts performance was
not good enough to DO and poor enough
to be funny. Both Of the defendants placed the
ccipts at about ST. 500. Other witnesses wero placed
on The stand, including tho cashier Of the bank in
which tho defenaants Kept their accounts. who sad
the Count had told him that the defendants had
treated him literally Ono witness, Mr. JASON seemed
TO excite the Counts ire exceedingly. He testified
thai tho Count had told hun thar no had agreed
to perform ior fixed sum. and that alter the per-
had not demanded a portion Of the profits.
"Did. you come voluntarily as witness 2" said tho
Count
EYES, SIR"
Here there was a lengthy discussion as to the nd.
instability oil certain matter the Count desired TO
uoduce with q view to inpcach tho character OF tho
witness Tnis Was excluded by the Judge, however.
and testimony was thercupon closed on both sides.
Tho case Will be givon TO the jury TINS morning.
POST OFFICE AFFAIRS.
Judge D. NJ Key, Postmaster General OF tho United