The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-07-19
"THE GAsCON" IN COURT.


ROSE 11sLEs SUIT AGAINST THE MANAGERS
OF NrBLo's GARDEN, AND WHY 1T WAS
BROUGHT.
Since the night when tho green curtain was rung
down on '.The Gascon" at Niolo's, and Edward Ar
MOTT the glory of Artaban's trunks aud doubiet
called the attention OF slim, but demonstrative,
audience to his grievances, the play has been con-
stanty popping up the Second District Civil Court
as bone OF contention which deaed tho teeth OF all
concerned. Rose Lislc had sued Messrs. Bache "
Gardner for $3.50, which was duo her and MIR. Ar
mott for services aud the right of producing the
DRAMA through tho absence OF one or other OF the
parties the case was adjourned time alter 'ime'
Yesterday, however, the whole Of the histrionc and
supcrnumerary departments OF Nibo's appeared In
the Second District Court and took appropriate pos
lures on the most remote benches while Rose Lsie,
a,,ident but confident, was led the front by her
counsel, Mr.. Waite. rhou the aggressive gray mus
tache OF Mr. Bache appeared at the door. and, hor-
aided bv Counsellor Hummel no and partner Gardner
came beaming down tho aisle, while tho hssr,ons
looked more majestio and the supes more demure.
IN A NEW ROLE.
Rose LtsS was the first testify. She was In
silken attire, and In giving nsr testimony had little
of flavor of the stage about her. Sno was an &C.
trees by profession, she SAID, and had met the de-
fcndants before. She had conversed with MI Bache
relative to the production OF "Tne Gascon'' and the
engagement OF herself and Mr.. Arnott Mr.. Bache
told her that he and Gardner wers as one, and any
action OF his would be regarded by tho other as
binding. She finally arranged with him Tor an ap-
pearan CO, he signed the contract engaging nor,
which was put evidence. According tot Mossrs-
Bacne aad Gardner agreed to follow the production
OF sNiaiOrlicn with "fhe Gascon" and TO pay Rose
L,sle and her husband, Edward Arnott, $3.50 week
Tor sneir services and the use Of their play. Then
MISS LisIs proceeded TO say that they played over
week without receiving any money, and on me
nf
their salary and requested 10 wait Ill the following
day She did ana after she Wednesday masin6e
was told the money had becn sent 70 nor dress
ing ROOM She failed receive IT, however, ana that
ovoning Mr. Arnott asked Frank Muriagh, tho Ireas-
urer, to pay " over
HOW GAsCoS DIES.
At the close OF the second act that gentleman
fourth act Then when the curtain about to rise
on the In the nth act and the audience
10 be- nducted into tho secrot OF 'how Gascon
dies as per BILL came the alarming intelligence that
the green curtain had been rung down a. FRANK Mur-
tagh's oehes by her advice. Mr. Arnott at once put
himself before the public TO quiet their DOUBTS ana ex-
plan position, while she sought the show-oreak-
ing Murtagh TO uncork the Walls OF her wrath. He
avaiied himself Of the euoteriuge that one Of the
| acsors was sick and evaded explanation and
nothing Of him was seen till Mr. Bache appeared
and assured that arranged Tor another kind
| OF performances on Decoration Day. she said she
would hold nun responsible for her salary and went
away, but on presenting herself On Monasy lcr inc
she greeted by the Intelligence that II would
DO emnentiy saiisac DRY to all parties ana Bache and
|
SHOW Is IT," asked Counsellor Hummei, '.that N r.
| Arnott tarries whilc we await hin ~
| ..Hc rs Cooporstown." Quoth the complainant
| "gv ing an ENTERTAINMENT"
| .He should abseut hi msef from such an anus
ing QUO this; bat said the counselor, 81 would
like 70 know who received me SAY, you or Mr
Arnot9"
.He did" unhesi.atingly replied Miss LtsIe, ''ant
| handed ~ over 10 me-"
| LAS IL customary, 1 supposcfo
| Tho complainant silent but looked indignant
| and the next question further moved her. May
ask II you are a married lady Z" Counselor Waite
such irreievancy What has the lady's domesuore
ialsons 10 do with this contracsf"
The objooiion sustained, and they called Frank
Murtagh TO thc stand He SAID that the ednesday
In question Mcssrs. Bache and Gardner absent nj
the end OF the second act Arnott came 10 him and sa
no had heard that "rhe Gascon" would he withdrawn
On tine followiD ight demanded his money, say
ing ne would not play without It. MurtaGn gave hin
$500, and Then Arnott demanded an ASSURANCE ina
the play would not be- Withdrawn, which ko said h'
fused TO play I'll he gos the other $50 WHOA was fur
nshed from tho box o1ico 'rhen," said Mursagh -
asked II ho INTENDED going OIL, and ne SAID he dian
money. winch he had put IN out Of the way pocket
SAID, 'Donh be iooi; go on and ADVISED MAS
Lisic 10 do so, Tut Arnott refused and then gave
ORDERS TO the sage manager, Mr. Brown, 10 ring dow
the curtain"
John Il. Brown, who was tho functonary last mon
stoned, was called by the prosecution, bat undor Mr.
HumnePs cross-sxamination he furnished evidenc
which seemed TO further forufy the defence. MI
Frank II. lanneh The heavy villain OF the play, the
told the Court he had oeen twcnty-eight years Al
actor In very meodramalic way out FURNISHED lntt
else OF Interest," and nothing was learned from Inc o'
comedian, jams +. Peters, except that he had had
girl to sec homo that night. which circumstances di
Not materially affect Ihe'contrsct
'sThat is our case, said Mr. Waite, confidently.
"It Is ieartut and wonderful lack Of casa, then,
Quoth Mr.. HummeI, sapirieaily.
Judge Parker reserved hts decision