The New York herald., 1879-01-03
MANAGERIAL MALCONTENTS.
THE LEGAL FIGHT BETWEEN HARKINs AND
FIsKE OF THE FIFTH AVENUE THEATRE


Court, Chambers, yesterday morning. awaiting with
deep interest the second act in the proceedings n
stuted by Daniel II. Harkins. stage manager of the
Fifth Avenue Theatre. against Mr. stephen Fiske the
business manager In these proceedings the former
seeks dissolution OF the copartaership, an
accounting to all the receipts and dis
bursements and the appointment of receiver Of the
theatrical properties. An unusually large number
Of motions being on the days calendar Judge Davis
sent the counsel before Judge Donohue. The initi-
atory act Saturday had only disclosed Mr. Harkins
side of the Now came Mr. Fiskes turn to give
his narrative, and Mr.. William r. Howe his counsel
promptly availed himself Of the opportunity to hand
to Judge Donohue what he designated the plain,
unvarnished tale of his client
FIsKEs STORY.
81 am the defendant in this action" begins Mr..
Fiske in his long drawn out narrative. "and
spectfully show to the Court that each and every
allegation OF the complaint Of Daniel II. Harkins the
plaintiff, is either false in fact stated to
vey to the Court false impression. On the 81 day
of june 1878, entered into copartnership agree
ment with the said Harkns for the purpose of carry
ing on the theatrical business at the Fifth Avenue
Theatre in this city, for the term of year from
the I'd day Of September 1878. At the time entered
into this copartnershp the sole lessee and
ager of the Fifth Avenue Theatre and my individual
lease of the theatre extended to the 18th day of Sep
tember, ls7S Harkns then actor, out of en-
ployment who had succeeded in convincing me of
his ability stage manager. and who had promised
mo that, as my partner, he would support the stars
who to appear at the theatre during the season.
With this conviction and understanding agreed to
enter into the copartnershp, and to cancel that
ton Of my lease which extended beyond the day
September. 1873 Neither at that nor at any other
time did Harkins invest single cent of capital in the
Fifth Avenue Theatre. The references in his
psint to the additional capital required are there
FORE calculated to deceive the Court. Harkins
called upon to furnish any capital. original or
additional He entered, empty handed, into q
thoroughly appointed and well advertised theatre,
which had previously managed without his assist
ance, but from which, during my illness, he at
tcpts to Gust me in order that he may obtain all the
advantages of my labors and expenditures"
MUTUAL DIsAFFECTIoN.
In the continuation of his story Mr.. Fiske charges
Mr.. Harkins with malice and bad faith in making up
the accounts ana an lnvidlous interference with his
department He says he protested against the ab-
surd bogus balance sheets provided now and then by
Reed whom he characterizes elsewhere zone
Philander Reed who is sworn by Harkns to be
expert but who in fact knows nothing whatever Of
theatrical bookkeeping. He next tells bow lie be-
came disaffected toward Harkins 'while Harkins.'
he says twas becoming involved in these private &C.
counts he grossly neglected his duties upon the
stage. drank deeply and often came to the theatre
intoxicated. He excused his unseemly conduct
and inattention to business by pleading grief
at the loss of his wife. For while SYM
tive to his duties violent i'll his language idle
useless, refusing to play the parts for which he
had been previously cast with star actors and
actresses, the relations between grew moro and
more strained, and l consulted counsel as to what
had better be pursued, and, upon timely ad-
vice. for the sake OF the theatre and the
persevered in the faithful discharge of my duty
manager Up to the date OF my illncss-viz.. the
2Oth ef December, 1S7S-every claim against tho
theatre the firm was promptly met satis-
factory adjusted; all salaries, rentals and other
penses were paid weekly. as required; there
upon receiver to wind up the firm On the Goth of
December. 1878, attacked by rheumatic gout,
checkbook drew out and signed checks for bills due
on that day. and then - grew worse, despatched
all my keys aud the chockbook to Harkins.
DOCUMENTS SPRUNG UPON HIM.
Proceeding on with his recital Mr.. Fiske charges
that the papers served upon him were concocted
during s illness and sprung upon him a sur
prise and he alleges that they 'are upon their face
false fraudulent and designed to deceiy. the Court
Further he adds that Mr.. Harkins 'conceas from
the Court the fact thut the bills receipts vouchers
check-book and all the accounts Of the theatre
only open to his inspection every day and night
day night conveyed by him 10 his hotel and kept in
his custody. SO that the slightest error mistake
could be at once corrected
DEMANDS RECEIVER.
II respectfully show the Court, says Mr. Fiske in
concluding his story, that the suppresso veri and
the suggcsio fasi equally fatal to the complaint
OF Daniel II. Harkns. Wherefore pray the Court
that the complaint OF the plaintiff be dismissed with
costs against him individually and that his applica
ton for injunction be denied with costs against
him individually. And wherefore by reason OF said
Harkins gross mismanagment Of the affairs at said
a receiver may be Immediately appointed by the
Court TO take charge of the property effects and bus
iness OF the copartnership
MANAGERIAL conRrspoxpENcE
Mr. Fiskc makes part of his story the following
letters, which sufficiently explain themselves
'''IS peeem6Sr :@nsT. p. 1HnessR' is7ss
Mr DrAR FIsKE II think is about time that
theatre We must have money or shut up. We cannot
on on sa%ns in Sss % TO ISS .ma r Co. 90 L.. for one
note We owe Dnmont 49,. which w.,l be paid to NOR
We Jefferson sa53 last night; We pay gas
bill sioG q 3 n, nigh. to saess s ss
propose to do shut raise money 20
had YOUR n.s anS
you are ssou, sl5co short This includes The Sis yoa
"3S Yours f % truly I'' '''' ''' " ' Il MAnKNs
DEAR syours dated 27th inst received You say that
yoa have had my balanced OF course
Mr. ceds accounts against the accuracy OF which have
am about short. do understand what you
s% % c sS hr d"s ss @ yaS s
drew such amount and repetition Of this mis-;
eucngh to leave room viii give decision to
i S S'Sr % S & G d" m nor
ssn Sa,a f E nss ssn nsS .e ~ n
does that might conduct its finances
psS L WEEK without 'hsse daily attacks sEGp
NOTES FROM s.pAS."
Forming part OF Mr.. Fiskes exhibits were the
following brief notes. written to him personally
Dan is:-
CESrLE INVALID We'll for you yon removed from
these terrible sights. vast empty space "A bcgrary
account of empty boxes" S3Oi tonight. All town
bad Dark look for the rest Of tho week Yours weep
ingy, DAN
SATURDAY, 2:iJ T. NJ
Gloomy day. House knocked out Of time by storms;
$3.50 75. Everything going smoothly. Yours, DAN
ASKING REFERENCE.
After the papers as epitomized above were handed
20 Judge Donohuc together with tho complaint of
Mr. Harkns the substance OF which has been hereto
fore published in the HERALD, exJudge Dittenhoeto
who appeared behalf OF Mr. Harkins. suggested
the names OF Mr.. Gardner sonin-law of Peter Usey:
Louis NJ. Simon. and exAderman Lewis. from which
a choice of receiver could be made.
MIR. Howe said that not only did Mr.. Fiske not
object to the appointment of receiver, but the
contrary he desired the appointment of one. He
named no person. but said he thought 1t was proper
that such appointment be left TO the Court, who
would select person who unbiased and dsip-
tercstcd party.
sent to referee.
MIR. Howe said he would not consent to a reference