The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-01-01
FISKE & HARKINS AT LAW.
THE DiSORDERE FINANCES or THE
EIFTH ATENtE THEITiiE


The Fifth Avenue Theatre was vacated by
Aueustin Daily in the fall Of 1877. and during
the rest of that season Stephen Fiske. who had
been DAYS business manager. was given
charge hy the Gilscys who own the building
InJunclast Mr.. Fiskc formed u partnership with
Daniel H. Ilarkius who had for many years
been an motor in DAVIS companies. and the new
firm took % lease for the present season
The terms of the partnership. a. shown blythe
,rri,t,p o,,reoment. were that Fiske & IIarkins
should devote their whole time and energy to
the business sharing equally in losses and
profits; that Harkins should select the plays
and performers and have entire control OF tho
stare. that Tiske should manage the business
of IA, theatre. except that relating directly to
tho performances: that each should draw 300
week the profits and losses To be adjusted
every two weeks. Their plan was to present
the best OF the popular stars, and engagements
wore Immediately male with Mary Anderson,
Moieska. Booth, and Jefferson. They did not
burden themselves with largo and very OK
pensive stock company. rs DAILY had DONE but
adopted the growing practice of hiring per-
farmers only for the run OF tho current pieces.
In other ways. too they cut on many expenses
chat had helped to bring DAILY to bankruptcy.
They opened tlier season on Thursday Aug.
90 with Mary Anderson for an attraction. Tho
cash receipts for that week were $3.50 for Thurs
day evening 1891 for Friday evening. 1913 for
Saturday afternoon and, $500 for Saturday
evening. making a total Of s2lS9 OF which Miss
Andcrson's share was $40. That was consid-
cred nm encouraging start. and although the
receipts foil Off at times. tho engagement OF
Miss Anderson was altogether "A financial gain
for the firm Modjcska followed with lighter
business until she played in frou frou'
which drcw we'll and saved the managers from
loss on her engagement Booth played neNtto
A succession ot small audiences. His share
was half Of the receipts. so that the managers
lost money through him.
jefferson succeeded Booth. and IL the present
star Thus far the audiences have been mod
crate In size. and as Jelerson's terms are even
higher than Booths. he has caused a further
drain on the treasury.
Tho firm Of Fiske & lIarkins was soon dis
eordant Fiske attributed the smallness OF the
receipts in part to Hark!ns's failure TO give the
stars good supporting casts Harkins only
played occasionally and then in case OF emer-
gencles. On the other hand. HarSins declared
that Fiske mismanaged his part Of the business.
A few weeks ago tho necessity for more capital
became urgent. Harkins was ready 70 advance
money hut Fiske declined 90 do so. There WAS
Rqunrrel. Fiske quit the theatre on Dec. 20.
AMI has since remained at home. he says NM
govt confines him 70 his room. and Dr. j, I.
poss bic for him 20 70 out Of doors.
Harkins was thus LEFT In possession OF the
theatre. There had been serious disagree
ments over the handlingo OF the money, and he
took the opportunity afforded, by Fiske's ab-
scnce TO examine the books. He says that the
figures ha1led him. and he employed two eN-
pert boOkkeepers. through whom he Processes
20 have discovered that his partner had used
Monday he obtained from Judge Donohue of
the Supreme Court an order fog Flske 10 show
cause why an injunction should not he issued
restrai ing h I'm from doing any further business
for the firm. and why re'ever should nnti oe
at fs residence on Monday evening,
M 1890 A. NJ. Yesterday. when his case was
called EV-Judge Duteuhoeicr his lawyer
askrl that arguments be heard immediately.
Il Is important. ne said, mat receiver
Dut Mr.. Fisk j. -i'k abcd." Lawyer Hum
mol said. "nnd unable 10 consult with me about
this ease. We object decidedly to any such hur-
riel Proceedings
Judge Y n Worst. who was on tho bench do
cded that the arguments should be heard to-
Harkinss formal complaint says that Fiske
has Improperly Withdrawn $1,000 oi the firms
money, ami applied IL 10 his personal uses
Party In consequence of this misnpplication.
the Investments additional capital. Tho plain
tin H. unwilling TO make such investment un-
less the defendant furn shes a like amount. In
case such capital is not provided. the firms OBJ
legations Will 10 % protest, the owners Of the
theatre Will take possession OF IL. and the bust
According 70 agreement. the deieudsgt who had
eharse q M financial elarimeut OF sad ou-.ne's was
which The hfns asrcod u1pn between the .ad plain,
Iusn,ss aud t0 psy hy checks mon t .si hank snch
surs o. money as werc NECESSARY and roler to be paid
Defendant failed aud refused poi, the aid money IN
cheeks, he paid the same mi Of ue cash received which
he drew loosely out o. the box once receipts - they
aud uai'acnons q The said eorariuer'hip in cons
sscoant AMI cheek Tie aaaeiaI branch q t's ba.
ny, ~ w sg as .s' , al., l" a. "a ~,
path defendant would dismiss from Che front OF the
raugn Of sad theatrical business being decnrd .sen
III. should be done In violation Of sad anderstanains
NE ee ~ mas seBi N MI empgy ne sd
Ae bos sm, The OF eaisnn; into 9s
hi manner. and Insuinng to per.ons having busi
ness with Tie theatre, especially 70 inembe,'
unfoT,ans@ ipauence' The icirnisn, sirsei TO M,
iersons having intercourse with th, theatre. which
xiii ne wl9{ . & e e sBs %
We memltr. 81 The press, Doe ha. been offensive and ~
SAID business lie also agrerd to come To tr thratr,
It.1 a. about 10 oc.ocs in ne morning buy m,iea.
was necessary lor the defendant to be- IN early attend
q the tas aud time cit or consultation betWcei
tle aid wanun and DE- enan IA consequence Of which
The said Def, ndani las charged AGAINST the coparner
ness ii lie eniaI before ts plainua entered iu
trslsseuon Of certain 6iIl, or article, pm
ehu- hy he defendant Joe bus own individual
before the formation u i. culHrtt r.p. were change
- "a. make II APPEAR shat hc ,id arc were pun
chased after the formation ui the roNarircr.tip
Nn account O thr actions n tAe defendant II Is mpo'
sue Tor SAID coparncrslp 20 -ontu4e IN is pre-
form.
Harkins appends to his complaint sworl
statement that an entry by Fl.ke u the cash ac
count Of 500 Tor rent is fraudulent. the none
having never been paid, aud that FiSke has dc
posted 81 100 Of the firms money ln q bank n
ms own. Tho charge is also made that Fisk
paid his personal debts out Of the theatre re-
cclpts, including ss4 for cigars. % To the Lotto
Gun, $40 TO Nirt1ru Cameron 500 10 the Nptr
OF NE Times, 800 Tor q SUIT Of clothes. and sl1
Tor the rent OIL his residence; also tAIt he pOck
eted so Ot the abatement on gHs bill
Mr. Flste was ahed last evening in his HON
IN East Twenty-thlrd street. and did not an
toip0te being able 20 attend 10 business for seN
ern days. He said thal Harkinss charges thg
h had wrongiully used the money bclongin
70 tie finn were preposierous; but he did n
care 70 make any defence until tho time came
do 80 in court.
The attempt to shoulder all the bad luck
the house on Flske.' airicnd said is decided
~ thin. l. II reasonable 10 suppose that III
management OF the front ~ a theatre is respoI
sbc for poor husinc--i llarkins had chHrl
OF tho stage, and If the entertainments dldn
draw, wasn't he more To- h.lmr for il tina
IIbhcY A for these charges OF mlgupprOuria