The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-01-03
FlSKE & HARKINS'S FIGHT.
EA-JUDGE BEDFORD RECEITER or THE
FIFTH IVENUE THEiIRE

FIFTH 1VENUE THEfTRE
The Di.sensions mud Financial Troubles Of the
Mangreetng Managers set Forth In - Law
Court-Mr. Fiske's Reply TO Mr.. ustkIns.
Ex-Judge Cunning s. Bedford ia now a
Theatre manager. Judge Donohue yesterday
appointed him receiver of tho partnership
business OF Fiske & Harkins Of tho Fifth
Avenue Theatre. and no took possession OF
that establishment late In the afternoon. after
giving 5000 bonds. He devoted his iinmo-
date attention TO the receipts. tho finances
having boon the principal cause Of trouble. Mr..
Harkins remained in charge OF the stage. and
MIR. Fske was still confined to his residence by
lllness-an illness that may have prevented a
personal combat. for Mr. Hurbius had ordered
his eJectmcnt II he attempted to enter tho
hotlrc. Under the rccoivcrship Of MIR. Bedford
Tho engagement Of Joseph Jefferson will bo
continued while. 1t is understood to bo the
intention OF the Gilscy heirs who own tho
theatre. to continue Mr.. Harkins az manager II
the partnership can be broken. in which cnse
Tho next effort will be in the direction Of present
INK both new and old plays by strengthened
stock company. without stars.
Tho order Of Judge DOnohuc to Mr. Fiske to
show why receiver should not b. appointed
WAS to be argued at 10 o'clock A. NJ. ycster-
day. and at that time the opposing counsel were
In the Supreme Court Chambers Lawyer
Dittenhoofcr for Mr. Harkins proposed the
names Of cx-Adcrman Samuel Lewis Louis
M. Simon Of Booths Theatre. and Henry Gard
ner, relative Of the Gilscys. for his Honor TO
choose from. Lawyer Howe. for Mr. fisKc said
that his client WINS anxious to have n receiver
appointed. but preferred that his Honor should
select man in no way connected with either Of
the contestants. Tho matter was left In that
way, and later Judge Donohuo named Mr. Bed
lord. whom both sides profess TO accept with
Mr. Fiske's sworn answer to Mr.. Harkinss
complaint was In effect square denial Of the
charges that he had misnpnled any OF tho
firms money or misconductcd in amy way his
part Of the business. The Fifth Avenue Theatre
was.accordi ing to this account leased to Mr. Iiske
Individually until the middle Of last September;
out no gave y up on sept 2. when the new firm
2, Ilske y Harkins took a lease for year.
Hnrklns was then an actor out OF employ
ment," the document continues. who had sue
cceded In convincing me OF his ability rs stage
manager, aud who had promised me thnt as my
partner he would support the stars who were
g appear nj the theatre during the season,
agreed to enter into tho coparincrship. Mother
~ That nor at any other time did Harkins
inycs, single cent Of capital. lilo was never
additionnl.' He entered empty handed into a
thoroughly appointed and wcl-advertised
out his assistance. but from which. during my
illness. he now attempts TO Dust mo In order
That he may obtain all the advantages OF my
hhors ana sNpenditures. Although the seasOn
was opened on tho 18th Of August. II was under
tlepn lndl NIT. HnfkinS was 10 have no share In
tho business before the 81 Of september; and II
was In these few days previous to the pnrtnCr-
shlp operations that the cash items as 10 rent.
AUS, ana other things. now disputed by Mr.. Hnr-
kins wero embraced. The figures given in Mr.
Hhrkinss complaint were drawn from set
Of private books rrogularly made Tor MIR Har-
kns, 10y Phlnnder Reed, and are misleading
While the invest CATION Of the finances wns gO-
ing on Mr.. iarkins 80 tho, complaint
Tho stagc. drank deeply, and often zane SpT 10
the thentrc Intoxicated lie excused his I'M
lie .lGftsf ut
pleadinG grief ut the denth 81 his wife" Mr..
Eisks says that 10 sympathized with Mr.;
inntontiye TO his duties Violent in his Ian.
Eunge. idle, useless. refusing 10 play the parts
for which he had been previously east with
star actors and actresses. the relations be;
tween US grew more and more strained. and |
consulted counsel as 10 what course had
VICE for ta ' sake an" ~ T tho the %g and and
tho partnership. | perscvored In the faith
lie tS Ga s,a ii my duty S Ys1aer Up to
Der 1873. every claim against the theatre or the
nrm WAS promptly met or satisfactorily ad-
Wero paid weekly, rs required thore was never
amy question Of closing the theatre or calling
the treasary Mr. fske s%ears Thai he I'D
not take more than the 800 a week that each
member OF the firm was entitled. according to
inc partnership agreement. to use for living
expenses All the bills and vouchers were
regularly taken from tho theatre every Saturday
nigit by Mr.. HarkiHs for exam lnntipn and we're
always open to him. Mr.. Fiske did not get 10
inc Theatre early mornings because hc was kept
there late nights. AMI ~, 10 the charge that he
was hahitually insulting 10 representatives Of tho
Pres. that Is said 10y Him to he a faisohood
Mr.. fipke was taken seriously sick. he says
on sept 20. and has since been confined 10 his
residence. Up 70 his departure from the thea.
uc there was NJ financial embarrassment, and
within the next two days ho resolved the follow.
ing notes from Mr.. Harkin-:
,1 rNtA iYyAiip WEI Tor YOU you are removed from
s ", 4" t.rfhle sih,~ yns. empty ,.ace bcssari,
80 "u ML 'iintN u.N,s' syu lnnishl 4, OVER town
lnely, D.s
Sorry you are .tllin Hope YOU viii be ro1ni tonight
50 y ' EyerySas sss sn oo Sa OF y1as S by '9'
After Mr. Fiske had been absent "A week he re-
ceiVed the following:
NJ. , &c.. frIu Ay,s,E TgS,ns. Dec 81 1874
g. , on. dGane 81 isr.nlns a, g ne gar in lh-
on raGnns IN eLs TO anior . ig' Vp go
h mo- :. h9n t ~. Sl rSaiG to ge for '
y %s an %sras oN so. az !f a.. $3.50 e FOR CHRISTMAS
bin slOi5l Tomorrow tomorrow night to atas sal
to ssy noth'ns q ren, and rn,iin LIT tine KNOW What
InN ou,inc,s YIN tiek uP alser New Years Ihave
and oG arc about 81 5isiort ini inciaaS. 'l ~
you drew ehrck FIR las' wees am lr,l q iii, bnsl
Your. i,,iy. i Il ii.S @'l.
The reply, as follows was sent the next day;
.rym SIP Yours iatci a7u inst received ia1 S,y
M S ~ ~" h"i my ac,oan's balanced az cour-
Mm,h Lave .tenii,,''y rfo,;'d Since The aiSt Week
lon "a, ma an aboutsl rn short" laonot unl,r.
,noa M ~ ,ou drew ciccA, Tor ii., wcsL vi
hm .ou, euuon o' lhis mis'iauu,cut need not b,
A, soon Fl, am Wei enough 9, leave my ro,,nt wn
~, lon ny decision a, {, ihe other part q feur eer
mn, A"a 49, oa a., na,e qs,'r go nor .sn cae ungg
fGacGS toa.5al, of doaT. II d," "a, ~ Ti ms
~ ,,G ni.lt g'ni9r Il, huAnc Ion single w,,h
Your. &C., srrns rnsr
- 70 th.9tli ,,eyll above Summarized = appended