Morning journal and courier., 1884-07-19
rHE CARLL opERA r1ousE.

Question as to the Ownership of the
 Property - Hearing Before Judge
 standardization Reserved.
 Yesterday before Judge Stoddard was heard the question as to the validity of the conveyance of the Carn Opera House by P. R. Carll by deed to George E. Coney in Febru- ary last. The question at issue was whether
 an injunction prayed out by MT. Coney
 against the removal from the opera house of
 the scenery, stage furniture and mirrors at
 tached by Foskett & Bishop, of this city, last
 May on bill of $1,OOO for steam heating,
 should stand. With the object of getting a
 better understanding of some of the circum-
 stances than could be obtained from testimo-
 ny Judge Stoddard, accompanied by the at
 torneys on both sides and Manager Peck
 of Peck's Grand Opera House, visited Carll's
 yesterday morning and explored the dressing
 rooms and all the regions of the stage. They
 viewed critically and from both commer-
 cial and artistic standpoint the scenery, the
 furniture the mirrors and other furnishings
 and surroundings in general, and then re- turned to the library of the Superior court to hear evidence. Manager Peck accompanied the party on their inspection tour as an ex- pert in matters theatrical and was afterwards witness in the same capacity. A statute law provides that property which is abso- lutely valueless to the creditor, when re- moved, but is of value to the debtor, if left, shall be exempt from at tachment. This was one of the grounds advanced by Colonel Dexter R. Wright, Mr. Carll's counsel, for the per manency of the injunction The other was that the suit should have been instituted against George E. Coney, inasmuch as MT Carll made to Mir. Coney in February last an absolute conveyance of Carll's Opera House, and all the furniture, scenery, fixtures and interior properties generally.
 MT. Carn declared positively in his testi- rnony that if the theater was left destitute of any of the property attached it would be val ueless for show purposes. The twenty-five or thirty mirrors in the dressing rooms and the mir TOTS in the auditorium were absolutely necessa- " for properly running the theater. The seen cry if taken out would be practically worth less. He had cords of scenery in the cellar of the house that had been left him by tray cling companies in his debt. In only one case did he actually seize the scenery as se- curity for an unpaid claim. In all the other instances the high sense of honor prevailing among theatrical managers had impelled them to leave portions of the scenery with him against his protest. As an instance of how the worth of theatrical properties de- preciated under certain circumstances he said that E. E. Rice vainly endeavored to hypoth-
 ecate costumes which cost $50, 900 for the
 paltry sum of $500
 "Then all your furniture scenery and oth-
 CT properties described are positively neces-
 sary to the running of your house for show
 P17Gca11
 "Yes, to run it through an ordinary series of engagements for single week in the amuse- ment season." replied Mr. Carn. FFor a minstrel show or an Irish drama, such as Joe Murphy plays, should need certain styles of chairs and other furniture, and for society play all the parlor furnishings besides some from my own house."
 Manager Clark Peck thought that there was an unnecessary lavishness of mirrors in the dressing rooms One mirror to room could be made to answer all needful purposes, although more facilitated dressing and making up" of faces if the troupe were a large one.
 MT. Coney, who is lawyer in New York and MT. Carlls son-in-law. MT. Carll said of there was eveRa an honest transfer, that was. needed $1, ,00O or $1, 200 to pay off a foreclosure judgment and MT. Coney, after repeated appeals, advanced me
 the sum necessary in the form ot
 draft and took my whole interest
 in the opera house for the consider ation. I could get no one else to help me | out Colonel Wright is MT. Coney's agent | He has key to the house and can depose mt any time he chooses. MT. Coney allowed m' ! to retain such profits as can make"
 In reply to Judge Stoddard's questions \ MT. Carll said that no change in the pos session or conduct of the house followed thu transfer. The lawyers on the other sid' argued that it was one of convenience simply \ and therefore void, MT. Carll being the actua owner as much as ever. Judge Stoddard re | served his decision.