New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-06-02
ARGUING THE MATHER CASE.
THE ACTRESSES CONTRACT WITH MR. HILL.
AFFIDAvIrs BY MRS. HABEHCORN AND OTHERS
SO DrcIsToN MADE.

AFFIDAvIrs BY MRS. HABEnCoRN AND OTHERS
no DECISION MADE.
Margaret Mather tho actress with her husband
Emil Habercorn and his sister. sat in tho supreme
Court Chambers yesterday, listening to the argument
before Justice Lawrence on motion to CONTINUE tho
Injunction obtained by J. NJ Hill, Of the Union square
Theatre 70 restrain her from performing under tne co
tract which she has recently entered pto with Gnor0
te Tompldns Mr. Hill claims that she Is under con-
tract to act solely under his management until 1915
lie present, sitting near his counsel ~ H.
Hummel Rx-Judge A. J. Dfttenhoefer and Generai
Horaslo C. King represented Miss Mather
Mr. Hummel told how Mr. I'LL had discovered
the young actress In 1881 She was Unknown 10 iahe
he sad when he introduced TO her and he had sent
her to the house Of John Habberton to remain until
she had become wellinsructed In her art She asked
only $50 a week but he made a contract with her by
which she was to be a star" and agreed that sho
should have one-half of tho profits. lie took her 10
Chicago and hired theatre where she made her nrst
appearance On this occasion 1874 taken In at
tho doors. The first years receipts announced 10
ga go tho second years TO 615 and the thrd W
S30. 438. Then he brought her to New-fork ana she
played at the Union Square Theatre but the business
was poor and the losses were heavy Ho, however,
kept her reputation as an actress high before the
public and when she the road she did better
In February, 1887, she made the new agreement WIN
Mr. IIiH Soon after she refused to keep 1t, saying
that Mr. Hill not keeping the accounts fairiy'
Her counsel, General King, was allowed to eAafnino
the accounts. A few days later she began SUIT 10
have her contract with Mr. Hill annulled and without
waiting for decision In that case made conersct
with Gilmore and Tompkfns.
General king In reply maintained that Mr. Hill
had lived up tho terms of his contract and had
treated tho actress unfairly He presented documents
to support the assertion In an affidavit MIS- Haoer-
corn says that she first became acquainted with Mr.
Hill In 1881 through Dr. Bowlby friend OF hers VINO
brought him to hear her recte. After l had
gone through several of different pays, she
says "Mr Hill asked me- II 1 was willing to 60 with
him, to which agreed. He asked me how much
salary wanted, l answered fifty dollars week.
lie laughed and said, 'Oh mean to star YOU
L replied that that was different NATTER
Miss Mather says they made agreement by
which she to receive 25 per cent Of the net profits
the first year so per cent thereafter during its
continuance. She tells Of the success she achieved
and says that at the end Of the in 1854 there
net profit of $3s, 615 So, one half OF which she
should have received less her personal expenses and
Indebtedness to him of the previous year, leaving
net balance of $f3750 10 in her favor. None Oh
this money even paid TO heb Mr.. Hill afterward
told her that he had invested her money in the Column
bla Theatre Company, OF Chicago. Tie afterward
told her that she would have TO lose 1t all She says
that she received only 81 800 in all rem Mr.. Hill up
TO the termination of her first contract In the spring
Of 1887. She made the contract with Gilmore Tomp-
kns because sho considered herself released from all
obligations to Mr. HILL
that examination of Mn HIPS books by him shows
balance due Miss Mather under the first contract OF
FAB o. Emil Habercorn, the husband OF the actress,
in an affidavit, corrobol1tes OF her statements.
Ex-Judge plttenhoefer made the closing argument
her and investing her money in wildcat schemesS
He maintained that the new contract with Mr. HI
would not stand and that Mr. I'M had acted with bad
faith toward her. Decision was reserved.