New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-08-30
TESTIMONY ABOUT" CAPTAIN SWIFT"
MISUNDERSTANDING ABOUT THE " HOME
AND ROAD" coMPANY-wHo is
TO BLAME9

TO BLAME3
Judge Bartlett OF the Supreme Court, in Brooklyn
yesterday listened to the evidence in the Of Colo
mel Sim, OF the Park Theatre who seeks to restrain
'iessrS Knowles Morris, OF the Grand Opera House.
IRON producing Captain swft' at their house on
monday. The questions at issue were whether Colo
mel Sims contract really meant the home' company
where the word original used, and also whether
David A, Bona, A. NJ Pamers agent, had the power
TO sign contract TO that effect
walter Sim, the son and partner of the Colonel.
testified that he sent Mr. Bonita letter, enclosing the
contract for tho Original Madison Square Com
pany that the letter called attention to the fact that
1t was for the original" company, and that the con-
tract was returned signed by Mr. Bonita for Mr.. Palmer
On August H. witness told Mr.. Bonita that he noticed
that the original Madison square Company was an
nounced for tho Grand Opera House, and Mr.. Bonita
then promised 10 soon and explain the
AFFAIR Aherwad Mr.. Bonita told him that MIR.
Palmer personally had booked Captain Swlfr for the
Grand Opera House, and told him TO cancel the Park
Theatre date, but Colonel Sim refused to assent to
this. Witness said that letters addressed TO Mr.
Palmer had been answered BY Mr. Bonita, that all
business done with the Madison SQUARE Theatre peo-
pie lad been done with him. and that the signed con
tract was receievd from him time last March.
Colonel Sim testified that Mr. Bonita had boon in
Mr. Palmer's employ for five or six years that when
he called TO Mr.. Palmer in reference to dates or
plays he referred 10 Mr.. Bonita and that for the
last two years he had never signed contract for the
Madison square Theatre Company with any one save
Mr. Bonita.
David NJ Bonita testified that he had been in Mr..
Palmer's employ for about six years, and controlled
the fixing Of dates for the out-oftown companies OF
the Madison Square Theatre. His route card was
put in evidence and II showed that It was the travel
ling company only that had been booked for the Park
All Of the contracts he had made had been for the
travelling company and he never even made dap
for the home company.
Judge Bartlett asked the witness how he came to
sign the for the original company, and he
replied that he signed the contract without looking at
any part OF IT except that which related TO the per
centagcs lie also said they had often sent companies
10 Brooklyn a. original when they contained only
two or three OF the original company.
Then that was fraud on the public was IL noti'
asked the Judge. THAT is what it looks Ike This
litigation, If lt sccomplishes nothing else may serve
to show up such system
Wesley slsson, manager Of the Madison Square
Theatre, testified that the homo company was con-
trolled exclusively by Mr.. Palmer Maurice Barry
more, who plays the title role in Captain swift, was
on hand testify but his evidence was not required
Counsel for each side then summed up the case briefly
The Court then said: could decide tbs case
now but 20 giant this Injunction would be to declare
Mr. Bonita guilty OF perjury. have not read all Oh
the papers, and do not wish to give decision until |
have done so. | will therefore take the papers and
give nv decision tomorrow morning"
Hugo Hush appeared for Knowles & Morris ana
Mr. Bonita and J. c. Patterson for Colonel Slim.