St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-05-24
FANNY ON THE STAND.
Nearly All the Evidence in the
Davenport Case Presented.

The same persons who have attended
the case all of this week were on hand
again yesterday to listen to the suit
against Fanny Davenport, Several
ladies. some of them evidently stage
struck, wandered in during the day and
gaZed long and intently at the famous
actress. But she never seemed to mind
it in the least
As soon as court opened, Judge Smith
denied the motion to dismiss made by
Miss Davenport's attorneys on the
ground that the alleged libelOuS notice
denying the motion, the court said:
THE court hasn't had any doubt at any
time during this case as to whether or not 1t
could dismiss this action or direct the YER
dict of the jury. The court cannot do it. But
there has been some doubt as to whether the
testimonytshould be admitted without some
amendment. 1t is the opinion OF the court
that the notice comes under the head OF
Hbelous on the fact and not III the class OF
privileged communications. There could be
no necessity for the words ungentIemanly
and dlsourteous.
Miss Davenport was the first witness
of the morning, her examination being
conducted by Judge Dittenhoefer. The
New York theatrical attorney stood
during his examination of the witness,
and asked his questions in dramatic
manner. Miss Davenport admitted that
Melbourne Mcdowell was her husband:
said she had been on the stage since
she was seven years old; and that, on
several occasions, the members of her
company had been paid their salaries
in proportion to the number OF
performances gwen, without any
objection having been made; and
she was, therefore, much surprised
when Willard, her manager. told her
that Lofts and Williams had refused to
accept a half-Week'S salary. Willard
had applied OpprObriOus epithets to her.
Mr.. Mcdowell afterward told her that
he knew that the two men had said
that they would make her name ring all
over the country; that they had called
her ''a -" and had sung a comic
song, in which her Hame appeared.
part of the words of the song being
"We'll do her uD." 1t was then that
Mcdowell had demanded that she post
a severe notice to the company.
Mcdowell afterward went upon the
stand, and in that deep melOdiOus voice
which has before now made the walls of
the old Pence opera house and the pub
lie hall of Anoka vibrate with passion,
told how he came to find out what Lotto
and Williams had said. His dresser, one
Clifton. had overheard it and had told
him about it..
During the afternoon dispositions of
John NJ. Flynn and his wife, who were
members of the Davenport company,
were read. Their dispositions were TO
the effect that it was the custom of
theatrical companies to post such no
tees as the one in question behind the
scenes. Their evidence also set forth
that Lotto and Williams had spoken of
Miss Davenport in diScourteOuS man
ner. Mrs. Flynn said that she had
heard Lotto speak sneeringly OF Miss
Davenport as 1.-The fair Fanny"
Theo Roberts deposition, taken in st,
Louis, was also read. He said that
Lotto and Williams frequently spoke of
Miss Davenport in diScOurteous man
ner. He also gave Lotto and Williams
bad reputation, and said that they
were wont to conduct themselves so dis
gracefully that he refused to stop at
the same hotels with them. He also
said, and this was a point for the
plaintiff, that it was the custom of
theatrical companies to pay weekly
salaries without regard to the number
of performances per week. He de-
two actors call Miss Davenport vile
names.
A deposition from Willard, who was
Miss Davenport's business manager
and also the man who was thrashed by
Williams, was next read. He was man
ager when Lofts and Williams refused
to accept half weeks salary, and he
further testified that it was the
practice of theatrical companies
to pay a regular weekly salary,
even though the company did not play
more than once or twice week. He,
too, had heard Lotto and Williams APP
ply vile and obscene epithets to Miss
Davenport when speaking of her.
Lotto and Williams we're both on the
stand later, and denied that they had
ever used the language attributed to
them. Judge Dittenhoefer then, at 5
O'Clock, rose to make motion in regard
to the striking out of certain evidence,
and Judge Smith dismissed the jury
until 10 O'Clock Monday morning, the
motion to be decided then. Miss Dav-
export will not wait for the verdict, but
will leave for New York tonight, to
sail for Europe on the 2Sth.