The record-union., 1892-09-24
SUED By Az EX-SENATOR.
Lively Tilt Between Senator Jones and
Actor Foote.
Sensational Scene in the Oroville Thea
,ter-SMasher'' Miller the Cause
of the Trouble.

Richard Foote, the actor-manager, well
known throughout the State, is just now
having lots of trouble up at Oroville,
Butte County, according to the San Fran
cisco Post. He is enjoying the distinction
of being sued by no less distinguished
gentleman than State Senator Jones, for
damages done to the latter's feelings. And
a third party, also well known in San
francisco, appears to have been, after a
manner, the cause of the trouble.
Last week the company reached Oro-
vile on its travels, and prepared to play
there in accordance with announcements
previously made. But on the day of the
company's arrival young lady in the
company CHANGED to meet that gentleman,
who once achieved considerable notoriety
in San Francisco, whether he deserved it
or not, as ''Masher Miller" She had met
him before in her home, which he had
visited as drummer, and therefore saw no
harm in replying to the salutation with
which he greeted her.
But Manager Foote had seen the en-
counter and he did not like it. AS mat
ter of course he had read good deal about
Mr.. Miller. and possibly he attached more
importance to the matter than it deserved.
AT all events he took an immediate OPP
portunlty OF saying as much as ne thought
wise on the subject to the lady, explain
ing at the same time his wishes that his
people should keep as much TO themselves
as possible on their tours.
But when the performance was about to
begin that evening, the manager saw Mr..
Miller, accompanied by Senator Jones,
stroll into the house, and there was some
thing, perhaps, in the manner of their
entrance which angered him.
At all events he felt that the occasion
called for prompt measures, and he pro-
ceeded to put such into execution.
His first move was to send TO Miller
quietly and request him to withdraw
from the house, offering to return him
his money, but this Miller positively re-
fused to do. He had paid the price of adj
mission, he said, and was as much en-
titled TO witness the performance as any
one else was. In this it would certainly
seem that Miller was standing fully with
in his rights.
But Manager Foote would not give up
the fight, and stepping before the foot
lights he stated publicly that there was an
Objectionable person present who refused
to depart, but insisted on remaining as
long as any one else did.
II now ask, ladies and gentlemen"
continued Mr.. Foote, that you will all
retire, as L will not give the advertised
performance tonight. Your money will
be returned to all of you at the door, and
after you have gone out and obtained it,
you are all, with the single exception of
this one man, invited to re-enter the hall
and witness, as my guests, free of charge,
another performance than the one which
was on the regular programme for to-
night"
This plan worked, the audience going
out as requested en- maSse. Before they
did so, however, Senator Jones, feeling
himself aggrieved through the treatment
| accorded his companion, arose in the au-
dlence and proceeded to score the man.
ager for his conduct. Foote replied with
some warmth, and for some moments the
| two banded words, both, perhaps, using
| more vigorous language in their excite
ment that the circumstance warranted.
Such, at least, was the conclusion which
Manager Foote probably came to last
Thursday when he found himself served
with summons in an action for dam
ages for defamation of character, brought
against him by Senator Jones. 1t would
seem from the statements made in regard
to the matter that Mr.. Foote had rather
strongly insinuated that Jones and Miller
were sawed off of the same piece" and
both entitled to the reputation which
Miller's experience in the courts of San
Francisco had done something at least
10 give him.
Jones' damage suit has of course not
yet come to trial, but it is stated that the
whole affair has so worried the actor
manager that he is now lying sick at
Oroville with brain fever.