The morning call., 1894-10-30
The MoCking-Bird That
Was MOCked.
AND THE CLEVER SOUBRETTE
Professor Fox and Mime. d'OrVille
Have Their Grievance.
AGAINST MRS. CHARLES MEYER.
Suit for Salaries i'm Which Stars O1
the Variety Stage Express
Their Views.

A human mocking-bird and a clever
soubrette Joined company yesterday in a
suit against Mrs. Charles Meyer of the
Wigwam Theater in an action for the re-
covery of salary.
The human mocking-brd is a species
whose rarity should commend it to the
notice of all scientists. a soubrette is an
everyday style of character and attracts
only moderate attention, but when the
human mocking-bird ltrills forth IN place
OF public amusement an over-exacting
public desires that it shall mock in such
style as shall please the over-sensitive ears
of its hearers. This particular mocking-
bird appears to have failed in this respect
to jndge from certain features introduced
by the defense in this case.
Professor l.. Fox ia the name by which
this human embodiment of an I'D Chrsty
minstrel hero sought to astonish the pleas
ure-loving world of San Francisco. Ac-
cording to the words of the complaint ne
filed against Mrs. Meyer in the justices
Court some time ago Professor Fox, the
mocking-bird. and his wife, Nine. Maude
d'Orville, the clever souhrrtte, telegraphed
to Mrs. Meyer for an engagement last
spring, and were engaged to appear at the
Wigwam for two weeks commencing May
10. Their joint remuneration was to be
500 a week.
The time came ana the parties appeared,
for one night only. On that occasion Pro-
fessor Fox Knocked and Nine. Maude d Or
vile soubretted. But. if the defendant in
this case speaks the truth, the audience
Knocked also. and the consequence was
that at the close of the performance Pro-
fessor Fox and Nine. d'Orville received a
polite note from Manageress Mrs. Meyer
- fke,,, tt,ok
Cancelled. as their performance was not
considered satisfactory by the manage
ment.
The upshot of this was suit for salary
in the Justices Court. The case was tried
before Justice Barry, who after due con-
sideration awarded the plaintiff performers
q sum Of S139 exactly. From this ludg-
ment Mrs. Meyer appealed TO the Superior
Court, and the case came on for trial yes
terday before Judge Hunt and jury.
The courtroom was full of stars. not
astral, but professional. The heroes and
heroines of peTilOus feats and witty stanZaS
were there. clad not In the gauZe and
spangles of their art, but in the sober walk
ing attire affected by the common herd.
IL then became question OF custom, more
than law, in respect to the binding effect
upon managers in general OF such engage
ments as the one In dispute.
There was no written contract in this
case, the engagement having been made by
telegraph between here and Chicago. But
the plaintiffs claimed that having been
engaged for a certain time at certain
rate, they we're entitled to their Temunera-
| tion, whether the public or the manage
ment liked it or not. On the contrary,
Mrs. Meyer claimed that her rights as
manageresS Of a place OF public amuse-
men gave her the power to cancel any en-
gagement, should it not prove up to the
mark, after one nights performance. On
lau ha do m q of ha
whole case.
Both sides had their witnesses. The
appellants called Mr.. CliQuOt, an effer-
vescent sword-swallower, who said that in
all such cases it was customary for per-
! former to receive his peremptory discharge
| after one show If such show proved not to
be what it called for on the bills. The
same testimony was given by Miss Mo-
| randa, a trapeZe artist. who glOried in the
| fact that she was So years old, and scoffed
at any objections made to her disclosure
of that fact. She had been in the business
| twenty years, said Miss MOranda, and she
| knew what was what.
| A gentleman who said he was song
and dance artist, and had just finished a
| three weeks engagement at the Wiswam.
| expressed surprise at the nerve displayed
| by Professor Fox and Madame d'Oryille
| in suing for salary under such cir
! cumstances.
''Fm SONG and dance artist" said this
| gentleman, "and have been 50 for years,
and | know that must 90 what l adver-
| tise to do on the bills. and 1t must be up
to date. too. Lord bless you, If Pm down
for Dutch act, and / give black act in
| stead, I'm not acting up to the letter of the
law. I've got to be Dutch or nothing"
Most of this testimony went TO show
that it was not the mocking-brd that
caused an unsympathetic audience to jeer.
1t appeared that the audience became so
tickled at the shrill sounds emanating
] from this human wonder that iwhen the
turn of the clever soubrette came the i'm
pulse TO deliver a mocking accompani-
meut to her songs proved irresistible.
| The effect might have been great, but
then the gods will overdo things. and dis
aster was the result.
A lady supplemented all this with tes-
timony regarding her varied experience
on the variety stage. This witness, too,
had something to say respecting the be-
havior of Professor Fox and Nine. dor
Vile during the one and only night of
their performance. She said they caused
"a great deal of corruption" upstairs.
| The lady repeated this remark several
times, and then the shorthand rerorter
started out ON a voyage of discovery. BY
and by he learned that the lady-foreign-
meant "commotion."
On the other side Mr.. Fred Bennett,
! comedian, said be witnessed the perform
anoe given by Professor Fox and Nine.
| d'Orville at the Hot Springs, Arkansas,
and that 1t was ''al right" He thought
| they ought to get their salary as compe-
| tent artists. In this unfinished state the
case was left until to-day.