The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-03-17
MARLOWE,S LIBEL SUIT.
The Actress Must Get Down to n
Business Basis.

Rochester O.. - Chronicle.
Miss Julia Marlowe has begun a peculiar
action against the Indianapolis Journal. the
final outcome of which will be awaited with
no little interest by newspaper men gem
orally, and dramatic critics particularly. A
combination of rare beauty, artistic talent
and clever management has resulted in Miss
Marlowe's advancement to the first rank of
dramatic stars. During a recent profession
al tour she visited Indianapolis. On that
occasion a writer in the Journal stated that
the stars supporting company was poor,
not only, but stated that such was habitu-
ally the case when Miss Marlowe appeared.
Now it is to be judiciously determined how
far the press is to be privileged in its
criticism of men and women theatrical, be-
low the grade Of stars.
1t will be at once obvious there are some
elements of difficulty in Miss Marlowe's
case. In order to obtain even a quasi-stand-
ing in court, the plaintiff, in this instance.
must eliminate all the artistic features of
her profession and place it upon a simple
business basis. The question then to be de-
termed by the jury will be whether that
business has been damaged by the state
ments made by the newspaper, and whether
the statements made were warranted by the
- ~ 40 thot
the principal difficulty lies. Who shall say
whether these subordinate actors have done
their work well? 1t seems that, in the pre-
sumably candid opinion of the critic of the
journal, their work was badly done. He
volunteered the opinion that the work done
Dy the people supporting Miss MarlOwe was
habitually bad. OF course, the quality of
the work is a question which must finally
pc submitted to the jury as a matter of
fact, and the facts must be established by
evidence. The introduction of expert testi-
mony suggests itself as the first method of
coming to a determination in the matter,
and right here the question of what consti-
tuteS a competent expert in determining the
merit of a theatrical performance obtrudes
itself. Perhaps professional dramatic crit
les most nearly approach the ideal expert,
but in this instance one of this class of ex-
perts is on trial. If it be deemed the part
ton, to subpoena members of the audience,
It is not unlikely that there will be wide
divergence of opinion. For, after all, the
question of the merit of a dramatic per-
Torrance, in its last analysis, Is largely
one of taste. more or less artistic. Ones
opinion depends somewhat upon his own
frame OF mind, and dramatic work by the
supernumeraries which may seem pretty
bad at one performance may appear suffi-
GENTLY endurable to be put out of mind at
another performance. Under this plan of
procedure it would be necessary to summon
every member of the audience, and, after
hearing the opinions of all. strike a general
average; and it may be remarked, by way
of parenthesiS, iffhat this general average
will be pretty well represented by the opin-
ion of a candid newspaper dramatic critic.
Still another method might be adopted,
and it would be entirely in line with jul
dicial practice of the present day. The per-
formance might be given in the presence of
the court and jury. There would still be
the valid objection, however, that under the
peculiar circumstances attending such a
performance the subordinate actor people
might forget that it was their duty to
subordinate themselves to the star, and in
dulge in a little genuine acting. For it
must not be forgotten that much of the brill
liancy of stars dramatic, as we'll as OF stars
celestial, is due toccontrast.a
Whatever course may be adopted in ar
company supporting Miss Marlowe, the trial
will not fail of affording more genuine en-
tertainment than is usually offered to the
theater-going public. 1t is not unlikely that
the really charming and meritorious, not to
say enterprising, artist will obtain a liberal
amount of advertising, but 1t Is not prob
able that her bank account Will be largely
augmented as a result of the trial.