The Anaconda standard., 1897-12-30
ALBINI LOSES A TRICK
The Magician Mustn't Play at the
California or the Imperial.
INJUNCTION is IN FORCE
One of the Lawyers Asks Another If He
Visited the Casino When Little
Egypt Was Testimony
of the Actors.

The Albini injunction case was heara
by Judge Clancy yesterday, and Tor
about four hours a small audience OF
variety theater performers and others
were entertained by the proceedings.
The court patiently listened to a mass
of evidence on the motion 10 dissolve
the injunction aud permit Alpini ana
his wife to perform at the Imperial and
California theaters, and then oVerruled
the motion. and the magician and his
clever wife will take a layoff for the
remainder of the week, or complete
their contract at the Casino.
Albini was the first witness examined,
and in answer to the preliminary ques-
tions asked him concerning his occupa-
tion he said:
too"
Albini said he entered into a contract
with Manager Kinney and the latter
gave Nellie Mcguire, the witness wife,
permission to perform at the California
at the same time she was engaged at
the Casino.
las / could not take Mr.. Kinney's
word for anything. | drew up contracts
and put it in black and white" said the
witness.
He signed the contracts and sent
them down to the Casino for approval
and a Mr. Fielding brought them back
and signed them for the Casino.
Who is Mr.. Fielding" the witness
was asked.
Assistant manager, and a very abe
/ one was the reply.
i Mr. Fielding signed the contract and
| then inserted the words FOR one
week" to indicate the time she could
/ play at the Casino and Albini erased
! the words in the presence of Mr.. f1eid-
/ ing. The witness said he worked at the
Casino until it came time TO rehearse
/ for a burlesque he was to put on for
! the second week. He couldn't get the
| performers out and kicked about II,
| whereupon Kenney told him that the
house could run without him and Al
bini replied that he would take him al
his word and close at the end of the
week Subsequently he sent word lc
the manager that he would play out his
whole engagement, but Mr. kenney
sent back word that he did not want
him.
He said he had better man than
| ever dared to be-.
Now, Mr. Albino"-said Mr.. Parr
Mr. Albini, sir corrected the wit
ness
Mr. Albini. are you not mistaken
about what Mr.. kenney said to you?'
i never make MISTAKES.
Not even III your triclls?'
Never; you know that yourself
'Is not one of the reasons why yol
broke your contract the fact that th'
Casino was too low a place for YOU?
"Oh. no. | work anywhere if | an
paid my salary.
The witness talked so loud. empha
sized his testimony with violent ges
lures and went into so many irrelevan
details that the court had to call hin
down.
4 want to tell all" said Albini.
We'll. we don't want to hear all.
said the court.
You know, your honor, magic
ian"
THAT will do. don't care anything
about that interrupted the court
You eonfine yourself to answering
questions asked YOU
Mr.. Parr asked the witness as to VIII
all were present. or within hearing, a
the time he had the controversy witt
kenney The witness named some.
DO you always talk in that loud ton
of voice." asked the attorney.
You must excuse me. said Albln1
Il am so used to stage work that l for
get myself"
Then person 40 or so feet ava,
could hear all you said?"
Possibly
In answer to further questions as /
what all took place between Albini an
kenney the witness answers We're ~
satisfactory To Mr.. Parr
You We're in a maze?a suggested MI
Parr.
Il am never amazed"
4 said in a maze'-you We're In
sort of dream
Il never dream my conscience
clear
Mrs. Albini was the next witness al
testified about The contracts and al
fact that Fielding inserted the word
fer one week In the contract afte
they were signed and We're erased b
Alhini
A man named Cohen testified that II
carried a message to hennes OF sun
day night from Aibini Offering to 8
back to work.
f. NJ. Hall. one of the at torneys i
the defendants. was called as a Witnes
and testified about visiting tic Casin
on Monday night as attorney for )
bini and had talk with kennay. @h
told him Albini had closed. fieldin
also told him that Alhini couldn't com
back. as they didn't want him.
What time We're you at the Casino? :?
asked Mr.. Parr.
Il can't say as to the hour"
DO you know about the hour thf
Little Egypt appeared
Il didn't know she was there, ar
swered the big lawyer and footba
. player.
! You didn'to" queriad Mr. Parr raj HI
inereduously. You dldn ask NJ
kenney to introduce yea - her"
Perhaps | did
You have met Ter since?'
YES / have"
: Mr. Grice interrupted Mr.. Parr
method Of examination. We'll haA
you for a witness next he said, Yo