The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-11-14

Justice Sommer's court was the
scene of an Interesting trial yesterday,
in which Russell Bassett, formerly of
the now defunct Grand stock company,
sued Manager H. F. McGarvie to re-
cover $299, alleged to be due for breach
of contract The plaintiff alleged that
he was discharged without the Gus
tomary notice, and that Mr.. McGarvie
had failed to live up to the contract,
which. according to PLAINTIFFS con-
structior, required the manager to pay
plaintiffs fare back to New York When
his engagement ended.
Mr.. Bassett was represented by At
torney John NJ. Zane and Attorney d.
B. Hampstead appeared for Mr.. Nc
CARVE, and the trial was had before
a jury.
MIR. BASSETT TESTIFIES.
The plaintiff was the first to take
the stand, and, in reply to Mr.. Zane,
said that he had been an actor by pro
fession for more than 80 years; met
Mr. McGarvie in New York early in
August of the present year; entered
into an agreement with Mr.. McGarVle
to come to Salt Lake and play in a
be mutually agreeable to both parties.
Mr.. McGarvie paid plaintiffs fare from
New York to Salt Lake; arrived here
Sept and commenced playing on
Sept. 20, and continued for a period
of five weeks The first week he
played in Across the Potomac, the
second in "The Social Highwayman,"
the third in The Black Flag" the
fourth in claire and the Forgemaster''
f+I IN7rr 1ic11
His parts ranged from dashing army
officer to that of a spiritualistic me-
dunn, Irish father and all-round old
man.
Mr. Zane asked if it was the custom
for theatrical managers throughout the
country to pay the railroad fares of
members of the. company back to New
York or point Of beginning in the
event of the organization going to
pieces.
Mr.. Hampstead objected to the wit
ness answering the question, but the
objection was overruled and Mr.. Bas-
sett said that there was, providing the
manager desired to keep his reputation
in the theatrical world.
Witness had reported for duty every
evening after having been notified of
his discharge. The first night he ap-
peared at the office and said he was
there to carry out any task that
might be assigned to him. Mr.. Nc
Garvie simply smiled and witness went
away. On the second evening he
again reported and Mr.. McGarvie, with
q wave of his hand and in a loud tone
of voice, told him to go away; that he
had all the employees he wanted. On
the third night Mr.. McGarvie simply
yelled at him and told him he didn't
want any janitors about the place, and
wanted witness to get out. On the
fourth night Mr.. McGarvie said if
witness came again he would throw
him off the porch. Witness replied
that he was acting under strong legal
advice and that he would continue to
report for duty. McGarvie then told
him to go to HI, and used other Ian
guage so strong he didn't care to
repeat it.
Mr.. Zane Gnterrupting)-It was VIC
lently profane, was it not?
Witness-It was; and, my life being
threatened, l sought police protection
and afterwards reported with officers
accompanying me.
Witness further said that he had re-
ceived no notice of incompetency from
Mr.. McGarvie for any of the work he
had done. In The Social Highway
man it transplred that the cast left
witness out of the piece. 1t was finally
agreed that it would not do to have
witness out of the cast. Therefore, on
his own suggestion. he took a woman 5
part and changed the language and
circumstances to suit the role of a
German professor who made a special
! ty of spiritualistic seances. Witness
said he made a hit in the creation and
received a curtain call.
CROSS EXAMINATION.
Mr.. Hampstead then put Mr.. Bassett
under cross examination and frs
asked witness if Mr.. McGarvie hat
assisted in his curtain call. This an
gered witness and he replied somewhat
! testify that Mr.. Hempstead's query
partook of the funny" order Mr.. Me
CARVE had never expressed satisfaction
or dissatisfaction concerning witness
work as an actor. He had been con.
nected with a good many theatrica
companies during his professional
career and had managed some; haC
Lake and over the rest of the country
in 1880.
Mr.. Hempstead-Did he bring vol
| here?
Witness-No, sir; I paid him 81 900
week. That ought to be a sufficien
answer to the question.
Witness explained, in answer to Ger
tain further questions that he expert
enced some considerable fear for per
sonal safety when reporting at the DO,
office for duty. Mr.. McGarvie's tower
ing form and froWning manner wa
the cause of his fright. That was VIII.
he sought police protection. He did s.
under legal advice-the strongest il
the city. Gaughter).
Mr.. Hempstead-You still think j
was that kind of advice?
Witness (confidently)-I have had II
occasion to change my mind upon tn
matter as yet I think 1 was right.
Mr. Hempstead-On the morning af
ter the first presentation of Clair
and the Forge Master didn't the pa
pers roast you to a finish?
Witness-The company, yes; all bu
myself
Mrs. Bassett, wife of the plaintiff
testified that it was the usual custom
of theatrical managers to send mem
bers of a company to the fitting-Ou
point when the company disbanded be
fore the end of the season.
IN GAY NEW YORK; PEOPLE.
jeremiah G. Peaks, Edwin S. Carr
Eddie Foy and Lee Harrison of tn
In Gay New York company CAV
sett.
EDAZzLER" MANAGER FOR TIL
DEFENSE.
This closed the plaintiffs case, an
the defense opened by calling John I
Cosgrove, manager of The Dazzler
company, who said that he had bee
in the theatrical business for 20 yeal
and had never yet sent discharge