The Savannah morning news., 1900-09-13
WHEN GREEK MEETS GREEK.
WITNESSES IN INJuNCTIoNHEARI
swORE AGAINST EACH OTHER.

ant ca the skies, While Those for
the Defendant Dcrided Her Ever,
Claim 90 ExcclIence--Nsiss stewart
and Her Trunk Absorbed the Time
and Attention of the Superior
Court-Wftnesses Created Merrt-
meat Ia the Court Room-PlaintIn
reIIs How one Coed Turn Descrv-
ed Another.
Judge Fanigant took up yesterday
morning In the Superior Court. the hear
ing upon the application for a temporary
Injunction made by r. A. Massart pro.
prietor OF the Royal Music Hall. prohibit.
ing Lzzle Stewart from singing or net.
ing at the rival establishment OF Nell
Gildea during the term OF n contract made
with her for her appearance at the Royal.
The Morning News OF Tuesday contain
ed an account OF the incipIency and The
preliminary rounds OF the Legal battle be-
tween the singer and the music hall pro-
prietor these preliminafies being fought
out in the court OF Justice OF the Peace
c D. Kline. The singer so Il was charg-
ed and shown. mad come TO Savannah from
Tampa In compliance with an agreement
for her appearance al the Royal. made
between her and Manager Frank Binney.
OF that establishment. She was TO APP
pear for two weeks, at a weekly stipend
Of so. For some reason she did not care
to live up to the agreement. declared il
was not binding upon her and on Monday
deserted the Royal for the rival place OF
entertainment further W the street.
She wanted her trunk and Il was not
surrendered 90 her A possessorw war
rant was sworn out before Magistrate
Kline aud Massart was arrested. Carried
before the magistrate he was found by
the Judgment Of that functiondry 10 have
the trunk ia his possession or control
and upon his failure 10 deliver IL would
have been sent 90 Jail but for the Ming
OF an application for a writ Of certiorari
20 the Superior Court and the giving OF
bond to answer for the eventual con
demnatiou money. In the meantime q
temporary restraining order had been OBJ
tained from Judge Falligant. prohibiting
the appearance OF the woman a. the Al
hambra until the further OF the court
II was the question whether this re-
straiuing order should be continued ia
force or dissolved that WIS before the
court for determination on yesterday.
and with which Judge Falligant parties.
counsel aud Witnesses wrestled from early
morn til dewey eve. Then IL had not
been decided.
one OF the points in the case was the
character OF the service rendered by the
singer. the law odering the remedy by
Injunction only when these services are
Of some special mefb or unique exec ienee
capable. o. being rendered only by the
party whose rendering OF such services TO
third party II sought TO be cnJoned
This produced a peculiar state OF facts
and peculiar condition Of the testimony
adduced on the stand.
The Witnesses for Mr.. Massart all testi-
fed that Miss Stewards services were OF
unique excellence and could moi be dupli-
Gated by any other performer In the same
business In the South The witnesses fer
Miss Stewart. on the other hand, swore
that her abilities were not whit above
the ordinary. and could easily be dupll-
Gated. at the rate Of So week for each
duplicate. az many times as were neees-
tiry or convenient or desired.
jones Sherr0n. manager for Giidea and
Witness for the defendant. was one OF
those who entered emphatic disclaimers
90 any possession OF superior abilities or
attractions on the part Of the singer.
she's only a good average performer"
h. said. I've worked lots better for so
a week"
And lots worse. haven't you. Mr.. Ser
ROM" querled Mr.. Hartridge for the plain
TN
Well" the witness resorted ~ have
didn't keep them long" There was 81
general laugh.
There was considerable discussion AMI
Interrogation OF witnesses also to the
present whereabouts OF the trunk. The
plaintim. who was placed on the stand IN
Nah lFsstH hat HN
nothing about ia.
well. Mr.. Massart" Mr. Hartridge
asked, did Miss Stewart appear TO be dis
satisfied with the way IN which she was
treated while she was at the Royal?"
Why. no." was the answer 1T looked
90 me that she was the gayest one IN the
bunch All the talk / had with her. though
could be covered in twenty words. The
nrst time remember her having anything
10 say 20 me was when she wanted 10
start a bar tab"
"A what?" asked the court and all the
lawyers. at the same time.
she wanted to get some drinks on
credit" explained the witness.
And did she seem TO have other than
kindly feelings for you at that time?"
asked Mr.. Hartridge
Well I thought not" was the reply
THE FIRST thing she did was 20 treat me
and. 20 show you how felt about Il.
The Introduction OF evidence was contin-
ued until $50 o'clock IN the evening. when
the recess was saken until this morning at
10 O'Clock The plaintiff has some evidence
IN rebuttal siilf TO Introduce and Il IS
possible that there viii be some other evi-
dence on behalf OF the piantln. Messrs.
o'Connor. o'Byrne g. Hartridgo and Cor
don Saussy appear for the plaintiff. and
Mossrs. Barrow a. Barrow for the defend
ant
The plaintiff IL rather nice-looking
young woman. whose charms are Of an or
der decidedly generous. As somebody in
the court room said. during the progress
Of the hearing. There's nothing small
about her" Indeed. the word generous"
is scarcely adequately descriptive OF the
extent Of her attractions She seemed TO
extract as much amusement from the pro-
ceedings as did anyone else. and smiled
saily upon everybody who was taking a
hand IN the game
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