The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-02-15

But Music Hall Artists Are still i'm
.p bad Financial Condition.

The attachment suit of Neil Gildea
against George w. Lewis and May Adams
was tried in the Court of Magistrate
Kline yesterday. The plaintiff had not
complied with the provisions of law that
have reference to the manner of proving
his case, and, seeing that the case must be
decided against him if he persisted it
was dismissed at his instance Another
attachment, however, was at once sworn
out.
The condition and position of the man
aud woman who are the defendants in
the attachment are a bit pathetic. They
are residents of Baltimore, and variety
sketch artists. In his capacity of owner
and manager of the Alhambra Music
Hall, Gildea entered into correspond
ence with them looking to an engage
ment, which finally resulted in their
leaving Baltimore traYeing on tickets
furnished by Gildea, and coming 10 "a
vannah
They played one night at Gildeas music
hall, when he found that he could not
stand for them longer and discharged
them without further delay. According to
his contentious they DID not come up to
the standard of alb l.ty which he required
and which they had represented them
selves to have reached; according to
theirs. their performance was all that
could have been desired or expected and
eorresponded" in all essentials with what
they had pictured it TO be in their CORE
spondence with the music hall manager.
The opinion of the audience that wit
messed the initial and final appearance of
the defendants is unfortunately lack
ing.
AT any rate, after he had discharged
both members of the pair, Gildea swore
out an attachment against their stage
costumes and personal attire, before
Magistrate Kline. The trunks We're levied
on and carried to the office If the fnagis
trate, where they have peacefully repos-
ed ever since the defendants not being
able to give the bond that forms in law
a necessary preliminary to the release OF
the property.
When the case was called yesterday the
defendants We're represented by Mr. w
r. Leahen, but the plaintiff appeared for
himself. When he attempted 10 prove the
contract that he had entered into with
Lewis and Adams by verbal testimony
Mr.. Leaken objected, on the ground that
as the contract was fully described in the
letters that had passed between the par
ties. 1t was improper and Illegal to at
tempt to prove it orally, The contract
was relied upon by the plaintiff to justify
the dismissal of the defendants after their
first appearance, in case they We're rot
satisfactory to him, and when he found
that he was not 10 be permitted TO prove
this he threw up the sponge. The letters
he had written TO the defendants We're
or were presumed to be still lin their pos
session and to have them produced in
court required the service of notice upon
them. Therefore 1t was that he had to
dismiss the attachment. and did it at his
own cost.
Another attachment, however, returnabe
to the next term of the Justices court,
was Immediately sworn out and served by
levying 1t upon the property, The trunks
thus remained in the possession and con-
troll of the ma gistrate, and will continue
to be so held until the case is disposed Of
finally or bond given for their release.
In the meantime the team, so-ealled in
theatrical parlance, are in rather bad
financial condition. Manager Weis has
offered them the use of the theater for
the purpose of giving benefit perform
ance, but their lack of costumes inter-
feres with their own appearance in the
benefit to any great advantage. The case
will not be tried for a month, and in The
meanwhile the condition of the man and
woman excites sympathy, whatever may
be the respective merits of their case and
that of the music hall manager.