The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1906-12-29
ACTRESS
IS SUE
As Well As Her Manager BY Young
Men Elected From Fair
mont Theatre.
FEELINGS ARE WORTH $4,000
Is Their Claim and They Institute
Three Suits For Five Thou
sond Dollars Each.


f. ". Ruckman, OF Monongah,
Thomas j, Powell. Of Allentown. Pa.
and John w. Sands. of wheeling.
three we'll known young men have
entered suits in the circuit conrteof
Marion county asains Eva Tanguay,
the actress. and R G. Henderson.
her manager The suits allege tres
pass on the case and damages 6ggre-
eating fifteen thousand dollars IN
in the three cases is asked. Attor-
neys W. s. Meredith and E.
showalter represent the plaintiffs 81
the case.
While the bills of particulars have
not as yet been filed It Is said that
the pIafntiRs ask redress from the de-
PENDANTS for public insult Miss
Tanguay' action in singing out the
young men from the stage and order
ing them from the theatre and the
assault committed by Mr.. Herndon
upon one Of the young men while tryts.
ing to eject them from their seats at
the Fairmont theatre Thursday night
constitute the grounds upon which
the young men base their case.
The suits were filed Friday and
the papers were delivered into the
hands of Sheriff Furbee. An EFFORT
was made to serve the summons mp
on Miss Tanguay and Mr.. Herndon
but the two deputy sheriffs who had
the papers learned that the two de-
,fendants had boarded train for
Grafton
Sherfn Furbee went to Grafton
Friday night and personally served
the papers. which are summonses.
for the defendants to appearin Fair
mont at the January rules.
Miss Eva Tanguay filled an en-
gagement at the Grand opera house
on Thursday night in an attraction
called "A Good Fellow" Ruckman.
Powell and Sands together with three
other young men occupied the front
row of the orchestra circle on the
left side of the house. During the
second act of the performances and
Immediately after Miss Tanguay had
finished singing song which she di-
rected to a young man who sat In the
stage box on the right side Of the
house, she walked to the Sootlights
and ordered the young men from the
theatre Her manager, Mr.. Herndon
came down the center aisle and at
tempted to eject the young men from
their seats. They at frst refused to
go, but when Miss Tanguay ordered
the curtain down. the young men left
their seats and went to the rear Of
the house.
Later Sands swore out warrant
before Justice SwindIer for the ar:
rest OF Herndon. charging him with
assault and battery. The warrant
was served by Constable Walker but
Herndon was allowed to put up g for
felt of fifty dollars for his appeafeFAes
FOR trial.
Herndon, together with Miss Tan
quay and Miss Hollis, OF the COM
pany. were on hand in Justice
swindler's court Sands was repre-
,ented by Attorney 2. NJ. showaiter
md the warrant charging Mr.. Hern-
lon with committing an assault upon
sands was read to him.
Herndon had no counsel NOR did
,e contest the case further than to
make a statement, Ruckman,
lowell and Ned Smith we're witnesses
Introduced by the plaintiff. but the
Rial resulted in the defendant be-
X found guilty as charged n the.
,arrant and hned ave dollars and
osts for tn eofense.
Mr.. Herndon stated thst 5e re-
retted the ahair ana stated that he
,as not in the habit Of getting Into
lis sort Of trouble