Los Angeles herald., 1908-10-20
COURT DECIDES
AGAINST ACTRESS
MISS MORTON LOSES SUIT;
WILL GO EAST
BLAckWooD, WYATT AND coRT
CALLED AS EXPERTS
Question of Which Is Leading Part
in "The Telephone Grip is
Settled for All
Time

Mildred Morton will be compelled to
pay her own railway fare on her return
trip to New York. Miss Morton says
she is in position to do so, and that
she will shake the dust of Los Angeles
from her neat, high-heeled slippers as
soon as she can pack trunk. Incl
dental to the decision of Justice Steph-
ems yesterday that Manager Il. a.
Fischer of Fischer's theater Will not
be called upon to furnish fare ana otn-
er expenses to the young woman Wien .i'9,
she goes to the metropolis, the leaulhs 3
role in the Telephone Girl' has peeh
decided for all time.
Miss Morton sued Manager Fischer
for violation of contract According 10
her agreement with Frank Blair, pro-
ducing agent for the theater, she says,
she was to take the leading part IN
plays appearing on the stage of that
house, and in the event of her dls-
charge was to receive her fare TO New
York.
According to Messrs Blair and Fisch-
er, the young woman was given the
leading role. According to herself she
was not. Il was given the part OF OF
EsteIle," she said, land no actress OF
dignity would accept such part.
Beauty Fairfax is the leading woman
in the play, and that was given to
some other person-so there"
Will Carleton, a librettist upheld
Miss Morton in her contention last
week, and the case was continued un-
til yesterday for further expert tesil-
mony. This was given by John Black
wood manager of the Auditorium ;
Henry C. Wyatt, manager of the Ma
son; George Towle, a musician, ana
Charles York, general representative of
the Northwestern Theatrical assocla-
tion.
Wyatt and BIackWood Testify
Wyatt said Beauty Fairfax was con-
sidered a pretty walking part, Whlle
Blackwood declared he did not even
remember the name of the person who
had taken the part at his theater. Es-
telle, he said, was played by CARA
Lipman, and you can wager that Louis
Mann. her husband, wouldn't allow her
to have anything but the best. York
agreed with him, and ToWle declared
that Beauty Fairfax was merely an in
cident.
A number of persons we'll known in
Los Angeles theatrical circles were
present in the little justice court, the
element of the drama being carried so
far that Garfield Gillis, deputy con-
stable but forms-ly an actor in Fin
negan's AGO." was called from another
Justice court to serve subpoenas.
Miss Morton was not III tHe iedSt
downcast when a decision was rem
dered against her. "They were horrid
mean to me-" she said, land l just
wanted to make as much trouble for
them as possible. Really. believe L
succeeded. Did you see the way they
looked at me when they left the court
room?"
Then she tripped down the stairway,
escorted by Carleton, the latter on
reaching the bottom calling after the
departing defendant and his experts a
few personalities that could not be ut
tered amidst the decorous surround
ings of the court. These were taken
exception to b. Fischer, who returned
and commanded the librettist to Back,
back, or 1 will do you injury" Carle-
ton backed, and the two warning fac
tions separated. going in different di-
rections.