New Britain herald., 1919-12-04


 AIr Levitt said that with 14-foot scenery the patrons of the balcony would be unable to see the act prop crlN.
 Judge HunGerford asked his client why it was that he did not speak to ! Mr. Cormican relative to the rcplac- l Ing Of the scenery, to which the l plaintiff said he had expected Cormi- ! can to ErinG ol the promised scenery ] from New Jersey. He also said that owing to the patronage Of the balcony at the theater, he did not want to go to the expense.
 Considerable time wAs spent oH- tween the witness and lawyers, rS''- tive to COrmican's claims or lS"'1 1'7 the theater before September l. ."ii'' the claims of the plaintiff that tlie1 were unpaid telephone, electric l151' and other bills. These matters "el0 stricken out by the court
 Lawyer sexton asked the plaintlft when the contra ct at the theater llau expired Mr. Levitt said on Septem- Der l The claims of the counsel ol the defendant were then that the plaintiff had acted prematurelN in b,inoine. the action without waiting fol. the expiration of the contract.
 Nr. Levitt said that Mr. Cormican had made a public announcement from the stage that he was going to vacate the theater before the com- pletion of the contract, and he later secured a temporary injunction from Judge D. H. Markham prohibiting the plaintiff from interfering with thc defendant until September 1. MT. Le- Witt said he had not acted prema- turely in bringing the suit, basing his rioht n defendant told him that he did not intend to pay his rent or make reparation for the alleged damage to the scenery.
 In answer to a. question by Lawyer Sexton, Mr Levitt said that after this statement was made he never asked MT. Cornican to meet his obligations.
 Stage Manager Testifies.
 Howard Williams. stage manager at the LNceHm ~theater. under Mir. 'Cormican> and during the present mana gem ent, was the next witness. He said that he had been engaged in this line for five years, working at the keeney, Fox and Lyceum thea ters. He said he was familiar with the scenery business. Prior to the defendant taking over the manage ment of the theater the scenery at the Lyccum theater measured 16 and s why scenery of Is feet was necessary in the theater After MT. Cormican had assumed charge, he ordered the witness to cut some of the scenery down to + feet. He said he was a,c- qualnted with the prices of the vari- ous materials in building scenery, and he placed the damage done the scenery at $500. He also figured that it would be as cheap to purchase new scenery as to make repairs.
 Mir. Williams was asked by Lawyer Sexton how he figured the amount at $500. The witness said his knOWl- edge of the price of materials had brought the conclusion. At this Juncr ture Lawyer Sexton acted like real Missourian and had to, be shown, wherewjth Mir. Williams brought from his pocket pad and pencil and com menced the tabulation of cost. MT. Williams said that about 1000 feet of lumber would be necessary costing about $500, and 130 yards of canvas at 75 cents yard would also be nee essary. The remainder of the cost would be consumed in labor and painting MT. Williams was unable to answer the question of the detend- ants lawyer whether or not the plain tiff was present at the time the cut ting of the scenery was done
 The witness said most of the cut ting was done at night, and was in the presence of MT. COrmican Mr. Hogartz- and the stage director. Law yer Sexton asked if much of the scenery was not built long before Mr. Levitt took charge as lessee and that i MT. COrnIican had made many repa1fs l ot it with the result that the scene-y as it stands today is in better condl- ton than ever before. MT. Williams said that some of the scenery u1l- doubtedly is The witness said that wood wings which have been used considerably for the vaudeville when it was at the theater, had not been cut.
 Glackcn Also Appears.
 John Glac<in who stated that he is treasurer of the Lyceum theater, testified that he knew the scenery had been cut after Mr. Cormican took charge. He said he spoke to MT Cormican about it at the time. He could not tell whether or not MT. Levitt was aware of this fact. The questions of Judge Hungerford net tied Lawyer Sexton who appealed to the court, that the counsel deslst from making leading questions. MT. , Glacl5in also told who fl foot scenery would be valueless for vaudeville in . the Lyceum theater. Asked several questions by Lawyer Sexton, Glackin, said he not attached to the theater during the time of Mr. Corlnl- cans management. He had worked at various other theaters he said. and added, "I worked for your friend, F. $. McMahon," this to Lawyer Sexton .,.,1 rJ,t for the scenery by MT. COrniCan, i CIacl<in said to Lawyer Sexton ''If