ACTION FOR DAMAGES AGAINST A LEADING LADY.

Auckland Star, Volume XXIX, Issue 136, 10 June 1898, Page 3

ACTION FOR DAMAGES AGAINST A LEADING LADY.

In the Queen's JJench division, Mr Justice Itidley and a common jury heard the ease of 'Somerset v. De Winton,' being: an action by Mr Charles Walter Somerset, a theatrical manager, 1o recover damages for breach of contract against Miss Alice Be Winton, an actress, on ihe ground that on November 1, 1897, she refused to go on tlig stnge and play her part. In openhTg the case Mr Chambers •said the plaintiff was a theatrical manager and dramatic author, and was director of a touring1 company, who performed a piece called 'The borrows of Satan.' The defendant was enframed, to take the part of Margaret Foster, and the terms were embodied in I\vo telegrams and a letter in .Inly, 1 SOT, under which she was to receive v salary of £5 a week. At the Brighton theatre repairs were going on, and two of the dressingroouiH being- unfit for use, it was arranged that the defendant should jointly use a room with another actress. But as another actress, Miss Cortelyon. had five changes of dress, whereas the defendant had only two, the former was given n room to herself. This circumstance seemed to have hurt the pride of the defendant, and at an interview with the plaintiff, a few minutes before the curtain had to be drawn up, she told him that unless she had a room to herself she would decline to act that night. As this accommodation could not be given her she at once left the theatre, taking- away her dresses. The consequence was that another young- lady had practically to read the part of Margaret Foster, and her own part was entirely omitted from the play. The whole affair was little better'than a fiasco, and the receipts of the following nights fell considerably short of what, they would have been under ordinary circumstances, and not only so, but the plaintiff had suffered seriously in his professional reputation as director of the company. Evidence was given in' support, of counsel's statement,.

Miss De Winton, for (he defence, stated, in reference to her dispute with the plaintiff when she saw him in his room, he said, 'My dear child, this is all nonsense. I cannot turn out Miss Cortelyon, for she is now dressing. Pum away, like a good child, and dress where you are put.' She replied, 'You have broken your word to me ngain, and I decline to act for you to-night, but I will dress where yon put me if you will give me a separate room on the following day.' The plaintiff said he should promfcp her nothing.

On Wednesday Mks lie Win.on was cross-examined by M r Hammond Chambers, Q.C.

You were determined to th:ow up your part and inconvenience ihe whole company unless you got your own way?— Yes.

I)o you think that was reasonable? —Yes, tinder die circumstances, I ;10, I had told Mr Somerset that if he broke his word again I would leave (he theatre. He said: T give you my f'lll permission to do so.' lie' added, 'If I break my word you may kick me downstairs.'

Your view is that you are to be first everywhere?—Cert.unlynot; but when you nre leading lady you are not supposed to be second to anybody. Miss De Winton denied that she was jealous of Miss Warner.

The judge, after examining the bill of (he play, inquired, 'What do you say makes the leading lady? 'I dou't know,' replied Miss De Winton. 'bnt T honestly think that mine was the leading part and Miss Warner's the heavy. Miss Warner died in the third act' (laughter).

'Then what constitutes a leading1 lady?—' She is the heroine usually! Miss Warner wn.s playing- a wicked woman. I was the heroine.'

'Has it anything to do wiih the salary you get?' asked his lordship. Miss Do Winton had £5 5/;. Miss Warner had £14 14/.—'No,' said Miss De Winton, 'I don't think so. Lady Delilah has a splendid death scene, which makes it a showy part,bub mine is the heroine and the longest part.' ilr Justice Bidley, in his summing' up, admitted that the lady playing the leading part might draw a smaller salary than another, but witli regard to the defendant's objection that Larly Delilah could not be' leading lady because she was wicked, lie asked. 'What about Lady Macbeth?' As to the fair defendant, 'the lady is attractive,' he said, 'but that is no reason why you should take her view of the case 'unless you think the weight ot evidence is on her side.'

The jury found a verdict for the plaintiff, with damages £50, aud judgment was entered accordingly .