A THEATRICAL CASE.

Evening Post, Volume LXXVII, Issue 137, 11 June 1909, Page 7

A THEATRICAL CASE.

"IN THE RANKS." THE COLONEL'S WAISTCOAT. "The actors have -come hither" might be said of the case in which E. B. Russell, actor, to-day sued Allan Hamilton for £100 for alleged wrongful dismissal, for there was a considerable number of members of the profession in court. The case was heard before Dr. M'Arthur, S.M., and plaintiff was represented by Mr. Fair, and defendant by Mr. Gray. Mr. Russell said he was dismissed last Thursday., -with an offer of £5 for five days' performance. He refused to take that, wanting a full week's pay and a ticket to Sydney. There was no, chance of his getting employment in WellingtonMr. Gray, in cross-examining plaintiff, elicited that he had been twentytwo years an actor. It *as the rule, plaintiff went on, that if an actor was drunk when he went on to the stage he was usually fined for the first offence, and dismissed for a subsequent offence of a like nature. FRIAR'S BALSAM. As a cold-remedy he took Friar's balsam; nothing else. He went to bed on Wednesday last, the night before the matinee, after having no more than two, or, at most, three, drinks. He denied that he was asleep on the settee of his hotel on the night in question until 8.30 a.m. next day, nor was he helped to bed by the housemaid. Mr. Gray : You played the part of an old colonel ? Witness : Yes. Now, you had to wear a white waistcoat?— Yes; I had to wear in the part a white waistcoat, light trousers, frockcoat, spats, and boots. Did you put on all these? — Yes. Now, did you not wear the red waistcoat you are now wearing? — No, not until the last, and it was then buttoned over by nry coat. Have you ever seen a man drunk on the stage? — Oh, yes. I don't mean "acting" drunkenness. — I have seen a man go on drunk. And speak his lines? — Yes. Go through his part all right? — Yes. He can do it? — Yes. That is not the sort of thing of which a manager would approve ? — I do not suppose it is. Have you ever been dismissed from any employment for drunkenness ?—? — Never. j Did you not go on in "In the Ranks" on 3rd June in { a state of intoxication.? — j Certainly not. Were you ever playing for Mr. J. C. Williamson ?— Yea. With Miss Tittell Brune?— Yes. Were you dismissed for drunkenness when playing with Miss Brune in "Sunday" ? — Never. ] Plaintiff went on to say that he dress- j ed the part and played it as usual. It was that of a dignified old colonel. "ONLY A MOUSTACHE. George Cross, stage manager, and taking a leading part in "In the Ranks," said plaintiff came oil to the stage last Thursday with, no make-up except a moustache. He wore a red waistcoat j instead of a white_ one ; dark trousers, instead of light checks ; and he wore no spats. He appeared to witness to' be drunk, but this was not^ dear until he was on the stage. Then it was manifest that he vjas drunk. Mr. Gray : How did he speak his lines? Witness : He spoke them hesitatingly ; his utterances were thick ; and he was inaudible for the most part to people in the wings and certainly to the audience. Plaintiff could not have been dispensed with without cutting out the plot of the piece, and then the people in front would not have understood what was being said. Was he steady ?— No; he staggered a good deal, and once nearly fell. He was all right so long as. he kept still. At times 1 could understand what he said. Have you seen a man drunk oiv the stage ?— Oh, yes. I have seen a man drunk play much better than when sober. "A DIGNIFIED OLD COLONEL." It is rare ? — Yes. It depends upon the part. It would not 'do for the part of "a dignified old colonel," which Mr. Rus- ! 3ell was playing ? — Oh, no. J James Stewart Clyde, assistant stage manager, said he assisted the housemaid j at the hotel to put plaintiff 'to bed early in the morning of the matinee. He was drunk, and used very forcible language when he was told there was a matinee for that day. Witness said plaintiff went on without grease paint, but he required no prompting. BENGALEE BAMBOO. Did he make any mistakes ? — Well, he said "Bengalee Bamboo" for "Bengalee Babu." Mr. Fair here admitted that plaintiff was intoxicated on the morning of the matinee. Mi. Marcus, theatrical manager for Mr. Harry Rickards, said it was a recognised unwritten mle or law that intoxication on the stage was liable to instant dismissal. This is an invariable rule, but it is usual for the manager to exercise his discretion as to the application of the rule. Witnessj knew of as many dismissals for -intoxication as fines. George Buller, manager for Mr. Allan Hamilton, said he had forty years' experience. He corroborated the last witness's evidence. Plaintiff was only given his conge after witness had communicated with Mr. Hamilton. JUDGMENT FOR DEFENDANT. Mr. Gray held that the misconduct of the plaintiff was such as to seriously interfere with Mr. Hamilton's business. Mr. Fair submitted that the drunkenness could have been met by a fine. The Magistrate said the rule of dismissal for drunkenness was no doubt drastic, but was one that was evidently absolutely necessary. It was unfortunate for Mr. Russell that he enjoyed Himself overnight before the matinee, and continued it the next morning. Judgment was given for the defendant, with costs. Defendant undertook to pay the plaintiff the £5 acknowledged to be due to him.