DAMAGES FOR AN ACTRESS.

Otago Witness, Issue 3818, 17 May 1927, Page 72

DAMAGES FOR AN ACTRESS.

(From Our Own Correspondent.)

LONDON, April G. . I< or several days theatrical personalities crowded Mr Justice Horriclge's Court in the King’s Bench Division to hear the three-fold action which Miss Fay Marbe, the American musical comedy actress’ brought against George Edwardes (Daly’s Theatre, Ltd.), for damages for breach of contract and for defamation.

J he action involved a claim for salary, which, it was stated, had been paid with an admission of liability ; a claim for damages for injury to Miss Marbo’s reputation by reason of the fact that she was not permitted to perform the part in the musical comedy “Yvonne” for which she was engaged, and thirdly for defamation by reason of a letter which charged her with making statements which, if true would be fraudulent.

After an absence of 27 minutes the jury returned and answered the questions left to it as follows:—

(1) Did the defendants agree, in consideration of the plaintiff entering into the agreement, to advertise her in a prominent position?—Yes.

(2) What damages, if any, beyond the payment of her salary, is the plaintiff entitled to for any damage to her reputation from not being allowed to act 9 — £3OOO.

(3) Do you find for the plaintiff or defendants on the issue of libel? If for the plaintiff, what damages?—Yes, defamatory and written with malice. Damages for libel, £lOO. The sum of £oloo is over and above the £3200 already paid by defendants in respect of salary at £lOO per week. MISS MARBE AND REHEARSALS. Mr Cecil Paget, general manager and director of the company, giving evidence for the defence, said, that Miss Marbe came for rehearsals, and after one such rehearsal Mr Leslie, the stage director told him and Mr James White (chairman of Daly’s, Ltd.) in the latter’s office, that as Miss Marbe was then going on it would be absolutely impossible to allow her to play the part.

Mr White then said; “Let her rehearse and give her a chance. Some artists are not good at rehearsals, but as soon as they are behind the footlights they are all right.” After the dress rehearsal there was a meeting in the office, and he (witness) told Mr White that he did not think Miss Marbe. was at all suitable for the .part. Mr White said that they had better have the opinion of the new comedian, Gene Gerrard. He came, and expressed the same opinion as the witness had done. The performance was postponed for a week, and Miss Marbe was told. FREE FIGHTS EVERY NIGHT. Mr James White said that Miss Marbe’s characterisation of “Lolotte” was not at al] suitable.

Mr White was asked, in cross-examina-tion by Sir Patrick Hastings, if it were not usual for a leading lady like Miss Ivy Tresmand to greet a new comer, particularly when she was a stranger, to this company. He replied that it was. Sir Patrick: Then why did not Miss Tresmand greet Miss Marbe? Mr White I cannot make them do it. You ought to come and see what they do. Thera are some of them down there having a free fight every night.—(Laughter.) Sir Patrick: But you control Daly’s Theatre, and are you not influenced by Miss Ivy Tresmand?

Mr White: My dear Sir Patrick, nob o dv has any influence with me, not eveneyou it you were working for me. Sir Patrick (quietly) : Mr White, please do not be so affectionate. • This was greeted with loud laughter, in which the judge joined heart