THEATRICAL OIYIL CASE.

Star (Christchurch), Issue 3595, 18 October 1879, Page 3

THEATRICAL OIYIL CASE.

A case was heard at tho Residont Magistrate^ Court • yesterday, in which Mr R. •D Orsay Ogden sought to recover from H. H. De Bourbel the sum of £18, being one week's salary for professional services rendered by himself and his wife to defendant. Mr R. D. Thomas appeared for plaintiff and Mr Perceval for the defendant.

Mr Perceval applied for an adjournment in order that he might obtain the evidence of Mr J. G. Joyce (who was stage manager for the defendant's theatrical company, which perfoimed at the Theatre Royal, Christchurch) from Dunedin. Mr Joyce was in Dunedin, and the evidence lie had to offer was material to the interests of defendant. Mr Thomas objected to an adjournment on tho ground that he was prepared to fully admit all the evidence that could be given for the defendant by Mr Joyce. That gentleman had had nothing to do with the agreement enteredinto between plaintiff and defendant. The point sought to be established, as he understood it, on the part of the defendant was that Mr Ogden had refused to perform a certain character in a piece called " Won at Last," which was put on the stage during Mr Wybert Reeve's recent visit to this city. He would admit that Mr Ogden had refused to play the part, but submitted that from the position he occupied in the company as "second star" or "stock loading man Vl he was fully entitled to do so. This he (Mr Thomas) was prepared to prove by witnesses present in Court. Tho real object sought to bo gained by defendant appeared as if it partook of the nature of vexatious delay, defendant well knowing that Mr O^den was about to take his departure for Auckland the fol-

lowing day. Mr Ogden had already suffered a personal loss, having deferred going to Auckland for a week, possibly at the forfeiture of his engagement to Mr De Lias, and if the case was still further adjourned it would act most detrimentally to the interests of his client.

Mr Perceval suggested tlmt possibly the ends of justice might be met by His Worship taking the evidence of his learned friend's witnesses and then adjourning the case. Mr Thomas pointed out that Mr De Bourbel was merely acting as ngent for Messrs Hiscocks, Hayman and Co., and it was possible a letter uii^ht at any time arrive

irom that firm relieving Mr De Bourbel of his position as their agent. He believed ho might say Messrs Hiscocks, Hayman and Co. were not making money by their various companies, aDd it was impossible to say how far that might operate detrimentally to tho interests of plaintiff.

Mr Thomas hero offered to put in Mr Ogden's original agreement with Meeera Hiscocks and Hayman for £27 per week. Mr Perceval objected to this, as the agreement was unstamped. Mr Thomas admitted this, and said he would proceed upon tho subsequent agreoment entered into botween Mr Ogden aud Messrs Hiscocks, Hayman and Co., through Mr De Bourbel, in New Zealand. By this agreement Mr Ogden and his wifo were engaged at a joint salary of £18 per week, their professional positions in tho company remaining the same as under the original agreement. In the courso of the dispute between Mr Ogd n and Mr Da Bourbel, the latter had offered to settle the matter by the payment of £12, but this plaintiff declined to accept. On Thursday Mr De Bourbol hai paid £6 into Court. Mr Percoval asked his Worship to grant a nonsuit.

His Worship pointed out that that was impossible, as money had been paid into Court. Ho then decided to hear the evidence for plaintiff.

R. D'Orsay Ogden was placed in tho box, and stated that towards the close of his engagement Mr Wybert Reeve, who was " starring ' at tho Theatre, put up a piece entitled "Won at Last," playing the "star" part himself. Witness was requested to perform the character of tho General and agreed to do so. Shortly afterwards Mr Joyce asked him to give up tho part, as it was one in which ho (Mr Joyce) had appeared before. Witness agreed to give up tho part under the impression that, according to the usages of tho profession, he would be cast out of tho piece. He was, however, a.sked to play the part of Jem, a groom, which ho could not do without shaving his moustache ; moreover, he considered tho part was of such an inferior

natui'o as to fully justify his rejection of it. When he applied for his salary a deduction was sought to be made on tho ground that he

hud refused to play tho part, and was consequently two nights out of tho bill. Ho might say that his engagement proper had really ceased, and he was only playing the final week at tho request of the management. He had not received payment for that week, but had been offered a cheque for £12, which he rofused to take. Subsequently tho sum of £6 was paid into Court.

C. F. Searle was next called, and said from an experience of 20 years of the usages of the slago, he thought an actor occupying Mr Ogden's position as " stock leading man " or " second star" had the choice of part after the " star." In his opinion tho management could not compel Mr Ogden to play tho part they wished Mm to do, and which was subsequently played by a utility actor in the same theatre.

Philip Kirby was then examined, and gave evidence corroborative of that previously given regarding theatrical usages. R. D. Thomas, barrist?r and solicitor, gave evidence to the effect that ho had read over tho agreement between plaintiff and dofendant (substance hero given). lie had asked the opposite sido to put in that agreement, but his request had not been complied with.

Mr Thomas then addressed the Court on behalf of tho plaintiff, and suggested that the amount claimed should bo paid into Court by defendant. Of course in the erent of tho case being decided against plaintiff, the money would be returned.

His Worship ultimately decided to adjourn tho case till Saturday, when, if the amount claimed was paid into Court, tho case would be further adjourned for the production of Mr Joyce's evidence. If this course was not taken, then he would have to givo judgment for the plaintiff.

This having been agreed lo by counsel, the case was adjourned till next day.