RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 693, 13 December 1867, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before G. G. FitzGeralcl, Esq., R.M.) Thubsday, Decembeb 12. There was no criminal business before the Resident Magistrate's Court to-day. CIVIL CASES. Hardcastlev. Murphy. — Adjourned till the 13th inst. Carey v. Bartlett. — Mr Rees for the plaintiff. Mr Harvey for the- defendant. Plaintiff claimed to recover from the defendant L 95, being LB2 10s for damages for wrongful dismissal on a four months' hiring, and Ll2 10s loss of half benefit, as per agreement. Mr Rees read the following agreement. — " Prince of Wales Opera House House, Hokitika, 18th September, 1867. I hereby engage Mr W. G-. Carey, to play the heavy leading business at the above Theatre, for a term of four months, at a salary of L 5 10s (five pounds ten shillings) perweek, and one half clear benefit, after first deducting the sum of Lls for expenses. The said engagement to commence from the 26th inst. James J. Bartlett. Witness— Lachlan M'G-owan. William Gr. Carey, deposed — that he entered into the above agreement with Mr Bartlett. Witness was engaged by Mr M'Gowan (stagemanager), for Mr Bartlett. He played for about a week and four days. Witness refused to play the part [of Topper in the Contested Election. It does not come within "the heaving leading business." It would come under the head of " Eccentric Comedy." Witness subsequently consented to play the part as it was a benefit night, but the defendant said he would not require him. He had broken his agreement, and the engagement terminated. Cross-examined by Mr ilarTey — Witness never refused to play anj other part. Witness, before lie engagod with the defendant, was playing at tho City Theatre. He never refused to play M'Closky, in the Octoroon. That part wouLl not cotuo within the " heavy loading business," and if he played ifc it would only bo to oblige the manager. The parts of Othello, .Macbeth, aud JRichard 111. would come nuder that head. Experience had taught him to distinguish the different parts — fourteen years experience- in the colonies. He bad never seen a copy of the rules of tho theatre. They may be hanging up in tho greenroom. — Lionel Harding deposed that he had followed the stage as a profession for tho last fifteen years. Witness had nevor heard of the expression " heavy leading business." The part of Macbeth would come under the Lead of |; leading business." Witness knows the part of Tom Topper. The Contested Election is a comedy. Witness is not particularly well up in comedy. He did not think " a heavy man" would be compelled to play a part in a comedy. — Cross-examined by Mr Harvey — Witness would not expect the same rigid adhesion to the lino of business in Hokitika as would be practised in the London theatres. He would call The Merchant of Venice a play. The part of Benedict in the comedy of Much ado about nothing is a leading part, and that of Leonato a second part. Had witness engaged plaintiff for the heavy business he would not certainly have cast him for the part of Benedict. — Mr Harvey moved for a nonsuit, on the ground that the plaintiff had not shown that the part of Tom Topper would not come under the head of "the heavy leading business. Mr Harding, the plaintiff's witness, had admitted, that ho had not hoard of the expression " heavy leading business." He even could not say whether the part of Tom Topper would come under that head, and therefore the Court was uninstructcd as to the meaning of those words. His Worship requested Mr Harvey to proceed witli his defence. James John Bartlett deposed that he was proprietor of the Prince of Wales Opera House. The plaintiff was cast for tho part of Tom Topper. He refused to play it. It is what is called " a heavy man's part. 1 ' The agreement was written out by Mr M'Gowan, and witness signed it. There is no buch term as " The heavy leading business." Plaintiff also refused to play Jacob M'Closkey in the Octoroon, and, in consequence, they were unable to play the piece. Cross-examined by Mr Rees —The part of Jacob M'Closkey was cast about two days before it was to be played. That was sufficient time to enable him to get up his part.- The part of Tom Topper would not bo objected to by a heavy man in a London Theatre. It wai originally played by Rogers at th»

Haymarket, and was played in Melbourna by Milne. John Dunn stated that he wa« a comedian. He has been in the profession for between thirty and forty years. There is no such term as "The heavy ! leading business." There is " leading business," and " heavy business." A. man engaged for heavy-business would, under circumstances, play Tom Topper in the Contested Election. It is impossible in the colonies to adhere to any particular line. Jacob M'Closkey would decidedly be a heavy part. Witnesi was engaged as a low comedian, but, on an emergency, he would play another part, for instance, the part of an old man. Charles Sfcrasser, acting manager of the theatre — He remembers plaintiff being cast for the part of Jacob M'Ulosky. Witness refused to play the part, and witness believes in consequence of that refusal the piece was not played. His Worship, in giving judgment, remarked that before the plaintiff could recover, the term " Heavy heading business" should be explained to the Court. This had not been done, and, therefore, there was nothing to show that the part objected to by the plaintiff did not come within the meaning. The judgment would be therefore for the defendant, with costs. Boys v. Maine, Murphy and Co. — Adjourned till the 13th December. Bonderson v. Peterson ; and Matthies v. Cassius — Adjourned till the 19th December. Hogan v. Gow— A. claim for L 26 10s, for wagea. Plaintiff had paid the sum of L 24. ltfs lOd into Court, for which judgment was given. The Court was then adjourned till eleven o'clock on the following day.