The New York herald. [volume], December 14, 1853, MORNING EDITION, Image 2

About The New York herald. [volume] (New York [N.Y.]) 1840-1920

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THX eiXAT 0FXKAT1G CUB.
PnMnttn ot du H*w Tok H?nll by 1
Kgnar Fry, late Hui*|?r "of Ue IUUu
Optra at Aitor PUw.
ivruoi oorar.
Win Ho*. Jadg* OtkWy.
CONCLUSION OF TBI AMI'IUM* OF MS. SANDFOBD
>OK THE DKPBHCB.
T)M plaintiff tonpltiu of tlx* biuu la whiah ha was
tie* til I* iSifiidtat'i p*fu, but puiM*l *? iadapaadaat
oouH la hi i cxitieUaas, and was oal j iaflaaaaad taj tha
m ursaslna of hla opiai a by tha eharactar of the Pfrfor
aiauioa. Bit It ni different with the plalatUT, ha abut *1
in some ot the ignoiaat a?d blaok mall gawspapers
thoaa whom h? iM employed, but thara t? no Impaacb
nnt of him for having asad thoaa naw.papen that
oould be pui chased fir lt? purpoaa. If wa have prove!
anything m thi* case. we have showa that he ??' not
poMtwMil of the requisite tact, or gaaiua, or enterprise
that hi* tactics wars not calculated to insure *uice?rf
that ha wtartad upoa hl? eaterpriite aa Napoleon did "w
he lad hU aimy into Russia. end that ha ceae oat , wKh
at little honor from the campaign. Mr. Fry had
Pino haac aomely abuaad by his criu?,,h *V 7? ,
not ah own whether he did or not. but we charge tha?
be eauaed tha pihlicatioia to nttoiked
the female artists of his cempany ware attaiaeii,
we have proved thai directly, ? tar as regard* Tru?
STtWe \?*differeaee ia regard to tha right to remark
Sftta"7 S?r facirThis la tha aaly part that
S^^Iatad by ia?cita proof. The aewapapers ware
here but we had not the meana of getting at the fa??
with' regard to tfce Kioree of abuae, therefore we did not
attempt to traoe it It waa aa outrage upoa the mem
Den of his eompai y fbr him to represent Truili as having
broken down in the pari of Norma, and to charga her
with kavirg fe gted au lllneaa that aha did not hare
The cancelling of tha oontract oa account of this illness
waa proved, and It waa regarda 1 aa a happy in-IUpeaitton
that an ibW him to cncel it lfbe dial red to get i id of
her earvloesthe opportuaity was given to him; for whether
ahe tainted or not, she did not care to hate It the subject of
a odiciai investigation 1 1 the first place, therefore he
took advaatage of the eicknena of Pico illegally, to caaoel
her or n tract ; but there is no such Imputation aa that
mala against him In the article. Allthat it cootalna
is that tt waa a fortunate circumstance, bacau?e
it enable*} him to get rU of thi engagement. If it were
a real sickness he had no right to take advantage of it ;
if it were feigned he had a right to use other umdi.
The charge is also made against the defendant that tie
acousad the plaiatiif making use of bln.uk mail newspapers
This isaoouimoa arm, and yet 1 don't know that ths
ottui.) a fleets the charsotera t f these whj own them. It
eotirely a forced and unnatural construction to charge
the defendant with saying that Mr. Fry corrupted aa.r
Dew?pei*r for tbe parpose he desired. Tnia dispsses of
the fliit iibel, and ?U that relates to the traffic part of
thi* action. We claim i hat it is proved to be trua to the
letter, in regard to ever* fact contained tu the publica
tion and the commentary upon It The attempt to eoa
uaot anybody uancei ned In tha *?*nageoent of the
am tm as a ocntributor has, not bean made for it coild
not be proved. Mi=s Truffi fay* she wrote tha c:trd her
and the fi iend who translated it, Beuadetti says, was
not' a writer ior any newspaper. It ii perfectly clear,
from thie view of tha case, that Mr. Fry ha? not
claim for pecuniary damages You will recol.ect that
from the publication of Madame Boned-tti's card to the
1st of Deoember, 1848. the Orr^ld made no remarks in
relation to tha pleia-.lff until he had appeared in person
on the stags aud denounced bis principal tenor, Mr. Bene
detti, for having refused to sing with Madame Lahorde;
an i added a most anfowt dsd charge agsinst him, that he
said "she sings ridiculously, *nd is not nt to sing with
artists." Mr. Frv made tiese statements U the nubuc
after the oouraa tbia Napohon should pureue had beea
made a subject of eonaultatii n with the staff of the lite
rary army Napoleon, however, found it necessary t3
oaLi npoo hi* coan-jil, and his legal, medical, and literary
advisers were accordingly called in. The quart on was
then shall we go before tbe public to denounce Beuedetu,
sjid say ha refustd te sirg beaause the lady with whom
he was to aet is mt artist, or what shall ws do? I
don't know what Ihete gentleman thought, for I raaLy
don't know' how tha controversy couli have aiiseu;
but 1 know from tbt tefltimony of Mr. Foster, th?j
did not pnrsue the of urse he advised. So Kuoh we knew,
that so far as tte literary part of the army was ooncera
It w%s not considered & prcid#i>t conrw for tha
ral In (iliif to pur?ne; it was not diemsd erpsdiant on
the part of the manager ef an opera company to come
befewthe public and antounoe that one ol hU stagers
was ur mawg^ble. Why should ha rush oa ta anticipa
tion of the difficulty, and cwate an irreooncllable dislike
on tbe part of tbe public to Mr. Benedettl, about a difli
oulty bet vera hi in aad Mr. and Madame labords, in re
card to what he U alleged to have said about tha incom
petency of that lady. Now I atk if there wa? not enoujh
in that fact to prove thi maaager incapable of conduct
ing the business in which te was e?:;?g?d ? He rushed ia
advance before his audience aad anticipated the difficul
ty that occarrr% showing therein a want of judgment,
Uct and skill, neoessary in aa enterprise of this charac
ter The Hwaid of this date said just this, and it waa
not deemed exceptionable The account is fro * the re
potter of this journal, and you will Snd H is exceedingly
C?Ai*tbeTnd of tte ftr?t aet cf " Laorszia" ia the iatemis
nion Mr. Fry ittpptd ia front of the eurtaia and sau:?
1 apiics Ann Otmrau: ?
1 aa oonapelled to niak* known to you, tkat in a esaversa^
tioa 1 have i??t had with Sigaor B?n?detu he has refused
?V. sing, oa Friday next. %f e part of PoUioee, ia N>rma,
utatlii* that i.o uisU'd a -t t? oomprotaiss his talent with a
rhnvleuie, who was very able to sing the part ef Adtaa, bat
" ThisVr'^'^^reatad a prreat sensation and it was followed
be s reiular bissiojr. *h!a she curtain rose fit the seoond
act, Siin^r Bincdetti was received with au a-eonipanmeut
ot LisTine, apnUuse and mu^io. This continued duriaithe
whole aot. But the funaiem part oi the rtrmeU took piacs
? hebitd tbe wingf," ii the drersing room of Sigour
Uenedetti, where assembled, immediately after t'e se
cond act. M*sst? Fry. C'uit, J. W. Gerard, and other mem
bers of tbe rub?crib?TV eommittee. The ?">averia.i a a sris
-??oil ?? tiittl, irfter wmnrki by Mr. TtJ Ul rd
aard to that affair, Hgner B?aeietti called hiB a d-d liar
At these words, Mr. Fry a swered with hieolonched tts\ waeu
tignor Benccef.i seizing hu swrd. made a ttiruat at the m*_
na/er. A ri*ular avz chcvavc ensued, and during tae
wtUe Nr. Gerard, asring tried to e?cir?t? tbe combitantj,
rtceived a cut ?n thsbaes et the hand. Derieg thu o? play
tbo conversat.on is the lob*ies ot t?e opert hooee
animated, and the acd.oaee seemed t> be divided <atotw ,
patties one in favor -f Mr. Frv. the other
tenor. But all the jarti.ans, tboujih with diff rent ?>alflK
neemed to agree perfectly on the point that Mr. Fry had done
wrong ie coming ott ia tbe m'ddle of tbe perform saee to
disturb the pleasures ?! the dilettanti by ores tie g tech a ?
"I ubbub. " avtry cus eaid that it ttis statement had to be
nade pubUo, it had tetter tare been do je after the perCoru |
anoe wae ever, -.r the nf it day through the medium of the ,
pT^nt was tha Hiwu's adcount of it, anl it ia pr?rnd to
be correct by every witnasr who bas been examine I bat
one of the other reporters, instaad of sayiaghe Mid not
wish to compromise bi? talents," said the language of
Mr Fry was, she sings ?oidijulonaly," and is not 'lit to
sing with artists." This language was subduad bythe
reporter of tha Htraix, and stated in a more gentlemanly
W*Now I win read to you the repot 1 of the same matter as
contained in the article of the 0>urkr.?
Ltttevenisg affairs assumed such sn asp let as to make tt
imperative upon Mr Fry to give his andisio.iBfsrmatbnof
the jotition in which he was plac?d, and * 1 Si?
fir?t aot be apt e*r*C btfore curiain and italti that 814
nor Bmedetti had hot a mcrnent before informed hiss he
wnuld 1 ot sing the part of Poilinne ia 'Xorma,
niilit, giving as his ressen. that Madame Labords had msds
berseli ridiculous in "Norma" and was not tit t'""*
nrtis's? addiag that Mr. Fry was not his ?*?**?? A Ul?
tsiblio. to which only he wa? amenable, and by which only
Els ?duct would be regulated. Mr. Fiy tbea rjVr"J'' .
the curtain fell, % csnimiUsi of t^ subeoriberi i at
tempted to compromise the matter, and Bensdettillaally
consented to ling on Friday aigfct, bat upea ' *** ' *'?
Fry. used abueire lsaguags aad aseu *d fci? o. dlr??lal*e
hood in hi* statelier.: to me audieace; to which Mr. I ty re
I lied by uriking Mm in the fsce; Benedettl dWwhisswri,
and made a pass st Mr Frv. aoonding in ths hand. a> h<
did s->, one ot the comscittse. Th? rincontre then en led, and
tbe third act was sung, at tae close of which the audieaci da
this you will perceive tha difference batsraaa the
unbiassed and biassed criticism of tha ooursa ha had
pursued. H?ra ia a qnestion arising with regard to the
s a lice or the publ.cati in of this matter, and upon that 1
ask your attention with regard to tha language o! these
lournals as employed, aad taat of tte Baaai.o, which
made criticism* already warran'ed by the faots. Here
sou perceive the diueren je between the reporter of the
HnttMD aud that of the Outlier. The lrwunt't acooaat u
II Wo learn U.St Fignr-r Bentdftti sent for Mr. fry,
the course of the first act of "Lucr lik," and teld him that
be would not sing Pollione. in Norma,' on Friday evening,
fcfsuss Madame l.ab.rdr had reads herselt ridjcalons ta
"Norma," snd *as not a fit person to sing with artisti, tell
ing Fry that the public was bia ; manager and nsth?. Fry
th >n saving that it saeb ?ere ths case, the pubtis shoald
know t^e fs'u immediauly went belors the cartaia and
efatTd what Beacdetti had said. The aud.saoo loudly ap
niaiided the manager, snd as loudly hisssi Benedetti upiu
S c anpea ing in tbe eeeond aet. Meaatime the committsa of
ffubsrubers attempt*- to eompromi.e the ' ?#j*
<fot?i pr miscd to sing (a Fruay Bight. Upon meeUng Mr.
Fry, however, he oonmenced at once aWrinj hi?, saviag hj
Lad statf d to tU what wai not tnw, and t?atfJn
a! hi Jmm & liar Umi ti.ta fry ?mme iiatelr laid dowa
?gl2J"nili aadTaatsd a right hander U the face
of the I andt^TB* ten r. th?n dr?w bia iword, aad
mad. apS*s a?l 'hTimpwrt*. when they were sepsrat.d
SDlhefni^Ian'o0ber?, I suppose menus the ?atie Napo
leon. That is the account given bv the Ti ihuru lpo?
the representations of these facts, the Htoat.o, on the Is.
of December coot slnad these commentaries:
SOW *T TlirlTAI.lAN ofin-*"- rR ? "''""J... <r
or puGiusa-fnoiiAB) a rngAfciso t v or tub ritaeas
Th'teli'ai net existed mn<b f0,fld 'nc* ia the public miol
with to the t^.rnianenee and management M t ?<Mt
lian Op' fs tr'ivpt at present pert cf' VhiUJsl '
has so lar b?en conducted hi Mr. tTJ, r | wila
pbia, as chief man.ger to tTie eomm .Uee of ?tasrib*rs wae
gave him the pow er. 1 or sxprsssiag that oj inioa in vari >ui
wavs and pointing nut ths I. est method of avoiding constaat
"and th. iHlicjl. snd lsashser of the worTd ?ouad,
a nurabor of journal? whiob bate beon ?c1e9t#d at tba pel ^or
?anA of tbe manaitcr hate b?en c?mutUi abnilve, personal,
?Xf?Bd " gentlemanly, tewaria the jT.w roaa lira am;.
Ws care little f.r r*p*r p?Hsts eoming fr.ai obscure sources,
uite MMN* Vilbout ssaracter or rspntatun of any
k?nd Iobk as we oa* pMat to a position and character of
.1 _..n htaniinc ia this eoasmwnliy, and dare biit one
^ i.f.J .tnai. w eu, cf rsereaeh agsiastit Is aay particulsr
war 1 1 fry? and to ,WJJi fr, ? ia
deed. Bnt aprojw o< the singular rmcaie on Wednsslay
evetiag la*t wV shall taks the sta < msu? of thii row from
tvn onaaa of the maaagor-the f tuner on one side, aad the
Trihuu* oa the other, litre they are ?
i Tnan follows tbe reports which I hava quoted. After
fhM? th? artioUi oroc??d? a* fullown
Br theae statements, which agrss with each other vsrf
V.i? find how Mr. Fry treats his adlsts, eocorliug to
V V/uTSf tl e *reeu room- aad what they have to espsct
ift >,ev do aet snhmH, without espostulatioa or oomplair.t,
if . it i?. iTnoraaee. As tar ss ws have heard the
asiarwstfais
dietingult iisd artiht lias bow a suit psnding ag*in?t ( (he m*' a
??rWe also learn that Mr. Fry. on one, if not more, _oo a
floe*, hae exhibited i.ia hi* u q us 11 ties to a f^ho oer
wards tho an table, mild, -nd ac.empliahed Maal, ?*'
tainly, aithengh a n.an cf partoaal rower and stfsngtb, would
not Iihsi a ?y or a fry in his v, ay. fealao js?acmh?
iiiigracsfni treatmeat which tLe amiable Tru4 face
lvhTi*<elSu-4h#man?evi" wH-h tb^ p?? j itrnalV et its
??? saa aftaMa ?r ia *?s groawat
li ?o that hb- had to opea tbm s.sson hure Wi'> a earl, eg
pL?taia? h?c n?iUwa te l?ej eld U'tadj ia ??|f ? ?"?*
tht editor of U. Sunday Allot ttt
by Fry. through hi. ?o?t> got buatt^ *???*??
UOI wbioh^a tom?iit?? t oKiLd th. o^Uia l^" fU-jl
tun to. ?? that t h. v hav e m A ? "
mad. in th. opera of 1m t 1 r * r ' * M , . wl.tl th? nMo. by
ktfur* it eotapleUd its rut 0f #Bo thl*iof the
which th. >a crib.r. were ??*t* ??? ??
?ubacriptioB ?n.y, to an ?r w?
im. and stat.moate, ???>?* from th. p** trgtaa
? . ,1 i .t DUf(iQA<l k/ tlllfilKAlilJ
?!S -J Ers".vR
IsSEsHF^rap^i
? k ,fr^?llw n, IL. Broia??y theatre.', wli.r. ther. ??
witnew an imy of beauty, i'n?i3e anflretiiiemtmt, gathered
rr 'm tL " urU irooad u/that would sbm. in * gT.at iipM
?! ?e rofnTwot than one half of the. who fr.qu.utth. A.Ur
Dace Crcra House. tni lone of whom will have to tak. th.
benefit of th. Insolvent law. he'ore tbey get UrouglL Cot
tho'e much abused trti.ts baldly awuwe a proper greund
l.t i ht m T. fus. to ifbmlt to th# UnoranM and folly of Mr.
Frv? withdraw from the opera, and w? will predial ateaot
that there will k? no difficulty with thorn at U>. 1 ark or
"*'*8*-Siuce*tli? above wa? written w. liar. rtaelv.d th.
following utatenieut from Si^nor B.?d.tU - ^ ^ ^
J'll?<D.ar ?ii^? l'am'compalled to .olicit frcm you p.rmit
tion to oc upya portion of one of your columns, with a
statement of tactt laresard to th. o-corranoM ax tH* Opora,
on Wednesday evoniug between th. manager "^ 5*7. "V;
It 1? * ith th* sincere *t reluctance that 1 'Vj"0?/1 *? ?
trude upon tha public attention matter. w b oh do M* appr?
P7o".eUly com. within it. JurtsdicUon. bat th. bold and
irginued offort which hai keen m.d. Vy Mr. Fry ud . hU
iuitrcmenU to defame my ohaiaoier as a i', ni? lrV
artist, require thai 1 should say aowethicg for my owe
tec tic n as wtll a? to expoie tho ?oiiduot of I ^ ..u . J
the ex'rai rdin >ry inmfcination he presents, of imbecility and
nMt?n?ion i? likely to do mor. to hazard Ur. permanent
enctee. of the Opera in thii city, than th. open effort* of a
'^Or'tvolneids'y'eveniof Mr. Fry cam. to my dr^in* r^?
t r the purp'j.e of den-ii.g m. to ?n? the part oil ollione, ia
the oeo'a of " Norma; he waa acoomrani.* by Mr. Coit,
me of the Orera cominittc. After hearing
t. Id him that it would not be right fer me to take a part
t U;th had been aeiigued to 8ig. Arnoldi. beoauj. to do i ?o
v ould be a violation of the proper etiiiuetta whioh
had pre.crib.d between arti.ts in i\* ^nVhi
ii m t'.c iwEisttid upon m ? c iiini so, liowc^flr, upon too
pr- rni that I had V>e?n orlftin&W ?el?ctcd for tho
oi "Norma." and that 8lg. Arnoldi had ?nly been temporar
i!y put into the opera. nntU I Jhould ^orer from ?T W???
il'non. I immediately reminded him of the fae*th?i the Dl
rcotor, Maretiek. had aprli.dte me on 'Saturday
if 1 bad any object on to trtnafrrnug the part of Polhona t.
Sig. Arnoldi. and upon informing hi- "
Idk to aeaur.d m. that auoh would be the arrangesa.at.
Judg. then of nvanrpriM. I exolaimed. to I learn i, >? I i ?? ?
did, that th? day tofore my perflation w??
bad been aaaigned to that gcntl.man. th? , rehearaala erdered
with him, ntid that in th. fac. of all tbie, tho bUU of the
Monday following annenneed that f, J!?i
character, which 1 had boon exp Mfly aakod tO( Mlin(jai?h.
1 denounced ibi? aa an unworthy trick. Frv,
able to excuae hima.lf ftr thia conduct, ^'oln.d by Inantjng
that I .bould tak. th. part away fr^m Sig Arnoldi, fiadinit
that I eould not expect anything from^ hi? courUay. ? *PP?*'
td to him to epir. Araoldi tho mortifioaUon of beini thruat
out of an op<ra lnwhi. h b. had only appeared onoe- Trr
still refused I then told him that hi. oaprioioua and tyrannl
oVlconduottowarda .h. ar.ist., ^dh.iojudoiou.oours.
ia aodgimg to his performers parte whelly uuanited to jneir
peculiar taieots, would destroy th. opt ra, *, tnA
ofprcssing up an Adina for the part of Minna had already
Uen mad. the aul jeet of ernel rW lonla. .
Thia .uded our interview. Fry started PMC ipltately from
tbe room, olf. nded by my eritioism upon bla managerial ao
coniplii Umcuts, and without atopptug either for
ritlection. rushed btf.ra th. curtain i? tlic prosaaee or the
audience, out of breath, and if 1 may judge from lu? .?V**oh.
out of Ms head He said, ae-ordiug to the report prmted in
the Mirror, 1 presume by authority -1 have J"'* ?en*a
netti, in hiaroom, an. h. positively refnsos to appear in the
character assigned 1 im, on tht ground that ^b?rda
i. to be tho ' N orma." He <e ainra ri diculoualy , an d
is not fit to sing with arti.ts." N ow It will be seen from the
mim-te narrative 1 have already giv.n .f tho
with Fry, that I did not us. any ol the expressions wWoh he
attributed to m. in his speech. I pledge mv??lff?r th. ao
curaoy of the statement which I ha*, made. and I deny , in
the most .mphatic and uaqualih.d m^ner. tbat I refoed te
tit! in the cp.ra of "Norma;" but abo?e all, 1 i'nouno. th.
asK-rticn that 1 refused ?nt of d-ar.areot to M i d ame l.a
borde, as utterly false. 1 so denounced it on Wednesday
evening, to Fry 'a face; for aa ?ojn aa I aaaertalned wha? ha
had said, I had an interview with Meatra. Oor?rdCotand
ethera, beforo whom, and ia Fry'a jpreaence l app.al.d t.
Mr Coit to say whether I had naed any auoh langaage, oi
Which he promptly and fully acquitted Be.
I tli.ienpon jronouaoed Fry, in the pr^a.noe of these pn
tkman, a liar and a slanderer. He appeare to hav. faraishel
most oi the patera with bii aeeount; a ae of a^ Bgbt ?
attetnpttd t? get ui with me, m order to extrloate hlmseir
Irom tho embarrassing situation in
by convicting hlir. of a wilful falsehood-. "/Vfw^lUht^U
evov.jli in ths main, with He nngle exoepticn that a al ght mis
tsko ia mad. in the t ame of th. individual who r.o ived the
only blow given. It ia alwaya in b?d taata for a man to re
port his own share in a conflict; bit it would be
ur*ot < rousen my part to say much of ihe rroweae or the pride
of a Napoleon, ' whose irst impulae, after beir g kneeked
?evf.r for his insolence, was to brush the dirt off hie
and whose licit movement waa to i.cnre a "P*odf. n
It ia very e vident fro? the very .Uberate artiQlea whi ih ap
peared ia iht papers this morung, in r.Utlon to this alfair.
that th. cmiisaries of the manager were
tricualaat evening, in circuiting re porta fibnoated ta tuit
the tasto of their emrloyer. There are
wents in these articha, which I would like to >ottot. and
which 1 could taaily refnte; but 1 know that thlt ??tt hat
already f?r exjeedtd tl e limita duo tha subjeot. and I mnat,
therefore, let tkem pasa, confident that 'Le final judgment of
thia emmunity will ^indieate itt world-wido reputation for
J "l " Je'eVea! byntb*e correspondence annexed W this nets,
that it is my intention to liag in Jfiorm,a
?iii" and ?u so doinr, notwithitandin^ the njurioni and un,
3 Sutl c?4??t of llr. Fry. 1 have ond-afored again to
true) my grstttude to the patrena of the opert in Ne?
V rk, fur the kindness and unerosity they hare ao ofttn ex
:D^iotnce?ent'of mj^nani. f^r if.d'ay 'uS
to ti le remark- for cn the Friday preceding another artist
hsd bee? deaigiated b? the manager for that
tr. knew beaic*. 1 was c< 'fined to my bed with a tever,
be.ai -e.'in order that he might be fully assured of 'oy eondi
ti' d 1 (.(.fired him tc send hie own phyaician. Dr. F>rbea,t)
? tt?r.d mc, who iaformed Mr Fry thai X was entirely to. ill
'?i*oa?not conclude without again prote.ting that in m .ia
itauce. f-itber to the maca/ar or to aay ^Vthl
diprefre^'tfxiUy of the a^com pllih meats or the
laleits^ of Madame Laberde bhe is an art! t of de.orv.-d
emiuence a?d popa'arity in the line of charaettra and ??tyl*
of muaic to which she is adarted by tht quaUUM of her joiae.
In these ale has ac.iuirei her fame,
cpinion to Mr Fry tha*. to pr?aerv. tbtt f*m. it wanldb
well r at ahe abould adh.r. to these role* ofw^ohAdina in
?'Flitiir d' ' ia a tyre. If I have ortendod that lady, or
inclined the diipleaaure of ber friends. I seiM th u >pp?tn
nity to expresa to her and to them my profound ' "*"t.
1 hacking you, air, for your kindness in giving me ao larga a
spaee'a yonr ee'lnmts. f trust that i. w ilt be fonK ' befare th.
iidtscietion of an smateur maaagsr tunning to UtfeotlighU
with a schoolbej's tattiisg dUposlliontorelateto ?nandl
enc? ti e icenea of the neen loom, will agaia make Itnecst
.ary Uat sither th. Bar. ai... ii ? th.
wi'h a not. lrom Y.ur friend, SKTO BK?eu?i".
T ''fh ? C<- o in u. U to. 'c f l ive Year.' Subeorib.ra "n
quest Sirntr Bciiedstti to si.g In the op.ra , of f'?'?*;
Fiidav e-. fuing IhU wcnld ^iv. great attltfaotion to th.
of a note licm the Committee of r,*?..VVla" on Fndar
desiiiig him to ting in the opera of N rma ?? Friday
*??*, in* lie beu& kave to assure the committee that it will
a ft or dh i m v er y%r ia t pi e ai u r e to ocmply with their r? quest.
Ktw Ycrk, Nov. 3D. 1^*8. .
go far at Ua.t in tht puhl ca'ion tb?i? was no detign to
ray enylliin* th?t wa? dUjaragiDK to Mr. 1 ry, tither at
an Individual otl?t manager of an op*r?. No ""ptioa
ia taken to ttaea* lama: kt. There are t&| aerie* of 1 publl
catlcna npon wbich U founded tbe libel complained of in
1 he eeccnd, 'hir 1, fonrth. fifth. sixth, seventh e'ghth and
ore of tbe ?ub*(.?r.t lite.s. ^ ou per wire tb? - the factt
atatec In Iheae ptblicaticcs are proved to be trae. Mr.
Bonedetti twear? Le never made any tuch Htatemtnta aa
Mr. Kry said, m d as 'he Mirror and Conner reported hl?
fabavfnK uttered Yon see Mr Fry, in thecoarj. ofU.t
opera, attempted to create a prejad ce a?alnot Mr. Beoe
detti. and to indnce the audience to diive hlm from th?
etsce by ftatiac thr.t he had i? fused to tloi( with a lady
whom he raid h! had ttigmaUzed. /bit waa calcoUttd to
excite airaintt bim tbe most Tiolent prrjadioet, and I ??T>
therefore, the ?tatem?nt, even if It were trne.# u ?ot ?"9
which a skillful manager should haye made be. or* tbe cur
tain He notcnlj, however, takes advantage of tbi* o^caaion
t) biing the matter before tbe public the .mdl
ci? us adviee of s?n:e of hit friend*. b?t be attribute# an
aaHertion to Mr. Benedstti which that gentleman aajt wat :
a deliberate falsehood on the pait of Mr. Fry,
it a to bi* statement he coavictel him of that fal^ebool
in the i ie> ence of Mr. Coit. You have Mr. fry ?<>? l?
collision with Mr. Kor.l aid Mr Benedett . He pledged |
himtelf to Mr. Rorai that he should give him a place in
the r< ncert vet he broke hii promine ; he caused a Ule
Xcic de^a'ch to he pnbU.hei against Madam Traill,
fi,d h" airo, by attiibuting to Air. PenedetU laD*u*?* ,h*
bad rever uaed, caused him to be d?J*e? from hm boi ird?.
If thia conduct be irdioative of gocd jaiigment it ia for
jon. gentlemen cf the jury, to say so tnd i ^ the ??*"?
tl riicht tt wt? calcula'ed to ini ire and break down the
trs eun justified in ualrg the remark. It
did me. In the otiier eommentariei upon tht. qaettion
a iktlKo. o which wa? puhln.be.1 on the Mth Ktoember.
Till IHEVTl T1!K OPKHA HO?'.*K.
The recent t.irmotl a; the cpera llluatrata* tn* charactari*
t: < v>l.i ,t> ?? 1-av*. trvm the batinning. predicted would be
i hi remit ot I rt'a <n?D*gen.*nt. Vuiijr. pretention mi d ig
nortn ? in ('iual j r .riitT'i *. ure the |ialiti i mojt in favor,
it would r<eio with the Op ra Committee, in their Selection
of * lorn* The principal aablaTemcnt of Fry, to far in the
r?n>pai?n, haa been to Ret tip a fen J with the beat artiit* of
bh c mp mv forwblcli )t?u ticnally rebuked on Frilav
? vecii. /. 1 v the triumphant demowatrahon from tha audience
is .'a ' r ol the jr at tenor Toavoid tlua rabuko, the houae
vii packed, fr"in t*c pwinatt- (o the amphltheatra. by the
loatera ?f the tree li<t and the hireling* of the manager. At
leabt thrta hundred peraona, who by tb? apeoial permit of
Fry, were Allowed to (trace the opera, for the urat time in
their Uvea, went there, ou Friday nijjbt, dri'led and trained
fo- a perforaanca btura theeortaia. Tha Aral act waa to
applaud Marjtiek. ai lieectered tha orcheatra: the aeoond.
to iila* llenedettl a? io<>naa he appeared, and to drive I in off
the etag* at all tazarda. la order tc prepare tha way for tla
tliinl act. whiah waa the appearance of Fry. Tha audienoa.
antifipating p.rt fr?m tha Indioreu* tignre and ahakioK
kneea < f tin las' performer, liatened to him for a momant,
whoa he waa pumatlr lantr.fl'the atage to mi d hla bualneai.
Ir jnatice to J ry, it ought to be aiid thit he folly auatained
hia farcrtt* ebarc ter of an apn? in w?lch be appeared, by
no mean* for the t:rit time, oa the preceding Wcdneaday.
Mortified and ehagtited ly hia htiini lating failure in the
attempt to thcit f\ mpathy from tne public, in the quatrel ha
had provoked with Bcnedetti the rednuMaMe tnaiuir in
n u?'"l hia intention to challenge the tenor, by thafomwing
intimation, which mar be teen In our report ot hi* apeeob id
yeiUrday a paper ? ' Ciroomataaiei hetwc?n tie, of a private
nature, era to he diapo.ad of elievbcre, ' Thia remark waa
received with ? ihout of derWivi laughter, from all part* of
the teiiae. Whether tha prelimlnarlei of thia *-and duett
with platola and c< (Vie fortwn. ar? yet daiinlt- ly arranged,
we hare not h ntd. It la understood however, that tho m et
ing will taker lace at Confcy laland. on (icrorner Dav ?'i
I lr.nt v.irn. IV o ?d\laa Fry to darote all hit apare time to
careful practice, fur Ben'detti la a dea I ahot. Antlol pacing,
probal.lj, the ce< en t tic Kcvamaata { f hh manafro-, IJonedatll
made t-m'fir a tn :ft f jpert markaraan I?jt aim ncr, by ahoot
lug awallona title wirg, along thu bank* of the Hndion,
ami tx*relr|n* tn ti e p atol galitri?* at Newport, with the fa
moil* OiiLt V a * Smith Like tha Count, he rinra the bell
or. the tnlt'a i ji at ovory ?!iot; an J if the Opera Committee
w i-b to nave thi'ir mantget, wo ? <1 vi e tv.era to implore th?
pr.upt iot rt r nueof th? CI let ot F >ll?e, lu*. if, aa we do
not dr.tiht, tl ty nr^ *nxl ua to gft rid of him in ??ni way, no
matter hew, leav j him, wo rray yn. genllam >n, to thaiieady
l , f j--, , i?>ttl r ho r eret ml**"* hla aim, either in i <uoU>
or ia a rfnmt.
Ae lor <ha raving* of tha diaappointtd ori?|c?, whi#e l<?*
t?u-< ft. 4 ftufUttj u, rs ?+ * u*s*i <1 ?i
duet which it certain to rain the oper* is Hew York, aaleis
the chastiaeaMl * he ku already Moelred le fallowed by p?a
t lb Beat, if posaifcl* Mill nor* severe. we shall Imte ft fftrft
grapb or twe to them on Monday. We will thea give the
origin, history, end seottt matives of thle uontroveriy, glane
ing, u we pu? along, at the giraffe who represents the Com
riii ftt the opera; aad perhaps b< stowing a word upon the
hader of a ciiiine of polka dancera. who doea up the eriti
einn by 00 job for the Cimritr ie? Cteia Unit We shall not
trouble wareelvte with tho ma aU ftj of the JVikei.ie, Mir
rw $-<??
The iMULD of the 4th of DfMmWr ftooUae this para
graph
"t?I? ITALIAN OPKIIA.? AMOTHI* BOW.
" From the fo'lawing, which we extract from the official or
gan of Mr Fry, the Courier 4" En</uirer, it will be perceived
that there u every prospect cf another emote at the Aster
Place Opor* Bc??e>
Uipor lUnedetti, while ringing a solo, took the nnwarrant
abln liberty of taming to tho oroheatra and beating tiaau em
phitloally with head and band dariag three or four ban, and
wo were not surprised at the marmara of indication whioh
broke fTcm lose of the members. Had the dlrecto ? fceea the
most tumble lyro, the act wonid have been inexcusable; but
that a Iran of M. Mantztk's great talent and acknowledged
position, should bo eo echeoled before the pabiio by oae so
ignorant of taueic at Sign or Benrdetti, U uuenderajla. M.
Man trek, we were glad to *eo, bora this piece of assuranco
With equanimity.
1b ctuneetioa with thii subiact, it may bo remarked, that
the audiences at the Opera Uonai h?ro keoorne alarmingly
thin, and that, to increase th?m. and add funds to the treasu
ry of ihe establishment, another rew is on the tapis, aad will,
ro doubt socn take place. Thie seems to be a part of Mr.
Fry's tactics that we h-ers> much about, and whioh, thus
far, at all events, have nuswereil the Ueaired purpose; because
the home never war to full as it was during the oxoiteinent
that attended the row between Bencilvtti anil the manager a
short ti??e lince. We would sungsst, however, that more suc
cess would probably att<nd th'i second row, if it took plaeo
1 el ore thecurtain iuttuad ot behind it, and then the aadience
wili be larger, and an opportunity will bt afforded to the pub
lie to decide on the merits.
" By the way, we perotire it is stated is feme quarters, that
a fresn importation nf artists has been ordered for this eitab
liehmont, and thnt they are expected to arrive here shortly.
If this be true we suppeso the old ones will be ssnt adrift as
soon as possible, and their places 811. d by the new comers.
In anticipation of this, it would be sood policy for the old
artists to elear cut thensclves from that establishment; for
they can get gnnd engagements at nmoment a no'ioe at other
houses, where tbey v< uld bare full teases, splendid ap
plause, and sentlemfti ly treatment, without any fight* fa
the green room."
That constituted the acconnt and lilstory of tho Italian
Opera in Nt w Y ork. On the Oth tf December, the lime
observation* were made npoa it in these words:?
Til K OI'KRA AM) IT.? IT.OSI KCTS. ?*, *
The hiftory of the rresent Opera season, from Its com
Enticement is n history ot ridionloua blunders, vielent con
tontions, supercilious ignorance, and tanghabls rows and
riots, all round the compass of operatie mismanagement.
This failure arises frcm the incompetence of men attempt
in i what ii beyond their ken Just look at the management
ol the Opera during tfce sea>oB, that has, we bad almost said,
ci me to ft close, tor. if it bo coatinued any longer, it wil< he
burlesdue. rather than opera It has bo B nothing b-ii a
tcene of disgraceful brawiing aad broken promises through
cut. A short time ago, ft great noise was mado aiout the
pplcndor of the eliorus, and the number of persons employe 1
ir tbat branch of tbe performances. Now, all at once, this
deiftrtment is reduced to the most meagre dimensiona, in
conscquence of the detachment of the troupe to Philaitlphta.
Ihe general company of artists possess, wo admit, much
merit, but there has been no skill In tie application of this
tslent, under the control of the present manager. Obsta
cles are thrown in the way of the best artists in t eir favor
it* character! and Trnffii was almost male ft victim to his
inrnmpeteaoe aid hostility. On the other hand, Madame
Laborde, who possesses, to an extrftordinftry degree, the
qualifications natural to the French ich>ol. has been takes
cut of ber peculiar rol?, and thrust into the Italian school,
without post or sing any of the qualifications naoessury f.r
the characters allotted to her
In fact, the management of the last season was ft series of
blunders from beglnaing to en*, ftnd wound up with a bank
ruptcy, and there is every appearance at present, that the
management of this season, with more turmoil and confusion,
will end in a similar bieak np, before it reaches the fulness
of time of its premised termination.
On the 5th of Jaruajy, 18*9, I find, the following:?
THE OPKliA IK ftllLADBLPIllA
Bnrst np end ended. When it the oporft here te follow
suit?
t* of JanMr' thu notice ? *
IhTthST ** ?""? "S'eompUi. of
i ? ?"?"? 0B *?# OBCM,on ?f th? Simpson be
?? ?i ? ? ought not to have been so; but th? unpopularity
2isl ? 8 ^.p?r* J"n*gement U enough to thin any be'
Befit, i^en cm for a charitable purpose. We cannot exnaot
anything better from tbo manner in which the owr? is e?
?t moled, and it* affaire conducted. By the by. what h?i
become of the new vocalist* wbo wore promiied at the com
mtnoemont of the season t Aocording to the rumore of tho
7 ,<at 0,,t thrM thousand dollar! to hie
brother in Europe, to procure new opera fingers; bnt it tia
SlFlil&LSP?* of getting singers, to'bny wmethlij
v^t'i . ? accordingly we learn that a splendid panorama of
?nml nJ?'l ,e.c" PuroSMed in Europe, and will arrive at
eome tlme in thli country, to be exhibited to the faehiona
fnfflim.?t fi? ?? ? #per* ?"??*?. This ii a queer
fulfilment or all the iplonoid promiBei held out at the com.
mencement or the season. Mile. Borghwe, the sowano and
and wlil be'feri *1? ? fe?f SUt tofc . .YB,t?d "earner,
*??#?? lhi vJ ItJ tI w days b.ut ih*y hav? been en
gaged tj Mr Fry. Thej ecme on their own book.
With the exception of these, and one or two little p?r?
ffft " Pul>luihel on tho 11th of February, 1849, yon bare
uk\* ,#,p*ctiD? th# character of tho
macap*ment of Mr. Fry.
<v-ni2.h'frMUTw,l(J the K*??r?l In chief Mr. Fry,
the legal, medic*!, literary, and musical staff of the
grand army, met at Mr. Fry's room Maretzek sart it
Trd th!t hf iw1**? agr*f? .th*J **'to be susUined,
! ftriondi ought to be preunt to sustain him
D g Jl TJ" ,?TWMi u hlLr* tbera 1h?? to
invtAln him agafest the other Fide. Mr. Foster says
, , ?. **? * general deteimination to marshall all tho
friend* of the opera and Fry for the ensuing Friday ?To
ning. Complimentary tickets wore issued, and tho
fiftJ P?r cent larger than It ever had boon
AY* b'Jot *"?>? ?<*?*? ho wanted,
won uttl ? that on the morning of Hidir, h? saw Li
lat* give away five or aix eomplimentary tickets, one of
thj-ni to a Sicilian barber, U hiss him. Mr Fry dia not
think proper to examine him as to tho extent to which
;! f."v*e,e 8'r"n ?"?/ R?T0il, who particularly no
ticed the appearance or (lie attdienae. says it was different
from any be ever saw bo'oro or after tn tho Opera H-ni?e
oLi.tr! el*?or they "*m?<l to be indifferent to the
opera themjelve*, ana bent on preventing other* from
bearing tbe music in the orchestra, or th* siuging on the
*!???? Benedetti say* he heard of many ticket* belt r
given to persons to bis* him, and the erst who gav* the
Bignal for hussirg him were tho persona emp'ojed ia th*
WW' J7 ^d.hi3 ffi8Qd": Mr. Kyle, the flutist,
tbo /*' th? v8, lo"8 njUi,i??1 cntic of
,7hc? th? ^"or of the
Hmlaij. called "the giratU." (l-aughter ) Dr. Ko?
rr ilr- Sherman, the lawyer now preeent? all
tbo witnesses concur in stating that the course
pursued on that occasion by* Mr. Fjy's friiad'
wa? G?t to applaud Maretcek rapturously, and then to
receive Benedetti with a atom of hksos: and that the
object was to break up the performance. IJenedetti was
forced ito retire, the curtain fell, atd the victorious Fiy,
flushed with victory, elated with triumph over the tenor
rushed upon the stage and announced? " Circurostanoes
wh^r?" * PTlTmt? "t0,1* to be disposed of else
where. There was a tnmult and be retired. The audi
, oni?r' *Dd ,u good sense prevailed over the
effort of Fry a army, though when the curtain rose again
Benedfctti received eildeices of their disapprobation.
Tte opeia, however, was sung through. With the general
regular opera goers Bwedetti was a great favorite as was
proved by Mr. Hamilton. Be was tie beat tenor in the
company as waa proved by Maretzek. Why did Mr. Fry
first s ander him to bis audience on Wedneidav evening
tv^i1 ),hfv^C,* ef Ut 1>tw ? Wh?* <"? the obj ?ct If
' "n^nait to tbe jury that having disjov
ered that he had engaged too many artist*, le thought
be would get rid of some of tbem. His advantsge wa* to
reduce the number. In December he divided his com
"d,?n* portion was in New York and the other in
rhilade phia. rhU exniains those articles that, can in
any een?e, be deemed def.n atory. An to the articles' la
the IIkfaid cf the 13th of January, I csnnot see how that
can be regarded a* a litwl These articles have shown
* *J!?W ?f. *nd jodgment and of personal
veracity a? between Fry and his artist*, and
10 fJ10"* f9ud'- ^ned.tti, Foster,
and Martexek prove those facts Maretiek say* that all 1
the time there waa trouble* in tbe green room; they
were not made public. The only row that did Ind it*
?V/ D ? b# BxBald. wa. that tetveen Fry and Rossi;
gainfd publici^ln,ln " 10 ^ fri#n<U- Md U
Thirdly? The la*t series of article* relate to the ball*
couniel here read an article from the Hkrauj dated ad
Janus ry 1849. beaded "Grand Fancy Ball? the liana
8er ? Laflt^iick.,, Jt ig t\n follow/":?.
ORAMi FAVCV BALI. AT TH F AS TOR PLACE THSATRK
TH* MAiNAGKll'fi LAST KICK
nZlnlir f' Mr kTy' Vude; th# authority of th*
th. i 'SjJ1" ^nnounoed a grsnd fancy drcm bsll at
-rfi?- 3 c"me c" 00 tha ?'<?l'teeuth of
January, litis is a similar mo ement, and sprint) from th?
M??e eausee wfcich produced th. gr?dfa?Jball of
,^nn!S a * trea,nry 1f thc estaoliihment, U ooase
I f m?BMe<u?nt, 11 empty, snd samo scheaic must
i J'm ? r7,'enl,,lj iu ="ff?M ThU ball may probably
.it ilr"?t t'nnlaatlon of the opera sea
Bon altogothcr. We remember how it wai durioe th# last
eess.n. a^r.ndfaBO b.U wa* got up, and nnde? thj si.?
pesed eclat wbieb attended it, the minagHrs ot thai day
4,id tL? enj*t fillers, who l.aJ i.nocenUy a/
vaneed money lor a ovrtain nusl>?r of nishts wore choateJ
Jo'Urr tUiri 01 tU amount ? some eight Ihousand
ron niar,ff*.P.hA?r * 'l', ra 0T 'mcn ' will Stnce.,1 nlhe pres at
fnt .h.i? ,**1ku??,,u ?"J gtaeral soci-ty, we don'tkno*;
endeavor to give it nil the aid in our power, as
the last ree?.rt to rennscitate and sot on its lern fa?hi>nabl?
?if i'' *'i 0?nlnb"ite onr ni;e to the poor Italian arti/i s
ri? * tbe Inst'twV "^Bced and dliapnointel du
to .i i. T i I5 ? e und'r?tan? that it 1? iutenlod
10 mske thi* ball a preat ?n? r in fashionable life. It will
"'V;'" <h? concentration ol all the brilliant eUments of
ia. hion, which shone pc gloriously s? the fauiy balls given at
and Newport lau summ.r. It ai 1 b, ? w?K5 of
sll the characters, all tbe l.eauty, the el?gan< e the *iti who
sppfared on those occasions, law i; as o"sorno newehare
t?rsvihri have flgnred st private rohesrsals .luring the la^i
l-w vetke The famous polka, as it ii danced in tbo puhlio
tiTo' ^""i^t'i! fr and fa tbe Hungarian eemp? on the Dan
hcr e for th. ^ f f"lu" <" "?e oocasion. Let us
i lie leading of tbi* arlir.le excited considerable mer
limtnt in court. Cnuvrei then proceeded to ;ay, subsori.
bera who paid $15 for the whole reason, were not return
ed their money . In the Article relating te this, I do net
tee any charge, unless liisto.ic faoU and tbe reault- it
wou d be illogical to deduce fraud from failure. Th* next
article of wbich I ry complains, under thla head U
d?Ud Jith January, 1S4!?. It it as follows^
ITALIA."1 Or*n A? SIVC.I I.AR CflAXQK Or THE TIMHJ
If the rvecLt grand f*ncy tall, glrtn br Sigoor Frv at tha
or?ra !.< uie, was in a certain degree a failuro, it wilf proba
bly in *nothtr wsy turn ont to be a very favorable affair for
the rest of the season and be the ni'sn* oi estai lish.ng ?uo
and a day beyuni ?Pl*r* '* thU e,uutrJ f?r ever hereafter,
bo M?*t the msna?ers of th* ball were
niocl, r.naurtd fir permitting on that oo *?l >n .
clsss of (oclcty In thfi city to rgnre on tho gala niiht tni?.
ing fsmihnrjy with all the pbsract?ri en tie '>oea?ton ' The
elaes of society .ere sllndfd to is that ori*iBall? Ituj ?E!
" sporting geutlemin," oeinp^ed of m? w ho own *n?.?dH
maasions in Park , laoe snJ h r: a d w , y c We g?7r " ,P oham
pagne and gune suppers, and entertain an5 support the
whole by the pres^eroa* rssult* of the faro table. The svs
tem ? i bi /hej pnriue ia ia lomi respoeta not v?tj diffor/nt
fr- m the Wall street system, st least ,Pn its moral? m short
we "J df ? stand that the Itil an op rs is an, patronised^ m l
I'l'tkl?,. h P*'1*e'.te and s-me of tlie frirate botes by
a 1 the f| (i Ubr mon ?bout town, win ar'i tlie n'mt ale.'ant
and aocomr listed men o? the dayiwlo^ sport th, bi?.u
h'\ the most delieate aid ricnest olo.k. ani
? v ? '* hT6 *'togetier unia:pea.3ialp|n
k, - L <ein"",rjn hand, who deal inatooks
a. e b> no means to tolicste in finish, in manner or 1 1 dra?s'
J.t teople conrected with a diff(rcnt k nd of hankinc
, n tLf W-? dt*' ,la r?'d'" ? "hionihle sociitJ
tfv IV. l!v P 4?11 cf lwu kl"'u "f "P'Tting gen
try-the r.no bthg these who dcM In ot icki. The other
arfV- *h1n<l",1"?t cards ; bnt the latter desc-iptl<n of po ,1,1a
?re frrtht laoit elegant and ae..omplish*d of ti e "no
liai t In H,* H '?* ' the leajon at the epera will now be hril
v'h Irl f . l .th* entarpri** will donbtless oiote
tt end r refit, leaving avast swrpli.* forth* eatabl.ah
fcs??fc hi a at
TI.e f,,rr?oiD^ rartfcnlarJr lh? Jaet sentence, Mas*]
j g.'fc. JKHUutit u u>u:. Cvu?:w wt+\ jq 'w mxj,
article deeeribee tbe etaM inpportlac the OfM *t that
tint. Why Fit ihwM ecaaalain of thU I do not m
la tbe nanlfeeto which b? puWlthsd, he undertook to do
what no man eon Id do? to keep out from tbeat.es and
operaa all objectionable char*: tori of both nih; ho (aid
bo would hare a |ab la fotoe there to do so. 1 woader
If the police woro there, that they did not apprehead
Pry l.ltmolr. who violated a 1 order and decotnm. I ?oO
know that the clam of persona ho undertook to retaoTe
will continue to gain admlaaion to publia amawmauts till
tho millenium. ? Uoo of the aporting men whom we put oa
tbo atand, pro red tha t the aportla* ciaaa woro at th* opera
and tba grand farcy ball, and that there were tome ' fait
men " there. Theae persona wore there, and it wai quit*
rain on the part of Fry to aay that, with a ay number of
polioe, bo could exclude thim Oouniel proceeded to
read an article la tVe Hkiai.ii of February 8, 1849, headed
? Judge Fish's pardon of Jack laniion, '' as follows
Governor Ffsh'a eodi of tnorsll may suffer iom? in tfcia
oontcat, but hit codi of practice near rcinala intact fiom
thia day, we suspect, until tbrco dayi oi'or* thi day of judg
ment. It U difficult for lawi or aovernora to prevent ^ahion.
able s ambling aaiosc fashionable pxupla, in aueh a faahiana
Vilo city at ?ew York, in thi faetioEable world. Tho faro
l anka ar><i banking institutions for xauibliaK In Park place
and t'pper llroadvar are probably aa pnro ia morala and
hiBittly conducted aa sivoral of thi basking establishment!
in Wallstreot. "Certainly tbe fare fioanoi?ra, is ealli d. aro
much more pollihtd and better dreaaid, and finer looking
m?n than those in Wall attest, aad but for the ratroragu
which they gin in th? parquette and coulittf of the Italian
opera, we doubt muob if Mr. Fry eoum luataia himself a
we"k. Even the la?t fancy ball mould bare failed, and t-ie
arproachinx arand drtss hall must (all through, but for tha
I atrinago proceeding frcm thi faahionable saloons of I'ark
placr and Upper Broadway, wieii Jack llarriion aul hii
associate figure."
After reacirg th's a'ticle, which al?o elicited much
mirth, the learnt d counsel then quoted from tbe
teatimoay. of Fotter, > jy dam and Kevoil. to prove
that there were sporting tnea, fait moo, nod a diss
of wrcien kr.own aa pabli# prostitutes tbera. All
this. however, tees not impute anything to Fry, unlaw
that he undertook to do what be could not in keeping
th? tu out. Tha broad question now oomea up, did Fiy
exhibit skill and tact? If he did not, It wi.i tha right of
Mr. Bennett, and the gentleman who wrote for him, to em
ploy any terms of liuicule they pleased, no long aa they
aid not fepart from his appearance, or misrepresent bU
talent od that subjeo? Tha learned oouniel then cited
838 Meeaon & Welaby, the case of Gathercole vs. lie all, in
* kich Karon Ali'enon lays down the law aa followic ? ' It
aeenm there is a distinction, although I must say 1 really
can haidly tell what tbe limits of it are, between the oom
niftilH on a mail's public oonduct aid upon his private
conduct. I can understand that we bare a right to com
mtnt cn the public acts of a minister, npou the public
acts of a general, upon the puhlio judgments of
a judge, upon tha public akill of an aotor ?
can understand that ; bnt I do not know
where tha limit can b? drawn distinctly, betireen
where tbe comment ia to cease aa being applied sole'.y to
a man'* pabllt conduct, and where it is to begin as ap
plicab e to hii private character; became, although it it
quit* competent for a person to apeak of a j adfment of a
judge a i being an extremely erroneous aud foolish one,
(and no dcubt comments of that sort have a great ten
dency to make perrons careful of what they aay,) and
although it Is perfostly competent for persons to say of
an actor that be is a remarkably bad ac or, and ought
not to he permitted to perform such and such parteoe
cause ho pei forms them so ill, yet you onght not to be
allowed to say of an actor that he has disgraced himself
in private life; nor to say of a judge or a minister
that .be has committed felony, or anything of
that " df swiption, which is in no way connected
with bis public conduct or public jndgment." This
is ji?t the distinction tbat Lord Eilenborough took
thai the critio has bo right to encroach on private life.
In 'he present instance the comments were up*>n Mr.
Fry 's public life: and the queation ia, doea the evidence
satisfy you that Fry, aa the manager of a public opera
was wanting in tact and judgment. BmeditU, and Truffi,
and Rossi, and Mare trek, all awaar tkat ha was not a
competent manager. One proof of thatli, that be did
not send out to Eur< pe a competent person to engage
artists. Those th at were engaged were condemned by the
audience on the sjot, and were utterly unsaleable .it any
price. He did not furnish tbe means to send out good
artiste. Bum or Maid he sent to Europe $3,000 ; the evi
dence tbowi that he made an engagement for two week*
for $200 The engagement waa not kept, and the pro
gramme waa not auatained. Tha artist had to go to
Europe In consequenoe. The whole scope of all that baa
been alleged againat Mr. Fry hai been proved If not,
what are tbe damages t Has there been any Injury done
to the plaintiff? None. He w*at back to his clerkship
in Boston He had more artists than he had treasure to
pay. If 'here bad been no line in the Hkrald, he would
still have failed aa much. The Hhuld was not the oauae
of the failure. An attempt has beenltnade to prove ma
lice on tbe i art ef the defendant. It has been shewn
tbat tbe malice waa all on the part of tbe plaintiff, and
tbat it waa not reaponded on the part of tbe defendant.
Strakosch called on Mr. Bennett In relation to this mat
ter, and he has given testimony r f the interview. He
swore first that Mr. Bennett said he would fitiah Fry, or
words to tbat effect, but when cross examined, he said he
waa not sure tbat Mr. Bennett did not say that he had
done willi or finished with Fry. He was a German, just
ccraecver. and did not know the language. Mr. Bennett re
mained silent afterwards till tbe plaintiff himself appear
ed on tbe stage, defamed his best artiata, and created a
?t-neral row. Ibis action ought not to have been brought
y the plaintiff, for he laid the foundation for tbe publi
cations of which be complains, by bis treatment of his ar
tists, and thrusting his difficulties with them on the public.
The Bfiuu> has hut exercised an important right which
its editor holda in common with yon, gentlemen, and every
citiaen in this community? and that is tbe right of pri
vate judgment? the right to make tbat private judgment
known, so far as It respects the public conduct, acta and
mansgeroent of any individual who holds a public situa
tion. 1 have already adverted to tbe faot, that the Im
portance of this right was deemed so great, tbat, in the
list ct us* itution adopted by tbe people of this State, it
waa secured as a part o? tbe fundamental law. That law
undoubtedly leaves for judicial aud legal remedlea tha
abuses of the right. And, gentlerren, the question tbat
is presented here, aud the only one on which they can go
to yon, is, whether in the publieation complained o! by
the plaintiff there ia anythitg that coant<tutes an abuse
of the right of private judgment. Aud if tbe expression
of tbat judgment to tbe publio ia a matter or public con
cern, tbat right it Is your duty, and it ia the duty of thla
and every other court, to guard with care, because it haa
beer- deemed so esaential to the safety of our citizens,
and to the continual ce of the government under whiob
it is our bappineta to live, tbat it has been incorporated
into the aonsii tntion itself. It is not to be frittered away?
it la cot to be hampered, or cut down by narrow con
atrcctlona. Our construction should be liberal as ti the
exercise of tbia right, and if there be occasional in
jury arising frcm this free and lioeral exercise of
tbe right, it ia thatspeciea of injury whiah attends the
exercieecf almost everything we can count a bleasing,
and have the happine t to rnjoy on earth. There is no
such thing as unmixed good? there is always some
qualifying evil accompanying it. Tbe protection of this
rigbt the defendant claims at your bands. I submit,
then, that when yo? shall have carefully considered this
case ? the circumstances under which the defendant waa
led to publish any thing, and the attending facta under
which each of these publications was made, you will say,
with entire conscientiousness, and in accordance with
the freedom guaranteed to tbe cltlxen, that there ha I
been to abuse of the right on the part of tbe defendant.
With these observations. I will leave his case in your
hands, feeling confident that under no oolorabie p etext
of abvse you a ill indulge In ? disposition to restriot or
tiamcel the exert i e of the right of private judgment
and of free and legitimate criticism.
The Ooprt ? I wish the gentlemen on both aid as would
put down on paper the ^ointa wbich they mean to sub
mit as matters of law arising out of this case, so that I
may look over them previous to the Bitting of the court
to morrow. ?
Mr. &A>nroRn? Certainly, air.
The court then adjourned.
Medical Society.
DELEGATUS AFPOIKTBD FOR TDK STATU SOCIETY.
An adjourtcd meeting of tbe New York County Mudicaj
Society look place Monday evening, at the Court of Se siona
room, Balls of J ait ice, Centre street, for the purpose of
nomlnatirg and appointing slx'een delegate* for the
State Medical Socviy. Dr. tialeu Carter presided, aud
Dr. Jehu R. Van Kleek secretary.
Tb* mitntea of tbe previoui meeting were read and
approved. A discuhfirn aro*e on the proposition of the
e'octicn of delega'es; but on re'erence to tho law as pin*
ed by the Leg slature last Jane, it was evident that It
wan legal to proceed and eleot tbeir delegates for tbe
State Society. Prior, however, to goirg into the ballot,
it wan moved and seconded that each delegate pay his
own expenses, and not, an heretofore, paid by the
8ociety.
A refolu'ion was then adopted repealing the bye law*
of tho Society, so tba the delegated elect will pay their
oen expenses. A ballet wad then gone Into, and tbe
fullowiig medical g?ntltm?n were chosen : ? Dr. Carter,
It. Bweeney, Dr. Pond, Ihr Detmon d, l)r. Hubbard, Dr.
Beadell, Dr A. L. White, I)r. Downs, Dr. O. White, Dr.
Calkins. Dr. S. 1'. White. Dr. J. Wood, Dr. Cook, Dr.
I'urdy. Dr. Cou.-ffn Dr. theirs ? 16.
Tbe President then ofTered a resolution. reducing the
initiatonfee fir m $i0 o $5. I; *ai adopted. It waa
tben ofiered. >nd cairied, tba; the del'getes be autho
r red to fill all vacancies that may oecur.
Tbe special commit t?e tben mad? their report on the
fee bill, establishing a maximum price. The r'aduig wai
called for, and a disciuiiob aioae after the reading, an to
the propriety of many of tbe chaigen th?r?ia sot firth.
Dr. Detnuuld exprened himself decidedly opposed to the
adoption of the teport, unless tho maximum wn stricken
out It waa ultimately agreed to stilke out the word
maximum, and made fo as to read a list of equitable
I rices. Still, however, there was a difference of opinion
a* 'o the inequality of many of the charges madi for
operation*, and finery it waa agreeu to refer the report
back to committee, and to repi.rt at a aubeeqaeat meit
iig, whiob takes place on next Monlay eveolog, at the
aait? hour and plaoe. Tbe meetlrg then adjourned.
Coronera' Inqucata.
Dp^ni CUtrxiD ht Intkm pwu.sea? A HoBiiim.a Cx?n ?
On fconday. Cororer Wilhelm to d an Inquest at the jre
mi m b No. 629 i'o.rl etieet on the body ot Mwf Kartell,
vho waa found dead in her bed, situated lo a basement at
the above named pr<m!*oe. When found, her infant
child, about six months old, was found l>r b*r si le clasp
ed in ita dead mother's arms. The child waa I ving, and
was taken charge of by one of the neighbora. The room
(rcvpiW by the deceased was in a deplorable filthy con
ditUn, at (Vibe evidence before the Coroner ehojrei that
abe waa of very in'emperate habits, an i died from deli
rium tremens and destitution, and the Jury found a ver
diet to that tflect. Deceased waa about forty yeara of
age, and a native of Ireland.
Dkat* iw Tim Crrr Prison ?Coroner O'DonuMl on Monday
he.'d an lcqueai at the City Prihon, on the bvly of Joseph
Iter cum, aged forty yea s, and a naive of Trela.nl, who
died in the prifon cell on Saturday af'ercoon. Itieama
that on Satuiday the deceased w*i fom'i at tho corner
of Broadway and lbai?b"ra street, by oftioer Jackson,
who, witneaticg a crowd, weut t? tbe a pot', and th>r? saw
the deceased on the fidswalk having just recovered from
a fit, hia iiead was cut. evidently caanud by the fall. The
oftl fr oonvejed the deceased to tbe Tnrabi, w'usre he
was depofited In a c?il; and ther? according to the evi
derceof one of tbe kee;ers, the dec?aa*d w*s attacked
with another fit The keeper attarded nn'il the fit was
ovef, aad then left; but sub?eqnently, ou retnrnisg t>
tin- cell, be asoertsiued the deceased waa then <"eid. On
the pu( ??i vrlm examination made hy !).?. Uhl, it waa tbe
Oi'.ul r cf tf'e thai diuth was e.'.ared bj ft
*7*fati:?n of blood at the bate of tbe bnio. A Willi
'.Ut effect rM revered by the jw/ .
Law m to Award or Cwtwiti.
BvrnioB oovwt? onvu nut
I mWo* of JadM Hoffman.
Dao. 7 ? florae* P. Rvu and G*> W. B*daft. the Mayor,
<fc., IKe e*n tf Neu> York, Bartholomew B. 1'wrdg, Oom
nwitmer of Meptfrt cmd SKppliti. and John Ooato and Om.
Caplin ?The motion before me ia for an ioj anotion tjiillt
the defendants to restrain than frcm proceeding with, or
executing the work, or any part thereof, or from assert
ing or nelng uj right or privilege under a certain reso
lution or estimate iet forth, or from Interfering with the
pavement cf either of the etreeta therein mentioned, and
that the plain tiffs may he declared entitled to a contract
from the corporation for the paving of Grand street and
Fulton afreet, within certain limit*, and that the con
tracts with Cooke A Caplin for such pavement be dejlared
illegal and void. The facta material to the queatlons, and
now appearing on the papere, are aa follows;? Nbtlee waa
advertised by the Commissioner of Repair* and Buppliea
in tbe utual manner for proposals to be mad* for the
paring of certain pcrtion* of Fulton street and Grand
s'reet, under a resolution of tbe corporation of 28th of
October, 1862. On tbe 14th of November, 1848, the pra
GisIj were opeted. The p rope sals of the defendant*,
r ke & Caplin, were to do the work at $2 98. and those
cf the plaintiff* at (3 for every superficial yard. Many
othor estimates were made, but those were the two low
est-. The proposal of defendant* wa? made and signed
Ji hn Cooke k Co. only, and only on* person signed the
accompanying consent to be bound that the applicants
fkoulc fulfil their contract, if awarder to them, and would
{ay any loss that wcul1 arise in the cat* hy their refusal
> complete tbe work, should it be awarded to the next
leweat bidder. On the 16th of November, notice
having been given of tbe defect*, defendants gave
a written notice of tbe names of the firm, with an
affidavit of Cook & Caplin, beisg alt the parties Interested.
Tbey also left a written consent of another peraon to be
et me the surety, with an affidavit of competenoy, and it
is sworn that he had before agreed to became such. The
Orismiseioners of Repair* and Supplies, on the 16th of
Novels ber, had taken the opinion of the counsel of the
Corporation upon the character of those defects, and was
advlctd by him that they were matter* of inbatanM, and
not merely of form. In pursuance of thia advioe, (as it
ispresuned) they addressed a communication to the
Common Council, setting forth all the fact*, and unbrnit
ticg the matter to their conalderat'on. On the ldth of
November the Board of Assistants adopted a resolution
tbat ibe contract be awarded to George Csoke k Co,
This waa passed by the Board ot Aldermen on the 14th,
and was approved by the Mayor on the 80th Novem bar.
The contract was signed, and those defendant* have com
menced, and are actively engaged carrying on the work.
The conditions to be complied with onmaklnga proposal,
aa contained in the ordinanoe, are printed, ana the nn
dertakinjr of the anreties, a* well as other partienlare, !a
contained in the eatimate furnished the applicants, to be
signed and submitted by them, and purport* to be ex
tracts frcm the ordinances. That which relate* to the
engagement of sureties la 'o the fo'lowing effect : ?
In ctnsiderUlon of the premises, and of one dollar, the
undersigned agree tbat, if the contraot be awarded to the
person f.r persons making the estimate, we will become
bound aa sureties for its fsithlnl performance; and if he shall
omit or refuse to cxecnte the contract, if so awarded, we will
pay to the Mayor, <Vc , any difference between tbe mm to
whuh such perscn wonld be entitled npon the o>mpletion of
such contraot, aid tbat which tbe saia Mayor, Ac., may be
obliged to pa} to the next higheet bidder to whom the con
traot may bo awarded.
The plaintiffs state that their proposal m made in
strict conformity with the requirements of the ordinance*,
and there ia nothing to oontradict that aaiertion. My
opinion npon the various questions which ]?*?* been
tailed npon thia atate of faots is ocntained in the follow
ing proportions 1. The statute of April 12, 1863, to
amend the charter, has not repealed the ordinanceis of
1840, adopted under the charter of April 3, 1810.
All those ordinances remain in forae, unless any
one of them, or a pari of any one of them, ia inconsistent
with the act of 1858. I find no lneonaiatanoy aa to any
ordinal ce applicable to the present case. I think the
12th sectif n of the aet ia compatible with them. 2 Un
der the 23d section of the act of 1849, eontraa's made by
authority of the Conmon Counsll, for work to be done,
a hill be made by the appropriate heada of departments,
nndar such regulators as ahall be established by ordi
nances. Here then is a delegation of power to make the
contract, provided it is mace consistent with the ordi
narces; subject, however, to' a revisory and an
nulling power under section 19 of the act of
1849, and ordinance 494, hereafter mora paction
tioularly stated. 3. The proposals of the defendants were
plainly de'ective, and do not oomply with the directions
of the ordinances To subscribe the name of John Cook*
ft Co , is not stating the names of all the persons interest
ed with John Cooke, or that no person is iatarested bat
himself, and tbe signature of but a tingle parson to the
contract to become sureties, and to pay the loss whloh
ma; accrue, is a palpable deviation from the conditions
Whether tucli defects are of substance or form, will be
hereafter examined. 4. Did the plaintiffs then a;q aire
any right by virtue of their proposal, and of the defeota
of tbat of the defendants' supposing they were not amend
able? Thia requires an analysis of the 103 st saotlon. In
the first place, the officer la bound to reject all estimates
which are not furnished in conformity with sections 497,
4t8 and 499. This power and duty to reject is, however,
qualified by the provision that errors of form may be
amended within twenty feur hoars after not! j*. It is not
bis duty to award the contraot to the lowest bidder, that
ia, to the lowest bid de - among those left, after the rejec
ticn of inch as are defective. The only clats of bilders,
then, consists of persons whose proposals do comply with
the provisions of the sections referred to. Bat tne fall
determination of that point is susptnded for twenty fonr
hours to give the opportunity to amend If the officer
reject the lowest proposal aa incapable of amend
ment, or it is not ametded, then I apprehend the
next lowest bidcer whose pupotal 1* free from defeat',
leccn:e?. by the very torma of the ordinance, en
t .tied to the award, and he is ao entitled by virtue
< f a contract contained in such ordinance. 5. Hense the
p. a n.iffs. having complied with all the requisitions pre
cribed, had a fixed right to the award from the Com mis -
i< ners, unless the amendment* could be legally made, of
he exitting defects in the other proposal. The amend
mints, I assume, were made in sufficient form within th
twenty four henrs. We come, then, to the question if
they were euch sa w?re oapab.e of amendment? In other
words, were tbey of matter or form? 6. In my judgment,
the requisition of a content from two persona hoise
holders or freeholders, to bscom* {sureties for the fulfil
> ? nt of tbe contract a* prescribed in the ordinanoe, is of
tbe very esttnee of the projected agreement. I see none
in all those stipulations of more lmportanoe. It is not
merely tbat the engagement is to answer for the fulfil
ment. It is that if the applicant refusas te execute the
conli aet when awarded, they will pay, or rather secure
payment of the loss accruing from giving tv.e work to tbe
next lowest bidder. Tne lowest bidder then refases to
execute ? he throws up bis bid ? perhaps upon a bargain
With the one above him? the public is without tte in
demnity expressly stipulated for. If there i* an; on* of
tbe conditions Imposed, designed and adopted, to insure
honesty in an offer, and fidelity in performing it, it 1* the
one in question. I cannot hesitate in saying that the de
fect is one of substance, and the existence of it rendered
tbe bid wholly null, and should have been r?jeoted as if
never made. 7. The next question, (and thus far
it is the only one of serious difficulty,) relates
to the supervisory power of the Common Council
in ihete contracts; and how far their action and reiola
tion upon the *ase. I con'ider that under the reaolu
tions the contract should be awarded to the plaintiffs,
and the appropriations made have, in themaehre*, no effect
upon the rights here involved. The Corporation had no
power to repeal or modi y, in relation to a particular
case, the general ordinances which it haa pitied pur
suant to its statutory or other power*. Cases which
have ariten under existing ordinances must be governed
by them. The Corporation can neither Impair righta nor
affix a construction which will touch the rights or rela
lations of parties under sueh ordinances This propoal
tlin doea not conflict with the authority of the Common
Council under the 4Mtb section of tbe ordinances nor
with the case of Smith vs. the Corporation, determined
In thia Court, an! fir. ally in the Court of Appeala, (Sel
den's Casts, Oat., 1868 ) These contracts ae subservient
to tbe power of the Oorporation, to b* exercised by re
fusing an appropriation, and dlsooni inning the wirk. In
Smith's c.'ne the proposal of the plaintiff stood alone; all
others were rejected. Then under the 494th section that
son tract and the estimates were laid before the C :mmoi
Jouncil, and an appropriation was refuHed, Kay lag In
effect, that the Corpo ra ion would not go on with thejvrork
at all Thia waa a principal ground of the decision of
this Court. But tho Chief Joatice observes " It is
very clear that ths Corporation would have no power to
taie the contraot from the person to whom it had bsea
awarded, and give it to another " Ho In n y .udijment they
could nottakeaway am right to the contract, which under
their own laws bad l>een acquired by another. The case
in the Court of Appeals, a* stated in Mr. Selden's note,
goes further than the opinion of the Cnief Justice in the
ttupvior Court. It Is not essential thata contract should
l>? approved and ratified by the Common Council to be
binding. It may be difaffirined, and in effect annulled, by
a refusal to appropriate; but that is all. But it is urged,
snei with force that tho Corporation having given tne
ioul motto an ther. clearly proves that they oould not
bare *iven it to the plsiot'lf. That no appropriation to
carry into effect the oon'.ract with the plaintiff lm bein
race, and the Corporation tt.en 3anaot be responsible to
L'ra. The answer is thir: The act of the Common Coun
oil In giving tbe contract to the defendants was a pltla
violation rf their contract with the platnUfft, male
br iDgh their autliorired agent. Ths en(jagem"nt with
the defendants was void as regard* the plaintiff!, ail la.
ca)al>!eo' ra ideation nndtr the or3ioan?4?; u'terly In
oapalle cf it by their mere authority, independent of
law. The plain riffi bad then a contraot with t 'em prs
sun;]itivel> binding, But they had reserved a povrr of
et ntrol and recession What was i t? A right to rewind,
by refusing nn appri prialion for tint Identical c intra ct,
ah not cens stint with the interest of the city. IIow aan
it be a*nmed that if the Common Coanoll had conoluded
tbat the contract could not be legally g anted to the de
fendants, tbey would l.av* refused it t* the plain
tifftif They deemed it b?n*ficlal to do the work
at t2 ft! a j ai d. I cannot conclude they wonld
have judged it Inexpedient to p>rf<rin it at 93.
They Invited, in the prf,s?nt case, every one to
prt pose for this work, expressly stating the condition!
i. pi n aliich he should have the contraot ovar the com
pel tots who presented them. The plain'iff* di 1 become
entitled down to the Isst act necessary to confirm their
rlgbt. That act was to ba done nndar a resolution of a
injKivi/ory power, ?hleh cn?t;led the Common Council in
tffeet to ennal it They k ust annul it iu the mods, an 1
slngl; in the mode, which ther th?m*elves have fixed
The slightest obtervanoe of the integrity of t*ieir ceil
tracts, snd justice to those whom they have inrited to
deal Willi them, demacd ttls . 8. But, In myj augment,
tbe plaintiff have mistaken their remedy. The cas? ia a
clear < no for dsreages, in an action for that purpose, n >t
for tie Interference by Injuns i< n, much less to order the
Corporation to do ax act which they may release them
selves from di ing by a resolution refusing an appropria
tion. The remedy in dn nages is adequa e and full, an 1
I am very relnc'ant to interfere by such summary pro
run with th? act of u body clotbed with fall jurisdiction,
and whose decision Is i-i the T?ry process of performan s?
by the execution of an important w irk. The case shoald
bean c*trnne ore, and redrssi otherwise impossible or
utter).* Inadequate to wariant It. The cats of Smith va.
The Coi ;?* ration, before rtfencd to, establishes, 1 think,
tl at loch an action may t.e maintained if a Wal right is
made (tit The learned Chief Ja?tie) Jon-s, as referee,
a?Majn?d the action entirely, and theSape;i?r Oonfthu
rot In ai y way dstertnli.ed otherwise. WliO'.har tho
>e 1 ef hy damtpei rcn be gtren or not under thii casi
p'a(r.t is s nnostko not n?? aristnr Th* 'n:nnit!on is
< ? aled, wi't'ont eoata, of the naoU-zu ot eri*t to ait^w
caxsf \tf either pat if.
United StetM Circuit OomrU
Before Bom Judge Bitte.
DM 12 ?The Court announced that the order of Ow
ness would be first to diepose of Jury oatoi, than WaW
mdwi would b? heard, end mxt the ! Jjf
woo Id be titoi ap. He, Jafif BetU,
ocutlnu* In the circuit fMibe term, aid he Intended to
? it at IX o'otoak ?tor/ monpf, and riae at three, uniaej
it beaame ntoaeaery to alt Jaeger. This he was oompelMa
to do, la ooaeequenoe of other buaiaeea that required Wa
atten ion In chambers. The Diatrlot Court would bo m
ittiiuD at the (am* time before Jadge Hall.
Tbe grand jurr here earns In'o oourt, and rendered true
bill in the folio wing ease#:?' The United 8 'a tea va. Was.
Tbomperca, for larceny: tbe came vs. Jaaiea C. Urban aMaa
Peter Mauly, for aasauit with a dangerous weapon, by at
tempting to tboot Christian Van I>yeto on board tbe
American abip Marathon, while lying in the port of Hava
na and the United Statea Ta Edmund McGow. for Ureeay.
Cu". e of Rktoli. ? Martlc Mine waa Indicted for em.
deavoriiig to make a revolt, and cinfinlng the marar
bond tbe schooner Isabella Mr. funning ktated tha
care for the profecation. and thai called his ftrat witoaafc
Davi* <epo?*d? I waa matter of the ioaooMr
Iaabella on her la?F voyage from New York toGonaly*;
left thin pott on 2lat September ; Mine ww mata;
gave him atrlct ordera, one night in November to keep
last and to call him if anyth-ng <?
before 4 o'clock witness got up and toundMlneat tt.hrta:
looked at the oompaa", and instead of b^ag ???^aai
told him It waa southeast by east: 1 asked Jilm why hel*
tbeveaeel drift; he aaawered, with a
get yourself Into a puncheon, for a barrel will how yi,
seeing I had no time to lose, I ordered him < to go forww#
and call all banls and aet tha llylng J lb. I took th.r
from Mine, and be went forward, grumbling very n
one of the orew, James Burns, thea took the helm,
caine aft, aad went Into the oabla and aat down; 1 oroee
e< him to go forward and pat the vessel about; ne asa
swered me? "Ia there not men enough.oa deck, orao yo?
want me to aet pilot?" he came towards ne, i targereo,
and made threats; aa I undaratood, he said he would haw
my heart's blood; he again went Into the cabin, and 1
told him to go on deok; he refuaed, and I ordered nisa
to go forward and haul down the flying jib; he said ha
was tired, that bia lege were swelled; I told Maa
If he was tired that he could oome on deck aad ait dow*
and aee the flying jib take* In; he refused, and wort?
not come on deck: 1 aaked him why he did not obey ay
ordera; he made some r mark like ''You be d? d;' I
told him if he iid not come I would hars hlra hauM
out; he refnaed three or four times; I a tarted t ) CO dew*
into the cabin, when Mine jumped up and grabbed ma bjr
tbe throat; I endeavored to get npon the deek he p J
irg me by the throat aad the hair of the hiad; ha
backed me against the taffrall; I called for assistance: hm
struck me with hi* fist, and I fell senseless on the de*
on the back of my head; up to this time I waa trying Jm
get awatfrom hUn. but he wa. too toavy for
crew ca?e and took him from me, but not until I wm
pretty^ere ; the vessel was in disorder,. no man at
helm, and I waa afraid she would ga
the men to the sails, and I was left alone, I heard IBM
behind me, and he sald-"Whet business have you m
wart?" he gave me another blow, knocked me dow^
?d jumped on me; I waa Insensible, and laaly
the ateward came and lifted me up;
to I -old the men I mast have the mate aa
cured for I waa afraid of my life; tbey would sat
asalatme, and while I was talking to them he hmi|
me the third tune, struck me, knock ed ma down, aai
jumped on me again; one of the men took a m*m
spike out of hln hand, aa he was going to ?trikaajjl
made a complaint against him to the Conaul at Qoaaiwaj
he waa arreacert, ana-I did not see him again until I a*W
him in New York. ? .. ^
Mr Doheny croas examined the witneaB. wUh a vt?w ?l
show that he waa influenced in theproaecutlon by ma?e g.
and a< a aet off agalnat a salt lnatituted by the prtoQMK
against him in the Marine Court. Tbs witneaa ?worehe
did not get a aummona, or any latlmation that Mine *M
going to aue him before he made this oomplaiut to
District Attorney.
Mr Dunning? Did you make tMs oomplaint in MM
quence of Mine's proceedings against you? A. No, atr.
The jury ftnnd th? prlioaw guilty. ?tonten?e atfiUH.
AB8APLT WTTH A DANGEROUS WEAPON.
James C. Drben, allaa l'eter Manly, was than indieto?
for an assault wl h a dangercua weapon on Ohriatlan Ta^
dycke, matecf the Amerioaa ship Marathon, aad pMal
guilty. Sentence defe; r?d.
iiwitdutk akd pRtrrAi. AapAtn.T 0!? tor nrr.H aaaa,
In, 13 ? WilUam Dixon and Jamea tiaodwin, two otoa
orew of the Amerioan ahip Franoe, were indicted far m
dangeroua aapault on Na'-haniel C CI irk, second mato ei
that ahip, on the 2Cth of June last, whila_ lying at aaofeV
in tbe roadstead of Qirgenti, in the i?land of _Stol i y.
Nathaniel C. Cla k. examined by Mr. Duanlag, a??
cUte United Statee attorney. depoeed-I waa jesondmato
of the ship Franoe on her last voyage from New Wtsa?
to Trieste, and from Trieste to Glrgentl and 1 1
Jacob Teal was master; Goodwin and Dixon were two m
the otsw; a disturbance occurred on Sunday, the *"tn oc
June last'; the ohier mate, J. P. Knight, hsi four mM to
a beat; they went on shore about nine o'clock, anOr?
turned at four: the rope was made feat by one of the bm*
an Italian, and they all got on deck; the mate aakto
them why they disobeyed his orders; there was a ?*>*
sultation held for a few minutet: Goodwin then cast* ??
to the mate, and they clinched; the mate moved to?.
the captain came up and order *d all tha men fotararoj
Duncan came with bis hand up In an Impudent M* ?
manner, and said, ? you captain, and you allow
the captain again ordered them to gJ iorwam
and make ao more noise; Duncan aaid, lajk
I'll die first;" than the chief mate l?t go; I went w
Go id win and told him to go forward and bebawa btmsw
he Kaid, ' Go away, you son or a b , grl 11 mar? c
vou;'" Duncan had a capstan bar In hli hand at the Uaaa.
and I thought he was golog to give a dangerous blww, ?
walked acroas the deok and took it from him. D}*on tMa
atruck me over \be top of the head with a hauiatMteaa*
cut me two inchea; what lnjuir i? done me I oaag
know; it was cut down to the bone, and .the boae wm
doubt fractures ; my head waa cut open and 1 .was NeaQ.
Ing ; I was atruck in mediately after that with an an em
the Bide of the head by Jamea Goodwin. [The axe, a lor
mlcable weapon produced; witness exhibited a ^aeepejar
n the > ide of hla head, extending from the top of Vbm
head to the chin, which was inflicted with the a*M
Fxamination continued ? It I nocked me dewn, aad tu J
U thought me dead; I loBt my miad for several ?ay?
fter; I wa* not conacioua of what took platt only
wan nut on shore and placed under the doctor i
was aiiain sent on shore at Palermo, and remained a wae?
at the hoepital; Iwaadepiived of the u*e of my jaww;
tbe widest 1 can open thena to thia day la to admit my a??
ger between my teeth; if I try to open my mouth w< W W
hurts my temple there have been Mx pieces of b^tawa
out of my temple since 1 arrived in New York; tke haaft
spite waa about five feet long and alx Inalias In diame**;
It w?s about fifteen or sUteen pounds weight, a?a? tmm
wOBd; Coed win and Dixoa were sent home f rom I aienw
by the Conaul. and taken out of the ship at Steteu lataaa
by the Deputy Marshal; I have followed the water
from my boyhood, and have been aaoffloer aix orsereaa
years;! have been very fortunate, for thills tha am
time 1 was called Into court for trouble. _ .
Tbe witness waa cross exan.ined by Mr. Baritow,
hi* direot teitimony was rot shaken.
The examination of Mr Knight, chief mate, takna le*
fore Commlsaloner Nelson, waa? read, the deneawa
bxiog now absent at aea. The examination explalnaa
the origin of tie iifflcuity between him and the wm,
and corroborated the teatlmony of the sewmd mato aa to
the deapeiate afsanlt on him, and further added t?*
he, the firat mate, was obliged to fire a pistol to taa
forecastle at random; he put the men In Irons ay taa
capUln's directions, after tha assault oa Clark.
The defence was, that the chief mate, who is a
and powerful man was drurk at tba time and aa ^
one of tbe prisoners, and tuat the second mate atratft
Dlxri; wl'n a capstan bar.
The aicond mate was lecalled by Mr. Dunning, aad
nied these allegations. .
C.mnael having summed up, the Judge ohargaa
jury, who rendered a verdiot of guilty. Senteaoe
f erred.
Marine Court.
Before Hon. Judg* McCarthy.
Pre 14 ? Charles IP. Van J lorn against KtmH end
Caroiu ?The plaintiff, u the aefilgaee of one George Bo
gle, tace the defendant* aa the owners and agent* of the
packet ship West Point, for the value of a trunk audita
contents, loft or etoltn from aald vessel. It appeare*
that Hfgle came at a paseenger in the Bhip, and auirat
here on Monday evening, 10th Anguetlast, from Iiverpeelg
that on Tuisdty it rained very hard, on Wedneatev
morning he repaired to the vessel, when he found Ma
trur.k had been taken away. Defendant* deny their
liability, a* common carrier*, and also inalst that Be
gle was guilty of negllgenoe in not taking hi* good* sshiwa
on Monday evening, when the ahip arrived. Jadgmeat tm
plaintiff for $300. and <o*t*.
Before Judge Thompson.
ACTION FOR FALSE IMPRISONMENT.
Due. 18. ? Moore ii. Battger. ? Thin action was brc tight far
malicious prosecution and false im ^rlsoamenl . A na aa
ly the name of Easkell, a witneaj for the plaintiff, testi
fied that on the 24 th of July last, while strolling s i mini
'he ElyMan Field*, at Hobokeu, lie discovered two men la
the woods, apparently in the act of secreting something la
the ground, that after the two men went away he walked
to the place where he saw them, and upon removing ansae
leaves from the ground foand a gold watoh and several
other articles of jewelry, of the valae of leveral hundred
dollars, which he brooRht over to this city; that aaea
meetltg Moore, the pluntiff, he ? ho wed him what ha sal
found and a*, the same time narrated the facts and eh
staLces concectid with the manner In which they hm
into lis possession. Upon consultation between Moon
and Hatkell, it was determined between them to hoM aa
to the goo^a and await tbe, appearanoe of aa ad vet tine
mont of tbe loiaof tbe property by its owner. A few
after I his occu) tence the defendant advertised the loaaeC
thU jewelry, whereupon Moore and Haskell went leuae
diately with the property of R j'tger, and deiiverel tlM
itamo into his custody. Upon this state of fao'a the de
fendant, R'dfger. went before a polioe magistrate a ad
entered a compliint agalimt, Moore and IHskell for steal
leg tbe property, upon which they were both looked up fa*
two da;*, when, r.o one'appearlng to proseeute them, they
were finally di 'charged. No attempt wa? made to die
credit tbe cliaraeter of either Mr. ore or Haakelt. Upoa
these facts the jury rendered a verdiot for plain iifl fat
92C0.
The Broadway Railroad.
TO TUB EDITOR Of Tim II E BALD.
Nmv York Deo 13, 1868
Your article, headed "Broadway Railroad," in the
ITkr.mji of tbls morning, indicates that you feel lenaltlvetjr
the pulse ?i the people or thli great metropolis. A faat
which is not generally known may, un'.er existing cfcr
cumMance*. be of interest for yeu and the people to na
derstscd. The boaated plan of* the stockholder* ef the
Manhattanvllle railroad (being the same individual* aa
the grante< s of the Broadway railroad) is, that they have
one thousand men engaged, who are reacy at a mo meat's
warning, with picks In hand, to ferea^ up the whole of tha
Pavement in Broadway, from the Battery a* far oat aa
ifty-i inth ntreet In a nirgle twenty-four hour*. It le
, understood they do not evert intend to regard an injaae
tion, in care one is granted by the court, aa th? lojuae
tien. tliey think, cannot reach the laborers.
Tble iethe plan of cp*ratlon, revealed t? a olttaen by
their engineer, and to take place about the last or thai
present month. They intend to Ulilot a' mnoh dtmaga
and inconvenience upon the rity as they can. ev^a tbourh
tlie next Ooramom Oounoll should (which they certalo^f
will) repeal sucl* permission tbe fiist act thy do.
A oUSjURioBR.
A mu >ii *he name of Tsaao Ferp-usnn wan found la ttie
highway In the to we m bat, fruteeia tweau, oa tha
I tit., tg *??h.