The Express.
London, England, 1852-06-14 00:00:00

MORE MUSICAL QUARRELS.-MISS CATHERINE

HAY S.

throat. sica.Peascsuem ma JAW 1"4101111.
HMI Id C. Bat La.
The public is aware that Miss Catherine Hayes hu been
on a professional visit to the Caked States, and the papers
had announced that she had made a most successful debut
before the New York audiences. It appears that her visit
to America was made under an agreement between her and
Mr. Beale, the eminent music publisher of Regent-street.
Differences have arisen out of the success of the young

lady. These led to legal proceeding*, and thee.; hare pro-
duced the proceedings in Chancery which first came before
the public this day. In comequenee of an alleged breach of
agreement byMissliayes, Mr. Beale hat lately instituted pro-
ceedings in the Court of the Lord Mayor of London spinet
Miss Hayes, and the public oMcer of the Union Bank, and
bad attached sums which he had paid to the account of Mir
Hayes with that Bank to the amount of 1,6001. Miss Hayes
thereupon tiled her bill against Mr. Beale and the public
officer of the Union Bank, and also against Mr. Wardwell
the Opera manager at New York, and a Mr. Arithooy:
both out of the jurisdiction of the court, to restrain Mr.
Beale from proceeding with his action in the Lord Mayor's

Court.
The following is the substance of Miss Hayes narrative
of the transactions out of which the present question arose.
Mr. Beale had been, in the earlier part of the career of Miss
Hayes, her patron. He had been instrumental in intro-
ducts* her to public notice, sod op to November, 18.11, she
placed great confidence in him. Hit. Ilayr. was under
engagement to not for Mr. Beale an to the month of April.
lbil. Before that engagement terminated, Mr. Wardwell,
of New York, offered to give Miss Hayes 1,00111. • month to
sing in the United Suites, by • letter which Mir Hayes
showed to Mr. Beak, who advised her to decline the offer
Mr. Beale then entered into an Wirt (Tana in writing wi- h
Mir Hayes. dated the 30th of April, 1841, by which Mr.
Beale . tonged Vise Hayes to sing in America end Ireland
in certain operas and at concerts for five months, at the
sea of 3.2501. by monthly instalment, and one-sixth of any
polite that might arise from the engagement to Mr. Beale.
lie also curet to pay the thug expenses of Mir
Hayes, her mother, and an attendant, and appropriste
dresses. The agreement concluded with • proviso ring the
liquidated damaoes Cu, breech of the agreement at 3,0001.
By en agre. mint is writing dated the 25th of June, 18.51,
and mode between Mr Beale of the one pert, and by Mr.
Wardwell by Mr. numb his attorney on the other part,
Mr. Beale agreed toprovide for Mr. Wardwell the seclusive
enviers .4 Mir Ilan* anti others to sing_ead play at four
serene .w senoras each week at New York or elsewhere
fa the Visite.' States for %tore? mouth, from September, in
egordembon of Mr. Werdwell's paying to Mr. Beale the
gam of 2.201. per month luring the engagomeat for the
sante* of !less Hayes ; also the travelling experen of
herself and mother and atterateat ; the agreement also coo-
Wined a wansfir of the referee of Mr. Brien and ether
sinters at opt rifted amounts ; the agreement ales salleised
a clause listing the liquidated damages of • lone of the
agreement by tither party at 4.0001. Mies Hayes
that the terms or this last agreement were not knew=
until November, 1841. Mies Mayes sad the other
engaged, nod her mother, and Mr. John Joy, mailer
Liverp..l, and animal is New York is Arrest, IBM; 04
the first ps rtormanee by Mir Hayes ender her agroesest
with Mr. Beale took place in the first week in fielearthmk
1851, at New lord. Mr. Joy was the ape* of XL
Beale in America. and Mir Hayes performed wine
hie die. e- on for six weeks, but she alleged that the
tendert or Mr. Joy became so unready and sorriest,
that M.o. Gaye. was unable to continue to associate with
Ina or to sing under his directioo, and that in lensOpriller
of her I rot unable to performs her agreement with Mr.
Blair wit-eat Widow co . mouration with Mr. Joy, she
propreed to break her contract with Mr. Beale. and to pay
hint th suns id 3,000/., the penalty provided for by the
essatraet• and she had. since the 14th of Novemher' 18.51,
le forol to pertorm her part of the contract with Mr. Besle
bet that up to the* time she was ignorant of the fact the;
Mr. Wardwell was to pay Mr. Beale 1,8001. fur her ser-
vices, besides travelling 'spares, but she had dace
been informed by Mr. Wardwell, and had MIS the
agreement so entered into. Miss Haves by bill
therefore charged that the contract with Ma Beale
was obtained by fraud end mierepreemtatioe, and
ought not to be held hinting upon her. The bill
also stated that after the plaintiff had declined any
longer to sing under the agmemeat, Mr. Wardwell had
assigned his benefit in the contract with Mr. Beale to
a Mr. Anthony, who had commenced proceedings against
Mr. Be .1e in the courts of New York, under the penalty
clause, avid had also leaned process against, Miss Hayes,
whereby he attached in her hands any monies due frost her
to Mr. Be de. Sr. also stated that according to the laws of
New York, she was liable to pay to Illr. Anthooy each
balance as clothe be due from her to Mr. Beale ander the
age veto' of the •:10-h of April, and fist she had been
restrained from paying such balance to Mr. Beale. Mims
Hayes Ulan stated by her bill that in December, 1861, Mr.
Beale co unienced proceedings against her in the Banns'
Court of New York, for the purpose of recovering from her
the peua.ty of 3,0001. etioulated is the contract, and that
Mr. Beale had also corerneceed proceeding* in the Lord
Mayor's Court, in Londn, for the purpose of attaching a
sun of 3,0001 nehmiging to Miss Hayes is the Union Beak,
upon ea allegation that she was indebted to him in that
ihalutial, under the contract. Under these circumstances
Mir H .y. • by her bill prayed that the agreement of April,
1861, might he declared void, cm the ground of fraud mad
miarepersentatino, and that an iniunetion might be granted
to restrain the Union Bank from paying the defendant, Mr.
Beale, any part of the money belonging to her in their pm-
meroo, and to restrain Mr. Beale from matisning his pro-
feedings in the Lord Mayor's Court, es presenting the
action commenced by him in the court of New York against
Miss Hayee.
The !Jae now came on for hewing upon a mod= for an
injunction to restrain Mr. Beale from proceeding with the
action in the Lord Mayor's Coen.
The defence upon this nation MS mail by the andavita
of Mr. Birk, of Mr. Joy, who had gem over as Bag-
lead, ead of Mr. Guernsey.
Mr. Beale stated that haring it is sostompiaties to oar
as engagement to certain performers to premed to Aseerits
on a misread tour, he spoke is the 01A of 00410.1860,
to Misa Hayes on the sulijeet of going se Assisi, and re-
quested to .tow what terms she would require. Tat she
consulted her friend. and then stated that she meddle for
6001. a inootli, and also one-sixth part of the reek all
travel ing exvensee of herself end her swam and stesed-
sat to be paid in addieiga, end that igi
was then come to, and executed onthe 18th of =e"
er,
18.50, by which he (Mr. Beale) agreed to Mies Heys
6001. per month for five months to play in A erica and in
Ireland. That Miss Hayes shortly afterwards went to
Italy, and did not return till March, 1851. /Ir. Bade then
'stewed into similar engagements with other singers, and
incurred very great expense by employing agents in vari-
ous pares of England and in America to publish articles in
the Indian joarnala praising the singing and acing of
Mir Mgr, and to take every opportunity of sounniog bar
=;son that after the; month of March, 1661, Mr.
r eceived numerous applications from person in
America to engage Mir Hayes, and amongst others from
Mr. Wellington Guernsey, se the agent of Mr. Jeba Ward-
well, and who snarl that he had applied persooally to
Miss Catherine Hayes, hut had been informed by
her that she was engaged to sing for Mr. Beale,
end had cowquently refereed. Mr. Boar deuied
that he had ever beet. convoked by Miss Hayes relative to
the letter from Mr. Wardwell, or that be advs bar sot
to enter into such an r imagement. Mr. Beale she *OM
that shortly after Miss Hayes's return from Italy, ad as
emu as she di/revered that owes to Mr. Benet
and the large eapesilitere he had made, her mvissearia
gmany innerd. she became dimatialled ve-M this *ewe
moat of Nov. 1860, sad greed Mr. Boob ea est bor mew
than tbe 600 s. a mash, and thorespes Mr. Bails seed be
had pea reed to give her all she anted, sal MM the ores
lades weeld be very heavy. Mr. Boolselea seldihst whew
Mr Ossreney, ea the agent of Ms. Wardwell. plebpsed Is
Hae ham 1,0107. per month, the disathAllieet of Mho
ys with him name still greater, ens ha at MVO
agreed to cancel the list agreement he boil Nand
We with her, and mother was SaNSltiesdhe
while Mr. Beale van to ed give bee
month Sneed of 5021. Mr. Book denied that Is =
ever cosarelvd the shageoesest with Mr. Wardwell,
whisk he said was all keens as be,, awl he alibi OM I
Weedwell had 4strayod um moils elgellPeS. Ms kt. IC
set Eaei • louts which ha hod tessfeil Om MSC
Rays, written by her fees New York, store then two
menthe after her arrival la that eity, whisk Sewed that
Se was quite satisfied with Mr. J. TIM later wee ea
follows . —" Clereoclon-house, New York, Sad Notreeelme.
1861.—My dear Mr. Beale,—At lan I NE lois rep wir
pen to write to you to thank you for your two bled leteme.
which I need hardly say gave se vary geset gieseses.
Bine* my arrival in this mighty conatry I liami Meg kept
busy one way or other, so mad so that I Aar A Eft
friends 00 the other .id; of the Atlantis will thialt I has
forgotten this, which is an the ease, want of tiano=,
bas (=MINIM my silt/toe. You have already
from the doctor the good news of my someok
I can without vanity tell yes that ay dab* hr; bees
great—ell you valid has Sabot we bead fee yes the
Wen of Hall, it wooed hoes dose por host geed} (es
is my in ould Ireland) to hew hood ths sults* el
that nenved me. It wee. bilesii, aworposslss %
aiiit
lerZiof this; yea boor seat bent ona Wilda. SS
lact wan yes with earldoms I woo Ille
hoar by your reared letter OM ism Mrs. Blab des
oreted from bee Istires stash. I Moat yea say all say
the blessings of heath. We have ass SAW, Bates.
Providence. itarthod, avid SpriegheM, eil most
I bop* with the nen asseme width illiNkiita marsh
ears I have sail to say er Doss Jey thee hob*
siOsg in hie suntan or se sad to =lda of
sod I *Sete all the party have but sas
dilladaus awl reaped for Me may pd 11111