The Express.
London, England, 1852-05-08 00:00:00

MADLLE. WAGNER AND THE OPERA-

HOUSES.

LVIILItT V. WAI3,IISI:

131/0111 VICIT.CMMICIALLOU 8111 JAMS* P

YINSTIIRDAY.

- -
It will be remembered that a report appetred in
the &press oa the ultimo, of an application reads
by Mr. Bacon and Mr. fillip Clarke, for an injunction to
restrain Madlle. Jamas Wagner and Herr Albert Wagner
from violating as ariesenent with the plaintiff, and from
singing at the Royal Italian Opera-how, Covent-garden,
and to restrain Mr. Frederick Oye from allowing ?deride.
Wegner from singing at the Opera-house, Covent-garden;
and that the application was made ex parts sad upon the
affidavits filed by arida% behalf of the plaintiff, Mr. Lumley.
Mr. Malin and Mr. Martindale appeared on that oc-
casion on behalf of all the defendants, but with-
out having had any previous opportunity of answ,r-
ing the plaintiffs &Admits. Under these eircumst.usees,
the Vice.Chancelkw granted an injunction, by which
the defendants were restrainid from violating or committing
any blench of the Last article of an agreement entered into
with the plaintiff in the month of November lase, that the
di foulest Johanna Wagner might be restrained, in pur
nuance of that agreement, from performing at the Opera-
fri.uw, Covent.garden, or at any other theatre, without the
p•nuimion of the plaintiff ; that Albert Warn, r might in
lake M6lllllll be restrained from permitting or sanctioning
Johanna Wagner from singing and performing as afore-
said ; and that the defendant, Frederick (lye, might be
restrained from accepting the professional services of the
defendant, Johanna Wagner, at that or any other theatre,
during the period of her engagement with the plaintiff
without the plsintirs permission. The Viee•Chaneallor
gave the defendants Wave to give short notice of motion
to dissolve the injunction.

The effect of the injunction was to prevent Mille. Wag-
ner from making her debut in the character of Fides, in the
opera of " Le l'rophete," at the Royal Italian Opera-house,
Covent-,tarden, on Saturday, the 24th of April, and subse-
quently, to the great disappointment of the musical world.
The defendants have (ruin time to time announced their
intention to apply to the court to dissolve the injunction;
the aiplication WAS, however, postponed until this day.
Mr. Ilethell
.with whom were Mr. Matins and Mr. Mar-
tindale' now applied to the court to dimolse the injunction.
lie said be appeared in this cue for the defendants—Herr
Wagner, Madlle. Johanna Wagner, and Mr. Freilk.
Gys—
and he moved for the din.Aution of the injunction which
hail bean granted by this court. Ile might say, with great
sincerity, that it was long since he had been engaged in a
rause to to which he felt greater anxiety, Ile felt certain that
the court would participate in this feeling. The question
la this case was as to the line of conduct which this young
lady was bound to adopt. It was unfortunate that she
bad already been the victim of much misrepresentation.
ithe us. at present suffering from the effect of these Blicrt-
pra•sentat was, which had tended to excite an opinion on the
part of the public to her injury. Ile hoped, to be able
to show to the court that it had been induced to grant the
injunction on matemeats entirely incorrect, and which, on
the explanation he could give them, having re-
gard to the conduct of the parties, the court
would say that the contract did not warrant
the extraordinary interposition of the court by injunction.
Hr would neat insist that the contract on which the in-
junction had been obtained had been procured from the
dett odiatts, by misrepresentation, and be should proceed to
slake it appear that the charges in the bill and the affida-
vits on which the injunction had beta granted contained
erroneous and unfair statements of the matters which had
in tact ors urred, and that they suppressed other facts and
circumstances which it was necessary should be brought
under the consideration of the court. Under these dream-
Menem, it would be the duty of the court to discharge the
injunction. Ha would now proceed to state the nature of
the ilefendanta' ease to the court. It was said that Malls.
Wagner had entered into the present contract with Mr.
Lumley in ISA, and that by her authorised. agent, Dr.
Eicher, she had consented to the addition of a provision to
that contract, to the effect that she should not be at liberty
to sing or perform at any place other than Her Majesty s
Theatre without the consent of the plaintiff. The
court knew by the law on the subject, that but
for the existence of that negative stipulation, this
court could not interfere. The ogee of the plain-
tiff rested wholly on the fact that Mdlle. Wagner had
intentional)y and voluntarily, and with a perfect know-
of all the circumstances, adored into a contract
vehicle this court would enforce. The Wesson so far from
autbotioing Dr. Scher to enter into this assative garde-
hos en their part, had positively dnolined to give assent to
his doing so. Arno Dr. Dacha. had signed flee ellythathes
he imenglet it bank to the Warren They sensenreen,
on he quieted their remonstaswees bywymakierfastra
that he would undertake that en their be
he lIPOOId induce Laseloy to sewilly the entrust is this
pulling, so that Mae. Wagon should eel be bend by
the, slipalatiss, and that be would be anewsuable for any
of this thatreet that the young bay alight re-
g▪
ain. It that Dr. Bean was the spat of the
• be sailed Dr. Dasher is his letters his
=tor friend, ;ad it was shoe that be was actually
empleyed by the pain! or ensue escrows, and that,
theadare, the Wooers wee *nod in giving credit to
Dr. Backer's stesemsersi and tado was the muse why they
did not reasenththe by Mar to the plsiatiff. Mr. Batheu
acquitted Dr. awns of soy improper motive in these pro-
ceedings ; but be had moth an engagement which he had
not the power to promo be be pertained. The result was
that Maas. Wiwi bad biome the Tithes of such mis
coommtien of the pewees wed is De. limber to modify
the nein eembes• This/esti ems of the thief grounds
on whisk be should an fer the dbesinn *ilia injunction.
The debadests were in a sitstatioa to prove that Herr Weg-
ner and Mae. Wagner, over and over again, remonstrated
an the snlest of this additional sostract with Dr. Dasher.
The Wasson had me hales* to Winging Sinned this
MB Wren the Vett Minbil we with the
court en the was teetinsmy of the
father sod dempbter n to the Mesonnestin between
them and Dr. Dean It wield be bun that
Kadin Wows Mine hem veneeettemose
pint the WOO= whisk Dr. Haar sped,
=be essuremen
tepee his ibismont,
those esempumen WPC is the turner
theme swine* limpets at spin is Imerlits. an that
els nun met amen spy_lilimmill within some sash
essimpensed. The definen Would show this thlt wee a
nbeneessaletin. and that sub a stindellim was met
nemem Ynippenemb with snobs of the din enionet.
Be amid that II -sprawl est Radii,. wiper nand to
this puselaise, nmerennes at aranossa whith, If not
fan nee of
se the bet. The ant pen ins that
theisputa the sus of Ma by the *Wilk lassky,
to IWmner was a condition peneislits ail atm
betel lovable by liek of March. At theceamem
We/pm *pond of payment, of this
woo ineemlei le • dote within which it was she pre%
woe bead that the moan shield be paid balm the Sd
of Aga. The maw woe met veld en the ley, sod ft
mos met Shea seedy tele eel& en be believed net,
beta to the Intiot fro • Mt. mad so altay64
at the date. The of this seuesd the
Wagon le thin OM thslr entrest with NIL
sta. 4.11. 011110111111. esersisi the Mean entst.
enserskri their delsominelsu le tad the eseran. Mr,
11111.180 obis wise this serumest rend eel • Wens.
dens of the Fume snack then Wow% leer, and
ups sniseint by De. Psalm that be lied the,...,
=en me seedy le pay it. It wee nay
Be. Dana bed the mean at A awl I wee de-
ad net he Ahead Ia polite man; en Om the id of
And be wee mak • piles to pp Ohs momer. It was
hen the 21=Mir her gist anin in tbie E
&sin be Ole othet—wit a thry
minima Ow • in Mr list visit te those
en
net ifinnsin should be tans MAN im a re.
Mieraeserle lute Line Ye &wen wit ree.
Treats was the In Wig renal: fpubmireAmeser.
nory trlto auk them embanniess bed embine-
ate father's Misr, with the den of this
cm&itt nos.ati a wend et albeit of
p The weeds of the MbWe Inn as the
Mbed Inneleil then, inn wry ellnein—w Tin
hi sag te le waked M bee ." The wens
oms were "Amend pit slosiap mu derdt's
M• The true mosaalai of the pawn was manly,
aid
maw&
ILOiliagamakens el asafq."
Mw, the dist IMO did met en=
thle seemby net minetlea mid ressplinisty sedan
thy Anne la heels" sewn dad m le paten
The any esnemesiliem net an snide method le this
=mined la She omen of the entry an the es.
he peenien awn she umbel Time obsenetion
bod ben minas& to emein the meneel malty but the
mewed mused amidesid the sun wan
nine Sel=te en nil% es thrwb=t of Inns
venous nipped la
hiirremeil neon smentod ihn If by =lbw
ion We angels Si ebb Ind Wise is MD
of blingenent an mw than an of =
me eel Insmaity, the bees of the oseiniet net velvet
wend met be enema hem. The *kW said the Dr.
BMW was ea Winn hind of his and of the Weimen,
the be Newman Mss, Dr. Imam Weak the ems
race, Alan by Mole. Irwin and bee holm to the
~11 On She onlnet dit est INA& the negative er
that Dr. baba inemed the
=that the Wagons bed easned te the nese, sad
be& llw
nereilin nhyte mid the not le quoin
the entran The limed ocean; said be would Inn
net ben the Woven bed
tenni lie alp • tenni sew
tin/ no milmn be mew eamphimed smd le
Tow, owl erne maw of De. Pear sod dr
sod no mbeennt ele. ef el the p
be slowed to Inn nit Ike sepeseenins Mtn
*inn wow sot is seneleen with the din but be did
=ma tie ands boss speademem with Innen but be
ea the welt net if the reprembline wen
mei site=te the ben the Woman odd en be sum
The piing Meted *NOD& Dense hell hid him
net the Weimeeshed open te the slindelles is
Dr. Dian slated thole had min lb =ILL
term bed been mini by minim aimed by
Its
issenielemsy the Mei* 194ve men le the
Moms Melia the to
Ms Omit ws•
Mee thd el the egemmest
Ned ben In 'nay= ir=d
mg sbas prodairvy
a MS mei isqletei