The Express.
London, England, 1861-02-18 00:00:00

LADY iiINGINU TO AN OLD

This was an action to reoover a sum claimed fur services
rendered by the plaintiff's wife to a gentleman named Wood.
burn, whose execnton the defendants were.

Mr. Hawkins, Mr. Prentice, and Mr. Brandt appeared for
the plamtdi ; and Mr. Phinn and Mr. Garth for the de.
Nudists.

Mr. Hawkins, in opening the ama, said that the plaintiff,
Mr. George Keith Fennell, was a clergyman of the church
of England, and curate of Enford, near Marlborough, in
Wiltahire, and the defendants, Mr. Fonl and Mr. Berry, the
executors of Mr. Woodburn, were sued for 80 guineas, for
musical services. rendered by the wife of Mr. Fennell at
Brighton sod in London. The plaintiff's wife was
a lady of great eminence in the musical world her
professional name being Madame Dotti She was living
apart from her husband under an amicable ent, and
she maintained herself and her two daughters by the use-
ciao of her musical talents. Mr. Woodburn was formerly •
picture dealer, end he had entwined • considerable sum.
Early in 1880 be war staving at Gemian.hotne, Brighton,
which was • find-class bearding-house, and whilst there be
SAW Madame Dotti, who was thee giving lessens in singing to
Mr. Turner, the proprietor of the establishment. On one oc-
casion Madame Dotti was dining at the table d'hote, Mr.
Woodhorn being there also, and Mr. Turner invited her to
sing. Mr. Woodburn expressed great admiration of her
singing, and subsequently engaged her to slug to him and
his friends, her terms being ten guineas a night. She sang
on several occasions at Brighton, and afterwards in London,
and not having been paid the present action was brought.
Mr. Thomas Frederick Beale said-1 am a music publisher,
and it is part of my beldame to engage ladies to sing at
parties. I have known Madame Dotti for three years. and
have heard her sing at my own house. She is a aopraeo,
and • very exeelleat one. The remuneration to a Lady like
her fat tinging at private parties would be from 10 to 20
guineas. . .

Croariatarnined—l never made en engagement for her;
but she cisme to me with • view to my engaging bet to go
oo a tour. It is usual to pay the fee the next morning when
a lady is engaged to sing at a private party.
Re-examined—lf the engagement were for • number of
evenings the usual course would be to pay at the expiration
al the time.

Mr. Jobo Thomas Norris—l am member of parliament for
Abingdon. In February. last year, I was staying at (3er-
man•house, Brighton. Mr. Woodburn was there. 1 law
Madame Dotti there for the first time. On two or three
evenings whilst I was there she sang. After I heard her
sing the first time Mr. Woodburn said she would be there
the nest day. I said, "If the lady is here don't put her to
the inconvenience of singing so frequently," for I felt that I
might bare incoavenieoced her by asking her to sing; and
Mr. Woodburn said, "Don't be timid, I stand champagne
and music, and I shall pay her." Champagne was in fact
flowing about. Madame Dotti sang rely well, and she sang
at various times from Bto 11. Mr. 01 oodburn was a yen,
liberal man. He told me that Madame Dotti was the wife
of a clergyman, that she wished to go upon the stage, and
he supposed be must find some money for her.
Crose-einunined-1 cannot tell the precise time when I
first, saw Madame Dotti, but it was about the time of Mr.
Du Cane's motion in the House of Commons. I first met
Mr. Woodburn at German•honse. He was a gentleman be-
tween 80 and 90 years old. I ham no doubt in my mind
that Mr. Woodburn said in so many words, "I will pay
her."

(The will of Mr. Woodburn was put in. it contained •
number of legacies of 1,0001. and 5001. each, and, amongst
others, I,ooof to a professor of music, 5001. to the British
Institution, and SOUL to the Society of Artists in Water
Colours ; mad the personalty was sworn under 30,0001.)
Mr. Edward Tamer, the proprietor of German-house,
said—ln the beginning of last year I was taking
leases. in mining from Madame Dotti, and I paid her •
guinea a lemon if she came to my house and half-a-pines if
I went to hers. In the early 'art of February Madame
Dotti sang in Mr. Woodburn 's presence. He said she was
the best stager he bad ever heard, and asked me what her
terms were for going out. I told him what she had
told me-10 guineas for an evening. After that she came
to my house whilst he was there, and sang. Mr. Wood.
burn said Le would pay all. Afterwards I met Mr.
Woodburn at the Elabloaiere Hotel, and Madame Dotti
and her husband were there. Ido not know whether she
sang, for 1 was not there in the evening. Mr. Woodburn
was a very liberal man. I have hoard that he on one occasioa
took a party on to the continent. and on another occasion he
paid lb. 10s. for a dog for a lady he had casually met.
Mrs. Fennell—My name before I was married was NMI..
Darr. I was chosen by Rossini to sing at the inauguration
of his statue in Italy, and I am a graduate of the College of
St. Cecilia, at Rome, and I have a certificate from the
Academy at Paris. I had au engagement at the opera here
some years ago. I have instructed families of rank in
this country, including those of Lord Cowley end Lord
Sudeley. In the early part of February I saw Mr. Wood-
burn at German-house, and Le asked me if I sang
professionally, and what were my terms. I said
ten guineas at the smallest; and he asked me if
I would sing for him and his friends at German-house,
I east when tasked him what his terms were he Paid he would
give ass more than I asked. He engaged me to go to Ger-
mes-bouse, aad I gang there four nights in February. la
Lemke I received • letter from Mr. Woodbuni to go to
Brightoa to amuse his own party there. I went down at
my owe expose. This was in April. I sang, as before, on
four Mr. Woodburn asked me to go to the
Saigon** and I went and meg there. Mr. Wood-
burn, en that occasion, said I was a lady whom he wished
to do a good deal for, and be offered me 50/. for the our-
pose of setting on foot • oestiert, but I had no intention of
giving a concert, and therefore I refused the money. He
also offered rue money on account, but I saki, "No, you
will pay me all together." He said, " Very well." On other
meanie°s he made statements as to paying me. He
had my poressit taken, that he might present it to
my husband. He wished me to pto see • picture gallery,
but I said I could not lose my time, I had a lesson to give ;
and he said I was not to mitd that, se he would pay me
for every hour I lost.
Crom-mamined—ls August I had heard of Mr. Wood-
burn's death, and I wrote asking for 501. I asked for this
amount without calculating it, for I was afraid of losing
all ; but when I came so calculate I found it was much
more. Accosting to a just calculation there is 105/. due to
me. In Feknery Mr. Woodburn owed me 40 guineas, but
I never saw him from that time until April, nor did I apply
for the mosey, because he said he should see me again.
Nobody elm ever owed me 40 guineas without my applying
for it. I rag at the &Monier. on two occasions.
Re-exsaihred--I can say that I missed frequent opportu-
nities of making mosey by lesions, in consequence of
attending Mr. Woodburn. I should not have gone to
Brighten it Mr. Woodburn= had not asked me to do so. I
have ee many occadoss get 10, 15, and 25 guineas for sing-
in&rotaa evening, an never less than 10 guineas.
Him Raymond--I was staying at German-hoarse early
last ysvand I remember Madame Dotti singing in the
ng iner=tly. I have heard Mr. Woodburn say to me
sail others he provided the music—meaning that be
paid for it.
The Rev. G. E. Fennell—l am the plaintiff. I and sty
wife keep meant. accounts. About the 24th Awn last. I
received • letter from Mr. Woodburn inviting me to dim
with his as the Sahloniere, mid on that oecamios Mr. Wood-
bus said that he had eappd my wife to slag. My wife and