The Sun.
London, England, 1852-04-24 00:00:00

Wall's End, Lice,

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fred
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L fu
AW INTELLINcE,
.
COURT, A 123.
VICE-C(BfleAforNeevtLe-LchORRIZ C pr.:
WAGNER,o-r
PARKER.)
. , ,LIMLLEY v. AGEBACON Mr. BACON applied to his Honour this afternoon, on behalf
of Mr. Lumley, the _lessee of Her Majesty's Theatre,
_for an
injunction to restrain Mdlle. Johanna Wagner from violating
or committing any breach of the article
signed between Mr; Lumley and Mtille. Waer, at Berlin.
The Learned Counsel stated, that on the 9th gn
of November
lost of an agreement
last Dr. J. Becher; as the agent of the defendant, Wakner,
and his daughter, who was a singer of
great celebrity, con-
. .
guage, and of which the follotle;yeeo ton en
cluded'an'Agfeement- at Berlin, sritten.
In the bill : ' '' . .
" The undersigned Mr. Benjamin Lumley, possessor of her
in the French tan-
Theatre in London, and the Italian Opera at Paris,
of the one part, and Mademoiselle Joanna Wagner, canta-
trice, of the Court of his elsjesty the Ring of Prussia, with
the consent or her father. M. A. Wagner, residing at Berlin,
thfe.rotrn betahtereist of Mr. Lumley, her'
day
of the other part, have concerted and concluded the follow-
, ing contract :-1. Mademoiselle Joanna w
- agner binds her-
selflaj
et
,otys threei,es,gitli ondmdonn, months
s of
date
of April, 1852
(the time necessary for the journey comprised therein), and
to give the parts following:-1. Romeo (
uguenotsMoeteechi); 2. Fides
(ProphOte) -, 3. Valentine (H) ; 4. Anna (Don
Juan); 5. Alice (Robert le Diable); 6, an opera chosen by
common accord. 2. The first three parts must necessarily be
Ist, Romeo, 2d, Fides, I3d, Valentine; these parts once sung,
then only she will appear if Mr. Lumley desires it
in the three :other operas mentioned aforesaid. 3.
These six parts belong exclusively to
Mademoiselle
Wagner, and any other cantatrice shall not presume to
sing them during the three months of her engagement. If
Mr. Lumley happens to be prevented, by any cause what-
ever, from giving these epees% -he is held, nevertheless, to
pay Mademoiselle' J. Wagner the salary stipulated lower
down for the number of the parts, as if she had sung them.
4. In the case where Dla.de.moiselle Wagner shall be pre-
vented by reason of illness from singing in the course of a
month as often as It has been stipulated, Mr. Lumley is
bonnd to pay the'ialary only for the parts sung. 5. Made-
moiselle Joanna Wagner binds herself to sing twice a week
during the run of the three months. However, if she herself
be hindered from singing twice in any week whatever, she
will have the right to give at- a later period the omitted
representation. 6. If Mademoiselle Wagner, fulfilling the
wishes of the direction, consent to sing more than 'twice a
week in the three months, this last will give to Mademoiselle
Wagner 50/. sterling for each representation extra. 7. Mr.
Lumley engages to pay Mademoiselle Wagner a salary of
4001. sterling per month," and payment will take place in
such manner that she wi'l receive 100/. sterling each week.
8. Mr. Lumley will pay, by letters of exchange, Mademoi-
selle Wagner, at Berlin, the 15th of March, 1852, the sum of
300/. sterling, el: sum which will be deducted from her en-
gagement by his retaining. 1001. each month. 9. In all cases,
except that when a verified illness would place upon her a
hindrance, if Mademoiselle Wagner shall not arrive in Lon-
don in eight days after that whence dates her engagement,
Mr. Lumley will have the right to regard the non-appear-
ance as a rupture of the contract, and will be able to demand
an indemnification. 10. In the case where Mr. Lumley shall
cede his enterprise to another, to have the right to transfer
this contract to his successor, and in that case Mademoi-
selle Wagner has the same obligations and the same rights
towards the last as towards. Mr. Lumley. Berlin. the 9th of
November, 1851. , " -N,ANNA WAGNER,
ALBERT WAGNER."
In November, 1851, Dr. Bacher met the plaintiff in Paris,
when the latter objected to the agreement as not containing
a usual and necessary clause Preventing Mademoiselle
Wagner from exercising her professional abilities in England
without the consent of the plaintiff, whereupon Dr.. Bacher,
as the agent ot tbe defendants, A. Wagner and his daughter,
added an article in writing in the French language, of
which the following is a translation :—" Mademoiselle
Wagner engages herself not to use her talents at any other
theatre, nor in any concert or reunion, public or private,
without the written authorization of Mr. Lumley.—Dr.
Joseph Bacher, for Mademoiselle Joanna Wagner, and
authorized by her." The agreement, together with the
supplemental article to it added at Paris, was signed by Mr.
Lumley at that place, and they were both adopted and ac-
quiesced in by M. Wagner and his daughter. The acquies-
cence of the daughter was shown by a letter from her to Dr.
Bacher, written in the German language, and dated from
Berlin on the 27th of November last ; that of the father was
shown by a letter written by him also to Dr. Bacher, and
which was as follows:

---, , .
46,..1)4ar Friend,—Yon would wait long for a letter from
Joanna. I myself do not knol - whether you, wandering
Jew, are now in Vienna; however, I write at all events to
inform yoEthat, we have Sent Oa necessary letter to Mr.
Lumley, and iequeeted him, pro forma, to defer once more
the fulfilment ot,the contract for a fortnight longer, which-
has been already settled between us. He (Mr. Lumley) an-
swered very politely, and agreed to it; however he would
have wished her to be present-for a longer time at the re-
hearsals of the Prophite, hilt it is impossible, as everywhere
this time Joanna has much:work to do before her journey, and
it is merely a shed time ago that she began studying her
Italian parts, and she requires
_a lOrtnight's rest before un-
dertaking in lendon anetfier_work,which will require all her
energy. I should otheriviie brink her, check mate, to Lon-
don, but that would notclm We, shall try to be there at the
appointed moment; and from Hamburgh, where she will re-
main at her sister's during Passion-week, she will ,probably
_.
leave on Easter Monday. 'Joanna remains for her debut in
the Prophete, being sure Of'kquiet, extreme, and sure suc-
cess. They prefer ;Romeo; because they say she alone makes
Romeo. If she succeeds the people will go to the Prophete
for her sake alone ;. but they .woilld not go for the whole of
Lumley's Prophete, since it icrouch better at Gye's • there is
something for both, but • Tab.! is preferable to ' Fid.' Thai,
however, in which 'everybody agrees, is, that We have made
a very bad bargain as regarde rnoney matters; that clause
pressed by you on us which prohibits us from singing at con-
certs, it is a real lOss, espeCially as we ,are to have neither
apartments nor carriage free,_ which had been granted to
others. England is only to
..be Valued for the sake of her
money. I am curious to hear hovi your speculation is termi-
nating. Xoniappear to bi- the very man for it. 'Farewell t
let us heairrOna you. Receive our best compliments, and if
you wish to hear from us Joanna will tell 'you. A thousand
compliments from yours truly, - - ." A. WAGNitg."
The plaintiff subsequently extended the time stipulated by.
hde foenloloulvhin have
the agreement from the. ISt to the 18th of April, 1852. On
the 9th of last month M. A w
----• ~ agner wrote a letter to the
plaintiff,
was a p
the preparatory re-
hearsals
hearsals of the Prgphete, and leave us to profit by your con-
ggto
sent, and put off for fifteen days the commencement of the
engagement, so that it should begun. the 16th, and continue
Wid oy f
you wbbeicgbdte
until the middle of July?- "If you Send the bill of exchange,
be good enough to Address' it either at this tint's to Berlin, or
frona the 2d of April to Hamburgh, to Engel and Co., Ferdi-
nand-street, where we shall remain some time with our
daughter." •
This letter was signed " Albert Wagner." At the period of
its date Bacher had in ' his hands 4001., belonging to the
plaintiff; apiL.before the plaintiff received the above letter he
had warted:with Becher that,he should pay to Joanna
Wagner the sum of 30JI, stipulated -by the agreement to be
paid to her. .0u the 11th of March
lad the 'plaintiff wrote
to A. Wagner, at Berlin, a reply to his letter of the 9th of
that month, in which ho said that -he 'had paid-the sum of
3001. to BacheLfor Joanna Wagner, and that he had no
doubt that before that letter reached him the-same had been
duly paid over. To this letter the plaintiff received no reply.
On the 10th instant Mr. Lumley, while at Paris, received a
protest, dated the • 6th instant, under the seal of
a.notary
public of Hamburgh, repudiating the agreement of the 9th
of November, 1851, on the ground that he had not fulfilled
the Bth article of it, respecting the payment of the sum of
3001. Upon" this , Mr. Lumley proceeded at once to Ham-
burgh, to endeavour to induce A. Wagner and his daughter
and tendered' to t
to fulfil their agreement, 3O ~I,hem, through -a
notary public, the sum of . in_ two Bank.of England
notes, but they, refused to receive them, and declined to fulfil
their agreement:— _.
" Mr. Benjamin Lumley, director of the Italian .
, Opera,
I '
parii.:-$14.:-As' a true - -Christian actnowledge all my
not one of the least. not to have ied -to
Bill--44."1"1 I was daily on the • rePl
your :itilahleletter. -
things.prevented point of. doing it,
but ithousand different
Ihave not the `me, and I became
mere guilty. day-iv-day.
a judgeinottention to excuse
mYselt? but I expect in yonr 0
yo ;full, indulgence and
ti great
h thanks for your
charity. --At present rexpaeoess t
omit, and-I
amiable intentionconthy
at the same
tithe
that all our
wishes will be accomplished,
ae yours as mine:
moment got -little • thing -to
Besides that, I bare at this
U ence. in your • ulgence that
ask yon, .and I btvp th-6c
land that you willi%d
you will4reply tome tieintn:
More than eight not -takeit your
i revenge in keeping alien
has written to me, dee $•
ag° ' .
wrote to Mr Becher; heed, an daring-his
Me in person that all would e
presence in Berlin assured
sire; nevertheless; I inane the 'al'
ranged according, to my e is Why I ask you one con-
tract with you; sir; thatandto _
I 'ff the beginning of my. more if
con-
you consent that . In
fifteen days, so that it will begin the
tract for Lyndon tar
the Ist; it • would . •--
expire, then,
16th of April instead-of.
Julyinstead
_ of of the .Ist of- that
the 15th of the ,hiriontlt
I m Still too occupied the next
month,,conaidering that
a
two nibaths.by the labours at Berlin, and by the preparations
London, besides that I shall have
for mithalian &kits-at
of repose for my health before
absolute need of some days of
the other hand I •
. • , am of opt-
;my departure for London. ,
eable to you to have fifteen
nion that it'will bevery
preparationa of the opera of the-Prophele,
days more for the For me, I hold absolutely to debit
quite new a your house
there as Fides; thaseeond part will be afterwards Romeo.
It is agreed; is it not/ -WI
.
YU au have the goodness to answer
me definitively to these
demands, and . you will be very
-
agreeable to do it as .Soopossible. n as M. de Bulson, in-
tendant of the Royal. Opera.
~, he . re. ;presses me to give him
again some more representations; us; with reference to a revived
opera, for which occasion
I must arrange my' time to a
minute. Mr. Becher has told me certainly • Yes;
' never-
theless; I .find myself oblige.
elto ask once more yourself.
tc, and my very distin
gui'ehd e
66 Will yoit receive my *spec --
consideration ? ' - ' ;•'-'

" JOANNA WAGNER
" CRntatrice of the Court of h j
i! WAGNER;
the
" Berlin, Feb.'s. - - KtußVis PillEtzdat

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