The Sun.
London, England, 1854-02-22 00:00:00

THE WAGNER CASE.

COURT OF QUEEN'S BENCH.-FEB. 21.
LUMLEY V. GYE.

The following evidence was given by Mr. Gye, the
lessee of the Italian Opera, in the course of the trial
yesterday :

Mr. Frederick Gye, examined by Mr. Bramwell—l
am the defendant, and first saw Miss Wagner in 1845,
at Dresden, where I heard her sing ; but had no per-
sonal communication with her. I again heard her sing
either at the end of July or beginning of September, at
Hamburg, and entered into communication with her
about an engagement ; but her Berlin engagment was
then an obstacle. The two letters now put into my hand
in the French language were written to me by her father,
a paragraph in one of which requested me to renew my
offers for another season, stating that "perhaps in the
next true English season, when her prospects of success
might be greater, and if he wished to take advantage of
it, it would be necessary for him to apply to her in time,
when she would be happy to enter into an engagement
with him." I went to Berlin at the latter end of the
opera season of 1851, and in presence of Mdile. Wag.
ner's father made proposals to her, offering her 2,0001.
for the whole of the London season. She did not
accept any terms from ine then, but I believe
the most favourable terms that I offered her was that
of 2,0001., and an offer of 1,0001. down. She did not
accept of my offer, owing, I believe, to her Berlin en-
gagement ; but she thanked me, and hoped I would at
some future time renew my offer to her. I then went
to Italy, and on my return in October I again saw her,
and renewed the offer, but she did not accept of it, rea-
soning that she had been offered a permanent engage-
ment at the Court Theatre, Berlin, the nature of which
was valuable, inasmuch as it proposed to secure her a
provision for life in the event of her becoming ill. On
nay return to Berlin, I heard from her that Dr. Bachar
had been with her on the part of Mr. Lumley, and had
made her an offer of an engagement. I then said to
her. " Well, I will probably come to Berlin again."
A correspondence subsequently took place between us,
and in the course of it she wrote to me that she had
been very reluctantly drawn into an engagement with 1
Mr. Lumley, and expressive of her regret ; but stating
that she could not help it. She intimated that at a
future time she would be happy to enter into an engage-
ment with rue. I answered that letter, and said I should
be most happy to come to terms with her. (The letters
were put in and read.) I went subsequently to Berlin,
and saw her; and in a subsequent correspondence I
proposed an engagement, by which she should sing six
or eight nights for me, after her engagement with Mr.
Lumley would have terminated. I never asked her to
break her engagement with Mr. Lumley.
Lord Campbell—Did you know, Mr. Gye, that she
was then under an engagement to Mr. Lumley ?
Mr. Gye—l knew, my lord, that she was then under
an engagement to Mr. Lumley for three months, having
heard so from Mr. Lumley. I subsequently wrote to
her. [The letter was here put in, and exhibited a pas-
sage in which Mr. Gye put the question to Mdlle.
Wagner—" Is it true that you have bound yourself by
a clause in the agreement with Mr. Lumley not to sing
at any other theatre ;" and questioned her was it so ;
and it then went on to say that he (Mr. Gye) would
observe most faithful secrecy, and expressed a readiness
to oblige and serve her at all times.] To that letter she
did not return me any reply ; and I subsequently wrote
to her, asking her to give me one word in reply, and
telling her that the opera of Le Prophete was mine ; that
no one else could play it ; that Mr. Lumley had an-
nounced that her Majesty's Theatre would open on a
given night ; that it did not open, and that it was doubt-
ful whether it would open on the night for which it was
subsequently announced. Not receiving any answer to
the second letter, I proceeded again to Berlin, and saw
Mdlle. Wagner, her father, mother, and several friends
present. My first question to her on entering the apart-
ment was, " Why have you not written to me ?" and her
reply in French, was, "I am free." She then said she
expected a sum of money from London which she had not
received, and that she had deferred answering myletter in
the hope that she would receive it. I then asked her parti-
culars, and she told me that Mr. Lumley had undertaken
to let her have 3001., and he had failed to do so; and she
was therefore free to make an engagement with me. I
said in reply that I was as ready then, as I always had
been, to offer her an engagement, and, in fact, I did
offer her one. That was before I had seen the contract be-
tween her and Mr. Lumley. I offered her 2,000/, and
a month's salary in advance ; and after some conversa-
tion between her, her father, some friends of theirs who
were present, and myself, I took a piece of paper, and
wrote the agreement, engaging her at 2,0001. for . the
season, and binding her not to sing at any other theatre
without my permission, nor at any private party for
money. I also gave her a cheque on Mons. Jaque, and
Co., Hamburg. Hearing that there was a clause in
Mr. Lumley's contract prohibiting Mille. Wagner from
singing at any other theatre pending her engagement
with him, I asked to be allowed to see the contract ; but
Mr. Wagner turned down the agreement in a manner
that prevented me from seeing any part of it, but the
clause which set forth that he had agreed to pay them
3001. by a given day ; and they then told me that he had
failed to perform his contract. They then remarked that
according to the Prussian law he bad broken his contract,
and they asked what it would be according to the English
law. I rejoined, that according to my own experience,
there could be no doubt about it in English law ; and they
then said, " then perhaps you will have no objection to
give us yourguaratite3 against consequences, in the event
of any arising, " and I answered "certainly not." I then
drew up, and gave the:n a guarantee. [rile guarantee
was put in and read.] I left Berlin that night, and
when I was about leaving Mdlle. Wagner asked me
could I Lot sop two or three days longer ; I replied I
could not, that I had done what I had never done be-
fore, that is, to leave the theatre, and that I had already
lost more time than I intended to !ose, by going round
in my trip by Berlin. Conversation arose at the time
about the pecuniary difficulties of Mr. Lumley, and
Mdlle. Wagner said that Madame Sontag and Mdlle.
Taglioni, who were then at Berlin, and playing at the
same theatre, told her that they had not received their
salaries from Mr. Lumley for the last season they had
played at her Majesty's Theatre. She then pressed me
to stay a few days longer, but I declined. In the course
of our conversation, she told me that Mr. Bachar had
spoken to her of the character of the two London Italian
Theatres, and that Mr. Lumley had the press entirely in
favour of his theatre. When I arrived in London, I
advertised Mille. Wagner to appear. On arrival at
Calais, from Hamburg, I telegraphed the advertisement
to London ; and, prior to that time, I had never ordered
an advertisement respecting Mlle. Wagner's appear-
ance. The Wagners soon after arrived in London, and
they then asked me if I would give them the deed of in-
demnity in proper legal form. I I had no objection.
They then asked me if I would recommend an attorney to
them. I deciined, and they subsequently got introduced
by their own friends to Mr. Dale, who drew the indemnity
guarantee, which I read, and having made some slight
alterations in it, I approved of it. [The indemnity was
here put in and read.] After I had signed that in-
demnity I first heard of the Chancery proceedings.
The injunction was moved for on April the 23rd, and,
after that, I left Mdlle. Wagner free to use her own dis-
cretion. I should say that she did not wish to sing at
Mr. Lumley's ; for she was very much annoyed at some
expressions in her letters to Bachar having been exposed.
I had previously, in Auzust or September, entered into
a negotiation with Mr. Lumley for her Majesty's
Theatre; and by the agreement which had been put in
I was to give him 12,0001. a-year rent for it. The ne-
gotiation, however, went off, and Mr. Lumley subse-
quently made an offer of the theatre to me for a less
rent through Viscount Rauelagh. With respect to the
letter which appeared in the Mornng Post, signed
"Albert Wagner," and drawn up in my handwriting, I
beg to explain that it occurred in this way :—A letter
appeared in the Sunday Times reflecting upon Mdlle.
Wagner in relation to Mr. Lumley ; that letter was
copied into the Morning A dvei tiser, and into the Sun,
and Mr. Wagner then furnished me with facts, and I
drew up and read a letter for him in reply, and copies
having been made of them for the morning papers, he
signed them all, with one exception, which I signed.
Cross-examined by Sir F. Thesiger—Witness's nego-
tiations with Lumley ended in the month of Jan., 1852.
There never was a question of closing her Majesty's
Theatre—Lumley stipulated it should be kept open for
Italian reprosentions. Went from London to see the
Wagners at Berlin, because Easter week having arrived,
he had been waiting for a reply, and thought it better
to go himself and see Mademoiselle Wagner, for the
Purpose of ascertaining if she was free. Had heard
rumours about the theatre altogether. Had received no
answer, and thought it better to go and see her. Heard
those rumours constantly. When he saw Mdlle
Wag-
ner.s
Jhaezba? very glad to see him, and said, "I am.
freli.' '
gerba— ,
,1 and his (Mdlle Wagner's sister) were present
lieaedutt6 conversation, and some other persons, but
that
and his datig:st the first time he only saw M. Wagner
mune tuelr and her mother; but afterwards other
persons
lotion on the' sand'' their was a sort ef general conver-
u_
nia+.l..._greieibject he had mentioned. Began to
/.0"1-17; 7aw'Zie ent before he saw Lumley's contract.
ask to see the particularwhale of clause about 3001. Did not
he the stipulations. Did not ask
to see it before
agreement
voe the indemnity. As to any
special lapse of
hatohnel part of Lumley, he
had no information ; he
neral information
respecting the state of Luenle '7 affairs.
sli Understood
from her asking him to wait, thats
wanted to give
mr. Lumley more than reasonable eti
,and that
that his avocations rendered it inapossir• He replied
MlvisassWagner
e for him to re-
main longer absent from London •
must at once accept or refuse his offer,
panied to Berlin and to Hamburgh by his brother:: l°m:
Captain De Bathe did not accompany him.
Belieevwed
he did not meet him on his way home. He is not inte-
rested in Covent-garden) except as a friend of witness.
Witness was the sole manager. Could scarcely say he
is now the sole proprietor. Could say he was so at the
time ho went over to Miss Wagner.
The Attorney-General—Have you used every effort
in your power to induce Miss Wagner to some forward
to be. examined ?
Witness—l have done all I could to induce xi„
Wagner to come forward to be examined as a witness.
I had several interviews with her, and wrote to her
stating how important it was to me that she should
come here to support my testimony, and she would not
...., come forward.
p F. Thesiger—Since the Chancery proceedings,
7111,1.11 . • • applied for any letters to Mdlle. Wagner with
r—#. ii .41, . this action ?
li''-1 .11! I have not.
i: " . ' .esiger—Did your solicitor ?
11
:1 1,.......t
~,,, eas was understood to say he did not know.
—.:111!' , adjourned about half-past six o'clock to ten
("Cf '' - eit3e this mormn
...i.1.L...-- •::-_, -4.
-.VaSM...cfr. N.: