The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-11-23

rhs Court ruled in favor Of tie objection.
return from Boston,
Once
Q.-Thst was not one of the two nrst concerts which
the choruses sung!
Al cannot recollect
Q-Did you hear Lodsr say anything about who en-
ployed him
9uDoyou know who betrayed the expenses of the
Al don't know. I suppose Mr. Barnum.
Mr.. Holmes-Thst is mere supposi.ion on the part
Of the illness fitness; -, ao,s
Mr. Holmes-I shall not insult the witness by asking
her single question shall let her 60 from the gaze
Of the crowd that fills this court pointing to the null
ttude, who stretched forward eagerly to see the vic
ness
with the Judge, and bowed to the COUNSEL and when
she was on the point OF leaving Mr. Dyett addressed
some observations to her which the reporter did not
distinctly hear. but which understood to be that
be was porry have examined her when her evidences
turned out to be Of little Importance in the case
Miss Lind-Then you did very wrong in giviag your
self and me so much trouble for nothing
The great vocalist then left with Captain West and
her countenapce resumed it's wonted chesrfulness
The crowd rushed out after her, and the court was
Mrs Teal was then called, and an objection
raised the right OF the plaintiff Jane Miner, to
at all and after the point being decided favor
of the plaintiff the witness was examined BY Mr..
Dyett and de posed as follows
Twas employ ed by Mr.. Condor to sing at the Jenny
Lind choruses Q.-Whet were the conditions OF tho
agreement! A. had learned that they needed cno-
rus singers for the Lind concerts Mrs Philips and
myself called on Mr.. Condor at his house; We stated
to him business, and he took names and told
Mr. Holmes-I object to what Mr. Condor told this
person, Mr.. Loder not being present.
Ell, ~, h ,atims ~ M pSstt t5st IL Is hs only
way he can get at the testimony.
Witness continued-Mr. Condor asked me about an
alto sin he said he needed Mrs Philips spoke
of her SON and he told her to bring her son but he
was not confident whether Mr.. Loder had the altos
to receive So each per night he did not say for how
many we were engaged, but he raid there would be
Mr. Holmes here said It had been sworn to by Mile
Jenny Lind that thsi but two concerts at which
English choru,es were engaged and that the third
therefore contend that they cannot now hold US to
what Mr. Condor supposed as to the number OF
nights the choruses would be required.
Court overruled the objection.
Witness continued He said these concerts were to
be oratorios and that should be expected to hold
there to be choru.es After the oratorios were
done he un ierstood that some English madrigals
were be got up; he (Condon spoke Of MT Loder as
If he acting Loders agent; Mrs Philips and
sang at two ofthee concerts on Thursday and Friday
had been requested; Mrs. Philips was requested to
bring him to rehearsal after the rehearsal asked DIR
Condor II he heard her SON and he said ne DID and
whether he could pay young George In f1ll tor the
first night but he would for the second; the Mes
sish not performed at either Of these concerts;
there was a third concert. and Mr.. Condor said we
should be notified to be at rehearsal and should hold
in readiness he told to watch the papers,
he thoughtthe rehearsal was to take place wednes
day, but il did not; went there on Friday morning,
and found Mr. Condor was not there Miss Lind ana
hesrssl going on; the Messah' was periormee that
evening
phase he ever has the honor Of being engaged in.
what connection has been proved between Mr.. Con-
don and Mr.. Loder!
The witness was then cross-examined by Mr.. III
am a married woman; my husband is living in Will
iian'sursh; we are residing together d,d not at
performed. know IL must have been performed,
saw It in the public press and know persons who
action; she resides with Mrs Philips; Mrs. Philips
is married voman; her husband T. living. ,
.Q--when have you had any dealings Of moneyed
A II never had any; / never owed her any money,
never had any money dealings with her, nor aeyer
was indebted to her In any way am positively sure
Of that
o--suppose Miss Miner should succeed, would she
A--Yes, .iri have given 1T to her. she gave me
nothing at all for 1t.
last concert you have spoken of the Friday night
Because we did not receive tickets Of admission,
were sro lsft at the door, Mr. Conson told US, We
wanted, he would notify Of the rehearsal and
send tickets of admission for tho night (The re-
ceipts for the payment for the two concerts were
offered in evidence, and admitted
Cbss ID. Evans was next sworn, to prove the assign
Mr. Holmes referred to the Code s9sth aud 39pth
sections In which IT is stated Section egs ssy-No
perfon offered as witness shall De excuae1 oy rea-
son OF Dis interest In the event OF the scon osv says
The last section thai not 70 party 70 the ac-
ton nor TO any person Tor whose I'm nate dement,
pros outeo OF deiended nor 10 any asgnor OF thng
IN action assigned ior the purpose OF making MIN
witness -, ,r. -.
mr holmes 'nen conunueu-mh at was tne ooyeet
VI tuese Isues' IN 'suas tnis oisin Les u see
IL was net done fer the purpose Of purgng these per-
sons IN orosr mat shey may De Ia tue case
~ TINS were anoNeoi man might nave conNersa-
ton with another person in the street, pretend he
naa n.aue pIomlse 70 pay mia eeresin SUN oi
money sstign 70 .niru parry, an, peeome VII
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