New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-11-23
JENNY LIND AT COURT.
Attncl,ment ngainse Jenny Lind.

NOR IS. GEORGE LooER.
Action to recover a claim assigned to plaintiff,
of $50 balance for services OF Mrs. Teal and Mrs
Phillips, and son of latter all of w illiamsburgh,l
as chorus singers at the Jenny Lind concerts
On the case being brought up on Thursday, plain
tifs' counsel made all affidavit, stating that Made
moisellc Jenny Lind was material witness to
sustain the case of plaintif-that subpoena
was served, but not attended to, and an attach
ment moved for and granted. This morning,
Messrs Cromwell, Sturteyant and Jay, appeared
on behalf of Messrs Barnum and Miss Lind, read
an affidavit, and stated that when the officer went
to the Hotel with subpoena Miss ind was about
getting into her carriage to go to a concert-that
he told her it was letter from Mrs Seguin bus
she suspectng it not to be so, declined receiving
it, and the individual threw it into the carriage
She directed her Secretary to take it up and ii 1t
required an answer to answer it. he took 1t and
in the course of the evening found it to be sub
pona, and subsequently advised her, as informed
by her counsel that it had been served irregular
", and she need not attend to it
Motion was made by her counsel, upon this state
of facts, that the attachment be discharged, which
was granted and it was understood that Miss
Lind was ready to attend subpoena and the case
was adiourned for an hour or two.
About IL o'clock, Judge Cowles having adj
ourned the hearing to the office OF the Clerk of the
Board of Assistant Aldermen, being more fitting
place than the basement in which the Court is
held, to hold it, the trial proceeded and Miss
Lind. attended by Mr.. Benedict Mr. Jay and 9TH
ers, appcarcd--the office almost Immediately be
ing thronged BY spectators Miss L. was handed
tl,r I,,Ify Of Mr.
A. Dyott appeared, in connection with Messrs
Evans and Aluock for plaintiff, and Messrs. h. d.
Holmes and John 7. Brady for defense.
Mr. Dvott, on opening, dscainled having brought
Miss Lind out of mere idle curiosity but as con
sidering her an important witness. He said that
Mr.. Condor, as agent for Mr.. Loder, engaged Mrs.
Teal. and Mrs and Master Phillips, to sing in
chorus at Miss L IS concerts, and to pay them each
s. per night, to be engaged as long as the con
certs lasted; that they sang at two concerts, ana
presented themselves for rehearsal at the third,
but were refused-on Mrs. 7. applying Tor remu-
neration Mr.. c. paid them SIS, and refused to pay
any more Hence the present suit
Several questions were asked Miss Lind by
Mr.. Dyott but all she knew was that at two OF
the concerts there were English chorusses and at
a third German chorusses-t thought the chorusses
performed well--did not know who engaged them
or who was to pay them-that being altogether
the business of Mr.. Barnum.
The counsel for plaintiff here rested Mr..
Holmes, for defense, said he had no questions to
ask-he would not insult the lady much as to
detain her.
Miss L. then rose bowed to the Judge, counsel
and others and retired accompanied by her friends,
| tl, aoIc self off iapU
balance of the case (Which is still proceeding) to
be heard by the Judge counsel, witnesses, and
some half dozen spectators
Alter Mademoiselle Lind had retired, the tes-
timony was continued. Objection made to
the validity of the assignment, the ground that
Mrs Tealo and Mrs. Phillips married women
and could not assign. 1t was shown that Mrs.
Philips has not lived for long time with her hus-
band, there having been divorce. The obec-
tons were overruled.
Mrs 1eaie testified to having called on Mr.. Con-
don, and he engaged them and George Phillips to
sing in the choruses at all the Concerts which
might require them, to pay them each So per
night-that they sang two nights, but were not
called upon the third night, although they held
themselves in readiness to attend, as they had
been directed by Mr.. c. to do. Mrs Phillips cor
rObOrAtcd the testimony, and george also III
measure confirmed IT,
Sienor Benedicttestled TO Mr. Loder being the
director presiding at the pianoorte, at the re-
/ hearsal, &c. witness himself is the general mu-
sic director person directing the performance
can detect an imperfect singer IN chorus quicker
than any person singing IN it.
Randall NJ. Condor testified to having been au-
! thorized by Mr.. L0der to engage chorus singers
Mrs P and Mrs. T. called on him Mrs gave
him a reference to Mr.. Locke is sure latter is
not musician or he would not have recommend
ed her; they wished an engagement to sing in
the choruses and engaged them for the
first at s. each Mrs. P asked if did not
want an alto singer, and mentioned her son,
"a lad about Is, whom, she said, she wished to
have accompany her 30 as to see her home
told her she might bring him, and | supposed
his having the privilege OF admission would be
sufficient remuneration for her singing. My alto
singers had been all engaged, and did not want
any more She said she would be delighted to
come on those terms Mr.. Loder, on hearing them
sing, found fault with my engaging them, on ac-
count of their inc!ficiency. | asked him to let
them sing that night, as they said they were poor
and had engaged them, which he assented to
placed myself in a chair beside Mrs. Phillips,
ard found that she was Inefficient not catching
her points or time. Mrs I. afterward said she
wss near.sighted, and could not see the book.I
Subsequently paid them, by Mr.. Loders per-
mission, 49, to be divided between the two.
told them / would notify them if | wanted them
again Notified, for the second night, all but them
and one gentleman, whom [ deemed inefficient.
They the second night said they haa s scem
the same programme advertised and thought I4eg
might be wanted They asked to be Permi tea
to take part in the choruses to5d a sne tbat
might take part but be and Ts% did mot nos
they would not get anything l0r it f a!d after
, Tad an society 3ae % s &c ho59. ia
dau aug did not think doa %aI sa to cut
society Of amateur 1o ssss@s singers
out the sem witness SAID that M 10 ,s