The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-11-23
Nadenoi ssiie Jenny Lind In the Marine


N0demoi ss,ie Jenny Lind In the Marine
Court.
ATTACHMENT AGAINST HER-rHK CONCERTS AND THE
CHORUS SINGERS.
Yesterday morning there considerable excite
ment among the lawyers and others, about the City
He'll, and particularly in the Marine Court-the fact
having been known that attachment had been
Issued from that Court BY Judge Cowlss assinst Ma
demoisels Jenny Lind for contempt Of Court in hav
ing refused to attend witness, upon subpoena, In
the case Of Jane Miner against George Loder aud
idle curiosity aroused with the expectation Of
seeing her brought into court by an oncer or at all
events, to her appear g witness on the stand
The case, in which she alleged DO have been sub
ponaed o. Q witness, was as foliows:-Gsorgs Loder
was directed to get up chsrss for the Jenny Lind
concerts, and he employed Mr. Condor, musician, to
Philips we're employed. They sang tive nights viz,
the oath and 25th October and received payment
for their services giving the following receipt ,o,o
Received from Mr. CondOn fifteen dollars services
myself and ng. Philips 1t two concerts q JsnPy nd on
But these singers alleging that tn ~ employed
and counselOr to apply to Mr. Condor for the sum Of
thirty dolsre or thereabouts Accordingly Mr. Dyett
addressed letter to Mr. r. Condor. dsma nding that
amount This letter dated the 18th of Novembe
No notice having been taken OF this letter Mr. Dyet
18th November, d,manding the thirty dollars from
him. and adding a. follows =" will be compelled to
include Miss Lind herself in the suit as the concerts
given jointly by her and yourself At any rate,
/ should doubtless find it necessary to make her
witness to prove many important PARTICULAR
In the meantime under legal advice, Mrs Teal aud
Mrs. Philips transferred their ella m to Jane Miner,
and in her name, the 10th OF November: suit was
brought against Loder for the recovery OF the
debt. The object of this was to make Mrs Teal and
Mrs. Philips witnesses in the case The euit was
brought by William aulock, A. r. Dyett, and D.
Evans as attorneys and counsel for plaintiff A sub
pena issued for Mrs Lind as with ss to appear
in court on Wednesday; and Charles d. Evans. stu
Iavt To- thaaa ~
and son also of Mrs. Philips, proceeded to the New
York Hotel on Tuesday evening, and when Miss Lind
going into her carriage, ofe red her sealed letter
which he sal 1 from Mrs seguin. Miss Lind said
she knew Mrs. Seguins andwring, and that the let
upon he threw into the carriage and the carriage
drove away while ne ran after it, holding up paper
in his hand Miss Lnds secretary took the latter up
and opened it, but did not, 1t appears. communicate
the contents to Mss Lind but handed 1t over to Mr.
Bsrnum's lawyer, Mr. Cromwell 1t was the subpoena
Mr. Cromwell advised that Miss Lind should not at
tend the service not legal not being served
sonally and tender Of money not being made, or the
Evans swore an affidavit Of due service and attach
ment was Issued from the court to arrest Miss Lind
for contempt of court On Thursday morning the off,
Ger proceeded to the New York Hotel and stated he
had attachment for the arrest of Mics Lind for con-
tempt of court. Mr.. Benedict sent for Mr. Cromwell
when it arranged that she should attend yester
day morning in court. If necessary.
In the meanwhile Mr. Cromwell prepared afida-
Wit which sworn to by Miss Lind as to her not
being served with the subpoena; that she thought the
sealed letter Of the hundred letters she
ceved daily and referred 10 to her secretary to
and took no further trouble about it; that she
ignorant OF its coneDts that she had no intention Of
committing contempt of Court; and that she knew
nothing OF the case 10 which the subpoena refers.
Afidayits were also prepared and sworn to by Miss
Linds secretary and her servant corrobora'ing her
Aft dayit.
Mr. Cromwell, at the opening Of the Marine Court
yesterday morning, before judges Cowles aud Lynch,
made a motion, founded upon these aff javit. to
dissolve the attachment against Miss Lind and on
concluding the reading, said the person who to
the service the subpoua must look to his pro.
tHrt hp q sfa Was N at
tempt 10 extort money by dragging lady into Court.
Mr.. Dyett who appeared for the plaintiff in the
case, objected to the aldavits being entertained He
said witness could hot be heard till the witness ap
pesred In reference to the assertion of attempt
Council then proceeding to state the facts OF the
case between Jane Milnsr aud George Loder, when
The court interrupted him, and said he could not
go into the merits at that stage OF the proceedings
Mr. Dyett insisted that Miss Lind must be present
before the court could act.
MT Cromwen..Itis essentially necessary that the
contents Of subpoena be brought home to the party
on whom it is alleged to be served
clared that she had secretary. she could not be
allowed to plead ignorance of legal papers served
Mr.. n. d. noines, Of counsel for defendant, said
there was no fee rendered.
Mr.. Dystt-The sum Of twentyd I've cents was en-
Mr. Cromwel denied that service upon the secretary
was personal service on Mis-, Liud.
After further discussion, counsel for Miss Lind
declared that TO cut the matter short she ready
to attend II the court desired It, but that he wished
the attachment to be dissolved against her, she
had no intention OF committing contempt.
Mr.. Dyett said he was satisfied.
Tho Court there sufficient in the AFFIDAVIT to
purge the contempt, and IL Miss Lind would attend IL
would al purposes. 1t was therefore ordered
that the attach naent be dissolAed The Court then
privately fixed half past eleven o'clock the time for
Mrs Lindr appearance and in order not to ineom.
me de her by crowded court, appointed the chamber
Of the old Superior court-a room immediately over
head ~ the place Of examination. Notwithstanding
as the door opsned the room half filled
Judge Cowles, looking around the room saw that II
was exceedingly shabby and small and feared that IL
would not only be inconvenient for the purpose but
that Mss Lind would entertain but poor opinion OF
the courts. rom such a specimen as that lie then
despatched an offoer to IL the chamber OF the
Board Of Aldermen, the library any other convent
emit and respectable room could be obtained mes
rage was received from the Mayor that he had no au
tboTy to give the chamber OF the Beard Of Aderen.
but that the tea the library might be had Ga
applying to the proper ocer for either Of these rooms
he said he could not give the library, the books,
were all lying about, and the tea room was being
In this desperate csss. rhea Mis- Lind was about
being called into the shabby room austher messenger
in. saying the office Of the clerk Of the Board
judge the officers the reporters and the audsncepro
eesdee thither. The case was then called OF
JANR NTlNEI AGAINST GEORGE LoDER
Nr. John Y. Brady answered for the defendant Mr..
Dyett appeared for plaintiff.
Mise Lind shortly after entered the Court, accom-
panied by Captain West. Of the Atlantic steamship,
Mr.. benedict, and other friends, and was accommo-
dated with seat beside the Judge In few minutes
Mr. Dyett then proceeded to state hi. case. lie said
the plaiDtin the assignee OF Mary Anne Philips,
who in addition TO her claim represe ted her
minor and also the assignee OF Mrs Teal, all of
whom rssided In Williamsburyh. In this State. Mrs.
Teal, and Mrs Philips aud her son George Philips,
were employed by person named Condor TO sing at
the Jenny Lind concertsto sing at all Of them But
a. the third concert their services refused and
the chorus afterwards sung ~ concert at which they
not employed and Il vas for this the action
brought.
Mis-. Lind had said she was very well pleased With
the perform Of the chorus at which Mrs Philips
and Mrs Teal For the two nights they did sing
and for the other night at witch chorus ng with
out them the claim was SIS Out o. that sum they
had only received SIS for which they had given
cept They told they should appear In full Dress
aud Mrs Philips son In black dress and the expences
OF this outfit COS. her considerably than the SIX
she received The defence. he understood. FIRST
that contract made second that these singers
not az 20 perform their parts IL very i'm
portant therefore to have witness there who
knowiedged to be the ht singer In the world 10 throw
light upon the matter, and prove that these singers
were fully competent Barnum was making enormous
Of money, and yet was paying those ladies in a
miserable manner but even the pittance agreed upon