The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-02-17

MT Malone Much delay and expense had been oeos
stoned in the case 10 conses Of Mr. Malone abb
minable uct with respect to those letters They
In his hands at the CONNIE ncsment of the suit
and were utterly unknown to the inpugusnt and her
proctor BY the promise Effected In the ejectmep
trial by which Mr.. Edmund Crofton Kelly, the DE-.
ceaseds heir at law qusned his claims in consd-
Grafton ofhe OF 00U and costs being paid by Mr.
Kelly, the real estate was to Mira Kelly; and
in the ntime the present suit was subsisng in thu
was not known occurred TO disturb the harmony then
existing between Mrs. Kelly and MI Malone and ac.
entire breach took place between these qodam friends
Malone being put at arm length boasted that he Ia
thoe letters OF the respondent in his possession The
lady denounced them fcrseres. Malone showed
them to different persons-smong't others to Mr..
Grsr the proctor the appellant who had been.
examined as q witness, and Whose testimony nobody
could distrust-in srder he said to get rid of the
GUS Indignation or perhaps more truly with the view
Of extortng he deposited the letters with the
registrar OF the Prerogstive Court. The learned judge
Of that court ordered them be restored to Malone
and that was done, notwithstanding the uryeat remon
strances against 1t OF the counsei for the appella
The result the restoration OF the letters Malone
was, that they were burned by him most fsgitious
those letters he Judge Cranpton had not tho least
doubt If the evidence of sandrs true they were
burnt at the instance OF Mrs Kelly. Upon what term.
| bargain was effected between her and Malone the
Court knew not; but that he received considerations
difficult to believe that Mrs Kelly who did net hest
tate to the evidence witness the cost OF
$4,000, would have hetitated about purchasing the
conscience Of Malone. The impugnant compelled
t. produce Malone as witness the subject OF the
destruction OF the letters and he examined
by the promovant (Mrs ely; but 1t manifest
iIom the whole of his testimony that something had
again occurred co change the Of his feelings
and that at the time OF bis ion he had
become hostile TO Mrs The wes he unfricn dy
to Mrs Kelly before To complete the history of Mr..
Kelly IL needed only to mention that in 1891 he pur-
chased mansion in Sussex; that in 1887 he at
Rookwood, where scene took place bet him and
his daughter that in that Year the dssd aud will OF
october the 10th were executed; that In 1883 he
iedthe respondent and executed the deed and will
april in that year; and that in 1910 country
M n hfs anatAr IT,
frst was there marriage celebrated between the
ceased and the respondent in Werburghs Church .,
genuine! and If so, they legally in proof before
the court The learned Judge stated that in his opi
that Of 1888 which he observed was itself evidence
against the alleged previous one According TO the
gissdinss having reference to the latter Mrs Kelly
did not know her own wedding day. His Judge
OTsmptsn opinion with respect to the letters Ma
lone WAS that they were genuine. There . cloud
over those letters, but the respondent herself had
helped to raise it, In her allegation she complained
tina. she wss declared by their destruction prov
aequesced in the restoration Of then to Malone by
the registrar Of the Pr.rogetive Court. He Judge
CrsmpIop) camel to the distinct grounds on which
The court was of opinion that probate could not be
granted to the will pIopounded In this and he
would the In Il following propositions First
between Malone and Mrs Kelly to deprive the tststor
OF all t.stsmentsry power over his property, sndt to
agreement being that tb ey should then interma'ry
with each other Secondly the deed of October, 1887
ceDspracy; and the instruments ueed for Its accom-
pl'bment were imposition and misrepresentation,
aided by the irresistible influence which tt respond
ept exercised the mind and will OF TIE deceased
Thirdly, after the execution OF the instrument 1887
mov.rt WAS No. propoundea OF proved BY the pro
had ceased 10 have any dsposing power by will
hi. property; and the deed win Of 1888 were But
supplemental to those OF 1887 the same frauds and
Influences continuing up to and after 1888 The
motive Of the deceased for yielding reluctantly.
be thoud be deprived of the society and confidence
Of Mrs Kelly, which he thought was necessary to
Threatened that che would lore all oonhdsnes in him
and would leave him, II he did not execute the in.
strumsnt. After closely auaiy.ng all the evidence as
to tn details of those nd sSvsrt
to the fact that Mr. Kelly spent much OF his time
in England away iron his relatives the learned Judge
concluded by saying that the court OF opinioo
the Instrument propounded by the respondent
not The true viii and tertamsnt of Edmond Kelly
least that IL not sucer tiy proved to have been
bis true and last will. They should, therefore,
reasons, which It was not necessary to mention
they could not grant ministration to the rsspon
ssS . 1nTpsn ,ne was the wiSo. Of the dsse
1t to the appellant. Miss Thewles With regard to
cost, the court er 4tito ja,o: and the prsetic.
In all cases OF fraud condemned the respondent In
the entire costs incurred the appeal as well ss ia
the court below. The costs win be ff5ooo
Foreign Music and the Drama.
a singular case came before the French Tribunal
ae Commerce few days ago, says Paris paper.
waltz for the piano, which he entitled I. La 5ympa-
THE" Nj. Alphonse Leduc fell in love with this
waltz, so much so, that, after having been the pub
Usher Of IT, he wished to become the supposed au-
thor The thing was dangerous, difficult, and even
somewhat modest; but a'rai~ere sans PERU on
uienPhe sans gfope, and M Leduc loved glory,
although he would not have liked to purchase It
II had been for sale. NJ Leduc conceived the fol-
lowing expedenl, which proves, we are forced 10
admit admit. =, supple an fertile imagination. He ar
ranged ior Two performers (d quayte mains) M.
Commettants waltz, and awaiting himself of thu.
insignificant addition, without M. Commettant's
PERMISSION, effaced the authors name and subst-
tuted in large characters HE own acting up to the
old Precept, Ofefoi de Ia qns "a ny nietfs;" bur
M. Leduc, with a vew Of screening himself had
put IN an obscure part of the title page in the bor-
der OF the Autograph, the name OF the real author
but IN such small letters that 1t would require the
eid Of microscope TO decipher thes,, whilst the
WORDS, dHangee pour pAno q4atre mains,
par dfPho11 Ihduc," were in characters of the
largest size. Comparatively, waltzes for tive per-
formers have but limited sale so M. Leduc was
determined to ''go The whole hog, and substituted
a fresh title page, altogether leaving oat the au-
thors name, but not forgetting to place his own
30 much audacity and bad faith could not go un.
punished Nj Oscar Commettant, from being the
attacked, became the attacker, and brought M
Leduc before the Tribunal de Commerce. Having
heard The eadings, the judges referred the cause
TO the arbitration OF the distinguished composer.
IA. AuDer, who mas Just made his report highly 10
the plaintiff s favor. He submitted that NJ Leduc
was bound TO replace the name OF M. Oscar Gem
meant in The usual and large sized letters on the
tue page OF " lie Sympathie" waltz, and also con-
confirmed the report, but, with gres.indulgence to
the defendant, reduced the damages to 800 francs.
IL such deception and fraud is conde unable in
any one, they are more so in publisher 10 whom
composer has entrusted the success and interests
OF his works. For the honor of the music trade.
be II said, similar acts are fortunately very rare
The Theatre San Carlos, Lisbon, re. opened with
Beatrice di Tends." Although there is talent OF
7 he hrst order in the present company we are not
70 general satisfied with the ensemble. Miss Clara
No,ello end Portheart made their debuts in this
opera, and both were successful. Miss Clara No
vello has excellent ne,hode and sings with much
taste and purity, but likewise with great froideur
Iortheart met with great success both as actor and
singer We expect with lively impotence the de-
"Semiismide." The tenor, Musck, Of whom they
speak highly, 10 10 appear q few DAYS afterwards