The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-05-20

CURED considerable expense and entered into inn
portant contracts for letting the boxes Of the tho
atre upon the faith OF the arrival of the defendant
| Johanna, in London to fulfil her engagement, and
that on or about the 10th instant he received ct Pa
s protest from defendant, Johanna, with the fol-
lowing letter.
"sir-Not having received the 18th of March, nor
even 10 the LIST Of April the of f300 stipulated In
nued on your side and therefore, think myself justified
sending you the nclosed formal protest. and feel also
liberty now to dispose elsewhere both of talents
am very sorry for it, but nevertheless compelled
10 DO 80 on account Of reputation artistic and
also OF my interest. Yours
"JoHArNA WAGNER"
The plaintiff further stated he was informed by DR..
Bacher that the defendants Johanna and Albert, in
formed him that they had been offered larger sum
by defendant Frederick Gye, who assured them that
the engagement entered into with plaintiff was void
by the non-payment to them of the e300 on the day
specified in said agreement; that Her Majesty's
were it must DO at once closed again; and that
PLAINTIFFS position was so bad that the defendant
johanna would not be paid for the fuflmcnt of her
engagement with him. The plaintiff was also
Johanna, in consequence of tho representations
made to her and her father by the defendant
Gye, had been inundated and alarmed, and
had consented to enter into an engagement
with the defendant Gye, to sing at the Royal
Italian Opera House, Covent Garden, on his en-
gaging to protect her from all damage consequent
upon the breach of agreement entered into with tho
plaintiff After receiving the protest, the plaintiff
proceeded to Hamburg, and had an interview with
the defendants Johanna and Albert, to induce them
to fulfil their agreement, and tenderod to them
aE.OO, in two Bank of England notes, but they
refused to receive them. The plaintiff further
defendant eye represented to the other defendants
that plaintiff was known to be person who never
fulfilled his pecuniary or other engagements and
that the defendant Johanna would never DO paid
Or GarV ha in,Ilat aA hyyf hO
ment The plaintiff was also informed that defend
ant eye had promised to pay tho defendant
Johanna tho sum Of $4,000, for two months SER
vices, and also to indemnify her. as already stated
The plaintiff further stated that the representations
made by the defendant Gye, respecting him and
respecting Her Majesty's Theatre, were false, and
were made for the purpose of deprving him of the
benefit Of the said agreement. 1t appeared also,
from the affidavit, that the defendants Johanna and
Albert had arrived in London the 18th inst, for
tho purpose of carrying into effect the engagement
with the defendant Gye and in tho London papers
of the 2lst inst, the following advertisement
published
RoyAL ITALIAN OPERA, Covert GARDEs.-MpLLE
JOHANNA WAcNER.-The directors have the honor
to announce that in order to render still more
complete their already unprecedented asscmblage Of
nrtistes they have entered into engagement with
Theatre Berlin that the services of that eminent
artistic are secured exclusively to the Royal Italian
Opera
Another advertisement announced that her first ap-
pearance in England would take place on Saturday
evening in the Prophete,'' and the defendant GIVE
had by handbills and pacards, advertised that the
Opera, Covent Garden, on Saturday, the oath inst
The plaintiff further stated that tho defendant Gye
had, by the deposit of money, contract, in
demnited the other defendants against all damages
arising from the breach non-performance of their
agreement with him, and that paintif would sustain
great pecunary loss, and be damaged in reputation,
by the defendant appearing at the Royal Italian
Opera House, Covent Garden, at any other theatre
Har We fra rha y,Ior r,,-x
stated that number of persons who had taken, or
would take, boxes at Her Majestys theatre, upon
the faith and understanding that the defendant Jo
hanna was engaged, and would appear at her Males
tvs theatre, would probably now throw up and re-
fuse to take boxes, and decline to subscribe to the
said theatre The plaintiff calculated that his pc
cuniary loss would amount to EDO 900, and that his
professional skill and ability as opera manager
would be injured in the eyes ofthe public The afi-
davit further stated that Dr. Bacher is not in Eng
land; but the following letter had been received by
Dr. Bacher from the defendant Albert
DEAR FRIEND--You would wait long for letter from
Johanna; myself do not know whether you wandering
jew in VIENNA however write at all events to
inform that we have sent the necessary letter Mr.
Lumey and requested him Jormd to defer
the fuflment OF the contract for fortnight longer
which has been already settled between lie answered
very politely and agreed to it, however he would have
wished her to be present for longer time at the rehear
sails OF the Prophee but is impossible to be every
where. This time as usual. Johanna has much work to
do before her Journey and is merely short since
n
fortnghts rest before undertaking in London another
work which will require all her energy. 1 should other.
do We shall try to be there at the appointed moment
and from Hamburg where she will remain her sisters
during Passion Week, she will probably leave Faster
Monday. Johanna remains for her debut in the Pro-
ph6te being sure of quiet entrance and success
They prefer Romeo because they say she alone
Romeo if she succeeds the people will go to the Pro-
phete for her sake alone but they would go for the
whole of Lumley's Prophetic since it is much better
eyes. There is something for both but Fab (auyh.
e \ hat how.
in which everybody agrees H. that have made very
bad bargain as regards money matters-that clause
pres sed by you which prohibits from singing
concerts it is real loss. especially to have
neither apartments carriage free, which have been
granted to others England Is only to be valued for the
cake of her money (Laughter.) | am curious to hear
how your speculation is terminating You appear to be
ceive best compliments you wish to hear from
US Johanna will tell you thousand compliments from
yours, truly, A. WAGNER
In addition to the plaintiff affidavit, an affidavit
had been sworn by Mr.. Mitchell. who made the fol-
lowing statement:-
II have been for many years past in the habit Of
ing boxes and stalls at Her Maesys Theatre for the
purpose of again letting the cut to frequeners of
the said theatre and realizing profits thererom unto
myself In consequence Of the said plaintiff having in
about the month February last and previously to the
opening of Her Maesy Theatre for the present
1852 shown to me the engagement entered into by him
with the said defendant johanna Wagner BEARING date
the 9TH OF November 1851 for the appearance of said
defendant Johanna Wagner. at Her Maiestys Theatre
during the present 1852 induced and did
several boxes and stalls in Her Mesys Theatre for the
present for the purpose Of letting the same out
again to the fequenter of sad theatre From the high
reputation borne by said defendant Johanna Wagner as
an artist and singer and from the full confidence enter
tanned by me of her fulfilling her said engagement with
SAID pliintih, was induced to- and did increase and
extend my usual season purchase and taking of boxes
and stalls at Her Mesty's Theatre. nearly three
times the usual amount and for which agreed pay
the said plaintiff sum Of f15000 Several of the said
boxes and stalls forming part Of the included in
said agreement with said plaintiff subsequently, let
rbaafr aNho
in the habit ofdealng with for such purpose and
such letting last aforesaid proceeded the faith that
the engagement of the 9th November 1851 so entered
into by said defendant, Johanna Wagner would have
been kept fulfilled by her. by of the announce
ment ct the intended appearance of said defendant Jo-
hanna Wagner at the Italian Opera Covent Garden in.
stead Of Her Majeys Theatre have had several of the
boxes and stalls let by aforesaid returned and
now remain upon my hands inlet and unsold and the
parties who had taken the declined to make any
payment or to have the Of Them upon the ground
that said defendant Johanna Wagner was to