The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-13

published TO be be0us and II they find that has
resulted they have the discretion whether they will visit
upon the defendant damages by way OF punishment
than the plaintiff has sustained La other words IL you
find that Mr. Fry has rot sustained damage yet you
dsnts pool Of and tshe thsrefcm any number OF dollars
sstiSe punishment upon the w shall con-
tend and ask His Homer the Judge charge that the
such as VIII Elm for tia actual damages he
has sustained. IT, however, person has esgsgsd mali
oousy in desu ing the character of cizen which has
wrought NO injury Ia that tho pablo are the proper
party svsngs that This is the proper wsy- is
open to all citizens and II any hne is 70 BE- levied should
Fry The court win give you such instructions upon that
question as the true nature OF the case warrants shall
proceed TO the consideration of tina bsl themsayes
and shall ask you to ceermns first whether any OF the
articles complain ed Of ibslous will call your at
vate character OF the plaintiff and that there be any
thing cepsorious It's publication was made with the in
tnon TO elevate and not to deprave this moral of
ths community 1t made with the intention to pro-
duce beneficial not Injurious results TO society and IL II
the ucdsr his onduct less it's duration ia
point OF nmeto terminate II earlier than 1t otherwise
n ~ % snow sna TINS result would
upon as public blessing. have said that there Is
nothing in the articles complained Of which tended
to affect his private crsrscter, his individual
responsibility, standing In society Is dograda
ton to his CHI racter to say that he is not competent TO
manage An opera company an ,ss no. tetract from
the responsibility of any to iaJ when he be-
fore an audience pablo stage, that he appears in
character Of ape The points ofrsssmbsncs, whether
they do do not Exist matters Of private Judgment
that don't affect the rvats character Of man neither
held by the pub TO- II s therefore NO dsp fragment to
hin, to make these criticisms to form these Judgments,
Or 70 .sssr that his appearance bore greater or less re-
not written to ds,orb the public peace, they did not
tend 70 create any PasSls aorssT they ace not libel
you hear them ali read without regard to the moaning
given to them by the plaintiff that there is nothing in
them that could have PROD aced loss OF character Of
Rsmssks ,hsisiors, Of the csarsotei Of in
htp nQ fatv nd 10 NV
person and the right to publish is a. broad IS the right
toyesk. II unntsntonal errors contained in these
criticisms for such the law makes provision They
privileged against actions In this case, hope to
show that the remarks in the article rejecting the
by himself If there is any thing contained thsm not
borne out In point OF fact It was not intended for the
the truth Of such statements and the conclusions drawn
from them were well grounded appeared to the writer
ct the time With an assertion OF these general prnci
would ask your attention to the articles published
call you to determine from evidence whether the
not lay The foundation the criticisms that acsompa-
MED or followed them 1t Is difficult to state In dstsi
what portions Of the articles Mr. Fry considers unjust
apdlibsllora have made abstract of them which
will now lay before yoa They may be classified as fol-
First the articles that relate to the trouble with ru
wheh led to the writing and publcs ion of her letter In
the EssA III. Ct Friday Nov 1913 Ths editorial com
to the previous treatment received BY co TAs part Of
the case appears to DO disposed Of BY the evidence PROV
that appeared in the HERALD containing any remarks
y Fry III . a and
Of Philadelphia for month more, and caused pubca
ens to e ado in reference Tu That forms the first
libel and to that article ask yeur attention.
The second general head the with Bsnsdst and
under this can classify six articles The
the S asa Of
accounts Of which, taken from the Courier and the TIT
b as we'll the HERALD together with enedsttis card
published In the HERALD OF Friday December ls On
Sunday sd Dec published editorial comments the
appearance Of tine house conduct of the audience and
cembsr was given history OF the anagsment Of the
opera during the season and this fiat time such
slistory appeared in the HERAtD &c., gentlemen, viii
md that the concusi arrived at based undis
puted facts On the 9Th of Do ember there were some
further remarks the opera and Its prospects the
ing notic.:a The oper. in Philsdsipha Is burst up
When viii the opera here follow suitf" On the 18th Of
January appeared notice OF the opera Ison In
necton with the benefit for the relatives of simpson
The next under this head is portion of letter
that appeared in the sunday HERALD Fsbrus nv S49
which is complaired as on tue capacity Of FRY
This concludes the second branch and it necessary
| to ca your attention to
The third genera hsad--the fancy bail Under this
branch appeared article january 3D. lsa9 contain
ing some remarks about recruiting an opera company
On the n of January article appeared relating to
the description OF persons tbat attended ,hs ball AMI
opera. On the 9Th Of February is4o article the
subject Of Jack Esrrisons pardon led To
the character Of the persons attending thu opera On
the 18th Of the same month appeared letter OF the
sane tendency This concludes the third branch OF
plant
Under these three general heads We have all hat Mr.
pan Gays he was slsndersd in the branch Of these
publications. In these paticularsthat Ii part of his
system OF management to have critical attacks mads upon
the emsles of his par and that 1t upon ico
that he Illegally and dsnouessy cancelled her contract
with hinthat he purchased and bribed newspapers IL
with insulting Rossi-'hst he treated TruAi in dis
graceful manner-tbat Mr.. Fry unequal to bis post
ing great incapa,ity ("vauty, pretsnsor and igno.
rance" are the words complained Of in the be) that
the allegation for which there Is
foundation in the articles complsned of-thst he rot
ead with the best artists In the company for which
he had been rebuked and that he packed the house to
sustain him and break them down by hissngthat Bsne
de was Missed in conssqusncethat he (ry) appeared
on the stage In ludicrous manner aud the audience
sent him off about his busness--that his measures
were designed to offend Truh, Beuedeti and Ross and
either drive them from the opera provoke them to
commi, acts which would autnorise him to cancel their
contracts that he charged with inability fual his
contracts that he char cd with fraudulent appro
priation Of other peoples money, in giving hook and
champagne suppes; that be charged with violating
would retire from buinsss owing to his msnasnarsment
and fraud; that he charged with the misap propra
asn Of So eco to purchase panoram. Of Venice; that
onzed the the parquetts and some of the private
boxes that he had not employed good singers that
smashed the Now the first question to examine
whether the matters contained in these allegations
they published then there is end of the CLAIM
In what these remarks spoken and whether
true meaning o. the WORDS Is such Is alleged IN
tie nuendo is question Of fact which belongs to the
jury SO it is settled by the law in this State Was Mr.
Fry then qualified to mar age and successfully
duct an Italian opera company in the fall Of lS48,
aud up to the month Of February, 1919? Did
he tnew the natural characteristics the pro fesonal
constitutions the personal suscepbities OF h artists
the rules of deco the exActnes nicely and
mony which they usually exhibit in their ordinary beha-
viour, and their mutual intercourse with
ger and With each other II he did not his of
those with who he thus undsrtoos to deal total
disqualification of him = manager. II he did not
|
them shows want Of good temper tact and judg nent
steal altis hie Fpoets, belong the irritable genus
the human family From the examples before u.s. are
warranted In saying that they very lgen ortiz
cally accurate in forms Of speech we'll In forms
behaviour reused and excited quickly by the absence of
custom attentions. ny Intentional sights They
In nha md