New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-12-06

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Gagged Va ile nleiesaiis house u David Brgva o.
Ofefa House On ercnded scale Wsich srver gentle
mon puiroatd 10 erect and establish n Philadelphia
That project through tho then ombafri..' neni y
the times fai.fl. 10 then came 10 Now York. AMI
tie spring Of ss he formed tho design Of aftAbihiag
Italian opera and sent agent to karor who cngtged
Resi- Renedstij &c The first concert at the Taber
nsce and he made the arrangement by which be became
lessee OF the Italian Opera House and the use of the Che
nut 1heator Philadelphia obtained at large expense
the requisite scenery end dresses and engaged company
OF 200 persons Tie alleges that tho articles were
PUBLISHED without foundation tending to impair his credit
and making charges against him as 10 wroagAg ins SUP
scrber although defendant knew that the money sub
scTibed had been placed in the hands Of trustee.
bfr +. II. sherman said; That NIFTY undertook the
management Of Italian Opera Company. AMI Of his
right 10 do there could be no question This was To-
climate business If he chose TO adopt it profession.
ard in the exercise of be had good right to be pro
eeed would any tradesnan in the pursuit of his bust
ne and to have the profits Of that business secured TO
him Mr.. Fry, however, neglected to advertise IN ne
HercId. and refused to pay it black mall hence the
OF the attacks made on him and of the bes pub
shed In that paper. To constitute libel il was not ne
eesssy prove that The hbeant stated that the person
justice. There way Of insinuating charges and
where the inference was left to the reaier-but
vet this inference If suggested was as clearly libel
as if the libel had been stated in plain words. aud the
charge directly made In proof of this opinion he quoted
Holt who gave as his opinion that was possible Tor PER
to adopt style Of writing where II the malice Of the
intention rot taken the standard for legal acton IN
Judging Of writing that it would be reproach aud scan
dal justice and that where malicious intention could
be egimatey inferred the person offending could be car
RED before magistrate and punished for to ssg other
wise would be to defaud the laws OF thecountry acaty
would become rampant and would prevail no check could
be given 10 RIGHTEOUSNESS and the Press instead Oh
being public and private blessing would become
universal In the series OF lbels which were pub
nshed in The Herald against Mr. Fry that he had pur
chased corrupt newspapers to attack Madame -; that
he had bbed worthless critics. who abused those persons
in the grossest terms and that no himself had written sr
ces in the papers against then and that me IToaHe r.
press and Courier and Enquirer had articles appeared in
the month of -, 1913, and all on the same day, ana
that other articles of like nature in week after that
date appeared in those aud other papers hst thoe pa
ties The Herald accused Mr. Fry with insisting that the
Company should play extra nights than those Tor whch
they had agreed and thus wongng the Company IN order
TO but money in his pocket The truth was that MT
Frv uad the same amount Of salary to those who WORKED
for him, whether for six nights As to those VINO
worked six-and was no loss to them to work. nor no
gain 10 ar Fry eheror they had agreed on that PERIOD
at the commencement Of the engagement me HeFd4,
in one of lis articles said, We see the Italian opera
going TO be great bunder this year as It was as''
awhen Tie subscribers were cheated out OF $1,000 az
not this the same in effect saying that Mr. Fry wanted
TO cheat the subscribers this year. as they had been s'I
year cheated out of $4,000 In the very same article INC
Performers of the company encouraged to break ther
engagements, and remain no longer with Fry. In
his answer to the charges, his Attorney Sstes s
that he swears on information and belief that
Frv had empoyed critics TO write down the artists men
TONED We ivey deny this. Ii true that Mr. Foster
was employed atthe commencement OF the season 10 wire
some few articles the Italian Opera, but these articles
had reference to particular performers though if Ir
aid SAYS that certain parties were abused under the gao Oh
criticisms What is book notice but criticism, ana
one of our merchants have clipper ship can he no, EN-
Nov On Editor or Reporter 10 write about It's bulid anu
sailing qualities and is not legitimate business MI
Fry also accused of giving free tickets ana ooU
bues hiss down certain peri )rmers IN ordero
TO break their engagements. Such thing neVernappeheu
for then neither life property would be saie or secure
These nsnuaons roundy stated TO be IN order ha
Fry could cheat the artists out Of their salaries and get
champagne box suppers when the entire pecunery ahas
Of the was under the management OF trustees
In the sixth libel The Herald declares that the entire OF
fhe management of Mr.. Fry, consisted in disgraceui
brGwng and broken promises, and yet inc Attorney 'or
the defendant swears he does not know oil Mr. sowing
any money to any one. And II this charge mas any
reference to the number of operas promised 10 ne
performed il is only necessary 10 state ta there were
only nine tpera promised during the season. and instead
Of nine there thirteen given and tnese opera
NOT the very same promised that was 70 DO accounsu
for the fact of some Of the leaders or those VINO
would have taken leading part IN these operas havnS
been taken ILL., and other like circumstances, whch
could not be freseen and for which could account
The seventh libel accuses Mr. Fry of being cheat ana
/ Asfor Opeya HoBsr-Ths Managers last Siek" Inc
article then goes say the subscribers would get no
/
them in direct and positive terms The eighth says; Inc
opera in Philadelphia burst up last year and the one we
have In this City FOR the present year gong 70 follow
suit" Tenth-Ihat the occasion OF tle dealn vi "
Simpson who was managerin Burt0ns Iheater and let
his family poor for whose family Mr. Fry gave Deneht
he accused him Of doing from sinister motives aud OF
sending his brother to Europe for pan3rana wnen ne
lad promised opera One may imagnethe hendisn mo-
tive which could allow any to seize on IA Oh
charity for opportunity OF abuse ana VIuper .on
Eleventh. that he had published with singular eclat ana
point prospectus Of the opera, stating thar al tngs
connectedwiih should be conducted with proprey wnen
none went there but rowdes and gamblers anu tna he
proceeds of the season shOnld 90 TO support an h0spa
Tor that class of persons for Fry was their Intimate ana
associate and that be had got rowdy newspapers IN
adephia to support him Twelfth that the place was me
resort Of improper persons and that the audience were
the most part prostitutes Counsel commanded that there
could be no Justification 10 permit the defendant % accuse
the plaintiff contrary to pledges he had made 70 tue pup
lie OF having the house conducted properly and 70
allowed improper characters in it, if not able 10 prove ~
and proposed to put in the programme, published Dy h
Fry Of how he intended to conduct the house =,
This was objected 10 by Mr. Edward Sandi0rd ana "a
lanes r Brady for the defense Mr. Jordan commended
for lis admission and stated that the libel in Ihe Herad
connected the defendant with knowledge OF the
rro0rnme was admitted in evidence, and it promised the
bouse should be conducted with propety no noise nor
no spruous drink allowed to be sold in the saloon
Afer the reading OF the programme Counse ior rian'
prorosed 10 prove the ibels in The Herald when =, ,
koses NJ IVAite called and swornIonown ne, ,
nevspaper dated 18th Dec 1851 saw tnat paper 1e'ore
bought it from the clerk at me aesk 0, LIZ
IL know it Is the same bought paper marked and or
dered 10 be read in evidence - -, -,
OF 10 o'clock, A III.
corrRr OF COMMON PLEAs-Befors Judge Isse,HaS
Frederek A. Peterson sgt the City Of ssw-fors
To recover s93e7 So for drawing plans and specnieA
tious for proposed Washington Market the building o
which opposed and the proceeding declared 20 os
was emtoyed by the Committee 10 make the drawings ta