The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-26
Singular Opera Case in Paris.


Considerable sensation lad been caused in musical
circles by Count Thadeus de Tyszkiewicz, q German
one Of the editors Of musical journal Of Leipsic
rector Of the Grand Opera, to recover damages for
having, on the 18th October last, caused the Freys
chutz OF Weber to be performed, with mutilations,
and in very imperfect manner. To this action NJ
Roqueplan responded, by demand that NJ Tyszkie-
wicz, as foreigner, should be obliged to deposit
l,00Of as security for the COSTS and by an action
against him for damages for what he called his libel
lous complaint. NJ. Tyszkiewicz having duly deposit
ed the l,0OOf., the two came on yesterday be-
fore the civil tribunal N. Lachaud appeared tor M.
Tyszkiewicz. he stated that his client belonged to
family connected with the princey of the Dukes
OF Lithuania that his aunt was the sister of Ponatow
ski and that one OF his ancestors the last Polish
ambassador sent TO the Court of France-aso that
as editor OF the journal ut Leipsic he great nu-
steal authority He then went to say that seeing the
Ftyschuts-sn opera of which he was passionate
adrirer- announced )r the 18th of October, he went
To me theatre expecting to find the performance
woithy in every respect Of the Grand Opera of Paris
But that instead OF that, the instrumental part Of
the performance was most sclndaously executed,
the chordses did not know their parts, the tenor
Introduced what he considered ornaments which
were not set down for him. the principal female
part was filed by third rate cantatrcs; and sap
presslons OF the best portions Of the third act were
made, whereby the act was rendered ridiculous and
incomprehensibe. Ia addition to all this, the opera
was made the crer de rtdeau or Introduction to oa
let. On the whole, N. Tyszkewicz declared that he
had never seen the noble chef d. Guuye Of Weber
treated with such PROCLAMATION in the most wretched
theatre OF Germany. In support OF this opinion of
bis client the advocate quoted extracts from eul-
taons OF M. Berez aud other eminent critics. and he
then went on TO contend that damages were due, be-
cause the defendant had announced Freyschuts but
mad only given part OF it, ard because it right
and proper to defend the works OF Of genius from
mutiation. And as damages We're due TO ais client
he coDhnded that the counter action Of M. Rogue
plan must be dismissed. M Celliez, advocate of M.
B0queplan, sad that the action was most rdicf-
lous one, and had excited loud Iaughter amongst the
public; ard he intimated that the general opinion
was that NJ Tyszkiewicz was very original charac-
ter or insane lie afterwards alleged That the opera
was performed on the evening in question as twas
arranged in 1850 by M. Pacini and NJ Beroz, as it
had always been performed, and as it had been
sanctioned by the Ministry of the Interior and the
Ministry of State; and that NJ Rogue plan being the
director OF subventoLed theatre, was obliged to
perform, without any alteratian or addition what
soever, the pieces so sanctioned As to the plain
tin assertions Of the badness OF the perform ance
vocal snd istrun entai, the advocate declared that
they were calumnous, and that when they we're made
aith respect to such theatre as the OPERA did not
deserve a reply. He contended that NJ. Tyszkie zoz
had only b ught his action from the hope of gaining
notoriey and he maintained that, that action wag
calumDy on NJ. R1queplen's system Of management.
ne ought to be made to pay damages, if only to
teach him that he could not be allowed to employ
such means to bring his name before the public The
public prosecutor said that in his opinion no dana
ges we're due to M Tyszkewiez, as the opera had
been performed as the public were accustomed tn
see it; and he left it to the tribunal to say what
rparation due TO the director Of the Opera for
the attack m ade on it. The tribunal gave juJy-
meDt which declared that if it we're true that iGi-
portaut pas sages were omitted from the EeySchutS
in the performance of the 7th October, those pas.
sages bad been constantly Quilted since 1866 that it
resulted from this fact which in principle was to be-
regretted, that works cut down were announced tn
the public as intact; but that the plaintiff having
had only to submit to the omissions which had been
imposed on the public from the beginning could not
establish that he bad suffered any damage for which
reparation was due; that IS to the counter demand
Of M. Roqueplan, he had not proved that he had
sustained any damage which could be estimated;
and that consequently both actions should be DIS
missed. The tribunal however condemned NJ. de
Tyszkiewicz to the costs.