The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-15

IL.
in Hastings the month Of August that Fry was to b
finished. OIL ssys gentleman on the other side 1T
was said quietly" have stated my reason Why
think otherwise and the sequel will show why It was
otherwise Mr. strakosch, the witness, is German, but
he examined before his honor Judge Emmett, whose
intelligence ami business, or whose mind and the care
fu whose practice would the mind Of any
in the belief that Mr.. Strskosch fully understood
any tax about the testimony [rhis last remark
made in reference TO something which the sounsel for
the defendant Asssrs Sanford and GaSraith were say
rg in relation to the testimony OF Strakosch Before we
cou d~ear the rest Of M Jordan's remark, MI Sand
ford ard said the testimony taken the l4th
ofths opposing counsel w Mr. Jordan replied that
he would correct it himself 'My object here, gentle
men, he continued lis to make y9u understand the ase
Mr. sandford-That is what wish but you began on
too broad gauge.
Mr.. Jordsn-I win move your Honor that these gen.
tmsn he removed they contr to speak so loud not
that believe will have effect upon the jury outt
must be annoying to them. Here Mr.. Jordan COM
mepced resdns portion of Srakosehs testimony, when
he was ssain interrupted BY Mr. Sanford. The follow
ing discussion took place between them
Mr. Sardsord-That portion not read, sir.
Mr.. Jsrdan--I will rot be interrupted.
,ns nnna hs
rules Of popret far net to attempt to read them
Nov say that the paragraph was not read
marked; have now got the right copy.
Mr. FAM fordYou should have Isac that before. The
PREF ent is the proper time TO correct the mistake
Mr.. Jordsn--Well. l never knew that OPP
posed him (Mr that had the last word, and
Will not attempt IL great place OF lmpoftlnence
Judge oaliey--Thers may be peculiar circumstances
that Cal. for this interruption in reading evidence that
should not be read before but tie bss. way to make
| note Of il, and then correct 1t Afterwards
Mr. sandord-My intentionh to correct 1t At the time
| the mistake 10 made
| Mr. Jordon-Oh know enough Of the bullying OF
the counsel Of the HERALD New, gentlemen addressing
the ury) upon the croessxaminatcn there great
many questions asked, some Of which have been read
AID Fart of hch was not read The witness was press
ed BY thai kind Of hesoIng and cross nation such
as "Cau iecollectS ~ Are you certain these
i tl. vorSa INIT he mad in at ha
hsd stated the susstsr ce OF the EXPIRE sson- That
lie would finish Mr.. Fry very soon" Now, what is the
in August Sep.ember-Ps edetti Trai and Ros5
Benefits boarding in the next house-Fry had re
ule Pennett-Hennett had threatened to finish
him very the frs. Oct her you will recolect
there be concert here In the city of New York
that within month II not less after this
ton between Strakoch ard Bennett when Bennett made
the threat wsek before the concert WAS to take
place Mr. haretzek their own witness called upon Ma
dame fco otter Italian sopsstress to give hsr afor
nation that Mr FRI required her to paorm In that con-
the LIST Of October Madame Pico declined doing
She ssd In the name of myself and Of the Italian
performers' other Italian performers, ~ don't
recoect the precie expression but the idea was that
she spoke herself the Italian artists. She said
she could tell Mr. Fry that he had right to give these
absolute orGefs-that they had as good right 10
barrass him as he had to embSrrass them don't
that Madame Pico ard Bt nedet and Rossi, any Of
them had an interview about 1T but what doss II show
| Who these Italian artsts' Where had they been?
At hastings with Bennett Who Bennett? The man
| who to fnifh Fry. When Madame Pico speaks Of
their going to the concert she speaks in her own name
learned that she could have redress Mr. Fry that
he transcending his powsr Let us see where she
could ave knowr that Here ar. Jordan read por
ton of the following contract between sgaona Pco and
Mr.. Fry
BY the present contract made in duplicate original to BIO
in force in the best rywhr between Edward
America, sisaers Kosns Pho i has been ssresd
ssaos Ressa Pic binds hsrsl, to lend her services
in all heatre that will be iered BY Tie
fsssii states xnsrsa Of
ess S lend ia n III Tie
ceTts orstorcs must u. festivals &C., that may be
to begin on ths fret day Of October 1918 AID to continue
1t the duty Pico be on the spot
si' vii So the duty q Rona Fies attend
and t. sssl 5, s
y i Pd in M !.
hsIseII to eonfrm Strictly 70 each and al the general
regulations opera company appended and in
the forfeit thsrsi. ipssissa. : :
Fso f' r b pnse
ton IN ns in s oga
e. rsiSd to Be sn,s, y clear hal
easement monthly ats2oo month till july 1919
Is che
as sI H vass rate
From this in favor the director
s bs sss # sas
Ss srei es If h s s
Tsd than one week mus. also BE- excepted in favor Of
al e thai may hst.i the Rons Pioa in
ton the eeotu.y sxessted
The ra,S1. Of sgno.a sieo and her mother
contract the interested parties ax their pledge
S'' 6 i;.ro.rA " " ESWSA6 s1 :: Fry.
Now, continued Mr.. Jordan where the improperly
when be went to her he told her what Mr. Fry desired
She then raised objections and said she could ebaas
Italians, and that she had Of redress. Rsress
for wbats Why he had the right for the very lines
Of the contract bound her to obs his ORDERS take the
part assigned to her. In opera concert any part of
the United States: Indeed Madame. You had redress
who told you tha' Did these sns Bene, etti aud
Trun, and Rcss? will say Benedict, and not II ui for
he the leader of that gang who told YOU Won had
redress or to b.rrass Mr. Fry because he ordered you
TO 60 what he had contracted with you to DEF Was
Kenneth Why. should he have told you sog For the
purpose Of Finishing Fry Well, she did not CO. and they
not go-because she sick Well gentlemen, dos It
want to comment her testimony She was
chs was sick. he offered her medicine but she h1d an
other physician and that enough for her. did
not 90; Wen gentlemen, who was this Dr. Trudeau she
hadf Where ia hep He is a New York ply ,icap; why
didn't he appear here and lie was sch For tho
same reason that they objected to proving what abe
told Dr. Forbes, who had conversation with Trudeau in
which Trudeau told him that Italian could be sick at
any time.
Mr. ancford-f the Court please will no. allow him
TO read testimony which has been excluded The Supreme
Court has already ruled that this incorrect course
The gentleman proceeds TO the jury what he
rays he would have said, not whas he did aywe object
to any such statement.
Mr.. Jordan-I have not eaid any such thing.
Mr. Sandford-The point to which arise Isl that 1t is
settled principle Of the administration OF justice that
where evidence offered and is excluded by this Court 1t
IL rot proper eubect of common. In summing up the
case.
hr. Jsr6an-f ths gentleman gain ,u5 thing by
there Interruptions it will only be by dscos certirg
con- offer, or say, that would have pros ed aud SO;
snd II he had been little Jes inpetuo US would hav.
tod him that the Court ould allowed it, That
Is al there ia about it. did offer to prove so AMI So
and u Court overruled But ask Why is not Dr.
Tuctsa here Ard gay It is for the that
you (neanng defendsnps counseD o5-csod prove by
Ir Forbes what be said upon that occasion Whsre II