The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-09

Prosecution Of tho New York Herald by
signer Fry, late Manager OF the Astor
Place Opera.

Prosecution or tho New York Herald by
signsr Fry, late Manager OF the Actor
Place Opera.
SUPERIOR COURT.
Before Judge Oakley.
| FoURrH
DEC 8-At the opening Of the court this morning. Tia,
cross examination of Mr. har-tzsk resumed By thu
counsel Il plaintiff
MARETzEK's TESTIMONY.
O. Mr. Maretzek, you the leader of the orchsstri
the at the Tabernacle the concert in Oct
| A. was
Q. Do you know whether Madame P;co ing at that
| cert or not A. She did not.
i Q. Did you have CONVEX alton with Madame Pico
| previous to that concert ? did
How long did that before the said
concert took placer A. think 1t happened about week
before.
@ Do you remember at what place that conversation
occurred between your A. 1t her room and at her
residence.
Q What Gid that conversation consist of, so far
lated to her performing At the conosr Objectsd to-
| Q. Did Signora Truf perform on that evening? A.
Yes
Q Did you perceive anything Of her fainting9 A No.
O. Did you observe any thing indicating sickness
parts A. She retired after her frat song.
Q When did you next her after that occurrences
A. saw nothing Of her for two days afterwards.
@ Did you soc her and Mr.. Fry together aft.r that
night at any time within few Gays, 50 as to hold any
i A
| Q. What was the next opera performed A. That of
| "LEiiser d'Amour +"
Q. Who was the prima donna in that opera ? A.
| q. Was Norma" afterwards produceds A. 1t was
How long before the first annuucistion of Norma"
was that Produced A. About four or five Gays.
| Q Did 1ruf appear in ,hats A She did.
/ O. Did Benedetti alss appear A. Yea
Q Was Benecetti the tenor at that time Yes.
O. When Truf appeared on thu stage in Norma did
th- performances ON we'll or the that
| ming A. II went off well.
i 20 we'll nd nj Tvs A Y
Do you at that time Or at any time during your stay
at philadelphia witness any personal intersourss with
@ What the nature Of that intercourse and what
was the character of Mr. Frys department
ur They both appeared at the end Of the operatic
Was ths conduct Of Miss Trui to Mr. Fry placid and
| courteous2 A. As far / know.
And was Mr. Fry's conduct the same. A. As FAR IS
| could see.
in these things who was sonsf cred - the best Norms
| TruH or Madame Labordes A. Trufd the prima
donna
Q DO you know, recolect the time when Miss Truf
desired to perform in .Noima" by Mr. Fry, and that
refused to do and did Madame Labords then take
Q. Do you recolec. about how long that was after
leaving Philadelphia A. 1t was about = month"; or six
Did Bepssetti then appear, and did Madame Laborde
| then appear ~ prinsa donna 7 A. Yes.
Q Did Trufi request to be excusede 4. suppose
Q In consequences Of this, did Madame Laborde
Q. Did Peneastu perform with Madame Labords in
Q Did you hear any reproachful language use Of
by Benedict upon Fry in consequences o, his putting
Madame abore in that characters Question objected
@ va, the orche, ra on that occasion good or bad
cannot decide upon that question, because was the
! Q How was the chorus, A It was fair.
O. Was the liquor bar shut up In 1882
Mr.. Brsdy-whxt has that to do with the question.
We have not come to the champagne and hook Of Pha
g. Was the chorus Of the Italian opera At London all
! Italians, OF mixed nations A 1t was mixed.
@ or what nations was 1t composed A. There were
Italians, Germans, and even English
q Have you been manager of opera2 A. Yes
usually look to the abilities Of chorus singers; don't
ask where they come from.
circumstances would allow Ros ensdetti and Truf
fused to sing at the concert at the because it
under the name Of Strakosch
RRNEvRNrANo's TESTIMONY.
G. f. Beneventano sworn for defence testified fol-
lows II singer, and have besn engaged In that pro
fession In this country for years.
Mr. sandford-wsrs you employed by Messrs. sanqui.
rico and Patti IN 1847-'48S
Objected to by Mr. Jordan, counsel for plaintiff.
Mr. Sndford-For what time Sanquirico and Patti
conductors of an opera In New York;
Witness Through l8i647, to the end of April 1913.
In the season commenc ng in September and enting
IN the fsll OF le4s, there period when the sub
scrbsrs were ented to seatas A. There sub scrip
Q. How long your engagement for themp A. For
six months.
Q Did you perform the whole period for which you
Q Why not A. Because OF the unfortunate breaking
Q. How many representations which they engaged to
give, did they RiveS A. Ten or twelve
Do subscribers in advance for the whole period
When the breaking up occurred did the subscribers
receive anything for the nights which there
performances but which included in the Ison?
A. think not
During that season was there grand fancy ball
Did the breaking VI Of Sanquirico and Patti
after or before the fancy bala A. don't rscollect
q What is your present recollection Is to the suspen
If Ina hQl
A. must have very strong memsry to recolect after
seven years.
tell the true state OF the aair; know there ball
given, but don't know If the opera failed after be-
| fore
| O Was it about the time it failed7 Yes.
Q What the price for each subscriber night of
the subscription for that yearf A. think dollar and
| halfeaeh night.
will now ask you whether between that season and
the conducted by Mr. Frv which to be the
of nty five nights and which of fifty nghts9
| don't know about Mr.. Fry's.
Madame Rosina Pico viett here called upon the
but there Italian interpreter in the court
her examination postponed for the present.
FOSTERS TESTIMONY.
Mr.. G. G Foster was then called to the stand ard
sworn. His testimony is as follows -
9. What is your prefessions A. am journalist
How long have you been engaged in that profession in
| this city? A. Since June 1912.
@ Does it form any part of your business journal
lat to criticse operate ard theatrical representations
| herep A 1t does
Q Do you know Mr.. Frye A. Yes.
Q. When did you first become .quanted with him. A
! In the latter part OF September, in lSt5
O. We're yon at that time contributing TO ore OF
the journals in this city in PARTICULAR It vas either
at that tin e. almost immedia ely after beog intro
duced to Mr. Fry, that resumed connection with the
| Tribune
@ After YOU resumed it. how long did it continue A.
| During, think, this whole of that win Ter.
Q. After your acquaintance with Mr. Fry com menced
did you visit him frequsn y otherwise, at his rooms
| A. did
| q. Did vow write paragraphs for him A. For the en-
| terrrse in which he engaged.
@. In what payer they published A. In several
Q VIII you OF tn ,mf A, The Tribune tn,
Express the Sunday Mercury the Srndoy Times, believe
am MT surs; remember the Sunday Mrcuy and bs
lievs ths Sunday atlas ana Dispo,ch
O. Do he make you compensation for theHe services
A. For these and grner assistance Ia rrepars
| tho bills and ether literary services.
q. what was the suiount Of compeasadorg A. One
| hundred and hfty collars
| @. at the roonls Of Mr. Fry ~ho eers the gentlemen
q NJ