The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-08

public Journal to utter in relation to his enterprise
Now tbs FIRST cls Of .SSh he complains appeared on
Season-Ops ming of Trouble"
Mr.. SANpFoRD read this and other extracts, and
tended that contained nothing than opn
ion Of the editor which he had perfect right to give
the public in his capacity Is public journalist. Mr..
Benz EFT had motive what<ver to withhold from NJ.
Fry his friendly assistance and aid The learned council
recspulsted the alleged lbes and read the alleged IL
bsous articles at length The second article oained
OF published tina LIST o. De cembsr, ls4s. The
date shows the Ab,ence Of any malice 1t was nothing
but publication of the card or programme, with such
comments upon 1t entered the mil Of the writer.
ContrsstI the GERALD account with that Of the Others
1t will be found mors favorable than theirs 1t
ranted by all the facts and there be ground Of
We shall Sa she. ns1 ro
fit to prosecute. Again Mr.. Bennett
but giving his own opinion upon Mr. Fry's
management. Mr. Benedict says that Mr.. Fry and his
Instruments have DETAINED his character an artist
The pursued by him towards Rossi ard Truf
sasustsd to to drive them away from Mr. F which would
In reference to the right OF criticism quotations
given nom First Campbs 354, in the of Sir John
warranted by the facsP Did the editor OF this paper
duly exercise his rights citizen and critic in hold
ing up the errors OF Mr. Frys manaa sments When the
case is fully before you you will find cause for
which the defendant should be mulotse in damages.
there had been thing reprehens BILE about his
they would have rested the two alleged
libels; but they have bakers dozen The seventh al
legged libel came out the Sd OF January. This
announcement of grand fancy ball. Here tn. article
in question read The eighth is very short like the
preceding, and consists of an alluson Article also
read The ninth published on the 9th Of January,
lS59 and referred to the Sim benefit How uttery
barren ii of beous matter will be apparent when
you he obliged to string togsher dozen of them
here somebody else than Nj Fry, and refers to
certain description Of people called fancy This is
the managers and not on Fry The eleventh pub
hshed the sth OF February, and in the one
ferring to Jack Harrison | cannot any
mpntaiiop upon anybody in it On the 18th OF Fsbru-
airy the last libel published Does Mr. Bennett in this
or m a at IN mn N Mr.
Fry into his private life Nc. In word, when Mr..
Fry before The public and assumed the drec Of
an Italian opera, place of publ amusement, he ia
reality invited criticism; and under such
any had q right to ay what he thought of him and
his msnaeement The idea that tei, muny is to be
gagged and ammeled in such matter that has
been sanctioned by law If there be anything that
constitutes valuable privilege of American citizen
the privilege OF thinking what plsases and express
ing what he thinks and the who place themselves
in public positions open and liable to criticism.
The utmost that be alleged the part of Mr Fry is
that it prevented him from ing the project into
cution But what Is the upon which claim for DANA
ges can be foundedg Mr. Bennett ard his paper have
have been employed to sspe up the agony There is it
citation OF damages which will compensate
Mr. Fry for his efforts of defamation / have already
heard Mr. Bennett called fend by one of the counsel
The assumption that be i the editor of blA ckma news
paper Is only repetition OF slander which has been
indig any and repeatedly denied 1t has been often
repeated that do not know but what there may be
latent belief in the minds of that this Is the fact
charge has been made again and again but the
little evidence furnished that that paper
was ever a purchaseabe paper Add say to you that
you not to commit yourselves to be influenced by
these charges II you do permit yourselves to be so
moved you will be made the instrument, of great moral
injustice. The nAgement Of this journal has always
outlay of expenditure wholly unparalleled in this
country. call upon you to lay aside all prejudces in
this case Deal with it upon the facts subited to you
in evidence and decide calmly and fairly and the defend
ant will be content with your verdict.
THIRD DAY.
DEC. AT the opening Of the court this morning.
Benjamin Galbraith, called for the defence. deposed
Q. you acquainted with Madame Der edetti Truhi
A. Yes Q Where is she at the present time. A. She
is il Europe.
septimeo Rossi sworn-Q Are you acquainted with Ell
ward Fry2 A. am. Q. When did y,u first become
acquainted with him A. In the year 1913 Q We're
you o, the members of The It.an Opera Com pAny at
that time A. Yes was employed as bass singer
Q. Who employed yon A. Mr.. Fry Q In what line of
characters were you to perform A. was the primo
before the opening of the operate season A. There
was. O. At what time that concert given A. do
not recoilect precisely Was it in September or oc
tober 2 A. 1t was. @ Before that concert given
anything said to you with regard to performing in
it and If %, what
The for the plaintiff wished to tnsw what the
learned counsel intended to prove BIZ this question.
The COUNSEL fer ,he defence said that he INTENDED to
that tho witness had had interview with Mr..
Fry and that Mr. Fry had arranged with him to perform
1t the cert and sing solo, that he afterwards left
Mr. Eossis cut Of the bill ana that controversy
arose between them which resulted in an assault.
TIE Court allowed the question 10 be put.
@ Before that did you any nerview with
Hr Fry to the part which you to take in it A.
Some days previous 70 the concert he came TO aad
asked 10 sing salo from Marine F,l~ro the cay
when the bill came out did Tot my name on it;
hen vert 10 Mr. Fry and assea him why he had not put
ny in the bl said q not proini, you Any
thing; answered you promised M y he then
angry, and lose from his seat and gave hard
WORDS; he said " II strike you those the precise
strike you : A. He did not, q What was his position
when ne raid III strike youS' A DO not know pre-
cisey but he advanced near to me- Q Had be bis fist
/ da not In Wh man
did he approach your A In a nenacing manner; do
not recolect in what particular because it is
By the Court-C.n you state any sircu instances con-
necte6 with III A. in the house, and 1t done
n q moment; was surprised ct his proceedings
Direct resumed-Q Mr. Rossi, do you know the number
If the company OF that opera season? A About fifty
members Q. During that there any quar-
rsls between Mr. Fry and any members Of bis company
Yes; with Mr.. Bsnedstti Q Were you st Philac ell
phia while the company were mpg there in opera?
was @ Do you recollect the first representation at
Philadelphia A. do. q Was Sgnorna Truii inais.
pc sed that o,casion A. Yes q Do you recollect
he character which the toosS A. 1t was Norma q.
,ven by Mr.. Fry to any personsS On one night, bat
.as not present; after the retsarsal OF Linda de
'hsmouni ! was present when everything was
ave the suppe,S 4. Mr.. Fry To whom was
I given A. To all the ortides OF the company
Did you any heck and champagne there! A. Yes.
How long have you been connected with the epresen
alton of Italian opera In this country Europe A. In
his country from thefs Of ls47 until We're you
'ne q ofRanz~u tne hstof
lace Opera Housef l was Q. Had you not been
,ectsd with the opera Ia Europes A. had O. At what
aaces have you performed A. AT Venice and other
,tes @. From your knowledg, of the qualities which
cessary for the OF opera company,
vas Mr. Fry in your Judgment. at to manage ones
The counsel for plaintiff objected the gre und that
the witness merely singer, and not petent
to give opinion on the subject
The counse for defendant piled at length,
tending that the witness from his long experience in his
profession, was competent to answer the question
The question was permitted.
Witness--I think not. Q We're the members OF his
mpany composed Of ople Of different countries? A.
They Italians and some French. z We're
there any Germans in his company? A Not that reco
lect. @ Were there any in the orchestra A. Yes. O.
lid you hear Mr. Fry anything dspar OF his
Italian artites, DID aay difficulty between him
ane Signo.ins Trpfi WAS no. present. a. We're
you pi esent a. any difficulty ping your own' A.
pss not WAS no. present a. the difficulty with Bene
detti va. IL my - the time. Q Vas the
difficulty that between you sd Fry relation
TO the concert reconci.d A. He made any
apology; forgsveIt DO you rec Il 81 any difficulty
that occurred the first nigt OF the rep sse,ta
lion A. was not pres mt NJ the first representation
O. Did any eminent artstss arrive after that and Join
your company, after the nencement Of the season