The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-14
TIE GREAT OPERATE CASE.
Prosseutaoa o. the New York Herald by
sAgnOr Fry, late Manager OF the Italian
Opera at AStOr Place.

Prooseutaoa o. the New York Herald by
UagnOr Fry, late Manager OF the Italian
Opera at .ASt0r Place.
SUPERIOR oovaR.
Before Hon Judge Oakley.
CONCLUSION OF THE ARGuMENr OF Nh. sANDr0RD
FoR TIE DKFHNCl
The plaintiff complains of the In which he was
treated In defendants paper but pursued an indspsadsst
IN hi CRITICS and only infuensed In the
expression Of his opinion by the character OF the psror
Bat II different with the plaintiff, he Abus ID
oss but h.rs sis no
ment of him for having used those newspapers that
could be purchased fer the purpose We have proved
anything In this case, have shown that he not
Possessed Of the requisite tact genius enterprise
that his tactics not calculated 70 insure success
he led his army into Russia and that he cau out with
as little honor from the campaign Mr. Fry had Madame
not shown whether he did or not but we charg. mai
ne caused the publications TO DO made IN wnien
hsna n,ovss ,s., srso,ly as far as regards rru
"a there any difference in regard to hs right to remark
upon this As an existing ae This Ia the emily part that
here but had not the Of getting 1t the fact
with regard to the Of abuse therefore did not
attempt to trace 1t 1t was "a outrage upoa the mem
OF his eompar for him to represent Truth having
broken down in the part Of Norma, and to charge her
with having fegned illness that she did not have
The cAncslDg Of the contract account of this illness
proved and 1t regsrde happy iniispcsition
that lbed him to sncsl it he desired get lid Of
her services the opportunity was to him for whsthsr
she tainted she did not care to hAvet the snbsc Of
acdiciA investigation Ia thu fsst place, therefore he
took sdvaE tsge OF the OF Pco Illegally to cancel
her contract but there is such imputaton that
MADE aganst him in the article All that it contains
is, that 1t fortunate circumstAnce, because
enabled him get RID Of tina engagement II ii
real sicbnes he had right to take advantage of 1t
The charge Is s.o made against tbs defendant that he
accused the plaintiff making Of black mail swspapsrs
This is = common srn and yet don't know that tn.
IS entirely forced and unnatural construction to charge
the defendant with saying that Mr. Fry corrupted any
the ars libel and III that relates to the traffic part Of
this action We claim hat it is proved to be true the
letter. in regard to fact contained In the publca
sion and the commentary upon 1t The attempt to
nect anybody eencsa nsd In the management of the
not be proved Miss rruf says she wrote the card her
SELF and the friend who translated it, Beusdelti says
mot ,h write. s. 10, any ns.spspss olss
claim for pscunary damages You viii recoltct that
iron, tbs publication Of Madame Bsnsdttis card to the
relation to the psiaf until he had appeared In person
the stage and denounced his principal tenor Mr. Bone
and added most amour ded charge against him. that he
said shs sings rdioulousy and lie not At to sing with
after the this Napoleon should pursue had
made subject OF consultation with the staff OF thu hs
cali upon his council and his legal medical and literary
advisers accordingly called in Tho quest on was
then, shall go before the public to dsnouncs Bsnsdst
he was TO act is no artist, what shall We DOT
dent know what these gentlemen thought FOR really
don't know how the controversy coula have arisen
but know from the testimony Of Mr. Foster that they
did not pursue the he advised So much know
that 90 far As tie Literary part Of the
cd 1t not considered prudent for the gene
raj In chief to pursne 1t was not d. emsd eIpsdsnt
s par. Of s q
manageable. Way should he rush ON In antclpa
ton of the difficulty and create irreconcsbs dislike
the part of the public 70 Mr. Benedict about diff
Guilty betv him and Mr. and Madame Labords, In
gard to what he alleged 10 have said about the moon
potency of that lady. Now ask there not enough
in that fact prove th manager incapable Of conduct
ing the business in which Re BE rushed in
,ty that occsred showing therein want Of Judgment
tact and skill necessary an enterprise of this charac
s
correct
sion Mr. Fry stepped !, front Of the curtain and said
an compelled 70 make Known to You that in e.nv.r,.
ioa h.i with ssnoT Bap.dst hs IA; refused
STATING that he wished eonpromis. his talsn. with
who very abls to sing the part Of Adina but
crested great sensation and followed
act ssnor an nsns
the shsre ' a. Of %
sond act 81, aessI E,y Colt J. " Gsrnsd and other men.
amin .ssd ths. afsss
sad S ss affair s IL n1 s
signor Benre selling his sword made thrust q thu
, NJ 4 s e, 70 s
The Of toe oper. house was very
minated ana the .sssn.e seemed b divided into
tenor But all the though with diff rent pinio.s
Srons 10 coming or in the %SSs Of the perform to
hs al, hs a i = sss b
public it had better been after the psrfor
the dag through the medium Of tho
That was the HAIDs account of it. and it is proved to
be by every witness who has been examined but
Of the other reporters instead Of saying he d not
wish to compromise his talents said the language of
sing Win var srss fhs Va. suSdusd by IL.
reporter Of the HERALD, and stated in gsntemany
Now win read to you the report Of the same matter ~
contained in the article Of the Cour'er;-
sasp md
sSa sing e. Of rS a /. m.
s M y ". and nd, va mot IT. 70 IS, v
to which HSn only be NJ ard .a s , Mh only
ss ssamisss, asa
e S. as nsss u.
Fry used abusive sngusgs snd secu ed hi OF dr false
aISd srsn him in The es face Bsssdss arsw his
S oas e M iss and
the third act was a. the close Of which the audiences de-
From this you win perceive the difference between the
unb aased and BIASED criticism Of the course hs bad
pursued. Here ia question arising with regard to the
malice Of the pubcati Of this matter, and upon that
your attention with regard to the language OF these
journals employed, and that Of tie HERALD, which
made criticisms already warranted By the facts. Here
perceive the dierene between the reporter OF the
HERALD and that of the cosi. The Tri6uss account Is
this
tb.t sgnor Benedict sen. for Mr. Fry during
the tho Of Lucr and told him that
be would not sing Poone in Norma Friday evening,
Madame Laborde had herself ridiculous Ia
Norma and not TT TO sing with artist, tell
ing that the public his and h. Fry
saying that ii such the tho public shoald
tae fics INN ediay went before the curtain and
stated what Benedetti had said The audisnoe loudly
pauded the and loudly hmei Bensdett upon
bis in the second act Meantime the COMMITTEES Of
subscribers attempte 70 compromise the matter and Bene
detti promised to Friday night Upon meeting Me-
Fry however be at abusing saying hs
IL public whss not true, and that in
thrt he liar Upon this Fry imme iatey laid down
opers glass and hat and antsd right handler in the face
hapdsons Benedict then drew his sword and
made at TIL fmpresaro when they were separated
and the performance
The tnrfesoro here, suppose means the - ne NApo
leon That is the account given by the Tribune Upon
the of these facts the HERALD the la