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

euember what has not taken place % Aur f1oo
AXE place. and he swearn that something happened which
Tie did not happen Both cannot be swearing tbs
AN remember What never had an existsn o. You
therefore got TO reconcile with truth the other Of the
two statsments which are With sssh other
You must take all the circumstances into account the
int rest the feeling the reputation At stake and other
evinoet by the witnesses according to the
Forbes 10 not to be received good and Trustworthy
weud like to know what testimony can be regarded as
such you reject his disntsre ted testimony and pre-
fer that Of the other witness who wantony assasd
the plaintiff, may do but It wiz not evnce mucn
Of honest intelligent regard fer your duties as jury
But there are other witnesses who would turn the
scale this point II 1t balanced One of these wit
that che stated herself in the presence
of vet her husband that the reason why she did not
attend the evening question was that she wanted
spend the evening with her husband who going to
Havana mex, morning Why was he rot here 10 give
were equally ksniitled to credit, her statement
true she ud easily get her husband and her doctor to
concled ore or the other must false This all
to say about Pisos testimony Suppose Dr. Forbes to go
back from Pi,o and tell Mr. Fry that Madame Piso first
alleged she sck-sayng at one time she sick in
place. and when that spot examined, saying she
sick here else and finally told him she not
tek at ALL that her husband there and going OF
in the morning she wanted spend the evening with
him. what would any intelligent honest man do nader
the circumsances Why Of course cancel the contract
of absence cancels the contract So aad
that she showed refractory disposition when she said
o
embarrass her. would not Mr. Fry be utterly imbscils II
he had borne this condnct the part Of Poo and had
gone and nAered and ceaxsa her. And got her on the
stage whenever he could Hs cancelled her contrac
am rot trying the Italian people, but James Cor
don Bennett; but it is necessary to speak OF them
in ec,ion with him, as their champion and de-
fender, who nbelled my client their behalf
to examine their testimony in relation TO
Fico What do they sayS That NJ Fry took adyantags
contract snd cut her sdrift because she did not sing
though she sick and he caused her to be abused in
sequence of this sickness Is there any evidence OF ths
There ia not particle On the contrary, does not the
testimony show that Benedett who had an interest OF
81 OCO inv lved in the failure, with Bennett ~
Hast ngs cmpasy with these Italian artistsin com
parry with Pco by her declaration who had resolved
to tnbarrass Fry, and who refused to sing when called
in complain with the terms of her contract Did
VI Fry then cancel her contract because sa sick
had resolved not to sing and thus to
next day t. sirg She got we'll very soon. She there
gave formal notice to Mr. Fry that she ready to COM
pleased. he said, madame, you have violated your
contract and have cancelled it. have nothing moe to
rier at the hands Of Mr. Fry Not word Of dispute
passed be en- she simply refused to do her
duty under the contract AID he simply cancelled that con-
he had right to do believe in the cas- of Pico
the plaintiffs not accused of backmaing the wspspsrs
Yes they have toothey have said he caused her to oe
sourdly ed in the wspspers should like to know
who abu sd be,2 Is tt ere any pro that Mr. Fry did III
If the gentleman the other side place his finger on
any evidence of this kind give him leave to interrupt
nothing under heaven show that he abused her in the
news papers caused her to be abused II is sheer
fabI cston-a sheer ie-deSera;ely penned and deib
eratslv published by the defendant in his HERALD of the
Sd OF November This is libel enough to coaVict him, IL
hero nothing ess in the case charge OF dis
hor orabe tranat tion. There something mean in maa
abusing lady in backnsl that he has cor
rupeo for that purpose This defend ant has set this
in justification ia his psadipgs but he has proved it
and cannot prove Yet we are told Bennett very
forbesfipe that he meant harm, that it was only
fair cftcism and that no action lies for the publication
Ca braifh nea at
handed Dr. Jordan the article that he might re.d it,
Mr. JORDAN do not propose to read it. want the Her.
Of the LIST Decent lS48 Before proceed however,
would call your attention to accusation made against
client in relation Rossi. 1t sometime in Sep
frat of October Rossi went to Fry and said 10 him that
he had prom ed to give him sclo for the concert Fry
replied that he had not and there solo announced
in the programme Ross insisted that he had promised
Fry insisted thst he had not Bennett got up-I meant
to say Ros In their plea Of justification they say that
Fry assaulted Rossi However that may be there vas
subject the evidence of Rossi himself He probably mis-
took what Fry said Whether Rossi the lie or not
- MateIe ssrsI,on. Kos.i svesrs mat Fry said he
rts,a no. 'ake tht lie from hi but when through an
'o' pre-. WAS cro5a- examined he took that back
and ad lie cid not recollect that Fly had said So But
haretzek who vas present. said there high words
not telling the truth. That was the testimony of Ma
retzek sIo,her witness introduced by the defendant
a. az, sh !. sve5n there was grand flare up;
the lie, because charge Of s1srecolection or
ulinteDtioral Misrepresentation would not be sufficient
to cause him to strike at large rs Rossi.
Mr. Fry sa gentleman Of hoee !eeIogs and that dspo
stop that be would net take the lie from any II he
were the size of Goah One gentleman takes the
lie from another unless he strikes him. Giving You the
lie is an Invitation to you to atrike, and you do
strike You are Justly regarded coward Ross deposed
that Fry said, Iu struck (meaning Pl strike you.n
1t to be presumed therefore, Fry understood Roasi az
giving him the lie plump that small he was before that
Herculean he would have struck him. He ought to
have done he did give him the lie; but he did
strike him. They say that hs with his clenched
fist. That is not sworn to. There the matter ended
Was there any i'll will treasured up consequence Not
at all 1t was only sudden bathurst Of a,son at most
Next day al calm and quiet Rossi performed in the
concert all through. There further difficulty be-
Maretzek he never saw him out Of temper but
twice all the season, and that the occasions
such company as that and these artists being high
strung individuals as Madame Pico seems TO be-
to get along with such com pany, with al their mul
Hilarious and conflicting interests he very fortunate
man indeed that he showed bad temper but vice.
30 Aaretzel swears and who to the contrary
Now that the Pico matter is disposed Of proceed to
the of Trufi. Truff went to Philadelphia. She
showed no disposition to obgs, If not to embsrass La
Fata swears that the company we're warned that they
the concert out of troupe two hundred every
on except Tru& and Benedsti They were ready for
heassal on Tdesd.y for playing on Wednesday night
II uM and Benedet,i did not go. Why? Because they
had not time to pack their trunls What had they to
lackY la Fata took charge of ell the wardrobe and
sceEery They had nothing but pers nal matters to put
in their trunks They had notice week before that they
mutt on next morning after the concert. Now is it
true that they showed indi.poson to obgs and TO d
81 thu up to The letter and spirit knowing that
the play was to come oil on "Wednesday, and that they
10 rehearse Tuesday Did they act good faith
Was it true that they had not time pack their trunks
Neither Of them makes the excuse that Trun SICK
but simply TIL they had not time to pack their trunks
That is what both swear.
Here Mr. Jordan sat down, apparently excited, and
sad-Ths is NEST abor iaabe, Cooking significantly to-
wards defendants counsel ii there is to be running
CON ment on what say as go on may as we'll stop
Court-fhere must be no interruptions
Mr. Sandord--H the gentleman refers to me- can |
only say that erely spole to my colleague here in
whisper which could not be heard and not refer
ring 10 rhat counsel was saying at all merely asked
my assistant to refer to the testimony Of TrRGi
Mr. Jorden-1 know the game that is being played |
II will not oisconceri me- aud don't know that the jury
care about it either Counsel then cited the testimony
Of Bt Lede til add Tru to show that having Tins
pack their trunks their soe for being
their post Re then proccsGsdAt tae expense Of great
teoousness nd 6uLess have ene mir utey ao this
tier in order that her the counsel at the side
nor myself, any other counsel, may have any
rore 10 say about Il. have proved that Trafi aud
Reneestti got week notice Both say that they had