The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-13

October ls4S; sick upon the day Of the concert
had received the notice and rehsarfed three four
days before taken tck; could not sng that night
And sent certificate from NV physician Dr. rradeau
stating thst could not" she then goes on TO say hat
fhe went On to Philadelphia In day or two AFTER On
her crossexsmiastion she says - did not know Dr.
Forbes; hs called upon me- in the name OF M. Fry;
made the plar s acquaintance ard never spoks
to him but at IL tervew he only spoke TO cnce o.
twcen On her further nation, she assi what
Hs said was not sick with very nsolsot air. the Doc
tor get angry he obi scted what stated and offered
medicines which refused TO take. said had my own
physician, and believed he sufficient De- Forbes
said he could make we'll by tbs evening" the medicine
pie, but would not take them That Is the version
Which Madame Pico gives Il this an event she
20 positive y and that point she cannot be ig
norart As to the existence non exstence Of mals
oy, The doctor might have tesn mistaken. Tn is no
GO tain that an of by watch medical gen
epen intuitiyely know what really sils When
inc sposed. Now DR. Forbes ndertaks give oppo
tiie version, cor sdicting that Of Aaeame Pco He
rscoect the that given about the I'd Of Octo
eleven and her ASr
yere any Illness about herr Hqurea If che was
ae,s lrs she mentionSd one and then seeo and final
ss The
before mace an she said che had an laess
she throat and before examination there che told
me she was not siok at ALL
ask you now gentlemen, whether there Is not in the
fact that Forbes States that before making examns
ton, she told him fhe not sick at a-K there IL
not In that mere rcumstsDcs 10 connection with
her position, and what she had pre- 'ously done.
cheney If evidence reasonably believe that the state
ment was mistake on the part OF DR.. Forbes think
you will so conclude II IL utterly Incredible that she
stated that occasion that she sick at all
She denies it in terms rot to be mistaken she to
that show IL most aboto IA
II is impossible she could have
and this gentlemen undertakes TO tall YOU against her
oah and her acts that she 1T that time admitted TO him
The not sick ut ALL" submit that from the mere
tact in ITSELF having reference TO the position of the par
ts is entirely incredible that she any such ad
by what occurred Afterwards Now do you for moment
suppose that she would have told this gentlemanthe
Of the manager Fry that she was not SICK and she
knowing the existence Of the clause In her contract
to falling at performance The plaintiffs right to
nul the contract instantaneous upon hL receiving
such information: but assume in the absence Of any
showing the contrary that he did not receive
such information from DR.. Forbes his return from
visiting Madame Pico But however the fact Of this
laoys going to Philadelphia In day two after,
shows to my mind that she did not place herself In any
position whereby the plaintiff would have the right to
fsIing her services at Philadelphia But the plaintiff
shows most oonclusivey that he glad for any
shadow OF t. dismiss her. He found out at
Philadelphia that he had eng ged too many artses and
he thought that he could get rid Of this lady and
his contract to her $500 MONTH 1t would be all the
better for him He did not want the services Of the
forced the forfeiture provided for in the coz.
tract suppose S2C0ons months salary the forfeiture
rot performing upon that night for not singing ia one
duet and general finale with every else wherein
voice cannot pc announcer amid
din Of the bass drums, bassoons, AMI all those other
instruments used upon such Mr. Fry had the
option either of osncslng the contract or taking the
s2O0 forfeths choose the former course But though
the plaintiff nsy have supported that he had good lega
ground Tor cancenDg the contract In what he though
the simulated illness Of Madame Poa take it that hi
x.s tn. to sss doc. not
says she assigned for not appearing At the concert
she wfhed to spend the ming with vstt whom she
tie next day-I deem it utterly absurd. cannot
conceive, myself how tenacious those attschmenta may
BE- or how unyieding they are IN thsir demands, but
metms within twenty four hours previous to man 3
departure from those to whom he may be attached.
tAse not any experience in the matter myself but think
the assigned is frivolous in the extreme 1t ap.
pears to that Dr. Forbes has got the wrong scene
his mind when he into urt to testify there Ia
shows that she believed herself to be In the right When
she returns New York. 1t engages the services
Of Ia @yershe places the case in the hands Of Ar. 4.
Emmett now the bench) to enforce her contract wi Ii
Mr. Fry Do you suppose that an intelligent lady like
this aad she Is lady of talent without DOUBT would
Of enforcing it against the other contracting party
having the knowledge that her sickness had been fsgne
in Order 10 enjoy the compa,y Of gentleman, and,
therefore, had 20 ground Of action ! No, gentle
men submit that her oah nat she was sick
At the time, ia Consistent with her co,duos through
cut the transaation,r and is inconsisssat with
upon that poin and stands by ell hs collateral circun
stances OF the affair, AND that there many circum
~, q
any unpreudiced that the DR.. was mistaken. Pico
says that when che could not obtain amcabs arrange
ment ss to her difference with Mr. Fry-shs had waiec
here two mcnthsshs then had TO go mother country
10 fulfil engagement In order to obtain her means Of
support and directed her council not to pursue he mat
ter further The counsel on the opposite eide possibly
wal say that her abandoning the suit is proof of her
having just ground OF action The matter st issue in
conlroversy OF that kind would be to which lady
illness was 10 be the subject for the determination Of
jury was IN itse sufficient without other to de-
ter her from prosecuting the suit to trial In regard
the fact of being very much ndspcsed yet the illness
not percepti5o 70 casual observer, l think l can
state fscta from my own personal that should
be convincing that subject 1t is within my exps
rence to address, in this xr the adjoining chamber
when suffered the most pogn Ant and painful Illness yet
think IL the testimony Of the bysande had been taken
willing to be judged by bystandsrs, to illness
which, OF Its own nature was of extern obser
vasion There may be power OF solntsnanoe that can
to the external observation the susrngs which, at the
instant perbaps Is accute and almost ond endurance
ray, that ON question Of this kind, lady might well
he state to bring 1t into public court at AL She might
content with indemnify ing herself by getting another
esew aers fearing wou lose her costs upon
prosecuting the suit otxecution II we judge from
the expenses Of the before he became opera
mansRer had been clerk in the dry goods business
unsuccessful editor real estate agent and 1t IL
able to suppose that he had not accumulated large for
tune and moreover his theatrical wardrobe covered
BY mortgage think Mr. Fry's limited means wonld
have been sufficient ground to bring against
him, in fear Of losing the execution only throw out
these observations by the way not knowing what the
other side viii advance, so thst you may take them into
consideration with whatever asperssns the ingenuity Of
my learned opponent may cast upon the Witness say,
them in regard to the actual accuracy will be
Ianted in taking Madame icos statement of the case
and very ubwarranted In axiug any discredit to it.
But gentlemen, the HERALD did not make it the beet
Of comment. However. intend to show you what
another newspaper said on that OCCASION will not
further comment upon tnow Enough to saw 1t not
the subject OF remark by Mr. Bennett or the HERALD
Here them WAS the beginning of the cifculty without
any newspaper interference at ALL it began from Frys
differing with his orS There trouble between them
Mt all events, and II unmportant to person
menting upon such matter which patty vas the most
in fault IL the trouble of such character Gu
dapeered the Of the enter prize, it a sufi-
cient and legitimate ground for newspaper comment
Another circumstance To wni,h viii aIuds IL tta Mr..
Ros desired certain sosiion and NJ. Fry promised IL
10 him. NJ. Fly afterwards denied that he made the
promise, aud in plain English told Dir. Isossi when
minding him II the promise, that he lied Mr.. Rossi
Gays that thinking this strange conduct the part Of
Mr. Fry, and thinking 1t improper to strike hin In his
room, he and left the house, any gentle
would do under the circumstances. SO find
Mr. Fry brought to this pass in hi a.rs unim pedsd
nd, uuAfs ated nv lhe NpRK In