The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-10
THE GREAT orERATIC CASE.
Prosecution 81 the New York Herald by
sIgnor Fry, late Manager Of the Asto'
Place OPERA

Prosecution ~ tho New York Herald ny
signor Fry, late Manager Of the Astor
SUPERIOR COURT.
Before Judge Oakley.
CONCLUSION FOURTH DAT.
The following are the dispositions of sgnor ssto Bens-
detti ana Madame Teresa Truhi Bsnedstti mentioned
yesterday o. having read prior to the sdouernmn Of the
court
DEPOSITION OF MADAME TRuFFI BENEDICT.
The examination Of Theresa Trnfi Benede II produced,
PENDANT Of the foregoing order In the above
entitled cause New York, June II. .S1S r. -. ,.,
tiff and if So long have you been acquainted with
hma A. Yes am and have known him since May, lsa7
or ls4s entered engagement with Mr. Fry on the
6rst of October 1913 my performance for him was at
given by him at the tabernacle In the CITY OF
New York on the second Of October 1 aS4S v, r,,
O. How long after the concert At the Tabernacle A.
when we're you notified to 60 to Philadelphia to pr
form9 A. From eleven to half past eleven O'Clock on the
Did ven 20 10 Philadelphia on the following day, and
at what hour A. went the next day. In thu afternoon
train sick; the weather was awful raining very
How long did you continue to be Ill after you arrived
in Philadelphia A. Frem ten to twelve days; ar
rived at half past O'Clock In the evening at Phi
ladslpha, and was next morning to rshearse Norma"
and sgain the day In the evanng; and on the
and periormsd in the opera Of "Norma the night
O. Did Mr. Fry know that you were ll9 A. Certainly
he knew that was sick, but he did not believe that was
Q Did you inform Mr. Fry that you 9 A. Yes,
informed Mr. Fry well Mr. Maretrek the director Of
=. he Was 10 r nj y sI
the opere of "Norms" the evening last referred tor
A. No. had leave the stage after the first allegro Of
| the cavatina this was Ia the first act.
O. Did you resume or were you able to perform your
part in the that night and if not state the reasons
why A. No, because was very sick, and tainted as
went into my dressingroom, and sent for Ben
edett TO call carriage for and to send me hone
had feyer performed ag lin in Philadelphia three or
four days after my Illness performed Norma although
was not entirely cured, but to please MT. Fry;
to the defen .ant to be published in the HERALD? Yes
did send it. because, arriving in New YORK; found that
the newspapers which had read in Philadelphia, too
against me- and my letter sent for the purpose
giving the public arue statement of my Sickness and
aao Of what happened during my engagement with Mr.
& Please to look at the printed extract marked (A)
cay whether it is true copy Of your aforesaid letter
to the defendant A. Yes sir, it Is.
under your controlY A. No.
G. Are the statements contained in your Aforesaid letter
true2 A. Yes, they right and true
q Did you have any conversation with the defendant
in regard to the publication that letter before Il
him on the subject A. Neither before after.
G. When and where the letter written? A. At the
day was written was before my aa in III
BcIga" at the Ator Place House. and soon after re-
ing it was published in the paper.
Q. Do you remember in what newspapers here in
Philadelphia you saw the attacks upon You which You
have spoken Of A. The Pansyluanian and almost all
the Philadelphia papers the same with the newspapers
which it was said that they did not want to publish the
letter sent by the management Of Mr. Fry against me-
they knew and could not believe the statement made
in the letter sent to them to be published injurious to my
character as woman and an artist. The whole answer
objected to, as being made leading, and because the
Did you see any article Of that description or tenor
in the HERALD objected to unless the HERALD is pro.
@ Eow long have you baen engaged in the profession
of singing as prima donna in the Italian opsral A.
About five years in America about eight years in all
houses and under whom Is nsnsssrs A. At Rome,
Turin Cremona, Bergamo in New York Philadelphia and
in Italy at the Argentine theatre Rome the Concorda
in Cremona CarrgnAno in Turin and in different thea
tres in America one Of the managers in Italy was Ls.ar
@. From your experience artist in the different
theatres are you able to testify Is to the qualifications
and frness Of person to manage and conduct opera
house such the Aston place opera house A. think
myself able to Judge Of the qualifications OF manage.
conduct opera house, they many and many but
the principal one that tbs manager has to IKE his
Art sts all the same and not to put down any artist OF
O. How long cid you continue TO sing under Mr. Fry's
management? Q. Six months.
O. Was Mr.. Fry qualified to manage the Aston place
Cross examined by plantif-Q Look at the contract
now produced and shown to you, copy Of which is
A.
thereto Of Theresa Tru and say whether the same is
your and is the that you made
With Mr.. Fry? A. Yes, 1t is the contract and my sig
O. Has not M Fry faithfully performed the engage
ment of that contract with you? A. About money mat
O. What exceptions any, do you wi.h to make that
he did not perform? A. In having treated me badly, by
q. Anything elsss That Fiat is enough; NJ Fry was
not in my custody but what know is that articles were
| knnvr Lao - han Ia mr.
ordered by him SELF would allow to be published art cles
against his ors; 1t is not on this account only but
Fry, because the night which Lucrezia BogA"
performed at the Aston Place OPERA Mr. Fry and Mr.
told that he regretted my letter in the HERALD
and answered was not my fault but that OF Mr. Fry,
yho his b,Gthe, to wI t., articles .san me 10
and Of course ought to believe that NJ Fry vas the
| guilty person.
@ Have you any other to believe that Mr. Fry
caused articles to be written and published in tbs paper,
against you than the you have already given
A. Certainly have no other reason except that Mr. Fry
did not exonerate himself from the accusation made
against him in prefence of Ct If he had not been guilty.
he would have made some excuses therefore firmly hs-
sve that he Mr. Fry either did, caused to be done,
the articles against ne in the newspapers.
Q, Do you really believe that Mr.. frys brother ever
where and when A. h.ve already alid ia Philadepha
Ihave already stated that this occurred in Phladelpha,
the broth. q Mr. Fry a s SAYING I'm
performance ''Norm." at Philadelphia, when pre-.
sented myself upon the stage.
Q. What newspaper newspapers do you refer to in
Philadelphia A. saio be fore in the PennylrGnidn and
almo,t all the rest, but can't recoect the names
What vas the purport Of the articles against you
A. They spoke badly of me about my singing and nay de-
4 portme Mt as artist.
q. What do you me an by department as an artist? A.
On account OF the newspapers saying that runiog
Mr. Fry by my capces and that sung badly in purpose
when on the contrary M Fry knew that was really lick
and that the doctor Mr. Iagus, told him in my pre-
| sence that was really sick.
Q. Can you mention any newspaper in New York, BY
name, that spoke against you? A. The Tribune and the
C0ig Gnd Enquirer, IIcmember, before my card appear
| cd in the HERALD; those all that | remember By
|
q What the first opera given TO you to rshearse
at the commencement of your engagement A. "Norma u
q. About how long this before the concert was
| given at the TabernacleS A. About t, 0 weeks
Do you ecollect about how many shearsals OF Nor
MAJ you Lad before you went to Philadelphia? A. Five
| six.
@ When the opera was given to you to rehesree was