The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-03-23
THE OPERATIC WAR.
ssst~sS Avcgaaro and Wife againss Ole Bull.
FOURTH DISTRICT COURT.

stst~sr Avcgaaro and Wife againss Ole Bull
FOURTH DISTRICT COURT.
Before wn IL. Van Cott. Justice
This eare again called up for trial Tss plantG.
appeared and answered. jury was sworn, and the
was opened by MIR. B who stated that the claim
was for services rendered 10 Mr. Ole Bull then snager
of the New York Academy Of Music, by the plaintiffs,
on the part OF himself to play second violin la tie
chestra at sl5 per week aad Mrs AVogadro.
donna, at 81 per week each to perform four tnss
week. required and tha. they had 40 performed for
two weeks, sut acknowledged payment foe week
That the public were quite familiar with the aage
OF that concern and the various from tho
his intention 70 enter into the merits OF ths controversy
btween Mr. Bull and Mr. Maretzek IA he conceived taat
had nothing to do with this case.
TESTIMONY OF MAx MARxTZsK.
Max MsretzeA WAS ths frat witness called for the
plaintiff, and he testified as follows; am a musicnl
director was so under the management OF Ole Bull
at the Academy OF Mutc; hired the artists for that
opera Mrs Avogadra was 70 receive $l00 per month
weekly payments, for which she to sing in small
orchestra Tor s5 and both himself and wife were to
perform four times week II required; they performed
,ss mr. nu asTys 1ns M only my authority engage
hearsals.
Cross examined by Defendants couasel--o Had YOU
written Of verbal contract with Mr.. BUR A. For Ger.
tam purposes had written aushority from Mr. Bull;
but for such have stated as hiring Tor small parts
and'Ufg1estra, verbal contract.
q. Who was present whom this verbal contract was
mades A. There about l5o--a thsi. names can.
not remember.
O. Was this under the written verbal contract that
you hired these parties A. Under the verbal contract
q Did you execute written con ract with the plain.
tHsf A. i think not; am sure aid not with Mr. Ayo.
gadro; but think there few lines a. vouchers be.
tween me and Mr.. Avogadro.
Q. At what place did you receive the authority you
have spoken Of A. received the authority NJ No.
Clinton place, Mr. Bulls sidence about ths second
week in January last authorized engage chorus
by "a hal ant th1fit
On what terms, aud for whom DID he tel you to en-
own Judgment but was TO engage the parties in ths
name q ole Bun aco,
pesy Sa ~, there !, was one tas INTENDED e BE-
was intended TO be one Of that company Mr strakosc
O. why did you consult Mr. Bull in regard to hiring
these partiss A. Because wanted, an honest man
to my partner about such matters as interested
him, ana whom should engage.
Mrs Ayogsdro about thfee weeks before the opeans Of
the house, and Mr.. A. about one week.
O. When and why did you dissolve that partnership
A. never did dissolve that par,nership Mr OF. BuIi
a treacherous way, obtained the lease in his own
name. and that threw his partners away
o what DO you mean BY In a trescLerous sayY A.
Mr. Bull did not tell me when the lease was 20 be signed
o. Did mot tell YOU A. I saw YOU fMr Bniseiyl
around there very often and suelt something wrong
asked yon were you there oout the ease nd you said
yes but did not tell when II was 10 bo executed nor
" hat parties were TO be named in It,
O Have the parties In this action been paid anything
A. They have Tor one weeks seryees by Mr. Ols sI,u
through his secretary, Mr.. Watson.
q. Did you engage Mr.. Watson as seerstary9 A. No,
sr; Mr.. Watson engaged by Mr. ole Bull, through
Mr. strakosch In my pfe,ence on or about the 5th OF
January last
q. Who recommended Mr.. Watson A. Mr.. Strakosch,
at Mr. Bulls residence No S eli pton place.
q. How many times have Mr.. and Mrs. Avogairo per.
formed TO your knowledge A. Mr. Avoeadro as played
to my knowledge, seven times In pubic performance
and two dozen times in reheaIsa Mrs Avossdro sung
in " Favorito.n She was secunda donna
Y Where did the money come from to pay .hemf A..
don't know.
o. Did you ever pay themf A. | never did.
Q Did you give Mr.. Grove money 70 pay them
T. Did you ever give Nr. Grove any moneJ A. Yes,
cir gave him 500.
Y What forf A. To pay for certain advertisements
about the one thousand dollar opera which Mr.. Bull
advertised, but never did thing for Nj. Grove told
me he paid for those advertisements.
Avogadros A. No, sir nor no item to pay the orches
ira
" Nhat mas become OF the t2,t 400 which wors given
TO Mr. Grover A. don't know have not the vouchers
for the payments.
Plaintiffs counsel here objected 20 the dsfencs
entering INTO any oil the accounts bet~ess The parss,
oontending that The papers themselves could be pro
duc.d ara were the best evidences ior any hcn con
talned IN them
The objection was sustained and an exception takea
10 the ruling Oh the Court by defendants counsel
Direct examination resrmed-o. what, as director,
to the use, practice and custom.
obected 70 on the ground that 40 evidence OF custom
can he received IN this case The Court oyerrved the
question Tor the present. and here the pisnth restec
Dsfendhnt asked Tor non-suit on the grounh-Brr,
Cd fon, the evidence IN he nartner.hin ana .ssond