The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-09-03
II il E OP Err A.
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The Libel Suits Of Max MaretZek
and the Sunday Press.
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The Complaints and Answers and
Special Pleadings.
&c. &c. &c.
THE FIRST SUIT.


shows TO this that the plaintiff. is good, true,
honest just and faithful citizen of the state of New
York aud az such has always conducted himself, and
has been reputed accepted and esteemed among his
neghbors and other good and worthy citizens OF his
State whom he was in anywise known 10 be person
Of good name fame and credit that he is and has been
than lfteen years last past in business as con
ductor manager OF troupe or company OF opera
singers musicians and performers and ia said business
been has acquired great reputation and credit,
good fame and has conducted his business at
all times with credit skill and respectability, aud good
faith towards the public and those who attended or
were in the habit of requenng the performances given
by the said plaintiff and his said company
And the plaintiff further says thet he has
mitted or been guilty Of the maiters o, any Of them
alleged intended to be charged by the defendant in the
bellous matter hereinafter set out.
And the plaintiff further says he has for many years
past-to wit for fourteen years last past-at divers
times leased demised and hired, for the purpose OF
giving representations OF operas, spectaclcs and
other performances by and with his said troupe and
company various public buildings in the city Of New
York, and other cities among others the building or
opera house in the city of New York known the Aca
with credit and q good name, and to many numerous
large and respectable audiences and persons and with
great gains and receipts Of money therefor And III"
plaintiff further says that the costs and expenses OF the
maintenance and carrying OF the said business and
payment Of the of his said business is and "as
very great that his sole dependence for the carrying
of the same and for his livelihood, and that OF his
n sa Is Sas,ness as And he pSn further saws his
abito to perform his engagements under the lease anu
each demise hiring lease of said Academy Of MUSIC
by him. aud Is dependent the success OF the pre-
vous hiring or performances given therein.
And tlfc plaintiff further says that before the com
Of this aconto wit, on or about the 18th
day of May 1s63he leased and hired the sad Academy
of Music for the term OF Ave months said term to be ex
tended If the performances by the plaintiff sho I'D
be successful pay the expenses of the performance
and enable him TO pay for the Academy and maintain
himself and family
And the plaintiff shows that for the purpose Of carry
ing his sad business during the said term and during
snch further terms as he might he able to carry on the
nd In uiv
and other performances and specaces connected
with his said business, he laid ont and expended and
became. and liable for large sum of iioncy-to
wit the OF thirty thousand dollars and upwards ia
and about the engaging and paying OF numerous singers
and about getting up aud performing OF said operas
and specaces, and the said Acadomy OF Music and h's
And the plaintiff says that the said defendants pub
fishers, editors and proprlciors Of public newspaper
printed and published In tho city OF New York, known
and called the Saaday Mercury, which said newspaper
the defendants alege hss the largest circulation of
any sunday newspaper IN .ns w WI u ,ue
| and published by them.
And the plaintiff further says he Informed and be
lieyes hundred thousand copies oil said newspn
per are printed, published sold or circulated III ana
among the public.
And the plaintiff further says that The said Defendants
contrivng and wckedy and rnalici0nsy intending 10 in
jure the plain il in bis good name fame and credit and
| injure him or manager and conductor Of the opera
as aforesaid and 10 deprive him of all benefit Of the
Academy Of Music and his lease and future leases
thereof and 20 nure destroy his said business
aforesaid and TO bring him and his said into
public scandal infamy and disgrace with and among all
his ncgbbors and the public and to prevent him from
carrying his said business and to yex, harass op
press, impoverish and wholly ruin him aud his said
Sd s Ess ns and s,Y al NsM on ua &
and publish and and procure TO be printed and
published in Their said public newspaper, entitled the
Sanoy Hercsy of aud concerning the planti, and OF
and concerning his said business and the manner ho
conducted the certain false, scandslous malicious
and defainaiory libel and article, containing, among
other things the false scandaous malicious, dciamaory
and bellous matter following, OF and concerning th"
plaintiff and OF and concerning his business aud the
| manner he conducted carried the same heading
the matter with these words, ''fhe Disgrace o the
Opera mcan ng The opera presented TO The public aud
managed by the plaintinl-vz yet the only apology
for opera presented to the iblc such an exhibition
norespcctable membet of the fan sex could paronize
without sacrifice OF both taste and fnodestyi ana run
ming The risk OF coming contact with tho characters who
nov make II thcir rendezvous (meaning thereby that
| the opera ana performers at the Academy OF MUSIC
aforesaid conducted msnagcd and presented u the pub
| lie by the painr, were such that no ,esp~mbr
! and that by the management OF the plaibtG
If sdch female lady did attend at<s"ch 0fra
of hc plaintiff, she would come in con9r ., assoon'e
a,d ibat such persons of bad and Improper character
made the said opera Of the poinY '"e'f "r
And for another and scpa< cause Of action asa,o.t
he said deendan, the falsely " .a wv rn,"
msliciousy, wrongiuy a p'"sy !" printed and pub
lished, or causei on pry uevspapcr &c, ~" pao
lished N tne1r sad o.s deamatory and
libel OF and concenss tno pa'%ua % sd article q, ",,
ing his sad busnf flltrs,c und,r n Cloud Sin in HsL
'ihe academy hereby that the opera OF the paintt
Places lmeanIns was a failure and shunncd 10y tue
puDnc anu aso Hd oncr,, viz-All these dciciencics
tarrca on u. u - snason by the public yet stll the
VIZ ~ .ht have drawn fair houses, Al IL 90 I"
management mnt,,ble and that consideration covers
the opera Is ias " in onr so called best circles, but
hsrs ,coap D circulate that the Academy o MUSIC
was hardly ' sap a up the house dead head tickets
.N Ws h.on snrnstrd to people whom no decent rizen
could WISH Yha, the opera OF the plaintiff not III or
ing place for epu,able people particularly decent
rcput4r, vv,n,rn and that the plaintiff had in
and had and di.rcputablc people into the said
Tsdemy OF MUSIC a, the performances by dead head OF
,a ad,nissions 20 All IN the housc) 'and certain u "
,ha lie scarlet women have blazcd forth IN AL hclr
glory and shame from parquct dress circle ana oes
aneannQ that by the manss cement OF the p.h,nl na ~
iisreputabe women sirumpets showed themselves ia