The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-12-20
MANAGERS VS.. MUSICIANS.

Poor Masicfan-The Happy Family OF
Now YORK Managers 20 che Rescue,
&c., 60.
Tho TROUBLES or the Kew York feairicai MAaage' A.
ssc'at'on arc Multiplying on every hand They 70
be rshing-impercepssby 70 shsmse,ves-so their osa
destsactioo-inso whirlpool OF insxtsicabe difcalty
which tho inevitable fate that awaits au unholy CON-
baato~s which have for their the CONTROL Of the
dependent newspaper press to reduce 10 state Of
serfdo0 those who have the msfortaae 10 he under
them
The case whsch VIC about 10 relate u oae
OF about three hundred smilar which will 10
before courts Of Law for adudica.on aud which win
settle the question whether there Is Law tho land 10
compel theatrical managers 10 obey and fui6i
their solemn engagements with thsir employees.
The present suit, which came up adjourn
msnl before the Justices Court OF Brooklyn OF which
Justice Buckley is the presiding officer, is in which
Henry D. Beissenherz q well known musician and com
poser and late leader or the orchestra of the Park theatre
Brooklyn, is complainant, and Mrs. +. b. Conway the
manaseress of that institution defendant The suit is
brought by complainant to the sum OF eighty
dollars for two weeks services in his professional
capacity which amount the defendant refuses pay for
the alleged reasons set forth in the complaint embodied in
this article The has been before tho two
other OCCASIONS but through the legal bubbles and
technical strategy of defendant counsel supported by
the moral pressure OF the New York Managers Asso-
been postponed from time 10 me to the great disad
vantage OF the complainant
The trial appointed TO take place the Justices
Court room, in the basement OF the City Hall but the
limited accommodations Of that place. and the interest
manifested 10y the hundreds Of spectators To listen 20 tue
evidence in this theatrical imbroglio caused the Judge TO
adjourn to the spacious OF the Court Of Sessions in
the new County Court House. Al three O'Clock P. N.
the court room comfortably filed. Among the
spectators were many actors and musicians, who ap
parcntly manifested considerable interest In the affair by
the earnest manner in which they discussed this case
citation from New York to render all the
moral support in their power TO the defendant in this
her hour of difficulty
The points In the easily stated IL July last
Mrs Conway, in arranging for the dramatic season of
1865 in want of leaderlor tho orchestra Of her
theatre. She very properly. applied Charles S. Ber
nard Esq. lsecreary az the Now York Dramatic Fund
Associaton) theatrical agent in Broadway, New York.
to engage her MI Bernard, acting his nstruc
tions, ut once took measures to Mr. Henry u.
bei.senherA Wen known musician, composer aud
leader who was at that time spending his summer vaca
ton on the brac;ng shore of Long Branch New Jer
sey Without going further into the outside merits OF
the case the following correspondence and legal papers
will assist the reader 10 comprehensive view Of this in
terestiny suit:
osY,cx or KING BERSARD n CAnEYl
100. AND 488 BROADWAY, n. r., July IL, 1886.
FasSD BESsENHgRzI am authorized to state that Mr..
Conway Of the Park theatre Brooklyn is in want of
leader, and that he would be glad to arrange with you
for next season. provided terms satisfactory The
season is long and the salary Let hear from
yea at Your earliest convenience aud oblige
CHAs. 5 BERNARD.
ANSWER TO THR ABOvE.
LONG Branch, July 90, 1895
FRIEND BERsAaD-Yours Of the 18th inst received this
morning IN reply - your offer Of the engagement with
Mr. Conway, at the Park theatre, Brooklyn for the COM
ing season, would state that my terms would be forty
dollars per week For that sum l agree to furnish all
the music required during the season; all music to
be composed to remain my property Should Mr. Con-
way desire copies OF such music he To for the
copying. Should she terms prove acceptable to Mr..
Conway an early answer would greatly oblge me- as you
sr 10 ", s. Isl
Mansion House, Long Branch N J.
OyrIcs OF KING BERNARD CAREY,
N" ass BROADWAY, y r.. Aug. 2, 1865
Nc BsIssxSaAaz-I enclose Mrs Conways letter for
your Information. You will please drop me line on
| the subject at your earliest. CHAS 5. BERNARD
NoRraPoRT, L. I-(No date.)
CHAs. BERNARD ESQ., have lust received your note
enclosing one from Mr. Beissenherz. I agree TO the
SARAH 8. CONWAY.
Under the instructions from Mrs Conway Mr. Bernard
completed the contract and Mr. Beissenherx assumed
tho baton Of the orchestra Of the Park theatre Shortly
after this arrangement the strike OF the theatrical
being the President OF the New York Musical Protective
Union, strong pressure was put him to induce him
q resign his position IN that society, thus TO- cause him
to vohto ths honor and confidence which his associate
musiciapS had reposed in him M Beissenherz not in
erpretng honor according TO the Managers Association
persisteny refused to recede from his position In thu
Musical Protective Union and BIS devotion and prin
| cple he discharged by Mrs Conway, notwthstand
ing her solemn agreement Hence the present lawsuit
The following is the correspondence above, copies OF
| the complaint aud answer in the cssc:-
| rHR COMPLAINT
The plaintiffs complaint respectfully shows TO the
Court that or about the I'd day or August 1885, this
plaintiff and the defendant entered an agreement
in writing whereby the plaintiff agreed to furnish his
service FOR the season or the winter or 1865 leader
OF tho orchestra Of the Park theatre OF the city OF
Brooklyn Of which the defendant and the lessee
and mansgeres for which service the defendant agreed
TO pay this plaintiff forty dollars per week; and the
plaintiff alleges that tho defendant indebted to him in
the sum OF eighty dollars for weeks services end.
ing Saturday night November 1s 1885, and the defen-
dant, although frequently requested to do, has
neglected and refused TO pay the same therefore the
paln demands against the defendant for the
sum OF eighty dollars, with interest from the 18th day
OF November, 1885, besides the costs of the action
LUKE y. C0zANs Plaintiffs Attorney.
THE DEFENDANTS ANSWER.
The defendant denies each and every allegation in tho
complant:-That the plaintiff engaged leader
of the orchestra OF the Park theatre and TO form and
a I re sa e, ss present
and did not form or engage said orchestra for
the said season; that he abandoned said con.
tract before the completion thereof; that he com.
bned with others injure the defendant in hor bust
ness and malconsly dsregarded his duty under said
amount " NORRIS 1 TROY, .
Defendants Attorneys.
Shortly sftor tho court opened Justice Buckley
called the case when tho counsel for both sides announced
themselves ready grand legal skirmish then took
place between COUNSEL relative the production Of
tain letter held by the defendant which the counsel for
testimony be produced and which 1red as hav-
ing an important bearing TO fair and bdrtal under
standing OIL the case The Court 3aid hAu no authority
require the production OF the letter. that the
sci could settle the matter relative 10 among themselves
The counsel for defendant said the letter could only
be by his courtesy and until the counsel for the
other side asked for tho letter matter Of courtesy he
would withhold IL from him. This reply led TO warm
discussion which at one time promised change OF front
from a Of words 10 a knock down argument.
The was nnsly disposed OF BY counsel for plain
tin making motion for trial by jury which request
granted and the further adjourned until the 9th
inst
Messrs Luke Cozans ana A. v. Hofer appeared az
counsel for the complainant, aud Morris Troy for tho
defendant.
Parade OF the Metropolitan Fire Depars-
meut.