The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-09-03

And the paioti furher shows that he n ana has
for fifteen yean past in business conductor MANAGE
opera singers musicians and psroems and In said bas
ness has acquired great reputatou and ore and geoa
Susiue1 with credit sEi ana rsspsessbsy, and goa
faith the public and thoss who attended OF wcre
the habit Of Requesting the performances gvsa By The
And the plaintiff further says he has never committed,
been guilty Of the masen o. any Of then alleged o.
matters hereinafter set out
And the plaintiff further shows that Tor aaay yssn
Ss, leased ds~issd ana hired 70; the psrposs q
sivsg Representations q operas speo.scss .sd cshss
performances y and with n. troupe Q, COMPANY sss
CITY Of New York. called the "xcsdeny Of Music" snd
credit and good name, aad 70 numerous large sad 70
spectacle audiences and person With great gains soo
And Tho pianii further shows that the coss asd
penses Of carrying the said bushes aad paymeas o.
the expenses OF said business are aud we're very
and that his sole dependence for the carrying OF TIRE
same and for his livelihood and thai Of his family w
aud is in the profitable and successful result OF sasd
And the plaintiff further says his ability TO perform
his enRagements under the lease, and each demiss,
hiring lease Of said % ss'o ?, S ,.s
And the plaintiff says, thai before the comnencemsst
Iscs he leased ana hired tho Academy q Music for ne
term Of 6ye months; said term TO BE EXTENDED y:
given BY ns plaintiff saoSs o. ssS enable
him 70 py for The said Academy and MAINTAIN n'"'e"
'n And The plaintiff further says that for tho purpose Of
carrying Oh his said busnese during the said term ana
during such further terms a. be might be able 70 carry
the same and 70 give good and respectable
connected with his said business be laid out ana ex
pended, and became, and was liable for large sum Q!
money 10 wit the Of thirty thousand dollars ana
upwards in and about the engaging and paying OF M.
merous singers performers scenery dresses and other
necessares In and about sne sens W s Academy Of
Music, and his business aforesaid -
And the plant further says that the said defendants
paper published In the city Of New York known and called
The Sunday Mercury which said newspaper a. the defend
ants aege 'has the largest circulation OF any SUNDAY
newspaper in the country wit the United States aud
that weekly three editions thereof are printed issued ana
published by them And the plaintiff says ne Is % nd
newspaper printed published sold or circulated In
and among the public
Of this action and on or about the Is
day of October 1883 this plaintiff commenced an action
new in this court for the damages for the pub
LEGATION other false scandalous malicious
and Ibelous matter published in the said sunday Mer
cuy of and concerning the paintln ana ns sad BUSINESS
and the manner he conducted the same
And the plaintiff further shows that the said defend.
ants have nevertheless since the publication OF the said
libellous matters the action herenabove referred TO-
and since the publication of the matter herein
Of and have continued maciousy ine on s sI0
cous defamatory and belous matter OF ana concerning
the plaintiff and his said business and the manner ne
conducted the same.
And the plaintiff further SAYS that the said defendants
contriying and wickedy and malciousy intending 70
injure the plaintiff in his said good name, fame and
credit and to injure him as manager conductor or s
preario Of the opera aforesaid and TO deprive MIN
Of all benefit Of the Academy Of Music and his lease and
future thereof and to njure and destroy his sa
business as aforesaid, and to bring him and his said
business into public scandal inamy and disgrace with
and among ali his neghbors and the public and TO pre-
vent him from carrying on his said business and to vex
harass oppress mpOverish and wholly ruin MIN ana ms
said business did falsely wckedy and v e Eow
print publish and cause to be printed ana pupsneo In
their said newspaper the Sunday Mercury OF and con-
business and the he conducted the same and OF
and concerning said suit certain false, scandaous,
and 0e aooas and
Hbcous matter following OF and concerning the plain
M of and concerning his business and the manner
he conducted the same-heading the same with these
"Italian Opera vs. the Sunday Aerc.vy-Pitiful Al
tempt to Muzze the Press thereby abiding to the
ton brought by the plaintiff against the defendants or
damages for the publication Of beOus and defamatory
matter previous numbers Or weekly % hs a
PENDANTS meanng) could not well expect to throw down
the gauntlet SO boldly to hypocrisy impudence conce
hypocrite and mpudent conceited ignorant and AFRO
CANT and that the plaintiff had been guilty OF mpudence
ns before the public and Otherwise
and when the Academy Of Music had been conducted
by gentlemen who have fully appreciated the character
Of that most respectable building, he defendants
mcanng) have hestated speak OF the enterprise
in appropriate meanng thereby that the plaintiff
did not appreciate conduct the said building as re-
spectacle one or one in which respectable performances
should be given respectable audiences might gamer
and the plaintiff did not give therein performances
suitable the respectable character Of the said
iwhen the manager has been able to collect compa
Character thereby attracting large and respectable
dences, we he defendants meaning) nave never iaeo
TO notice the circumstances with hearty commentator
compel he defendants meanng) to be equally promp
In denouncing the policy OF any mpressdro who NIGH
far forget himself and the Intelligence OF the New
York public to attempt TO palm on coarse fmmodest
debauchees for st class artists or who might
perchance what ought to be gathering of The
most refined social elements OF city into mere con
| grogation OF wantons and their associates"
eaning thereby that the company Of artists collected
by the plaintiff and performing under bis management
were of no professional merit and that the plaintiff,
| tho manager. impresario or conductor OF an open
| class singers and artists coarse mmodest on
debauchees, or men and women w'tnou. so''itl
as vocalists and Of bad moral character AM An.
| that they said defendants, would, through thu
medium Of their said newspaper depounce the SAT-
plaintiff and that the plaintiff bad or did convert thu
sort into an association or congregation Of wantoDs
prostitutes aud other persons OF evil character and hei
assocss Add when We Gos hs al 40 os
readers 1.-THE readers Of the said Sunday Mercury meaning
be assured that rhe defendants meaning shall CIR
|
shaken at our heads 70 ntmidate U.S. (meanng that tn
plaintiff was q who had committed the evil acts 9
falsely alleged and that the said defendants would de
nounce him. the plaintiff TO the public as man who wa
guilty of doing such dsreputable acts and that they II
| defendants would continue TO denounce the plaintn
The truth should be spoken at all times Subject,
course to the usual restrictions Of decorum and OF
people, and II 20 spoken freely and courageously wi
always be found sufncient 70 compel managers and IN
pressdys 70 supply artists whose private life s not
mass Of corruption and whose public appearance is nc
disgusting, whose presence is not calculated 70 ming
with the better crowd Of aristocratic establish
mont the outpourinGs Of the brohels Of the metropolis
Meaning thereby that the artists employed in an
forming the trospe company OF the plaintiff were
their personal appearance and in their manner o. PEI
forming before the public, disgusting and indecent an
that the private life Of the said artists was evil and col
rupt and that the plaintiff employed such performers
were calculated draw 70 the said performances, cor
Quoted by him. wantons and prostitutes men and wome
Of bad character the eutpourng Of brothes OF the Gil
Of New York;
action against the defendants shows that on the sai
25th day Of October 1885, the deendants falsely NAL
cously wickedly wrongfully and unjusty printed an
published In their said public newspapers certain otns