The New York herald., 1865-12-28

The Ill-Starrcd BIanagers' Union.
MRS. CONWAY AND THE LEADER or HER ORCHESTRA.
The Court of Sessions was crowded yesterday with
musicians actors and others Interested in the case Of H.
d. Bessenherz VS. Sarah s. Conway, full account OF
which appeared in last Wednesdays HERALD. The
utmost Indignation audbly cvinccd by the majority
OF those attendance they regarding the case as one Of
the poor empoye AGAINST monopozing and oppressive
combination Of wealth and capital The case was tried
before Justice Buckley and jury Messrs Spencer and
Hofor appeared for the plaintiff and Mcssrs Morris and
Troy for the defence
Charles s. Spencer opened the for the plaintiff
He said the involved in the case was not much
only eighty dollars-but the result Of the case will
determine the right of further redress In that
case the decision Is Of great Importance The
but relying on daily labor for support made q
the Park theatre, the terms Of which were a weekly
salary forty dollars to be paid to the plaintiff for his
services as leader Of the orchestra during the winter
performed his part OF the contract honestly and faith
fully. until the 4h Of November when he was suddenly
inquirng the reason Of this hghhanded proceeding he
told that because he was in association with
&c Combined @ 70 nsl rSe merits ri Ss
case are powerful wealthy union against protective
society of poor hard working employees The jury can
express their opinion TO whether honest industry
when poor be tramped under foot by wealthy capt
tass when combined and massed together for the
purpose
He said that he acted as agent for Mrs Conway
and recognzed the four letters containing the engage
mcnt Of Mr. Beissenherz by Mrs. Conway. The letters
were handed to him by the counsel
Henry Beissenherz bong sworn testhed-i am mu-
scian by occupation since boyhood entered MRS Con.
ways in consequence OF the letters now dent
1ed by Mr. Bernard about the "a OF september, and
discharged the 4th OF November up to that time
I performed my duties according to agreement; was
discharged by Mrs Conway account OF my connection
with the Musical Protective Association, as alleged by
hcr; went to the theatre up TO November received
my pay and rendered my services, which were not
accepted tho conversation between me and Mrs Con-
way took place Saturday, before rehearsal IL was
the first time she spoke 10 Of the matter hired the
orchestra eght about ten days before the COM
OF the season. thoy continued in the service
Of Mr. Conway until October 81, when they were dis
charged by Mrs. Conway they were paid always through
being discharged, that would take legal proceedings
against her; took away my music and Instruments
from the theatre saw Mrs Conway on the evening Of
the day. and rendered my services, saying that
ready and willing to fulfl my contract; she an.
swored that she committed TO the course she had
was President OF the Musical Protective Association
while in Mrs Conway's employ; the reason OF the
orchestra being discharged account OF their de-
manding advance Of six dollars per week each the
demand was made in consequence Of the Musical Pro.
tectve Association raising their terms and passing
resolution TO that effect was not present on that occa
did not apply for employment FOR the TWO weeks
mentioned in the affdavit
dispute here between Messrs. Troy and Spen.
GER which the latter denied the relevancy OF the pro-
cecdngs of the Musical Protective Association TO the
present case and said that 1t was unfair for his client TO
be taxed for contributions to the Musical Protective Asso
citation and to MIS- Conways theatre. ,., -
The point was loudly appauded IN theatre fashion by
the audience who were warned BY the Court against
repetition
all principles OF charity and justice for wrong doer
one who has broken her contractto como into court
and claim her the hardearned contributions OF
Others.
The objection was sustained by the Court.
The case and examination OF the witness then ad
journed to Friday week, at ten O'Clock A. M