, 1866-12-23
THE OpERATIC LIBEL SUIT.
Second Days Session.
M4fetxek on the Staud-ks Crotchefs and
Quareta,s - 8leolctto Analyzed-The
Rights Of Critics.

eHfC LQ&L - 44Qu& "At pE1'Q5U1EQ QU&4AE&&
ss tnapase: e mol confined . this esy avs
nboIt onc-:h as t1Rny perform nees outside Of
!he caty as in1t The second 1ier i1 the Academy
boxes 1 had 40 control o.cs that poztlot. Of tho
,,a the n stocssSiasF' san, na tn'2 M;
ess2. 80 long a. tarv G
times VA. on The stage and sometimes led the
orchestra; attended moro to the asage aud The or
chestra than 10 whAt WAS going on In the house;
myself and the treasurer only g4.e o:dere to onf
principal artists for admission Of their friends to
the house: when theJ Eetc given did nor ask
given; about eight Or ten were given each night;
Sid not take the natne Of any person purchAhllg q
.eeerved scst; no tskets a.e eissn to Sthets than
cCpd ftee admissions wei sometimes given. but
very ieW these weso o. complimentary uckets;
rrcss VIII ther names On them; these we.e sea.
ron ticket, about Tory Or d:ty IT number; don't
think j gave over = dozen ard half tickets 10
o'her, ,gent1. .mca than those o'shs pcoss dr. Al
istd Joel vas ny treasurer duyin: the f4l season
- =. 1863; alu the anthoF Of a book enatlcd
.tt1pteht&s and QnAveEE,H ana take The rsA7ou.
sihillty ofI:; tEcse are soine papers lhat would
tickets were 1narIeA ''Eot tran. fe,ab1e:" they
were transferred, however, If shc;r oxpcrs chose
10 indulge IN the abuse never Eate ofuers 70 Etop
auy gentlemen OF the pEess 1t iha 1oof Tic H.
bIetto Of the Opera oi It 'Aidsolt.to" was berc
thown to Mr. Mafetx.k4l Icanroi swear that the
hhfetto VA pelfora,sd 1t ths Academy TURING .he
Hitatss-" Illgole1,or Is onndcd On Victor
Hngo's dra1nt oi the Duke Of Aantua; y lhe
Dulc i william, and y the end he p punished !;
he ~hat !t sss.ea ass n'a M,si an" T.
pa,ttrular regard 10 morality The Dnkc l. Ahes-
tine, who had jester golng afouad contributing
to hs 9p ~ e
occar, however, IN Shakrpcart's phys; lose
scene Is ehacted on the stage, thAt is 10 cer1aa
ev.css len no tickets a ~ bankers 9arise taai
seaeon did not personally snpesintrna what
was going on before the 1oot1ghts; POLICING
Redirect. tucn1inosaon = There arc love tceues
in all dramas Of the cane axtcnt a. tu Rt3o-
lctto !" there had been three performances and 4
M q e1s Sut ps
n,ances bsfote the p11l.esuou Of ahs eecond Y;
ticle On The 18th q oetobes tha ho.t people Q!
Wheu lie opera Of .' .'RieoislsoS vas pestormed !;
!. lligolcttoh Is plaIcd- tn Izaly, France, and
wherever The opera IL known.
1ct;o " being again sbowI to witness who testidsa
Ses W faithially, .sfsnoach eoarsels translated !:
Dc1Elf you'll he Grnae.t
And not r1ske 10 much reetAt&uct.
When the Joys of love await Ms.
xlstne nsea not tts b ,.ha ss Htud,n Iaa1 nd,.,
AApDxlxsr-foutfc pleased 70 joke me, aisuor'
DCKx-No, no.
AAp.-1 know I'm ugly.
DCKI-Embtsce me-
Vifatss-Enbstanttally that vas recitet By The
netorf-
wifneesed tue Performance Of "Nieoietto' at Tho
Academy many time; Miss Kellogg sang GNaa,
Horaes (. ITAsfney, s.e6.7,--I am orc Of the de-
fsndants In this 1s.ton remember meeting Mr..
Goeehs IA sookIn S:sos! .'fs ,he nj: as
was opened bJ ne; rsaw atr. Gasche at table
be sajd the bAsiaese Of The opsEa was good
III L. ZEE of e ss
tercnt. and cited .he cAso Of fJ ass.ns. Bennett
moi word wss raid abont advertising nutu firsl
.an s, liz oss5s ~ e eass s.
unc; don't remember saT conversation siaet
ihat time betwten III in regard 10 aarettlsin9;
tItcmcnts were sent In clips set up Ia the Herald
ofacr: fyc or etx weeks a'efara tho tsst article
| xea published we had voluntarily excluded the
wero 10 crowded; / did not write either q .hess
| articles III. Caldwell and arc The publ1soers
OF The paper; re employ editors ana writer's
anssus ID. sppiIed "a III Goschs for = dead
l head" tickets told him to dl:cct such tickets, /
sent ~, 70 The oee tpa eot e .ny psfsu
never eolicik Advertisements Of anF body.
| Erossr1c,naHed-The tllps from the TRAD oE
bee were simply marked "susidy I.n:ary :
through III. Gosche that must nave mure fret
tickets. nor 1t any TING; did rot demand s'asoz
tickets for myself nud1aoy and Tor Nf. Ctu1d *ell
pf.9E to that time nsy hare done 70; ttmpl,
Ar YouDgb1ood, the cashier; did not 80 to tbs
opera hai,1eason; sinea 1850 have sent no wost
to H. Aas.es: e.s,: = 1.s ar s sasge OF fo'n'
IT,. Gosea<, RECALLED oy p,atstt6-1 hsd order
from Mr. Mare.zek not 10 send Any slips Of atse:
usenaents for the fail season q lstA
nEhCT1.xa TEa11xoHT. =,
DQuI~} EtnGfsdnd, tseo77-WAs one ~ ne a.
rector. .hd aaaiees Of lhe, Acadeszy 9! Mos,s i
Sa . ne, ,epsd ss
r. ssn + sanf#F,s ds
ear.hltFr wess In the hAhit Of fstqnfntlnR TIL
| opera At The academy.
The Testimony on bo.a s'aee s os7 W. .aen e'o9eo
Mr. Hall In his c1osing argument said .hes
| never va. drama, opera, or place Of nmuse
ment, tha+ did not owe Its success entirel
| to the press. Let the press OF this city b
dumb On .he subject ct public amusement'
and If So7pho herself should come to Life
anI, ine press did not announce that On sue
nirh1 Size wonld sing and perform, thcr
xoujd be very little Of an audience The pres
ia The creator OF the enccess of all places {
public amusement, and all The success tha
Max Maretzck has obtained, was ohtatne
through the press. The press Wade him. an
now, With that iugratitude which sometime
belongs to public men, he has turned his bac
upon The engine which nascd h1m-
TnE RIGHTS or CRITICS
Mr. Maretzek WAS very willing to be raise
well Of him. and dattcred him, be had nots
Ing to say but let 1t criticise him, IS 1t h
perfect right to do, then he will resent II
since the publication Of the criticisms = bic
hxye been objected ito la TrayiAta" an
other irdclicale operas have not been pr
on at the thentre or opera, how lighted, ho
the performance goes on, the style Of Il
singers, &c, ase al part Of the duty Of
public journalist
40, & could 'fsHgns tssy
,, that # was q rspeetahaa opera, 81 TO I
. xitb(ked bY ths iF wives nnd daughters.
. ThS 4lay Mercury has spoken Of th
opera u ~ having u single Incident Ia
shich waN hlaifret'y competed *tth .
dnst1on hSa 1S 1sS,+ S.IG sated "a Il;
!. .. The Academy Of slusfe: that it Was viii
. . pered that It Was hardly place for er
: ileman 10 take i moGczt woman to. The
: Is nothing in all this th1t is 1ibcllous, ar
| nothing but the distorted iuuendos Of in:,
, nions lawyers could hare 30 construed
There vas no reflection upon the person
, character Of MI MA1etzek. II those abus
! existed, aud the jury rendered = verdi
against him. Mr.. Aa1etzck can walk oct
!, the court room without losing the respc
z l L.
! boxes to some gamblers with whom th,
wished tn cuny hTor, Mr. Maretzek won
. have nothing to do with IT, he had no CO
: troll over .hc boxes after they were alspos
OF. apy more than be had oTeT the ti<ke
: sold. 4.
III MR. Irn1u's CLOSING.
. Mr. Judah gave sketch of the plot OF Il
. OPENS "Trsviata" and "Rigu1etto," q
! said the5 taucht "great moral lessons"
!. hoped the time would come when this IL
!. wou1d put forth 4 nadestTo e9ust 70 the crs
q | mastezs offoseign lands. He contended th
. Music wns used - place Of freadezyons !
improper characters. This suit w1 Eott
: | M to tnstaiu Max Maret1ek in conduct
= tie Italian opev4- 1fthc verdict were Ia
Z | favor, he xonld willingly bestow It upon
: eba,ity which the |aly might ,Is,g name: T
J. protect his character.
= cuARaE TO TIE JrAT.
= Tbs Court then charged the jury: !
y questions in the ease we're few The put
cation Of the alleged libel Is admitted, 4
r. the defence Is thai the charges were true.
: libel Is a malicious defamation made .pnt
Ia by writing CT speaking, INTENDED ia htsck
~ the character Of q person and render b
- Infamous Without a malice intent there
!. no libel. It Is for the jutJ to detesm
: whether the publication ahmed 70 vas
!. culated TO expose the plaintiff TO cootemI
!. whether the charges were sustained bI
e evidence. II the truth Of the charges
:. determiued to Be established, the verd
!, must be for the plaintiff. In estimating
h damages the nature Of the charge must
"a considered, and also the large circulation
- The newspaper. The iury then retired, q
= { without waiting for the vcfdIct, the CO.
j adiourped. The Jury will bring In sea
70 VT lict this morning.
~ ~ .Nask Twsip, = .he humorous wraser. u on
= F%.N 81 IA Ia
N ex-aoverpor Ciemsns, Of Atsson1t