The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-01-06
MANAGERS VS.. MUSICIANS.

ing 10 adjournment before Justice Buckley In the room
Of the Court of Sessions The attendance OF spectators
on this occasion not so numerous as on the two
previous occasions when this trial was on. There were
few actors present. among whom was the veteran
Dsvidge. There a large number Of musicians,
members of the New York Musical Protective Union,
who apparently feel deep interest in this ease. it
has an indirect bearing upon their several interests
Mr. p. B. Conway was in court but his wife, the de-
sendant in this case, in apartment adjoin-
ing the court room, and remained there until
called TO the witness stand. Some delay was occa-
stoned in getting the jury togsther-three of them
absenting themselves an hour beyond the time 20
which the case was previously adjourned Messrs.
Charles s. Spencer Luke +. Cozans and A. v. Hofer
appeared counsel for the plaintiff and Messrs $. o.
Norris and James Troy uhc District Attorney and his
sssstant) for Mrs Conway, the defendant On the pre-
vtous day the adjourned before Mr. Bessenherz
the plaintiff had concluded his examination He
Wss therefore recalled TO finish his testimony
Mr.. Bessenherz's cros3-eyamnation contnued---Thc
esohestra left on Tuesday night the LIST OF November;
that was the last night they played; l called on Mrs.
Conway that day In reference TO their leaving
Informed she had received letter from the New York
Musical Protective Society; knew the letter had been
received by The letter being shown me by Mr. or Mrs
Conway, either one or the other.
Question by the Counsel-Before calling upon Mrs.
Conway that Tuesday did the performers in the
srchestra anything 10 in reference TO their ea
ingS A. Tho subject was talked OF every night.
Q Did they talk with you before you called on Mrs
a
bus the matter taken out OF my hands had
thing to DO with IL l was in the. room almost every
8 When you called on Mrs Conway what did you
sAy7 A. told her ! was requested TO call on her,
they the ORCHESTRAL were not able to speak English
pAnly they therefore requested 10 act and 20 Oh
Mn for them; also 10 obtain 10 q
note by the Secretary Of the Musical Association
o What did Mrs. Conway say you? A. She referred
Q was he there? A. He
O. What did he say TO your A. he replied, You are
III hat In NJ nIa
Did they rhc orchestral then ask for their pay for
the half week? A. did not
O. There nothing said about IL them A. do not
pecoect that was received that night it was rendered
70 me- and the orchestra received their half weeks pay
the next day.
Q From whom did you receive IT. A. From Mrs
o when did the theatrical season commence? A. On
Ne I'd of September.
q Did Mrs Conway the Tuesday referred TO in
form you that she had engaged another orchestra?
eAs did say nythng reference ii Mr. Conway
saad that he had another orchestra engaged.
q Did he tell you 80? A. He did.
q Was 10 said that they engaged for that even
ing, and had leader Mr.. sedgwck? A. No; there
vss nothing said about Mr. sedgwick there
O Did you know when the season was to commence
md when 1t was to ends A. The letter sent 10 me
seated that Il WAS to be long
BY the Court--Q You merely engaged for the season
yea dd not know the length Of it A. The length OF
IL season has been settled by courts 20 forty weeks
q What did you consider long season? A. coz
oder a season forty weeks more less long season
WouDd end the 18th Of July week
Re.diIect esamna,ion-In answer to question pat
~ Mr. Troy you said that Mr. Conway told you lie lad
~ another orchestra when did he tell you that? A
On tho Tuesday preceding the 1st OF November
. That was on the Tuesday when you requested
~ the orchestra TO call on Mrs Conway the you
WsTe all discharged A. Yes sir
Q On your other cross examination you also said then
thas after being discharged you took your music away
wAee did you take IL? A. Across the the
sfs friend opposite the theatre; did not take ii home
Q Why cid you take IL away A. I did not consider
HsaSe In the orchestra ROOM a. the bolt Of the door
vCTu'out
q Why did you iake IL to tho house ~ friend and
nss homer A. Because l wished have near me in
s.se Nrs Conway resumed her contract with me.
No objection from the other SIDE the here stated
TAI he proposed 10 show that plaintiff always rcsdy
toearry his contract with Mrs Conway, and kept his
near for that purpose The objection of defend
saa counsel 10 the removal Of the music ruled out
q At tbe interview you had with Mr. Conway sbou,
chs letter she had received from the Musical Association
in regard 20 incresss Of wages did you ask
~ m increase OF your salaryg A. No sir
Q On the evening you were all discharged did you
uaderstsDd that you were included A. did not.
Counsel for deendantI do not pretend ~ nay lie did
- said they all discharged. and that sufficient
Counsel for defendant then stated that the better re-
ssSved by Mr.. Conway from tho Musical eoety mad
heen given 20 him, but he regretted ne had 0st IT,
ard on making this Statement, he asked rermiss On OF
counsel for plaintiff 10 ask witness its conieuis VII Ch
was objected 20 by them.
Counsel for plaintiff claimed iba, their client was rot
pesponsblc for the contents OF that letter nanGch
iAe resolution demanding extra pay had been rasoa by
the Association In his absence and the action " that
oocety In sending letter to- Mrs Conway the
. third party whom the plaintiff had control.
u had been proved by the cross exam naiion ~ tho
winners that he bad not presented the letter "a Mrs.
Conway snd knew nothing OF the e the letter
sntil be read /; he received from her aud hen .
~ letter insdmssibe as evidence. The Couu
rubed the objection.
Redrcc-Q Did you read the contents Of that letter.
4 l did not,
The for plaintiff here rested after which Mr. Troy
called Mrs Conway 10 testify for the defense when
tsssa6ed AZ folows:--My name is sarah Conway; am
Che defendant IN this action know Mr. Be .scGhcrz
Q. Did you see him on Wednesday, the LIST OF Novem.
Q Where did you soc hIms A. On The stag OF the
Park theatre
q DID you show him letter you received from tie
nus,cal Society that day. A. think DID.
What DID that lCtter giatey A. The letter adv sed
ne that the Isl Of November the orchestra would NOT
rssurn 90 their positions unless increased their aia
stI dollars per week Ter man unless this complied
with they would not rstnrn tbs bottom Of th. letter
was clause that all nusclans thai had written con
tracts would be- excluded the clause believe. was al.
dsd after ,hc body Of the letter written cannot
member the name signed 10 the letter, ea5 Alderman
O VIVA, did Mr. Bsssenherz say 10 You abou, thai POI,
ssrf A. He asked me What bad de- ded upon SAID
Of courso ] cannot pay these terms, that all
q Did you tell Mr.. BcssenhorL that you ha4 dis
ehasVsd him because he n m-mb,r OF tho M scs
Society A. No; not AZ that or any Other time
Was there anything said AZ 10 Mr. Beisscnherzs re
naming? A. Yes, SIR thcf3 was, bat Hndar NY
direction; said he might speak to Mr.. scigwrs. per
hap~ be could make some arrangsDen. with him hs
aid he wished 20 remain, aud did not intend 70 irsve
tsk hun my engagements were made, aud lac nns
have. and discharged him there and then.
q Was there anything said about Mr. scdswick dgr
tnG that tlmci A. No, sr; not 10 ny recollection
What was said about ~ A. ". wished 10 snov
WY he dis barred told him because his urchestri
had lefi therefore lac VI service 20 without
MS orchestra
q Anything more ssd' A. No, air except rrferrins
- Mr. Sedgwick making arrangements 'h him. told
him M Setgwick had charge of the orhesira aud " ~
seuld come 10 some arrangement with him shoiid ~
shjest
q hid he play In the orchestra Wednesday, Thurs
Gay and Friday nights following the dsehsrse OF ~
srrhestraf A lie I'D.
O Did anything occur while the orchcsirs psyip
during those evenings Yes, sir, Mr. bsis.nher1 81
90 conduct himself IN proper manner.
Council for plaintiff here intepOsch IN OBJ ton a. z
what orrufred In the Orchestra during thotc res nights
- be said the orchesira wa l,d by new man an
sAs testimony re'efring 20 " bad right " come IN y
svidence against VT Bessnhsrz Cor breach of hts
9at unless the other aide set up 1h"rc no allegr
t0p 10 the defendsnts answer In regard to this gentle
mans conduct during those three night. Ylc ,ouf