New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-12-20
CIVIL COURTS.

SUPERIOR C1UET-TrAl TEaN-Drc. l'-iisf're Justice
MONLLI
rHz oPERA-sUHDAY MERCURY LIBEL SUI--CoScLU-
SION o. rHg TEsTIMONY-TUz JURY TO BRING
rs 1 SEALED YEgUICr
llr.+,s. ,g' Wm Clgllvel Horace y whitaey.
Tie third days proceeding ln THIS tTai e1mlutne'd
ye,.dly morning VITA tie cross examination o.. AZ AA 1"
wtaes--Tha Autumn season Of 1903 commenced with Rob
by performed performed but whether before the publ.
cation OF the articles IA the newspaper d1u ieirtl
performed my business is not confined 10 TINS
city give third many peItorun outside OF me
~ ~ % 80 ticss b,,as c,rld he o,c-nI III hv any
persons the stockholders put them had no con
.iO o,e T-II'oiS tSs NE, AMI sometimes lei the orches.
ira attended more the aud orchestra than 10 what was
or OIL IN the house myself and the treasurer Only gave Or
5sr I ,1ipal a-+ist for admission of their friends
the house they given did not ask who the persons
were to whom they be given about eight or ten were
v , NIGHT dl rot take IN nao OF any person pugcLas
ing reserved tickets given 10 others than Tie
i1s ycr, so-eue, given but very few these were comp
uontary tickets press tickets given TO gentlemen Of
the press with their names them these season tickets,
,boit an or 50 ia number. don't thnS gave dozen
tu half tickets 60 gentlemen than those OF the press
Mr. Ar. my treasurer during the Fan season OF
v and take the possibility OF H. there pa
ers would like have had ~ scasoncets each the
tickets weT marked not transt1c they were lra'erhoN
ever II their holders chose 90 indulge 10 the abuse never gave
orders stop any gentleman Of the press ct The door lAe u
hrctt0 of Ig1le'tO was here shown me Wiesa3 inhp
that Hbco performed at the Academy during the Au
al M stage OF n trial defendants c5unsclmovel to amend
the The ground that be had been msed This mo
ton was allowed aud the amended 10 by adding an
arcrneni that itgoet'o was pefiuleu curing inc NJ ', I
and that respectable member %; TIE iair sex coud
Wi.r,ss- Su.,ar'jliY That was reccl by thc actors
Mr. osche recalled by deendantWas in the ticket Office
during sale Of tickets IN ie3 Witnessed the performance
of Rgolcito Academy many tine Mis- Kellogg sang
Gilia Nine. Sulcr was Nrddeene -
Horace Whitney one Of NE defendants le.nem
her meeting Mr GO,che IN Brooklyn shortly after the suit was
commenced by Nj Mr'tlek conversation was opened by
Opera good said thought there was no lte in The
and cited OF fy Bennett not word was said
49, LII go y.r,s,or with Mr. Goscle In BROOKLYN since
la time between Us n regard ads crsug don't person
r t~1y NJ NactIsk The advertisement was sent IL slips
et Up d. The Hcga Office five siX week. before tAe last
ver,i.nce because our columns were 50 crowded Oh not
write either OF the articles Nj Caudwc and the pub
sAers the paper empoy editors and wres never had
Nj Goc fpr deldhcad tickets. told him 20 direct such tick
cts o. hr The Office aud not any particular person
20 that cxio.' asked iol tickets never solicit advertise
Cro..czauinci-Thc slip. from 7ls H>-lH Office were
or oi - send word through Mi Go.cl. tlat nu, have
iro tickets nor ~ any time dl ho demand l"i ll
time mly have done simply told him leave any tickets
he send Nj Younebood the cashier did not
20 that opera that scn,oA Nj trol was epH'l oL '-il
evening the foreign aud domestic neus ana select
10 - ne PAPER Pc bed ro authority transact any business
,- %, outside of the office lo have seat DO word io
Nj. MaIcizek 10 any shape Or form.
Defendants LEsI,
Mr. G0schc recalled hy plalnn-Hll oiiri, nom Nj
retzek not 10 send any slips OF advertisements for the Fail
season ~ i-0j
Daniel King,land sworWns one N te directors oi tho
Academy Music n 1905 ckpockc and gamblers
there doat any ly sight n0iorieilea there
Emile huffman sworl-i Supcln udcI OF tie house az
the oprrt tc usher and dporSc under my control
This concluded the Testimony ip the and Mr Han pro
ccclr up for the defendants lie cuHiend that ne
press hil made NJ Mnc'zek aud Tint having beu elevated
hv 30, ,iss De- wa, unable withstand W ccrsurr lie was
public man aud criticisms him must b" viewed very
dilrira} criticisms % mere private nl'ilual Iir
bad uuiDuhrir mach 20 create love Tor t' open 90
t... country Isc counsel however Wa oi the oA" ha
tAe Italian Opera humbnc mH oi iuconEImi'' ana
,nmpr1it.cs The plaintiff could have cause OF action
Growing out 81 criticism uuou the opera conducted y HIM
M Judah addressing the jury said that tlr ,u vas npi
lad been designated by te defendants counsel speech
1yc suit brought for the purpose oi enabling TIE
rla Goo put bus fingers INTO the pocket, OF o drndln nnd
H.r himself their II only brought 90 tndcsie
the character Nh Mnruyek manager of uc opera u ts
city 20 little indeed would Ar Marczrk pr1 he damages
received u tlc verdict should he m Dis favor that De- would
give % o. any public charity that might Do named
Tie Court ior charged The jury tc Jaw uDp1ec 90 ODE
case The iury returned and ai'r being out Tor some
time without finding verdict. directed Go bung M
sealed verdict tbs morning
NJ Judah for plaintiff 81 a. O Hon foT defendant