The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1866-06-05

httHth OF OOntract-- Profits and
Expenses Of the Opera.
As 8 general thing the remedies pro
/ vided by the law are very slow in their
/ operations, but if al parties are willing
to submit to its arbitration, there is no
reason why it should net work more
speedily. This morning, Judge Fox, in
Room No ], Superior Court, is expected
TO give a decision In the case Of Andrew
Flynn Vs. Max Strakosch, a case in
which the first steps were taken only
on Tuesday evening last This was
the issue Of an attachment against the
wardrobe of the Ghioni and Susini Op-
era Troupe, now playing at Mozart
/ Hall
By the courtesy Of the Sheriff, the
wardrobe was not actually taken into
custody, and the opera was not inter
rupted On Wednesday the necessary
papers were filed, and the case set for
hearing st once. 1t came up for trial
yesterday morning, and occupied near
ly al day As will be seen by the evil
| dence, the whole ground Of theatrical
and operate management was can.
vassed The profits and losses, the
customs Of managers and directors, the
popularity Of the opera in different lO-
oaities, and in short, as much of the
secrets of the business as could be ex-
tracted was obtained. It will be seen
that the reputation of shis particular
troupe is very high in Nashville at
least if the man who ought 10 know
can be relied on to reflect the public
/ feeling. On the other hand, Mr..
Strakosch declares it as his candid
opinion that second appearance of
has troupe at Nashville would not have
been remunerative to Mr.. Flynn-he
declaring it the result of his expert
ence that an opera troupe never dared
10 60 twice in one year to these "new
/ places where operas are but seldom
given.
THE TESTIMONY.
Plaintiff, and manager Of the old An
drew Flynn Theatre, Nashville, testified
that Max SlTakosch agreed TO come to
Nashville, on the l4th Of May, with an
opera troupe, TO play for two weeks at
1000 a week; that afterWard Mr Ben.
son wrote to Strakosch at Washington,
to ask for a programme Of the operas
he intended to perform, as Il was ne
cessary to begin making announce
ments, to which Strakosch replied that
his troupe had been increased, and the
expenses Of bis company were such
that he did not think he could come
for less than 50 900 per week. Mr.. Ben
son wrote that ne would be held to his
contract, or be expected to bear the
consequences To this no reply was
received until witness met Strskosch
in Cincinnati, where he told him his
expenses were such that he could not
come for four thousand dollars. lie
offered TO show 10 witness his salary
list, and then if he should say he ought
10 go for four Thousand dollars q week
he would 90 Flynn answered that
she time was past, thai he had disban-
ded his company at the time be eX-
pected the opera troupe; bat now he
had his time filed by other engsge-
ments, and could not make room Tor
Strakosch.
Mr. Flynn stated that he could have
made 5000 by the engagement If the
contract had been filed. His loss by
disbanding his company was from $1,000
toS3 600. There was also e saloon under
the theatre, that lost from 500 TO SO a
night in consequence Of the closing Of
the theatre.
On cross-exauination, he stated that
| in December last, at the close Of an
engagement Of Mr.. Strakosch's troupe,
he asked s. to come beck in May and
play two weeks. s. said he would come
back for $4,000 a week, and begin on
the 18th of May This was repeated in
the bar room, in the presence of wit
nesses. The agreement was in al re-
spects to be the same as the contract
Just closing. This contract-the one
then closing-was in writing, and pro
vided that s. 600 should be paid in adj
vance. He had not rendered him the
$1,000 on this contract, because he did
not know where to tender it lie
closed the theatre in order to make re-
pairs for the opera performance
His profits for the past two weeks be-
fore closing were SD 00 For the year
lac made $4,000. The expenses for
the two weeks before closing were
about $3.50 per week, making gross re-
CENTS about 81, $50 His expenses in
addition TO the opera troupe charge
would have been about 5000 To pay
expenses under the Strakosch arrange
ment, he would have had to receive
$40 per night
lie was Of opinion that an engage
ment in Nashville would pay better
then in any other city ia the West BE
made s.. 500 for the week of the former
engagement He sold $1,000 worth Of
tickets before the troupe arrived.
There was no doubt that the coming Of
such a troupe would bring q full treas.
ury.
manager of Mr. Flynn. He stated that
| the contract was as stated by Mr..
Flynn. It was proposed to put the
contract in writing, but Mr. Strskosch
said that ne was q gentleman and would
keep his word.
He regarded It rs certain from the
, popularity Of the troupe, that the re-
CENTS would have been 81 900 q night
He thinks that the expenses would be
/ 1920 or $50 night.
THE DEFESsE
Max Strakosch, the defendant stated
that he was the Director Of the Ghionl
and Susiui Opera Troupe 10 was the
same troupe that he had at Nashville
last fall. except thst it was increased
by some of the best artists Of Mr. Ma
retzek's company.
Mr. Flynn was very much pleased
with the success of my troupe at the
close Of my engagement there last fall,
and asked me 20 come sgain. He
smoke in such fne terms ana was 50
complimentary that / did not Ike to
saw would not come, and I told him
| ! thought would come No date was
parned except that ] thought ! would
come when his season closed. could
not make a contract with him because
/ had no contracts with my company.
/ received the letter OF Mr.. benson
when had no company under my ai'
rection, but was forming the present.
troupe. answered that l could NOT
come for less than $ Co.'s he wrote
again, saying he insisted on hIs con
tract, to which i replied asking MI.
Flynn to come to St Louis and meet
me. where we could arrange the matter
He did not come. When ] met him al
the Burnet House here, I offered 70 50
TO Nashville yet upon the receipt Of the
money, but he said his time was ooeu'
pied
Cross Examined-My present troupe
/ Il u