The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1870-06-29
IN OPERA TROUPE IN COURT,
A Judges Musical Criticism.

Mrs. Arnold. nee Blanche Ellerman, has
gained her suit against Mrs. Caroline Rich
Bernard, for the amount Of her salary as
assistant prima donna of that English opera
company. The contract was for seventy dol
lars per week for eight months, a benefit, and
all travelling expenses, except hotel bills.
Judge Cooley, of the Sixth District Court.
New Orleans, La, in his opinion, was very Sc
we're on the Richings-Bernard Troupe, who
testified for Mrs. Bernard, while the testimony
of the defence was principally musical profes-
sors and church leaders, examined since the
departure of the Richings Troupe from New
Orleans. The Judgment uses up some s250O
garnisheed before the departure Of Mrs. Rich
ings-Bernard. The decision of Judge Cooley
was as follows:
The plaintiff cultivates that branch Of the
fine arts called music: and the defendant fol
lows the occupation for livelihood, of max
ing money from the laborious eSertions Of
those who have spent time and money in ac-
quiring proficiency In singing; she is the dl'
rectress of an opera troupe. This opera troupe,
sterling qualities in point of musical talent the
advantage ofconstant locomotion-it Is always
on the wing -peripatetlc as well as musical,
and coes by the high-sounding title of the
.Rlchings English Opera Company" Taking
it's cue from one of the isms of the day, and In
anticipation, doubtless, of the adoption OF the
Sixteenth amendment to the Constitution o
the United States, its fortunes are under the
motherly control and management OF
woman.
It appears that the plaintiff was employed tc
act In the capacity of assistant prima donna
obligating herself to sing such parts in the ope
ras to be performed by the troupe as are writ
ten for soprano voice, the directress reserv
ing for herself the honors of the premiership
as prima donna. The period of her engage
ment was eight months, beginning on the 18Th
of September, 1869, she to sing not less thar
four days in each week, and at one matinee J.
SO required. And for these services the delen
dant agreed to pay her the sum QSS1senty
dollars per week, to give her one benefit, ant
besides, as was necessary, considering Inc am
bulatory character Of the n'chings English
Opera Troupe, to pay all her travelling expens
es. except hotel bills.
There is no contest about the contract al
lered by the plaintiff; nor relative to the fac
that she complied with all Its terms, eXcep
that of capacity to sing and perform the par
allotted to her. The plaintiff alleges her abili
ty and willingness of all times, and the de
fendant, though admitting her willingness
strenuously denies her capacity. The cast
therefore presents simply the question, whelllel
Miss Blanche Elerman possessed the voice ant
the artistic culture required In an assistant
prima donna.
The defendant offered the testimony of near
ly all the members of her troupe to show natll
raj imperfection In the voice of the plaintiff
as well as entire want of musical training ant
education. The testimony of these member!
of the Richings English Opera Troupe would
have received some consideration In deter
mining the question presented by the merit:
of this case, were il not for the fact That grea
deal of said testimony forces me to the conclt
fying forgot they were not on the stage. II
would appear that they were disposed to joke
O good deal, not so much in the matter O.
praise of the plaintiff. Their opinion OF the
capacity of Miss Blanche Ellerman Is seriously
affected by the Overweening vanity which they
exhibited In estimating their own talents. l
we are to believe these censors OF the plaintiff
the '.Rlchings English Opera Troupe" has the
advantage over all other opera tronpes In the
is not a No. !, tirst-class. Indeed, some OF thu
wifnnsens uni,ld lnad ns tn hel,n,.n ~: th:i'
testimony that, like flour. they had passed in
spection and had been branded with
the familiar three NM. one OF them
particularly, called Drayton, had the au
niche of the musical troupe as Adelina Patti
the world-renowned prlma donna. 1t Is diili
cult to characterize properly such testimony
because 1t Is true in many things that there
Is but one step between the ridiculous and the
sublime. After having thus vaunted the ac
auirements of his dlrectress, the witness
Druyton, very complacently styles himself ''t
first-class baritone" There may be grave
cause to doubt whether the musical talents o.
the witness Drayton, are such that his name
will be handed down to.pOsterily as a mllsi
cal prodigy; but there certainly. can be nc
doubt that, through the Judicial archives ol
this State, he will be known by succeeding
ages as one possessing those peculiar menta
traits which entltle persons to compulsory and
often times protracted residence In lunatic
asylums.
The testimony of the other members OF the
troupe is, in substance, the testimony of Dray-
ton. Each Is s'flrst-class," and, indeed, II
would appear that with the eXceptlon'of the I'M
fortunate Blanche Ellerman, the Richings
English Opera Troupe was composed eXclns-
lively of 'irst-class artists" IN their own esti-
nation.
On the other hand, plaintiff has produced
the testimony of persons living in this city
professors in different departments Of music
who are well known throughout the commu-
nity in point OF their ability, intelligence and
integrity, and the testimony Of these gives
high character to the muslcal powers Of Miss
Blanche Ellerman. Her voice Is represented
as pure soprano, of great compass and capa-
BILE ofreaching the highest notes. Professor
Curto, who heard her, speaks OF her vocaliza.
tion as indicative OF both natural capacity and
artistic culture. Professor Seward conllrms
the estimate of Professor Curto.
The praise of such men is sufficient to eoun-
teract the testimony Of witnesses like those
who testified for the defendant. Curto and
Seward are men who leave TO others the task
of passing Judgment on their merits; their
modesty adds charm to their artistic educa-
ton which, though appreciated by all who
know them, by none was so exQuistely felt
than by himself, to whom 1t was truly refresh
Ing in the highest degree, after having been
compelled 10 listen TO the testimony OF the
witnesses of fdefendant-testimony whose only
effect as evidence is to prove the overweenins
vanity and supremely ridiculous pretensions oil
English Opera Troupe" - =
plaintiff.