The Portland daily press., 1870-06-23

AN OPERA TROUPE IN COURT.-A JUDGES
MUSICAL CRrTICIsM.--Blanche Elleman
young prima donna, engaged for the Bernard
Richings troupe, sued the latter for salary
Judge Cooley, of New Orleans, has delivered
the following interesting decision:
"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 exertions of
those who have spent time and money in ac-
quiring proficiency in singing; sbe is the di-
rectress OF an opera troupe. This opera troupe,
it appears by the record, adds to its many
sterling qualities in point of musical talent the
advantage of constant locomOtion-it is always
on the wing-peripatetic as well as musical !;
and goes by the we'll sounding title of the
'Richings English Opera Company Taking
its cue from one of the isms OF the day,
and in anticipation, doubtless, of the adoption
OF a sixteenth amendment to the constitution
of the United States, its fortunes are under
the motherly control and management OF a
woman.
at appears that the plaintiff was employed
to act in the capacity OF assistant prima dom
ma, oblgating herself to sing such parts in the
operas to be performed by the troupe as are
written for soprano voice, the directress re-
serving for herself the honors of the PREMIER
ship OF prima donna. The period of her en-.
gagement was eight months, beginning on the
18th OF September, 1869, she to sing not less
than four days each week, and at one matt
nee, if so required. And for these services the
defendant agreed to pay her the sum of $40
dollars per week, to give her one benefit. and
besides, as was necessary, considering the am.
bulatoly character OF the Richings English
Opera Troupe, to pay all her travelling expen-
ses, except hotel bills.
There is no contest about the contract al
legged by the plaintiff; nor relative to the fact
that she complied with all the terms, except
that of capacity to sing and perform the part
allotted to her. The plaintiff alleges her abil-
ity and willingness at all times, ana the de-
fendant though admitting her Willingness,
strenuolsly denies her capacity. The case
therefore presents symply the question,
,rhether Miss Blanche El.erman possessed the
voice and the artistic culture required in an
assistant prima donna.
The defendant offered the testimony of
nearly all the members of her troupe to show
natural imperfection in the voice of the plain
tiff as well as entire want of musical training
and education. The testimony of these men,
bers of the Richings English Opera Troupe
would have received some consideration in
determining the question presented by the
merits OF this case, were it not for the fact
that great deal of said testimony forces me
to the conclusion that the members of that
troupe, in testifymg, forgot they were not on
the stage. 1t would appear that they were
disposed to joke good deal, not so much in
the matter of praise of the plaintiff. Their
opinion Of the capacity of Miss Blanche FL
lerman is seriously affected by the overween-
ing vanity which they exhibited in estimating
their own talents. If we are to believe these
censors of the plaintiff, the "Richings English
Opera Troupe" has the advantage over all
other opera troupes in the world, in this, that
it has not one member who is not A No. 1,
first-class. Indeed, some OF the witnesses
would lead us to believe by their testimony