The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-06-21
A MUSICAL JUDGE.
An Opera Troupe in Court-A Judges Musical
Critictsm. ~"

Criticism.
Blanch Ellerman, young prima donna, en-
gagged for the Bernard Richings troupe recently
sued the latter for salary. Judge Cooley, of
New Orleans, has delivered the following enter
tanning decision:--
'The plaintiff cultivates that branch of the
fine arts called music, and the defendant is the
directress 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 high-sounding title of
the 'Richings English Opera Company
1T appears that the plaintiff was employed to
act in the capacity of assistant prima donna,
obligating 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 premiership
as prima donna. The period of her engagement
was eight months, beginning on the 18th of
September, 1869, che to sing not less than four
days each week, and at one matinee If so re-
Quired. And for these services the defendant
agreed to pay her the sum of seventy dollars
per week, to give her one benefit, and besides,
as was necessary, considering the ambulatory
character of the kichngs English Opera Troupe,
to pay all her travelling expenses, 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 its terms, except that
of capacity to sing and perform the part allotted
willingness at all times, and the defendant,
though admitting her willingness, strenuously
denies her capacity. The case therefore pre-
sents simply the question, whether Miss Blanche
Ellerman 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 we'll as entire want of musical training
and education. The testimony OF these members
of the Richings English Opera Troupe would
have received some consideration in determining
the question presented by the merits of this
said testimony forces me to the conclusion that
the members of that troupe, IN testifying forgot
| they were not on the stage. Their opinion of
| the capacity of Miss Blanche Ellerman is seri-
ously affected by the overweening vanity which
| they exhibited in estimating their own talents
If we are to believe these censors of the plain
| tiff, 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. l, frst-class. -.
"One of them, particularly, called Drayton,
had the audacity to place the defendant in the
| same niche of the musical temple as Adelina
| Patti, the world-renowned prima donna. After
| having thus vaunted the requirements of his
| directress the witness, Drayton very compla-
| Gently styles himself "a first-class baritone.
| There may be grave cause to doubt whether the
| musical talents of the witness, Drayton, are
such that his name will be handed down to
| posterity as musical prodigy; but there GER
tainly can be no doubt that, through the judicial
archives of this State, he will be known by sue
| ceeding ages as one possessing those peculiar
mental traits which entitle persons to eompul-
sorry and oftentimes protracted residence in
| lunatic asylums.
'sThe testimony of the other members of the
| troupe is in substance, the testimony of Dray-
| ton. Each is 'frst-class,' and indeed it would
| appear that, with the exception of the unfor-
| tunate Blanche Ellerman, the Richings English
| Opera Troupe was composed exclusively OF
| 'frst-class artists in their own estimation.
"On the other hand plaintiff has produced the
testimony of persons living in this city-pro
fessors in different departments of music-who
are well known throughout the community In
point of their ability, intelligence, and integrity
and the testimony of these gives high char
acter to the musical powers of Miss Blanche
Ellerman. Her voice is represented as apure
soprano, of great compass and capable of reach
| ing the highest notes.
ssThe praise of such men is sufficient to coun
teract the testimony of witnesses like those wht
testified for the defendant-testimony who's,
only effect as evidence is to prove the over
weening vanity and supremely ridiculous pre-
tensions of most of the singers composing tn,
'Richings English Opera Troupe
''The judgment will be entered IN favor
plaintiff"