New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-01-25
TIE CRITICS LICENSE.

THE CRITICS LICENSE.
MAX sTRAKOsCH AND MISS NILLsON IN COURT
ROCHESTER PAPER SUED FOR LIBEL.
A libel suit is brought by Max StrakOsch
against Joseph Curtis and Others, propretors OF The
Rochester Union and Advertiser and motion was made
Yesterday before Judge Sutherland, by exJudge Van
Worst counsel for the defendant to change the place OF
trial to Monroe County. This opposed by Mr. Seud'
der for the plaintiff who made counter motion to strike
certain portions Of the answer as impertlnent ana
irrelevant The complaint, which was read for the pur
poses Of the notion states that Mr. Strakosch has been
engaged in for years as manager OF oper
attic and musical entertainments and for some time past
has been giving series OF concerts in various cities In
this and other States with Miss Christine Nilsson ana
other artists that he had advertised for concert 10 De
given In Rochester the 18th OF Decenber that the
defendants on the 9th of December intending to ure
the plaintiff published In The Rochester Daily Union
the following false scandaous, and malicious LIBEL"
"Tne NILSSON swsDLr.-when will the people Of Rochester and
other to encourage the swue who are drawing
Of presenting hrsta mnsa
sfss That question that it time to consiier and that
On the same day The Union published the following:
Every c,en has hghtto pay as much As be choose,
against ,wnns and beg sd those who
S i tbs. 1 es' he sds s
The only other publication complained Of appeared
X s Mighty Hehue the Max s.
nG' Which i'' be ase ~ Ga% VT. saving Efos
ra.s :. veil he Understands how 10 humss public
importing inferior singers and sprg them upon the American people
an .tta lady ti made the ,d and StraAO'ch
qTi The s say that the
in the complaint do not contain enough to show their
in them il is conceded that Miss Nilsson an excellent
vocalist but that she was great singer-as was caused
by the testimony Of distinguished musical critics The
charge for TICKETS to the concerts Is as
TO go sit in the room with fashionable and
wealthy people, and would tap their employers I'LL and
sppear W it'll a young lady in white gloves The cost
viii be S pair Of tickets - for two pairs Of white
kids. for noo SsrriaSmtota A sc one or OF
more Of thieves among those who had NOT before
yielded to temptatlon Inc 9erehdns Sy
the same as the Nilsson concerts, embracing musical
equally high has Gs sTe sn nrre y
nertive that strakosch before giving the Nilsson con-
CANT character he published to induce people to be-
eve Miss Nilsson was superior TO any singer ID the
of AZ frst-cass singer taking rank with Jenny Lind
that Strakoseh did not make known the price Oh aus
was double that charged for concerts of equal grade pre-
viously; that srakosch induced Miss Nilsson to come
here under contract, to monopolze her services
and prevent her from singing In public except under ms
CONTROL and having done So exoroha,ey Ss u
had been as established by custom and usage anu tha
il was with to this that the words Inc Nilsson
The defendants say that editors Of The Union they
In with other OF ana ies 4 their
right and duty freely to express their opinions on all
Ished in the exercise OF that right, and intended as
plain and Just expression OF their opinion. Inc arces
gnoa motives for justiabe ends, and for the public
good and while the criticisms we're justly severe tey
Iva eInnneed composes all OF It, with the exception Of
the Legation that Miss Nilsson II not nrstcass SINGER
and Mr. scuder contended that that issue was sufficient
ExJudge Van Worst opposed the striking ont Of any
norton OF IT, claiming all the articles just and
That the points taken with regard 10 the prices Vi
ndsc sntherand-It very malicious article. What
business had your client to complain Oh ths price oi
ExIndce Van VoorstThe price OF tickets to concerts
had been limited to q tor yea ana n
Judge sntherland-what right had the editor to set
chose TO buy tickets and pay $40 for them did it
show my wealth. or SIT IN room Will we'S peSpi
that he was TO bring singer equal to Jenny Lind and
had heralded her. and anticipated the night OF his con-
mfyne his entertainment. Now, this is comment on
il that TIE singer had no such standing as Jenny Lna
fact that the papers that her representation almost
great as Jenny hnd TINS D1 man paosnes nese
Exdge Van yoorst-Our justification Is that this
parsonage was such character as Jenny Lind that
lie uniform charge for concert tickets was as before
stated S. and that this person. strakosch having hed
The newspapers with articles Mandatory OF this singer
deceived the public. have cut numerous CRITICISMS io
standing with Jenny Lind It is public matter as we
suppose and have set up in the portion Of the
they try strike out that ii is true and We on ~ %
it. II der0gatory to Miss Nilsson 70 say t'
equal TO Jenny Lind. We admit than s ne When he
bur We say that Mr. Srakosch made nhstahc "hon H0
said she was equal TO Jenny Lind 49,, nv I,dro Van |
In answer To q question by the judge ehouusp 'a on
Worst said that he had ~ witnesses ~Ho Mr. Sc"J
commodated by change OF the place oi u v If aSam
der said that he had 50 witnesses here many vi wn"
would testify 10 her qualities az singer bnp n r
w s1oughton Clarence A. seward, ana d. Dorrlus
;tsr some further remark Judge sutherland TOOK the
papers and reserved his decision
.,,rcrn I'D ,rrn1yLENr TRANSACTION IN CORN
a CASE INTERESTING TO PRODUCE MER'
CHANTS. -
The action of Jesse IIoyt Alfred NJ Hoyt,
Leonard Hazellne IT, and Theodore j. Hustled Jr, ast
Corbam A. Baker, Gilbert Montague, Abel Akin. Lloyd
d. Pierce, Henry J. Camman' and william a. morrison
came nm berorc Judge Gilbert yesterday. IN the Kings
|,, r,,o,It Court Part III. The plaintiffs, produce
ard omi sion lac rchants in New-YOrk cay, under the
ar, name of Jesse Hoyt Co.. allege that the defend
ants Baker & Montague wrongfuiy detained rom
to-, 6sT bushels Of cor worth sS,9li 10 TAey iurther
ILL.," .t ON the afternoon OF the 3lst Of october, lr0S