The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-02-10
MIR. BTRNE'S CASE.
An Opera Company's Accusation, against the
Editor of Dramatic Newspaper.

Editor of u Dramatic Newspaper.
Justice Planners court i'll Essex Market
had somewhat the appearance Of a grcen-room
Yesterday morning, on the occasion Of the OK
animation I'm the clsc of G.. A. Byrnc. charged
with libclling the Fryer Adams German Opera
Company in the Dramatic Ne'cs. Among those
attending were Nine. REPRESENTATIVES husband.
Mr.. {. H. Adams the tenor; Mr. Nigel, tho iinan-
cial manager of the Opera Company. and Mile.
Minzelli. Counsellor Howe said that Mr.. Byrnc
was not guilty OF libel; that the article about the
break INK IN Of the opera company. its want Of
success. its return to New York. the attachment
oi its baggage siNty-two times. and its unpaid
bills. were within the legitimate limits Of news
and criticism. and not actunted by malice. He
ntimntpd that the arrest and prosecution of Mr..
Byrne were frivolous attempts to procure graz
tuitOus advertising.
Mr.. Koch said that Mr.. Bvrne had made the
the garbage and filth of the profession. The
article must have been written in IL malicious
spirit Tine law defines libel to be malicious
statement published 70 hold upa person in con-
tempt or rdiculc. The article complained Of
was false in every particular. and injurious to
! After listening 10 long discussion. Justice
FlAmmer decided not to dismiss the complaint
Mr.. Koch then offered the copy Of the paper
refused 10 permit his client WHO Is advertised
rs the sole responsible EDITOR to testify ne TO
Court ruled that Mr. Byrnc could not he COM
PEELED tugivc evidence against himself; >,
Then Mr.. Koch called Mr.. Augustus H. Heck
Ter. much to that r"n',eni9n c9nst.rnidion, ny
he was II friend of Mr.. Byrnes. Mf. Heckler
testified thnt he knew Mr.. ,lByrnc to belhe editor
suadrd Justice Flnmmer to admit the reading
OF an article in the Ners OF Yesterday which was
about IA column long. and handled the troupe
rather roughly. and rcpenicd all the former
stgtnn!enis, with copiqus details.
Mr.. Howe protested vchcmently against adj
ina 70 nj
legged ilbci. Tut Justice f9nlmrr said he would
admit it, rs perhaps The alleged libel might be
therein confessed. After the reading the Jus
tice said that perhaps the alleged facts therein
contained were not known to the editor at the
time Of the first publication, or the last article
Mr. Byrnc at being dragged before n police
court: 1t might be made the basis of another
Mi Chas. Il. Adams. the tenor Of tho Pappen-
helm troupe. testified that allaho assertions in
the article complained Of were false. The
meet with ill-sucress: IL did not leave unpaid
bills. and its baggage was not attached sxty-iwo
/ times. The Adams referred to in the article
could not refer to any other Adams than him
self The troupe did not advertise in the Np,rs.
Souls,Iior love cro1s,n ia "a! p, Mr: Adams
| elected that Mr. Fryer quit the company ut st.
Louis. AT Baltimore the receipts Were sj.ja6
! for one week. At Boston they received 80 80 40
| the first week and 81. 263 the second week They
lett no mnna,d nils At Boston that ne knew OF.
! except that MIS- Wide sued mem Tor slo.uOU.
| anything. bu, that she owed It,
/ Mr. Howe proposed 10 put in evidence articles
! from the Cincinnati Gdlctie upon the subject Of
| the company difficulties in Justification oi the
| publications In the Dramatic NeirS. that upon
| one occasion between the third and fourth acts
/ OF Tannhuuser.' the chorus singers refused
/ TO 20 ON Tho stage unless they were paid wages
/ du" for pnst services.
Justice Hammer said he did not think that
material. becauSe they went on and played. Mr..
| Adams added;
The, refused 10 pay uusl paid, and they were paid.
Sisnor Taeiiipictrn We do not owe Inn stTj We owe
/ one performance. but thcy We're not taken Nine Mn
zcl leader OF the ballet dd not sue " tor $50 She Is
here now AMI AN speak Tor h.rsi edo not owe her.
/ Tor we have settled with h.r. know Alexandra ia
nms iinSS si,ci Win hsr We owed her on MN lie
reut, but lid not eaNe h. unpaid II i possible tina!
know Mr.. bluhc. We tl Mt owe Inn $50, but owed
linn something Tor er,lec. The Who'll, roupan, owed
week doni MmA we owed Ni., Human more
than two weeks We hhNc NOT owed the chorus Tor ten
Nj Adam, further said he did not read the Cincinnati
G,isf' as he clased that newspaper with Nv Bvrne's
sirakusoh Nor had he rnd article IN the couinbu.
N, snat sid VA ths ,l,maA .. We
! THEN salaries were paid
Justice Flammer said that In n suit for DAM
ages II would be necessary ior the accused 10
show that tho article complained OF was true
| but in IA criminal suit he need only show that he
/ believed IL to be true The article complained
90 may have been unjust and substantially I'M
tru' ana vet II may not Doe llhellpuS. The Justlil
cation must b. H. broad ~ the charge that there
was lawful occasion for the publication: that
I tine matter published WAS true. The motive in
! publishing u l. not material. IL thought the
I tendency ~ the publication was ceruinly libel
lous and calculated 10 lnlure the compninants
IN tlrir nusinHs- 1t appeared 70 be an nn,
/ the publication. n" could do SO 10y showing law
/ iul occasion, even If there was males.
The examination was then adjourned.