New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-12-10
MAPLESON AND BERTlNI.
THE COLONEL SUED FOR HEAVY DAMAGES.
rr,1s OF TUE rFYoRs FAILURE IL RIGoLEr-


400 y porxD TO SING AN OCTAVE TOO HIGH.
Cn,onel James IL. Mapleson was witness Ill
,ur hebaf In the Court OF Common Pleas yesterday
hefore Judge Larremore and jury in suit brought
,oinst him by SignOr Tobia Bertini, who Is now IN
pnrone The complaint was that after engaging 'he
,.nor as primo knore GSSotato for SIX mohlhS
cen October 90 lss3at $4,000 month, the Colonel
nacuivocally wilfully and maciousy. and with Inc
.r IN iniure the reputation Of plaintiff as en- artist
broke the contract for which $4,000 as damages was
claimed The defence was general denial ana couh'o
claim for loan of 81, 600 Colonel Mapeson appearoo
a, court smiling and unrufhei supported by Madame
1Aene MuIio Cell signOr Clito Moderate Erahl' La
o Arlit and Dr. Arthur Hills. expert in throatd dis
osos Dr. Lorenzo Uo, an italian lawyer represented
abe plantif and Haley FIske appeared for the Coohe
Paolo Lavila, composer and teacher OF vocal music
.s,iead that he had heard Bertini slug In Palermo
Itay as the in RgOettO" The following letters
were placed in evidence:
ACADEMY OF MUSIC, New-iofk' Oo" ~ 1000
10 SdGNGH of the lamenable failure met
" WeInesday evening last the l4th inst 1t Is my
a,Ui dnty TO notify you that in consequence OF your
ability 70 perform your contract hereby put an ecu
mat AZ me same time request that you will return
me the balance of the money that l ADVANCED " 'O"'
amounting to S2'ooo' hODi' JAMES H. MADISON
ACADEMY OF Music, November 10. 1888
Colonel JAMES H. MArLEsoN: $500. ro-,orhs ooae 70
me- yesterday evening and in order that you may not
have any cause of complaint against me- o.fcd nm for
n9Sa have full confidence IN my ability to sus;
tin nav ner and en- certain no fear that the public Will
not do me instice The result of such an opportunity
can in inure your Interests VILE tS, MY rho ar
s anu F -, s"yso Yonrs truly ToBA BERrlNL
ACADEMY OF Music, Nov. 10. 1888
Dr,p SIR. In reply 10 your letter of this date pro-
xiied suitable Arrangements could be made with the
view to engagement at salary commensurate win
over with you in friendly way. for certainly DO not
feel inclined to incur the Whole rsE ana n0 nI T
ia fON
In be consulted Besides this, rehearsals are required
order that you may be prepared req pToP s
that [ have ill-feelng whatever against you per
sonslly In fact wish you all the luck possible but
am snply the servant Of the public in the matter In
OF any possibility OF arrangemen should rather
suggest opera like "Ernani." which shortly con
template giving. and which should first OF all wish 10
"'"i -" Yours truly, JAMES II. MAPLFsoN.
To this Berrini replied that he would sing IN
"Travat" the following Monday, and after that Colonel
Mapleson could better consider the situation. Colonel
MaplesOn answered this as follows:
What You propose out Of the question, the state
OF yolr voice would first have 10 be aseertaned before
could consider any proposition for placing YOU again
before public. shalt be happy 70 see you or your
solicitor to discuss any time during tomor-
II you desire 1t.
Colonel Mapeson. called for the plaintiff read and
explained his contract with Bertni written in French
Aerit was signed Bertini and the rest of the opera
troupe sailed for America
Dr. Cno-Did you assign him part in an opera after
Colonel Mapleson-I gave lin his choice Of three or
Ole selected Rigoetto"; did he sing In the cpera'
Ale attempted 10.
O-Did he oder ms services in any other operal A.
He offered his services after put an end to the con
tract.
Cross-examined by Mr. Fiske Colonel Mapleson thus
described the singing Of Bertm IN Rigoetto" on the
only night on which ne permitted him to sing at the
Academy
In the commencement OF the opera he came on and
kent breaking down IN every upper nO'e When ne sang
on an natural sharp he broke down He od the
same the second and third acts. Before 10 hulsheI,
10 sing 1t an lower, because Il would scan
dali but he would hold on and broke down i've times.
and the audience AT last broke ont n laughter.
Odd your customers speak Of his failure lob
Judge Larremore-That is immateria. An audience is
always gracious OF Observation-Disclosures NOT at al
DR.. Ulo-No; nor impressarios either.
The witness said that Bertin took the place OF Cam
pauin principal tenor at the same salary Bcrtini
whom he had engaged at the recommendation
Of Madame Gorster had attended Tehcars
ais twice. Colonel Mapcson said that he
him q fair chance before the f0otlghts. Sometimes
those who sang badly IN rehearsals did ast1nshn-ly
better dressed for the part before the Ootlght
The other the company Nicini and Nico-
HnL He never had malice against Beruni OK wished
Mr. F sko moved 70 dismiss the complaint because II
was for tort and there was no proof OF malice.
Will prove" replied DR.. UIlO, "that Bertni IL just
"a competent singer AS Campanini" at which Colonel
NapelsOn and his friends laughed heartily.
The decision on the motion was reserved I'll tEls
morning.