New-York tribune., 1902-11-09
MASCAGNl UNDER ARREST
BAIL ACCEPTED IN THE SUM OF
$4,000.
RESULT OF CLAIM OF HIS MANAGERS.
MITTENTHAL BROTHERS. FOR 5000.
WHICH, THEY SAY, THEY PAID
HIM IN ADVANCE
tBY TELEGRAPH TO THE TRIBUNE. !

lBT TELEGRAPH TO THE TRIBUNE.l
Boston. Nov. S-Mascagni the Italian COM
poser, was arrested here tonight, and for a
time was in the custody of Deputy Sheriff Fran
els j. Martin. Bail furnished by Richard
Hurd. Louis Kronberg and S. Kronberg. the
bonds being fixed at $4,000. The arrest was
made under a civil process. Mittenthal Brothers
claim SS.GO0 as due them in salary which was
paid TO Mascagni in advance. Brandeis. Dunbar
& Nutter. of this city. are Mascagnis legal ad-
visers.
Mr.. Kronberg, advance agent. returned from
St Louis to-day. He says the opera company
will be reorganized and started on the road
next week.
The managers of Mascagni on his late disas-
trous tour expecting all day yesterday TO
hear that the writ of arrest had been served.
Their Boston legal agent sent word in the morn
ing that the writ had been granted and was in
the Sheriff's hands No definite news OF the arrest
however reached them. Leon Laski. the attor-
ney for the Mttenthals. started on the midnight
train for Boston last night. to be present at the
first hearing Of Mascagni's case. which he
poets will early this week. Before his
departure he was in consultation with the man.
ayers at their Office.
"Mascagni will be sued in an action for
breach of contract" he explained. Being a
nonresident. he will have to be arrested. and
the so-called mesne process will be applied. his
failure to appear for the performance Wednes-
day being the immediate ground of the arrest.
The real reason for arrestins him. however
is that the Mittenthals wish 10 recover the SS.
600 which has been paid him and for which he
has made no return. He asked on Friday
TO return the money before legal steps were
taken but he refused TO give up. Then an order
for his arrest was applied for. This morning
our Boston attorney sent word that II had been
granted and that the Sheriff was after Mas
caguL We have not heard definitely Of the
arrest. but IL will come at any moment"
The Mittenthal Brothers declared yesterday
that they had no further intention in arresting
Mascagri than 70 recover the $4,000. When We
have recoRsred tnat." they said "he can go ON
with his tour. and may good buck attend
him. We will release him from his con-
tracts: we will not sue him for any losses that
may have occurred TO from his actions.
though we have lost enough on his trip TO keep
several families in a high state Of luxury for a
long period of years. But we win have back
that 5000 Sixteen thousand dollars more is
due us from the principals In the company, but
what action we will take to recover that is not
yet decided"
The Mittenthals Indignantly denied any re-
ports that the Mascagni company were left pen
niess In Boston. They showed receipts for $50
odd sent TO pay the fares OF the chorus back
to New-York. and receipts for the full salary
of the orchestra and chorus for the week
ended November 5 They did not however. ad-
nit sending money for the fare back of the
orchestra They also displayed last night a
part of their contract with Mascagni The
clause in this contract which they feel justifes
their legal steps reads as follows:
The operas 10 be presented exclusively, all by
Ptetro Mascagni. are Iris" "Cavalleria Rus
ticaua." 'ZanettO' and "Ratclin." each one or
which must be executed during the tour, II re-
naming however. in the faculty OF the man
agement to designate the time and place.
Having designated the time and place for the
performance of a certain opera. and Mascagni
not having presented that opera, the Mittenthals
alIese that the contract has been broken, and
broken on more than the last occasion Such
is the legal basis of their action against the
Italian COMPOSER.