The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-10-24
CRITICS OF TIRE PURE Musk.
Wan or EXPERTFSM FIRED At
vICTOR HERBERTS HEAD.
THE street Organ u the court Of Appeals
writing 10 Order Kills Money Kiiis
Nianrsi ASKS tor q Piano TO pick
out Herbcrt's Vfsgiarisins In Court.

Music composers, music critics and other
great men Of melody had a field day u,
Yesterdays session Of the trial OF Victor
Herbert's libel suit against the Musical
Courier Company before Justice TruaN
" tho Supreme Court and a Jury. The
wSl-known composer and leader Of the
pfttsburg symphony Orchestra wants
$4,000 from the Musicd' Courier Company
for publishing an article to the effect that
Herbert cribbed the themes ~ his operas
snd didn't have eny originality anyway,
The day was taken up with the hearing Of
the testimony for the defendant, and when
court adjourned Only three witnesses had
given testimony. That vas because one
was a music critic and two we're composers.
Il took each long time 10 give his artistic
history before he gave any testimony, and
'hs test imony Of each was so phraSed that
he suiire movement was very andante
In opening the defence A. ii. Hummel
In most impressive language told the Court
and Jury that he would show as an in
Con,cstabe fact that consciously or un-
consciously. Victor Herbert plagiarized
Then Mark A. Bhnenberg. editor Of the
Musicoi Courier. and the person who wrote
the alleged libel, was called To the witness
stayed there most OF the day
o What 4. your business. Mr Bumer-
berg? am n musical critic, and for
twenty years have been editor of the MUsicGl
touri,r.
The witness said tina, he had written
the article complained OF after he had read
n despatch from London TO the effect that
Herberts opera. The Fortune Teller"
WA n failure in London
y Did the ,readnr OF tina. despg'oh. in
spare the article. as II weref II did. That
despatch confirmed my own iqdgm"rt W..
IN this country. must accept European criti-
clans ana decisions as iual.
. VI the time you wrote The art lcle, did
YOU haIe any attWosty toward Mr.. Her
bert? A. No. indeed None Whatever
Q And ar; roT now Of the SANE opinion
when y"A wrote rat ar'iclct 4 A. a mnSi-
cal cNpcrt OF, iMpree,lt"!I! ! an - ."
in n" To- 'r rxpis,n From W s g, Ira Of rrl,
,,ot ,occury a serious frld rMr dGmMe
are not educational art They are wit
ten Ia! m"felJ, for rnteug inm,,It.
herbert fell from the high place h", once
occupied IN muslogl AT md came to live IN
the atmo-ph-r" Of cheap comic opera, the
Mu.icci coW,ier turned awnl from him
. In your expert oln'on what Vas TIE
matter with his COMPOSITIONS? A Bah
They were written 10 order, and written-to-
order music cannot be good and, above all.
j, canu0t be aesthetic
in stice Trusx Don't YOU know thar some
ni tAe greatest compositions were written TO
order; 4 Us | hno%, ! knoT I at %%gntt
spG d iss s ar'' fa
composers wrote to order. hut they were III
spircd in their work by some great artistic
houses oil to-day produce great works OF great
uen. not 'ho-, PRODUCTIONS vi ere trou ,os
animals con or q, stage TO perform,
ny Juror Would you call the rusic Of
,iat; The f'.rnd Ci'yf" Gsomewha' con-
'emptupu-isl never "ardof it, op-r"tta-
Sr- no stan al ~ '-usir
Y What j. to guide one in d",eru ming
whether music j. rood OF bad 4 Good
music always becomes part OF N" rtp"r'ote
"p.rGS s esHant o %o0fE ar b Gr IT,,
OF gooi popular music Is whether it. PLAYED
on hand organs .: not. iierbert'- repertoire
ny juror Hpvc selections from other
operas been pmN-d on street orghns'
stance LIS !uj years old. bur II i, stu alive.
But men who are connected with brass bands
and comic opern@ cannot be really gr"1t
musicians and th"r cannot lead SYMPHONY
orohc-trs- IN"rb,tt used 10 b" the leader
Of the Fwenty--econd regiment Band
Such musical Cultur" AZ Herbert has had -
not conducive to symphony orchestra lr-de.-
q What is symphony orcl. e-,raiiou.
There are three kinds Of music string. wire
and explosive. SYMPHONY orChr-' TItlOhl~ the
combination Of these var Gus kind, ul music
O. What's explosive music \ TN" music
of cvmbsls and drums \ symphonv or
chestra PLAYS classical music Ike that al
nnch and Mo2n, and Wagner, It never
pigNs such music - Herbert Co'uBo-c>
wIi,"r Of r9ig'' G," r.r ,s t,n,n",r!""; wh"
nf svr'pl orv music rpu be .r-'hetic n .
dlHorrrc" between ~" TWO could 10" seen
II u dime move, writer tired 20 writ" shake.
sp.are. 'ls,urht"r herbert coni"d ron
Others, not necessarily n"oh.aicalv. ii,
irrmoriZrd oud repro uc,d He may have
h" j. no creator OF musical thought, phrds-
ar thnmo
q. Can YOU s,"nitF any work of Horbort's
that waS not ortpnaN certainly. The
IRE ident- March. arranEed y him II
Nv ,arn"r, yrnAs";%,,, ~ isai II vas o al,
room litter Ia his "s.ren4de. N" waltz
Grace OMor'." OF" OF TIA" di~r"putahl'
SONGS W: have here in America, which va,
,hrrcs an idcn' al harmonious progression
taken from faur"'' "Th" Palms"
The witness was turned over to Arthur
=. Palmer. counsel for Mr.. Herbert, Il
Cross-eXamnc.
o. Hav" YOU an advertising department
q. Did Herbert advertise with YOU
III, mansssr dId' think, o,.-.,.,,,o,,.
This notice Va. printed. 4 Sc, 49, ~
wo; And d.ln, yog, az 70 a man name,
couldn't say such tnnr
von2 A don't know never said that
q. You say that u man loses n>plrnt lor
{ he writes 10 order \ Yes, money kills.
Ry Justice 1rIaJ lets see about that
Verdi wrote AHA" TO order for the Shall
81 Persia Didn't he have in .pirgtion2
All lou mistake Verdi wrote that opnri
for the dedic1t lon Of IA opera hou~. by orle
Of the khedlve OF Egypt
Q. suppose compo'e r should CoutraC
% write an opera Would that hinder hin
from being original L. The making o
contract would Kill artistic n,prat ioi
Most OF the musician, In the court room
ook"d sad
Platon Brounon was the next witnes
for the defence. In qualifying as an IL
pert on music he said:
! studied music ia Warsaw and In othe
great European Con-"ryatorie- aud also unde
Rubnstein lie was IL" greatest Of RiS-ial
musicians. ] am familiar with all ancieu
aud modern compo SitiOn-: ! teach harmon,
and compo ton and am "a lecturer on rnI 4
% the Board Of Education
q. In your opinion, /, the music OF Veto
Herbert classical? A. In my opinion, II
)of ella Ssical and not original Ia his sym
,hony for the cello there il a part that wa
written by Tschnikow>ky I've year az
md every musician in New York knows |,
20; What rb io yGGHrT opinion 22LI iIrrb.It
Teller and Tn" Wizard OF the Nilos" A