New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-11-11
ONCE MORE FREE
HIS TROUBLES WITH HIS MANAGERS
AIRED IN COURT-MAY CON
TINUE TOUR
EBY TELEGRAPH TO THE TRIBUNE. ]


Boston, Nov 10.-Pietro Mascagni the COM
poser, was before Judge Braley in the Equity
Session of the Superior Court to-day to answer
in the suit brought by the NIittenthal Brothers.
of New-York, for alleged breach Of contract He
was arrested Saturday mesne process. but
Immediately secured bonds for his appearance
to-day. The Mittenthals claim S12 900 damages.
He fled petition praying to be released from
custody. and It was this that brought be-
fore the court z. v. McClennen represented him
as counsel and Thomas ]. Barry appeared for
the Mttenthals
Counsel for Mascagni said that the Mtten-
that's had agreed to pay Mascagni 100000 for
fifteen weeks in weekly payments Of $4,000.
Before leaving Italy he was 70 receive $1,000.
and upon his arrival In New-YorlS $1,000 more,
the total amount to be applied toward paying
for the last weeks OF the tour, which included
, the Western States and Canada. Mr.. McClennen
then told of the trouble with the orchestra and
artists OF tho company. They refused 20 give
performance on November 8 unless they re-
oeived what due them. They were pre-
vailed upon. however, to give the performance
and that OF Wednesday afternoon, but positively
refused 20 go on at night when no money was
forthcoming. The management then cancelled
coming engagements.
Counsel pointed out clause in the contract
which permitted Mascagni, in event Of unfore-
seen circumstances nterruptlng the tour, 10
keep the $4,000. Under this 20 complete the
contract was impossible. Mascagni was entitled
to keep the money, and had not committed
breach of contract. On the other hand. Nit
tanthal Brothers had failed to make certain
A telegram received from New-YoTk sug-
costing a change in the terms OF the contract,
but he had wired back that nothing but the
original contract would be considered
After much argument bail reduced TO
$4,000 and Mascagni was left free 20 leave the
tour and management. Mascagni spent
the afternoon looking at the paintings and
ststuary at the State House.
A personal representative OF Mascagni came 20
this city yesterday from the composer and bore the
white flag into the Offices OF the Mittenthal Broth
ers Last night the Mittenthas said that they were
obliged 10 tell him that the at present in
the hands of their attorney and they could do
nothing till some legal adjustment had been made.
But they would not say there prospect of
the tour being continued originally planned.
Both sides. in fact, seem anxious for peace. They
may not. in the impulsve Mascagni fashion, kiss
and make up. but from the tone taken by the Nit
tenthals last night. settlement and possible re-
sumption Of the tour seemed in sight.
A curious legal complication has arisen from the
cross suit Mascagni has brought against the Nit
tenthals The brothers Aubrey and Harry Mitten-
thai are managing Mascagni. Another brother,
Mascagn caused TO be attached last week the box
office receipts of a Mittenthal attraction in Wor
cester, Mass This attraction, so the MlttenthaiS
say, is the property of S. S Mittenthal, who has
going bring still another cross action against
the composer for damages
| report definite action the Mascagn tour will be
| taken.