The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-10-29
JURY GIVES HERBERT $4,000.
"NI SICiL cor RIER" MUST PAY
TOR ITS CHARGE or PLAGIARISM.
{ composer Mobbcd by Friends--He stands
Treat-JudEe Charged That n He Was
Proved q PiaEiarist There Could Not
he Recovery; II Not. There Gould.

Fifteen thousand dollars In cold cash Ia
the sum that twelve men yesterday
awarded Victor Herbert. the composer OF
comic operas. as balm and compensation
for his wounded feelings. caused by an
article published in the Musical Courier,
M which his operettas and other COM
positions were attacked. The article de-
scrted him as "a plagiarist. whose roper
tory j. stone dead" IL attacked his repu-
tation as "A symphony orchestra leader,
on the ground that a writer of "shoddy
American farccs. alias leg shows could
not have the sort of musical ability or
Inspiration that was needed In a great
-vmphony conductor. Herbert promptly
brought suit for $50. 600 for libel.
Tn the trial it was shown that for several
wears past when Herbert used to advertise
in the Courier, his genius and originality
we're Landed to the skies He was re-
ierred To in editorials as the Irish Wag-
ner,- and his operas were described as
rcpete with life and brilliancy. An at
tempt was made by Herbert's counsel to
show that the article complained OF was
inspired by malice because Herbert had
ceased To advertise, but Justice Tr,iax
refused to allow evidence of this character
fo he introduced. The trial lasted over
a week
Experts and counter-experts were put
on the stand by both sides, and their testi-
mony as TO the originality Of Herbert's
compositions proved as conflicting as that
II handwriting experts az murder trial.
Frank d. Perley. Kirke La Shelle F. NJ.
Ranken and Otto Iangey. all posing as
thoroughly qualified experts on musical
matters, In addition to Herbert himself,
supported his contention that he alone
and unaided had written his -Serenade,-
Fortune Teller" Wizard OF the Nile"
and other operettas. For the defence,
Mark Blumenberg. editor Of the Courier
and writer of the alleged libel. was sup
ported by Platon Brounor. Signor Vianes
and Prof. Goodrich. These said that
Herbert's compositions were in similar
keys. on similar themes and In similar
notes as some works of Beethoven. Offen-
bach, Faure and Mozart. They all pro-
claimed with unanimous vote that no
man could write good music for filthy
lucrc. Inspiration. they said, was nom
existent when the spirit Of Mammon
noatcd near by.
Walter Damrosch and some more ex-
p"rts took the stand in Herbert's behalf on
rehuttal. The last batch Of experts were
cruel enough TO declare that they had never
heard Of Nianesi, Goodrich and the rest.
Justice Truax charged the jury yesterday
morning He said that certain parts Of the
article complained Of were libelous in them
selves, and that the jury must determine
10y malice. II the jury thought the Courier
had proved its case and that Herbert was
COPPER and not an original composer. the
plaintiff could not recover but unless that
was proved satisfactorily. a verdict with
damages would lie. II should be taken
INTO consideration, he said. that the defend
mt had been asked to retract it's statements
and had not only refused, hut had repeated
hem in its answer to Herberts complaint
The jury could assess a verdict in accordance
With their estimate Of the damage done to
Herbert's feelings. and they could add an
additional sum If they believed the libel
was inspired by malice, to act as a deterrent
IN the future.
The jury was out for about an hour and
half When the verdict was announced
rush was made to congratulate the VIC
'orious composer. Down in the rotunda
IF the Court House he was fairly mobbed
by eager friends. and he only escaped their
lnsistent advances by inviting them to
loin him in neighboring house of good
cheer.