New-York tribune., 1902-10-25
DAMROSCH DEPENDS HERBERT.
DECLARES PASSAGES FROM OPERAS
ARE NOT LIKE THOSE IN WORKS
OF OLD MASTERS.

me trial Of the suit Of Victor Herbert against
Inc Musical Courier" for damages tor hoei was
resumed b7fore Justice Trusx. in the supreme
court yesterday. With Signor Vianese IN 'he VII
ness chalr. He said ne had not had regular en,
sagefnent as conductor since 1929, but was engaged
IN making the American people fit to go TO Eu-
rope to prove that there is some artistic merit
here"
ASKED If originality in composition consisted IN
'Ne original development of a theme ne salo'
what a pity that talk with a person that does
not understand music! If you could talk muslcaLy
could understand YOU"
rage 80 Of The Idors Eye" he said was Ike
passage in Carmen
Have you the music here?' counsel asked
i have 1t here the Signor answered. tapping his
Iorehead with his forefnger.
is the music the same?"
Disguised" he answered.
We'll disguised?"
No"
Buzzt Pecca a professor of the New-York
Musical College, said '"Tne Singing Girl what
was called in Italy "everybody's music; that it
was like improvisation at a piano-ten bars Of
march, ten bars of waltz, without development of
any kind. The Fortune Teller" he said. was sim
liar.
Alfred j. Goodrich who said he was musical
author and a professor declared that The Idols
Eye" was not original He said he had examined
The Idols Eye and The Wizard of the Nile in
half an hour. and had found No. 1. Act 1, The
Beethoven's Ninth Symphony. The motive. notes
and Key were the same
Walter Damrosch. who qualified as an expert.
testified for the plaintiff in rebuttaL Handed the
passages which some of his predecessors had de-
clared similar TO older works. he said that they
were alike OF the serenade by Herbert and
Grace O'Moore he said that both were waItzes,
and that that was the only point in which they
Were similar "A waltz is a waltz he said. 'and
because Of that fact the composers OF waltzeS are
bound by certain definite limitations, which must
make necessary some like points In their compost
tions."
rs there anything in the music of Herbert that
is peculiar to the man htmself?
Most assuredly All his work is distinctly Her
bertan and is so recognized by musicians gen
erally.'
Regarding the alleged similarity between page 43
of The Singing Girl and The Palms." ne said:
They are alike I'm far the Introduction to
though two authors began stories 'once upon
time Such comparisons as have been made be-
TWEEN the second bar of Herbert and the first bar of
The Palms amount TO nothing. and do not reflect
on the originality of the composer IN the slightest
degree"
OF the similarity of page 147 of The Wizard of
the Nile and the WaIdteufel waltz he said:
The first few notes similar. and in the
repetition of the introduction this similarity is
naturally repeated. To say that this constitutes
does not amount TO anything Exactly the same
construction Of notes was used in MOzart's
Requiem and Handels Joseph Such accidental
Tesemblances occur a hundred times among the
great masters Beethoven, Bach, Chopin and
Mendelssohn: Mozart and Bach have developed the
same themes
The case will continue on Monday with Mr.
DamrOsch on the stand.