New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-01-08
OSCAR MAKES THINGS
HUM AS A WITNESS
Impresario's Manner and Use
of English Cause Jury
Great Amusement.
$4,000 WAS A GIFT
Never Received a Loan from
Stotesbury, but, on Con-
trary, Heaped Favors on
Banker, He Says.

Oscar Hammerstein promised TO make
things hum when he got on the witness
stand in the suit for $50, go brought against
him by Edward T. Stotesbury. the PhIla-
delphia banker, and he did. The jury to
whom the proceedings had seemed quite
a bore the first day of the trial. liyened
up yesterday. First they smiled broadly
and then they burst into loud laughter as
the impresario's inimitable manner and
use of English gave a peculiar relish to
his remarks
II was only through the protests made
by Herbert {. Smyth, counsel for Mr..
Stotesbury, that Mr.. Hammerstein was
prevented from making a real speech to
the jury somewhat in the style of the
oratlons delivered by him in the past
when lie was called before the curtain.
The necessity of answering questions by
simple yes or no. or in concise sentences
at least. seemed very annoying to the inn
prcsario, and he tried TO break away
from the gag rule by even protesting to
Judge Mayer. who smiled sympathcticaly.
but pointed ont that the objectinG coun-
sci was right
Mr. Hammcrstcin told of how ne decided
to build his Philadelphia opera house. one
of the reasons being that the people there
were being swlndled by the Metropolitan
Opera House Company, which had
heavy guarantee. He met Mr.. Stotesbury
at the opera during the first performance
in the new house. The banker took first
a mortgage OF $4,000 on the Philadelphia
house and later one of 10000 on his
New York house. Mr.. Hammerstein said,
to provide him with funds.
No Loss First Year.
The first year in Philadelphia there
was no loss" Mr.. Hammerstein went on
The result was very gratifying; did not
lose money. / received large presents
and eulogies. and lost no money"
At the beginning OF the second season
he talked to Mr.. Stotesbury about re-
cciving a guarantee. he said. being sur
prised that the Metropolitan company
was to give two performances week In
Philadelphia.
There ! was" he exclaimed. after
had invested million and "A half and had
given Philadelphia the best music II ever
heard had brought TetraZzini and Mary
Garden-why should | not get a subsidy
from the Philadelphians. who In the past
had allowed organ grinders 10 produce
their music "
Mr. sto,esbury. the lmpresario insist
ed. told him later on that he had called
up Mr. Widcner and that Mr. Widener
had agreed to subscribe $1,000 to a guar
antec fund. But nothing came OF IL.
Later. he said. he was instructed by Mr.
Stotesbury 10 show his accounts. and ,hc
loss up To that time amounted TO more
than 5000
The question OF the 1890. alleged by
Nh Siotcsbury To have been a loan AMI
claimed 5y Mi Hammerstein az a gilt.
was then taken up.
Did you ever receive loan from Mr.
Stotesb bury asked l.. J. Norhaus. coun-
sci for Mr.. IIammerstein.
Never" was the answer In all my
career
81 object" shouted MIR SMITH. Wait
minute walt manufacturing To stop
the flow Of Oscars speech.
no. no. You watt" yelled Oscar Let
me tell you, gentlemen, In all my ca
reer'--
But Judge Mayer stopped him
The first two transactions with Mr.
Stot"sbury We're not loans. ne SAL. they
were secured by a mortgage. lie never
received any fayors from the baulser. but.
ON the contrary. heapcd favors upon Tia.
inancier.
When the trolley strike broke out in
Philadelphia in February. 1917 he clio, I'd
h 80 opera house. Mr. Iammerstc. sail
lie met Mr.. Stotesbury on :he train and
they talked about it.
Il was not in financial distress. gentle
men" he went on. II did not want the
money for myself. and Mr. S;o.esoary
said, Damn IL all, ! will nay /, rignt
out Of my own pocket and you go on
and open your house If / kept closed
/ could not lose. as ! did not have to ray
any Of my artists. the strike being pro-
been much wiser for me 10 keep closed
I'm the fourteen weeks | had lost over
ssO.0J What was the use Of going on?
But he was so persuasive, he PERSIA Jed
me 10 reopen
"Did MIR. Stotesbury ask for any ac-
Z Acknowledgement for the money lac was TO
uav?" the impresario was asked
"Oh, yes, sort Of Acknowledgement,
I'm my own fine way, as he said it,