The New York Herald Newspaper, December 10, 1853, Page 7

tracts with bim; I saw Truffi’s letter in t! their comtras published, and it was exactly correct; she sent it by a domestic from the Union Place Hotel to the Hriacp; it was written in the ceyg nent to the ‘rato in the afternoon, and appeared in the newspaper ‘Hapalp) next morning: Mr. Bennett did not know any- pg on the subject before its publication; Miss Trufli had the letter written, and sent 1t with a note to Mr. Bennett, requesting through his kindness for its publica- tion, Q. How long did Mr. Fry’s company continue to per- form in Philadelphia? A. From the early part of October until the Ist of November. Q. Where did the company perform next? A. In New York, at tne Astor Pace Opera House; there were gome troubles there; they origimated firet by Madama Laborde refusing to siog with me in tho opera of Lucia,” because I wanted the first duett transposed half a ‘tone down, avd because, also, she preferred to sing wth her husband; Mr. Fry asked of me the kind- nené of giving up the part in favor of Mr. Laborde, with the promise thet he (Wr. Fry) would give me the part of Edgardo as soon a5 we riormed at the Astor Place Ojyera House, in New Yors; Mr. Fry told me that dame Laborde would not consent ‘to transpose the duett half a tone; oue evening Mr. Fry caine into my Gressing room, I believe it was about the 13th or Mth of December. during thep formance of “Luerezia Borgia,” and he told me that he bad already advertise! in the newspapers that I was to perform in the character of Polliore, in the opera of ‘‘Norma,’? on the Friday follow ing, and I replie¢, that the part of Pollione had been already performed some evenings before by Mr. Arnoldi, and that it wasa sort of a rule among the Ita'ian singera not to sing a part when it had been already performod by an artist belonging to the same company and during the ame sencon; Mr. Fry, nevertheless, insisted upon my singing the partof Pollione; I made a proposition to Mr. Bry to let Mr. Arnoldi once more sing the part of Pollione, and should he displeace the public, that then 1 would sing the part myself, in which case I would request Mr. Arnoldi to write me a note, giving me the permission of singing the part of Pollione; Mr. Fry insisted once more,and did not want ‘Mr, Arnoldi to sing 1m * Norma,’ then I said to Mc. Fry, that it was more prudent not to oblige me to sing “Norma,” this opera having already failed, and it would be ruinous to the company if in taking that part I should fail myself ; I said, also, that the newspapers were against Madame Laborde as Norma, saying that the was a very good and beautiful Adios, ia ** Klisir d’Amore,”” but ver poor as Norma; I told him the newspapers said this; I never said to Mr. Fry that I refused to sing with Madame Laborde because she bad not talent erough to sing with me, as Mr. Fry stated on the sage to the audience; Mr. Fry went out from my dressing room, and went onthe @ before the audience, and stated that I had said that Madame Labore had not talent enough to sing with me; I did not krow that Mr. Fry had spoken to the au tience, but Mr. perg, the French Vice Consul, came to my dressing room, and informed me about the apeech of Mr. Fry; when [came out on the stage again | was hissed, and'at the time I was entirely ignorant of the cause of it, which I learned roon afterwards; after the second act of “Lucresia Borgia,” Isent for Mr. Fry; he came into my dressing room with Me Coit and Mf,’ Girard, and I requested Mr. Fry to tell ip the presence of these gentle- men, what I told kim about Madame Laborde, and what he (Mr. 'ry) had stated before the audienco; Mr. Fry re- peated to me that Thad said, and that he had stated to the audience that I had saif, Madame Laborde bad not talent enough to sing with mo; and I said that those were not the words used by me, but that I said only that the newspapers had said that she was a very good Adina, but not a good Norma; Mr. Fry insisted upoa it thatT bad said Ma¢ame Laborde had not talent enough to siag with me, when I replied to him in English that he was a damned liar; Mr. Fry put down his hat and operaglass, and placed himself in # pugilistic attitude; he tr.ed to hit me with his fist, but <id not touch me; I answered with a blow, and requested Mr. Fry to lea dressing room; but Mec. Fry wanted to fight, and I drew the sword at my ride with the intention of hitting him; Mr Girard interposed bis arm, and unfortunately he received a little scratch on the bok of his band; then I took Mr, Frydy the coat and ¢,:ct« i him from my dressing room; Fry fell down, and one o: the servanta of the theatre asiiste | him up; the next day or the day after, it was a ‘Thurrday, a concert was given at the Tabernacle by Mr. Fry with his company; when I presented myself to the fBudieace to sing, I was received with hisses, many hisses, Q. Do you kncw anything about Mr. Fry's furnishing, by Thimeelf of his agents, any tickets for the concert to rsona gratir, on condition that auch persons should iss you’ A. I know Mr. Fry gave some tickets to some agents to be dittributed gratuitously, for the pur- one Of Co) and hissing me w afterwards Mr. Maretzek, the leader of the orchestra, and told him that Iknew that some tickets bad beex given away gratis for the purpore of hissing me; Mr Maretzek told me that he knew it himself, and that he was willing to interpose between me and Fry, and check this troublesome matter, these things being very injurious to the management; Mr. Lafata, agent of Mr: Fry, had some tickets given to him by the manager to be ‘dittributed to some persons Urpose 01 coming to the concert and hissing me; I don’t know who liad any other ticketsfor the purpose, but there were many given. . Q. Do you know anything of tickets having been distri- buted gratuitously by Mr. Fry or persons in his employ for the purpose of inducing those who received them to hiss you at the opera house ? ; 1 know of many, and many tickets having been cistributed gratis for the purpose of hissing me cn the stage at the opera house; and ths firat who save che signal of hissing wore the per: sons employed in the theatre by Mr. Fry and hin friends; Mr. Kyle, the flutist, and his father, and Mr. White, the big, long, musical critic of the Courier c: Enquirer, and Dr. Forbes ind Mr. Sherman, (now prasent,) the lawy Q To what oscusion Go you aila le in your answer to the last preceding quest on? 4. le was occa ion of my Sit performance in the epera o! “Norma”? at the opera JOUE®, Q How long did you continue to ring under Mr. Fry’s wapagement at the Astor place opera house? A. From the begining of November, 1848, until the early part of February, 1849. Who was the manag: r ard director of the opera at ‘Astor place during that perl.d? A. Mr. Fry, tho plaintiff. Q. Please to state any facts within your knowledge a3 to the manner in which Mr. Fry, the plaintiff, condueted and managed the affairs of the Astor pluce opera curing the above period: A. Mr. Fry made some useless ex- penses which did no good for the opera; for example, he gave some suppers on the stage at the Chostout strest theatre, Philadel ;hia to which were invited all the sing- ers, the choruses, orchestra. and servants, which suppsr was given for the purpose of obtaining from the invited nests a rehearsal of the opera of “ Linda di Chamouni,”” ut the rehearral could not take place after having eaten and drank too much there suppers were revived at the concerts given at the Musical Fand Soriety, in Philadel- phia, by Mr. Fry, the plaintiff, which were two or Ehree in number ; 1 know also that Mr. Fry made up a subecripton for having a baton made for Max Mareteek, the leader of ths orchestra, but only a few ‘names were obtained, and Me. Fry had to subseribe himsel’ the remainder; I know also that Mr. Fry made a present of a ring to Mr. Dubreuil, who was the baritone of the company of Mr‘ Fry; also, Mr. Fry did import a number of chorus singers from Loudon, who ly useless and ruinous to the company; also, * @ was slmost at the ead of the opera uite expensive artists, such as Miss Fasehi- otti, Mc. Ferran, Mr Taffanelli, and Mr. Castroni; also, Mr. Fy bad made some costumes to go to a fancy dress ball; these wore for himself; all which expenses I consi- dered injurious to the success of the Italian opera at the Astor Place; Ihave seen Mr. Fry going to the oyster cel- Jar in Broa¢ way, between Houston and Priace streets, with Mr. Vanzandt, Grant, Richard White, Max Maretcek, and ‘Mr. Sherman, the lavyer present, and Dr. Forbes and his brother; there they ate and drank the beat they could; I never put my foot in the cellar, but this was reported to mue about their eatirg and drinking. Q. What number of artistes was required to give repre- sentation at the Astor Piace Opera House, snd what num ber was actually employed there? A. Eight artisis were required, to wit: two prima dopnas, two tenors, one bari- tone one bass, a contralto, and a comprimsrio ; Mr. Try had actually fouiteen; five prima donnas, including the contralto and the comprimario ; Mias Tre Mca. La- Derde, Miss Fasciotti, Madame Pico, Miss Patti; I for- got, there were two mere, to wit making altogether sixteen arti:/es; Mra, Rossi Corsi was coptralto, and Mr. Rossi Corsi was the baritone ; the: four tenors— myself, Labrrde, Arnoldi, and Fenari; three baritones— Dubreuil, Taffanelli, and Rowi Corsi whom Ihave already mentioned; two bassi—Mr. Valtellina and Mr, Rosi Q. How much additional expenditure was incurred by this increased number of arfises? A. I think that $3,000 more monthly was expended on this account, Q How many performances ‘were given weekly? A. Three usually ; once or twice, in the beginning, Mr, Fry gave extra vights. Q For whom were the three regular weekly perform: ances given? A. These were given for the subscribers Q. For whom were the extra nightsgiven? A, For the public that were not subscribers. Q. What were the relations which existed between Mr. Fry and the principal artistes of hiscompany? A. There existed nome ill feeling towerds me, Miss Trufi, and Mr. Real, and food feclings were entertained towarc’s Madame Laborde, Laborde, Dubreuil, Patti, and othe Q. Wiiet was the cause of the ili feeling towards you, Trufli, and Rosi? A. Because Mr. Fry did not believe in the ees Of Mise Trafi when she was ill at Philadel- z ring believing that I and Rosi su red. ‘ruffi ihe icea of being sick; and from jealousy Fry supposed that [and Rosi had, on account of Mr. Fry lhaving engaged the services 0! Madame Laborde, Laborde, and Du>reutl, Q. Did to your knowledge, did Rosi, suggest to ‘Miss Tru! of being sick on the oocasion referred to’ A. I never dic, nor did Rosi. Q. Had you any’ jealousy or any hostility towards Mr. Fry, in consequense of his engaging the services of Madame Laborde, Laborde, and Dabreail, or either of them? A. No, I never had any jealousy or hostility about it ; Isent a letier to. the HERALD office, requesting it to be published, to contradict what the newspapers had Btated against me after the night of the fight; I directed the letter to James Gordon Bennett, Kaquire, and it waa in an envelope, Q What newspaper stated anything against you to which your letter wasarepy? A. The Courier and En- quirer, the Tribune, the Mirror, and the Sunday Alas; this is a true copy of my letter, and a correct on Q know whether Mc. Fry ever did anything to defame your character or rtandiog a an artist and a citi- pen ; if 60, what? A. In the first place, the speech of Bir, Fry before the audiense was made to injure my stand- ing as an artist, and also ciuizer, and second, because ‘Z believed that the artic Lhave above ramed, were caused to be published by Mv. Fry end bis friends, and as a proof, a letter which I sent to Mr a enclosing a bill for earriage which I had paid, and which he was bound by contract to reimburse me; ‘Mr, Fry sent this letter back to me, and it waa despatched to himseif alone, and to my surprise I saw the contents of it in the Courier and Enquirer of the next day, contained in an article which riticuled me. Q. What wore the characteristios of Mr. Fry’s manage- ment cf the Opera? A. His capacity was poor in thea- trical business, and « procf of thisjis that he engaged fifty performers in the orchestra, forty chorus singers, more peaiane than were wanted, made more ex; costumes than were necesea! dd Mr. Fry told me that for,putting “Norm: the stage costhim a thousand doilara ; alto, Mr. Fry ocmplained that he was Mi Gefrauded by seme of his em #, when I and several other persons had advised ry not to employ those men who bad defrauded him, and when I said to Mr. Fr. that he ought rot to employ the pewons who afterwar: defrauded him, he roplle that as the advice oxme from the artinta, he would keep thove perrous in hivaervice, and Miter Max Maretzol had rared that yag of the abors employes bad, robbed Mr. Fry, thea Mr. Fry discharged the man. Q. + How ma: iY performers were required for the Astor Place orchestra? A. Abont thirty, Q How many were necessary for the chorus? A. From twenty-two to twenty-four were enough for the Astor Place Opera House. Q. Of what country cr countries were the performers in She short A. Ee, Ttalians, some Germa some Americans, and some lish; it was the Tower Babel—of all nations es Q. what countries were the performers in the or- Ghestr A. Italians, Germans, and Americans; the greater part were Germana _Q, Was any diffienlty experienced by any of the prin- cipal artistes in consequence of the persona who com- rored the orchestra, snd if so, what was it? A. [ do not remember of any, except Mr. kyle, the flutist, wad Mr. Herreg, the double bass player, hissed me, Q. Please to state what occurredat tre euayer given by Mr. Fry to the artists and performers tn Phulsdelphiat A. ‘The supper was prepared on the stage at the theatre, after the performance of the opera of “Guiramento;’”) the artists and performera invited by Mr. Fry eat and drank; upper consisted of chickens, turkeys, hams, snd ( ther different ¢ is) ba m| hock, claret, and = biandy—these were drank; with the exception of about four persons, myeelf, Trafh, and two or three others, sll the rest of the artirts, periormera and employes of Me. Fry, remained to take supper. Q. Please to state whether or no the facts set forth and contained in your letter above testified to aa haviag been sent to and publi-bed iv the Hmratp are true, each and all of them? A. Yes, they sre true. Q. Look at the printed paper marked ‘0,’ and state whether or no it ina true copy of a letter sent by you, and if so, to whom and when was it sent, and for what urpose? A, It is a true copy of my letter; it was sent to br. Girard, a8 member of the committes for five years subscribers to the opera; it waa sent on the 30th of Nov., 1848; it was sent ay an answer to the letter which I re ceived the evening before from the committee. Q. Have you in your possession or under your control the letter received from the committee to which your note last mentioned isa reply? A. I have not. Q. Is it lost or destroyed, or do you know where it is? A. [should think it is loet; I did not preserv Q. Please to look upon the printed paper marked “ D,”’ and say whether or not itis a correct copy of the note received by you from the committee of five years sub- seribere? A. Yes, it is a correct copy. Q. P.eare to etate whether or no any instance or in stances occurred at the Astor Place Opera, or elsewhere under Mr, Fry’ management, while you belonged to the company, in which tbe orchestra or any of its members pla) ed badly; and if 60, enumerate the irstance or in stances, if any occurred, and state in what particulars they played badly? A The members of the orchestra played badly neveral times at the Astor Place Opera House, principa ly at the first performance of the opera of ‘T Lombarei,”” in which I sung the part of Oronte; I was obliged to the time to Maretzek, the leader of the orcher tra, use, when I rehea: the J ‘a, he was in Pluladelphia, with Madame Labord hers, aud I had to rehearse with Mr. Lietti fora leader; Maretzek arrived in the evening of the per’ormanoe to lead, with his baton, without knowing the time already determined upon at the rehearsal; fa the opera of ‘Robert d’ Evereux,” Mr. Kyle amused himself by playing out of tune while I was singing; he played hal’ a tone too low; I don't remember any other instances, Q. State bow long, and in wha. Leatres, you have been engaged as an artist in Itallan opera? A. I began my pene as an artist, in the Italian Opera, in 1842, at eroona; afterwards I sang at Toulouse, in France; then Como, in'Italy; then in Copenhagen, in Denmark; then ia Hamburg, in Holland; then at St. Petersburg, in Russia; then in Hamburg agaln; and then in New York, Philadel- phin, and Boston, under Sanquirico and Patti; and thea with Mr. Fry, as'T have already stated; the orchestra was cog enough, but the leader was good for nothing for the } was good for a military band; a retzek, der, previously, had been no- thing but s chorus raster; Mr. Fry engaged Maretzek throogh the medium of Strakosh Q. Who recommended Maretzsk to Fry? A. Mr, Stratosch; Mr. Fry had no experience for the manage- ment of an Italian opera; Mr. Fry had a very small capacity for conducting an Italian opera; Mr. Fry had no qualifications to enable him to conduct on Italian ops le many blunders as manager of the Ita he engaged too many singers which were not use- ful to the management, also too many members of the orchestra, and too many chorus singers; and also on ac- count of the selection of such a poor leader of the or- chestra; also the several useless expenses made by Mr. Fry for travelling, and unnecesssry 5 and costames, which Jed tothe ruim of the Italian opera under Mr, Fry’s management, Q. What eftect had these disqnalificationa on the suc: cess of the opera? A. They were the ruin of the opera under Mr. Fry’s management; towards one and a few more of the artista he was very unpleseant, and I shoald think very feeble and weak towards some others; I speak ‘of Mr. Fry as a manager, and not as a man ont of the theatre; towards myrelf and some others ho was harsh and exacting. and towards the rest he was the opposite, even to weakness, Q. When did you first see Mr. Sickles upon the subjact of your testimony in this cause? A, From fifteen to iwenty days ago. Q. Have you not conversed with him frequently, and for along time together, upon the subject? A. I have seen Mr. Sickles only once; I met him on the corner of Spruce or Frapkfcrt and William streets; nothing was saic om the subject except that Mr. Sickles said he wanted me to bes witness; after that I did mot see Mr. Sickles untill got the summons to attend court as a witness; Mr. Sickles gave me a printed copy of the plead tga, bt fhe did not say a word to me on subjer Q. Have you rot frequently seen Mr. Galbraith on the tubject of your exemination in this cause? A. Only once, tee years ago, at his office in Park place. Q. At what time? was there not,preseat an interpreter, and were you not examined, and was not rea examiua- tion taken down in writing? A. I was invited to go to see Mr. Galbraith, betog sn the point of leaving for Mexico; Mr. Galbraith pointed out the letters sent to the by myself and Mies Trafii, which I have spoken of, lén in the HRRALD speaking about t ders committed by Mr. Fry in his management, and I was requested to state whether the letters sent by me and Miss Tufiii were correct, to which I answered ‘; I was requested te state, according to my experience as an artist, if the les pointing out the blunders of the m ment we ccrrect, and my answera were in the aflirmative; a French gentleman was there, who was unknown tome, who acted as interpreter betweeen meand Mr. Gelbraith; the statements I made were reduced to writing; don’t recollect whether they were sworn to or not; I saw Mr. Sherman previons to my going to Mr. Gal- braitl’s office, but Mr. Sherman declined to g» toMr. Gal- braith’s office; therefore no one was there to represent the interests of Mr. Fry; I believe that Mr Sherman re- ceived a notice to go with Mr. Galbraith and, I think Judge Sandford, to tee me at my rooms, No. 119 Murcer atrert,for the purpose of baving me to state what I knew on this subject, but my business pi at home to receive them; Mr. Sh , in ps sence of Galbraith and mysolf, to [thes Mr. Galbraith’s cflice, saying that it wae illegal—that the prodeedings were iWegal, Q. Was that statement in writing, or was the examina- tion left in Mr. Galbraith’s office? A. Yea, it was, Q. Were those contracts respectively marked Nos. 1 and 2, hereto annexed, punctually and faithfully performed by ir. Fry? (Contracts shown.) A. Regarding the my ments, yes, except a bill for carringe--a small bill, which has not been paid by Mr. Fry, but ought to bs, agcording te the terms of our contract; the bill was twelve dollare for me; aa to Troffi’s, I don’t know; it waa for taking wy- self and luggage to the railroads, going to and coming from Fhiladeiphia and Boston. Q. Have you any other exception to make as to the fulfilment of your contract with Mr. Fry, or tuat of Truffi with Mr. fry, than what you have stated? A. Regarding money matters, I bave no other exception to make, but I complain of « breach of rule in his having obliged me to sing in “Norma” at a short notice-of only forty-eight hours, when I was not bound by @ contract to do so; I don’t know of anything in regard to Trafii’s contract except what occurred at Philadelphia, which I have stated; in the month of November, 1848, in the city of New York, he requested me to play “Norma,” it waa the night Thad the dispute with Mr. Fry, whea ‘Lucretia Borgia’’ was performed. Q. Do you recollect, when you sent the bill for carriage hire to Mr. Fry, that he returned it, alleging as a reason for not yaying it that he was not bound to do so by the contract, or that it was not customary? A. He re- turned the bill, saying that he was not bound to pay it. Q. Did not Mr. Fry deposit the sum of $2,200, in cash, in the hands of Samuel B, Ruggles, of this city, as sesu- rity for the jaithful performance of your contract and Miss Truffi’s contract? A. I know that Mr. Fry made a Geporit of a certain amount, but I cannot tell what amount it was, because 1 deposited in the Chemical Bank $1,200 to necure the contact of Miss Troffi in case Mr. Fry thould fail to fulfil it with her, which deposit was made by me to favor Mr. Fry; the bargain entered into between Mr. Fry and mytelf was that he (Sr. Fry) had to deposit the last two month’s salaries for myself and Truffi, but at the time the bargain was made Mr. Fry had not the necessary money to deposit, and I, to secure Misa Tsvfli and to favor Mr. Fry, went and’ deporited in the Chemical Bank $1,200; I did not see the deposit by Mr, Fry, but only knew what Mr. Ruggles wrote ;1 do not know whether Mr. Fry deposited the money or not, of my own knowledge, because I had not nen it. Q. Do you know that Mr. rity? A. I do not know. Q. According to the bargain, was or was not the money to be deposited in the hands of Mr, Samuel B, Ruggles? A. It was to be. ‘ Q. You have mentioned that you deposited $1,200 in the Chemical Bank; was not that an arran; int _be- tween yourself and Misa Trofi, with which Mr, wey met rag to do? A. Miss Trufi did not know, wi I made the deporit, thas it was made to secure hor salary, but it wasan understanding between Mr. Fry and myself, because Mr. Fry had not the money at the time to it. Do you recollect that Mr. ‘ry did not put up the secu- gave to mort. gee on wardrobe and music to secwe posit the hands of Mr. Ru; of the sum of two hundied della secutlty r your and Trufli’s silary? A. He gave me the mortgage on the dresses, and music particularly, as security for notes given to me for the fale to him of the wardrobe and music which I made of the same; he gave me no other mortgage. Q. Lcok at the writing now produced and shown to y: marked Exhibit No. 3, and say whether the signature Mr. Fry is the trae signature of Mr. Fry. A. bor A * Q. In not the are of KE. P. Fry om the back of the Lo et genuine signature of Mc, Fry? A. es, . Q Do you not recollect that the instrument was given to you for the purposes therein mentioned, and was after: wards given up to Mr. Fry and csncelied? A. Yes, itis the document given me whieh was afterwards returned to Mr. Fry and cancelled. fom of m did Mr. Fry pay you for the music whit a nd Patti, and sold to jollars ; fifteen huncred cash dowm, and the reat im on, not Q. Waa it not all paid powary: at maturity? A. Yes, all was at maturity. ‘0 leo wi now shown to you, and Q' Ixok at the paper the signature thereto, marked bit No. 4, a copy of which is hereto annexed, and whether the rignat H nos the ponuine signature of Edwacd P, Fey? A. Yea, Q. Were not Trufi and Rosi interested with you in the wardrobe end muric old to Mr. Wry? A. No. Q Wore yoa pious interonted ia it? A, Aye, alone, . Do you recollect that after yor and mi to Mr, Fry that he Bat 78 the same gratut- tously to perform operas in Boston about one month? A. It was a verbal understanding between Mr, Fry and my- self that I should sell to him the wardrobe and music for $6,000 provi¢ed Mr. Fry would let me have the use of the game gratuitously from the 24th of May till about the 26th of June, 1848; I formed a company to perform in Boston, on shares with them, excepting Beneventano, who was paid, 0. Was there a little, or anything, left for the principal singers to ekare, after paying all expenses? A Yes, there was something left; I have nothing to say about how much, because I believe it is my private business; I know what it was, but that is my business; about the buriness of my puree I will give no account whatevar; I was called here, [ believe, on anothar subject Q Have youany further answer to give to the ques tion? A. No. Q. Do you not recollect that during the opera season of 1847 and 1848, under Sanguiirico and Pare you had a quarrel with them, and they sued you? A. I recollect it very well; [hada quarrel with them, and they sued me; I beat them, andthe Court condemaed them to pay mo my claim with interest. Q. Do you not recollest that dnving that season you re- fuged toplay the part of Artino in the opera of “Parita ol” after the first might it was played? A rer re: fused; on the contrary, I was asked by the managommt to give the part of Artizo to Sigeor Bailiai, another teuor; the managers Wid not_ark me to sing that part, and, therefore, 1 could never have refused; 1 had no occasion to refuse. Q. In tho principal sities of Italy, is it not customary for the same company to perform every night in the week, of Rix nights @ week? A. No; I don’t remember te have’ had any contract requiring me to sing six times a week; but, certainly, I never did sing six nights in a week in Europe, : Q. Have you not known principal s'!rgers of the com- panies in which you have bsen engaged in Europe to have eung six nights a week? A, Never; the “supple mento’ is one who fills the part of another when Lo is sick; ‘'comprimario’’ parts are those parts between the first and tecond grade in an opera. Q Who was the physician of the Opera compary under the management of Fey? A. Dr. Forbes. Q. Is itnot customary for the manager of an opera company to bave « physician to attend the membera o the company when they are sick, or supposed to be sick’ A. Scmetimes itis, and sometimes not. Q Did you not receive from Mr. Fry a higher salary, including benefits, than you ever had before during the same epace oftime? A. No, I had received more. Q. Where, and when, and under whose management A. At St. Petersburg. Q. Did you any where else’ A. No; I am acq ted with the handwriting of Settinio Rosi, and have seen Lim write. Q. Please Jock at the paper now produced and shown to you, marked Exhibit No. 5, and a copy of which is hereto Snnexed, anisay whether the eignatures thereto, of Set- tinio Rosi and Edward P. Fry, are or are not genuine sig. natures of those persons? A. Yes, they are. Q. How long before you made your contract with Mr. Fry, Gated May 19th, 1848, did you first become acquaint- ed with him? A, About twelve or fourteen months pre vioua. Q. Did you frequently converse with him on the aub- ject of music of opera and opera houses? A Only once, and that was about one month previous to the contract. Q. Did you not, before then, frequently converce with him on the subject of the opera of ‘* Leonora?” A. No, not often, but once or twice about the duett in “ Leono- a; I now remember also, that after Ssnquirico and Patti’a lense terminated at Astor Plas, Mr. Fry proposed tbat if the principal artists should go on, he woul! be glad to make an arrangement to bring out his opera of “Leonora,” which- arrangement was not made. Q Doyou recollect that Mr. Fry had a contract with Sanquirico and Patti to bring out the opera of “ Leono. ra?? A, Ido not remember; | know that the part was too high for Truffi, but I do not know that it was altered for Truffi; Iam not acquainted enough with the tures of ‘Sanquirico and Patti to judge about their writing; before I made an engagement to sing for Mr. Fry in his ccmpany, I was on ordinary terms with Mr. Fry. & What induced you to make an engagement with Mr. Fry? A. My profession; my profersion and the rofite derived from it wee ute Eccgersated bs ‘ry during my engagement spoke about fproduci Leon meinen ‘I have never been invited to any rehear: ab andthe opera of ‘Leonora’? was not produced or re- hearsed. Q. Was not the opera of ‘‘Norma”’ the first, opera that was putin rehearral? A, It was. Q. After that, was it proposed either to produce or re hearse the opera of “Leonora,” so far as you know? A. I ¢€on’t remember; I was acquainted with Mr, Bennett and his family, but I bad no friendshtp with him or his family; I visited them two or three times in company with Mr. Pageeli’s family; Truffi and Rosi came once to pay a visit to Mr. Bageoli’s family; they remained there eight or ten Cays; Isaw Mr. Revoil thera occasionally, but I did not know that he was a reporter of the Henaip. Q. About how long that summer were you at Hastings? A. I believe five weeks; there was (hen conversation about music and opera, without alluding ‘o particalar persons or f£easons, except on one occasion, in which I sa'd that Mr. Fry had engaged Dubraielle and Valtellina, which in my opinion were useless for Mr. Fry’s purposes; but Mr. Bennett was not present on any docasion. Be el Mrs. Bennet! présent on any of those occasions? A. No. Q. How Led have you been acquainted with Miss Trufli? A, Siree my debut in Cremona, in 1813, Q. Upto the time when your engagement with Mr. ended had not y Rosi.ana Mise Truffi, al ways performed in the same company together in this country? A. Yer. Q. Dering the time of your engagement with Mr. Fry, were you not a very intimate friend of Miss Trufii’s, and are you not now married toher’ A. Yos. Q’ About how long before Monday, the 24 of October, was it, that the part in “Norma” ‘was givea to you to study? A, About a fortnight, according to the ordinary rule of the Italian Opera, when a pact is given out for study; I krew thatthe members of the company were to go to Philadelphia, and the opera of ‘‘ Norma’? was thy first opera to be produced there, but I did not kaow eitker the ¢ay or the hour at whicb the company was to atart for Philadelphia, except #o far as to have been advised by letter at the end of t! id concert at the Tabernacle, about 11 o’clock in the evening, that I was to start at 9 o'clock next morning, and that night as well as the next day, the weather was very unfavorable and stormy. Q. Was that letter written or printed! A. Printed, Q Did you preserve it? A. No, I did not Q. Look at the printed paper now produced and ehown to you, a copy ef which is hereunto annexed, marked Exhibit No. 6, and say whether that is not a true copy of the letter you refe . A It ia, Q. Doyou recollect about how many times ‘Norma’ was rehearred in New York before you went to Philadelphia ? A. I believe two or three times. Q Was the concert given at the Tabernacle crowded? A. Yes, it was crowded. Q. Did either yourself or Truffi sing a solo at that con- cert? <A. I didnot; as for Truffi, I don’t recollect. Q. Look at the printed Paper now produced and shown to you, marked Exhibit No. 7, and say whether it is not » bill of the raid concert at the Tabernacle? A. Yes, it is. A. I rémember about myself, and nothing whatever re- garding Miss Trufi: about the opera of “Norma,” I re- member to have advised Mr. Fry, ow account of Mr. Fry having requested my advice about the Italian opera, not to perform “Norma,’’ but another opera suiting better my voice; but from the hour the parts were distributed I took part in all the rehearsals ordered by Mr. Fry. Q. q the part of Pollione, in the opera of ‘Norma,”’ unsuited to your voice or abilities as a singer? A. It is the same as if you asked me te go into a tailor's store ard buy a coat; I will find many well enough to suit my urpoee, and may be only oxe that will suit me the best; observed to Mr Fry, that’ the concert was an: rounced in the name of Mr. Strakoscl, and as I was not obliged to ring for Mr. Strakogch, not having any engage- ment with him, I declined, at first, to sin, the concert at the Tabernacle; but when I raw in this advertisements, in the bills ane newrpapera that Mr. Fry had made ar- rangements with Mr. Btrakosch, then I did make no more observation cn the sutject, but did my duty. Q. Do you not know that Miss Traffii, aa well a3 Rosi. sbjected, also, on the ame — 88 yourself? or did they not do ro to yourself im your presence’ A. I don’t know what they cid or said on the subject. Q. Fo far as you know, ¢id the other members of the company, except yourself and Miss Traffi and Rosi, ad on to Philadelphia the morning after the concert on the 2d of October? A. I don’t know anything about it. Q. You stated you went on to Philadelphia with Truffl on Tuesday, the day after the concert, at four o'clock in the afternoon. Do you not recollect that the opera of “Norma” was announced to the public to be performed onthe Wednesday evening, but was postponed to Thu ening, which was the evening whon it was per: A. Certainly, I remember it was no. Q. Was either yourself or Truffi at rehearsal on Tuesday evening? A. Certainly I was not; I arrived in Philadelphia at 9 e’clook in the evening; I made propositions to Mr. Fry, not for Miss Trufil alone, but for all the priacipai members of the disbanded company of Sanquirico ani Patti, to have them engaged by him and that ! woul! sell him the wardrobe and the music, to enable him to be the manager of the Italian Opera Q. During the time from the concert at the Tabernacle to the end of the engagement with Mr. I'ry, did you or not attend to the matters of money business that Miss Truffi bad vith Mr. Fry? A. Yes. Q. On Thursday Katee in Philadelphia, when the 0; of “Norma” was firet performed, and ‘Truffi stopped af- ter the cavatina, an¢ retire i from the stage. do you or not recollect whether you was on the atage at that time? A. I was on the stage at that time. Q. Did you see her when she stopped, and when che re. tired from the stage; and if you ray yer, did she not bow to the audience and retire? A. Yos;I saw her, and she mi ai udience according to the rules in Italy, by wi signified that she was sick, and could ‘not eon’ formance. Q. Did either yourself or Miws Traffi, at any time before thie, inform Mr’ Fry that Miss Truffi was unwell, or re- quest of Mr. Fry that he should make any apology to the audience on her account? A. I know that Truffi did com. plain generally during the rehearsal thi 6 Was unWe and I do not recollect that Mr. Fry made any apology, a1 I did not request Mr. Fry to make one. . Q. Do you recollect whether you yourself sccompanied TruM home en that evening? A. I believe I did; the hotel of Truffi was Jonea’s, almost opposite the thea- tre; I boarded at the same house, but the artista’ door was in the rear of the theatre, an? to reach the hotel we had to go round the block, and come into Chestout fae bane Traffi requested me to get a carriage for her jo go home. (a Do you not recollect that just immediately after from the stege, that Mr. Fry called to see her in the @: room and ioquired of her how she was, and then had an apology made to the audience, and the audience were dismissed? A. I believe this was 0, but I was not present. Q. Did you tee Miss Truffi again after she retired from the stage before she had teken off her ‘“Norma’’ dress and pu: on her own ordinary drers, or about how long af- terwards was it that yourawher? A. I saw her with her own ordinary dress when she requested me to get # car. riage fer her, and I got the oaleg?, and [ accompanied ber across the stage; she gave her arm to her mother, went down the stairs to the carriage, and I don't remember whether I weot home in the carriage with her, or went home through the ar Q. Wan it not usual for Truffi's mother to accompany her to and from the opera? A, Yea, but aot giving her har arm to enppert her, Q -Adont bow many timen aftor this dtd yon perform g the part of Pollione, im ‘Norma,’ at Philadelphia? A. Once or twice. Q About how many times did you form the part of Polliove in “Norma,” at the Astor Opera House oe this? A Three or four, or four or five times, be- ve. Q. You wentioned that you bad two or three rehear- sais of “Norma’’in New York previous to going to Philadel- hia; were these orchestra rehoaraals? A. 1 do not recol- jot if these were orchestra 1ehearsals, Q. About how many piano rebearrals were there? A. I don’t know how many, but there were some. Q. Did Trufi ever perform aa‘‘Norma’’ in New York? A. Never; Misa Truffi did not eay that she did not want to form in Norma,” bat that she would like to perform in another for her debut in New York previous to ‘Nor. Ay Q. Was there any one who could perform the part of “Norms,’’ im the company, as well ae Miss Troifi or Mad ame Laborde? A. No, there’ were only two prima donnes. Q. Were you acquainted with Signor Arnoldi? avd, if Yeh wae he nota member of Mc, Fry's compaay? 'A. yes. 8 Q. In what cepealty aaa singer was he engaged, if you recollect? A. He was engaged aa prime tenors, and for the advantage of the management, he was also engaged to perce the paris of suppiemento and comprimario. Was he not agreatly inferior ainger to yourself, and in the estimation of the public? A I decline to pass judgment on another singer in my line. Q u have mentioned that the opera of ‘‘Lucrezia Bor; * was performed on Weduesiay,the 29th of Novem. ber, 1848; do you not recollect that om the previous Monday evening you were sick, and that Arnoldi took the part of Pollione in ‘Norma’”’ A. I recollect that I was sick; I believe vt di | apenas the pact of Pol- lope in “Norma” the preceding evening, but 1 was nos present on the Monday evsoing. Q. Do you or pot recollect that on Wednesday evening, when “Lueresia Borgia’ was performed, that your name was in the printed bills then posted, to take tha part of Pollione in ‘‘Norma,” on Friday evening? A. I do not recollect. Q. Do you recollect who it waa that was announced in the bills’ to perform Poilione in ‘ Norma’ on the ensuing Friday evening, and if so, who A, I understand that my name was in tae bills, Q. When you so understood thia, did you not desire to see Mr, I'ry on the subject, to have an explanation with him aboutit? A Yea. Q. Im consequence of your desira to saa Mr. Fry, did not the interview take place between you in your. @resaing room? A. Yes Q. Was or not the conversation in that interview be- tween you in French’ A. Yes it was Q Do you not recollect that im that conversation you told Mr, Fry that the public was your mamager; to which Mr, Fry replied that the ublie should Knowitt,’ or to that effect?’ A. Yes, I told Mr. Fry that the public was my manager, Q. You have mentioned that you told Mr. Fry that the newspapera ha ridiculed Madame Laborde as Norma; do you recollect any newspaper had ridicutkd Madame Laborde as Norma except the New York Huraxp? (The worcs ‘except the New York Hunan’? objected to. Question withdrawn. } Q. What nowapaper ever made Ma’ame Laborde in the character of Norma the subject of cruei ridicule? A. The New Yorx Herat, Q. Were you not, and have you not haen, always of the samo opinion as the Nuw Yor Hxeacp oa that subject? A. Certainly. Q. Is not the character of Adina in ‘ Elisire d’Amore”’ that of # peasant or country girl? A. Yos, it is. Q. Did you not frequently say, both before and after this interview with Mr. Fry, that Madame Laborde w: unfit to si the part of Norma? A. Corteiniy, New York Norma drew more than in Philaceldelphia, and about the same in both places as any other opera, except the night of the row, wher very crowded. Q. On Friday, the lat of December, after you returned to the stage a second time, and Mr. Fry had addiessed the audience, did you not, almost, immediately after, through your part of Pollione as usual, without any ‘di turbance, andrecsived the usual applause from the au- Gience? A. Yea I did. Q You mentioned that Misa Truffi wrote a card and sent it to the New York Herarp; can Misa Trufi write a letter in Eoglish correctly? A. { don't know; she took Jesgons in English, but I do not kaow if she can write a letter correctly. Q. Did ris ever seé a note or letter, in English, cor- rectly written by Miss Truffi? A. I never saw a note or letter, but I saw some of her English exercises in English; [ don’t know in what language she wrote it, but Ikpow it was sent written in English to the New Yor« Hrnatp; I cannot swear that she wrote the card herself iu English, but I'am willing to swear that the card sent to the Hzraty is her own card. Q. Cau you sear that she ever wrote that card in Ital- ian or Freneh? A. J do not know. Q. Do you know where that card was written or trans- lated, or who was present at the time any part of it was written? A. I don't know; [ saw the card in her hand when it was already written. ice Did you read it over with her before it waa sent? . You. Q. What aangiags was it then in? A. It was written in English, ard afriend of mine translated it to me, Q. Who was the friend? A. A gentlemaa Q Willy give his name? AN Q. Was he a reporter or writer fo: he or not suggest the writing of thecard? A. He wea met a reporter or writer for any newspaper according to my knowledge; I don’t know if the gentleman intquestion aug- gested the writing of the card. Q. Did or not Trufii tell you who wrote that car: No, eho did not; I know that Misa Trufli seat for a friend yy newaprpar? did of hers, and reques‘ei him to write the card according to ler own views, and after the card was written I happened to see her wit a frieod of mine, when Trafi showed the said card tous, and that friend translated it to me; ahe told me at the time his name, but J do aot uow recol!set it; 1 betieve he was an American. a Qu a8 Fou yourvelt write a letter in Esglish correctly? . No. Q. Who, then, wrote your card published in the Herato? A. An American friend of mine, Q Are you willing to give his mane? A. No, sir, Q Were there apy other persons present when the cari was written, except yourself aud hit A. I Dalieve not. Q Where was it written? A. In a room. Q. In what houce, street and number? A. I won't an ewer, Q Are you willing to say whether Mr. Sickles wrote that card or not? A, I said that a triend of mine wrote it, and I decline to answer apy further. Q. Are you willing to swear that Mr Sickles did not write that card? A. I don’t want to swear to such things; two cifferent persona wrote the two di‘ferent cards; I am willing to swear to that. Q. Was your card ever written in French or Italian? A. It was written in English; [ sent it by somebody, but1 don’t recollect by whom. -, 9. You mentioned that a concert was given at the Tabernacle the night after “Lucretia Borgia’? was per formed, which was on the 29th of November; was Mr. Fry present at any time during that concert? A. [ doa’t recollect; I believe that the name of Fry was in the bills; otherwise 1 would mot have eung; all the parts sung by the | eager of the company were given by the manage- ment. Q. Did Mr. Fry perform at that concert? A. Ye, he id; I would not hi jung hed it been given in Fry’s name, because I had a contract with Mr. Fry which had not yet expired at that time; the same contract in evi dence here. Q. Did you ever see Mr. ie Chas any one in his presence, give away or distribute any tickets of admission to vbat concert? A. Ne. Q. Did you ever see Mr, Fry, or any one in his presence, give avwy any free tickets of admission for the opera at the Astor place opera house which took place on Friday evening, at the time of the disturbanoe, when ‘Norma’ was played, Ist of December, 1843? A. No; I saw free tickets of sdmistion given a nd those tickets could not have been given away except by the management. Q. Where, when, by whom, and to whom, fer either of those eccasions, were any free tickets of admission given away? A. In Astor place, on the morning of the cousert, by La Fata, to a Sicilian barber; I don’t recollect now his pame. ¥ Q. How many tickets ara you willing to swaar that you saw ae La Fata give away? A. I cannot remember the number. a. willing to swear that there were more than ‘en. Q. More than two? A Yea. Q. More than three? A. Yos, there wore as many as five or six, Q. Were there any others present but you and the bar- ber and La Fata? A. No. Q. Are these ali the tickets that you yourself saw given away? A. Yes, that is all I have seen myself, Q You have raid that Mr. Fry gave a supper on the o stage at Philadelphia, after an opera was performed, to induce the company io go on and rehearse another opera; vere you present on tis occasion of that supper? A Mr. Fry invited me to be present at the supper, but I went away when the tables were arranged on tho st. for the rupper, and went home to take my own sup; I raw wine bottles on tie table, and I supposed th. they were for use; I left before the supper was com- menced. Q Are you willing (0 swe: that there was anything a that supper except cold meata from the hotel and some light German wines aad some ale and porter? A. [ oan- not awear what I don’t taste; I Ceem any expente extrava gant in the manager of an opera, when it ts pot required by contract with (he members of his company, and a3 a proof of this, the rehearsal proposed by ie. Fey did not take place after ‘he supper. Q. Do you rot recollect that Madame Laborde was sick, and on that account the rehearsal could not go on? A. I don’t recallect that Madame Laborde was sick. Q. How many suppers were givea at those concer's altegetber? A. Two or three. Q. Wasthere any more given at those suppers thea some crackers and cheese some light wines, porter and ale? (Objected to as being leading.) A. There were tome cold chickens, turkeys, hams, © wine, cham pagne and Bordeaur wine. Q. Did you see all that yourself? A. Certainly; I took ap’ cold chicken and drank & glass of champayve wine ; I was invited to the saloon; they offered me to drink and eat, and I did not inquire if it was for myself alone. Q Were those suppers for anybody but the performers? A. Tdid not take any paina to inquire who they were fr. Q. How much champagne if any, did you see drank there? A, I drazk the g’ that the y offared to me, and then I went away; but ltaw megre waiters serving many bottles of champagne. Q. You tpoke of a dress which Mr. og Ag fora fancy ball; aid you mean to be understood refer to more than one dress? A. Only to one complete dreas Q ea ot ofa baton ited to Maretzok; did Ph our #ee the subscription list for that baton? A 16 likt was presented to me, genie ove my subscription. Q. Did you eubscribe? A. No, I not, Q, Did you see the subsoription list afterwards? A. 10. Q. Did Mr, Fry, or body in his presence, ever toll you that ibecribed anything or paid anytiing for the baton . Neither Mr, Fry nor any one else in his Did Madame Pico ever iy or perform at any time during your engagement with Mr. t. A. Madame Pico ‘waa in the bill for the first concert, but she did not sing, Q @ Pico ever oy perform at any time ment with Mr. Mey? (Objected to on Ground that it has been yrid answered.) A. Mad. eme Pico’s name was on the bill, but she did not sing because Mr. Fry broke bis contract with her. (Answer ing your objected to aa irresponsive to the question | She did not sitg during a engagement will Mr. Fry because Mr. Fry broke bis contract with her, (The words because, Mo., objeotad bo because irraipousiva to the question. | Q |o tho longs oopcects that are Crequea!'y gram in not often have an orchestra of 60 or A. Sometimes more, sometimes Less; Joney Lind had 1b 80, Q. In the principal opera fi often hsve an orchestra from ception of the great cities in wll courts are, they at the Scala of Milan, reputed the frst ra house of the world, there are only from 34 to 35 chorus singers, male and female Q. How is it ia London and Paris? been at the operas there. : Q. You mer tioned also ia yoor direct exarimation that Taflanelli and Faseeiotti, and Castrone were engaged; did theyappear aad perf rm before, about the beginning, or middle of i bruary, the clove of the season at Astor place’ A. They ssng one evening before tiie close of the Astor Place Opera House reason, birt I wasin Boston at the time, and Ishould think that was the only time they sng with Mr, Fry. Q You mentioned also that Rossi Corsi and his wile } were also engaged by Mr. Icy; wore thay mot engaged some time ater the commencement of the season, and temporarily A. I have aot seen the coptract of Rossi Corsi. Q. About how long, according to your best recollection, did Mr. Rosai Corsi and his wife siog in the company ’ A, I should think that their engagament commenced the month after my eugegement, aud daished about the same day that wo olosed in Boston. Q During t:@ season at the Astor Place Opera House, re not the operas of ” “T Lombardi, ? The Barber of Seville, ae of Hurope Jo they not ae with the x A. I have never 5 4 ‘+ Roberto eux" performed? A. They were all played. Q At the time when Truifii performed Norma ia Phila- de}phia the firat time, was there nots full house: A. It was a fair good house Q Were not the audience on that night diemissed. and the tickets or money returned to them’ A. [ cavnos cay anything about it; I was on the staze at the time, and [ ¢o not know what passed at the ticket office. Q. Must not the loss to Mr, Fry on that ocsasion, from the disappointment of the public and the dismissal of the aucfence, bave been very considerable’ A I do not think so, for on the second night of * Norma’ the Louse was fuller than the first, * Q. Did you not say and believe at that time that the opera would soon end, or to that effect? A. I do not re- sotlect to have said anything upon the subject, Q. Is it necessary that a person shor ‘be an Italian iw order to be a good performer in the orchestra, or a gocdchorus ringer? A. Yea, for the Italian opera Q. Have you not known persons who were not Italians who were good members of an Italian opera orchestra, or xn Italian opers chorus? A. Very fo Q. Doving the management of Sanquirieo and Patti, ig not most of the chorus of other countries than Italy’ No. Q Under the management of Sauquirivo and Patti, aud Polligeiani, at Palmo’s Opera House, were there more Ttalians 1 people of other conntries in the chorus? A. ‘Thay were such a mixture I could not tell. Q De ring your engagement with Mr Fry.was thera not igen of ill feeling between yourself aud Maretzsk’ . No. Q Do you kmow snything about Maretzsk before he cums to this country, exoupt what others have told you" A. Treosived # letter before Maretzek came to this coun- try, in which it was eaid that M. Maretzek was coming to this country as a director of an Italian orchestra and concertatora; whera he had been but # choras instguctor, acd the person who wrote me this was very much astonished to see that Max Maretzek was called to fill such offices, “Q. Who wrote that letter? Queen’s theatre, London ., @ Are you willing to give that name? A, I don’t think it necessnry; my assertion ought to be sufficient, Q. You mentioned various places ia Earops, ia your di rect examivation, in which you performed Italian ope: in what capacity were you employed in those companies: Name all of them, A. In the capacity of firat tenor ab- solute always. Q. Were you ever leader of an orchestra or manager of am cpera company in Europe in any of those places. A. No, | was always a singer. Q You mentioned in your direct examinstion that the subreription niglits were three nights a week fur the sub scribere; were they not also for the public? A, They weregiven first for the subsorivers and then for the pub- lio, if any ceats were vacant, Q. You mentioned in your direct examipation that some extra nights were given; were not they for the aub- scribera as well as for the public generally? A, Tuey were for the public in general; the public were admitted whenever seats were vacant. Q. Do you recollect that Mr. Fry, at the commence- ment of the opera season, publulied’a prospectus or A, Aa employe of the gramme of arrangements, ina small pamphlet? A. Yea, Q. Look at the pamphlet now produced and shown t you, marked ‘Exbibit No. 8," and say whether thit is pamplles. A Yes, it is! the sigastures are all in the handwriting of the respective parties, SISTO BENEDETTI, FIFTH DAY. Deo. 9.—At the opening of the Court this morning, the deposition of Joseph R, Fry, brother of the plaintia, was read by Mr. Sandford. EXAMINATION OF EMANUEL MAS3ERAS, Emanuel Maaseras was then sworo and examined for the plaintiff, Q. Are you an American or a Frenchman? A. lam a Spaniard by birth, but naturalized Frenchman, Q Have you ever been connected with any paper in this city? A. Yes; with the Ovurier des Etats Unis, Q. Was thata French paper? A. It was, Q. How long have you been connected with that paper’ A, About eight years. Q. Do you know Benedict H. Revoil® A. I do, Q. How long have you known him? A. I knew him frst at the end of the yoar 1346. Q. What time did your intercourse with him oe A, Inever had any intercourse with him. Q. Did you know hia general character among those who knew him? A. Yes, Q Do you know what his character was as to truth and veracity? A. Very bad. Q What was his goneral moral! character? about thi DO, Q From your knowledge of his general character, would you believe bim to bea credible witness—would you believe him under oat? A. No, sir, Q. Mr. Massoraa, were you is the habit of attending the Italian Opera daring Mr. Fry’s management! A. Al most every night. Q. What was the character of the audianoas sasembled there—respectable or otherwise? A. It waa very re tpectable. Q Had you attended operas frequently befora? A. Yea, rir, very often. Q. Were you at tis opera when Mr. Fry came ont and said that Benedetti refused to sing? A. No. Q. Did you ever see Mc. Fry in the charaoter of an ape at Any timet A. No, air. Q. Were you at the opera at the time of the row with Benedetti’ A. I was there. Q. Was the aucience respectable oh that night? A. ‘They seemed to me as respectable as ever. Croas-examined by Mr. Brady.—Q. When did you re- side in France? A. From 1823 to 1846, Q. What was your oxcupation there? A. I belonged to the press, and was secretary to the Duke of Monteliano. Q. Is he living or dead? “A. I suppose he ia still living. Q. To what paper did you belong then? A. I wrote for the paper called the Preis, in the year 18344. Q In what other cocupation were you engaged? A, I was em ployed in writing French distisnary. Q Waait ever published? A. I think so Q. Don't you know? A, I believe it was; I only assinted in it. Q. Were you the editor of paper in this oity? jA. Yes, Tatarted tle Phare of New York. beer Q Are you acquainted with Mr. Fry? A..J wanted Mac ame Pico to ting at a conoert, and I went to Mr. Fry's house, introduced myself, and asked permission for Madame Pico to sing, which was grauted; that was the enly intercourse I had with him through the whole A. It waa ceason. Q. Do you know Mr. Richard Grant White? A. Yes, 1 know Mr White of the Courier and Enquirer; 1 kaow Mr. Otia, Dr. Forbes, and Max Maretzek. Q. Were sil you gentlemen accustomed to moet at the opera? A. No, sir. Q. Have you seen them there? A. Yes, Q. Did you attend the representations of the opera al- mont every night? A. Yea, sir. Q. How did you judge. of the respectability of the audi- ences which you saw there? A. I saw a great many there that knew, and I kaow nob<dy bat respectable people, Q. How couid judge of others whom you did not heow? A. By their dees, Q. Do you know any sprting men? A. No. Q Do you kuow any gamblers or rd thee A. No. Qa Le fe know any respectable ing awindlerst A, I might know them, Q. Do you judge of a man only by his dress? A. No, ir. Q Are you safficiently acquainted with sporting mon and gamblers to go into Broadway and select one by hie appearance? A. No. Fi Q What is the appearance which would enable you to cetermine whether or not thers wore sporting gentlemen at the opers’ A. T cannot tell you. Q Do you know any of tho.prostitutes of the city by right? A. No, siz. Q. Then you do not know whether they were at the opera or not? A. Of course not. Q. In what mapner did your acquaintance with Mr. Revoil begin? A. Thad no pocial ictercourse with him: 1 him Dates fe y because he was acquainted witn every one around me. Q Ml he quarrel about? A’ We hadno quarrel Q ja ys speak to him when you met him in the stree' Yea. Q. Did you speak to him when you mot in society? A. T never mot him in society; I never was the first to speak bel at any time, fine ‘ ‘6 youknow what is usually meant by the phrase “cutting” aman? A Yes, y’ Khris Q. Dic youever ‘ cut’’ Mr. Revoil in the strest whea you met him? A. 1 may bave passed by him #0, Q. Did you nod to him when he passed you? A. Some- times 1 did, and sometimes not, Q. Did you ever let him know at any time that you did ot feot pleasure in hia acquaintance? A. | believe I did “y How did do A. Y¥« . How ‘ou do it? A, You know, sir, I belie well an myrel what coldness ia, tf TR Q. Wh 'y friend on the other side asked you if you knew his gerers! character, what did you understand by the words? A. Tunderstood it to be a question whother his word could be confided in. Q. Did you over have any persomal iatersourse with bin? A. Not myself, but every one around me. Q. Give us the names of those persons who spoke to you it the Fresh pepanties ct Ge chy. en emeee tnt Q, Can you mention one of those girsone apoke thar? A Me. De Ja Forest and Mr, G: i . ee! Q. Where are those two gontie: ? A, Ia France at prerent. Q Can you give the names of the persons whom you Q Wore you ever = judge in any way whatever? A: anppene #0. s Would you, if you were aitting on a jury and Mr, Rar voil should be brought up to testify to = and shouss he Shan teat wilhont sag. motive to bias him end ae- bale oom | him, believe him? A. If sobody com tradicted him, and he had no motive but to state facts, £ don't know but that I should believe him. Mr. Jordan—Did every body you met or talked to about bim, give him @ bad character? A. Ai our Freacis population, of everybody who knew him eight oat of tem spoke as | say. CHARLES LASALLE’S TRSTIMONT. Charles Lassalle, eworn—Q. Of what couatry are you @ native? A. France, Q. How long did you reside there? A. About tweakgé three years. Q What bnginess are you in’ A I publish the Courrier Des Flats Unis. Q Isthe English name of that paper, the Courier of the United States’ A. Yes, Q. How jong have you publishedit A. About twe ‘Oars. * Q What were you engaged inin the yours 1618 and 1849! A. Printing Q. Do you know Mr. Revoil? A. Yes, Q. When did you become acquainted with him? A. le 1846 or 846. ‘ Q. How long since he went back to France? A. I doa’t 20W Q, Were you well et hh acqnainted with him to kmow what his character was among those who know him? A. Yes, sir he did not enjoy a very good reputation. Q Wasit very iowor very aigh? A, It was oeither very low, nor very high Q. What was his character for truth and veracity? A. My own opinion is that it was bad; I cannot tell you what other people thought of him, because 1 heard very litte said about him. Q. Did you ever bave any business relations with him? A, We were in ths same office. Q, Caa you tell me any esd who spoke illof bhimft A. Mr. Daguean, the agent of the Frenh steamers here. Q. Any others? A. The majority of his tailors in Now York. (Laughter.) Q. What did the tailo:s say about him? A. The tailoss complained that he di¢ not pay his bills, and several oome sider d him as a swindler. Q. What did Mr. Daguean say? A. He told ma he bait oil out of his vessel, on account of his having zd advised his cificers to go to improper say about him? A. [think that wasenough. (Laughter Q. Was there anything else said about him? A. A many thinge, but it is almost ¢ight or ning years ‘ and I can’t recollect what they were. Mr. Jordan, counsel for plaintiff, produced a copy of the Herat, dated lat of January, 1864 in Court, aot wished to pro¢uee it in evidence. Mr. Jordan—I wish to prove from Mr. Bennett's own de- clerationa relating to this subject. I wish to raad am ar- ticle in whieh he «pak of the generally capricious tition of the people at the Opera House and the 2 of managing them. The Court—Everybody knows that. Mr, Sandford—At the time of the publicationof this ae- ticle Mr. Bennett was in Europe. The Court—Anytbing asserted in the Herat when Mr, Bennett is out of the country is certainly incompetent, PAUL ARPIN’S TESTIMONY, Paul Arpin, swore—Q. What country are yous aative of? A, Fran ve you been in America? A. About four Q. How long teen years Q. Were you at any time connected with the Courier Des Kats Unis, A. I wasfor four years the proprieter aad editor of that p Q. How long have you beenin America? A. About fom- teen years. Q. Were you acquainted with this Benedict H Revolt es “river introduced to me when I came to New You, in ay Did you see him before he left for France? A. U i Q. How many times? A, About three or four times. Q, What time did Revoil leave this country to go baat to France? A. In the beginning of the year 1849, I think. Q. In what business was he in from the time you Gest knew him until he left? A. He was engaged to write om the Hrgap, Q It wan four or five times that you saw him after you were introduced tohim? A. Yes, air. Q. Do you know what character he bore at that time? A. Mr. Gnillardet, when he was first introduced to me, told me that his character was bad, and that I had betesr not vee him. Q. Did you hear others speak of him #0, also? A, bay is Q. was the general opinion expresseé of hin? &. aes opinions 1 heard expressed were not favorable te 1m, Q: In reference to his character an a man of trath aad veracity, how wasthat? A. I think it was mot goed, at far as I kx ow, Q. Was his character, asa man, goodorbad. A. [de not know. Q From what you heard expressed in reference to him, Reg tad you have considered him as a credible witness? A, 0, sir, Q Was he employed in the“office of the Courrier after you became a proprietor of it?) A. He was not, px Q What countryman was Revoil? A. I don’t know. Q. Was he an American or @ foreigner? A. He was @ foreigner, and a Frenchman, I suppose. rles La Fata, sworn—Q. Were you connected witty the Italian Opera ‘at the time of Mr, Fry’s mauagemeatf A, I was connected with it as stage manager and geesrell superintendent, e Q.,Who gave the concert at the Tabernacle? A. Mic, ry. Q. Were you present? A. Yes. Q. Was that on the 2d of October? A It was. Q. Do know what time the notice was gives te Trudi and Benedetti when they were iequired to go te Philadelphia’ A. It was eight or ten days beforegoing te Philadelphia. mentioned what time they were to ad Q. Was it t! to Pbiladeipbia? A. It was mentioned on the next day the concert, aS Did you have charge of the opera warirobef AE Q. How did the wardrobe of the opera go? A. Iha@ the management of it. Q. When did you go to Philadelphia; on what day? A, It was on Tuesday. Q. Was it on the day before, or the day after the cem- cert? A. It was the day after. Q. Did the chorus and orchestra that were employed go on to Philadelphia? A. Yi Q. Do you recollect whether not every one attached avery ene want on to Pie to the opera went or not? A. ladelphia excepting tbree—Trufi, Benedetti, and mysalt. Q. What time did they leave this city; was it orevering! A. At eight o’clock in the morning, | eap- pose. Q. Were you present when they went? Q, What time didi you go? A. In the er same day. Q. Do you know whether Madame Pico went on thet mornirg or not? on the evening of the concert was amy- thing :aid in ycur presence by Truffi in relation te going to Philadelpbia’ A. No. Q. Were you at Philadelphia at the time when Trai aa a ive twad the ata, a A. Yea. Q. Did your business as stage manager aire your attendance in different parts of the house? 2 Yee; bat erpecially upon the stage, Q a athe oa fall immediately after she left the stage? A. Yes. Q. Where were you at the time when the eurteia Gropped? A. Iwas on the stage. Q Hohe lait! when she was going of of the stage? A..Yos. ). Where did she go to? A. She went to hér dressing room, Q. Was any one with hor before she went off the staged A, Yes, Madame Trufli, her mother, was with her, Q. Who else was with her? A, Madame with her. Q. Was her mother there every night? A She was Q. Did her mother come to her bafere she got off the stage? A. No; she was behind one of the wings. Q. When the curtain dropped did she with hee mother to her room? A, She did; she }: her wother on the stage. Q. Did you ree Benedetti there? A. Yen. Q. Where was Benedetti when the curtain dropped? A. He was behind one of the wings. Q Where did he Ra He followed her; they af went together to the ‘ing-room door; every body weal on such an occasion. Q When Benedetti went off the stage dil he not eng that the opera wasatanend! A. I didnot hesrbim. Q. Did he say, ‘This will end the American jackass?” A, He eaid that ia the way te punish the American jackie ass, (The Cour: informed the jury that this reply wae incom petent to be received in evidence. } Q. Did you see any evicences of sickness about Tradl on that night’ A. No, sir, Q. Waathat the last you saw of Truffi on that osem- sion when she was going off the stage with Donedettl aml her mother? A. Yes. AG ey you cee any fainting, or anything of that iad? io Q. Did she have to go down stairs to go to her room? A. No, her dressing room waa nearly level the stage, Q, Did you see her after she went in the dressing room? A Leong r go in, and I had no business to see anything further. James Foster, sworn —Q. Were you one of the trastess bt ay the subscribers’ money? A. I was theecte rustes. Q. Did you over to Mr. Fry the money as the per- formarces took place? ‘A. Laide “ey Were youin the habit of attending that opem? » Twas. Q. What wae the character of the sadiences as te re- ME woee yon: Where co’'tas elght-et tae cane ee ‘ere on the row, Benedetti was hinsed? ‘A, Yon. , Q. What was the Ls cpmeed of the audience thea? A. I think, as respectable as usual. Q. An how tat either of the balls? A. iwae present at f she ball; at the time of the other I was sick, Q. Did you see an: a objectionable ia the character of the eo ne then? “ did not. the (sot teak have heard of them. Q. Are you a native of New York? A. I Q Have you seen any at the opera? A. [ have seep ly one there. Q. How wan it in regard to some of tl town? A. If they were there I don’t ki Q. Did you see Kate Hastings there? “o Was your attention drawn to the attendance on thas * A. No. nied ir Fry poblish any extra performance was to take place on that n ght? at hes heel enh. o8 Coste eae eene wasn dificalty between pect Ceaiainatl Do you know what ts exami ion ott wate boron ATT do, Q. Do you know what people generally occupy the pri. meant by the term “ vee feet ate Yea. i pi fere respectable . They were reapectable poses as far asl ins believe; I knew most of them personally. Q Do you recotte xt whether this night of the row wae bi one of the rubscription nights? A | believe it waa, De leeeey eC en ae ne ger her te soa purchased by the we ares se 78 aay other oames? A [cannot remem. | prea nag generally oecupied on that aight? A.C he- others, 2 859 yOu OTR QUA jazz in gous Ki A. No, Oley Q Wore thay oscuged by ads i-dere—iae parsons tal