The New York Herald Newspaper, December 14, 1853, Page 2

the oditor of the a eed the atton| ade’ duct which is certain to ruin the Now ¥ ules THE GREAT OPERATIC CASE. eo oath Sunday Atlas denouneed the attempt made | guct whic hit Sealy etioah'alved by pox the opere af that Law as to Award of Contracts, United States Cireult Court, tilaile hin paper. We soe, 0 peste o Sig pty ‘he undertook to GUPERIOR COURT—GENBBAL TERM. Presseution of the New York Herald by | [* sad tphs that Mr. Pry ie shtert qe OTe pa Teoision of Judge Hoffman, ives of this stro and we puss slong, at. the giraifo who represents the Cow. | operas all chiectionable characters of both vexes; he sald | Deo. 7.—Horace P. Fuss and Geo W. Rendag. the Mayor, . lun @ignor Fry, late Manager ‘of the Italian have made as great 7 ; 1 Opera at Astor Place. st I! Jat cmgats with Abe peas by | oder ofp chives of polka dunceras Whe doce up thee, ere, here to fo a de, Of the clly of New York; Bartholomew B. Purdy, Com: ee heated out of omo- the te Job for the Courier des Unde We shall not oe oe missioner of Repeirs and ‘and Joh Ooske and Geo. Before Hom. Judge Oakley, Golinea’ viable oe ee «eee of persons he undertook to Caplin ~The motion befare me isfor an injunction against "All these facta and statements, @oming from the pabercans | "The of the 4th of Decouibier contains this para- 0 ] to publisamasemouts til | tne defondants to restrain them {rem proceeding with, or CONOLUSION OF THE ARGUMEWE OF ME, SANDFORD | of tne manager, sh: that heeo thelienalp | graph : porting mea whom we put on Dateios Ooert could be tu FOR THE DEFENCE, has been justified throughege, and ipa will sum rrausan OPRRA.—ANOPE: ames the stand, proved that the sporting class were at the opera | €xecuting the work, or any part thereof, or from Assert- | session at the came time before Jadge Hall. ‘The plaintif complains of the manner in which he was be realized to she fullest eftons. | The materials eugaged at | Prom the following, which we extract ¢ official or- | and the grand fancy ball, and that there were some ‘‘fast | ing or using any right or privilege under a certain reso- ‘The grand jury here came in‘o court, and rendered true P wae one © mumero of Mr. Fry, the Courier § Enquirer, is will be percolved | men” there. These persons were there, and it waa quite | jution or estimate set forth, or from interfering with the | Dill in the following cases:—The United States va, Was. treated in defendant’s paper, but pursued an independeat = course ia hi: criticisms, and was only influenced in the | m, Serbs dnc ns pecs ees | mauce. was di it ra i? DES. it in some of the ignorant and black anil Lewapepers TaselteGy Abarns toner courea tar these inoulted sng abuacd’ Fi & manager of at there is every prospect of another emewle atthe Aster | vain on the part of Fry to ssy that, with any ni of Thom for larceny; the same vs. James C. Urben alia bo expected Place Opers Bouse police, ya een Gommcal sameied. oF | pavement cf either of the streets therein mentioned, and | Peter Manly, for aseanit with «© tuegonns wa oe iberty of Cursing 4p sa arghesten: Fead an article in the Hxnaup of February 8, 1849, headed | that the plaintiffs may be ceclared entitled to a contract | tempting 10 shoot Christian Yan yoke oa pote inne cally itd beadgud bead desing & om] 46 dudge pardon of Jack Harrison,” a3 follewsi= from the corporation for the paving of Grand street and | American abip Marathon, while Jj the port of Hava- REET Corian Win fodignation which Pelt ks code of morals may suffer some in this | Fulton street, within certein Umits, and that the con- | na; and the United States va Edmund McGov, for laresny. Leir Bul can ly and ignorant as to destroy lent of Laborde, by exhibiting her butte er of Nerma, for which she is in every way une yal and pi re 3 | donet broke fret f th bers. the directo th contest, but his code of tice may remain intact from | tracts with Cooke & Caplin for such pavement be deslared Cnaxce oF Rxvour.—Martia Min those whom he had employed, bat there {sno imposch: | Aisi “Henedasti Brad ant Rosi_vutto withdraw, aball | og umbve ro, the-act would havo been igeacwsable; but | thie day, wosuspoct, unui the ays before the day of judg: | illegal and void. ‘The facts material to the questions, and | deavoriug to wake @ Tevelt, and oonining waaiee re ould be purchased fcr the purpose. “If we have proved | toitber the Park of the Broadway theatros, where re | Shaka man ct M. Marotzsi’s, creat talent and acknowledged | ment. Tile dimeule for laws ot governers to prevent eshion. | now appearing on the papers, are an followe:—Notice was | board the schooner Iaabella Mr. Dunning stated the tho healed before. the pal 5 yes S 7 anything fa this caso, we ‘tave shown that he was not | men cf talent, Pnowledgo, and cpergy, te OTknn Emorsnt ef music ae Signor Benedett it arable, + etal A pena ho ae reed hy perenne phan ape gre ond t rovide Italian opera for three whe week. | A' Possenssed of the requisite tact, or genius, ov enterprise; | Fr‘theec theatron, we are Permaded, night alter ight Rot ‘did when | Witnere an array of beauty, elegansi hie enterprise as Napoleon did w! from the world around us, that wot sia, und that he came outwith | more setalgene than ene balf of thos Maretzek, wo wore glad to 900, bore with equanimi In ccnnection with this subject, it may be remarked, that th larmingly in Walfatrect, | “Certalnly the faro financiers, om that, to leenet tien aaa add fangs’ fo the trons much more polished and tice dread, and 9d. schooner paving of certain portions of Fultom strest and Grand | Isabella on her last voyage from New York to Gonaives; street, under a resolution of the corporation of 28th of | left this port on 2lst September; Mine was mate; witness October, 1852. On the 14th of November, 1858, the pro- | gave him strict orders, one night in November, to keep ‘als were opered, The propcsals of the defendan! t and to call bim if anyth:ng happened; adway are Leyeg By banking establiahm: alls d finer lookiag z Ly d iH z who frequent the Astor as little honor from the campaign. Mr. Fry had Madame | Place ‘nd Bome of whom will have to take the i dwil, | mon than those in Wail atreot, and the pat Pe Pico. handsomely abused by his critics; wo have | boneit &f via wet through, Let Mighament, aKoyiay Tom te on the taPlatsr"u: | which chey give in the parquette and couliecs of the (eattsa Recs & Caplin, were to do the work at $2.98, and thors | before 4 o'clock witness got up and found Mine got shown whether he did or nob but we charge that Hote epee honed erties om prorat aroand— hat we heers> much about, and whic ‘®, wedoubt much if Mr, LE a | ee a oe erie Tare iany | lookeo at the compass, and instead of cast & he caused the pablicatiors to made in Whicd | eee ate ie ine eters seas A GR SS ve answered the desired purpose; dec: en the last fancy ball would bave fai nd the | other estimates were made, but those wore LA southeast by east; I asked him why he lt the female artists of his company were attacked; | thai there will beuo diMiculsy ‘with thom at tho Pack ot Poe ee Troms ding eae and NacMiMGA NIE Milsons of Face, | Stttn Gone nie cals ae cule Cae poten: aioe he eee Goal, be answered, with 5 sneer, 708 eRe Lo Trufh pen dotti and the mi patronsgo proceeding frei ashiouable saloons of Park | John Cooke & Co. only, and only one person signed the | get yourself into. puncheon, for a barrel will hold you; bave proved that directly, as far as regards 4 ad wa) re any difference in regard tothe right to remark | — PS ~Since t pon this as an existing fact? This is the enly part that | following statement from Signor Benedeti in not covered by specie proof. the nowepapers were | 45. G. Bexnxre, Keg New You, Nov. £1 here, but we had mot the means of getting at it ‘My Dear Bir —T'am oe Jed to solicit f with regard to the souree of abuse, therefore we did not | sion'to eoruny a portion et ome of your, colummes ith & attempt to trace it It wasaa outrage upoa the mem- | statement of iacts in regard to the occurrences a) the Opera, bers of his compar y for him to represent Truii as having | on Wednesday evening between tho manager and myself. broken down in the pari of Norma, and to charge her | It is with the sincerest reluctance that I am induced to ADAgOT & 0 i wuxgest, however, that more suc- | Place and Upper Broadway, wiere Jack Harrison and bis | Sccorepanying consent to be bound that the applicants y cess would probably attend ths second row, if it took | Iago | associates figure, ery aity thelr contract, if awarder to them, i would bud call all bance andcor tte dying jibe [took tho ham before the curtain inttead of Dehind it, and then the oni ence After readieg th's article, which alto elicited much | pay any loss that would arise in the case by thelr refasal | from jo 9 ying jib; heim ated Sad an opzortunity will beafforded tothe pub | iri, the learned counsel then quoted from the | fo Zomplete the work, should it be awarded to the next | ue of tne'onee, semes Be eaeling very muck 'e peroeive it is statod is remo quarters, that | testimony. of Foster, Soydam and Revoll, to prove | lewest bidder. On’ the 16th of November, notice | came afi, and went into the cabin end sat down: [order jon of artists has been ordered for this eatab- | that there were sporting men, fast mon, and a class | having been given of the defects, defendants gave | e¢ him to go forward and put the vessel abont; he am- r ef women known aa public prostitutes there. All written notice of the names of the firm, with an | swered me—‘Is there not men enough,on deck, or soon ilovand sete places. illca by the newcomers: | {het Te Noverkcck te de Ee ae ars to Fey, unless | aficavit of Cook & Osplin, beleg ali the parties interested. | want me to act pilot” be caine towards me -with havisg feigned an illness that ahe did not have yy ublic attention matters which di app In anticipation of this, it would be good policy for theold | tytn, a t 1 teteado ba ‘i . aan They also left a written consent of another person to be- | ard made threat unde: The conssliig-of the contract On weosuMt Of this illness Mithila lite Jurisdiction: bat the bold.and | sruleteto'clonr out the'asclves from that ohablahmont; for | emcut. The broad question now gomes up, did ¥iy | ccme the wurety, with an affidavit of competency, and it | my heart's blood; he again went’ lato the Was proved, and it waa regarde | aa e happy indisposition | jrtivearnts to deisme any ob they ean get good cngarements at a moment 6 notice at other and tact @ did not, it was the right of | is sworn that he had before agreed to become such. The | told him to go on deck; he refused, and eS sia beacon thy labo deniead to gutaibef |\ot _ me my ol they would Led full ‘beeees wpleat ae Bennett, ap lea menage oe forhim,toem- | Commissioners of Repairs and Supplies, on the 15th of to go forward and haul down the j her services the opportunity was given to him; for whether x cieyh ghremarg cod TP oot cepert, fro bin appearance: oe irene, on they | November, had taken the opinion of the counsal of the | was tired, that bis legs were awelled, ahe fainted or not, she did not care to haveit the subject of i combination he presents, of imbecility an That constituted the account and history of the Italian | talent op that subject, The 1p he ‘ee ited Corporation upon the ebaracter of those cefects, and was | if he was tired that he could come on deck and sit dowm & judicial investigation. Ia the first place, therefore, he | Preteusion, is likely to do more to hazard tho permanent + oe See Mi ‘welsh Jearn: uns el ci advised by him that they were matters of substance, and | and eee the fiying jib takemin; he refused, and would Sank edvantng of the sia f Paula Yo neat | fiscal amare = Sn, an Ut pen SESW EA | Opera New Yk en stay ee ame | Ss eae rt, the cua uterus Me Ue | nat merely offer. Un pursance of it avic, (i | aot come on Ogk, fanked him why Ke Ala tot obey her oentract; but there is mo such imputation a4 that | Un Wodnesdsy evening, Mr. Fry camo to my droscing room + ! there ia-e distinotion, although I niuatisay [really | 2 Presus meaner & : neers! e | orders; he made some remark like ‘You bed—=4d)? mace sgsinst him in the article. Allthat it contains | f.r the purpo whe birtoryr Me ERAANR ES IROBECTA eas omg. | Seema there laa Giatinotion, although I must nay Ireally | Common Covnell setting forth all the facts, and wabratt. | fold him if he éid not come T would have hia ha et g for my 70° Lee as to expose the conduct of s man whet of desi-ing me to sing the part of Poltione, ia is, that it wae a fortunate circunistance, because | the opera of" Norma;” he waa accompanied by Mr. elas bistore of rid iecginewaninnt 4 ting the matter to their consideration. On the 16th of | ont; he refused three or four times; I started t> go dewm it enabled him to get ria of the engagement, If it wore | °D4°f the Orera comuaittes, “After Licaring his request, { Eentiong, cupersilious ignorages, ‘and laughable rows and | Men's on 8 mans able sonduct and Tight Cesone | Nevember the Board of Assistants adopted s resolation | into the cabin, when Mine jumped up and grabbed me @ real sickness he had no right to take advantage of it ; | Vici had boon aptigned to Sig. cuclit, because toda so | Pail; Alizouad the compass of oparatiominmanasoment. | | Test'cn the public acta of & minister, epon the public | shat eueieena ty ae oe ieee ate fine Se in, eeaeronnd So aye epee ot ie hea dt te-were Signed, be tad © right to as ther means, uld bea violation of the proper etiqactte which custom | ing what is beyond their ken. Juss took atthe management | acts of @ general, upon the public judgments of bE tog, me by She toes aad the Hale a hid; he h t that hi “ ; H spd was approved by the Mayor on the 30th November. | backed me against the taffrail; I called for assistanes; i ny sibs tiamakioneethinckiantuevssapies ee aor ates oe nl i conc Ge, tine amtinned ares tre ae: | # idee, unee See pene 2 of an actor— | The contract was signed, and those defendanta have com | strock me with his and I fell senseless on the “ieee sted upon my ¢oing 60, T bad. been originally a that ig. Araotdt ‘until T should recover | out feiy reminded him of the fa0 (pisndes ofthe ; up to this time I wa: but be was too heavy and him from me, but not unt This isa common erm, and yet I don’t know that th» ome afiects the characters if those who own them. It it will be cam ‘understand that; but I do not know rs 4 i menced, and are actively en; carryin; the work. the back of eat hag be a "aotbing "bak where the Timit can, be ‘drawn distinsty, ‘between | The corthions ptr aprotic. ar nitle Marge Dl Boley wey ‘0, ® xrost noise mado arout the | Where the comment ‘0 cease as being applied solely to | ag contained in the ordinance, are printed, theua’ | crew E ms is entirely a forced and unnatural construction to cha) ‘number of persons cmployei | ® man’s public conduct, and where it is to begin as aj a, a the defendant with saying that Mr. Fry corrupted rector, Maretzek, had appiied to me on Saturday /ashto knew | {P tras branch otae ferformancss. Now, il at once, this | plicabe to his private cbaracter; because, although itis | Centaived fo the cease feroiined toe epee cia ie ba | Pretty sore; the vessel was in disorder, no man at the newspaper for the parpose he desired. This dispwes of | if I had any object.on to transferring the part ot Polliono to | department is reéuced to the most meagro dimensions, in | quite competent for a person to speak of w judgment of & nang cho jer applicant 2 | helm, and I was afraid she would go ashore; I ordered the ‘drat libel, apd sil that relates to the traffic’ partot | Sig- Arnoldi, and upon informing hi sha I wea quite will @ detachment of the troupoto Phils ielphia. | judge a: being an extremely erroneous and fooliah one, | “iePed snd submitted by them, and purports to be ex: | the men to the sails, and 1\ was left slone; I heard Mise this action, We claim thst it is proved to be trae to the ik, ho assured me that such would be th pany of artists possess, we admit, much oe oh AINE Chmraatda oF iter nod temeacenanhiae: tracts from the ordinances. at which relates to the | behind me, and he ‘said—What business have you tor- letter, in regard to every fact contained in the publica: | 3 Mat hear beter ny poset en, a8 T8004 aa boon Ro AkilL in tbe applioa:ion Gf his | (oe ee eet cng careful “of what they Seer) cag | emengement of sureties isto the following effat :— warc?” he gave me another blow, kaocked me dows, tion anit the commentary pon it Tne attompe te con. | i goat ins tay bere my permission waa elite, the role ron ANE, ONS | och Ie ie derfoctly compolent or perso ts atat | uafecgnalerstion of the premives and of 0 fad. jumped on me; 1 waa indensble, and: Seay woot anybody concerned ia the manageaent of the pith him and thar tn the face of ail this, tho hilla of the acters and Teofti wae almost made a vietim’ ¢o hie | am actor that fe is a remarkably bad ne or, and ought econ Sr permeate mn a Mut ecliemen we eee aie her re ee ee ee Hizratp as a contributor , not been mx r it coal londay follow! hi would appear in 001 ry hostility. On the other hand, Madamo 4 a Dot be proved. Miss Tradl raya she wrote the card her. | cheracter, which { liad beon expressly asked to relingaiah, | [uyiher ety onstases, to an extencrdinary denrey, the | Dot be pie patna ee ered parte, be. | omit or refuse to EES RNCcanteeet Hoe wanted wena | cured, for I was afraid of my life; they would met self, and the fiiend who translated it, Benederti says, was | },dououncod this sean unworthy trick. Fry. without being | qualifications natural to the French ¢ch ol. has boon takea | showed to say of an actor that is disgraced himself | P&¥ tothe Mayor, dc, any difference between the sum to | srsistme, and while Iwas talking to them, he came at not’ @. writer ior any news Te is pertectl able to excuse himeelf for conduct, rejol yi 6 | out of ber peceliar role, and thrust into the Italian school, ji i 4. whish such pe! would be entitled upon the oompk f | methe third time, struck me, knocked me down, aad t ‘nie * Lo eat pe 4 i Tebould take the part away from Six Arnoldi; finding | without Possorsing, any of the qualifications necessary fr | in private nor of # judge ors minister | such contract, it which the said Mayor, & jumped on me sone of the men took a martine = r view of the case, Mr. tee not Tcould not expect anything from his courtesy, I appeal: | tho characters allotted to her that he las committed felony, or anything of | obliged to in ext highest bidder to whom 3 ibe ‘ont of his as he ing to strike me; im for peouniary damages. You will recollect that | <4 to him to spare Arnoldi the mortification of being the management of the last season was aserios of | that " desoription, which is in no way connected | tract m ip was going to strike me; In fs from the publication of Madame Bonedstti’s card to the | out ofan opera in which he had only appeared Try | vinnaecs tote besinsing to end, ona wound Up witha bank: | oth his putlic conduct or public jndgment.”” This | The plaintiffs state that their proposal was made in | ™#¢¢s complaint against him to the Consul at Gonaives 1st of December, 1948, the Tnnsxp mage no remarks in | oui cenduos towards the arises and hit injsdionn course | FIPCYANG, oes crew li moretermdl wed coufrsion, | i# tet the distinction that Lord Klenborough took | strict conformity with the requirements of the ordinances, | pe was arrefued, andi did not vee him agate until I mew Felgtion to the plaintiff until he had in parton whelly will end ina similar break’ up, before it roaches the fulness | {Pat the critie as no right to enc:oach on private life, | and there is nothing to contradict that assertion, My | ™'\1) "poh tay cross.examined the witness, with a view Gott, for having sefused to. soy with Matieme Laborde: ape ie pack at Bt ony tbat Jacuary 18¢9, 1 find the following: Jn the present instance the comments wore up»n Mr. | Opinion mpon, the various questions which have beeD | show tha! ho was infiaenced in the prosecution by isle, . the sulject of cruel rit ioulo. On the Sth of January, 1849, @ following:— Xe part amon rodent iL TA NE td etm pap 353. to | 8nd a: a net off against a suit instituted by the prisoner soi] Added a most unfour ded charge agsinst him, that he oaid “she sings ridiculously, and is not fit to sing with artiste.” Mr. Fry made these statements te the public - THE OPERA IX PMILADBLPIIA satisfy you that Fry, as the manager of a publi The te of April aefomded Meany eeltiotoas eee De auemtely from | Burst up sud ended. When is the opera here te follow | was ‘Wouting in tact and judgment. Boneditt,, and trum, | smend the cbarter, has not repealed the crdlaanee’ of Piper er papacy ees ae Me lyr 9 9 Bryan complishmente, and without stopping either for suit? and Rossi, and Maretzek, sll swear that he was not a | 1849, adopted under the charter of April 9, 1849. Ta eat ict Wettie bean mation that Mine wae wen proof of that ir, that he did | All ‘those ordinances remain in force, unless any | S°ing to sue him before he made this complaint te the one of them, after the course this Napolron should pureue had beem | resection, rushed before the curt And on the 13th of January this notice was taken of | competent made s subject of oonsultatien with the staff of the lite- | audience, out of breach, the Simpson benefit. 7 vasisteny | District Attorney. rary army. Napoleon, however, found it necessary to | out of bishend He said, he report printed in THE OPERA AND TH a perk ag Poca at wer Pomerap nha eietin ld I find Ro fetrarrm bert to on Mr. Dunpving—Did you make t%is complaint ia conse call upon his council, and his legal, medical, and literary | the Mirror, I presume by just seem Bene- | Wo are sorry to perotive th: Frans complain of | audience on the syot, and were utterly unaaleable at any | Ordinance applicable to the present case. I think the | ence of Mine’s proceedings against yout A. ro Advisers were accordingly called in. The quest om wat | “ett in bidrocm, and he positively refuses to appear in the | ane tbinress of ibe house f the Simpson be- | Dricg, He cid not furnish the meany to send out ps 12th secticn of the act is compatible with them. 2 Un The jury fcund the prisoner guilty." sentence d . then, shall we go before the publie to denounce Benedetti, | Sita the* Rena’ He seat ous pings ritiouloucly eed | Regk, ‘This ought not & mn soj but the unpopularity | srtiste. Rumor said he sent to Europe $3,000; the evi- | Cer the 23d section of the act o/ 1849, oomtrag's made by Je ears A, BABB REOUS WREPOP. gnd aay he refused to sing beeause the lady with whom | is not it to sing with artists.” Now it will b m the | neft, even cne for charitable purpose, We cannot expect | dence hows that he made an engagement for two weeks | authority of the Common Counoil, for work to be done, | _ James C. Urben, alias Peter Manly, was then i he was to act is po artist, or what shall we do? I | minute narrative Ihave already given of oraation ter from tho manner in which the opera is con- | for $200 The engegement was not kept, and the pro- | shell be made by the appropriate heads of departments, | foran assault wih s dangercus weapon on Christian Vem den’t know what these gentlemen thou, for L really | with Fry, thatT did not use any of the tapressions which he ‘and its affairs conducted.” By the b; gramme was not sustained. ‘The artist ‘had to g> to | under such regulaticrs as sball be established by ordi. | dycke, matecf the American ship Marathoa, and pleade® don’t know! how the controv. moo ve arisen; | Attributed tome inbis-specch. "I pledge myself for the se- Decome of the new yousllate whe wore Promised at Eurepe in consequence. The whole scope of all that has | Dances. Hore then isa delegation of power to make the | Suilty. Sentence deferred. but I know from the testimony of Mr. Foster, that they | (Urey of the stateme: tract, provided it is 4 atic aud unqualified masner, th: been alleged a; it Mr. Fry bas been proved. If not, | contract, prov it is made consistent with the ordi DESPERATE AND BRUTAL AQRAULT ON THE IIGH SRAS, did not pursue the o-urse he advised. So mach we kaew, | gicyin the tpeta of “Nerdes' butaboresil 1 desounce tie | (Sinem, ME Fey vent out three thousand dollars to bie | what are the oswages? Hos there been aay injury dows | bavcen;’cuhject, However: to's reviscty amd am, | Taccts <-Wiltam Dizon astJonse Gesdetn tre ce bie sd as tre Lterary part o! Ln ener ase: that I refused out of disrespect to Madame La- | dee; % of getting singers, to buy semcthing to the tif? None. He went back to his clerkship | Du! power under section 19 of the act of | crew of the American ship France, were indicted fors ed, it was not considered a pradent course for the gene- else; and accordingly we learn that a splendid panorama of | in ‘He had more artists than he had treasure to | 1849, and ordinance 494, hereafter more partion | dangerous arraulton Nathaniel C (lark, second mate ef ral in ebief to pursue; A a not d:emed expedient on Son et Me Remy oD a been puro>ased in Europe, snd on roth at per. If ‘here bad been no line in the Heratp, he would | ticularly stated. 3. The proposals of the defendants were | that ship, on the 26th of June last, while |; at anchor She part of the sans an opera company fo come | tiie Selore whom: aad fe. Fey's presence Tapped od? hts te umser | Still bave failed as much, The Hxna.p was not the cause | Plainly de’ective, and do not comply with the directions | in the rosdatead of Girgenti, in the island of Sicily, peice tt Epil lg et ope Mr. Ccit tosay whether I had used any such languag held out at the com- | of the failure. panes bas beenjasade to prove ma- | Of the ordinances ‘Tosubscribe the name of John Uooke | Nathaniel O. Cla'k, examined by Mr. Duaning, awe- = beoery 4 by _ ru bet eer ns which he promptly and fully acquitted me. ere, the soprano, and | lice om the part of the dant. It bas been she: & Co., is not stating the names of all the persons interest- | ciate United States pooner ab gl ners was mate @ difficulty, snd create an irreconcilable je I thereupon pronounced Fr; pited States stenmer, | that the malice was all on the part of the plaintiff, and | ¢¢ with John Cooke, or that no person is interested but os the ship France on her voyage from New.Orlesma mencement of thi n. of these gen- | Corelli, a tenor, are coming out Bor in the 4, but t] on the part of the public to Mr. Benedetti, about a diffi- | tlcman, slisrand to have fursished | and will be herd in a few day hey have not been en t it spond: ¥ Dimeelf, and the signat f but w single person irgen' culty between him and Mr. and Madame Laborde, in re- | mest ofthe papers with is account: s'so of e fight which be | gaged ty Mr Fry. They eome on their own hook. Poetry faci pene agg hae ral ache eng Say pen a er ‘become: ipareliosy: And to poy ties oes Sine Tread Teal wae Pec et pee nay ol retell gard to what he is alleged to have said about the inoom- | fUSTVi trnbstrasning ritwauion ich shady load his, With the exception of these, and one or two little ter, and he has given testimony rf the interview. He | ™sy accrue, iss palpable deviation from the conditions | the crew; a disturbance occurred on Sunday, the 26th of etency of that lady. Now I ask if there was not enough “ zr thet test ae prove thls iuager incapable of ved by convicting him of s wilful Tschood:the account is correct | etaphs published om the 11th of February, 1849, Cnet ae swore first that Mr. Bennett said he would ficish Fi mo Whether euch defects are of substance or form, will be | June last; the chief mate, J. P. Knight, four men ip the business in which be was epgaged? He rathed in : with the single exception that aslight mis- | allthe remarks made respecting the words to that effect, but when cross-examined, he said he | bereafter examined. 4. Did the plaintiffs thea acquire | a beat; they went on shore about nine o’cl: the name of the individaal who reo ived the | mapagement of Mr. ay: was not sure that Mr. Bennett did not say that he had | any right by virtue of their proposal, and of the defects | turned at four: the rope was made fast Dy one of the i nd advanee before his audience and anticipated the difiicul- on. Juin always in bad taste for a 1 man to Fe, | | Om Thursday and Friday, the general-in-chief Mr. Fry, | cone with or finished with Fry. He wasa German, jast | of that of the defendants’ suppose they were not amend- | an Italiam, and they all got on deck; the mate ty that occurred, showing therein » want of judgment, Bee batestipeeny vista commana ot this neoweae eee pride the legal, medical, li , acd musical staff of the | comerver, and did not know the language. Mr. Bennett re- | Sble? ‘This requires an analysis of the 60ist section. In | them why they disobeyed his orders; there was ea ‘tact and skill, necessary in an enterprise of this charac- | Of5 "Napoleon, whose frst impulse, after beizg knocked | Brand army, met at Mr. Fry’s room Maretzek says it | mained silent afterwards till the plaintiff hi pear- | the first place, the cfiicer is bound to reject all estimates | sultation held for a few minutes; Goodwin then caws up The Herat of this date said just this, and it was |sovcr for his insolence, was to brush the dirt off his clothes, | was then ard there agreed that Fry was to be susta: ped, ed on the stage, defamed his best artists, and created a | which are not furnished in conformity with sections 497, | to the mate, and they clinched; the mate moved Wek; w his not deemed exceptionable. The account is fron the re- | and whore neat movement was to secure a mpecdy retreat, and that his friends ought to be present to sustain neral row. This action onght not to have been breught | 4*8. and 499. This power and duty to reject is, however, | the captain came and ordered all the men porter of this jouraal, and you will find it ia excendingly | “it la veryevident frum the very clavoratearticles which ap- | on Friday night. It was agreed vo have them there to | fy tie plesstiff; for he laid fue foundetion for the pagii, | qualifed by the provision that errors of form may bs | Duncan came with bis hacd oy fo a impndent kind correct:— - ic pS a pp eg pay gene genanlipe er sustain him sgatrst the other side. Mr. Foster says | cations of which be complains, by bis treatment of his ar- | amended within twerty feur hours sfter notice. It isnot | manner, and said, ‘you oa; and you allow this’? At the end of tho frst set cf * Lucrezia’” in the intermis- | fiat the Crulssaries of the mAneKer were auususluy indus: | there was a general determination to marshall all the | tists,and thrusting his dificulties with themon the public, | bis cuty to award the contract to the lowest bidder, that | the captain again em Yo. go. forward = Mr. Fry fetch im front of the curtain and said:— the taste of theiremrloyer. There sre mar: friends of the opera and Fry for the ensuing Friday eve- | The Hrnatp has but exercised an important right which | is, to the lowest bicder among those left, after the rejec- | and make no more noise; Duncan sald, “Ne, ‘Temcompelied to make known to you mente in these articics, whioh I would li ning. CompHmentary tickets were issued, apd the | its editor holds in common withyou, gentlemen, ant every | ticn of uch aa are defective. The only clarsof bilders, | Vi die first;” then the chief mate let go;1 went to tion I have i andience was fifty per cent larger than {t ever had been | citizen in this community—and that is the right of pri- | then, consists of persons whose proposals do comply with | Goodwin and told him to go forward and bebave himself a he got allthe tickets he wanted. | vate judgment—the right to make that private judgment | the provirions of ‘the sections referred to. Bat the full | he said, “Go away, you son of a b. which 1 couid easily refute; but know that sircady far exseedcd tle limits due the subject, and I must, Ao ime gn T= = ov | shercfore, ict them pass, confident that tle final judgm pet ee . » 6 Ut ee stating that ii at to compromise his talent with s | Hor tr iounity will vindicate: ite world-wide repute Benecetti rays, that on the morning of Friday, he saw La | known, so far as it respects the publie conduct, acta and | determination of that point is saspénded for twenty four | you;”” Danean had s cspstan bar in his hand at the hanteuse, who Was vory Gble to sing the part of Adina, but | {Pi consu ty Tare Fata give away five or six complimentary tickets, one of | mansgement of any individual who holds « publicsitua- | hours to give the opportunity toamend If the offiser | and I thought he mas golog to give s dangerous blow; This ‘speech created a great sensation and it was followed It will be seen, by the correspondence ant them to a Sicilian barber, to hiss him. Mr. Fry dic not | tiom. I have already adverted to the fact, that theim. | reject the lowest proposal as incapable of amend- | walked across the deck and took it from him; Dixon them forthe sosond | that it is my intention to sing in Norma’ think proper to examine him as to the extent to which tance of this right was deemed so great, that; inthe | ment, or it is not amecded, then I apprehend the | struck me over the top of the head with s handepike am@ by agogular bissing. When tho curtain ro: ct, Signor Benedetti was received t ning, and in so doing, notwithstanding the isjurio tickets were given away. Revoil, who particularly no- | Jsst ccnstitution adopted by the people of ‘this State, it | nxt lowest bidcer whose proposal is free from dafest:, | cut me two inches; what injury is done to me I comet md musi tinned during the ied conduet of Mr. Fry, 1 have endsarored again to | ticed the appearance of the audience, says it was different | was secured ans part of the fundamental law. That law | beccwes, by the very terms of the ordinence, en: | know; it was cut. down to the bone, and the bone we funaiest part of the emucte took place Jerk for che hinds ie eat ° Les they b opers ae from any he ever raw be’ore or after in the Opera Huse. | undoubtedly leaves for judicial and legal remedies the | titled to the award, and he is so eatitled by virtus | doubt'fracture¢; my head was cut open and I was bleed= Je ihe drecsing Feom, of Signer | tended to me. By their clamor they seemed to be indifferent to the | abuser of tha right. And, gentlemen, the question that contract contained in such ordinance. 5. Hence the | ing; I was struck immediately after thet with an axeom wembled, immediately after tho sa- | “Sitch bes been said of the disappointments to wnich the | opera themselves, and bent on preventing others from | ix presented here, and the only one on which they can go nits, having complied with all the requialtions pre | the side of the head by James Goodwin. (The axe, « for- bers of the subscribers’ eommittes. Pp i wequence of the eaprices | bearing the music in the orchestra, or the siuging on the | to you, is, wheter in the publication complained of by | cribed, had « fixed right to the award from the Commis- | micable weapon produced; witness exhibited a deap sear ‘woon 90 animated that, afier remarke made wide that [can traly | stage. Benedetti says he heard of many tickets beicg | the plaintiff there is anything that comstitutes an abuse | i ners, unJess the amendments could be legally made, of | ntheride of his head, extending from the top of the gard to that affair, big tl - given to persons to hiss him, and the first who gave the | of the right of private judgment, Aud if the expressing | be exitting defects in the other proposal. The amend- | head to the chin, which waa inflicted with the axeJ At these wor Fry nS greed oy ome signal for hissing him were the persons emp'oyed ia the | of that judgment to the public is a matter of public con. | ments, I aasume, were made in sufiicient form within th~ | Fxamination continued—It }nocked me down, and they Sine A reulat printaus chevoke earued, end daring the theatre by Mr. Fry and his friends; Mr. Kyle, the Qutist, | cerp, tbat right lt is your duty, ana it isthe duty of this | twenty four hours, We come, then, to the question if | I thought me dead; I lost my miad for several eles lie Gecerds 0a Seok te tepheste Tak donb utnet and his father, Mc. Waite, the big, long musical critic of | and every other court, to guard with care, because it has | they were such as were capable of amendment—in other | fter; I was not conscious of what took plase, only that this oy p! the Qeurier and Enquirer, whom the editor of the | beer deemed ao essential to the safety of our citizens, | Fords, were they of matter or form? 6. In my jndgment, | was put on shore and placed under the doctor's care; I Berarp called ‘‘the girafls.’’ (laughter.) Dr. Fos- | aud to the continuarce of the goveroment under which | the requisition of a coneent from two persons house ‘was again sent on shore at Palermo, and remained » weelt ter and Mr. Sherman, the lawyer now present—all | it is our happiness to live, tbat it har been incorporated | holders or freeholders, to become feureties for the fulfil. | at the hospital; I was deprived of the use of my jswes the witnesses concur in stating that 1@ course | into the constitution itself. It is not to be fritteredaway— | * tnt of the contract as presori! in the ordinance, is of | the widest {can open them to this day is to admit i either to the manager or to any otnes pursued on thst oecasion by Mr. Fry's friends | it is not tobe hampered, or cut down by narrow con- | the ve: ence of the projected agreement. I see none (iad between my teeth; if 1 try to open my mouth witer it folly of the accomplishment was first to applaud Mareteek rapturously, and then to-| structions. Our construction should be liberal as to the | in all t ipulations of more importance. It in not | hurts my temple: thers have been rix pieces of bone takem ame Laberde | Bhe is an arti t of receive Benedetti with a storm of hisses; and that the | exercize of this right, and if there be occasional in. | merely that the engagement is to auswer for the fuldl- | out of my temple eince J arrived in New York; the hand- mie iericl ne ahae aE Mena PRS characters and style | object was te break up the performance. | Denedetti was | jury ing frem this free and liveral exercise of | ment. It is that i applicant refuses te execute the spike was about five feet long and six inches in diameter; Thas acjuirel ner fame; and if by expressing the | forced to retire, the curtain fell, and the victorious Fry, | the right, it js that epecies of injury which attends the | contact when awarded, they will pay, or rsther secure | it wan about fifteen or sixteen pounds weight, avd of ¢ that fame 4 ‘would be | flushed with victory, elated with triumph over the tenor, | exercisecf almost everything we can count blessing, | Payment of the lovs accruing from giving the work to the | wed; Goedwin and Dixon were sent home from Palerme should adhere to those roles of which Adina in | rushed upon the 6 and apnounced—‘‘ Circumstances | and have the happine.s to enjoy on earth. There is no | Bext lowest bidder. The lowest bidder then refases to | by the Consul, and taken out of the ship at Staten Island "4 or | between us of a private nature are to be disposed of elss- | such thing as unwixed good—there is always some | execute—he throws up his bid—perhaps upon a bargain | by the Deputy Marchal; I have followed the water sey | have never disappointed a N annotncewent of my name for Mon: ot conclude without again protestin; frre seemed to agree perfectly on th wrong in coming ott in the middle of the performence to disturb the plessures o! the dilettanti by cresting such “‘)ubbub.’ ery ©} id that it tois statement had to be made public, it bad bave been doae after the perforn- ance was over, ur the neat day through the medium of tho 208 P'That was the Hxraty’s aecount of it, and it is proved to ihn cotiass Sy Syiey, Wisner We bas Deen Senonae: bas ple partu- | where.” There was a tumult and be retired. The audi pan: i a p % a > nalifying evil accom: icgit. The protection of this | With the one above him—the public is without tte ia- | from my boyhood, ard have been an officer sixor sevem perce tne! Meaty yap bret oy are ot coe ae) ay eeaeemaae t And to them my profound TogrOt. yg | ence restored order, and its good sense prevailed over the sight tne’ defendant elaima’at your Bands. I submit, | demnity expreenly stipulated for. If there is any one of | years;! have been very fortunate, for this is the Grst Sir Fry was, she siege “7:Gioulonaly,”” and inngt ody to | tpaco ie peat esfuman trast that will be fone botrethe | efort of Fry's army, though when the curtain rose again | then, that when you shall have carefally considered this | the conditions \mnposed, Cesigned and adopted, to insure | time! wascallodinto court fortronble, | | i ¥ o w ti mnedetti received eviderces of approbation. | case—the circumstances under w: oe defendant was . perf e witness ‘rons exam a Hi sing with artists.” Thie language was subdued by the oa of on syaeetne maueasns tones Oe OS Mene m . + Mier | one in quel T cannot hesitate in saying thet the de- lakens. } to The opera, however, was sung throvgh, With thegeneral | Jed to publieh anything, snd the attending facta w a. y reporter of the Hat, and stated in a more gentlemanly | 212, tic rcenes of the gxeem room, will agaia maki regular opern goers Beredett wan a great favorite as was | which cach of these publications was wade youwill say, | fect is one of substanse, and th it rendered | The examination of Mr. Knight, chief mate, taken be- bs oo ret add ta yolk. Cia vensit of tha Sea that cither the Bsnarp cz the gps chen 4 be tevgnie proved by Mr. Hewilton. He was tke best tenor in the | with entire conrcientiousness, and in accordance with | the bid wholly null, and should have been rejected as if | fore Commissioner Nelson, was) ‘the etalhed id thee artinle cf ths Dour — bagg napa ty cur friend, BES ~ . | company, as was proved by Maretzek. Why did Mr. Fry | the freedom guaranteed to the citizen, that there has | mever made, 7. The next question, (and thus far | being now absent at 2 containe “9 To Sicnor Bexrnrrri first s ender him fobs audience on Wedneiday evening, | been ro abuse of the right on the part of the defendant, | it is the only one of isten: The examination ex; rious dificulty,) relates | the origin of the ¢iffculty between bim and the mem, See he atte ci eet Sommittoe of Fire Years’ Subseribers rospeotfu'ly re | aeainst the advice of Mr. Foster? What was the object of | With these observations, I will leave his ease in your | to the supervisory power of the Common Counsil | and corroborated the test of the second mate as te imperative upon Mr. Fry to his audience yrmation of et * the position fa which be-w at the clesin Seniag Shis would sive. grane Gitacteee ts ok | Fry im all thie? I submit to the jury that having dissov- | hands, feeling confident that under no colorabie pretext | in thece contracte; and how far their action and revola | the desperate aceanit on bim, and further added that first act be appeared before and stated she public. ered that he had engaged too many artists, Le thought | of abure you will indulge in a disposition to restrict or | tion upon the case. I comider that under the resolu. he, the frst mate, was obliged to fire a ol im the dotti had but » momont before informed ‘ever ing, Nov. 20, 1848. be would get rid of some of them. His advantege was to | trammel the exercise of the right of private judgment | tions the contract should be awarded to the plaintiffs, | forecastloat random; he put the men in irons by the jing the rag" py ; te » ERARD, B8Q., of Committee reduce the number. In December he divided hiscom- | and of free and legitimate criticism. and the appropriations made have, in themselves, no effect | captain’s directions, after tho assault om Clark. © Bed igo on paper fame Age m Si ee oe pee Cem fo ok 0" eden, ibe receipt , and one portion was in New York aad the other in The Covrt—I wish the gentlemen on both sides would | upon the rights here involved. The Corporation had no ‘he defence was, that the chief mate, who is a large artists—adding that Mr. Fry was not bis manag SE Mik 42 die tun tig ovate WC oN tama? oa eaes Phisaetphia. This explains those articles that, ean, in | put down on paper the foints which they mean to sub- | power to repeal or modi'y, in relation to « particular | and powerlul mam, was druck at the time and assailed ee to.which only he was amenable, and by which only ping. He begs leave to pits ‘the committes that it will spy sense, be deemed defaratory. Asto the articles im | mit as matters of law arising out of this case, so that I | 088¢, the general ordinances which it has jee ar- | one of the —— and that the second mate strack i age cizct would be regulated. Mr. Fry then retired. aderd him very great Plgaeure to comply with their request. | the H=rarp cf the 13th of January, I cannot see now that | may lookover them previous to the sitting of the court | *uant to its statutory or other powers. which | Dixcu with a capstan bar. cote, ths curtain fl smumitte> of the subseribere a8 | "New York, Nov. 30, [o48. can be regarded as a libel. These articles have shown | to morrow. = | have aricen under existing ordinances must be governed | The second mate was recalled by Mr. Dunning, and Ge m pted to compremise nally So far et least in the publ'cation there was no design to | ® want of tact and judgment and of personal Mr. Saxprorn—Certainly, sir. by them, The Corporation can neither impair rights nor | nied these allegations. consented to eh Frid eoting with Mr. ray og f of dircgs talso- | ray enything that was disparaging to Mr. Fry, elther as | veracity as between and his artists, and The court then adjourned. aflix # construction which will touch the rights or rela Counsel having summed up, the Judge charged the hood in bi tement tothe audi ; to which Mr. Fey re- | an individual of #s a mansgerof an opera, No exception | alro attempts to excite feuds. Benedstti, Foster, (SELES: AE lations of parties under such ordinances This proposi- | jury, who rendered a verdict of guilty, Sentence de flied by striking him inthe face; Benedetti drew his sw-rd, | is taken to these rema There are thg series of publi. | and Marterek prove those facts. Mareteck says that all Medical So: ticn does not conflict with the authority of the Common | ferred. gnd made ® pace at Mr Fry, wounding in the hand. sa hi | egticns upon which is led the libel complained of in | the time there was troublesin the green room; they ledical Boclety. Council under the 494th section of the ordinances, nor > raphe suntva: the close of whieh the audience de- | the veccnd, hir', fourth, fifth, sixth, seventh, eighth and were = wade public. hed nip Tow that dia ane _ DELEGATES APPOIXTED FOR THE STATE SOCIETY. bet Ae! i Bae Nig teed els rare determined Marine Court. oe. i i differs: ween ong of the subseqent livels. Now pergsive ther the foots | the latter eommunteated it to hin friends and it thus | _ 48 Aéjourzed meeting of the New York County Medica, | en's Cagce, Ost.. 1668)” Theve contracts are subs Pit Fone call niel Lon bose eltitioad of tua seoeeas’ har hed, | Eauedetdl pwence te sipvex, sande ony euch stalementene |, gxiied pabliciy. Sceiety took place Monday evening, at the Court of Se:sions | to the power of the Uorporation, to bs exerci Caren tbe atattay este gaat ton Coe pursued. igs question arising with regard tothe | Mr. Fry ssid, the Mirror and Courter reported him | — Thirdly—The last series of articles relate to the balls. | room, Halls of Justice, Centre street, for the purpose of | fusing an appropriation, and discontinuing the work. gle, sues the defendants as the owners and agents of the saalice of the publication of this matter, and upon that I | as baring uttered. You see Mr. Fry, in the course of the | Counrel here read an article from the Hesatp dated 34 | nominating and appointing sixteen delegates for the in ed ah gy bel neg ap gel read Packet ship West Point, for the value of a trunk and ite ask your attention with regard to the raage of these | opera, attempted to create a prejudice against Mr. Bene- | January, 1849, headed Grand Fancy Ball—the Mana- | sigte Medical Soctety. Dr. Galen Carter presided, and . ye herds c' “3 _ ua segln s . that | content: t or stolen from said vessel. It journals as employed, and that of the up, which | detti, snd to induce the audience to drive him from the | ger’s Lestick.” Jt is as follows Dr. John R. Van Kleek secretary. eter ack ax aren — the C:mmon | that Brgle came a1 a paseenger in the ship, and arrived made oriticiems already warranted by the facts, Here | #tege, by stating that he bad refured t GRAND FANCY MALL AT air ASTOR FLACK THEATRE | “Thy mizutes of the previous mosting were read and | 2ovncll, ard an appropriation waa refused, saying in | here on Monday evening, 16th August last, from Ui ‘ou perceive the diilerense between the reporter of the said he bad stigaratized. Thi We percetve that MMe. Fry, under the authority of the | sppreved. A discussion arose on the proposition of the | sf'ecp ‘ast the Oorpo.a‘ion would net go on with thejwork | that om Tuesdsy it rained very hard, on W jeRALD and that of the Courier, The Tribune's account is gainst him the most violent prejadices; Opera Commit'e inouded a grand fancy dress ball at | election of delega‘er; but on reverence to tho law as pasn. | tall, THis mag & Prinoical ground of the ecision of | morning he repaired to the véssel, when he found this:— therefore, the statement, even if it were true, is not one | the Astor Place Theatre, to come cif on the eighteenth of | ed by the Leg'slature lest Jone, it was evident that ft ye clewe thet ths Corporetion eg pacrves ‘—" (t is | trunk had been taken away. Dafendants Ln oR Wo learn that Signor Benedetti sent for which a skillful manager should have made beforetbecur- | January. This isa similar movement, and aprings from thy | wes legal to proceed and elect their delegates for the | Ye?Y Clear that the oe lon would have no power to | liability, as common carriers, and also insi Be- the course of the first get of "'L. tain. He not only however, takes advantage of this occasion | sam: ees which rr fancy ot | State Society. Prior, however, to going into the baliot, the contract from the person to whom it had been | gle was a geilty of pestigente in not See gl ns ashore would not sing ¥ ene, S ae to bring the matter before the _— apainst the judi- | Iset season. The tr it wes moved and seconded that each delegate pay his awarded, and nother” Soinn y judgment they | on y evening, whenthe ship arrived. Judgment fer use Madame Laborde had mad of some of his friends, but he attributes am | gvence of bad mana own expenses, and not, us heretofore, paid by the | Could nottakeaway any ripht to the contract, which under | plaintiff for $300, and costs. Fry, used abusive longus ridsy selt ridiculous (a ‘i ‘with artists, tell. | clous advices a," and was not a fit person to . e adopte) to replenii G y their own laws had been acquired by another, The case 7 ing Fry’ that th ie mi rand net he, sesertion to Mr. Benedetti which that gentleman says Wad | giso be the signal for tht i ry a- | Society. . a" q Before Judge Thompson. shen saying that if euch) wore the case, the public a Celiberste falsehood on the part of Mr. Fry, and sooord | fon sitogother, ** We remember low it was during the Im ‘A Teodta'ton Wad them adopted. repesiing the bys laws | {@ the Court of Appeal ae ated fa xs. ‘Selden's note, ACTION FOR FALSE IMPRISONMENT. ; . Coit. Yo ed ec , ) Rated wnat Benedetti bad said, The sudisncejoutly ap. | im the 5x0: ence of Mr. ra have ry.now oes tll BS own expenses. A ballct was then gone into, and the | puPmion cour, Tet melicious prosecution end false imprisonment. A mam collision with Mr. Rorsi ard Mr. Benedetti. He pledged bimvelf to Mr. Rossi that heshould give him @ place in . oi the ccncert, yet he broke his promise; he caused a tele- ‘once aousing him, asyiag ho | graphic despatch to be published against Madam [raili, How this fashionasle movement will suocord nthe pi was not true, and that, in | and he also, by attributing to Mr. Penedetti language he | condition of fasbionable and general society, we don’é ka Pry imme fiatel, laid aowa had never used, caused him to be drives from his boards, | but we shail endeavor to give it all the aid in our powor, race : following medicel gentlemen were chosen :--Dr. Carter, by the Common Council to be | ty the name of Haskell, a witness for the plaintiff, testi- Ce ee ant sone tight Weseosd | Dz. Sweeney, Dr. Pood, Dr. Detmou'd, Dr. Hubbard, Dr. Dinding., jt may be disafirmed, and tn effect annulled, by | seq that on the 24th of July lant, while ‘strolling around : Beadell, Dr. A. I. White, Dr. Downs, Dr. 0. White, Dr. | 2 rrfvnel eppropriate; oe at oa ire itisurged, | sy Fields, at Hoboken, he discovered two men im Calkivy, Dr. S$. P. White, Dr. J. Wood, De. Cook, Dr. | °p4 Wi sis cane Haitt too thet at Lahr the parently in the act of secreting something im ~ 8 President then offered # resolution, reducing F i ‘ ¢ place where he saw them, upon removing sme fi tiem deowt If this conduct be indicative of gocd judgment, itis for | ety fig vontribute our mice to the poor Liallan arts s | Initiation fee fiom $10 0 $5. It was adopted. It was | ‘M13 into effect tho contract with the plaintilf has bos | legres from the gronnd foand & 1d waton acd several when they were Jou, gentlemen of the jury, to say 60. snd if the HERALD | who havo beon so drondfully racrificed and disappointed du, | then offered, snd carried, tha; the del-gates bo autho: | 18% and the Corporation then sanndt be sesponsible other articles of jewelry, of the valae of several hun¢red it it was calculated to injure and break down the | ring the Inst two poo nd’ ratané that it iv intend rized to fill all vacancies that way occur, 1 ia pivton th sto th ve mmmon Coun | ¢oliars, which brought over to this city; that opera corapary, it was justified in usicg the remarks it | to make this ball great aflsr in fashionable life. I The special committe then made their report on the | °!! In giving the contract to the defendants was a pluia | meeting Moore, the pluintif’, he showed him what he leon. That is the account given by the Tribune Upon | did use. In the otter commentaries upon this question | mitress the concentration of All the brilliant slaments of | fee bill. eniablishing @ maximum price. Tho readwg was | Cation of thelr contract with the plainiills, mate | found and a: the same time narrated the facts and ol ‘the representations of these facts, the Henan, on the 1a: | is ibel No. 3 which was published on the 30th December. | ta Minn, wich shone to aleriany oF tie ee fo a rocnion of | called for, and a discuseion arre after the reading, as to Dra nr legac bo Bid he = aged bets stavces connected withthe manner in which they came r contained these commentarit Tie PMEUTE AT TITE 0: all the eharacters, all the b the elogance, the wits who | the propriety of many of the charges therein ret forth. Sloat om teention anain te oH | dniebog tiely in, | isto kis possession. Upon consultation betweon Moore TALIAN OPERA—MR, FRY'S FIRST RXITRITION ‘he recent turmoil ao the opera il I asof somo nowohar c- | Dr. Detmculd expressed birunclt decidedly opposed to th sonabionet ate thts’ aeiet L ntlvor ty tad utverly and Hackell, 1t was determined on them to hold em OF PUGITASM—PROWABLE PREAKING UP O¥ TItm PD which we have, from the begin 1s during the las) | adoption of the seport, unless the maximum was tric! bs og gr A ln er tts Pe ee to the fFoothand avait the appearance of an advertise. is appearing in the ‘item pte? to compromii 4 to sing ‘ever, he comm Th Lt of the handsome tenor. made a pass at th: imp) and the performance wi The impfeesario bere, | suppose, meacs the Our Ke the rerult of Frs’s management. eed in the publio law. The plaintiffs had then a contract with tem pre. There has not cxisted much confidence in the public miad | porance, in equal proportio the qaalibies most in favo cerian Wie Deas], OUT TS, wae, wltienee ele Beread, (0, REDE) apis one Saiayjlively biting, Dut thay had teeeeyeh a powss ot ent oe ene lore ot the peopsety Wy ite evser: | oem eae with respect to the permancnoe and managemont of the Ita- | jc would reew, with the Opera Committee, in their selection | ube, neipal feature of the occasion. Let us | ™&Ximum, and made fo aa to read a list of eq © | control and recer What warit? Aright toreseiad, | r this occurrence the defendant advertised the loss ef Lian Opora troupe a1 present perf rmingia Astor Place, of a lessee. The principal achievement of Pry, so fer in the hope for the ¥ y s : ‘ Frices. EUill, however, there was a difference of opinion | Dy" erasing an appropriation for that identical ¢ tract, | tDls jewelry, whereupon Moore and Heskell went imme- y of Phil eampaien, b P 8 feud with the best srtiste of | he reading of this article excited considerable mer. | a¢ ‘0 the inequality of many of the chargen mady for | 0 rot cong ment Rith the iaterest of the city, How oc | ately with the property of Rottger, and delivered the bas 00 far beon conducted by Mr. Fry, form pbia, as chief maneger to the committee of subscribers him ower. Yor ¢: pe eis opinion in v: od of avoiding co! y. fo as tignally rebuke the triumphant demonstrat of the great tenor. To avoid tl same into bis custody, Upon thia state of facts the de- fendant, Rottger, went before s police magltrate amd entered ® complaint againat Moore and Haskell for atead- Friday | yiment im court. Coupeel then proceeded to say, subsori- | operations, and finally it was agreed to refor the report ° | bers who paid $75 for the whole season, were not return. | back to committee, and to report at ® subsequent mest- ed their money. In the article relating te this, I do not | ing, which takes place on next Monday eveniog, at the it be awumed that if the Common Connoi) had consluded that the contract could not be legally g anted to the de- a from tin met he it th a 3, from th att> to th ty iy Cnumpor ofjournais which bave toon solosted as the p Me totven tist'ond the bitelings of che manager. fee avy charge, unless bisto.ic facts and the result; it | saxe hour and place. ‘The meeting then adjourned, frat, ey, ceauld have tofusad it te the Pisin | tog the property, upon which they sore both looked up fae ane of the manager have been constantly abusive, perso: ot three hundred persons, who by the special ‘wou'd be illogical to deduce fraud from failure. The next iinaanpiybnnamienyngteliinmeeny at $2 93 ard, I casnot econtiude they would two days, when, no one‘appearing to prosecute them, Fee itister poper pellets soming from soecere prgroess | 15 wast there, ou Feidsy nigtt,,eitied and tea Article of which Fry. complains, under this head, is Coroners’ Inquests. have judged ib inexpedient to prferm it at $9 Fee Saas civeiisees. 0 Vr oe, a _ ’ ae 27th January, 1849. It is as follows Dearn Causey py IntTeMPRRANCR—A Hornimun Cask — a ~ | credit the character of either Moore or Haskell. Upem ym persons ont ebaracter or rt aes of any ere the 73 ‘The firs} act was te They invited, in the present case, every one to | these facts the jury rendered a verdict for plain for LTAMAN OPERA SINGULAR cmAXGE OF THe trams. | On Monday, Coroner Wilhelm be-d an Inques ithe recent gran wncy ball, given igoor Fry at the m opers heure, wae in & cortain degree & failures it will probe pat hi Pied soik In nes bos, sinabohia ee y, prcpoee for this work, expressly stating the ‘conditions the 20 bpen which he should have the contract over the com. | 200. e 4 bly in auoth® turn ont to bo a very favo! air for yet tors who presented them, The plain'itts cil become erate othe cael cocoate a Weastiaey | nee es! Fog eee sienees | the reat of th ‘nd be the means of eatablishing avo: | the above named premises. “When found, her infant | entitled down to the Iast act nooosary to confirm their The Broadway Railroad. evening Inst. Wo shall take the sta rment Ineos of tho Inst performer, listened to him for @ mom pone gay Facade nanfe tpi this country for ever hereafver, | child, about six months old, wan foun Lg her alte clasp. | right, That act wea to bs done under @ resolution of a TO THE EDITOR OF TH® HERALD, two organe of the manager. Courier on when he was promptly sent off and 8 Cay bexend 4 in ite dead mother’s arms. The obild was l ving, and | su pervirory power, which enabled the Common Council in Naw York, Deo, 13, 1858. stage to mid his buni ; " NEAT ; n Tribune om the other. here they are-— Trinetice to Fey, se ought to bo ssid thay he faily sustained | Itmay bo :ecollosted that the menavors of the ball wore | was taken charge of by one o! the neighbors. Theroom | tfteet ioannul it, They rast annul itin the mods ant | Your article, headed “Broadway Railroad,” in the y,taea follows the Feporia walsh Tb @ quoted. After | his favorite chars: at ak be Soom PY aoe oe eee a ere Tg om gt uat formal 8 certain | ceoupi@d by the deceased waa in # deplorable filthy con- | singly in the mode, which hoy themselves ave * And | custo of tate tocentngs ndlanten thet yon fuel fond q ing familiarly with all the characters on the occasion. The | dition, adahe evidence before the Coroner showed that | The slightest observance of the integrity of their con | the pulse of the people of this great metropolis. A for the first time, om and chagrized by his By the temente, which each other very tide hey feom she publi, in¥l class of soviety sere slinded to is that originally abe was of intemperate habits, ani died from dell- | tracts, and justice to those whom they have invited to | which is not generally known may, unter oxist ele ly wo i aor Br. treats ists, socording to Ser oked wice, Bowedetul Rie eeocatelbit “sportig gentlem«n,”’ composed of men who own rium tremens and destitution, and the Jury found a ver- | dea] wiih them, demard this. 8. But, inmy ja*gment, | cumstances, be of interest for you and the people to um oy do net submit, w hued bie intention to challenge the tenor, by thefollowing | maasions in Park place five glorious cham | dict tothat effect. Deceased was about forty years of | tho plaintiff have mistaken their remedy, Tho case ian | derstend. ‘The boasted plan of+ tho stockholders of the $0 his whi 7”, which may be seen in our report of hig sposeh ta | Witte Dy the prosperous Pine oye. | O8¢ O24 e native of Irelend, clear eno for dsvoages, in an sotion for that purpose, not | Manhattanville railroad (being the same individuals ae facts, we are more ¢ia) ene iy Cg x Tobe isepees Se ee et” ENie’ Commack wr tom which they puri in somo respoots not vary different Deata ny tHe Crty Pruson.—Coronet O'Donnell on Monday | for tke interference by injuns'icn, mach less to order the | the grantees of the Broadway ratlroad) is, that they have sence see 4 Se neoused ry of having received with s shout of derisive laugater, fro frcm the Wall etreet system, at least in its morale In short, | beld an inquest at the City Prison, on the body of Jose) Corporation todo az act whish they may reload one thousand men engaged, who are reacy at a moment's aera e he at A strictly Sruc ia rogard | thebouses Whether she preliminaries of this Fe eee eccthie nak slant tee ree er ey | eam get Tory of Ireland, who | selves from dcing by ® revolution refusing an appropria. | warning, with picks in band, to break up the whole of the Hoularly in the parqueite and some of te private box the Fpo noon, Itiesma | tion. The remedy in damages is adequa e and full, ani | pavement in Broadway, from the Battery as far outa that on Saturday the deceaved wat found at tho corner | Iam very reluctant to interfere by such summary pro | Fifty-xinth street in @ siogle twenty-four houra. Ite of Broadway and Charnbera strest, by ofloer Jackson, | cers with the act of u body clothed with full urlediotlon, understood they do not evem intend to regard an injame- Anticioa' h who, witnessing a crowd, went to the spot, and there saw | and whose decision is in the very process of performanye | tion, in case one is granted by the court, as ths iajame dos ‘The Wall sreet men, on the deceased on the ridewalk, baving just recovered from | by the execution of an inportant work, The case shoald | tion, they think, cannot reach the laborers. by shoot. | Sr® by no menns so colionte tn finish, tn manver, ori dros, | a fit; his head was out, evidently caused by the fall. The | bean extrrme ore, and redress otherwise imposible or | This is the plan of operation, revealed to « oltisen sof the Hndson, people connes to ng sed to the Tombs, wkere be | utterly inadequate to wsrrant it, ‘The caes of Smith their engineer, and to take place about the last of 0 ‘ - : Offi-er conveyed the dec 28 at Newport, itl te fe | eee ee ae Miae ticed of two kinds ot sporting seg. | was deposited ina cell; and there, according to the evl | The Cor pcration, before referred to, establishes, 1 think, | prerant month. They intond to indict as muol ¢ also Jearn that Mr. Fry, on if not more, Count, ho tings the boll | Of tho sresent day is com pcsed of two kinds of sporting gon por f e 5 eferred to, ‘ , y ity as they can, «i q Ve 6 $ evel . and ory y ¢ ono belug these who 1 in stocks, The other | demee of one of the keepers, tho dee’ d won attacked | thateuch an section may be maintained if « legal right is | 9nd inconvenience upon t) sions, has exhibited his high qualities to 8 certain extant to, | on oe ane ee manent, we Tit diners to Sapiens toe ho deal gut cacds; but ths laiter dercsiption of people | with another fit. The keeper attacded un'll the Mt was | made cut, ‘The learned Chief Justics Joner, at referee, | tlie next Commom Council sould (which they, 0 tatnly, Lables mile cpatonal rapetand sirongin, would | prompt latert-rcnce of ths Crick of Polio, bus it, as we do | #80 fer the accomplished ct Hetwo,” 0 | over and then lott; but subsequently, om retarniag t> | rustaynrd tho action extirely, and the Sapo-ior Ozart has | ili) repeal suclypermiaaion the fist act they do not harm afly of afryin his way. We also remember the | not dcubt, tl cy are snxi, ua to get rid of lim in somes way, no A the oot srentsrprise will’ doubtioss stove | the Gell, be axcertaived the deceased was then Cord. Oa | rot in any way dstermired otherwise, Whether the disgragefal treatment which the aatable Trudh received in e cis Ned rete 4 nat purplvs for the ostabl.en. | the post mortem examination made by Dr. Uhl, it was the | relief by camages can be giren or not under this cem- 4 Philadelphis—the manner in wlich tha pet jonrnale of the she of the physicien that death was caved by ex: | platot isn qnerticn aot now arising ‘The ininnatton ia K man by the name of Tanao Ferguson was found in the prenetee Com, cat bit Sreces Ee im oe a ry Mer ed s the last rontence, cauned | taveration of blood at the base of the brain, A verdict | ‘enied, wittout conts, of the motion or order Ww show | ghey in the towa o( Kent, Pytmam ovanty, om tee Stal pleining " hoe pesition to her old fyieads iw iow Keogh Moa 4 tance aud atu 2 that effect wan rendered by the jazy. couse ty cliber party. froago tg deme r; dccfco for two, ars yet definitely arran, éied in the prison cell For expostulating against the vor. te put forth by Fry, Benedotti is es ; ¢ only replied to by win the taoe—e rogulne right- | ing will take pines st Conby Ielsnd, on Governor Day fendoraethe Fourierite philosopher teobnioally calls it, | picutation. We séviso Fry to devote all his spare tis ‘This affair Feomé to be a specimen o! the opers management! | cacefu! practice, for Lahot. during the present soacon, from the beginning up to th in question. Wo ni] remember how Madamo sulted and summarily adrift, alter being ong: distinguished artist iss now a uit pending against 1 whiskers are altogo! jonedetti is a dea 2 due won unin icp for che ravings of tho disappointed orltics, whoes tena The forexeing, rartien f an cay wragaged Kty a a gaugeg vb yaar 5 Brehs merrineny ta court. ansel weal va i 4a7, aly