The New York Herald Newspaper, December 15, 1853, Page 6

paper has | thing, if it be a promise to annoy bis eremy, that means of | it, “Iwill @oteh bim,”” The decree had gone forth here sentiment or feeling between the elasses of so- | in Hastings. in the month of August, that Fry in New York was een what he ealls the “ pper tem,” or aris finiahed. Ob! says s gentleman om the other side, + it teeracy, and what he calls ‘the vulgar.” But certain it | was said quietly.” iy have stated my reason why I canily imagia tathat Une suse in neve Fertcans Thine the. are | otherwise, Mr, Srehoeth, the witeen, sn Geream, Dat fore, rf judices between 1 who are erwise. Mr. % ‘a German, 3 i sort of am estimate you would ima. pn th ad wee ‘are not wealthy—are doing no | he was ezamined before his honer, Judge Boome whee therefore got to reconcile with truth one or the otherofthe | nett’s opinion. a t rassal—because Mr. Fry said to if Auer or of any other ould have sonsidered him ‘a compound of igasrance, | gocd iu welsty. They may be the arming of one olass | intelligence ani jastness, or whose wind and the care | twostatements, which are irreconcilable with each other. | him that Trufl broke down, he 1» charged with accusing | What y to dot, Should he visit and i ‘vanity, pretension’? in equal quantities; you weuld against another, at least to a certain extent. With weak | fu'vessof whose practice would secure the mind of any | You must take all the cireumstances into acconnt, the her in his black wail Papers. She says hereelf “‘aature cpuyey have a anrelsoine, insulting violest | men, or weak-minded mem, such writings might lead to | in the belief thet Mr. Btrakosch fully understood | interent, the feeling, the reputation at stake, and other | gave way.” What is but breaking cown? Did he | Meked through all the streetain New York, and It nevee ' man; you would have considered him a base wretch, who | the demonstration of violence on certain occasions. | what he was swearing to. If the tlemen hat considerations evince by the witmesses, socording to the | say anything disrespeetfnl of her? Did ho sey that it — What would Joy females in his epera company, and then ast | What effect thore publications have hac I cannot say. I | any talk about the testimony. [Ihis last remark was | tesiimopy given in this piace. If the testimony of Dr. | for want ol talent she broke down? She was asked run wenbirker than tr pecan tematieally to defame and traduce them | will oaly leave it to you. I recollect, and so do you, am- | made im reference to romething which the sounsel for | Forbes is not to be received as good and trustworthy, I | Fry had 4 difficulty with her in Philadelphia, She Loy 7 ex thse te sone ‘him—the course black mail papers—oewspapers hired to pab- | tlemen, when the streets of Astor place wore statued | the defendant, Meners. Sandford and Galbraith, were say- | weuld like to know what een ae be regarced as | said ct ehe never suspected there was any differ- be: 4 ba alley rhe Fig Be raen oot pate cts Msh bis detractious, sad newspapers willing to| with the blood of our citizens. You recollect when | ing in relation to the testimony of Strakosch. Before we | such. LO reject his disinterer ence she met Bennett at Hastings, She never | side, why netnta-bo weaned thas ait? Why he wait and performing the ets of hia desires. Y: the abolitionists—a class of men, to be sure, | covldehear the rest of Mr. Jordan’s remark, Mr. Sand | fer that of the other witness, who so wantonly assailed dreamed of it till then. There is snotber circumstance | for Low ri Ae ong m., ‘A ‘would have censidered him a man who would hi to whom I do not belong—undertcox to have ® meeting | ford arose and ssid the testimony was taxen on the 14th | the plaintiff, you may do so, but it will not evince much | about this card. Truffi patemek at Philadelphia for a | Bei ld met ag Now York So 2n@ ited your wives, aud your daughters, and your sisters | he: usec llect the titse when Captain | of November, and was proceeding to ecrrect s statement | of an honest, intelligert regard fer your duties as jary- | month—from October till Noverber—yet she never found | put of the cash, i Aue lan Te Sow has ‘been pi mw the opera house, & place ef public amusement in tha | Rynders and his select corps of patriots entered the | ofthe opposing counsel, wien Mr Jordan replied that But there are other witnesses who would tara the | ont, fer the month, that she was abused. Her eard is | in or lon eg wane 9 = Maroney ‘ity of New Yerk, and mix them in witk gamblers. blaca | building where they were, and what they did: you racol- | he would eorreet it himself] “My object here, gentle. | scale on this point if it were balanced. One of these wit- | the frst intimation of it. She served out the month | Mr. Brady, Sprongh | Me. A. mae i aS Jege, and presti’ utes, all im theene building, in the bexes, | lect that how a quiet elas of men—for they were quiet— | men,” he continued, “isto makeygu understand the @se | nerres swears that she stated, herself, in the presenee pleasantly, and then eame back to Now Yerk, to be ia- | bnow how many more have labor oad = parquette, private boxes, and behind tue celisss or | were obliged to a jourp, avi break up without perform | as it ia “prof.” of Ma her husband, that the reason why she aid not formed 4, Reonets, in ae mao, hat ae had | heen The lst cane eat ibe), was uttered gn the tea eoulsses belie: word, j im consequence o! — ; began attend on the evening ip questi she want used. . H commenced mete Hop gs Were | ie eceeuee Caste coateat tues rm o ihe Lain occeegda taller Tees ee to spend the evening wi her Savioad, who was going to | She formed on the lst of November. She performed | end of that month. There has been eoumsel after eoun- 1 eanvet say | know much aeeut such things. You | d+ tration made agaii them. What hand the | too broa¢ a gauge. woald pathy tale re hime hat kid ofa aol You maid in all thoes ma ers, I will not undertake to Mr. Jeréaa—1 will move your Honor that these gen- | Havana nex! morning. Why was he rot here to give | but two nightsin New York when she wrote tho card aad ployed fever ypody, a aaben ceri sere ‘eee a4 would bave cousi(ered him a man of no sert of busi- we that affair of the Astor Plaes was rather | tlemen be removed if they contir ue to speak fo loud; not | testimeny? Now, admitting that Pico and Dr. Forbes | sent it to the HxmaLp for publication, Why did she mot | Mr. Brady, qui Fels Me be yt at eet mess capacity—a perfect bumoug, all ignorance, vanily, “eodfish aristocracy” and ‘the | that I believe it will have avy effect upon the jury, butit | were equally, ntitled to eredit, if her statement was | findout, all this time, that she had beem abused in the | know how many more have been en, piecdey pers? I su, the New York papers go to | the purpose of by every manner of means, PT nappece the wotld ma took “tato | andembarrenment to Mr. Fry, in bringing on and dige i . th false. fi t they would say of her. Yet ing of the trial. Now they complain that we have Oa A adel mee cut Pan's tatimeay, ppg Det Posen tne aid’ not Giscover “that ahe Twas attacked. | suffered the suit to remain here three gr four years withe N Tibink the disturbances at the meeticg to | must be annoyirg to them. Hers Mr. Jordan com- | true, she o-uld easily get her husband and her doctor to | New ‘York pe pret 4 inettic! » hi kiad of , ae, ahora cs Mire Das Dal ln aline 2 partion of Strakoseha testimony, when | sustain her. As both statements, therefore, csaaot bere: | Philadelphia; werk to do, either as clerk, bookkeeper, merchant, | which Ihave referred, partook of a similar character as | menoed @pera minscer, or anything else, yeu would have al- | totheir origin. I will not undertake however, to 4 he was to trial. Tho learned counsel] on the most any man you could pick up ia the streets, before | mine upon that matter; but I submit to you, bas the | ing discussion tock place between them:— ; on woul have employed Mal oa ame oe supposing | course that that paper (the Heap) has eon ever | Mtr. Sardford—-That portion was not read, sir. il Mr. Fry that Madame Pico first | She sayc—at tho end of the first Oa Set aare ford brings RR ot ages be Beas Sou tock what the Himutn publisket abo it him | hada tendency to smeliora:e or to unite the ciferent | Mr. ‘Jercar-1 will no’ be interrupted, ellegnd Wie was sieie~-saying 9 cae Nine and was tee t.|: gare NAY ‘estiea ee Eiger Ry eae vane ts age ry tig Bas rit et ee hee pod or haa it had the Mr. Sandford—I supposed the gentleman, where a por- | one place, and, Spo! ined, saying bed y cpearipr ei ay wench pry eo ame it A eis nas) tere le fe be true, and thst he was a stranger to you and | classes of society bere ia Nev Yor tion of the deposition was excluded, would observe the | was sick acmewhere else, and finally told him she was not | very ¥ i that the ne to pursue that before, un- | just as much justice and reason in that, as there ls rules of propriety ro faran net to attempt to read them. | tiek at all—that her husband was there and was going off | ness from never having performed “Norma knew nothing about him, But let us ase who he | contrary effect? Ti ix uonecesoary f Decauso it is important in the inquiry to know | subject. Let ua take the ecitor of that paper aa the de- i Bie @ man is pes & boing aa that cB) by | fen sant in the case, and the acverrary rf Lo cligat, the | Now I esy that the paragraph was mot read, in the morning, and she wanted to spend the evening with | doubtedly produced illness that confined Fie aed Sing ele comneten SL meal s the publication ‘of hua. “Mr. Fry is betore you, | pleiailf. Let un see what hia evume has teen toward | Mr, Jordan—I had a eopy before me that was not | him, what would any intelligent, honest man do poder | for several days. There is a little stepping beyon: ae open ees saason of tbe fs aa etal shment of the end were it no’ nt in my judgment, in this case,’| ibis plaintifi—whether he bas violated the laws of bis | marked; 1 have now got the right copy. the circumstances? Why, of course, cancel the contract | matter. She did not’pen this fletter, as it ap i a pny See herent ith oe ‘to call your atteutioa a little to whom he is, I would not | country, and personal rights of the plain i |” Mr Pan ford—You should have read that before. The | atorce. The terms of ‘hat contraet are, that unless in | wrte in Italiam. She got somebody to ate it; Eisen reas enh aoee ae the public;”’ bo ortions ne it in euch a way as ren iers prerentisthe proper time to correct the mistake. case of sickness, absence cancels the contract. Ifso, and | was # rather free translation. Who was the translator? | utterly false—‘ thus the pat potagoe of < tm his presence, persaps, indulge ingtviag you a descrip- | whether be has ‘ tien. Ae. Fry sot ry Pridadelpata ra Bes what = ble to censure, to punishment, ard to the cnimadye Mr. Jordan--Well, 1 never knew ® man that was op- | that she showed s refractory disposition when she said | Why this man Revoil, the agent of the HERALD in Lerertg jonabl leap tee uric rime farwt cuts fer the arte be called, if anything im this country can be so calied, | cf the jury cailed to pass upon the rights of the parties, | posed to bim (Mr. 3 ) that ever had the last word, and I | she had as oda right to embarrass him as he had to | the correspondent Paris. He wasthe pimp that ba beara 4 sepdepr cin, re ea. UU pepety ed ‘ancient family, a literary, a respsctail family. Mr. Fry, | This, gentlemen, is a suit for a libel, or a series of lib-ls, | will not attempt it. It is a great piace of impertinence. | embarrasi would not Mr. Fry be utterly imbecile if | tenced the operas and balis, and A! hold of Chay ax a ppd te meme . a A meats to pres This childhood, manifested a tarte for masio, and at aa | commenced by this plaintift, whom I have had the henor | Judge Oakley——There may be peculiar circumstances | he had borne this condnot on the psrt of Fico, and had ip circulated among the Frenclr boxes. Bennet says naed of alleged attaek upom Macanse a early and tender age was put under the instruction of a | of presenting to you, against the defendant, who is the | thatcall for this interruption in reading evidence that | gone on, and flattered and coaxed her, and got her on the nt persons there for the purpose o! making judicious brie iy i y ae — ugh Italian g' { Taeiieal tenshan, | thaxechootn thay haverqaiiod ond by | responsibie editor of New York Hanaun, which [have | should not be read before; but the best way is to makea | stuge whenever he could? ‘He cancelled her contract!” | eziticisms, that he might have the opportanity of know- singer, ® pul 01 i i d vi ing on. So that Revoil is the person who | much of her; he bore with her geading the de poritions of Mr. Fry’s brother. At the pro- | thought it wy cuty and privilege to make some remarks | note of it, and then correctit afterwar¢s. I am rot tryirg the Italian people, but James Gor- | ing what was going on. | ia mate mena bats Me bere time, Mr. Fry was sent to St: Mary’s College, as it is | in regard to.” Now, witbout reading ail thoge publica- Mr. Yandford—My intention is to correct it at the time | den Bernett; but it is necorsary to xpeak of them | wrote the card. Trufi was arked w! transis! ‘. a 5 Biied 1’ beliere, t) reccive a collegute education, and | tions iom the papers tbemselver, I will encesvor to give | the mi She would not ‘ell Why wae she unwilling to tell? | it was or not—perlisps he'thought sho might have sung take is made. in conrection with him, as their champion and de- Where he was put uncer the conduct of the professor of | you ® oondenred statement of what they contain. Mr. Jordon—Oh! I know enongh of the bullying of always treated her with | fender, who libelled my client on thelr behalf. | Beaause she hed understcod, by {hia time, the importance if abe. rae saxious to do ao, | He treated her wit music. Mr. Ir jarly educated, among otaer | 1 may kave oo-asion to refer to the papers indivi tually,by | the counsel of the Hznatp. New, gentlemen (addressing | It ts necessary to examine their testimony in relation to | of shieldin spy sent from ALD for the pur- | €0 was in ands Sings, bp tha rorenec a ees ened saefactien’ | aad Uy, in onrtain connections, but at pressat I beg Rite | tue ues) apen the oro rarinatfon there way a great | Tico. What do they aay? Thak Nr. Fry took advantage | pose of nieking up » gonad to abuso the opera and its mi giter, whoknew how f take adrantareot her qedullts— tes, while h ained a ey duate . Whe to call your tion to the chargea which are mado | wapy questions asked, some of which have been res jas she cal 4 5 " Mr. Fry left collage, be ment into ihe ne aan egatnet es Fry, @ man against whom Tundertake to say | and Nee of which was not read, The witness was press- | contract snd cut her adrift, because she ¢id not sing ne she stopped, Faw her when she retired, and ore tush like Ce Geot ating betes Sls,) theaghs mon Of the most revpeotable houses in the ety of Phuadel. | there is nothing asa gentleman, or an honest man, or an | ed by that Kind of hectoring and cross examination, such | though rhe was sick, and he caused her to be abused in | went with her to the dressing room, ‘and stayed till the tram action, withsome loense of expression, wit ene of the most respectable mercantile hou honorable citizen. The )ibele charge him with disgrace | as, ‘Can you recollect?” ‘Are you certain these wers | his black mail newspapers because she did not singin con’ | put off her opers robes and put on her ordisary . | some nan a 7 abl ol bo MH ead purpos Union—Brown & Co, There he remained for Nereocduee in kaving lbsited artists in his employment, | were the words?” but he persisted in saying wiat ho | sequence of this sickness, Is there any evidence of this? | There was no fainting about it, A lady of the choras | sea which she probebly, at tie line, Uae Aas understands | eonsiderable time, He was the confidential cl Enc pichicg bis opera heuso with hirelines aul tosfars t) | had tated was the gubstaroe of the expression—“That | There in not » particle. On the contrary, does not the | sito swears that when Trufi stopped ahe went off with | but wi perfectly well unders| for carry= ; r : ett 5 i lopment. | é finish Mr. ” tenti how that Benedetti, who had sa interest of | her, and there wasno fainting at that time. Miss Patti | ing out the grand desiga—the grand conspiracy azainst sean exirasted wiits thes zooms’ (epartant eouceros thet. | Bist deny Benedatth who was! ee Cais 20]01 tet | ooo Tent in inie eoboiego soomaes imsportoake Suis wasit SCO; fevelved ia intr wan up with dennett at | swearsake wes in the dressing 1oom after Tram got there, | Fry—eoncoeted by Bennett and Benedetti, at Hastings, | were delegated toany member of emp! fa mersax- | He is also charged with being the author of disgraceful | next fact in this oasethat becomes important. This was the houre: He after we rds went to E aon, Psy ig broils and troken promises, ee supporting his perk ‘ani | in August or September—Par edetti, Traff, and Rossi were | Hast-ngs, in ccmpany with these Italian artiste—im com- | and she and her brother, were the only persons there. | and of mae He Le eee re pariceriheek a fulélls geturned, went into apectable employ in belis by the patrozage cf gamblera and eoavists—Jack | rear henne!t’s, boarding in the next houxe—Fry had re | pary with Pico by her own declaration, who had resolved | Why are rot the mother’s cepositions here? ‘Why did meat, ass on medi a ia story, as A 500 how f eity—a confidential employmems. All this time, geatio. | Harrison for instance—snd prostitutes who were pera faved to see Benne!t—Lennett had threatened to finish | to ¢mbarrars Fry, and who refused to sing when called | she not swear that Tsufi fainted? The mother was in this | much better he succeeds proving wi atated t . men, Fry, though he did not happen tobe blesed with | ted to mingle familiarly wih all tha company | him very toon, On the frst o! Ostcher you will recollect, on a compliance i od eo = her Coe ote oe co bey ates tee coe ras coramienees by Areas a wee Tit aunts pele pia be i ist ‘i al ive: 1 er 3 in the cit New York— . Fry then cancel her contract because sha was sic! cou! ave 2 esse, OF 5 ' Sa ‘he voice to make a great vocalist of himself, aad though | —the ls ‘and genilemen, the wives ani | there ens to hem concert bere in the city of New York r. Fry ee er ee caaen nin Iecperience shows teat the | post tail, and whispered with bim for « moment.) 2 i he did not wish t 4 his life instrumel ist i hte! d sisters cf the most respectable classes | that was within a month, if not leas, after this conversa- | or becaure she bad resolved not to sing, and thus toem- i re a gent opener bate Sir een are oo ae ter tae is TerRiculs him cre | fou between Strakorch ard Bennett, when Bennett made | Parrars him? Bat say they, she went on to Philadelphia | defendant could get the testimony of Revoll in Paris. There | mean primo tenor that Fry had in- his company; at all mesa, ? his love of music see ome «1 wit | halfetarced slvesturar. They charge him with being | the threst. About a week before the concert was totake | next day te sing. She got well very soon, She there | was no fainti:¢—nothing calowated to excite alara. ite, he was the favorite of the publis; he was the mam ae ee ONG Ch music seemed to become om passion | Pall iM eompercat forthe position of manager of aa | place, Mr. Maretrek, their own witmenr, called upon Ma- | gave formal notice to Mr. Fry that sho was ready to oom- | Mr. Fry treated her kindly and courteously; aud she per. | who was regarded, s0 far as the tenor was concerned, ad M early period to prt Limeelf at ihe hoed of 1 respec. | Ttalian cperathat he bad sustained tho ebaraster ofan | dane Fico, arother Italian songetrers, to give her infor. | ply with her contract and sing for him whenever he | formed # whole month without apy Afiiculty with kim | the life of the opera, He was brought here from Europes Gane insiitution, wivre music, an it ts supposed, is pro. | ape, ‘lich it was his favorite employment to represeat, | mation that Mr. Fry required her to parform {in that con- | pleased. He sald, “Madame, you have violated your | or the rest of the company. La Feta was on the stage in the first place, for the express purpose of filling tha: in its perfec:on—as to barmony and so 204 ‘at | and they @enounce him ac quarreling with hia artists for | cert on the Ist of October. Madame Pico declined doing | contract and J have cancelled it. I have nothing moze to | when she and Benedetti went off. I Genlaiert to put | situation, under Sanqnirico & Patti. ar that in mind. Jeast. Thia ia tho plaintiff : the mam that is ‘a com. | the beew design of cancelling their contracts in order that | no. She said, “in the name of myself and of the Italian do ith you? a is all the syringe Fin. expe: in some Kenoeitons Fo raven eT ie a ° trae det Lemay ‘Onvine a yon may 08 igno sion,’? 0 know: he might take a subseribers’ money himself. There formers,’ or *‘ other Italian rformers,’’—I don’t | rienced a! e hands of Mr. Fry. fot a word of ispat mess several quer’ ‘J np bectyd d in Pound of ignorance, vanity, and pretension,” who knows | he might take all the subseribe i re | a8 rere was anat | over parsed between them, ‘She simply refueed todo her | When I asked the question, Did he or not say he would | Benedetti was taken sick, and he sent fox education, has a mothing ; who has been well educated, has hai as might be charges, which if , would render a man | recollect the preci expression, but the i eee ee ee meatal (bas lad a mer | Reve cangerous, but none that could render him mors | sbe «poke for herself aud the Italian artists, She said | duty underthe contract, ard he rimply cancelled that con- | end the American jacknas?”” é Dr. Forbes, the physician of the opera company. Dr, cont otis may in reply to ourtrateharge, thas | she ecula tell Mr Fry that he had mo right to give these | trec:. as he hadaright todo I belisvs in the cassof Pico, | Mr. Sendierd—The Court ruled this question out, and | Forbes gave bim « cortificate of bis illness, or reported @ paasion for music, i + Solalig Inconel to Fry that he was sick. Now that sppeara in his own | the defe> dant replies that we concelled his contract with | absolute orders—that they hadas good right toem- | the plaintiff is not accused of blackmailing thenewspspers. | it is improper to introduce it now. Sgrore F ; jan artist, whom he had employed as | barrass him as he had to cubation Bead Tdon't know | Yee, they have too—they have said he caused her to 06 Mr. Jordan— ‘The Court did not rule it out. Iknow | letter, which is published here, mt exactly porspicuoud |} one of bis dramatic corps Wy zo en to cay that Mr. | that Madame Pico, and Benedetti, aud Rossi, or any of | soundly abused im the newspspers. I should like to know | whatthe Court did-—it told the jury not to regard it. | as to dates; bul if you look at it and examine it, you will Fry bired Fi the sum of $160 to write | them, had aninterview atout it; but what does it show? | who abused bei? Is there auy proof that Mr. Fry did it? | Let them do that if they can. In reply to the question, | find that am correot hy comparing dates. But by thes notides, unéer the guise ef cr , for his in- | Who were these Italian artists? Where had they been? | If the gentleman on the cther site can place his finger on | he answered “No.” He then went on to asy what Taid | bye, while he was thus sick om Friday, bills had gone out | t,’ and that he gave away free-tirkets At Bastings with Bennett? Whowas Bennett? Themsn | any evidence of thi kind, I give him jeave to interrupt | not ark him, and said the words were, ‘‘this will end the | forthe performance of ‘Norma’? on the following Mone 4 h critiea for the purp procuring tt who was to inith Fry, When Madame Pico epeaks of | ms. There is not the Arat syllable, not the first breatu— | American jackass.”” Ichould like to know tho difference | day, . ‘The great tenor,” as Mr. Bennett calls him, lay | of such articles in the Ph phia NV their ging to the coneert, she speaks in her owp name | nothing under heaven to show that he abused her inthe | between ‘I will end the American jackass” and ‘this | in bedon his back, sick, and he got « peysician’s eertif Wwanian, and the New Yerk 7 s, ane that cf the other artista, Where had Madame Pico | newspapers or caused her to be abused. It isasheor | will end the American jackass.” Yes, the American | cate to thet effect. He was annonneed to perform in y &e. It is charged with cancelling | contract | learned that she could have redrees on Mr. Fry, or that | fabsication—a sheer lie—deliterately penned and delib | jackass, ont of whom I eau make one thousand dollars if | Norma” ov Menday evening. There was no probability | Decausé ahe Was sick and could oct ing, and that he had | he was transcending his power? Let us see whore sue | eratcly published by the defendant in his Herat of the | heis finished here, for Bennett has promisoi to finish | that he could do so, and accordingly om Friday, Mr. Fry, g from mere necersity, detailed Sigaor Arnoldi, an inferior h Great Britain, previous to his hastening to | bribed Foster and o yeter sappers end cham | could have knows that, Here Mr. Jordan reada por | Sdcf November. This is libel enough to coavict him, if | him. | “This ts the way, to end the American jackass” a en of his eoantyy.. Whoso mocerafully turn to write notices under the gnise of eriti-ism, to | tion of the following contract between Sigmorina Picoand | there were nothing elawin thecare tis a charge ofacis. | sort of exclamation of Benedetti at thehuccens of nis artist; but Arcoldi consenting, was ma septadle ta wareven before thie peace fook ylaes? Gh he other members of his company, and |*Mr. Fry:— hor orabletranenction. There is something meanina maa | jectthe consummation of his wishes in relation to Mr. the public by tho information teat “ihe great tenor”? 4 Brown who wasa Quaker by birth and a merchant by | then they geve a list of newspapers, among the mat ree- New Yorx, on the dth day of Angust, 1843, | abueirg a Indy in blackmail newspapers that he has o: ‘Aiter all, gentlemen whet does all this amount to? Iny on Lis back, confiued to bed by rickness, Arnoldi, profersion; his Quaker coat pecindle in the country, whion bad been bribed or black: | , By the present contract, made in duplicate origizal, to be | raptec for that purpose, The defencant has set up thia | bas been well said, we are not trying these Italiaas—we | like an obliging end jnst| man, when be @ Ghepeae: aud Jed for the purpose of publishing these abuses. Thi in force in the bet manner every where, between Edward P. | in justidesiion ia his pleadings, but he has not proved it | are tryirg Bennett. Why did Mir Trufli publisa this card? found {be situation in which Fry was placed in, consented way he attewnts to jast Fry director of the ltatian Ofera of the United States of | and cannot prove it Yet weate told Bennett was very | Was it becxuse Mr. Fry hac behaved in auy othor manner | to take the part of Pollione, and perform it on Monday, | up there eritiMama by Nae eee ae ie lati osecated god | fOrbearing, that he meant no barn, that it was only a | towerds her, than avagentleman andas amanof fcoling? | and he did so. Now, um Wednesday evening of the sane that his artiets bad en a é fair cfiticiam, and that no action lies for the publication. | There 1+ nothing to prove it, and they do not introduce a | week, * Lucrezia Porgia,” was wivortised to be perform in good faith:— t there c: 8 wrote in the sa cf military aff in-Chief of the army during the 7 cea. | 18 Sienora Roeina Pico binds herself to Ioud her services in | Mr. Galbraith, oe of the defeudant’s counsel, here | word of evidence in rvlation to it. It Mies Trufi nad been | in which Lenedetti was also to tske a part, and he hai resta «ments concerning Trofi and | the enpacity of prima donna, eepran? and contralto absoluts, | harded Mr. Jordan the article thet he might read it. injured, why did rie not find it out before? Why was got well enough to take his part oa that evening, and ho Se rntrary, it is avid that Tru was | 2 /L theatrical representations that will be orierod by the | $fr. Jordan—I de not propose torcad it. Iwant the Har. | not thiscard published at the timo, instead of weiting | did perform in that opers cn Wednewday, the 25th of No band vnatls toring in "pod thot she was | {zector or his attorney, and executed in the theatres cf the | sry of the 1st December, 1648. Before } proceed however, I | fora month afterwards, and then she discevered after | vember. Iget at the dates, because he ‘says the Frida; also tick in Philsdelpbie oa the 4th of October, and that 1 would eall your attention to an eccuaation made against | she had played for two nights, aud was well receired, that | before—be in boasting now of never having disappointed: he (Fry) knew it at the time and abused her for tha pu wy client in relation to Rossi. It was sometime in Sep | there was an attempt to Lojure her, aud she “felt it her the public before—in that respect he undoubd! tells % temter thet @ concert was announced to come off onthe | duty to make this statement.” Sho thought that | thetruth, He esys—{' Muck haa been said of the disap. | tory. They did not educats position—zo, the God of nature msde th for it, General Brown had E man, but rever bad been tra! had an education as sb and even, to # certain & pose pjuring her; and tast he bad accomplished this | certs, oratorios, musizal festivals, &c., £0, that may he or. Ble its mever been traine by sending a telegraphic despatch to Mr. Srertaan to pub | ¢ered by the director or his attorney, duriog the months of | first of October. Rossi went to Fry, and ssid to him that | rome sinister influence”’ had been at work, and that this | pointments to which the public have beem subject, October, Noveraser and December of the soason of 1515-1549, | he had promired to give him « anlo for the concert. Fry | card was neceseary to restore the contidence of the pub- | consequecce cf the caprice or quarrels of artists heres ‘of a achool in this country, or in avy other cou qwhioh men are trained to he opera ina: ] Mf they bad the requisile taste for mi : mecessary qualifications for business in general, » al, ly in their appearance sand astoc t they are fit for the management of « lish in New York, that Truffi had broken down ia “Nor. + 3 i 7 that cana % to Lorin’ on the first day of October, 1515, aud to continue | ro.)ieq that he had not, aud there was no solo announced | lic, and she did restore that confidence if she bad ever | tofore. It is my pride, that I can truly say, that T have ma,” that he had quarrelled with Trufi and othors, and ‘ day of June 1849, that after they hat performed two nights, one ou the a tee Aes tay, Of ae ocieh Fic ts hewn te spot fifteen | in the programme. Roti insisted that he had promised. | lost it. But rhe went to the opera house. and plzyed in | never diesppointed a New York audience. The announce- firstof November for subecrio: and the other onthe | days before the commencement of the to attend the | Fry insisted that he had not. Bennett got up—I meant | the opera tro vights before the public, previous to the | ment of my name for Monday lascis no exception to this re pecond of November for the pudlis at large, oras Bannett | Yeuearcals that will be ordored, amd do what will be pre- | to'say Rossi, In their plea of justification they say that | publication of this card. There was not the slightest de- | mark, for on the Friday preceding another artist had been, calls them, the aristocracy aud the vulgar, the first outa | Feribed bs the director or his attorney. ‘ Fry assaulted Rossi. However that may be, there wasa | monstration against her, not even a h Why then did | designated by the manager that occasion.” Boridesall tha | for the aristocracy and the recond for ths vulgar, end that | ,,7, 1t Will bo the duty of Rosiua Pico to attend all'rehesr: | misunderstanding about that solo. We have on this | she publish this card? Only to put it before the publ hewas contixed to his bed by a fever, and in order t: s aran opera house, without any regular, or scien! : ‘ aan come mea le | therefore bis remazka upon thesedificultios were fair and | {a/sand representations st, the aupointed hou fubject the evidence of tose himself. He protibly mls: | that Heorett might unre anotber opportunity to ehatge | Bry, might be folly amared of his condition, ho’ yae- wakes a impartial criticiozas upon the repressatations of the opera, | and to gontribute by every means in, her power took what Fry said. Whether Rovai gave the lie cr not | unon Mr. Frv. You will nerceive that in this ear’ ivr | detti) desires that he should rend hi - up to the st @ man in intelisct The second libel charger that Iry had insulted Pico and | cessof the enterprist, Rosina Pico further agress to bind | isa matte, - : 0s Aes CP g pee mr phary - : -, mn eee ee 9 tatemac a SAD er corey pare winrar NOPE, hock re sont awears thst Fry said he | Tiuff does rot ofslai that'Fiy ever Injiret her. She saya | attend him, and who informed kim that he ey een te @ducation, and taere is occasion to make usg f hi from him ; but when through an | that some “sinieter influence’? had been at work, and af. | appear. Now you ree that on tho Friday before, Arnoldi’ regulations of the opera company, her-unto appended, and in a = interprets 5, St0ss-ekamined, be tock that back, | ter she had been on the stage twonightsand wascordial. | had been pnt in his place, because he was too dick to per- rest Vercas. Lae libal rays | Care cf the infraction of aay Ong of thom on her part, to pay my worl for it, you c bused Trufii in the auxke auything of hi | experience shows ft, and so does thy nistory cf betior refuse his ignersnce and folly, and go to 5 i 5 107 ‘ 7 i 1 ‘ : ; : ; Bc and go to | theferfeit therele sTgrked. and Fuld he cid not recollect that F-y bad seid so. But | ly received by the publis, 1h bean gaz owsgeuniy im dn serottion down io fan prsen: | the ink cx Beoaday Seeniva, Thain be alvin rar. | "SVowns Wen ttndsVardt wot to netim tp any patio | Marat, wo vw prevent maid fied fai ao, Bak | received by te publis tattle feeling sgainet her had | form on Monday ‘a Nora "ah saturday moraing Sime. 08 ; , ia except as ordere : zy ‘ Ba eee ay fatbetinuse to 4 Ava soi pasustinrasatne niece ne rey Ti ttge: eel eline th peed they clia: ech otaer with | Fry. t she thought that there been some sinister baie jection to Trnolai performing the part of Pollions, | 0d, a6 you have heard, end-avers to get up em opera. | tion, that he will goon and prove fact ahé Fico. | Henars shat although ane went {9 Pislaieiphia as | (ten bersby se umed by Rosine Lice, tae director vill havo | retzek, avother witness introduced by the e-endant; | no manifestation of ill feling on the part of ihe pavire | actually astigned {cto Arson ee eo ead | reads to perform, be refused to employ her, mort sum. dincen by himself, clear hal: bonott—and | St, til eventa, there was a disco up; | againsther. But this ard was published, not bosause | Dave somebody; they could tot cates debe eso I aro how tho matter stain, In point | srecrent tomy atta ceeeeiee wees SE Te aH | the lity becanoa, or charee) Cr ate eae maroncL eave | the had been badly treated by Fry or any body else, but | was necessary to dayimhienule cade. papery © tania, ment monthly, , till first of July, 1819, charge of mere ollection order to justif } i Ma e m the 2th of Septomber he promised Koad that | prevised at if rehewed for threa = ontha or mor’ tue dir unintentioral misrepresentation would mot be sutfeient | (Here, at fifteen isutin bates. ae comes ie Bie cera Picricerg agen a= oie ortiot tua | Ontobees aed atvecman GbeGa ent ne inte ie Hy seccrd ber g sccond half Ueneit at s period to be cho- | to eanse him to strike at so inrge # man as Rosi. | took grecessof fifteen minutes ‘The counsel for plain, | what a contemptitle sakes Matt to show you thee nd it la aloo eliarged that Ms atsed Flee’ ie ecte the every fortright alwsys xt re fulatmment or duty. | MF Fry ioe fentleman of thore feelings, and that dlapo | tll re-commrnced at tno o'clock.] ‘There i intrinele evi. | wards resorted to in. scser tovnnte RA te i ‘ vi ber coniract; aad Trufi ajao, for ihe same | 51! cases of fire, war, public e: amity, aise tenon ot the were the size of Goliah. One gentieman Mere habae tine sarap eiperr tlre oe SrGen 6 |i ay ee orurenrs Gas Wedaendey Srening, during. the ¢ in this condaet gin. porpese. The libel slso saya thst the charge agains: o. of Jarge repairs avd refttinge cf tbe theatre, of sus: | Jie frcm another unless ‘he atrikes him, Giving Se Per piae Eee ie Pirwgns in his interest, | performance of *Imoresia Borgia,” Fry _ called Regt inued—Taere ia nobody in this city but | Jrvili, which he telegraphed from Philadelphia to Nev | revtion :f theatrical representations, orders of the logal We is an invitation to you to trike, and it Sea form the ikllous Btn on the eee eee te | pon, Benedetti in his dressing room, and informed hiss | what knows Sennett, ror snybody else that soes him but | Yorr. wa net her skil and abihty as a singer, asd | theritics. of sickness of theraid Rosina Pico for any longer | strike, you are justly regarded as a coward. ool thir soutauee arg nnas this { pelts idcase i tha Frit ee iar fol t him to perform “Norma,” on the | . evidence in the lay evening ing. Benedetti said—'‘No, have will know him if they sse him agria. His ne«spa was nt adequate to the performance of Norma. That is | [tried tham one week. It must also be excepted in favor of Semone c oe, * 4 Sealy falas - od the director, every and what ni that Fry said, ‘Ill struck, (meaning I'll strike 9? tic! siroulaica al over the world, acocrcing to his owa state. | entirely fase, as we ekall show you hereafter, He made | qitscricertatier ats nersltee Getiet Renee Pest At | Itia to.be presumed, therefous, if Fist understood Ral an | the petiereses sone aoe eee, Beene ene ee Eeting hee TiEeG ce Seer a ee would Bot be ! ment, in Europe, at least, if not in Asis and Africa and | Bo fuch charge. They say, again, that the plaintiff, i hich tence i P in | which 6i pensation will b Paid ia propor- rite him the lie plump, that small as he was before that | trouble in the green room, excitement among the | the mortification.” This was his pre of having it , That was the testimony of Ma- | influence st work. She hadnot been hissed—there was ' ‘defendant ix hers, wielding a newspaper th of its circulation of £5,000, income of $ , st the time the libel wae made, Lowsver, I belisre i pot got ‘up to exceed $100,000 Who waa Feanett? Why, , as notorivus aa this City Hall. (Leughver outsiae he bar ) J oe The (éurt—There must bean end to this most unbdecoming ima court of justice, and | him. A amust not be indulged i 2 offices will Te: any | to break “ab the islauds of +) He is ‘the Napoicon of | the distribution of bis free tickets of admission, gave the | tion of the reps feetuall; fhe press,” wo, uo faz from having the title given vim | freference to his own journals, uating abot a oren of | 6 the tiavslie expenses t Signata fico and her ther, | have fone Tin he id give ultra Ter bur he aes eee | eee shea e Tee nceeat penned that article aust | taken aay from Arnold, “The answer to Banedett wan, Ty nickbame, gave it to bimsel¢ by Way of distinction them On that subject, if he meant the Hraarp, he was | [rem one city to another, will beat the charge ef the di- | strike bim say that he came with his clenched nights ct pecdrw anaarats tare aa hee, peseeatre ry see Cid Boll x place—you } from smail fry, # er and t " } ; ; ry, puch as the Cwvrizr and | rightin excluding For certain reasons, Mr. Fry did In confirmation of, and for exact execution of the present | fst. That is not sworn to. There the matter ended. | but he makes a card whieh referred to eerie ta not brotght he norms beg enemy) ° for taking th: 5 ‘Was there any ill-will treasured up in consequence? Not | taken place two months before the foundation for his | insist that you shall perform on Teter ent "Sinea it Bagere, mnmyloanian. Tritune North American, Tims, | ot out Me. Bennett and ths employes of the Hrraivon | contract, # ted parties affix their names, and ple ’ ! 1 those j@ triflin ta Mish + have | his ff G j ! $3 g estaMiohments that har ree list, but only the pet journals who abused | their respective perso: 4 fortunes for fait! atall. It was only a sudcen oatburst of pa ; : ree lst, but only t journals who ab i wion at most. | charge; that ‘ Wrists aa oe te ee bende bora a gneve real 2 lode net Witness eva, ROSINA PICO, Baxt day sll wad colts aad aviek. “Hotel perftersed ins the’| -Th-wea tiles Sad the ananin ce eae ete ron ot Feet to declone tees pee tie learned eocasel on the other aie sayn, has raised the | the Courier ant Enquirer, th New York Mirror, tne Kepras, |. O- EDWARD. FRY. | concert all through. There waa no further difficalty be- | him who penned the article. Teun ace no other ovjace | sing with her, Awd neg Tell fall oe cettt ojested to SNe lansnal cocusel wittfuciing. “Witbacthine | | joariais which ebieed, Sram t it appears were the pe ‘ow, continued Mr. Jordan, where was the impropriety | tween him and Fry. Did Fry exbibit any bad temper? | for it than to attack Mr. Fry. If to avenge cae, Say bore was placed there. Benedettl ta ip enn, gee STE We learned counsel with nothing. “With nothing.” | Joarcals whish abused Trufl im the grosseat terms, by | in wbat Mr. Fry did to Poo.” Mr. Maretzak tells you, | Marctoek swears he. never sow him ont of temper but | did he lay tho veene lero of the troubles tist reve gotey, | Trl, his tie sweetheart soos oiens Foauamiad that | wearer of honorable usefulners. There I cannot’ back | written Oy Devers ir, Sharia tas anion Gat "y She then raeed objections; and sid ite could ¢ a bisected ith Row and that was on the tro occasions | to prevent theestablizhment of the opera in New fot has since been married toad be excused rom pari a Bhim up. Everybody knows what the history of | others, fourded upon’ a telegraphic despatch, that Me, | bim ae much aa becould her that she spoke for the other. | caem croc, With Rose! and Benedetti. Now, dealing with | Why did he not ray that the trouble oricinated two | ing the srcuous part of “Norma” ia Ne York’ though | Rial pane ler cad Shae ie bee toe Se ELS” | Seite unt oie PMT eee ee er, @ spoke for the other | such a company as that, and these artists being high | months before in Philadelphia, It lis abject it she bad perfornyd i Sa hoe y Pb : jg that Trufii | Italiane, and that she had a means of redress. Red rf Madam seem: : fousto.thineteee y tender comsiocnti enh ia Horember..§ sande umia\aatnie. In thw "eat pect “ot | iudtvken dorm n ‘More they suy that the ita | for wnait "Way be hed theriphs forte voy ave aes | Ieee asae bh’ fac wast Fea ett ee | Here LoMmtlcate Trl te would hare deo. Tinea | Me, Hy, ender comiortion moved by the impulses |, and the comments, you ‘offi thould ‘ot be called upon to perforn. ‘Nera he ostabiishmert of the paper, he employed some of the | of November the plaintitf, Mr. Fry, and Strakoseh, toge | of the contract bound her to obsy his ordera, to take the | tifarious and conflicting interests, he was a very fortunate tat and if you read this eard, in opera or concert, in any part of | man indeed, that he never shored bad temper but twice. | cannot fail to sce that the de'ermivation was to get up | sndsbe was not, during the whole of that season, most talented blackguards that this or any other country | ther with severa) others, met at the Opera House, in or- | part assigned to her, You had redress— | So Maretzed rs; and who swears to the contrary? | matter to slander Fry—in short, that the person wio | New Ycrk. Maretzek swears to {t, and if there is aay gould produce; and, among others, I recollect one by the | cer to coucert measuses to punish Benedetti, aad to ynited St i ‘ 7 . 2 , get | the United States. Indeed, Madam : game of Bill Atree, of famous wit and of good inteatioas, | the audience to hiss him; and that he packed the house | who told you that? Did the ans, Bene'ettiand | Now that the Pico matter is disposed of, we proceed to | wrote the article wae thirsting for matter upon which to | doubtof the fact, though even at the er, of iladelphia. She | attack him. Where did Bennett get hia information that | Juabdle time, I would turn to the tes yay antiseot its | } A good heartoc fellow was Bill Atree; but he was a most | With Jon‘ers for that purpose. T. xt occaston was, | Troffi, and Resi? 1 : i : F 5 will say Benedetti, and not Trnfi, for | the osse of Truffi. Truffi went to Phi aa! ee ame well ni gh ee eas December, w vind plsinti@ gave away Beivas the leader of that g Who told you, yon had | showed no disposition to oblige, if not to embarrass. La | the source of all this trouble was the “veritable Fry?’ | Here, then, we have Arnolc part forone of his bisckguard publications in the H. herman, Maretesk. Us m ots, s 3 ing them through ress, Or to er barrase Mr. because he ordered you | Fata swears that the company were warned that they | Had be seen apy newspaper ioformation ‘o that fect lione'becaus Bened ried Pirie bola ti Sherman, Maretzek, La Fata and Forbes, wuo it is alleged | todo what he bad contracted with you to de? Was it | should be obliged to go to Philadelphis, Tne day after | No. If euch had been the case wofshould bear erie temporary rubrtitute. Avnolti huow thet and wes wet was Ba Bewspaper. You all, no daubt, reeoliect that. But poor | were in the en ploy of Fry; thet ke cave away these three | Becedetti? Where ¢id he i . q hat. But j ee 5 I get it? Was it from | the concert out of a troupeof tuo hundred, every soul . BI, St the sera time, wae a man of good in'sations: ho | Lundred tickets for the puzpose of secariag an aadience, | Bennett? Why sould he have told you so? For the | on except Trug and Beuedsttl. They were ready for re: | we theult tare bad it te hey gt foul Besoett | We was informed toat be would Sera tet te erent Hesoett and the Hireatt, aod be wat bounito do the | ‘hey ea), thirdly, that Fry presented himself te the on: | prodaced her have dee itm to ae eee ah | Rinae Ae Dosen h cea eas, “Gy gneeday, migRt, | come out Boldly and charge Bry with’ origisetiog ins | OB Friday evening; then hn cbjocted fost thor so bs work of bis mas i ty ” ’ jen . 4 ] edetti not go. iy cau troub) ot it i * A FOF Biemaster whieh bis easter bad employed nia | dlence with the apperrasce cf an ape, with his kaoes | Bot go—because she wav eick | Well, gentlemen, {doe't | had not time to pack thelr trunis.” Wuat had they | £0, they would vate proved ie hese in eVidenee Tey: | nous of Ma batinemy that Pe gr wee aa bees tae pg tT rg eed iret Zunder kim. The fourth Mbel says that he was » | wapt to comment upon ber testimony’; she sears she Fick? Ia Fata took chargo of all the wardrove and | was nothing to irduce him to make this statemont exeare | tween. Arnoldi and ifry theinsolves, thie Coie be: time. Although lo: a . e , % a a 5 ice a week before tha! a i ‘ Pree cy! ea ee eae called the dofea | what unre they proved? | Taey hava mot proved | other physician and that was enough for her, ani she did | must go on next mornicg after tho concert, ‘Now, is it | this card in order toenees oul toed determination Tone Rance rie a rater eomney, Sor: to | SRR OS comma ec eee ae LO not | Sey nto Ot ee iptee kmndred texets, they have |: Det go; ” Well: gentlonién, who was, this Dy. ‘Trndesn she true that they showed incieposition to obligs and to fal: | was.no toubie between Me Fey tae Mee eee eaeke | aad the other’ eee tare HQ icine nothing, which he is so well known; but perhaps it woul not |.and. Aney.: May “Sas these poets here, ted: |: digh shove) is he? He isa New York physician; why | fil their contract up to the letter and spirit, koowing that | intercourse in Philade!phia was pleasant ane court our, | Melng Madame Laborde, & French artt ara, the alse Th es se i naa at prt soul not | ard) toer tay, iat thera, points, hare, bees | Sida he appear here and/evaue ibe wan sii? ft Who | te play vas to come all on Weluencay, and that® ty | fhe reterse here ard pliveds and waa well’ roserecr: | TOHl, whcm Be thouget surpamed sotie waters ie minting the carcer of the paper; I will mot attack Me. | thove charges sgairst biz in the litels, but follow him up | told Dr. Forbes, who ihad a conversation with feadeau, in | Wendt true that hey fy reptiltie bo peak thie teal ement of Bennett's that there had been trouble | [Norma.” This, was the sitvation cf things on thia | Benacit, but I will exercise the right of a critic. I will | tv this court, ad charge upoa bim still ihe ame things, | which Truceau told him that am Itallan eould be ick at | Neither of them makes the excur that Trufi was slok, , ; d eon rorm was entir ly fulee—there was not and | Wednesday evening. Benedetti peremptorily refased ‘ad not been a particle of trouble in the green | sing on Friday evening in “Norma, and he r on the ‘take his paper, an f I were at the liverty of taking up | and #sy they have proved them to be true. They sn} any time. how ‘the fles “4 Rp = = a : . . but simply that they had not time to inks, . EB i chow you sun of The mee aaeneh SObeieg ak | Ruben her Seen sas lao roma and | ut, snefnd—It the Cour lees {vl aot alow im | That lruzat both avec, ne a | andearar to bow opthe operkasketie Mr aaatiae ie: | by and bge diem te evieenees 00d thoagirhe Sat ot Basphemour productions that ever came from the hends | lists, who were euptcted tobe added, ‘They van | Orurh 'y which has been excluded. The Supreme Here Mr. Jorcan sat down, apparently excited, and | rensions among its patrons He alluaes in the article to | have mate use of the expre'sion that Madame Leborae : e Jready rvled that this is an incorrect course. | said—This is i Blaspbemour producticns thst ever came : 18, who : \ urse, | ai is mest abor inable, (looking significantly to- | the extra nigh “ E Bove there are meu coaveciea “ony, times for 1 be. | frequently gare exzeneive, chas:pagne'and hock suppers | says he would have ssid, not what he did say—we object | ecmment on what Tsay as {goon Imay as well stop. | malice in this? Mr. Fry had em toyed” an. 0 hewspapers bad ridiculed her, and he sweats, himself, gagard for reputation: andl apes partioularly in reier, | also ver tbat th 9 cf She sauses 0 failure. They ay statement. Court—There must be no interruptions. company of extraordinary numerical foree. Ta is that Bennett ridiedled her crsielly; he ewours to e ence to the Messrs, Hudsom who were up hera the oth te KOON AGTs anh teianee eer entions were publishet ir, Jordan—I bave not said any such thing. Mr. Sandord--If the gentleman refers to me, I can | one of the ccmplaintn against him by Benedetti; | abd yet he pretends also to nwoar that Ty lies Whee a day. What families have deon driven to destruction. have air colt 2 thout suy ill will toward Me Fry. I Mr. Sandford—The point to which I arise ig: that itis s | only ray that { nerely spose to my collesgue here in s | in fact, it is the only reason alleged by Bene Neti against | told the autience, that he (Benedetti )1 aid'thee i aint, families have, been driven to destraction— | have now called your attention to most of ‘the Uae settled principle of the administratioa of justice, that | whisper which could not be hoard, and I was ny: refor- | Fry, to prove that he was not fis to wanaga oa Talia | Madame Laborde “sang rid; {i muy Atom what con A nortan te gala ao—e = econ rg t balls. zoey allege that Fry bad am | whero<vidence is offered and is exeladed by ths Court, it | ring to what counsel was saying at all I merely arked | opera company. Benedetti says that Cue insea Fry wi ‘ven to necensit * th re Wa } iva erties meat Sesolat pte bape td brivate happine Wrarrantably, rajuatly Baa eg " ly taken itm _ go ® proper eubject of comment in summing up the igs yneet- cles bey me aoe ik i amounted to three thoveaud dollars per mont more | Cut for Fri¢ay eveni ete biew vine the pabla ‘would priva: ; ction 5 sof | wet, t ogee E . Jorden—I know the game tha! in, ed. | than wa: _ . Fry 2 f h y sened r, called the New York HAxratp? G let ne go back al se is frag dir. Joréan—If the gentleman ean gain soythieg by | It will not cisconcer: me, tug T don't know thatthe any come Dues toemabiah tis som ta eee Vives aaaien Wee Hee be tae etch a seueasil ‘provided only ask you to tex your recoliestion, I have nothing | meptary and lie ren all en“eavor to con. | there interruptions i ren ak yee : estes ' all en“ earor to co ptions it will only be by discoecerting ma. “I | care about it either Counsel then cited the testiciony | knew very well that he must get apd he cid direct, f eqn ulation; ft naturelly would. "It wan probeviy the Seciga | rotter wag a or ried Mains he | ge creess Sint Toa aereyPear fo,an4 so; | ot sete and aa to bin that aut avin Une f | ruray nen to” mbeeie, Hanae they weal paeniee | with Heneestil, and oxpovtulated nestert ie pinta Due togevap suck a thing’ 24 the Hees aot se |-twve Seakceih {woul provea con: | told tim that the Court would ast have allowed it, That | thete posts Ee then procescel:—At the espenve of get | tat they aided Ia entation Cee ores wee ehee | SurRectbe, len mete ey Pe oceAd Bue, inte that naa : aided in establicLing th i strait—the Itai : jered as broke {nl there inabout it, T did otler to prove #0 anil to, | tedicnsness and cullucra I hare entered inc ately {ato thia | thovght w letwer and more MAROSaNt MERUneIOEEE Tie the’ [Uke MAA Nidtes oe Wee dlls tee a Ss oreeraiad me. But, Task, why is not Dr. | matter, in order that neither the counsel at the otaer side, | putle than the regular theatres or other exhiditions, | tion of the artiets, for fore & a ds fea ang {tis for the rame reason that | nor myself, nor any other counsel, may ever have any | Uhis si becription list contsined about three and tty | OF Mr. Fry must ineiat upon } }ety(aeaping defendant's counsel) odjected to prova by | more, to say atont ft. I have proved that TraM ant | names (Eero the counsel was corrosted by junist coau- | Woule not ving whieu {nsiatnd on tedo no, then Fey should pA ME Eo eorlas hase that occasion. Where ts | Renedetti got a week's notice, Both say that they had | -el vor plaintiff] I should ray two hhundrad tod fifty, | Mabe some explication to the pablic, #0 that the padlia ¢ doiti had ne wae. Gis wa ke {1 * Viettl, who, it seams, | rot time to pack their trunks. All the rest of the actors | snd on the segolar nights they had their choice of seats, | fbould not visit their fac ignatioa on him, ‘Thea Mr, Fr; ; Jove for the devil myreif: yot if I wore toll ha was shut | ciated the wardrobe of the opera ke neh Ga Bo A ner? Why wns he mot elie! | had tim 8 it not Icok like concert betweon them, and | There were, of course, tre best con's, and the puulic had | Vent in frost of the curtain aod snya—"'Ladjer aud yeu. | in the adjoining room, “ac “ ebanrd {tof him me of 85 x ty 2 ag - use, next to hee physic'an, he woul! | Piec, erpecislly when we find her raying that abe had as | #li the rest of the nize hurdred or a thousand seats to | tleren, Lam rorry to be ot to ini rm you teat l have i She gayrnens of monica IM Pees RR CR maga ‘hat | be the first perron to know whether abe as sick. | good aright toembarrass Fry ss¥ry had toembarcass her, | chose from. Of course there was good reason for all | just seen Signor Leno ett, in die dressing Foom, and that See bin Or ce atuniesiom fee I thio If I gould get s| Mr. Fry, after the purchase, leat Eis the wardrobe) to are ston the bare unscrroborated taxtimony of | They liad positive orders a ,wel . They got to | thin. Ou the alternate nights all the seats were thrown | Here’ es te s'ng in “Nociaa’? on Friday night aad he at Smet cg bmn 2 pening eve er shes ob ays, I would go | asf Berformanee ia 2oston tor his onn bene Wa Madeaue Fico, who made up ber mind that she hed as | Phd acelphia in the afternooa train of Tussday too late | cyen, and Me. Fry had intended to give operatic per. | tI80# a4 s r¢uson, that Madame Laborde ls net « tit artist io - ty is e ot th videnee th . _ te ‘ba «mbs i azer ashe had to ei. | for rehearsal hursday night the opera of ** Norma’? | form ances rix nights i ° t Now. @few years past. The public indigantion, as you well | forthe remainder. Iedmit’ that Me 7 F born, | SINR WODOE fhe $e aless 4 eve it to be true; | racter of Norma. She stops—says she is nick, and who | night. You know very well, gentlemen, that if you do | in his letter, and byand bye I will read you that; aad eerie pasiscay cr tee aoe ce eee | i ee ee ct oe y st a bj your consideration. Nom what is the | ever said she was not siek? They say that Fry caused | a large business with a very small profit you will ba sure | then he gives another version of it ia hia testimony, sad Feoollect i came 80 » but jastrious, renpectable, and lit- | testimony on the other hand? The testimony of Dr. | her to te tradaced on the ground that she was not sick. | to make money, and if Mr. Fi f F 4 n 7 yu by the cures the paper ras taiog, thet {aren | razy family” Ho had teen indas'rious oad earful, ani | Ferber, cho ban, been ineeringlyailod tho ‘medisai | This i fay, thera sno evidence of it, °C la a black, | moderate oc tn, Soul nike, tha poses ee a AE | Ewtate 05 stb GRCES RUE CUI tad Eo Eaton weort of a thing Now, do I oversol o> | ootking to waetin ERkSGe When’ he sh thé wact Bennett's libele that Has tbe ve, Hom one of | malignant, malicious lie—a Hrratp lie, Then they But in order to guard against the bad | Swears that this letter ia true, yet th tare? Recollest, @ public newspaper or a bo robs to Fry, reserved the right, if Mc. Fry failed t Pencett'a lbals that has pot deem introduced bere. Dr. | uiterapt to crawl off by wxying thet Fry nnnoanced that | effect which might arise from the caprice or the sickness | matter entirely diferent from Giiter of the cng tad the water of the cthés ore euijons | Hite foc io mont eet ay Bn 0 pay bts) ae) of the impresario’s arm-,” | ele ‘broke down,” and that for want of professional | of ary of the artists, he thought it necessary to have | ter to Benedetti bi $0 oriticirn: Aad Anotie atari onthe ota are subject | Bia for st io take |t back agaid for $1,000. Ila wis to | bas been tworn, and therebae beena racer at him waich, | ability, That wad also a malignant Ho—putting Ne. Fry | a greater numerical force than {s- usual in opera | _ On Wednorday aventng, Mr. Hetritigim and ridlecles-sevore censure ned ridisuls, «> | make $1,000 if Me. Fey failod, In thet’ avant, te. Bave- | iteeemed, the sentleman rapposed at the ume was in an attitude of diseourtesy towards a young lrdy whom | comsanies, He, therefore, secure, thy Vicon | for the ny evening, Mr. Fry came te my dreseteg room p dook carned. And n> for bimseit, Whether thei were his | ficient to ennibilate him, is a gentlemen of respretablity | he erteemed has th p ; . Mier athe: | tee gpeea ot Ror PO ea ely Ba poor anni PaTG othe Pook Is cosceraed. And now I | Getit might set np for bis Where is , is 8 ge of respreta bli esteemed as much as the rest of his company, or any | of ail this large ccrps of performers, in oder th: the opera o ted i 1 ; collections back, f ; TL me tate the fact | —a gentieman, and » well-educated phyrician—a mild, | other ertint th: to th i ia Nov bak che tiga dng Bin reqeene Tisha fo say whether or not I have overdrawn the picture, | that he bad ay Ceusese a ar fies t in Fry’ entlemanl phyrician—a mild, | other artist that came to the country. They ray ho tole- | might give one night for the subscribers and ono night of the oporm ormmitter, After hearing his request, [ told Wolk” there is acutet Lentne overdrawn the lature, | that he had one thousaed dollars intarest in Fry's | & iy mam, posweaning more cour sy and saavity | graphed that she broke down in “Norma.” Thay shy | for the public. Now, gentlemen, + that Bai pim that it wou'd not bo right for me to take » part whiot : ‘ & fact not to be donied, | of manzers than fails tothe lot of many of us. Ho wai | that he sent a telegraphi to th . y : PPT oald anptiing | itd Been assigned to Sig. Aracidi Scempeper joel bee To eee ee inst tet | Eallure. That Is 8 fet motto, be dented. | of maniers dias fails to the lot af saan of us s sent a telegraphic message to that effect to cher | could bresk up thefe extra nights Would anything i ! : ime etitielsiog the newspaper, and not Me. Bennctt, | thors was any Ul-wil, between Fey “aad Bennett, | a0 with tis entire oracne, ofell the'esepang: Bee, | eae nacht te Published st in the newapspers., Ser. | mere, be necearary to earry out bis threat to “finish | ich tsa incr who wav, words cated ee eet mae Seat nevepapes bes conceal sen Me Saanett. | ther’ was soy, il-will between | Fry ‘ead Bana 3 consent of ail the company. Bens: | mau'did not, There was no sush thing published in the | Fry,” who had got sll tis large company, cad mnet | fick; tom man who was mevor cesigned to 6ll that place, r aa rs oF fo , nd told him he thooght they | detti, when he was sick, rent for him Now ho comas | papers, or, if there wae, t was done without the codcur | keep th pany, and mast | ard ‘Benedetti knew it— arate, = Seecager Wee is teeth sristoorasy,”” the | had beiter be geod friends, wod that Mr. Fry hud barter | focwird here to teatity./an¢ vlan there is really svuao | rence of Fry oF his agents ft ls one of Deanett'a lies, | He saust make the Tecpte te igh” ahem Becaus to do 49 would be a violation of th pop my og RT Tied sepky Ms Paper, and advtriive im is, He propoved aleo | transforming imagical infussce in the peakiat Of | Nosuch thing ever was thought of, Hesiinply announced | them-—think that there is a class of penions who go to | Yitich custom had preserited Leto an AttisCa i the dtalion, Aiiger Tomy flee A sad hol f i Mr. tunity , ¢ , , lemaa—- | the fa Mr. sherman that Trafi broke down | the opera and eat themselves up aa the aristocracy. theatre. Mr, Fry ineieted upon my doing ao, however, upom Sebts--Lank--OhURE: Bavl Yeen taste the wcee ht Foal monk, Fr van ho had oh, however | a gent man and as senolar—into an ignorart vagadon1 | This wae a matter of public notoriety. Why sho broke | might be aue, then, thet the Teople ‘would not ¢a¢0 F 4 ore nally seleeted for the op Ses Gee Tne | TaD and tld Mr. Fry what ho had eld fo Baouott, | tue hier, then he stonde befese you as, a eceditable wit. | down he Gid not ay. He did not nay whether it was that | «pers, “Wiiy you, and f, aed others of the mide clus, ir putiate the opera: walil V shed sept ae tata, ther t Mr yf r@ nuthte o with bim— | nese, inn pu to the contrary not- | she was sick, or abo bad not en opportanity of re | weuld fe 0 ra i % rant hes been ever blowing up the flames of pre). I won't gob peat’ with him on the | withetonding. What doenhe swear? Now, lel should | hearsing. There ts no. evidence that he sosused her of | there naa tenes about Suneateetc can eumibie tee Fector, Marciesi had erotica eget eee a rst, in order to ob’ain a circalarioa; because there lacs in the community, I regret to say, eho like to & ‘what i7 s Jiltle smutty, or om the blackguard order, bbe well done, and it was well dons ia that paper. fact that there is a species of curiosity in ust Ws to derire to read or see what our good ‘Would conéemn. I can #: hat ugh I have not these ertirts were in their service, Now, let us see what was sp'racy againet Mr. Fry. ¢ diseentions er ineubordina- xplained reason or other, f rights,’ And if Benedetti j d that 1 had boon origina! irday last te Sgninet there. classes, I leave you to avewor: but that it | sutject.” Now, wn, Tam ating fee's, you | be subject to interruption again. { will take u i j a~ " at it Tan stat gee i pthe testi | acything unjuct. What does ane say in ber oard? sha| the tulgar.” Th | know iL had roy objocticn to . han been oontinvally apearing everytiing that conow as | will consider this ay tho story of tae gage thas far. | mory rst apd read hla evidence to you, and that per. | an good as nays, nerselt, that whe broke dows, Itisa | ancit it i evidence here hoe ela wae tee cece as | Hose to Avie ted upon int cming hia iat vas Yet Tahould denominate reupectad’e wociety no on can | Mr, Strakosch then went tack to Becastt aad told bim | hops, afer all a an good. (Horo Mz. jordan read tha: | bind of fowning card, euch aa I tako it artists are in tho | exira nights wero clscoutinned after they had bean given | Qty WilBh, be acsuted me that euch would be tho areango- ‘ oy i , int he did at first was v ani without | pert cf Dr. Forbes’s testimony which related the conver- | habit of publishing, to keep up the good will of New York | tvocr tbreo times, becaure they were wet naficiontiy per [en than iam, I do not envy them for being #0, it ist ir | aothority from Me Fry, pea that fortune. When tliey want to employ my servic’, | be refuwd tavee OTe Wel ld Me Fry | sation between him and P00, which las been alrealy | wuci-noes, It is couched in proper janguage, She knsw | trontzed to. pa And then he sa; . d ° d a thi 5 7 ~bed with the other evidenoe in the cave.) Ha then | well how to write it; she saya: On the ensuing day I | cireet intention to oaery ext the ating Sproat, not Juego, then, of m: tprise, I oxclsimed, to learn, as T soon pay me theic money; if I had merchandi @ to ret, « fin’ “Ob ay, “Ha ata tt very follows :—Now, gent omen, i iets ont? ata B a . you must take | rehesrsed the greater part of ‘Norms’ in a damp] “tinth Fry soon.” ome! id, fore my permission was solicited, the role pag 5 Ai etary tere ry ig Ha engl with anietly forcbt he di 38 a the “tresses and carefully weigh their vestizony. | rom, with ahigh fwrer one, Bat Timade the effort.” | Yico. wbion Lquote trom the same’ atticle of Nor, vo | 24d heen ategned to Ghat fentieman. the raheseuals ordarod articles eesmany for the at ho begets iby! . “ ignity to be quiet if | Beth cannot be true. It is the dnty of the jary to rs | She cla nov do ro, for taix was on Wedosaday, and it wae | ‘It appears to be a part of his (Fry's) eyster ot Tedepes- | ¥, Khim, and thatin the tae of all 0 bills of the Mon seoewary for the euitesange of thote femiton itd tere hae mmidem been an iatanos ot a | cen ils the testiqony, ifthere bi any groacd oa hich {: | not on Wedneruay bu: oa Thureday the appesret “It | cent newspaper eritieiem—bie tactias—his energy—his | ter, welch find Ween xpreilyanked hdaguishe base gustom; they treat’ me kindy and honerably. Ani, oo | he bad made up his mine ty da mischief, Tharilly kuow | peney to mistake, it ia your duty to dono, Bu-taers | aod my mervourress nuguentes wry ma'adys? ia other | Kiecrticn to eee cer tl, talent 9a a manager haley Aloe oe nS. \ ct a 0 d 7 | and my mervonsress augmented my ma'ady;” ia other | his eriti tt all oncasions when I choose to meet tuem in tovisty, | of oa instenss frou the hour that Satan entered Paradise | reema to tens mistake have. Either one or the other of | woree, bashfulue S or tresitation rerenaie her, such gan th (rycen wpowl scaine Pleo, He aeetid himanie views atte ‘bi, alle food tll bled to tate the part to long #8 I behaves myself with propristy, cown to the present treat me with all the due conmideratim they pry ent, but what the cerpest | the witness inadt hawe spoken what ie not true, in other bn ; " : & I have cfteu felt when was a young maa my kneos | in her care of a happy indiepoaition—a fortuaats rie k bean howiity to them. © But cootiaually, perpetually, Yougrie, W20 i ispuidlve and hanty, who hate forgotten. Mf souare inclived to atrnbute the dis | by the Haain, This ves the care "With, Youll, | the igvorsee ome Mock Inet neve coor eB pe i ele Re ha bes te pope been elampoonin gant eeplenien | Gcmucanin auees man ve Beard ee cant or, tn | rhe aia not feel, ell; her nervousness aaded to her ¢n- | nly cxrryiog out the sarme game with SeGlyavd the crore | Mariteak esfisgu hina toknow if slawiliing it choekd bere undat 4 , WhO, walty thet , -arcasucent, ee Aas Stok, ads oO Le'gained Seal the Bele Woden ale Jed Leadon oi tlds Soules he. A Usb bt juelabable prcleues in " . wei Wes BevOx Jor ale Dy any part that had bee d