The Mapleson Memoirs, 1848-1888, vol IMapleson, James Henry
History
The Mapleson Memoirs, 1848-1888, vol I
Mapleson, James Henry
Opera -- England -- London; Opera -- United States
Application was made before Vice-Chancellor Wood, and the most eminent
counsel were engaged on both sides. Mr. Gye retained Rolt, Giffard,
Martindale, etc., whilst Mr. E. T. Smith was represented by Sir Hugh
Cairns, Hawkins, Swanstone, Serjeant Ballantine, Cottrell, Daniel, &c.
The case was heard on the 11th and 12th May, 1859, when an injunction
was granted. At this I felt somewhat astonished, inasmuch as Graziani's
engagement had never been renewed by Mr. Gye, although in a period of
more than eight months the eminent baritone had made more than a dozen
applications for a renewal; neither had his salary been paid him.
I have repeatedly failed to obtain injunctions against my singers, both
here and in America, though the engagements which they had broken were
in every respect perfectly in order. I recollect a case in which one of
my principal singers was announced to appear at the Crystal Palace in a
concert, notwithstanding a written engagement whereby he contracted that
I should have his exclusive services, and that he would sing nowhere
without my written consent. No salary was owing to him, and I felt
perfectly sure of obtaining an injunction, for which I duly applied, in
order to restrain him from committing the contemplated breach of
engagement.
A formal injunction was, in fact, granted; but the case was immediately
afterwards brought before the Lords Justices for a full hearing. As I
was very much occupied at the theatre with rehearsals, and felt sure the
injunction would be confirmed, and, moreover, that the case would occupy
but a few minutes, I did not attend; but at the end of my day's labours,
feeling a little curious, I called on my solicitor on my way home, when
I was informed by his clerk that he was still in Court and that my case
was not concluded. I went there. Sure enough, there were the counsel
still arguing. Two attendants were busily employed handing in law-books
every minute or two, with pieces of paper between the leaves indicating
pages for reference. The counsel on the other side was forcibly
explaining the case by supposing a similar one between a vendor and a
purchaser of sacks of flour. I could not believe that it was my case
they were proceeding with.
Later on "---- _v._----, page----," was quoted, and now sacks of corn
and of linseed were brought in. The candles of the Court were burnt low
down in the sockets, and the three Lords Justices were evidently very
tired, when one of them spoke thus--
"I cannot conceive how Mr. Mapleson could expect to retain the exclusive
services of any vocalist. In my opinion, sweet musical sounds should be
for the benefit of everybody, and Mr. Mapleson might just as well apply
for an injunction to restrain the birds from singing on the trees."
The other Justices concurred in the view that a singer must be free to
sing where he liked.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account