"That on the 10th of April last the said Luigi Ravelli was duly called to rehearsal, and to sing certain music selected by himself, and which he had requested this defendant to insert in the Concert programme for April 11th, but refused to rehearse or sing at said concert although this defendant had caused to be prepared said music and the band parts thereof to be written out, and arranged to suit the pleasure and caprice of said plaintiff. "That said Ravelli not only refused to sing, but then and there declared he would sing no longer for this defendant, and falsely and maliciously inserted advertisements and notices in certain of the public newspapers of San Francisco, which notices and publications were greatly to the injury of this defendant. "That all of which doings of said plaintiff were in breach of his contract with this defendant, and greatly to this defendant's damage, and to his damage in the sum of five thousand dollars. "And this defendant further says that he has repeatedly condoned the violations by said plaintiff of said contract with this defendant and his violence and brutality towards persons of the Company other than this defendant in the hope that he will ultimately come to his senses, and behave himself as he should; but that all this defendant's forbearance towards him has been of no effect, and has led only to repeated and further violations of his contract. "Wherefore this defendant alleges that all and singular the said acts and doings of said Ravelli have constituted, and are so many breaches of his said contract with this defendant and that the same have been to the damage of this defendant over and above the amount of salary to which the said Ravelli would have been entitled had he properly conducted himself in the respects aforesaid, the full sum of five thousand dollars. "Wherefore the defendant demands that the said complaint be dismissed, and that he may have and recover of the plaintiff as damages for the breach of his said contract with this defendant the sum of five thousand dollars, together with the costs of the action and disbursements incurred in defending this action. "W. H. L. BARNES, "Attorney for Defendant." "_State of California, City and County of San Francisco_. "J. H. MAPLESON being duly sworn deposes and says that he is the defendant in the above entitled action, that he has read the foregoing answer and cross-complaint and knows the contents thereof; that the same is true of his own knowledge except as to those matters which are therein stated on his own information and belief and that as to those matters that he believes it to be true. "J. H. MAPLESON. "Subscribed and sworn to before me this 16th day of April A.D. 1886. [Illustration: SEAL.] "GEO. F. KNOX, "Notary Public."