INJUNCTION AGAINST THE BIRDS ON THE TREES--DRURY LANE SEASON OF
1859--DÉBUTS OF VICTOIRE BALFE, MONGINI, AND GUARDUCCI--MY
CONTRALTO MARRIES A DUKE--THE DUKE AND DUCHESS AT NAPLES.
EFFORTS were now made to obtain the lease of Her Majesty's theatre, but
it was so entangled with legal difficulties that it was resolved, on my
advice to remain another year at Drury Lane. I therefore set to work to
secure a very powerful company for the London season of 1859.
During the latter part of 1858 the baritone Graziani had called
repeatedly upon me, stating that as Mr. Gye had not renewed his
engagement, and as there were some arrears outstanding, he was very
desirous that I should engage him for the forthcoming season. After
lengthy negotiations, some time during the month of March, 1859, I
signed with him, and added him to the list of artists in the official
programme.
On the prospectus being issued, law proceedings were immediately
commenced by Mr. Gye, who asked for an injunction to restrain Graziani
from appearing at Drury Lane.
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.
In the United States I have been invariably unsuccessful in my
applications for an injunction, or of even getting the Courts to define
the meaning of a singer's engagement. The legal mind cannot grasp the
idea. Were it a contract for the erection of buildings or machinery, or
the sale of goods, or the exclusive manufacture of a piece of cotton
printing, the matter would be clear enough. But no evidence on the part
of musical experts is ever by any chance understood by the Court.
The Drury Lane season of 1859 opened on the 25th April with _La
Sonnambula_, when I was fortunate enough to introduce two new singers,
who both met with unequivocal success. One was Mdlle. Victoire Balfe
(afterwards Lady Crampton, and subsequently Duchess de Frias), who
appeared as "Amina;" the other, Signor Mongini, whose triumph was
instantaneous in the part of "Elvino." This was his first appearance in
England.
For this season two conductors had been engaged, Signor Arditi and Mr.
(afterwards Sir Julius) Benedict. Both were excellent, but neither
wished to be mistaken for the other. Both, moreover, were bald, and I
remember on one occasion, when a grand combined performance was to take
place, Benedict going into the prima donna's dressing-room, taking up a
brush, and carefully arranging his scanty hair so as to cover as much as
possible of his denuded cranium.
"What are you about, Benedict?" I asked.
"Nothing particular," he replied; "only I don't want, whilst wielding
the baton, to be mistaken for Arditi."
Soon afterwards Arditi appeared, and with a couple of brushes began
operating on his hair so as to leave as much as possible of his bare
skull exposed to view. He explained his action by exclaiming--
"I don't want to be mistaken for Benedict."
On the following night I brought forward Mdlle. Guarducci, who appeared
as "Leonora" in _La Favorita_, with Giuglini as "Fernando." Guarducci's
success was instantaneous, her lovely voice being the object of
universal admiration.
A very strange thing occurred in connection with Guarducci's _début_.
She had arrived in London only two days before, in the belief that she
would have two or three weeks to prepare the part which she had
undertaken to perform. By a careful process of cramming we got her
through; and she made one of the most marked successes London had
witnessed for many years. I thereupon announced the opera for repetition
four days afterwards, when to my great astonishment Guarducci informed
me that she did not know a note of her part, and it took ten days'
rehearsals for her to learn it in systematic style.
Later on I produced Mercadante's Giuramento, which, however, met with
indifferent success. Mdlle. Titiens shortly afterwards appeared as
"Lucrezia Borgia," when her phenomenal voice attracted such a house as
had rarely been seen. Her performances throughout the remainder of the
season were a series of triumphs never to be forgotten.
Arrangements were afterwards made for an operatic tour in the provinces,
which we commenced in Dublin.
About this time the attentions of an Italian nobleman towards Mdlle.
Guarducci became rather conspicuous, and at Mdlle. Titiens' suggestion I
resolved to ask him what his intentions towards her really were. As no
satisfactory answer could be obtained, Mdlle. Titiens took Guarducci
entirely under her charge, and all communication with the Italian
nobleman was put an end to.
Shortly afterwards he visited me, assuring me his intentions were most
honourable, and begging me to intercede so that he might again meet
Guarducci. Mdlle. Titiens' reply was--
"Yes, as her husband, not otherwise;" and to this ultimatum he
consented.
In the course of a few days preparations were made for the marriage, but
many difficulties presented themselves. The duke's father would have to
be consulted, together with the Neapolitan Government, the Pope, and a
few other powers.
About this time Mr. E. T. Smith appeared on the scene, and he assured
the priests that of his certain knowledge the proposed marriage would be
most agreeable to the duke's father; whilst I, on my side, induced the
Consul of the then King of Naples and of the Two Sicilies to affix the
Government stamp to the contract. I also had a marriage settlement
drawn, whereby it was stipulated that if Mdlle. Guarducci at any time
after the marriage should feel disposed she should have liberty to
resume the exercise of her profession, and take the whole of the
benefits she might derive therefrom for her own use; the duke engaging,
moreover, that on the day he succeeded to his father's property and
title he would assign to her £50,000 for her sole and separate use. The
marriage was celebrated in the Metropolitan Church of Dublin, with full
choral service, in which Piccolomini, Titiens, Aldighieri, Giuglini, and
others took part. The scene was most impressive.
Within a week afterwards the marriage had made such a stir in Italy that
the new duchess had to leave me, and, accompanied by the duke, take her
departure for Italy.
I did not meet them afterwards until the year 1863, when at my hotel in
Naples a gorgeous equipage drove up, in which were the Duke and Duchess
di Cirilla, with a beautiful little child. It appeared that he had
succeeded to his titles and estates, that he had already handed over the
large sum of money promised in the settlement, and that they were the
happiest couple in the world. They insisted upon my spending several
days with them at their palace; and as it was the closing day of the
Carnival we amused ourselves from the balcony of the Palazzo by throwing
the most gorgeous sweetmeats, dolls, and other things at the heads of
the populace. I was afterwards invited by the duke to a wild-boar hunt.
He had charge of all the King's preserves at Caserta, and by his
hospitable attentions he enabled me to pass the time most pleasantly.
Looking over my papers I find, what had really escaped my memory, that
in order to ensure, so far as we could, the execution of the Duke's
promise in regard to the settlement on his wife, Mr. E. T. Smith and
myself made him sign a bond by which he bound himself, should he fail to
fulfil his pledge, to pay to each of us the sum of £5,000.
Here is an exact copy of the deed; the like of which could scarcely be
found in the archives of any Opera House in the world:--
"Know all Men by these Presents that I Alfonso Catalano Gonzaga de Duchi
de Cirella formerly of Naples but now stopping at Gresham Hotel Dublin
am held and firmly bound unto Edward Tyrrel Smith of Pensylvania Castle
Dorset England and Lessee of the Theatre Royal Drury Lane London but now
stopping at Gresham Hotel Dublin and James Henry Mapleson of 12
Haymarket London Gentleman but now stopping at Gresham Hotel Dublin in
the sum of Ten thousand pounds sterling good and lawful money of the
United Kingdom of Great Britain and Ireland to be paid to the said
Edward Tyrrel Smith and James Henry Mapleson or their lawful Attorney
Executors Administrators or assigns to the which payment to be made I do
bind myself my heirs executors and administrators firmly by these
presents Sealed with my seal and dated the eighth day of August in the
year of our Lord one thousand eight hundred and fifty-nine.
The Condition of the above obligation is such that if the above bound
Alfonso Catalano Gonzaga de Duchi de Cirella his heirs executors or
administrators shall and do well and truly pay or cause to be paid unto
the above named Edward Tyrrel Smith and James Henry Mapleson their
executors administrators or assigns the just and full sum of Five
thousand pounds sterling of good and lawful money of the United Kingdom
of Great Britain and Ireland according to the covenant on his part
contained in a certain Indenture of Settlement bearing even date
herewith and made between Carolina Guarducci of the first part the said
Alfonso Catalano Gonzaga de Duchi de Cirella of the second part and the
said Edward Tyrrel Smith and James Henry Mapleson of the third part and
shall also fully perform all and singular the other covenants and
agreements on the part of him the said Alfonso Catalano Gonzaga
contained in the aforesaid Settlement without fraud or further delay
that then the above obligation is to be void and of none effect or else
to stand and remain in full force and virtue in law
ALFONSO CATALANO GONZAGA
DE DUCHI DE CIRELLA
Signed sealed and delivered in the presence of by Alfonso Catalano
Gonzaga de Duchi de Cirella the same having been first truly read
explained and interpreted to him by J H Mapleson
THOMAS FITZGERALD
Solicitor 20 Saint Andrew St Dublin
THOS SNOWE
Neapolitan Vice Consul
I hereby certify that the within named James Henry Mapleson took a
solemn oath administered by me that he had truly read explained and
interpreted the true contents of the annexed Bond to the within named
Carolina Guarducci and Alfonso Catalano Gonzaga de Duchi de Cirella
Neapolitan Vice Consulate
Dublin 10th August 1859 (nine)
THOS SNOWE
V Consul"
[Illustration: SEAL.]