CHAPTER II.

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"