Trial by Jury

This article is about the comic opera. For the legal institution, see jury trial. For the TV drama series, see Law & Order: Trial by Jury.

Chaos in the Courtroom: A scene from Trial by Jury as illustrated in the magazine Illustrated Sporting and Dramatic News of 1 May1875

Trial by Jury is a comic opera in one act, with music by Arthur Sullivan and libretto by W. S. Gilbert It premiered on 25 March 1875 at London's Royalty Theatre, where it initially ran for 131 performances and was considered a hit, receiving critical praise and outrunning its popular companion piece, Jacques Offenbach's La Périchole. Trial by Jury then toured in Britain and America and was frequently revived. Its enduring popularity since 1875 makes it, according to theatrical scholar Kurt Gänzl, "probably the most successful British one-act operetta of all time". The story concerns a "breach of promise of marriage" lawsuit, in which the judge and legal system are the objects of lighthearted satire.

The opera premiered four years after Gilbert and Sullivan's only previous collaboration, Thespis, an 1871–72 Christmas season entertainment. In the intervening four years, both were busy with other projects. Gilbert based the libretto of Trial by Jury on an operetta parody that he had written in 1868. Beginning in 1873, he tried to get it produced several times before the impresario Richard D'Oyly Carte suggested that he collaborate with Sullivan on the opera. Sullivan was pleased with the piece and promptly wrote the music.

As with most Gilbert and Sullivan operas, the plot of Trial by Jury is ludicrous, but the characters behave as if the events were perfectly reasonable. This narrative technique blunts some of the pointed barbs aimed at hypocrisy, especially of those in authority, and the sometimes base motives of supposedly respectable people and institutions. These themes became favourites of Gilbert through the rest of his collaborations with Sullivan. Critics and audiences noted how Sullivan's musical effects and settings added to the wit of the piece and served as a particularly effective foil to the satire in the text. The success of Trial by Jury launched the series of thirteen collaborative works between Gilbert and Sullivan that came to be known as the Savoy Operas.

Background

Before Trial by Jury, Gilbert and Sullivan had collaborated on one previous opera, Thespis; or, The Gods Grown Old, in 1871. Although reasonably successful, it was a Christmas entertainment, and such works were not expected to endure. Indeed, with the exception of one benefit performance soon after it had closed, Thespis would not be revived until 1953. Between Thespis and Trial by Jury, Gilbert wrote several short stories, edited the second volume of his comic Bab Ballads, and created eleven theatrical works, including The Happy Land (1873), Charity (1874) and Sweethearts (1874). At the same time, Sullivan wrote various pieces of religious music, including the Festival Te Deum (1872) and an oratorio, The Light of the World (1873), and had edited Church Hymns, with Tunes (1874), which included 45 of his own hymns and arrangements. Sullivan also wrote many parlour ballads and other songs, including three written with Gilbert in 1874–75: "The Distant Shore", "Sweethearts" (inspired by Gilbert's play) and "The Love That Loves Me Not".

Genesis of the opera

Gilbert's original sketch of Trial by Jury, published in Fun in 1868

The story of Trial by Jury started in 1868, when Gilbert wrote a single-page illustrated comic piece for the magazine Fun entitled Trial by Jury: An Operetta. Drawing on Gilbert's training and brief practice as a barrister, it detailed a "breach of promise" trial going awry, in the process spoofing the law, lawyers and the legal system. (In the Victorian era, a man could be required to pay compensation should he fail to marry a woman to whom he was engaged.) The outline of this story was followed in the later opera, and two of its numbers appeared in nearly their final form in Fun. The skit, however, ended rather abruptly: the moment the attractive plaintiff stepped into the witness box, the judge leapt into her arms and vowed to marry her, whereas in the opera, the case is allowed to proceed further before this conclusion is reached.

In 1873, Gilbert arranged with the theatrical manager and composer, Carl Rosa, to expand the piece into a one-act libretto. Rosa was to write the music, and Euphrosyne Parepa-Rosa, his wife and an old friend of Gilbert's, was to sing the role of the plaintiff, as part of a season of English opera that Rosa planned to present at the Drury Lane Theatre. Rosa's wife died in childbirth in 1874, and the despondent Rosa dropped the project. Later in 1874, Gilbert offered the libretto to the impresario Richard D'Oyly Carte, but Carte knew of no composer available to set it to music.

Meanwhile, Sullivan's thoughts may have turned to light opera in late 1874, as he visited Paris to meet with Albert Millaud, who had provided some libretti for Jacques Offenbach. But he returned to London empty-handed and composed incidental music for the Gaiety Theatre's production of The Merry Wives of Windsor. By early 1875, Carte was managing Selina Dolaro's Royalty Theatre, and he needed a short opera to be played as an afterpiece to Offenbach's La Périchole (in which Dolaro starred). He asked Sullivan to compose something for the theatre and advertised in The Times in late January: "In Preparation, a New Comic Opera composed expressly for this theatre by Mr. Arthur Sullivan in which Madame Dolaro and Nellie Bromley will appear." But, around the same time, Carte also remembered Gilbert's Trial by Jury and knew that Gilbert had worked with Sullivan to create Thespis. He suggested to Gilbert that Sullivan was the man to write the music for Trial.

Gilbert read the libretto to Sullivan on 20 February 1875. Sullivan was enthusiastic, later recalling, "[Gilbert] read it through ... in the manner of a man considerably disappointed with what he had written. As soon as he had come to the last word, he closed up the manuscript violently, apparently unconscious of the fact that he had achieved his purpose so far as I was concerned, inasmuch as I was screaming with laughter the whole time." Trial by Jury, described as "A Novel and Original Dramatic Cantata" in the original promotional material, was composed and rehearsed in a matter of weeks.

Production and aftermath

The result of Gilbert and Sullivan's collaboration was a witty, tuneful and very "English" piece, in contrast to the bawdy adaptations and burlesques of French operettas that dominated the London musical stage at that time.

Programme cover for Trial by Jury (1875)

Arthur Sullivan conducted the first night's performance, and the theatre's music director, B. Simmons, conducted thereafter. The composer's brother, Fred Sullivan, starred with Nellie Bromley in the production. One of the choristers was W. S. Penley, who would go on to a successful career in comic theatre. Penley was soon promoted to the small part of Foreman of the Jury. He played this role during much of the original run and tours and made an impact on audiences with his amusing facial expressions and gestures. In March 1878, he replaced Fred Sullivan as the Judge when Fred's health declined—one of the first signs of the tuberculosis that would soon lead to his death.

Initially, Trial by Jury, which runs only 30 minutes or so, was played last on a triple bill, on which the main attraction, La Périchole (starring Dolaro as the title character and Fred Sullivan as Don Andres), was preceded by the one-act farce Cryptoconchoidsyphonostomata. The latter was immediately replaced with another work. Offenbach's works were then at the height of their popularity in Britain, but Trial by Jury proved even more popular than La Périchole. Trial by Jury continued to draw crowds, and when La Périchole closed, it continued to run. It soon became the most desirable supporting piece for any London production, and, outside London, the major British theatrical touring companies had added it to their repertoire by about 1877. The original production was even given a world tour by Opera Comique assistant manager Emily Soldene, which travelled as far as Australia. Unauthorised "pirate" productions quickly sprang up in America, taking advantage of the fact that American courts did not enforce foreign copyrights. In short, it was an instant hit.

The success of Trial by Jury spurred several attempts to reunite Gilbert and Sullivan, but difficulties arose. Plans for a collaboration for Carl Rosa in 1875 fell through because Gilbert was too busy with other projects and an attempted Christmas 1875 revival of Thespis by Richard D'Oyly Carte failed when the financiers backed out. In the end, Gilbert and Sullivan went on with their separate careers, and the two men did not collaborate again until The Sorcerer in 1877.

Dramatis personæ

• The Learned Judge (comic baritone)
• The Plaintiff (soprano)
• The Defendant (tenor)
• Counsel for the Plaintiff (lyric baritone)
• Usher (bass-baritone)
• Foreman of the Jury (bass)
• Associate (silent)
• First Bridesmaid
• Chorus of Bridesmaids, Gentlemen of the Jury, Barristers, Attorneys and Public.

Synopsis

"The Usher advises the jury" by W. S. Gilbert

The curtain rises on the Court of the Exchequer, where a jury and the public assemble to hear a case of breach of promise of marriage ("Hark, the hour of ten is sounding"). The Usher introduces the proceedings ("Now, Jurymen, hear my advice") by exhorting the jury to "listen to the plaintiff's case" but that they "needn't mind" what the defendant says, although: "From bias free of every kind, this trial must be tried!" It soon becomes clear that the sympathies of the jurymen are with the plaintiff, Angelina. They greet the defendant, Edwin, with hostility. He explains with surprising candour that he jilted the plaintiff because she became a "bore intense" to him, and he soon took up with another woman ("When first my old, old love I knew"). As the jury are respectable gentlemen, they refuse to make any allowances for the fickleness of youth ("Oh, I was like that when a lad").

The judge enters with great pomp ("All hail, great Judge"). Before turning to the business of the day, he describes how he rose to his position ("When I, good friends, was called to the bar"): "But I soon grew tired of third-class journeys / And dinners of bread and water; / So I fell in love with a rich attorney's / Elderly, ugly daughter." The rich attorney aided the judge's legal career until "At length I became as rich as the Gurneys" and so "threw over" the elderly, ugly daughter – thus, of course, making him guilty of the very crime he is being tried for that day.

"So I fell in love with a rich attorney's elderly, ugly daughter"

The jury is then sworn in ("Swear thou the Jury") and the plaintiff summoned ("Where is the Plaintiff?"). She is preceded into the courtroom by her bridesmaids, one of whom catches the eye of the Judge ("Comes the broken flower"). But when Angelina herself arrives in full wedding dress, attention instantly switches to her, and she captures the heart of both the judge and jury ("Oh, never, never, never, since I joined the human race"). The Counsel for the plaintiff makes a moving speech detailing Edwin's betrayal ("With a sense of deep emotion"). Angelina feigns distress and staggers, first into the arms of the Foreman of the Jury, and then of the judge ("That she is reeling is plain to see!").

Edwin suggests that perhaps he could marry both the plaintiff and his new love ("Oh, gentlemen, listen, I pray"). The judge at first finds this a practical offer ("That seems a reasonable proposition"), but the Counsel points out that it is "a rather serious crime / To marry two wives at a time". Perplexed, everyone in court ponders the situation ("A nice dilemma we have here"). Angelina, seeing things temporarily turn against her, throws herself onto Edwin, embracing him, and bemoaning the depths of her "blind adoration" and the "blessing" she's lost ("I love him - I love him") – and says that the jury should remember this when deciding how much Edwin must pay her in damages. However, Edwin in turn says he is a smoker, a drunkard, and a bully (when tipsy), and that she would surely have been unhappy with him, and so the damages should be small. The Judge suggests making Edwin tipsy to see if he would really "thrash and kick" the plaintiff, but everyone else objects (except Edwin). Impatient at the lack of progress ("All the legal furies seize you"), the Judge resolves the case by offering to marry Angelina himself. This is found quite satisfactory, and the opera is concluded with "joy unbounded".

Musical numbers

The Plaintiff, in "distress", captures the sympathy of the judge and jury. Production with Sydney Granville, 1919

• 1. "Hark, the hour of ten is sounding" (Chorus) and "Now, Jurymen, hear my advice" (Usher)
• 1a. "Is this the Court of the Exchequer?" (Defendant)
• 2. "When first my old, old love I knew" (Defendant and Chorus) and "Silence in Court!" (Usher)
• 3. "All hail great Judge!" (Chorus and Judge)
• 4. "When I, good friends, was call'd to the Bar" (Judge and Chorus)
• 5. "Swear thou the Jury" (Counsel, Usher) and "Oh will you swear by yonder skies" (Usher and Chorus)
• 6. "Where is the Plaintiff?" (Counsel, Usher) and "Comes the cheated flower" (Chorus of Bridesmaids and Plaintiff)
• 7. "Oh, never, never, never, since I joined the human race" (Judge, Foreman, Chorus)
• 8. "May it please you, my lud!" (Counsel for Plaintiff and Chorus)
• 9. "That she is reeling is plain to see!" (Judge, Foreman, Plaintiff, Counsel, and Chorus)
• 10. "Oh, gentlemen, listen, I pray" (Defendant and Chorus of Bridesmaids)
• 11. "That seems a reasonable proposition" (Judge, Counsel, and Chorus)
• 12. "A nice dilemma we have here" (Ensemble)
• 13. "I love him, I love him, with fervour unceasing" (Plaintiff, Defendant and Chorus) and "The question, gentlemen, is one of liquor" (Judge and Ensemble)
• 14. "Oh, joy unbounded, with wealth surrounded" (Ensemble)

For clarity, only characters with a major role in each particular song have been listed.

Reception

In 1880, Punch prematurely anticipated Sullivan's knighthood, publishing a cartoon accompanied by a parody version of "When I, good friends" that summarised Sullivan's career to that date:

"A HUMOROUS KNIGHT."

["It is reported that after the Leeds Festival Dr. Sullivan will be knighted." Having read this in a column of gossip, a be-nighted Contributor, who has "the Judge's Song" on the brain, suggests the following verse, adapted to probabilities.]

As a boy I had such a musical bump, And its size so struck Mr. HELMORE, That he said, "Though you sing those songs like a trump, You shall write some yourself that will sell more." So I packed off to Leipsic, without looking back, And returned in such classical fury, That I sat down with HANDEL and HAYDN and BACH,— And turned out "Trial by Jury." But W.S.G. he jumped for joy As he said, "Though the job dismay you, Send Exeter Hall to the deuce, my boy; It's the haul with me that'll pay you." And we hauled so well, mid jeers and taunts, That we've settled, spite all temptations, To stick to our Sisters and our Cousins and our Aunts,— And continue our pleasant relations. Yet I know a big Duke, and I've written for Leeds, And I think (I don't wish to be snarly), If honour's poured out on a chap for his deeds, I'm as good – come, as MONCKTON or CHARLEY! So the next "first night" and the Opéra C., Let's hope, if you're able to find him, You'll cry from the pit, "There's W. S. G. In the stalls, – with a KNIGHT behind him!'"

Reviews of the first performance of Trial by Jury were uniformly glowing. Fun magazine declared the opera "extremely funny and admirably composed". Punch magazine wrote that Trial by Jury "is the funniest bit of nonsense your representative has seen for a considerable time", only regretting that it was too short. The Daily News praised Gilbert: "In whimsical invention and eccentric humour Mr. W. S. Gilbert has no living rival among our dramatic writers, and never has his peculiar vein of drollery and satire been more conspicuous than in a little piece entitled Trial by Jury". The Daily Telegraph wrote that the piece "illustrates Mr. Sullivan's great capacity for dramatic writing of the lighter class". Many critics emphasised the happy combination of Gilbert's words and Sullivan's music: "so completely is each imbued with the same spirit, that it would be as difficult to conceive the existence of Mr. Gilbert's verses without Mr. Sullivan's music, as of Mr. Sullivan's music without Mr. Gilbert's verses. Each gives each a double charm." The Times agreed: "It seems, as in the great Wagnerian operas, as though poem and music had proceeded simultaneously from one and the same brain."

The first night's audience was also delighted by the little afterpiece: "To judge by the unceasing and almost boisterous hilarity which formed a sort of running commentary on the part of the audience, Trial by Jury suffered nothing whatever from so dangerous a juxtaposition [with the popular Offenbach piece]. On the contrary, it may fairly be said to have borne away the palm." The Daily News likewise noted that "Laughter more frequent or more hearty was never heard in any theatre than that which more than once brought the action... to a temporary standstill." The Era summed up its popular appeal: "Trial by Jury is but a trifle – it pretends to be nothing more – but it is one of those merry bits of extravagance which a great many will go to see and hear, which they will laugh at, and which they will advise their friends to go and see, and therefore its success cannot be doubtful."

Especial praise was reserved for the composer's brother, Fred Sullivan, in the role of the Learned Judge: "The greatest 'hit' was made by Mr. F. Sullivan, whose blending of official dignity, condescension, and, at the right moment, extravagant humour, made the character of the Judge stand out with all requisite prominence, and added much to the interest of the piece." The Times concurred: "Mr. F. Sullivan's impersonation of the learned and impressionable Judge deserves a special word of praise for its quiet and natural humour." Nelly Bromley (the Plaintiff), Walter Fisher (the Defendant), Mr. Hollingsworth (the Counsel) and others were praised for their acting.

Later assessments of the work have been no less positive. In 1907, Gilbert's first biographer, Edith A. Browne, wrote:

In the short compass of this trial Gilbert contrasts a romantic plaintiff, a disenchanted boyish defendant, a judge with an eye for beauty and a pretty contempt for the law, designing bridesmaids, and jurymen who, even if they are unbiased, can hardly be expected to be proof against feminine charm, and by wildly different but always original methods these characters all contribute to the spontaneous fun which prevails whilst the broken-hearted Angelina sues the fickle-hearted Edwin and bewitches the judge into settling the case by offering to marry her himself. In Trial by Jury we find author and composer looking at the humorous side of life from exactly the same point of view, and we at once realise how Gilbert and Sullivan have been able to do for Comic Opera what Wagner has done for Grand Opera by combining words and music so as to make them one Art.

H. M. Walbrook similarly wrote in 1922:

Trial by Jury... satirizes the procedure in an average breach of promise, and also the insincerity which may sometimes underlie the pose of "respectability." Everything done or sung is ludicrous, and yet beneath it all lies a recognisable substratum of truth. The piece is a riot of laughter. The Judge's ditty, "When first, my friends, I was called to the Bar," [sic] is the best-known comic song in the English language. In none of the operas is the genius of Gilbert as an inventor of "comic business" more daringly and irresistibly exhibited. One can see the piece again and again and discover fresh strokes of comicality. Its place in the Gilbert and Sullivan repertory is as secure as ever; and whatever reforms may be hereafter effected in this particular department of the King's Bench Division, Trial by Jury will probably long continue to be one of the English-speaking world's refreshments.

In 1967, Percy M. Young, in his History of British Music wrote, "The whole story of opera in England from the beginning of the [19th] century until [the première of Trial by Jury] shows how avid the public was for entertainment, rather than any kind of uplift (that was the province of oratorio). It was the manner in which Sullivan appreciated and satisfied this appetite that marked him out as one of extreme perceptivity."

Gilbert and Sullivan biographer Michael Ainger wrote in 2002, "Nothing could be more serious than a court of law... and now the world had been turned upside down. The court of law had become the scene of humor and frivolity; the learned judge had shown himself to be as fickle as the defendant, and the justice system turned out to be flawed by human frailty. And Sullivan had grasped the joke.... From the first chords... Sullivan’s music sets the scene of mock-seriousness and proceeds to dance its way through the whole piece."

Analysis of music and text

Trial by Jury is the only Gilbert and Sullivan opera played in one act, and the only theatrical work by W. S. Gilbert without spoken dialogue. Later Gilbert and Sullivan operas retained a number of musical patterns seen in Trial. For example, all except for The Yeomen of the Guard begin with a chorus number. Also, like Trial by Jury, the later operas generally end with a relatively short finale consisting of a chorus number interspersed with short solos by the principal characters. "Comes the broken flower" (part of No. 3) was the first in a string of meditative "Horatian" lyrics, "mingling happiness and sadness, an acceptance and a smiling resignation". These would, from this point forward, provide a grounding point for romantic characters in each of the Savoy operas, providing an introspective scene in which such characters stop and consider life, in contrast to the foolishness of the surrounding scenes.

Sullivan's original thematic sketch of Trial by Jury

The judge's song, "When I, good friends, was called to the Bar" was followed by a string of similar patter songs that would come to epitomise Gilbert and Sullivan's collaboration. Just as in Gilbert's earlier play, The Palace of Truth, in these songs, the characters "naïvely reveal their innermost thoughts, unconscious of their egotism, vanity, baseness, or cruelty". W. S. Gilbert scholar Andrew Crowther points out that such revelations work particularly well in Trial by Jury, because people commonly expect "characters singing in opera/operetta will communicate at a deeper level of truth than they would in mere speech." In "When I, good friends", the judge outlines the path of corruption that led to his becoming a judge, and this, too, would set the pattern for many of the patter songs in Gilbert and Sullivan operas to follow.

Sullivan used the opportunities suggested by Gilbert's satire of the pomp and ceremony of the law to provide a variety of musical jokes. Examples include counterpointing the plaintiff's calculated swooning in "That she is reeling is plain to see!" (No 9) with a reeling, minor-key theme in the string accompaniment, heading up and down (but mostly down) the octaves; pointing out the Counsel's misstatement on the line "To marry to at once is burglaree" with a short bassoon "sting"; scene-setting by having a guitar tuned on stage (simulated by a violin in the pit); and two parodies or pastiches of other composers: No. 3, "All hail great Judge" is an elaborate parody of Handel's fugues, and No 12, "A nice dilemma", parodies "dilemma" ensembles of Italian opera in the Bel canto era; perhaps "D'un pensiero" from Act I of Vincenzo Bellini's La sonnambula in particular.

Trial by Jury initiates Savoy opera

Third page of the 1875 programme.

Gilbert scholar Andrew Crowther places Trial by Jury at the centre of Gilbert's development as a librettist. In some of Gilbert's early libretti, such as Topsyturveydom (1874), the songs simply emphasise the dialogue. In others, such as Thespis (1871), the songs are given a greater role, carrying the plot forward, revealing character, establishing atmosphere, and emphasising a plot point in the dialogue. But some songs are relatively disconnected from both the story and characterisation, such as Thespis's "I once knew a chap" or "Little maid of Arcadee", which simply convey a moral lesson. In Trial by Jury, there is no dialogue, and so the plot and action must be discovered through music. Unlike some of Gilbert's more fantastical early plots, "Aside from the ending, nothing essentially improbable happens." However, as the characters underlying motivations are held up to satire, hypocrisy is revealed, and the underlying absurdity of the judicial procedures is mocked. However, although the criticisms are genuine, Gilbert combines them with comic entertainment, which both underlines them and renders them more palatable. As Crowther points out, "By laughing at a joke you show that you accept its premise." Theatre historian Kurt Gänzl agrees, writing that "Gilbert's libretto was superior to any of his previous efforts. It was concise, modern and satirical without being impossibly whimsical. Having no spoken dialogue it was perforce tightly constructed and allowed of no interpolation or alteration."

Sullivan too would be affected by the success of Trial by Jury. Except for some incidental music for productions of Shakespeare, he had not written any music for the stage since Thespis. Gänzl wrote that Trial by Jury "brought Sullivan firmly and finally into the world of the musical" stage and confirmed, after his previous success with Cox and Box and Thespis, that "Sullivan was a composer of light lyric and comic music who could rival Offenbach, Lecocq and any English musician alive." Soon after the premiere of Trial by Jury, Sullivan produced another one-act opera with librettist B. C. Stephenson, The Zoo, which played as an afterpiece to Gilbert's new play, Tom Cobb. This was only modestly successful, but it emphasizes that Sullivan was focusing on comic opera. When the opportunity arose to work with Gilbert in creating The Sorcerer in 1877, Sullivan readily agreed.

Historian Reginald Allen sums it up:

Most scholars of the Victorian theatre date the birth of Gilbert & Sullivan opera with the first performance of Trial by Jury.... Some will maintain that there is no single date of comparable importance in the history of the modern lyric theatre than this occasion which first brought together the triumvirate of W. S. Gilbert, Arthur Sullivan, and their catalyst business genius, Richard D'Oyly Carte. The next twenty-five years witnessed the spectacular, worldwide success of this collaboration: the Gilbert & Sullivan operas, initiated by Trial by Jury. Without this spark, who can say that any of the instantaneous hits of G[ilbert] & S[ullivan] that followed would ever have been written?

Productions

After the premiere of Trial by Jury in 1875, operetta companies in London, the British provinces and elsewhere picked it up rapidly, usually playing it as a forepiece or an afterpiece to a French operetta. The first American productions were at the Arch Street Theatre in Philadelphia on 22 October 1875, and the Eagle Theatre in New York City on 15 November 1875. The world tour of the original British production took it to America, Australia, and elsewhere. It was even translated into German, and premièred as Im Schwurgericht, at the Carltheater on 14 September 1886, and as Das Brautpaar vor Gericht at Danzer's Orpheum on 5 October 1901.

Richard D'Oyly Carte's opera companies (of which there were often several playing simultaneously) usually programmed Trial by Jury as a companion piece to The Sorcerer or H.M.S. Pinafore. From 1894, the year when the D'Oyly Carte Opera Company established a year-round touring company that had most of the Gilbert and Sullivan works in its repertory, Trial by Jury was always included, except for 1901–03, and then again from 1943–46, when the company played a reduced repertory during World War II. Trial by Jury was eliminated in 1976 as a cost-saving measure.

Production history

The following table summarises the main London productions of Trial by Jury during Gilbert's and Sullivan's lifetimes:

Theatre	Opening Date	Closing Date	Perfs.	Details
Royalty Theatre	25 March 1875	11 June 1875	131	This company also played matinées at the Gaiety Theatre on 10, 17, and 24 April 1875. The theatre closed from June 12 – October 10, during which time the company took Trial by Jury and other operas on a provincial tour. After December 18, this production was transferred to the Opera Comique.
	October 11 1875	December 18 1875
Opera Comique	January 13 1876	May 5 1876	96	Trial by Jury was not performed from March 13–18 due to the illness of Fred Sullivan.
Strand Theatre	March 3 1877	May 26 1877	73	Produced "under the immediate direction of the authors". Originally performed as an afterpiece to Tom Taylor's comedy "Babes and Beetles".
Opera Comique	March 23 1878	May 24 1878	56	Played as an afterpiece to The Sorcerer
Savoy Theatre	October 11 1884	March 12 1885	150	Played as a forepiece to The Sorcerer
Savoy Theatre	September 22 1898	December 31 1898	102	Played as a forepiece to The Sorcerer
Savoy Theatre	June 6 1899	November 25 1899	174	Played as a forepiece to H.M.S. Pinafore

The following tables show the casts of the principal original productions and D'Oyly Carte touring companies at various times through to the 1975 centenary season:

Role	Royalty Theatre 1875	Strand Theatre 1877	Opera Comique 1878	Savoy Theatre 1884	Savoy Theatre 1898
Judge	Frederic Sullivan	J.G. Taylor1	George Grossmith	Rutland Barrington	Henry Lytton
Counsel	J. Hollingsworth	Charles Parry	Rutland Barrington	Eric Lewis	Jones Hewson
Defendant	Walter H. Fisher	Claude Marius	George Power	Durward Lely	Cory James
Foreman	Charles Kelleher1	W. S. Penley	F. Talbot	Arthur Kennett	Leonard Russell
Usher	B. R. Pepper	Harry Cox	Fred Clifton	William Lugg	Walter Passmore
Associate				J. Wilbraham	Charles Childerstone
Plaintiff	Nelly Bromley	Lottie Venne	Lisa Walton	Florence Dysart	Isabel Jay
1st Bridesmaid	Linda Verner	Gwynne Williams		Sybil Grey	Mildred Baker

Role	D'Oyly Carte 1905 Tour	D'Oyly Carte 1915 Tour	D'Oyly Carte 1925 Tour	D'Oyly Carte 1935 Tour
Judge	Charles H. Workman	Leo Sheffield	Leo Sheffield	Sydney Granville
Counsel	Albert Kavanagh	Frederick Hobbs	Henry Millidge	Leslie Rands
Defendant	Strafford Moss	Dewey Gibson	Sidney Pointer	Robert Wilson
Foreman	J. Lewis Campion	Frank Steward	T. Penry Hughes	T. Penry Hughes
Usher	Reginald White	George Sinclair	Joseph Griffin	Richard Walker
Associate		Allen Morris	Martyn Green	C. William Morgan
Plaintiff	Bessie Mackenzie	Marjorie Gordon	Eleanor Evans	Ann Drummond-Grant
1st Bridesmaid	Mabel Burnege	Ethel Armit	Beatrice Elburn	Nancy Ray

Role	D'Oyly Carte 1949 Tour	D'Oyly Carte 1955 Tour	D'Oyly Carte 1965 Tour	D'Oyly Carte 1975 Tour
Judge	Richard Watson	John Reed	Jeffrey Skitch	Jon Ellison
Counsel	Alan Styler	Alan Styler	Alan Styler	Michael Rayner
Defendant	Leonard Osborn	John Fryatt	Philip Potter	Jeffrey Cresswell
Foreman	Donald Harris	John Banks	Anthony Raffell	James Conroy-Ward
Usher	L. Radley Flynn	George Cook	George Cook	John Broad
Associate	C. William Morgan	Keith Bonnington	Keith Bonnington	William Palmerley
Plaintiff	Enid Walsh	Kathleen West	Jennifer Toye	Marjorie Williams
1st Bridesmaid	Joyce Wright	Margaret Dobson	Pauline Wales	Rosalind Griffiths

¹ Later replaced by George Leitch.

Benefit performances

Rutland Barrington as the Learned Judge

Starting in 1877, Trial by Jury was often given at benefit performances, usually for an actor or actress who had fallen on hard times, but occasionally for other causes. These were glittering affairs, with various celebrities appearing in principal roles or as part of the chorus. Gilbert himself played the silent role of the Associate on at least four occasions. Arthur Sullivan conducted the 1877 benefit for actor Henry Compton. At the Nellie Farren benefit, many of the performers listed below sat in the jury or the gallery, and Trial by Jury was followed by a six-hour long concert. Performances were given by Henry Irving, Ellaline Terriss, Marie Tempest, Hayden Coffin, Arthur Roberts, Letty Lind, Edmund Payne and many others. The Ellen Terry benefit in 1906 was also a particularly well attended affair, with Sir Arthur Conan Doyle numbered among the jury and Enrico Caruso singing, among many star performances.

Role	Henry Compton Drury Lane March 1 1877	Amy Roselle Lyceum June 16 1887	Rutland Barrington Savoy May 28 1889	Nellie Farren Drury Lane March 17 1898
Judge	George Honey	Rutland Barrington	Rutland Barrington	Rutland Barrington
Counsel	George Fox	Richard Temple	Alec Marsh	Eric Lewis
Defendant	W. H. Cummings	Henry Bracy	Courtice Pounds	Courtice Pounds
Foreman			Mr. Burbank	Henry Lytton
Usher	Arthur Cecil	R. Lewis	William Lugg	Walter Passmore
Associate	W. S. Gilbert			W. S. Gilbert
Plaintiff	Pauline Rita	Geraldine Ulmar	Lottie Venne	Florence Perry

Role	Princess Christian's Homes of Rest for Disabled Soldiers Drury Lane May 15 1900	Mr. Ringold Lyric Theatre December 5 1902	Ellen Terry Drury Lane June 12 1906
Judge	Rutland Barrington	Rutland Barrington	Rutland Barrington
Counsel	Eric Lewis	C. Hayden Coffin	Henry Lytton
Defendant	Courtice Pounds	Courtice Pounds	Courtice Pounds
Foreman	W. H. Denny	Fred Kaye	Robert Marshall
Usher	Walter Passmore	George Grossmith, Jr.	Walter Passmore
Associate	W. S. Gilbert	Lionel Monckton	W. S. Gilbert
Associate's Wife1	Effie Bancroft	—	Fanny Brough
Plaintiff	Florence St. John	Evie Greene	Ruth Vincent

¹The role of the Associate's Wife was especially created for the disabled soldiers' benefit performance and does not appear in any standard performances.

Recordings

Trial by Jury has been recorded many times. Of the recordings by the D'Oyly Carte Opera Company, the 1927 and 1964 recordings have been well received. The 1961 Sargent and the 1995 Mackerras recordings are also admired.

Selected recordings

• 1927 D'Oyly Carte – Conductor: Harry Norris
• 1961 Sargent/Glyndebourne – Pro Arte Orchestra, Glyndebourne Festival Chorus, Conductor: Sir Malcolm Sargent
• 1964 D'Oyly Carte – Conductor: Isidore Godfrey
• 1975 D'Oyly Carte – Conductor: Royston Nash
• 1982 Brent Walker Productions Video – Ambrosian Opera Chorus, London Symphony Orchestra, Conductor: Alexander Faris
• 1995 Mackerras/Telarc – Orchestra & Chorus of the Welsh National Opera, Conductor: Sir Charles Mackerras

Textual changes

Of the material cut before the first performance of Trial by Jury, the most significant were two songs and a recitative: a song for the foreman of the jury, "Oh, do not blush to shed a tear", which was to be sung just after "Oh, will you swear by yonder sky"; and a recitative for the Judge and song for the Usher, "We do not deal with artificial crime" and "His lordship's always quits", which came just before "A nice dilemma". The melody for "His Lordship's always quits" is known, and it was reused in "I loved her fondly" in The Zoo and later modified into the main tune from "A wand'ring minstrel, I" in The Mikado. A few changes were made to the end of "I love him, I love him!" after the first night. A third verse for "Oh, gentlemen, listen I pray" was sung, at least on the first night, and part was quoted in a review in the Pictorial World.

Trial by Jury underwent relatively minor textual changes after its first run, mainly consisting of insignificant amendments to wording. The most significant changes involve the ending. The original stage directions set up a simple pantomime-style tableau:

JUDGE and PLAINTIFF dance back, hornpipe step, and get on to the Bench – the BRIDESMAIDS take the eight garlands of roses from behind the Judge's desk and draw them across floor of court, so that they radiate from the desk. Two plaster Cupids in bar wigs descend from flies. Red fire.

This became much more elaborate in the 1884 revival, with the entire set being transformed, and the plaintiff climbing onto the Judge's back "à la fairy". However, in the 1920s, the plaster cupids were evidently damaged on a tour, and the transformation scene was abandoned completely.

References

• Ainger, Michael (2002). Gilbert and Sullivan – A Dual Biography. Oxford: Oxford University Press. ISBN 0195147693.
• Allen, Reginald (1958). The First Night Gilbert and Sullivan. London: Chappell & Co. Ltd.
• Allen, Reginald (1975a). The First Night Gilbert and Sullivan [Centennial Edition]. London: Chappell & Co. Ltd.
• Allen, Reginald (1975b). Sir Arthur Sullivan: The Pierpont Morgan Library. New York: The Pierpont Morgan Library.
• Archer, William (1882). "Mr. W. S. Gilbert". English Dramatists Of To-Day. London: Sampson Low, Marson & Co.
• Bradley, Ian (1996). The Complete Annotated Gilbert and Sullivan. Oxford, England: Oxford University Press. ISBN 019816503X.
• Browne, Edith A. (1907). Stars of the Stage: W. S. Gilbert. London: John Lane, The Bodley Head.
• Burgess, A. J. (1997). The Notary and other Lawyers in Gilbert & Sullivan. Hadleigh, Suffolk: Jardine Press.
• Crowther, Andrew (2000). Contradiction Contradicted – The Plays of W. S. Gilbert. London: Associated University Presses. ISBN 0-8386-3839-2.
• Davis, Richard Harding (ed. Charles Belmont Davis) (1995). Adventures and Letters of Richard Harding Davis. Project Gutenberg. ISBN 0-8386-3839-2. Retrieved 2008-06-01.
• Gänzl, Kurt (1986). The British Musical Theatre—Volume I, 1865–1914. Oxford: Oxford University Press.
• Gilbert, W. S. And Sullivan, Arthur (Undated; after 1911). Trial by Jury (Vocal Score). London: Chappell & Co. {{cite book}}: Check date values in: |year= (help)CS1 maint: multiple names: authors list (link) CS1 maint: year (link)
• Goldberg, Isaac (1921). The Story of Gilbert and Sullivan, or The 'Compleat' Savoyard. London: John Murray.
• McElroy, George C. (1984). "Whose Zoo; or, When Did The Trial Begin?". Nineteenth Century Theatre Research. 12: 39–54.
• Rollins, Cyril (1962). The D'Oyly Carte Opera Company in Gilbert and Sullivan Operas: A Record of Productions, 1875–1961. London: Michael Joseph. {{cite book}}: Unknown parameter |coauthors= ignored (|author= suggested) (help) Also, five supplements, privately printed.
• Stedman, Jane W. (1996). W. S. Gilbert, A Classic Victorian & His Theatre. Oxford University Press. ISBN 0-19-816174-3.
• Walbrook, H. M. (1922). Gilbert & Sullivan Opera: A History and A Comment. London: F. V. White & Co. Retrieved 2008-06-01.
• Young, Percy M. (1967). A History of British Music. London: Ernest Benn, Ltd.

External links

• Trial by Jury at The Gilbert & Sullivan Archive
• Trial by Jury at The Gilbert & Sullivan Discography
• Site containing biographies of the people listed in the historical cast and benefit cast tables