The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-10-09

RUssELLs PLANETARIuM -.DR LARpNER-On
1 Saturday morning DR.. Lardner made personal ap-
plicaton to the Vice Chancellor, laying before him
the extreme hardship and injustice with which the
injunction granted in this case on an expare appli-
\ cation operated and succeeded in convincing his
Honor OF the propriety of granting special order
for hearing the motion TO dissolve the injunction,
without waiting for the regular day, which would
be the 10Th inst. The Vice Chancellor has accord
| ngly appointed Wednesday morning for the mo-
| ton.
The circumstances OF this case seem TO be pretty
nearly as follows:-M. Gouraud, French gentle
| man, who practsed the art Of Dagueneotype, and
gave lectures on mnemonics or "phrenoechny,
he called 1t, was engaged last fall by the proprie
tors of the planearium, to exhibit that instrument,
| and explain il to the public. After lecturng on it
in this city last winter, he discontinued the exhi-
bion IN March, packed up the instrument, and de-
posted II, as his own property, in warehouse or
storehouse in the city. There itremaned for about
| six months. The propretors, meanwhile dissatis-
| fed with Gouraud's proceedings during its exhibit
ton, and still more indignant at seeing the instru-
| ment shut up and allowed to remain so long unpro-
ductlve and useless applied at length to the Courts
for redress, and recovered legal possession of CIV
ing the security OF two wealthy citizens for $24,O
each to satisfy any claims which Gouraud might es
tablish against them. They then agreed TO sell to
DR.. Lardner more than half the properly in the ap.
paratus, the Doctor agreeing to it in illustration
OF his lectures on astronomy.
M Gouraud, now, without making any demand
on the propretors or giving any notice OF his nten
ton, or in short making any complaint whatever,
filed bill in chancery and upon affidavit verify
ing such bill, made an eXparte application to the
Assistant Vice Chancellor, upon which he obtained
the present injunction, being required to give no
other security except his own bond for 500. NJ
Gouraud, it is sworn, is, or recently an appi-
cant for the benefit of the bankrupt act yet in this
case he has sworn himself to be worth $500 over
and above all just debts
The injunction was served on DR.. Lardner on the
2S!h September BY the rules of court cepy of the
bill ought to have been served within six days after
wards. 1t appears by the affidavit produced on Sa.
turday that copy Of the bill had then been served
The defendants therefore kept in the dark as to
the nature or grounds of NJ Gouraud's com.
plants.
Dr. Lardner has proved that the proprietors of the
panetaran have already ncurreda loss by this pro-
ceeding, amounting to not less than $500. double
the amount OF Gourauds bond,) and that their loss
will rapidly accumulate by delay
We are informed that the value of this splendid
piece Of illustrative mechanism with all its append
ages, is estimated at little less than $4,000 In
the hands of man Of extensive scientific attain
ments, endowed with the power of presenting sci
ence to popular assembly in an attractive and in
telhgbc style, It is hald to say what such in
srument may not be worth. From the reception
which DR.. Lardner's lectures have met with in
ry part of the Union, during his late tour he ex-
presses much confidence that he will be enabled to
render this instrument of very great public utility to
the nation, in sequestered corner of which that
mechanical ingenuity and spirit were found which
produced the finest piece of illustrative machinery
Gas we are assured it s) that can be found in any
part of the world