The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-11-01

should be against me on that point. may mention
that called again and left my card, requesting my
property should he left out
Mr.. Roberts-There's no evidence that that card
is not in existence, and therefore, ts contents can
not be given in evidence.
Mr.: Fonbianque-Dming. the time I was in town.
called five or six times in the week. then wrote
the 26th OF May stating that had been detained
unnecessarily in London, that I was exceedingly
disappointed in having called so many times, and
that should now have recourse to the last me-
thod OF obtaining 1t; and that unless II return
ed by Monday should issue plant Last Saturday
the farce" was returned without single word in
apology for ts heightened detention. If Mr. Buck
stone had written to me and stated that it was mis-
laid, would have given him year or two; but
from the cavalier manner in which was treated
thought proper to adopt the present proceedings,
and under the circumstances submit am entitled
to recover sufficient amount Of compensation for
my ioas OF time. have unnecessarily tried to ar
range the matter with Mr. Blackstone
The learned Judge-What expense do you claim2
Mr.. Fonblanque-My railway journey to and fro.
was not put to any expense in London because l
staid with friend but the farce ia of no value to
me now because its illusions were to the times II
would have been worth at least twenty-five gnineas.
In cross-examination by Mr.. Roberts, the plaintiff
admitted that managers were almost inundated with
authors productions, and that it was the custom to
return directly Provincial theatres were not 40
troubled, because they do not pieces originally.
Original pieces generally appeared in London:
In defence, Mr.. Roberts stated that Mr. Blackstone
coming before the public in this case did 30 upon
principle. Metropolitan managers generally were
inundated with the imaginary talented productions
OF authors. and the present was of those farces
which, among many others, was left ut Mr.. Buck
stones door without solicitation; Whereas If he had
asked for such production, no doubt he would be
liable for its RETURN but in the present instance it
was left voluntarily, and the same law would apply
az in the case OF party leaving books at the door at
his own risk.
Mr.. Fonblanque-But the farce was stated to have
been Lost.
Mr.. Roberts-The learned plaintiff had drawn
attention to what Mr.. Wyld had said without any
thing to show that what that gentleman may have
said was in any way binding upon Mr.. Blackstone.
He had also accused him of want of courtesy;
whilst but for that want of courtesy, the defendant
might have subjected himself to hundred actions
IN defenue inasmnch as Mr.. Blackstone would have
had all the juvenile authors in England bringing ac-
lions against him. and he therefore very properly did
not reply to the communications 80 sent and If he
were TO be held liable for all these documents, he
might instead Of pleasing the public at night, have
lost the whole of his time in per,sing these commu-
ncations IT, however, the Court ruled that
must be returned, then it was clear that
new course must be adopted by the
managers Of theatres in future. Another question,
MI Roberts submitted was, that even in the event of
hability, had there been sufficient demand There
were constructive demands upon which the learned
plaintiff evidently relied namely, the letters he had
written, but the precise contents necessary to
constitute legal demand which had not been given.
mtted that there had not been scintilla of evi.
dence to prove that any was actually sustained. As
to the travelling by railway, the plaintiff might as
wei have claimed his expenses from jamaica if he
bad chosen to come from thence. Uaughter.) Most
authors could put good estimate upon their own
productions, but as he had brought one to speak
to the value would he take the opinion of Mr. Buck
stone upon the subject ?-(renewed laughter)-who
would have been glad to have made use of it had it
been worth anything The detention Of the manu-
script could have entailed no loss when the plaintiff
admits that but for the want of courtesy he would
have allowed Mr. Blackstone to retain it for couple
of years.
Mr.. Fonblanque replied on point Of law, arguing
that Mr. Roberts admission that, had defendant re-
piled TO his letters. he would have rendered himself
liable to actions in defenue in itself sufficient to
instify claim for damages at the hands of the
Court
The learned Judge intimated that there were diff
entities in the and he would therefore take time
to consider his judgment, which he would give on
Wednesday next.
Judgment deferred accordingly.