New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-10-22
La w INI'ELLIGENCE.
AN AUTHOR SUED BY ARTISTS-INTEREST-
ING TO PUBLISHERS.

SUPREME COURT-CIRCUIT.-OCr. &l.-B'flrc Judge
BALLOON.
Benson j. Losing William Bsrritt Thomas Ewbauk
This was an action to recover the SUN Of -9l0 ID
alleged to be due on account to plaintiffs for services
rendered by them for defendant. The complaint stated
that on the Sd of October 1852 the plaintiffs, at the
request Of defendant, furnished drawings and wood
cuts to the value of $40 30, and that 800 OF said
sum was paid to them on account for such services.
They demanded Judgment for the remainder, amount
ing to $40 80.
Defendart set up general denial to the allegations
in the complaint; denied that the plaintiffs rendered
the services for him. that he requested them to
make the drawings and engra,ngs on wood and al
legged that the said drawings, &C., were never dely-
cred to him or TO any peTs tor his beneht mat he
did not pay the sum of 800 account. lie further
stated that in 1854 he had written a work entitled
- Life in Brazil which the Iiarpcrs were to publish,
with such illustrations and ar many, as they saw MT.
Tie Witnesses called in behalf Of the plaintiffs were
VIM Barritt one of the plaintiffs, and Fletcher far-
per of the house of Harper Brothers. MIR. Thomas
Ewbank the defendant was called AZ witness in his
own behalf, aud was the only witness adduced Tor the
defense
had rendered the services charged aud were entitled
10 pavment either from the house of Harper Broth
ers or from the defendant. Mr.. Tossing was not
present in Court
brought him drawings for certain wood cuts 70 be IL
serted in the work aud requested the plaintiffs 10
ecute such cuts and that he the deendant did not IN
form him that the work was to be charged 10 Harper
Brothers. that such WORK was done Tor the detehl-
ant and on bis credit.
On cross-examnatiOn witness admitted that the
plaintiffs had originally charged the work to Harper
Bros. and being required to produce the book con-
tanning such charge, 1t appeared that the pantiiis
after making the charge 10 Harper Bros. had sub
sequently inserted the of the deiendant a. the
debtor IN the case; the plaintiff, Barrtt, admitted
that lie made such alteration after presentation OF the
account 10 Fletcher Harper who refused 10 pay n.
Mr. lef hrfn
for the plaintiff, and was thoroughly cross examined
by defendants counsel; detail OF his evidence Is
unnecessary.
when the arrangement was made between himself ana
Mr.. Fletcher Harper for the publication OF the worh'
he wholly refused 10 incur any expense i0r ilstra-
tons and that lie gave notice Immediately after 70
Bnrrt one Of the plaintiffs that he must hloh W
Haruer a Bros for the payment OF his bill; II ap-
peared that Mr. Ewbank had not derived any beneht
u profit whatever from the publication.
The briefly summed mp by Mr. Johe' 10Y
the paintiff and by Mr. Truman Smith tor defendant
and the learned Judge submitted the case to the Jury
a. mere question Of fact stating that the evidence
in a great degree contradictory ana "hoAy I-
rccoIclable, aud that they must draw ther c"hcin,
.iors as 10 the crelbility Of the witnesses from All
the circumstances Of the case. He added, 1t had
been sometimes ruled that where two witnesses test
fed, side, to fact and only one on Tue other
side the jury should find in conformity with the tes-
timony of the two rather. than the one. me Judge
ob:eryed that this rule though often proper TO be
adopted should not in al cases prevail for he added
empha,icslly, testimony is to be 'e'ehed, AMI not
counted.
The jury after brief consultation, returned yer-
die. in favor Of the defendant.
Cowles Il Jones for PLAINTIFF; Runkle & Truman
Smith FOR defendant.
The .ubioined letter from Mr.. Ewbank to Messrs
Harper & Bros. will throw additional light on TIL.
controversy:
lCcpy1 NEw.YoRK, II, July, 1857.
Messrs UARpYR & BROTHHRs-LienHeJaea: have
received your account current Of my book on Brazil
and lest silence should be construed into sequecence
in rs statements beg your a,tention-aud especially
your, Mr.. Fletcher Harper-tO what follows;
During Mr. Los.ipg's visits to Washington, and
subsequently, the reputed hard character OIL your mouse
in il. dealings with authors was the SUBJECT o' re"h'