New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-10-09
LAW INTELLYGENCE.
VA, C.,. a. " o., American Cousin"


Laura Ksene ast John S, Clarke add william stuart;
This case came on to-day upon an oroer 10 sho"
VIM an Injunction sheod not be issued restraining tne
fsndsnts from representing the wellknown drains oi
tosican ConsI.- -. 80. 40. ",
The compuni which the order was granted set o1 m
Inst 10 September 1883 Tom Taylor sold ne PLAIN
40 the lev OF Our American Cousin with the manucrp a
~ 3,l. In IL and on the Of November e1ectrd an as
r'snt Of IT, That the work an unplbhshee manu-
so, work shd produced by her q Laura hesns
.r IN the zane IA the plaintiff, oy herseI su
~ e,poye. mad many alterations and "a .
nus Increasing ,s sDa nss hsy rS to the
srp unpu bh-bed and has never fehnql'heo nei 'sN'
49, repres-ntaiion Of the Play: g.. .,..,,.. az
Thst the chief value Of tr play lies IN s ersnsW snu
G M such reason IS Of great vsaoe to her That IN Noveu
ssr 1883 Clarke md heat ey procured asopy OF ne Ply
from surrepii oos source sna WHOM e m, 80
scpmsuced playing II At the Archs' IheSotf' la
krnu oouineced a suit to Restrain the Unauthorized
and to establish Der M Isn 70 m sDs tSs
g., decree wa. sde establishing er rights and rug an
.ssment Of her damage for beir inraeuoni sio 'a' .e
$1,000 In obedience to the decree pad her damages ior
49, violation her rights liter ny proprietor nat te
~ !, No. Winter Garden and the sane for fnrthe
the pa id not bvnr in any way authorized
~ It, aud with u. koowedae OF the decree men
t1nd above, and her iih's N t Az INC ~ &C
I fcr au Injunction srsnins AXE and stuart and ca o.
bsn from acting the COMEDY, snd fhs' thrN o.
10 cay plaintiff for the wrongful reesens'p
On hi. complaint Jus,ic. Moncrs. Thursday last
nted order show canse 'eurnabe ON the h WI! an
,rruction should not now Issue pending the suit
Hr stuart appeared this morning IN person with ms eonh
Mr. Edwin Jan III attendants resd sfdayt @ MI
O.ise Mr. stuart nd MT Whesisy M .A,sfs snos' ~
HOnr American Consn DOT written exclusively by TON
Tsyor bu, was the aiu proaoe OF Tom ia!lo1 s1s
vho was in ies-2 the play written, IN England
s 1882 the play cast and rehearsed the Adsph
ana al Tom Tsylofs interest In assigned TO Benjamin Neo
s the proprietor OF thst thester and the MANUSCRIPT de
Gred to him that the play wa. not produced ey "se.,c
bot subsequently assigned and transferred his sht to ssoee
Ssbe psyng him value for them together h TIE manu-
scrip, Of the play that sSee efSnss toe Ray to Ia conn
sneshiug the manuscripts and bis NIGHTS IN the play to h
widow martha nov MI Csapm1n .he 'ns, ne
The manu- crp with the tight OF sitting the play from MIS-
sbee. 1853 before the proceeding. we'e cmmensed ey
Laura against them and bore they commenced % ao
THAT they have this manuscript showing the Original cast
hs and are sssy s. oS Ty, h hss s s
ine play he owner aud proprietor o. IT. OF o. ne
sIole interest and that any assessment made by
rim sut s,-Quen. le5s was illegal and yoid
rr s5eponent also that he paylns toe psr from We
original script but with many alterations aud amend
re1ts entrey bis he denies ths he ever obtained
cory ofthe manuscript IN suovou mannet OF oy
secret informal given hm py any q ,he scn voc
par. but admits tst Joseph Jefferson, the original A's
fencbnd Introduced circumference IN es own par, whsn
letepresented it, to make more stIsctiye ana tA Mi
Jefferson being terms OF i.umAcy with ne deponen'
communicated the language and business. WHICH to hsd
hse added and which not IA the original play 20 The
doDcn being usual thine actors who sre intimate
tOsonugniests additions aud imgrovemsnis to each oiher
and Mr. CT having himself nl.de smi communications
eNr JeGerson he Admits tbs, an application was m'de to
,.s.sd through Mt Wh-sIry for him.elf and
d. deTonenl, thu suer~.ton OF the Court, paid
bs plaintiff OF 500 upon the understanding thai they
,oui have the right ard repeeeut the play without
fsrcton that lay his since ZEN acted in various cities
q the IN S.te se p,.ei hsvIs sssea N sssl,nGTr
PbdsPhs aud toson md nas ESQ ben frequently acted ~
LODd,n wthOu, oo,rsni Or cam BY tie plsiod that
TIM lay or wa: u 1852 an alien iesidins "a Ensi nd ,
Ckes maruscrip, altered sod amended by Mr. Clarke
ma be 9s: IN any way sSprS sse IL
cities without any reference on the part Of the psinh
10 hs, the statement , S o. is -
Mr. Wi ism Wheatrys affidavit alleges tbe purchase from
si be ssoee to have been POINT author Of the piece
Tom Taylor aud to have furnished most OF the elements
VA aa, an on ~. rooDd thai Mis-. h.ene bad
90 yrcht but the Court consderhg bs Meme en'ite
sy 1c il her empoymvnt thry had paid $50 and there
BY obtained the right to peri the cousoy without lins
lion; that The Court also dece-d that the plaintiff shou
nt nense them with fair copy Of thr manuscript but
ih had done and thai since tia, araEement
Asr tue rgsdns Of dsvt the counsel for the psin
tiff Injunction becsnse the statements OF the de-
tndsns Il sppeared that the psy acted BY them
identical with the play u.ed by Them
The Cour 1t wOud seem here the title IA IN question
Bow can an injunction be granted u mat case
he decision Judge Csdwasder, the Philadelphia suit
snd commenced reading from that deeisi ~
Mr. james objected that opinion not in the morning
papers and the having gone Oh on oompomse was
The Court hard thought il 10 the case but ws, willing TO
receive inoato The law from reports OF this State
Joun. r the plaintiff ryiewed the suit before the CIR.
cut Court Plaintiff sd brought sait in 1883,
rvpeseu stic piece 70 her knowese and hnl
d.c.or Lad be-, had on the question Of ow.r,p bew
Der and Mr. CLARKE. As h his ras Gdipdaeata
There tteu+nt f he suit bot on final hearing and
ola be- s.ed "eaei tie decree by nss,er
He read fon the decree holding though the plaintiff
o set fa S S. bee te anaatso
IL Electrical leprrse tst On OF 1t was an rAeiion Of her
Counsel 60 proceeded reed from Jodge Csdwslade
opinion the port on ereidins The iets Of owLsFshiP
Court That when the time be would be wiling 10 Try
he before jury but their opinion not the verdict
COME for plaintiff proceeded to that the claim Of
tile up the defendant fisyiis cise the
that upon and Lesayed Ia the opinion OF Judge
"a wi dtr Mr. Stuart not esopp-d Il course by de-
Gsn which be no party. bat bsSns dreded 10 rely
tie title Of Clarke he VS. thereby esto2ped iron denying
a. adjudica.ion on that title.
Toe lid ieuy wa, the facts that were before
the former Court ttfor, hiu IN tri Az the
facts OF the complaint wefr denied md though on u-
ss being pres-ned the pen'h should uinei-y succeed
this would not hep them a. lIrSebi' I've uopo.r"
th opinion decree could be uads evidence Of all The
difficulty with him tnst ii vas not evid nee, though
Counsel Tor plainta that the be sdouned to
Mr. Edwin james trusted thst His Honor wosd pronounce
IN iuedsfe decision ia this Tlefr no neeue
ior this apcs H. did not believe The, It rlnsae ID ron
tie sdy whose nane ed No claim "ss Ever made upon
M stnsri before card IL porting BE- "risn BY nT ?
pesred in The Herald. Ar stuart a. all who know him VII
admit woUd have treated application ~ sss koene nh
courtesy add Literally. No. coare nshgl'ui, su'gar
libel hss ren pnted aud crroted Under hr OF John
lvz aid be the lao band Of bis ic at-ctnz viii ca Al
sndcowaIy susi0 10 an eve1t wficu la colI al .is
hie cast gloom over "ch nptitf thf
generous symphy Of the public oispel OF alleviate At
taking Edw IN Booth, gentensu who La ntee,t or con.
part portion. Of tbs rsu cou The Council
here held ~ pinned picard ia Cou fhsis the motive
1 til proceeding and counsel drrPy regretted trS' the
q ls!y should be drgraded for suck urpo.o
The Court hereupon refused grant 1o irJuucton sought
kE
Tuu TKzn--Ocr. T. Before Jprii,e SicCrSy.
ANOTHER DECISION FOR TIM CITY.
squiTes Newbury agt. The Mayor, 6Se.-Ihis was
no claim ags.nst The city ior about sl51 NJ Dautd
s.sso,tng ewelsr ard dealer in jgweiy tho 20 Tenth
Hha ~ . Ia IL