The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-10-08

junction based three aidavit and held that the
material allegations set up in the plaintiffs complaint
were not IN point OF fact precisely denied II was true
the defendants swore they had not obtained copy Of
the play surreptitiousy, but at the time ad-
mted thas Mr. Joseph Jefferson had communicated
raj additions ami changes in .he piece as u had been
themselves admitted the identity Of the play. There
no doubt that Mr. Clarke estopped from setting
courts had already passed and was therefore res ad
j~d.oata II Mr. Stuart was alono in the matter,
as nG so p ssps Sy s
the present instance being codefendant with Clarke,
and setting up txle independent OF Clarke and rely
ing entirely upon the right and claim Of Clarke there
existed prvy OF interest between the defendants
which reacted upon Mr. Stuart and esopped him equally
with Mr. Clarke In other words Stuart attorned 70 the
rights Of his codefendant Clarke As regards alleged
payment Miss Keene OF $500 for license and clean
copy Of the play the counsel COMMANDED that that only
gave right 10 produce it at the Arch Street theatre,
Philadelphia and not in the city Of New York twas idle
70 argue Miss Keene had waived her rights because
with injunction to restrain them whenever they at
tempted to produce the play in question This was the
first time, he believed that an attempt had been made
theatre under Mrs. Wood.
Mr.. Booth-We, was not aware Of It. 1t is the first
time ut all events In several years.
Judge Moncrief said that the great difficulty under
me was @ n .re %e1s
nothing Of the kind. The defendants claim that
the play Is the joint ownership of nsssrs Taylor
decree ID mot against the same parties. The
application or the plaintiff Is based the sole pro-
pretorship of literary property That fact Ia denied by
the defsndans The universal rule that when title
TO property IL disputed Injunction be granted and
where an Injunction has been granted 1t must BE- dis
solved He therefore Of the opinion under all the
circumstances that the order to show cause should be
discharged and the application for an injunction refused
without prejudice however to the plaintiff moving here
Mr. Booth hoped the Court would allow the motion to
stand over In order to afford him an opportunity TO
incl he
ceedngs la affidavit
Mr.. James had objection to the Court reading the
elaborate opinion of Judge Cadwaader which was most
instructive and interesting, commencing almost far
back the food but he trusted that his Honor would
pretence for this application He did believe that
1t emanated from the lady whose name Is used. No
claim ever made upon Mr. Stuart before card pur
porting to be written by her. appeared In the New YORK
HERALD. Mr.. Stuart, as all who know him will
admit, would have treated any application by
Miss Keene with courtesy and lberality. No.
coarse malignant, vulgar libel has been printed and
circulated under the of John Lutz said TO be the
husband Of this lady, attacking with cruel and cowardy
illusions to event which has clouded all his life and
cast gloom his spirit which nothing but the gener
sympathy Of the public dspel alleviate
attacking Edwin Booth gentleman who has no interest
or concern or taken any part this transaction
The counsel here displayed to the Court the following
letters Of Mr.. Lutz.
JOHN s. LUTz TO J. 8. CLARKE, OF WINTER GAR
DEN, NEW YORK.
PIrrsBURG THEATRE, Sept %, 1855.
SRI perceive by the HERALD Of this day that you
have underlined TO play Our American Cousin at the
Winter Garden. 1t Is the property Of Laura Keene,
which you are fully aware Of She has refused to self
the play be performed in New York city, 1t her
determination at future day 10 produce herself in
New York.
In speech YOU made recently at the Winter Garden
you said you had endeavored to fulfil the duties Of
sgood citizen" Allow to say you have bad way Of
showing it, II you steal the property Of q woman, which
Is not far from shooting man behind his back, and
believe would as do the other. You and
yotr partner, Ned Booth, may think rig4 10 do either
As he is associated with you in the Winter Garden take
for granted you have consulted him before yo u0tld
the property Of another shall advise Laura Keene
to bring suit against you and Booth and at the time
publish you for having stolen her property This is all
woman can do am man and can defend myself In q
manly manner:
JOHN 8 LUTz, Metropolitan Hotel, New York 4
THE NOTICE SENT BY MISS KEENE's LAWYERS.
Messrs. CLARKE STUART, Managers Of Winter Garden
GgSTLKxRS-our American Cousin is advertised to
be performed this evening at your theatre winter Gar
denl.
Miss Laura Keene the owner Of the play instructs
us to notify you that any performance Of without her
to IL; and that further instructed TO commence
legal proceedings for any such iniringement Yours,
&c, BERRIEN MACGREGOR,
Attorneys, &C, 1898 Broome street, New York.
METROPOLITAN HorEI, NEW YORK, Oct 2, 1885,
W. STUART, Esq-SIR-I presume you received no
ticc from the lawyers Berren Macgregor corner Of
Boome street and Bowery that they sent Saturday
II moi, notify you that you will be held responsible,
as well as Clarke and Booth, BY yours, ,ou,, ,,,
N. B.-I can be found at the ONCE Of Berricn &
Macpregor today. LUrz
This is the motive for this proceeding and he deeply
regretted that the name Of lady should be degraded for
Judge MonCref repeated his former decision against
the order TO show cause and the application for an in
junction.
The spectators Immediately withdrew, followed soon
after by the counsel and the parties TO the action II is
Keenes friends to vndicate her right and claim to Our
American Cousin.