The New York herald., 1866-04-21
the DAlY.BATEMAM CASE. )
Liability or = Father as Agent for His
Infant DsuShter-The Oyster Housc
Critics and Leah.
Before Judge Gross.

MAINE COURT.
Before Judge Gross.
This an sotion brought by Augustine DAILY against
HezeKiah L. BateInan damages the amount
OF $ll0 for rendered the defendant by writing
OF his daughter the actress, and by procuring
press fsvors for her in Phisdelpha Mr. Daily was The
first witness examined.
Mr. A. DAILY, being sworn, testified thai he had been
dramatic editor for five years the Erprcr and two
years the Coirtr; he engaged by defendant to
write memoir OF Miss Ba;eman and 10 80 10 Philadcl
phia during her engagement there al tho time tho mo
mor written Miss Bs,oman about 10 appear at
Nblos in the character Of Leah witness gave the manu-
script into the printers hauds. according 20 Mr. Bate
mans request and Il was for Gaie the theatre ior
nearly Eve wcrss during her engagement there he never
received any remuneration for IL from Mr.. BaiemaD;
Mr. Bateman, beaide- called wines. and told him
tina, his daughter about play in Philadelphia in
the character OF Leah for three weeks; while she
In New York the press unfavorabs toward her and
her father thought tha, the author OF the play bong
New York editor, might be cssfui In manipulating
the press Of Pbatelphs In her favor witness, st bi.
request obtained leave of absenre from o proprietor of
the Courier went 20 Phisdelpba, managed tho ai
Vertising printing, criticisms and Other newspaper work
calculated assist Miss Bstemsn, and her Is,her
pressed himself Satisfied with the manner in which tho
work DONE he returned 10 New York sf the end OF
his term OF leave OF absence had expired and
obtained extension OF the TIME; he then went back
to Philadelphia for two weets became 40 intimate with
members OF the there that be was allowed 10 write
what lao pleased in their papers In favor of Miss Bate
man; the second time bo returned To- New York he
engaged actress 10 support Leah %, her fathers re
quest the one ut first engaged did not suit Here Wit
Identified some newspaper extracts ss purs which
he had written In tho Ige and Inquirer for Miss
BAtsman He explained tho procoAao Of managing The
press by sying he had write up the programmes
advert seipeuts ctcasms. and at night be IN the
theatre 10 pay attention 90 and treat members OF The
press he gave an oyster supper once 10 those ndivd
usls TO influence them in Miss Bstcmsn's favor, ho
claimed SO week for these services and s1te for tho
memoir Of Mss Bs'emsn, he never received any com
t..t. NJ Hate
ON his cross xsmiustion witness stated that he
the adapier, not the uanastor, Of Leah com Tho
Geimsn tho irsnssior's name was Bionvillo; Leah
was the principal play enacted by Miss Bhieman
while she nes la Pli'ade 'hin witness employed
Mr. Richard NJ Henry suit which he brought sganst
Mis- Raiemau lac had no recollection whether In that
he hat defendant his daughters agent
the above m~iar.l memoir and went 10 fhlnio phla
on thc miff'' 'cady spoken of hn rscniyod
for leah 81" g Bos,on $40 IN New York,
and Tho procret hrnoh Ia Niblor which amounted
20 s22s; b" t".t ' Copyright OF The play in Miss
500 througn o. her .onssht, Tho services lie
ca.inrd gtfpft ,,t FOR rendered IN the
spring Of Is't - f can spoke 10 him about thcss
servless IN jnr w. sams year. bot OF since;
dsfondrr; eld go u.. i 70 i pa nta interest 20 go
20 piiadsip,ia; i - i''G own oGer In answer N
question pat by c'urs'i wiinn.s stated that he pro
sened his bali for he msnilnncd defendant
within the pan two uoushs, - he always regarded L,m
a MS daughters theatrical ss-pi.
fn dis.nfzion xb IN sfuse during this s19,nin ston
regard Dg the admission af .ertsir ryd-ps, ths council
Eos the pantin rfasILsd, 80 daughter ssya won't
ag.n snsw-rs 4 wos't psy q be.sass you trusted my
dangttor' -
. playwright for twenty yrxn and baf occasionally
stsi IN ths csscity Of thest~sl agent he valued Mr.
Day Philadelphia services a. f,5 10 800 per week.
and the from 40 10 500 n fnaac dInerrnco
worl OF that Kind IL tho author not well Known,
hs 10 Philadelphia agent for Matilda Heron,
u, had shsre in i'ie piof a. The appeared In ono of
M John @. ps,hss, hasbspd ef Naiarn. xs,hus
srhcsr, was the next witness lie stated D..
th-a,rssi ascni aud valued Mr. Dsiy's rhI-dsiphis
services ., SO wee managing the psss ba aid,
Ss as@ wss psn ,ss country p~ss sh -
Y, .asg.ls !, s..ssy Y..ag.s u y,s e.snss
had any business enpagemenn with plantin
cept acting bis daughters agent IN that capacity hs
agreed 90 give $50 or Leah the play became
a biography Of Miss BatcmAn, and no reference what
was made 10 rsinunornion ts bench, given to
nr Daily by tness voluntarily, - he had voluHieefod
so 10 Phi -elphs aud to write the memoir fnr him.
On hepr ned by District Attorney Hail. Wit
said that L daughter twcntywo years % sg@,
and wa tweniy.ons October T. isoJ be actor and
by prof ssion, and lsG3 he WAS acting tssi
iical agent tor h daughter Isah uass hnsreai success
ia Boston ard New YORK; th" mef1or ava not A..
compthh the purpose FOR "hch 4 Nss written, and
he therefore withdrew y, i Was never ussd w hiu
after Il nrsi Introduced alto Nhos theatre. He df
not hke ~ gye, ss he considered too nVpsn hs fct
snnoy,d that the Now YoIs pre- should cricss the
play Of TAh severely; hs Attempted Pkis-
deipbs system brre regarding the pres; bo vithdr~w
Leah for some ,ms scrount of the a'vtrn rFiCsm
which u r.re,ea tho play vas 10; 90 slrcrssfgi In
rhsdolrhs u has been N New Yor. b. rstn plsn
TIN bsnsbi n or sbout the time that the fhiizdsphA
servcss we're rendered be was ra my doisfs ssci
for sring a. his dss sgh-r sgeu ht The tfnr that M
Daily went To Philadelphia TO writ up - hsieusn the
play thsn belonged 10 her sitnefH pf-parsd The bills
and siyrftisemen Tor the play durug the engagement
A. Nbiof Mr. Dtiy nam" appeared on the bills a. hs
benefit, and while they IN rhsdelrbis bat vii
could rem,mbsf vh.thef appeared GA other
AsonG
Frantln J ou@rob beng sworn t.susea TIA, he
nansging editor of the New yofs T'ns,i a.
present. la Atsd a. agent fer M bsismsn,
bat nct In The msnnrr spoksn "f IegarinG the fhhs
arphis rr~ar; 81 the time b. hf B1t~nxn'. srsnt
be the TSttss< he rsreivsd go ~ess for bis
service. agent he val I'D IL m~uoy SO ard ssd
he would have rons to Phsdslrh.s unss thr srne ,if
suussbces fer ga week and the pay nsrt % hotel
srpenssr; brs sngagsnsat With M Bs.rnAn lssisd
twelve weeks
Mr. Dzly sssn called The stand sBs Led that
before he Philadelphia h. rsssved ~ essiunn
for his work the sith wts D. connected,
be received sbOnt t,oe fom the play 81 Lab hrOugb
The privilege sT.n,sd him " sny cty errsyi
New Yoft snd BOsion.
The Jury f.,gru"s . vsIdci for NE psisiir for 'hs
f1 amount lie stasd, With costs snd -IiIh ss,4nsc