The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-08-06
SupRE ne COUaT-sBAnBERs.
The New Comedy A" Caster Before the Court
injunction 10 Restrain Its Repr ssentaiion a
the broadway Theatre.
Raft Ind


The New Comedy (" Caste" Before the Court
Injunction 20 Restrain It's Repr ssentaiion M
the broadway Theatre.
Before Judge Barnard.
john Lester WaRaek o. Barney Wulapss and William
Florence The plaintiff seeks by injunction 10 resra
the defendants from producing representing at the
Broadway theatre the comedy entitled ''Case, -
which announced for its rs last
night. and sets forth upon AFFIDAVIT that May. 1907
T. W. Robertson. the author, sold to the plaintiff The
exclusive right to play represent in theatres New
York and Brooklyn the dramatic composition In ques
tion and the right Of Its exclusive use for theatrical
purposes In that district: that the play 10 unpub-
lished, being still in manuscript; that the do.
PENDANTS have obtained COPY, and have placed tho
play in rehearsal and had announced il for representa-.
ton last night and that John Lester Wallack the
transeree assignee Of the author entitled TO the
protection OF the courts TO and
from producing the play OF which he has the exclusive
right e.1 +t,+f
The AFFIDAVIT Of Barney Williams was to the effect that
he was the lessee and manager OF the Broadway theatre
and that the plaintiff was manager OF wellack's theatre
that deponent had advertised for his
theatre the play entitled Castc" that he had made
gagemenis with various persons including the defend
Florence for its performance and had rehearsed the
comedy and announced by nd, ertising without any
knowledge that plaintiff claimed solo right pro-
duce such play and upon information and beef thai at
various times in the city OF London, England, play
called Caste had been performed at the Prince OF Wales
theatre under the management OF N 81 Emily Wilton
that the defendant Florence, while q visit 10 that
city, the play performed there; that the comedy In
question produced and performed frequently and
criticised and reported In the newspapers, and that
Florence by the aid Of his memory, wrote play en
tied Caste" having substantially the sams plot and
incidents the play produced In London OF which T.
w. Robertson tho author and of which the plaintiff
claimed TO be the assignee, and that Florence there
tho play rendered by British subjects and took upon
himself 10 rememoer II and write play from such re-
membrance, &c.
Tho afrdavt Of w. J. Florence cot forth in substance
the state OF and addition that n
versation with W. r. Floyd OF the Varieties theatre
New Orleans sad Floyd told deponent that he had pur
chased copy OF tho play nared Caste and that he was
about producing IL in that city that Henrietta Mrs F.
s. Chanfrau, who is now engaged at tho Broad way
had been engaged by theatrical manager named john
II LelwyD, of Boston, 10 perform In the play entitled
Caste in representations to be given IN that city tina.
Wood whose place Of business was In Bow street. for the
purpose Of purchasing some theatrical properties and
that said Wood Informed deponent that no Wood
bad heard that Lelwyn had purchased from Richardson
the right to produce the play in Boston, that deponens
sas,e' was derived from the public representation Of
such play at London theatre in the months OF May
and June last. and that Mr.. Richardson, the original
author s English subject and that the plaintiff was
born ard is STILL deponent believes, British subject
Mr. Booth, for the plaintiff, held that this was an I'M
published dramatic work that dramatic representation
on the stage is not publication and mas never been
deemed such, and that the rights Of auther 10 his
unpublished production exists until such publication
s made. was useless he argued, to attempt to raise
the point that Mr. Florence had memory of so extra
ordinary capacity that he could witness threeact
play once, twice. thrice dozen times, and from re-
membranes merely rewrite q fac smile of such dra-
matte work.
A. Oakley Hail. for the defendant Williams, argued
that from the in which 1t would appear that the
author Richardson had sold exclusive local rights as
for New Orleans, Boston, New York, &C. he might, by
extending this practice and licenses for the
other cities, virtually Obtain all the benefits and prvi
leges Of copy right, although he was in fact, British
subject and not entitled to any benefits which might
accrue from such copyright
At the hour Of adjournment tho case was not
cuded. and defendants counsel asked that they might
be permitted to proceed tonight ast night with the
representation. The Court suggested an adjourn
mont of the further hearing until this morning, when
Henry Cram. Of counsel for W. J. Florence, stated
that 10 PROBABLE that he would he unable 10 attend
at that time, owing to other engagements. Plaintiffs
counsel objected TO permission being granted to produce
Casto In the interim but the Court ultimately decided
that defendants could produce the play last night and
that in the OF adjournment Of the argument until
Tomorrow morning being necessary defendants should
give the necessary security to-day for It's representation
tonight holding that defendants had been 70 great
pense and that the for two nights would
DO no injury to plaintiff, but that the contrary he
would be benefited by account OF tho advertisement
10 advance Of the time when he intended to produce tn
play.