New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-08-29
THE COURTS.
FOUL PLAY" IN COURT.
THE LLOYD HARKINs COMPLICATION.

vi TheatpT
Nj Justice Barnard, in the Supreme Court Chambers
yesterday morning npon motion by MI Booth counsel
Tor tho defendants TO have the order OF injunction 80
modifed as to be order TO show why iDuno
ton should not he ;ssued accompanied by temporary
stay. Mr. Shafer counsel for the plaintiffs upon the
ground that the injunction had been duly issued and
served and dsregarded moved for orders Of attachment
against the defendants The order asked for by the de
PENDANTS counsel was granted and the OF ooh
motions postponed by Judge Barnard until IL O'CLOCK
AT that houI, M ohler, oeIOe arguing t9 his p,ac
attachment occupied some time In arguing MS ouev
tons TO what he termed the sharp practice VI MS oppO
nents In obtaining an order to show cause why al i
junction should not be granted, two Gays aIter the
injunction had been granted. and after inc parties
restrained had committed contempt OF Court by dsre
gardinR IT, He commended that the only proper pracuee
for the defendants would be- upon the Issuing OF the IN
junction. 20 70 set IT ASIDE but after receiving and
violating the injunction they thus committed contempt
Of Court and we're not In position to make any motion
whatever the only way for II 10 be brought before the
Court then for the plaintiff TO for an order OF
attachment for the contempt, which motion could DO
he had stated TO the counsel for the defendants that they
not In position 70 make any motion, but u had
been represented him that the injunction had not been
violated mat tne play prOduceu az the blosGim99
Theater was not the same play that had been enonea
although similar in tte and that upon these representa-
tiOns he had granted the order -
Mr. Shafer said that this was not so-they wonld snow
that the play acted during the last two nights AT INC
Broadway Iheater was verbatim et Heratm ne w ~
acted at the NewYOTk Theater with the exception OF te
part OF the dialogue aud in it ne believed Penfod, the
character assumed by Mr. Harklns, dd not appear IN
fer said the proceeding by which the defendants had
endeayored through an order 70 themselves 10 snow SNOW
the jHTncop on the plaintiffs was most ingenious, but
Unprecedented aud could not De maln,a . ;s
20 shOS that the plays were ldenucal ana lne LJuuO
ton had been violated the attae6ments must ISSUE anu
their TO the inerrogaores IN the contempt pro-
M shafer then proceeded to read the afidavits to
chow that Mr. Moore and MI Harkns were ouy ser'eu
Mr.. Traphagen, Mr. Moores counsel objected to the
reading of afhdavits against Mr.. Moore, who was not
present and who had no motion before the Oour' anu
Wal UOt summoned
shsfer said that this motion was an "a Pare one on
which it was necessary Mr Moore should be present
He had adopted this course under the suggestion of the
Court. Mr.. Moore, who could make speech from the
care for Judge Barnard's order" was not too thin
skinned to be much hurt by the reading of these ada,
speeches OF Mr. Moore and Mr. Harkns and stated that
handbs had been issued stating that notwithstandng
Under these circumstances the talk OF substitution OF
MI Justice Barnard said that on these aidavits he
should direct attachments TO issue, nOnDaabe IN lne
OF Mr. Harklns, and DaaDe IN OVVl ID the case VI
Mr.. Booth. Of counsel for Mr. Harkins said that he
be heard but if he might speak it seemed TO him harsh
discrimination against Mr. Harkins who, according to
Judge Barnard then directed that both suits be made
nOnb aiable and returnabe forthwith. He directed,
however that these suits 1t being then only CLOCK ~
should be served at reasonable hour before the com
mencement Of the performances He had supposed both
order OF and the suit OF injunction that as
they granted in time they would have been served
TO give time for new arrangements.
Mr. shafer said that behalf Of Mr.. Averills office,
he wished to explain that they gone earlier to their
MI Traphagen begged that His Honor would not make
the attachments non bailable. II time were given he
Mr. shafer insisted then il should be to-day Their in
terrogaores all drawn, and If he came into Court
minutes and his whole case would be disposed Of
Mr. Taphagen said it would be impossible 80 dispose OF
u to-day, unless the Court would sit very late.
Mr. Justice Barnard said he should not SIT after p m
Mr. Trsphagen said this was still stronger reason why
the baabe attachment should not issue as ms cent
until Monday morning. and then the Court mlGht ma
there no cause for his punishment lie would De re-
EpOnsble for his appearance on Monday.
these parties; indeed he had never them to his
respect for its orders He had been trying for some time
fail enforce the respect due to it, he would feel 1t
cessary TO practice at its bar Would the other
side stpuate that the play should not proceed TIL Mon
Mr. Traphagen said that Mr. Moore was but the agent
Of Mr. Williams and did not control the acting Of the play
play in this playf Win you, Mr.. Booth, stpulaJe that
Mr. Harkins won't play in 1T
Mr.. Traphagen said he would for Mr. Moore.
Mr.; Booth sald that he would agree for Mr. Harkns
Mr.. Shafer said that would not do; that was mere
Mr. Justice Barnard then said the attachment would
issue against Mr.. Harkins at AS 10 Mr. MOOres
case he would decide conclusion of discussion
was not he said, new order show why the in
Junction should not dissolved but change Of the orig
show why injunction should not issue
with stay in the meantime There had been no time to
draw opposing aidavits and the motion up prac
oaly on the plant's papers He Thought he had pre-
which on the plaintiffs own facts was fatal thh.
The Court here stated what II supposed were those fs
when the nldncton was granted MT Booth stated hat
must be presumed that he had set out all his title.
which was that ne had procured Incense from nr,
from Messrs Bo9cieaut and Reade TO perform the play
from an opinion OF Judge whose abilities ms Honor
would net dispute that this not enough In the case
Barnard. in Which Nj WALLACE claimed to be the sole
hcensee for NewYOrk and Brooklyn Of the play OF Caste
tf, the Court bad decided that license for locality
conveyed only qualified property. which Odd not entte
for the decision but this was the first ground assigned
judge Barnard said he remembered the case but he
did NOT remember that point being decided He would
Mr. Booth said he had other points, he did not know
whether the Court would accept them in the present
shape, but II might take cognzanee OF what appeared
before Its eyes Messrs. Reade aud BOucicault had
together written play, the manuscript and literary
property IN which had been sold to Mr. Palmer and this
manuscript which he held IN his hand Showing
large folio manuscript was the one which
between Messrs Bouccault Reade and the former had
written another play which he now showed the Court
lholdlng up small pamphlet and this entirely differed
from the other OF the characters in the being
HaTkins Lloyd were partners the title 90 the play
The Court said that these facts we're not properly
Mr. shafer argued that the case Of walack agt Flor
enee turned, and was really decided very different
points and urged that 1T rate while the defendants
IN fragrant contempt, they could not be heard by
the Court. The decision Of the Court reserved.
After the serious argument George the Count Johannes
asked leave 10 address the Court eu and OBJ
tanning IT, urged that there being international copy
night as he knew by experience nobody had any right,
and the having been wrongly commenced the de-
Pendants had better be discharged LD. adp rHh
CIVIL
In the United States District Court, yester-
day, Judge BlatCh'ord gave the following important
opinion touching the power Of United states Court
Judge 10 relieve from confinement for contempt Of court
m The matLer Of the attachment AGAINST VIM. Mnllee,