New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-06-11
THE COURTS.
MARK TWAIN's SUIT.

HE TAKES EXCEPTION To A PUBLISHERS METHODS.
A curious suit came up before Judge Ingra-
ham, yesterday, in Chambers of the Supreme Court,
IN which Samuel ], Clemens. better known as mark
Twain,"is the plaintiff, and BENJAMIN j. Such, pub
Usher defendant Circumstances led the action
time in April, whom Mr. Clemens called upon at his
residence In Hartford. by gentleman who in
troduced himself rs Such, and who sought to
induce Mr. Clemens 20 write for him an
original sketch to be published in advertising me-
dium which he was abOut TO ISSUE Mr.. Clemens de-
sined informing the stranger that IL would be mpos-
sble for him enter into any engagements for the
production of literary matter he expected soon to
start for Europe. and already occupied In
writing book. He told Mr.. Such, more en-
phatoaly, that he would not write him sketch LOT
$1,000 but finally consented to let him particular
one OF certain number Of sketches which had pre-
yiousy appeared in an English publication ana ME-
Clemens marked of the few that he was willing he
should select one from.
The stranger departed, and nothing more was heard
from him until the day prior Mr.. Clemenss departure
for Europe On that day. while coming to New-HOrk on
the Hudson River Road a number OF pamphlets were
distributed by newsbOTs among the passengers Inc
pamphlet thrust into mark Twain's' lap contained on
It's highy-colored large-letered cover the following
catch-penny heading: "Fun, Fact and Fancy. Coee-
ton OF Original Comic Sketches and Choice Selections Of
Wit and Hnmor. Curious Dream and other Sketches.
Revised aud Selected by the Author Mark Twain Price,
10 cents" The smile which the object first awakened
changed into genuine annoyance as Mr.; Clemens dis,
covered instead Of the sketch he had consented
to have published IN his interview with Such, who was
the publisher of tho pamphlet all the sketches he had
marked out from which TO make the selection, were re-
produced here and his name was used with unwar-
rantabe freedom Besides these the book contained an
article entitled Self Made Men, credited also TO INN,
although he emphaucay declines TO father it. The very
day left for Europe suit instituted in great
haste and Judge Fancher granted preliminary injunc-
ton.
The argument yesterday, made by Simon sterne,
Mr. Cemenss counsel for the purpose OF rendering the
Injunction perpetual The complainant, besides showing
tho already stated claims damages TO have been
inflicted the extent Of $4,000 as the negotiations at
that time pending between the complainant and GER
tain publishers were materially interfered with MT
Twain also states that he would not have had his
sketches appear in this form In advertising medium
$4,000 for the simple that 1t is an impohuc
thing author whose composition is characterized
By its humOr. TO publish IN disiOnted collection Ills
humorous sketches The defendant appeared by Messrs
Traphageu and Matthews. He admitted the CONVERSE
tiOn with Mr.. Clemens substantially stated above,
but claims that he authorized TO publish all the
sketches pointed out to him As TO the sketch
not written, by Twain he excused 1t by stating that ne
found it az he PiHV PhoOto, credited 70 Mark IWan
Judge ngraham took the papers, reserylng his de-
CislOn