The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-27

Boston-published with solid covers in green and
the e enserpr.se Of the publishers here and UPON
this objection application was made yesterday, be-
fore Judge Lawrence for an injunction restraining
"Uiiss, the Idyl OF the Red Mountain"
AN ALLEGED LITERARY FRAUD.
Bret Harte, alter recitlng the facts given above.
showed the pamphlet edition OF the book In
question, which covers l4S pages, showed how the
title page made II appear as the sole production OF
Bret Harte, showed that the opening chapters as
written by Bret Harte, close with the thir yourth
page, and, In conclusion, showed at the bottom OF
this page the note. 1.-The remainder OF this story
was written by another hand than Bret Harte's but
1t Will be found equally interesting and able" He
pronounced the whOie thing a fraud q clearly in
tended and unmistakable fraud. Persons would
buy the book SURPRISING Bret Harte wrote it, and
then, getting through few pages, would discover
how they had been imposed upon
LITERARY LUSTRE
"But the rest OF the book is much better writ
ten," interrupted Mr.. Warren, the opposing coun-
SELL
eyes; know in the answer" replied Mr.. Walker,
it is set Orth that the rest of the book adds ustre
to the name Oh Bret Harte; but the word lustre
Is misspeed as well as the TACT being mIssta ed.
VIII read portions OF both to the Court, to let the
Court judge Tor itself as to the relative literary
merits Of the two WRITER'S"
SENSIBLE JUDGE.
"Excuse me-" sa d Judge Lawrence, at which all
laughed, and then added 'the question as to
which Is the superior writer forms none of the
merits OF the case"
sit is CERTAIN" persisted Mr.. Walker, "that the
literary merits OF my client have been greatly
damaged by the publication OF this book" He then
entered INTO an elaborate argument as to the
rights IN literary propert'. He cited various
ENGLISH CASES,
including one In which lord Byron was party,
ana how, through an Injunction, q volume OF
poems cialmlns to be his Was prevented from
being sold. lie then instanced various cases here
wnere newspapers had been prevented taking
names very similar to Others where hotel pro-
prietOrs had been prohibited stealing the names
or other notes, wnere publishers OF songs had
been re trained ron poacning on the manOrs OF
other song publishers, and so on. All the cases
were curious as well as instructive. In this con-
nectiOn he also read cOplOusly from SnOrtt's elab
crate work on The Law Relating to the Works of
Literature and Art" Revertlng to the respective
merits OF the two writer's he said he gave the book
was that the plot was pretty well worked up, but
after all the latter part reminded him OF cham
payne that had stood with the cork Out-rhe
sparkle and bubble and lie were gone.
THE PUBLISHERS STORY.
In replying Mr.. Warren read an AFFIDAVIT OF the
publisher saying that the book was a reprint from
the newspapers, that tue story mad never been
copyrighted and. therefore, he had right to re-
publish 1t. He also read the a1idavlt OF
A LITERARY EXPERT,
pronouncing the latter part OF the book much
better written than the fore part. He also went
extensively into the law on his slde and thought 1t
queer that years should DE allowed to elapse before
bringing this suit. lie made strong point OF
the damage TO Bret Harte's literary reputation
In the part written by Bret Harte ne had found
the words "the damned Little cuss" five times on
SIX pages. lie then read from TINS part OF. the
DOok causing much merriment. q description of q
CLERGYMAN'S VISIT TO A SCHOOL,
and how, on The clergyman telling the chill
dren the biblical story about the sun and
moon standing still, bright boy jumped TO his
feet, with the exclamation, 'lt's damned lie. L
Alter SONS further argument Judge Lawrence
took the papers.