New-York tribune., 1875-12-11
ADAPTATIoNs AND STAGE RIGHTS.
THE SUIT OF MISS BATENaN AGAINST AUGUsnN

TIE SUIT OF Mss BATEA4N AGAINST AUGUsfiN
DMY-JUDGE DAVIS DENIES ~ INJUNCTION
II the suit of Mrs. Grove Miss Kate Bate
nam aeanst Augus11 Daly TO RESTRAIN M DAILY from
playing The New Leah" u. ground that he had sold
al his rfs ia "L.ah tlc FOrsaAeu" 70 Miss Blteinan
and that Tie New Leah substantially the same
q mot lion Tor an injunction pending TIC sui Was Ife-
seutoG 20 JUdge DAVIS yesterday.
The plaintiff &lldayts have been already eiTcn in
Tn THHrNE NJ. Das = answering Sh~ayt sets lor1A
that ia IsG2 be made adaptation Of Deborah" and
named il Ieoa the FJrsaben" but dcuies that he has
ever sold 90 aiutn or any other person III Lis rights in
ha adaptation, the sole right 70 perform IT, lie made
a. agreement with II. l. Bat,man, tie plaintiffs father
mat the play should be c0pyr GIFTED III Miss Batemans
name. ana that H. l. Batem~n should have "a
ropy Of The play for representation IN LIE
United States and Great Britain. " upon tie sub
..oucnt agreement nevertheless and with the knowledge
Aad consent OF said II. L. BatcmaD tAat Should
r. tln ana a; all times since have retained the iul fgnt
o. r,urcsantlug said drama Ia the UnIjed etaJs
vbeever the plaintiff should he absent from the United
States" II L. BateInSn agreeing TO pay S@oO ala Tie
f-rher sum OF $3.50 for TIE right II performing II u
rrat Britain aud IreIanD. That the play entered
for copyright IN Mss Batemal's name as proprietor
mat $50 was paid by BeInan, but the other 200 has
never Deen paid and stn due That Miss Ba'enan IN
England. had q new adaptation Of TIE play pre-
pared for her. known &s Leah and abAndohed
M Daly's adaptation, aud has not for years
,erforped IT, That M.ss Bateman married
Az Fnyli.hman and has intent to return 10 tins
eoutrv one reason for defndanis So believing belns
ierer ~ n=hed Oy the attorneys FOR thf pdlnln re-
GENTLY iu TIE T.IBUNL. Mr DAILY ADDS tha. ne hta re-
peatctv cscd the play 10 De PERFORMED ara ooi Ieus
e Uefrtn b III tl- country without any OF ecuon lfci
etber Rs. Batcran her father. he admits making
-e0ucst 20 Harold l. BatonSh for leave "a pay IT. Dut
cav taf ne dd IL merely u prevent trouble lie sas
inc Nrg Leah" was played SIX 1mes &ud theu Nl'il-
drawn al the instance Of Miss CARA MoflS, m.o a.
eus advised her 70 acting. re claims lhat tAls
sgpt0n is new, hut fof tie present he states he Las h
Of playing it, though lie CLAIMS nc Las me sul
~ MAY either adaptation O1 tie Original play.
alnuaYlt, Ar. Da4ys couLstl
fhaf equities the Wefe litF
Senied. that the afhdavif of Harold L. batenhn war
made 1y man young 70 know the cOtempoi aneOls
niatory of contrac, ma0c many ears ago thd', ci
co,re no question under the copyright ac cOud come
uo ip state court ana thai II appeared DY tue h'H
sfeJayts that the aaiap,aliOn nad been printed
Harold l. Bateman refufd Win some warmth tDdt we
facs suf ceuLly appeared in TIE sun De"coh ie 4ai
80 NJ Isy In he Marine Court, where receli n lul
T-or NJ Dalv vas proved Tie printing Of thls play
" one uf the acts o. MI DAILY which te plant PAD
tsleer 4 10 Mn Freneh b. published Or c0uTse inc
plsptd did not stand On copyright DuJ common lN
rg.t II lrgger Ia would s0@ mat tie pi"s "ab No.
'sbdra M Lirou Mss Morriss illness, Dui On account
a. ~ I,alyig brutal ana gross -tTCatment Oi her Inc
uiantif As INSISTED, should Dc protected by an lnJ ah'
Ton ,.,... .. a.. .,o,,,,.,, ,,+ ,-e-e
al u0ritlyoiy denied ana ds there was hy iiiie-.ic
oct III tic play being performed, he should deny tc
irterlmrf0ry Injunction and leave the matter Z" reS
lsr lral out with leave - lhc plalnI ~ Apply az"
sbculS the play he Of'crrd again IL L. La cIDah al'
nea-ed FOR Plaintiff OlIn kiTes Montgomery lof -
feudaut