New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-09-10
THE COURTS.
THE ."RosE MICHEL SUIT.


SUBMITTED IN CoURT-TnE GROUNDS OF Dr.
FENsE-EAIsTENCE OF SALE PEioR TO THAT
TO Mr.. SHOOK CLAIMED.
In the matter Of Sheridan Shook and Albert
NJ Palmer against Augustin DAILY. Morris Smmonds. and
Horace WALL for permanent injunction to restrain these
three persons from producing theater or publishing
any English adaptation Of the French drama 1t" Rose
Michel" the papers yesterday presented TO the
Superior Court. before Judge Curtis. ExJudge Often
hoefer and Charles W. Brooke appeared for the plaintiff.
and w. d. and Walter f. Smith for the defendants
Documents road by Judge Dttenhoeer Getting forth
among other tnngs the following:
That Sheridan Shook Is the and proprietor OF
the Union Square TAeaer in The CITY 0 Newly YORK. and
That Albert 81 Palmer Is the manager thereof tha The
plaintiffs coniony. the owners OF the original man
French language, and entitled Rose Michel" which
drama wholly composed and originated by EIhest
BluUi; that pl.nts owners and propretors OF an
original En- sL translation mad and composed oy Tie
said author. ernest Bum that saiu di,s nas never
been pGbhhe IN Ia. French sase nor mas any u.' MS;
n sV of ,d dpinai nianuscrp,s In Ensiis and
French by pa. chase and assignment and IN c"nsieiai
author Of said play, its said author aud translator
that by virtue of such purcnass the plaintiffs became en-
said play throughout all the territory OF tho United
States, excepting NewEnsland; iaat owning SAL MIL
scripts and the proprietary r.t therein, tie ain.S
have made certain arrangements ior tie rlteScna,on
that sp f at are eA' h s "0 and SoTo tat
the defendant DAILY, lessee Of the " Fnth Avehne
tenioH to represent said Slay MS sad lheat,r not
whstandng tine plaintiffs exclusive u'ie thee.o tai
said defendant d. claims To have obtained u .'eili
simulated translation or coOiaDc "ttsIon V '.u
PLAY or Manuscript the English language from tie ue
PENDANTS MOrcis SimnOEds ANA Horace Wa whicl las.
named defendants nave threatened To seI ot!e cope .!
said maIuSsr pt PLAY Throughout the uhileu n,".oS,
thai ire claim Of said last named dctendahts Is uteIH
fraudulent, and "a0Solutely denied ana icpudasu nS
toe said author, by whom no sach Esht Oh Dow naG
conferred upon or granted 10 eIner Oh b sa
taneu thereof iOusiy ana i'll liaud OF
the rights Of sad author ana vi Inc plah'As
tha. 0efemdlpts were informed by the said Or.sinai
Of the exclusive Tue plaiht!lo
aforesaid and tiat any other claim OF uc therein wa.
absolutely fraudulent ana void that plaintiffs nave ho'
only aii out ANA APPENDED large sum of HONEY III pun
cha VI SAID manuscripts. but snoh play was 50 pucsu
and acquired nat piainins sLod nave tis eAcius.'d
Iign 60 lne same and 60 the tneeol SH
exclusive right ana that they can Dc pfoieoIed
by me courts therein
The following kilograms which were presented among
She other pap gwen in the order they were 40
ceived and read
MIcHArLls GEoYrRoy MARIE, Paris: viii give 81 COO
for New-lork ana 80 night outside OF Newci9rA
Play 10 he iInlrIhtoI PAiAEh' N A.
FAL4E, U',,oa Square Ihcater Thousand dollars
twenty peri FINANCES SewN Oik; forty nightly; a-tc
thirty outside. NeS-Ensland excepted. Di'patch.
ni0uAsi's, GfofrSor MARIE Paris: PropSsiGlon
sSeSidin snocR This is necessary to comply wl recent
NicaArils GEorfRoY MARIE Paris: DAILY announces
prodI.etOa ol Lose Mcncl." To stop aim W. nlu5t
media;eIy PALMER
PAlMTg Iuioa square TheGt:r: Days announcencnG
March I3, le7o. -
PAAaAi., nion square Theoter, n. T.
No connection whatever With wall MlCHAELlS
March Ii, 1879.
The affidavit OF Sheridan Shook, which next pre-
eented set orth March Il, $780, AusaStin Day
sent cable dispatch to Theodore icielS as follows
"Haye purchased Rose Michel fron Wall Is he your
agent3-D.ly." On the day Mr DAILY received an
answer follows: "Eall no connection Rose Mlche
sold-McEaes" The affidavit, Of ~ Fart Jackson, next
read set forth that lie believes that Mr. Days copy OF
the play was obtained surTeptitiOusly The following
telegram attached TO the affidavit OF A. NJ Palmer
Shook, FOur.eerJh-St and B!OaQNay.vWal OF - tN
nad rights i'll Rose Michel hHoOk ileLt eAch-
Gye BLUM, MICHAELIs ~ CLARK.
TIC affidavit Of Mr. Palmer states that at an nter'ie"
held at tae Union Square TheIer, H)race Wall hid oid
hin, that he had no copy OF the play; that in money
transaction Michaclis had wronsed him tWalD ami he
took this means of getting square with hin wall ex
pected 10 receive copy by the next mdl.
Mr Bosti Oh behalf of respondents raised prelimi
M, obecton which, he held, dsposed of the whole
cou laint FIRST the bill is mniiia.ious, because 1t
claims relief against defendants o. herent character
A. the AGENTS Wall simnonds. are not connected "i'n
the performance and an ,ncton sLond mol issue on
mDltitari0Is bill second tho OH IS dtndrrdDc on rs
face. because several causes OF action Fe unei-ple
ernst DAILY restrain FROM producES the play.
and The Otner to RESTRAIN 5lhnold' "tu rom sain
it and third Decauee SnInon A. ~ van nave no ''nt
interest win the manager and should rot he ihdd III
e d nd be would hear the aiiayits before dis.
posing tho objections. TAe Court tnen TOOK recess oi
ATT recess, Mr. Booth read an af l.yit from Mr. DAly
that purchased the play RON Bum bit iound y nil
FOR production before f4fth ANendo Ineaier andehces
and Sbseq emily pu!cA.seu Va ia.',lCn ~ ~ 'L", u,
cO-.efendant aud tlai 1T was VICIOUS French drama
~ il to tIe dendlnts hands; ana tnat IL was
attic defendant purchased tie li-J I!Om the ageES,
slmnonds Il Wall, tiat pinuf sheridan shook, began
10 ably for purchase the author, III defiance oi
previous sae t. l.. NJ. Ba3lis. whose vile 10 Mary
Gladstone, an English actress.
Nil. Smith, as attoIncy FOR S'mmonds Wall pre-
sented an addayit OF Mr. Wall, weh states that ne had
accompanied Miehaelis to te play at tie hoaer in
Paris; that he had purchased the II ai IN England ana
America that lie afterward sold the right in England to
l. NJ Bay,es and that of Anne ie' to Asstin Day ihe
trans lion yered 10 Ny. DAY % Dcin.i NrDei
March ~ the title OF tie play was copyrighted ny
elmInOmds " Wal.
Of the Court Nj Dalys version Of "oss Michel 10.
gc.her wA Mr. SHOCKS version but tuls MI b'oth de-
After tie defendants rested there considerable dis
Should BE- admitted. 1t was finaily ad1itiod and SET
fort. That CLARKE sod the rsDt OF roncti2n o. the play
IN England t. Mary Gladstone and JO.n lljI!neahead
witt re stipulation tnat II was mol 10 oe pdDlshc1
THIS aiiid lv.t was travn in London
TIE gument viii he continued at IL O'clock to-day.
IITIeA. ION con, EENING "AEOUND THE WORLD IN
KIGHfY DAYS"
Another suit to restrain the pei or1nalco OF q
play have been argued yesterday before Judge
Curtis. Thomas Harry French and lmre and BDiossJ
Xiralty sue james Il. Connolly aud Charles E1n ard
Pellet restrain them FROM performing the play OF
Around the World ia Eighty Days" or anything taken
Sro,n jules VerDe's novel OF that nlf- tn Complaint
u tls sets on! that Jules Verne ana Adolrh
OEnuo:y naving Jointly dIamatzei the move the iai
it's bought, through Theodore MiCEc!is. the manu-
soripr ana exclusive right 10 produce it Ii this
conn:ry Yhc deieniants in the case, wlo have pro-
duc5d O play Of the name at The Grand Olerd
House. aud about to produce IL Il. R)tAestei,
Siam tliat thoy the play Of Verne 1Dd
DEDrery. and know nothing OF spn that their Play ~
nj eDtiry independent decentralization 81 Jules Ncfnes
story which Eal become common property by putca
Eon In this suit Mr.. Booth appear: for the plant Es
aud taxes sOInev hat adv anced ground as TO ahIr
rixhs W. H. Scnnney appears iOT the defendants. As
MI Booths positions tine two suits appeared 10 DC III
consistent. Mr DtGBAoeirr asked him. Do.Ore opening
the Rose Niche" case, which he desired 10 argIc irst
NJ Bnrh sfated faf inn suit cOncoli.ng ArOlnd the