The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-10-23
THE THEATRICAL SEASON In
COURT.
Red Fire and Blue Lights.
The "Two Orphans" in a Tableau.

destined to have run before Judge Hawkins,
judging from the crowded house present in
court Friday morning. The young men were
on hand in force, anxiously awaiting the
arrival of the fatherless, and although opera
glasses were not allowed, several went across
to Prats's to take look at the ladies through
other glasses.
| On all sides there was exhibited more
jovial feeling in the audience, and it was hint
ed, in addition to the play down in the bill,
there would be farce added. There were
several new lady characters in the cast for the
day who were not present yesterday, and their
presence gave to the scene ivelier appear.
ance. Delicate fans futtered before the bar,
and bright eyes flashed out like calcium lights,
whilst behind the supers moved back and
forth in dreary array.
1t was patent from the severe and deter.
mined looks of the attorneys of either side
that there would be some heavy acting, and
the small boy who went asleep in the corner,
with the re quest to be awakened when " Hor-
nor dies" slumbered restlessly. It appears,
however, that the dramatic require ments oil
|
an event, for that gentleman repudiated that
business in his part, and would not die. Mr..
Rice was moving about, arranging his legal
batteries bound in law calf, and with quiet
air waited for the call boy to ring for him.
| Three blows on the bass drum announced
the opening of the overture, and the pit rose
| to man.
Judge Hawkins was again little off in his
| lines and did not come in at the right upper
entrance until HAS. Hs blessed the part
exceedingly well, excepting that he had not
shaved closely enough. The prompter was
in good voice, and melifuously read the plot
of the play.
Several amateurs were allowed the stage to
make motions and recite little legal pieces,
but they elected no applause, the bill of the
day being looked for, and that alone.
Mr.. Hornor opened the play with a motion
for commission to the State of New York to
take the testimony Of Sheridan Shook, A. M.
Palmer and n. Hart, and another commission
directed to the consul at Paris to take the tes-
timony of A. D. Emery and E. Cornun there.
A delay of sixty days was asked for the re-
turn.
Mr.. Rice objected to the introduction of the
motions. He said that the plaintiffs had put
they would yesterday. He said that he had
stated they would make jus. such step. The
defences had done all they could do to get
trial of the issues presented in the case.
He did not object to the ruling of the Court
yesterday, but he saw that just what now oc
ours would occur.
The plaintiffs knew when they came into
court that they were obtaining a summary
writ, end are bound to be ready to try the ques-
ton of the issuance of the injunction, The
afidavits were made out from knowledge out
side their own, and he appealed to the court
to give him an opportunity to try the case.
Mr.. Horror answered that he thought it
best in legal discussions to look to the law
itself and the record before accusing opposing
attorneys of asking more than they are en-
titled to. He read the articles of the Code of
Practice bearing upon the issuance Of COM
missions to take testimony and the delays
given to secure such.
Mr.. Rice said that there was a rule fixed
for trial, and that the motions made were SIM
ply to continue such rules He claimed that
the Court ought not to grant such, for the de-
lay would be simply continuance of the rule
itself.
The Court party wants relief by injunc-
ton he must abide by the law regulating it.
The law takes writs like this out of the
ordinary rules applied to ordinary cases. And
it as an elementary principle that where
party calls for the writ of I'M junction he must
be ready at once. His case is taken prima
facie as trne, and the writ is granted on that
In this case the plaintiff only asks for COM
mission to take testimony, but that has no
bearing upon the continuance of the case, for
if it did, it would have the effect of perpetu-
ating the Injunction without a trial, and would
deprive the party Of the right of appeal.
The court is obliged to grant the commits
sions, but that will have no effect on the trial
af fn ha min Tba
proof should be here to establish the right of
plaintiff to the injunction; and if it is not tits
at his own peril. Therefore, these commits
sions may issue without delaying the rule.
The motion was granted.
The rule was then called up, and Mr..
Hornor then moved to continue the case. He
said he would present such a case to the
court that he felt that it could not but grant
it. "We are not always prepared for rob-
bers, and We claim we are in this case. We
get up and fire off our guns, whether they be
properly loaded or not This we have done.
What we complain of is that the defendants
performed our play.
Now, the author is not always present when
his rights are violated, and he is thereby
compelled at times to take whatever steps the
law gives him. By our position | have to
show who is the creator of this play; how we
got it from that creator; and no one can be as
good witness Of these facts as the creator
himself. No one can testify of these allega-
tons as he. The n we have to show that both
plays are identical. This can not be done
without seeing both, and these we have not.
He further claimed continuance on the
ground that due notice had not been given of
the rule, and read decision of the Supreme
Court to support him.
Mr.. Rice argued that in all courts where
chancery practice prevails the plaintiff comes
into court armed with his affidavits, and upon
them rule nisi is issued, and when that is
tried the defendants have the right to bring in |
their affidavits to meet it.
In the Pttsburg case, in which this same
play was involved, the Court there refused to
grant continuance as the proceedings were
declared summary. There is nothing in JUS
tice that would permit continuance now in
this rule, and feel satisfied your Honor will
not.
The Court said-There is really no legal |
difference between the nisi and the rule taken |
to set aside the injunction.
He discussed the question of practice in
lou, ~,ob+ &c