The New York herald., 1877-10-05
THE "CRUSHED TRAGEDIAN."

HEARING IN TNE PROCEEDINGS AGAINST MR..
soTHERN--THE INJUNCTION DENIED AND THE
COUNT REFERRED TO JURY.
Tho application made by Count Joannes 10 restrain
Mr. Sothern from personatiug him In the "Crushcd
Tragedan" at the Park Theatre heard In Supreme
Court Chambers by Judge Barrett yesterday. Mr..
Edwin N. Fclt, who appeared peha of Mr. Sothern,
cvinced desire to put in the first word, saying that
he had been brought there upon an order 10 show
cause.
''Sit down, brother" the Count exclaimed, turning
his eyes quickly and sharply upon his legal opponent
"I'll read order" He then proceeded to read his
own papers, starting with giving the title ald the
sterotypcd legal verDage characteristic OF such docu
menta
u don't want tho papers read" interrupted the
Judge, "smply state the facts"
.Wth pleasure" responded the Count, who pro-
ceeded to state, In sem-iragc style peculiarly his
own, that II am u counsellor-at-law ana tragedian
public lecturer, writer illustrator oil shakespeare and
historian, ana us such derive my emoluments and
honorable reputation. then state that never iacd
IN these professions during thirty years show that
! never was drunk or guilty Of the suicidal social
SINS"
In this straiD proceeded TO state that tho actor who
plays the Crushed Tragedian represented him MS
sot ana halt maniac. Despite the apparent indigna-
tion Of the speaker hc took occasion to work in rst
Class pun oi the play aud the performer. The audi.
tors smiled knowingly at each ether. The Ian
guagc OF the painuH was such TO excite the
laughter OF the crowd the court room. Judge
Barrett rcproved the spectators and announced that
he wished the motion TO DC heard like any other
the calendar; he wanted display that would char
acterize the proceedings theatrical and any urthcr
attempt ~ demonstration in that direction would be
followed by the expulsion of the audience.
Mr. Felt began TO read tho papers upon his side OF
the case but was interrupted oy Judge Barrett,
told him 10 merely state their contents. Counsel
thereupon eptomized the actors ahdavits. Tney re-
cited the TACT that Mr. Soheru had performed play
in other cities before producing Now YORK; that
the character TO tho make up' OF when the plaintiff
takes exception was typical one only, that the
believe the application is made IN good faith. He also
read the adavt ot Mr. and Mrs George ~ DO We're and
Edward Marble, who play parts .Urushed
Tragodan" to the effect that Mr.. Sothern wears tn
Same make up'' now that he did In Philadelphia.
THE LAW OF
The substance Of the papers on both sides having
been given. Judge Barrett announced tnat he would
then hear counsel the Law applicable TO the
IL turned out that he only had 10 hear the Count To
reach his own determination In the matter. The noble
peader cited case IN which colonel In the English
army had ordered aportrait OF himself and failing TO
pay for u the artist had publicly exhibited with the
appendage oil asss ears The colonel cut the pic
ture TO pieces with his kne and suit was brought Tor
"a, 800 lis alleged value Chief Justice Ellcsborough
awarded damages covering simply the expense OF the
canvas ana paint lie cited various other cases and
insisted that tho public dd not 20 TO the 'Crushed
Irage an much as to witness tue rdicue to which
he was subjected.
.0n general principos the case Is decidedly against
you, said Judge Barrett "Your remedy s by action"
III have commenced action for libel" exclaimed
tho Count
sIf you have commenced action for libel then
that disposes OF this matter SAID the Judge.
81 demand saii the Count, excitedy, IRON Your
Honor that you ssue this injunction that tho Lord
Chief Justice OF England said he would have granted
II applied for the have just quoted"
"As Ine libel is Denied" said Judge Barrett "tne