The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-05-29
THE COURTS.
A Chance for Colonel Sellers to
Plead a Family Cause.
TIE TITLE TO "A WONDERFUL WOMAN
Matrimonial lnfeIicites of the Calender
and Other Couples.
TWO ARMSTRONG; AND ONE REQUEST.

Miss Jean Burnside claims TO be- tho authoress OF
nvc-act drama emitted "a Wonderful Woman" which
she dramatixcd from Mrs. May Agnes Flemng's
story of the name, and the title OF which she
had copyrighted with tho Librarian OF Congress on
the Sd OF January last She says that for several
years past sho has been resident of New York, and
u a dramxtist; that Nay Agnes Fleming, popular
sutnoress, wrote the story called "A Wonderful
Woman" published in serial numbers in the New
York Weekly; that th,s story, by it's incidents and
scenes and development oil character, had much that
was striking and dramatic, scarcely If nc ALL cxcccd
BY any work extan and which rendered 1t peculiarly
susceptible OF being dramatized She tthe aathorcss)
notice at the head OF hor story that she reserved
the right to dramatzo III that this rosorvod right
subsequently purchased by her Miss Burnsd,) in
1872, and notice or tho continued thereafter 10
appear At the mead OF the continued serials OF tho
story with request by Mrs. Fleming that the copy
right and Tito 10 respected In pursuance OF
that right Miss Brrnsdo dramatized tho work
before the full completion of It's publication,
having 70. this purpose boen permitted to peruse the
unpublished portions oil the manuscript Tho druma-
tzaton completed IL tho winter OF 1873 and hav-
Ing studied Tor the stage and qualified herself 10 enact
character in her DRAMA Miss Burnside had IN cnded
70 enact The principal one and had in such dramatiza
ton developed the character would beat display
dramatic powers. which she bad, by intense and
nest study perfected Before she enabled carry
out her intention, however, she was disabled from
sickness and complete prostrati0n of her physical
health, IRON dong SO. and the same continued until
the autumn oil 1875, whom she finally recovered her
health and again renewed her antcipa tons and pur-
poses OF placing the drama upon the stage, with the
confident hope, she believes, well founded, OF derv
ing thercirOn large pecuniary pro AS well profess
sional reputation. While making earnest and active
preparations tor that purpose. and ABOUT the 10 Of
November, 1875, she visited the theatre in Buffalo
rlne; or, The Mystery OF BiveEsn Hollow"
and Sustained Dy Rose Ey,,nss, and ionsa
TO her astonishment that It's scenes and IN
cidents and indeed, its whole plot and much OF the
"a Wonderful W0man;'' that II was a decentralization
Of that work and in very considerable portion IL
identical with the drama written by her. and had been
placed on the stage without her consent The bills Of
the play announced thar Miss EytInge pnying the
Same by permission Miss Marie E. Gordon wbich is
the stage name OF Marie +. Raymond. The effect Of
this disclosure was terribly severe, especially with the
book had been represented by artist OF the estsb
lshed reputation OF Rose Eytnge, leaving for her
Miss Burnside) but moderate cLance OF success In
her decentralization after The play had been so placed on
The stage. An interview followed with Mrs. kaymon
10 induce her 10 withdraw her permission 10 Miss Ey
lingo 10 act the play, but this failed. ieitor to Miss
Eytinge asking nor TO withdraw the play followed,
but 10 this no answer was received, except the
puoe ana S. usa 81 the lay ny such
rrcparabe and constantly increasing damages. 10
stop these damages and partially repair tho alleged
wrongs has suffered In tho premises she asks tho
Supreme Court for an Injunction against Mrs. Ray
mond and Mis Eytinsc the grounds OF such appica
ton beng hor sworn complaint, oil whicb the lore
going Is the substance She also asks judgment for
the damages she has sustained, and costs. The argu
mcnt on the motion Tor temporary injunction
noticed for yesterday IN Supreme Court, Chambers.
when II was expected cxJud2e Beebe would be heard
the purt oil Miss Burnside, the plaintiff ana ex-
Judge A. J. Dittenhoofcr on the purt oil defendants
Nrs. Raymond ana Miss Eytinge Tho parties wero
not ready TO be heard, however, ana The argument
adjourned over. The answer OF the deiendants
to the complaint OF Miss Burnside Is in SUD-
stance thu, she has no copyright 10 the play.
having Jailed to hlo vita tho Librarian OF
Congress copies the puy that even II she had
copyright could only be enforced in the United States
Court that she had no property or common law right
III anything except her own adaptation OF Inc story, II
slo las thut hat the story irum which the drama
taken is public property having appeared In the New
York Weekly and which any one may take up; that
the play OF attendants Is drumatization and
ton OF their own. and is different instinct from
the plaintiffs The matter Will necessarily he reached
for argument WITHIN day or two, when, doubtless,
1t Will be Judciaiiy determined II "A Wonderful
Woman" and 'sMutherne; or, the Mystery OF Biveken
Hollow" can coexist, and tho stars each In
her respective course without danger OF collision
destruction Of each other. AS family interests
sarily bring Colonel Sellers INTO this will no
doubt when tho proper time comes, make as eloquent
o plea the Supreme as he has been accustomed 10
make IN his own court.