New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-10-05
NOBILITY IN DEFEAT.
NO INJUNCTION AGAINST sOTHERN
THE COUNTS ELOQUENCE EXTENDED IL VAIN.

Justice George C.. Barrett, of the Supreme
Court Chambers, is a marked man Yesterday afternoon
at precisely twenty minutes TO O'clock he refused TO
accept the dicaton OF Lord marlborough sfnce dead
Chief Justice Of England, quoted by the only lord nj
the American bar, and grant an injunction against the
Park Theatre the frghtful aceration OF legal no
neman's dignity which that nobeman asserted was in
nightly progress that theatre In this decision he
seemed TO- think that the fine feelings and wounded
honor OF George, the Count Joannes were OF less mo
menU mis- pocket, denying the application on the
ground that the defendant able 10 pay all damages
suffered by the Count as jury should award
tbenl an event which the Count declares the whole
country is expecting with impotence. words cannot ex
press the proud siocism with which the noble plalnh
received his defeat. With heroic self-cOnro, which
history might be ransacked in vain 10 parallel he bowed
10 fatetbat is 10 say Judge Barrotand took hs seat
mutterng III at FIRST you don't succeed try, Try again
sentiment which he thrice repeaed apparently gaming
much strength and consolation thereby.
The courtroom was ovcrcrOwced at - O'Clock. al
though officers were stationed 1T The doors To keep ont
every ono VINO had business within. But 50 many had
business The number OF lawyers, who never studied
law ana Of reporters who never reported, bul who
whispered themselves into supreme Court Chambers,
was simply amazing and sufTocatng. ~ a quarter be
fore ~ the Count made hs appearance, and zgzagSed
his way 10 The accustomed seat which mad been lct va
cant for him HIS fnery of the Lecture room was com
Portable evidently, for he still wore i-possiby lad
slept In H. But 10 by means the fine feathers which
made him SUCH fine Old game bird but the mdomta-
bic spirit within, assisted littlo perhaps, by the fine
old wig and the marvellous corkscrew curs The Count
smiled at the eager crowd the doorway. struggling
ana panting to got within hearing Of his eoquonce He
was not kept waiting long before Judge Barrett an
nOunced his case.
liam ready said Mr.. Felt the opposing counsel,
eagerly MAY il please the Court"
"sit down. brother SAID the Count, majesticaily
. in ltrir qsp md
ne opened his case Briefly related it informed sympa
nizing public that a Trasciian Uncrushc'), Public
Writer an Historian Shakespcarian Scholar and Lees
turer. a Journalist and Counsellor Of the supreme
Court Of the state Of Newiolk, and moreover sober
man who had never tasted the suicidal sins Of social fc
with other characteristics 100 numerous 10 menon-that
All these mobile fellows boiled down into the concentrated
extract OF genius Joannes he'd been represented
upon the stage the Park Theatre by costume face and
manner a. a common s0t. hllfmanac and fool. The
character excepting the attributes OF drunkenness de
rum and stupidity bad been recognized by the Count
and hundreds OF his friends. Fifty brother lawyers were
willing 10 swear the identity, So greatly had the
Count been demarazci by the representations that al
ready he had committed two breaches Of The peace
the public highway
''He has shown me M completely" thuuderod the
a.peated Count now the full flow of his oratory.
The aughelwach greeted tins outburri broughtihreas
of punishment from Judge Barrett WHO thanked by
ment the Court put flequont brakes upon the Counts
oratory and prevented HIM from saving something which
should live TO Immortality The audience cruelty dis
appointed seemed like dropping the curtain just as
murder was coming ont.
Mr. Felt AZ the suggestion OF the Court Judge Barrett
did not allow the reading either Of complaint ansvor
next produccd carefully arcua ed skeleton OF the
swerand OF Mr. Sohcrns affidavit which tended 10 show
that-f the Counts CHARGES were trIiehe haa dreamed
the Count JOannos before he saw num- ana hced ann
before he knew him. The part was brought ont IN Pnil
dephia before sOhcu's horizon had hecn Va up by the
eifugcncc OF the Count. Tue ahoaVh Declhe lltle
shy when il declared that Mr. SOth"fu HAD houEni the
clothes and wig from an cmploNe OF TIE PHILADELPHIA
Theatre, md purposcy bad procured them IN as diap
dated condition as possible Mr ,othern believed the
character typical one lie did ~ think that the plain
tn made the application IN good faith.
The Count did not hear this last sentence and II was
satisfied Win one repetition Mr. sothern further
asserted his belief that the suggestion Of tins annoyance
counsellor by some newspaper Joke.
Hunph" said the Count.
Corroboratiyc AFFIDAVIT, from members o. the PARK
Theatre company were produced but In order to save
The Count then reared himself alof and prepared 10 fall
uuon aud exteimnnte his adversary, when the Judge n-
eruOsed and asked for precedcnts-a Il there could De
precedent 20 the American Count.
.'Yonr Honor" said Mr.. Felt II have point"
- don't want H." said his Honor.
Reserve your point. my friend" said the Count
submit, your Honor" continued the Count eravely,
that IS direct insult to me as judicial officer Of this
Your authorities" said the Court.
So the Count, baed AT every turn, and suffering ago
MES from the rhetoric within struggling get out throw
Lord ElleubOrOugh, ChicfJustice shaw o. Massaohu-
setts and in which member Of this very bar "
had been presented with nnwelcOe pair OF ass
by libelous artist into Judge BGrrets face For mo-
his Honor seemed dazed by the onslaught then he
said:
g II the libel were conceded. would grant an inunc
ton but 10 has yet 10 be proven"
And must meantime suffer the nightly torture OF
this peIformanceF
la the meantime You have the satisfaction OF know
ing that the defendant Is wholly responsible Motion de-
MED"
The Court wled II and the Count wilted.
THE STRIKING COAL MINERS.