The New York herald., 1877-10-24
Musical Purvey0rS Falling Among
Legal Instruments.
MISUSING A MUTINEER.
Ten Years in State Prison for
Child Abduction.
FORGERY AND FLIGHT.

0ohsous cxeoutorS Of yne lae Generai dAl WHICH mas
been several times mentioned In the reports OF court
proceedings ard which ID brought TO determine the
rights Of various claimants to valuable oopyriRhls
and plates Of musical compositions and has been on
trial for the last eight days before Judge Van vorst
holding Supreme Court Special Term, was yesterday
brought to q close The trial has been one OF great In
teres and many Of the leading publishers Of the
country have boen In daily attendance, some AZ wit
nesses and others attracted by the story Of tho comp
Gated adventures OF the Hall catalogue The subject OF
shs action consists OF more than thousand
musical compositions published BY the late firms Of
William Hail Son between the years Of lS46 and 1874
The Hall catalogue Is alleged TO be the most
extensive In America and comprises the favorite
vocal and instrumental pieces Of Gottschaik, Wallace
Brown and OF other composers OF the best known
musical works. When It known far back
1871 that the Halls were in need OF money, every
music house possessed Of sufficient means seemed 10
be ANXIOUS to got control OF this much coveted cata
logue Its strange adventures began about 1862; but
the starring point this suit s 1871 To present the
acts intslllgently, however, 1t must be understood
that from lS47 to 1852 the hrm Of Hall Il Son con-
sisted OF old General william Hall and his son, James
f. Hall In 1852 the latter retired from tho hrm and
went into the army, In which he remained until the
close oil the From 1862 to 1866 William Hall was
rue only person Interested IN the business. In 1863
Thomas ]. Hail. another son and the present
paintin, became interested IN u and was partner
with his ather from that date until June, 1875, when
William Hall died. Thus there are three separate
Hail interests represented in this catalogue FIRST
that OF the old firm, claimed by James T. Hall as sur
vivng partner next, that Of William Hall W an ndl
vidua claimed BY ms executor and lastly thai OF the
second firm Q William Hall Son, claimed by plaintiff
as The survivor OF that firm. All these claims are urged
against the well known music house OF Oliver Dson
plates, and IT claims to the copyrights and pub-
cation privileges OF all the Hail catalogue. This claim
hn's firm with MIR. Pond, another large publisher,
and upon direct transaction between the piaintiHs
ber. b 1871, 1871 Pond Pond loaned Han Ia % i Son Jon 1900
ana took a. security chatIel mortgage upon tho
SUMS one o paid il DsoemUsr @ IsS and n an. .n
other Of $4,000, paid in February, 1877 rhe mort
with the delivery Of the mortgage Hall executed
TO Pond an agreement authorizing Pond TO print and
% his own use half the pronts which agreement the
Halls claim exacted AZ condition ol the mort
Ss and which :nsy claim % o rona KNEW WAS
tins mortgage 10 void Tor the illegal exac-
Mon q me printing contract by the plain.
III, that II WAS ineQuuable and oppressive
ana by james y. Hall that It not binding upon him
James Han 70 not party 70 y nor 20 any Of the In
the case. In December, 1874, Ponds mortgage was
nnder foreclosure or suit threatened The plain
t,d and his father applied 70 Dtson 4 Co. Tor loan.
Il agreed that tine latter should take from Pond
assignmen OF this mortgage and should also pay on
certain anterior liens to q small amount upon the
copyrights and plates. and should advance iurthsr
sum OF about 1000 TO the Halls II was also part OF
the agreement that Dson 90. should have 4 print
ing agreement similar to that OF POND; but Dtson
claims that upon being advised BY counsel that such
agreement would be unlawful II exacted a. condition
OF ioaning money, his iirm waived that requirement.
Suoh an agreement u 10 statcd WAS however executed
aud the Dtsons il Is alleged have had the beus1t Of
for several years. As 10 this trausactlon the plain
tR claims that II 10 void against him Tor fraud and
oppression; tho executor alleges 1t 10 VOID Tor usury
and James r. Hail claims be is not bound by il IN any
way As one OF the crucial facts Of the case IT appears
sons claim the other $3 200 was just credit 0i
que them a. The time OF the transaction In January.
1875 the mortgages having been unpaid the Ditsons
Hal ma car rtvht n faP
sais Ut Leavtts auction rooms. Several days have
been consumed at the trial in proving what took place
there. The plaintiff claims that Ditson Il Go. raudu-
len.ly suppressed tne truth the real value
condition Of the properly with Wow 70 buying 1t
worth according TO various estimates, from $4,000
TO t7b0v0 The Dtsons claim that they did every.
close the mortgages and that Ia view Of the encum-
brances upon II, they paid It's iuil value All these
$4,000 They also claim that The sale was Affected by
statements made tnereat by the Halls and oy The exec
utor As against Thomas j. Hall and the executor the
Dtsons rely upon the good faith OF their Eansacons
aud against James i. Hall upon an alleged tacit
sS. ss4 H ss.r sos S'sss syaepe.
but II seems 10 be more than met by couu-
tcrvalltng proof The trial has presented many very
the rules as to declarations OF deceased persons the
rights OF surviving partners, The duties OF mortgages
tn possession, the jurisdiction oil equity 10 relieve
against oppression and against forfeitures; the right
~ redeem without tender Of amount due on mort
cages; the relations between pledg0r and pledgee;
the doctrines OF esoppel aud the rgnt oil the Court
grant relief between co-deendants The decision OF
the cause will be looked for with great interest," Mr.
A. S sullivan and Mr.. Fowler appear Tor tho plain.
tn; General SANFORD for the executor OF William
Hall; Mr.. Edward Patterson Tor James Il. Hall, and
Mt. T. Cooke and Mr. Estes for Ditson Co
IMPRISONMENT ON THE HIGH SEAS.
Thomas whitton recently commenced an action in
the Marine Court against Captain Daniel w. Chester,
by warrant, to recover damages Tor false imprison-
ment while upon the high The acton was tried
V..x..
Interest was manifested ut the trial, the tn
vovsd the important question OF the right OF the
Ter OF vessel TO imprson hts seaman for nfaction OF
she snp's discipline Ex-Judge Curtis represented
the plaintiff, and lie Roy 3. Cove appeared counsel
for the captain. The case being both novel and
tortant lhe following decision Of Judge McAdam will
be found interesting:-
The plaintiff shipped able board OF
the Dauntiess, an American vessel of when the do
fendant Is MASTER ior voyage from San Francisco TO
TINS port During the voyage and while upon the nigh
seas the plaintiff became refractory, exhibited an
angry temper and made threats against the
lille Of the mate and carpenter of the vessel, and
upon OCCASION had a scuille with ono
Kelly y fellow seaman. For these acts msconduct
thv captain had The paintin handcuned and then con
lined IN what is called The boopy house OF the vessel
small room, less than live Ieet hlgh and not urgs
enough, therefore, 10 permit an ordinary man 10
sana erect, and without air, except such as found
It's way through The nts of The doorway leading
thereto. The plaintiff complained Of his treatment,
suId be was sunocsting finally broke open the door
legs wero manacied, and thus bound hanus aud icet
no was returned 10 his place OF confinement aud there
Imprisoned until the arrival Of tho vessel at this
por period oi eighteen oay and Tor this imprlson
msnt the paintit brings action TO recover damages
The authority ol the master connns the Offending
on board the snip, by putting him in irons,
when hts copducL and just regard good discipline
aud safety render II necessary, Is upQuestonable.
But the power exists only In cases where the
circumstances are urgent aud require its exercise.
The master rs not clothed with judicial authority TO
Bentence seumen 10 punishment Tor their offences.
The law has conceded that authority 10 the regular
tribunals Of the country acting IN tho common forms
O justice, ana upon the trial 0f the iucts by Jury
The evidence adduced satisfies that the plaintiff,
whiie at misOehaved by using threaten ng Ian.
XuaRe and acting 10 mutinous mannor; that tho mas
lsr was, In consequences, iustned in putting him IN
<1rons " h0 honestly believed that such
was necessary for the endorsement oil and
tho safety oil the vessel / have no doubt that tho
master believed that the plainIin dan ngerous and
ought be put IN confinement and acted under such
bcls and the only question which remains TO be dc.