The New York herald., 1877-03-17


show that the old lady was sane. Mrs.
Reuben Compton, the committee, makes an smdavis
In which she states thai the old lady Is easily excited
and requires be kept all oi exctement
that she appears happy and conented al all tines ex
who. as deponon, believes have sought 10 excite IN
her mind suspicious Of tho motives Of hor own rela-
ves that Mr. mas calico upon ne "r
worse after such visits; that he has never ocen re-
fused admittance except on ono or Two occasions
when she was advised that II was her duty not 10
allow persons to visit her who werc likely
any way excite her, that she willing 10 allow
any ply sician visit and examine her mental
condition and that her counsel Mr. MacIay. has not-
fed Mr.. wahtman that he could nave experts examine
her upon giving proper notice and that he has never
After reading several other afidavits II argued
that the old lady is in exctable condition, and that
II would be cruelty to have these proceedings
tinued. The argument being closed Judge Larrcmore
soay ,hs aase the
Messrs. S. X. and +. d. Wighman tor Maria Compton.
THE DANICHEFFS.
Mcssrs. Shook Palmer, OF tho Union Square
Theatre, claiming to be owners by purchase o the
manuscript of tho play "Lcs Danichens," written
and composed in French by Mcssrs Alexandra
Dumas and Pierro Nowsky, obtained an njunc
ton restraining Adolph Ncucndorf from per-
forming or producing the play his theatre On the
motion the Injunction the latter claimed,
among other things, that u consequence OF tho pub
lcaton OF tho play Berlin and Vienna, the authors
had abandoned the to tho public, and that there
fore, the Injunction must be dissolved. Judge Dono.
hue, before whom the motion was argued having
found the papers before him that such publications
werc una uthorizcd aud that there was no abandon
mcnt continued the Injunction. Upon an appeal
taken from this decision the case camc up or argu'
mcnt before the Supreme Court General Term: ,n
plaintiff ana Judge Duenhoefer tor Messrs
Shook 4 Palmer. On behalf of Mr. Neucn-
dorf Mr.. wehlo insisted that In order 70
in NIL TsS
low had 10 lind that the authors have copyright IN
the German translation OF the play that tue authors
plainLis that the authors have done nothing to I'M
pair copyright before publication; that the de-
erdant has acquired any right TO the use OF tho
copy OF tho play in his possession that by the de-
endanl's performance OF the play the plaintiffs would
that upon tnc palntlis' they have failed to
prove all these essential requsites and that upon The
tho plaintiffs have failed every OF the essential
requisites Judge Dttcnhoeier IN reply, urged that
that the injunction mus, fail and the action, too, II
there authorized publication, as tnat IN law
would amount to an abandonment ny inc authors OF
their rights and surrender OF the same TO the publc
that tho Court will not disturb deermi nation on
question Of TACT on motion any more than finding
on trial, unless clearly against the weight
and that no evidence entitled to any weight
show authority for the publication AS TO he claim
IN the Court below the injunction should be dis.
solved because tho plaintiffs It alleged, admitted
IN card in the HEkALD rhat The performance OF tho
play ut tho defendants theatre would not interfere
with the result OF iis performance IN English at the
plaintiffs theatre, II was INSISTED in reply that the
OF the card must bc taken together, and that II
the unauthorized performance by defendant was not
restrained doicndants acts in the language OF Judge
Donohue, would be cited as "evdcnce TO others that
plaintiffs have permitted the public use OF thor play,
and will destroy their right some other party viii
come forward and as a defence to IL n English will
defendants performance, and argue as defendant
does nt naYs Yso ou he
serving its decision.
LIFE ON THE OCEAN WAVE.
An action was tried yesterday, before Judge Goepp
and jury, in the Marine Court Part 2, having its
origin on board of the American bark Beneiactor, hail
ing from this port aud bound voyage hence to
China and other distant ports. Tho bark was home
ward bound at the time OF the occurrence which was
the subjcc: Of the action. George Binglcy, rated IN
ordinary seaman sued tho captain of the Bencfactor,
George Hayden, for an assault alleged TO have been
committed nm a voyage between Annoy, China,
ana New York The paintin claimed that ON o certain
day during the early part Of January last while
the ship at sea ana he was at
tho wheel, the captain came on deck and
without any provocation struck him In the lace The
defendant utterly denied the charge and claimed that
it was false and malicious fabrication 1t was shown
by the confessions OF the plaintiff himself, we'll as
fore he joined the snip and that before no had been
on the ship weeks ho had been guilty OF insub
ordination touous conduc' ana r,cnU ans na"
Annoy. The evidence OF tho captain was supported by
all the other members OF the crew. by the evidence
OF passenger ana by the official records OF the Con-
sui's Office at Annoy. The case was submitted 10 the
jury who pending long delberatton, were directed
TO bring IN sealed verdict.
LONG ISLAND RAILROAD STOCK.
The litigation in regard 10 tho stock of tho Long
Island Railroad Company gives no promise Of being
terminated for somo time 10 come Tho case came up
for argument yesterday before Judge Freedman, tho
Superior Court This rs the suit brought by William
A. Havemeyer, of the late Mayor Havemeyer,
against his brother, John q. Havcmeyer, and Others,
TO recover some $76 900, the full facts OF which have
arsady been published the HERALD. II seems that
some 5000 OOU of Long Island Railroad shares wero
held by the parties, which they agreed to place in the
hands OF John q. Havemeycr, the defendant William
offered seventy five per cent Tor his stock, but he
says his brother sold his own stock 10 the Poppen-
husens and did not sell his An order was gwen some
time ago Tor tho examination before tria Of John
G. Havemeyer touching the letters and tecgrams that
passed between him aud Poppenhusen touching their
arrangement, but the examination was deferred on
certificates OF his illuess MT Parsons yesterday IN
sisted II Mr. Havemcycr was well enough 10 travel
around the country he was wen enough 20 answer ns
counsel Tor defendant, objected that the order was not
granted sufficient afdavts. Mr.. Parsons replied
strange such counsel never discovered
It before In the course oil his remarks Nr Parsons
said he held letter OF John G. havcmeyer. IN which
he declared that all he did the matter O tho stocks
was done under the direct guidance OF Divine Provi
dence. Judge Freedman decided that the examination
must go on In the cndants room, but tho pres
cnce OF his ysican The answer to the SUIT denies
that there was any agreement or CONTRACT between
plaintiff and dcfcn dants.
NEW WAY OF SERVING PAPERS.
Joseph I.crwtzek, has brought n suit against John
n. Kortcr tho value OF paint mixer, which,
hc alleges, was assigned to him by Jacoo Hartman,
and Of which ne claims tho defendant took forciblc
possession. On a motion made ycs csterday before Judge
Iarremorc in the Court OF Common Pleas to set aside
plant the ground oi irrcguary of the ser.
vice OF summons and certain detects III the complaint
tho defendant makes an AFFIDAVIT, In which he
states that day in the present month
he VI his Office and TO secure quiet had locked
the Office door, that Jacob Hartman came TO his oilcc
and nndDg door locked shouted to deponcnt, using
opproDrous language. and thercupon broke the glass
OF the Office window, ana through tho broken
window threw tho summons complaint and
ran away; tnat he never told him that the paper
was Summons and complaint, and he did not