The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-10-05
DISAPPOINTING TIE COUNT.
SOTHERN UNEXPECTEDLY PUTTING IN
4 STRONG Defence,
And saddiing the Costs upon the shoulders or
the Noble Pinintin-A Tendency Toward
Levity In a Court Room sternIy RebuIscd.

Levtty In n Court Room sternly RebuiScd.
In anticipation OF crush, the officers Of
the Supreme Court Chambers guarded the en-
trance to the court room yesterday and admit
tod only those persons who had business TO
attend to inside A throng that choked tho
lobby gathered outside the door. Tho argu-
ment on tho motion of the Count Joanncs for an
Injunction restraining Edward A. Sothcrn from
longer impersonatng the noble counsellor in
the comedy OF the Crushed Tragedian," was
what attracted this asscmblagc. The hero Of tho
hour. the Count Joanncs was promptly in his
place in front of the bench. A sudden. half
suppressed exclamation. that was prolonged in
general movement OF the spectators and a
whispering among them, greeted him. He
looked. II anything. more deliberately gotten up
than he was in Tammany Hall on Wednesday
evening. Tho red ribbon at his neck. from
which always depends the golden insignia of
his rank. was now rcd ribbon. Even his hair
B9emod to be in better condition. and OF more
vigorous color than ever before.
Annoyed by the noise Of mutitudes who were
trying to force an entrance to tie, room the
Count arose from his seat and said. with evil
dent condescension. II that is Mr.. sothern. let
him In"
Court were arguing minor causes. the Count
turned over the leaves Of Starkie ON SANDER and
other reference books.
George. tho Count Joanncs. against MIR.
sothern." Judge Barrett called.
am ready" Mr.. Felt. OF counsel for Mr..
sothern. responded from behind the main body
Of listeners.
:. am here" George the Count Joannes. said
"1fthe Court plcase"-and Mr. Felt would
have gone on. but Judge Barrett said he would
near Is npd pa Y,ip rs Mr. Fol, yrovea
Eyes, the Count replied. pleasantly. but with
ms haolusl dignity you Will IND me all
:, George. the Count Joannes after determining
the position in which he might show 10 best ad-
vantage as Count. began to, read the formal
beading oil long document The Court asked
him, TO omit that; Tho Count then began to
read whit followed. but the Court said that that
was not necessary. Several times the noble
counsellor was restrained, and finally he threw
own way. He was a member OF several pro-
fessions. he saba trugcdian. a historian. n
public writer. and an illustrator OF Shakes
peare. Sobricty WIS essential. lie iancied. TO
success in any Of these occupations. In thirty
years of public life he had not drank drop OF
spirits-had not INDUCED in what he called the
suicidal sins OF society. 1t was too hard, then,
that Mr.. Sothern. by dress. manner. voice. and
Of George, the Coun, .J6anncs and make him
out a drunken sot. " This has not only been to
seller continued. " but has disturbed the tran
guilty OF my mind. provoking me To two
breaches OF the public peace 10y direct assault"
greeted the Count ms no paused.
Judge Bar.stt raped for silence and then,
earnestness. said that he observed at the last
hearing In this cause an inclination on the part
theatrical affair. u don't purpose 10 have the
theatre brought to this Court" he said. Il will
punish severely whoever offends again. and II
the confusion is too general VIII clear the court
room"
George, the Count Joannes. placed hand
upon his breast. and in feryent words expressed
his gratitude for this timely rebuke Of the spec
tators lcvlty.
Mr. Felt now read the substance OF Mr. Soth-
ern's answer to the complaint. 1t was denial
Of all attempts TO ridieule or initiate George. the
Next. Edward A. sothern's affidavit was read.
The comedian averred therein that he does not
own the Park Theatre. but is simply employed
there to play an enlargement. He began To- act
in the pay Of the Crushed rragedian" in
PniIaGdelPnia IN IN april last He hfd not then
seen him. but only Tor a moment. in Giimore's
Garden. Mr.. Sothern qverred that when he be-
gan to act the part lie hadn u the reinotest idea
clothes from an employee OF a theatre: the Wig
he designed himself. He did not know he was
OF the crushed tragedian is Of the shabbicst
possible kind" Mr.. Sothern's affidavit contin-
ues. and the crushed tragedian is represented
person whose talents the public have never
appreciated. II the plaintiff thinks this applies
" him. it's n mere coincidence"
The Count Joannes was Q spectacle 70 behold
when the lawyer for the defence read the clos
ing clause OF the affidavit. nverring a disbelief
that the noble counsellor had instituted his
action ia earnest. lie glared at the attorney on
the other side. he moved restlessly in his seat
he rolled his eyes Ike "A dian who was
anything but crushed. he ran his hands through
his hair. and once twice. when human nature
was called upon TO bear too much, he Jumped to
his feet, and with ringing What's that z" or
II demand TO hear that read again." compelled
the reluctant attorney 10 repeat his clients
Then followed afHdavss from George F.
and Who piayed in n tRe crusRed in
April last in Phiiadel phia; from Edward
Marble si5mlaTly g5le to testify in Gorro9ora
forth. Finally, there was read the testimony Of
Mrs. Devere, who is familiar, with the general
appearance Of the plaintiff, and doesn't see the
slightest resemblance, 70 him in the costume.
make up, or acting Of Mr.. Sothern."
The Count Joannes. with q lofty sweep Of his
hand. brushed away the pers piration that had
gathered on his noble brow. and with a dan
gerons CLEAN in his eyes. addressed the Court:
noble counsellor began. was first played in
London under the name OF the Prompter's
Judge Barrett ump,tientlyl-No no: we want
TO hear YOU as 10 aquestion Of law; as 10 your
right to get AN injunction before your flual
The Count Joonnes said. in tone Of biting
contempt. that he could hnve got fly ailidnvts
crushed i' al tGs" Ceigrqns to SIr %0 Sothirn
answer only newell Ice had hot supposed
that Mr.. Sothern would be SO well prepared
The Court. however. held that proof was
needed before the theatre could br EOS ID. but
was willing to hear the noble counsellor ar
The Count Joonncs saiJ that. apart from his
being a historian, ira; dian. a. r.urer. "a pub
an officer of The SuIIrIue Court he naturally
lmagiu that Judge Barrett would hurry Ia j.
defence and protection. Here the Count quoted
two cases-Ouc from IN authority which be- said
Is now out Of print ans the other IN action in
the determination Of which Lord Euenhorough
declared that II IL had been 1t different sort #
sause he would have rendered another decision
:han the ono he did render Both were cases
IA which men were llhclled by pictures The
Count explained, on the ends OF his fingers.
pLat 8 man cou.d be libeel "a sign. IN IN
image. in an eNgy. on on u coin. What could
be easier. your Honor" h. asked. than 10
make your portrait or y ne or Cow. l!olf-
man 5 and put u on the public streets - Your
Honor" the Count continued lu the tone of u
man abou, to impart valuable md unlocked .or
Information, 'tu"ri once existed Iu England u
custom called Riding SeimnnnEt0 49, ia which
the husband OF a woman who hNl run away
was closely initiated boy some one who had stole
his clothing, md. hnYln@ adjusted horns 10 his
head, was ridden on un nra, With lis face to-
ward the ami mai tail, through me streets Oithe
place whore the unfortunate man lived
Judge Barrett said he Cd NOT rar,-An did not
want 10 hear about It, Would tho Count come
30 his argument
"Wcll" tho noble advocate retored, but
That's what Mr.. SOthoru IS tong TO mo.
"WOll. if IFS proyed thal ne initiates you
there's no doubt Ul the libel" the Judge admit
D.. rf,,. 1fi.o -fi,.r,.o - .,,,..