The New York herald., 1878-03-03

opposing af1tayi,s ~ one by Mr.. Dun. in winch he
says ID 1T b. received the manuscrpt OF Mr Rowe's
play OF rhe Ex.Iss about the 10th Of February
last, and Immediately commenced prepare for ia
presentation; that at the time OF receiviug tns n-
junction he mad prepared AL tho scenery and mouu-
ngs OF the drama and engaged for its repre-
sentation; that be had incurred actual expense In
such preparation of fuy IS 900 the time receiving
said process, aud In addition mat, that he
sponsipis to the actors aud actresses for a large
amount o saiaries; that nc had also expended large
advertising The drama that neither the pIs,n
tn any their behalf up tn the time oil re-
csiving said Injunction had notified MIN way Of
the claim which they set up; that he ready and
willing 10 give bonds 10 respond TO any damage which
tho plaintiffs my suppose they may sustain Dy pro-
iormanos a. eujolnsd would entail imnenso loss.
and be disastrous 70 the season. Ho denles
that he is in auy wise possessed Of the
play or OF tho manuscript thereto which plainufs
Claim 70 own H. also denies that the lille '.Lss
Exiies." or "Fhe Exies, Is tile original with auy
OF the persons who are named the compliant as
author OF The play and manuscript owned by the
have been at various times throughout 100 years
past well known upon the stage Of the French, Eng
msn ana american 'asaafes. ns ne Is ia,ermea ana be
CATION were mado Dy William G. jarrett, Hcury
$. sauderson and others AS will be seen, the
question toDs decided Is not whether the law viii
protect literary propcry IN manuscript not
printed or published, that point having been re-
peatedIy deci1ed he polut In tho ,se Is simply
whether the plaintiffs, hav ng an adaptation from a
novel, eau RESTRAIN a different adaptation FROM tho
same novel by another party.
Judge DiItennoeier stated to the Court that tho
saavits Of the aeiendant having been served dur
his absence from Tho city, he had oniv seen
them yesterday morning and had opportunity
TO prepare reouttng aidadts Que OF tho ari da Wis
he sx,d was by the au hor OF .Brass, and MAS very
brassy. Ho nad no doubt tnat Mr. Rowe, who made
H. would answer the Judge II ho smiled
at some ol ts allegations as no answers the party in
the play VINO laughs at his moutrous soorbac kr,
"Do you SEQ this ring, srY Fact! lactl / assure
you" Unner these circumstances he applied tor
an adjournment 10 enable him TO prepare opposing <
aihdavits. This motion VS. resisted by cx-uayor
Hail ana Charles W. Brooke, who appea red
ior the defendant. Judge Ditenho"i.r said, however
that AN arrangement had IN the meantime been sl-
fected between himself and the opposing cou sci
whereby II agreed to give bosd IN IS. 900 tor
any damage which the plaintiffs might sustain
through the presentation oi the at The Broadway
Theatre pending tho decision the mi uncuon pro-
cecdings
Mr. Brooke, on the part OF the defendants said that
no thought a bond IN $500 would DO ample under
the circumstances.
Judge Di,tennoefsr-we agreed on q bond for
$4,000
Judge Donohue-You don't seem 70 have agreed.
MI Brooke-S0 II would appear, and therefore sug-
gest that Your Honor Tx tho amount OF the bond VI
81, 500
Alter some further discussion Is TO the amount ol
the bond, 1t was hually 1xod $3.50. The bond
81 once prepared by A. Oakey Hall and executed by
the deendants. r. ff
The iurthor hearing OF the case was then adjourned
till Tuesday next