The New York herald., 1878-03-14
THE ExILEs.

ANorHeR LEGAL REHEsRsAL IN SUPREME
COURT, CHAMBERS QUESTION AS 20 ISDl-
vIpUAL PROPERTY IN AN OLD DRAMATIC
TITLE.
Supreme Court Chambers was yesterday again tho
scene of another act In the legal in regard
tho right TO continue on the stage Of the Broadway
Theatre The play OF the "Exes." As will be remcm-
bered iiuunct,n was asked Tor just pr,or the
openins Eight OF ths lJay restraining IT'S production,
which injunction was suspended on bonI Tor 81 aeO
being gwen AS an indemnity lor any damages which
might ensuo from It's representation Messra romp-
kiIs 4 Hl OF tho Boston Theatre, bring the SUIT
against Mr. Dun aud his essccs OF the Broad.
way Theatre. claiming that the play niringc-r
m.nt uvon thcr copy OF the play, now beng produced
at The Boston Theatre and also at Waluu, Sli
pcarrd Tor the plaintiffs ami sx-Mayor Han ana Mr.
Charles W Brooke Tor tnc Lcfendants
RETRoGKADE MOVEMENT.
In opening tue Case Judge Diitunhoccr said ho waa
frank 10 admit that, since tho defendants pluy has
nave become satisfied. a1er witnessing u, mat u -
independent ADAPTATION aud translation py the de-
hnca novel, by Pr,nce f.upcm,rskh entitled
lies FoDc,onnaires ct 5oyarJs." tho commo
source oi the piaint,is adaptat'on and tho
Defendants Tho ueendaups version w,s
different IN dialogcc IN Situations ana IN scenes ifo
the plaintiffs, the only thing common 10 lhe two
Ueing the thread o tho story. iLe paihtna' adapta-
ton differently mounted contained olhet ciIractcr,
other scenery and d,nefen,ly arranged, asd ,bo
Ia" OF stage proprietary rlshtso welt se.t,cdcouit
not be invoked by the plaintiffs III ,his casc. Und.r
tboso CIRCUMSTANCES ne wa. instructed by the
piainuns 10 abandon the luJuocuou 80
lar u rcstrainei the deiunJants Irouh
producing ,hcir play. and 10 iiint tud
application to al inJuucnen loroicdng tiem lro.l
ny the utle -! he Exes.' Even as 10 ms apple
catiop he acknowicageu tnat there " re- many oturr
plays with the same itls, alleged Ny The Jvfena-
ants, but he claimed the njonctou on tnis theory
rha plan,ts and ass,yuor Victorian sardou,
the original drainazcr IN FrcGch had maze The tita
popular aud prontabie first, by hc long and succcs
iui run oil the French adap'aon at the Theatre Pore
ST. Nirrn, 10 Paris; ana second, at ths Boston ihc-
ARE ,ston, and al the Walnut Street fheara.
Phiiadeipha. He contended. however, that the d.
feudaats, intending 10 dcccivu tue public had
nounced thcr bills That wss tho play That had
fuu successfully at tho Porte 81 Mntir fber,rs III
Paris Ou this ,,ao OF Iacs he sisicp tuat the CURT vf
equity should Interfere II Dcing immAteriai whether
the ,itlc Ia original or pecniier or posscsses tcr.fy
merit and tLat tho Interference win tue good VII Ut
plan,ls' play ana delepdanus Dad taith tho
basis oi relir and Gail action the equly powers
oil the Court. lie cited this point Two decisions of
cniel Justice Curtis, OF tnc superior Court IN Daily
Court upneld Days utie 10 ''Piquc."
TITLE
Ex.Mayor Hall rcaI tue affidavit OF Mr. Dun and
Others, showing that the title "ihc Exiiss, was
old ain.liai one IN dramatic literature He pro-
duced list o puoilshcd plays Ia corroboration OF
Judge D.l,cnhoeior said he would concede th,s but
stil nc maintained that The plant1s nad property ~
tins PLAY.
ExMayor Hall urged that when u title know u
throughout the world, and has been used Tor ycars
and centuries, II belongs TO the world and no one Gan
appropriate IL
Mr. Brooke rSso 10 address the Court, but Judge
Donohue SAID II was UNNECESSARY ior Mr. BROOKE 10
say any thing on the matter
the Judge thou stateu that the bill originally con-
tanned lhrcc grounds Tor an uiuncton :tirst, tnao
the defeudauts play was tue same us tho pa'ntiHs
second, that the "Exilos" bad never brcn used
before tuird, lhat the uctcBdants usod tne same
name. Inc Two nrst grounds having boon abandoned
the bare skeleton only Remained rs 20 the rght VI
the dclcndunts TO use tho nane ms impression was
against tne pianis, but nc would take .ho papsfs.
II he desired 10 hear the defendants urther nG
would lek them KNOW.