New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-02-20

elsewhere refers exclusively to the amount OF royalty
20 be paid by her. tho territorial limits within
which the sole right to produce the play n eiroom-
scrihed Mr. Moss. the other hand argues shat inc
word 'elsewhere" referred 20 the provincial ana colo
mai cities Of the Britsb EMPIRE and that Mis- Ward
puecbzcd rht 70 produce the play outsae Oh drea'
Britain and fts colonies.
John H. Bird, Miss Wards attorney, presented the
plaintiffs case the Court and read afdavis by Mics
Ward and Others IN support Of tho motion Miss Ward
says that IN opening the negotiations with MI herVae
with regard TO the purchase Of the play she stated 10
bm that she was arranging for an American tour anu
wished to get good play for the United States ana na
Il was distinctly understood between them that the play
was sold for repres at any place on the III
habtabe globe" 1t asserted that her exclusive right
questioned until Mr.. Merivale had discovered
from its great success that he had made Dad bargain
Mr.. Merivale Is also said to have conceived
malignant hatred" for Miss Ward. because she
had substituted 0 daughter Of Grace GREENWOOD III
the place Of his sisternaw. who had appeared ID tne
part of Rose de Bac the first representations OF the
play Misc Ward concludes her affidavit with the state
mont: without vanity, verify believe the success OF
the play depends upon my creation OF the part OF
stepAante ana that If 1t permitted to be played my
right Of property in IL viii become valueless to me- as
no damages could repay me for the time aud money
have spent in producing this ofteneected play TO the
public" Mise Wards brother, Albert l. Ward, declares
that present the negotiations for the purchase
of the play and that Mr.. MeriVae knew perfectly well
that his sister was American actress and was buying
the right to perform 1t the United States He also says
that O. Grove Of the authors subsequently to the
admitted 70 him that Miss Ward h1d ACQUIRED
the solo right TO the play IN this country ana %
that bargain with her very unfavoraDle ono 70
the authors. Augustus +. COe, Miss WARDS LONDON
solicitor confirms the statement OF Albert L. noru hat
the word " elsewhere" In the agreement was useu III
order to embrace every place in the World IN Nmch
tie play could produced" MI Bird also reau many
letters from Mr. Mervale TO Miss ward, some OF them
bearing date prior and others Immediately snDse-
quent TO signing Of the contract, which, nc urSen
proved that Mr.. Merlvae at that time believed ne h"
sold the sole right 10 the play to Miss ward ., .0
A. j. DittenhOefer in opposition 10 the moron reaa
afidavits by Mr. Moss. Mr. Wallack, Mr.. Mertvae AMI
others Mr. Menyale declares II personally conducted
was SAID or intended about the United States previous TO
ths production OF the play, nor there any mention Oh
them In the contract II was fully Understood on my
part 50 ecal steps aud special negotiations %Ouu
give" , A.. A., A..
and Mr. Wallack, and urged that MI Merlysie wa, was
he had United States and that he could not nave
intended sell what he did not know he possessed he
alsO claimed that negotiations with h1lss Waru nau
been had with her as manager Of the Lyceum local
English theatre, and not as an American actress
Robert 6ewe and George r. C1nneld appeared
that In the granting part OF the contract BE-
tween Mlss Ward and Mr.. Mervale, there was no re-
etrictop whatever " place. and that there was no
evidence show that the sole right TO the play was not
been the market for several and no one c0ud
be found who willing to produce It, IL had been
theu would been taken up ut his theatre
genius OF Miss Ward had not revealed lis great
merits. Mr.. Meryae had sOd the play for small price
It thought TO be unfit for the stage ana now,
after lis success attempting repudiate his bargain
fairly entered into.
Judge sedgwck reserved his decision