New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-11-15
nILKESON AGAINST BEECHER.

THE SUIT OVER THE LIFE OF CHRIST"
SEEKING DAMAGES T )R Mr.. BEECHEEs ALLEGED
BREACH OF CoNTRACT-HOw THE CLERGYMAN
SUPPLIED COPY TO HIS PUBLISHERS.
The trial of the suit of Samuel WilkesOn
against the Rev Henry Ward Beecher to dam
ages alleged breach OF Contract the part OF Mr.
Beeeher IN regard 10 the writing of The Life OF Christ
begun yesterday in the Supreme Court before Jus
ce Barrett and jury The contract for the breach OF
which the action begun provided that Mr. Beecher
was TO write book 500 pages, 10 be en-
titled The Life of Clrist" Mr. Beecher WAS TO use his
best exeriOns complete the manuscript within eigt
cen months. The book to be brought out fret In
twenty parts and afterward IN quaro and octave
volumes. The contract entered into between Mr.
Beecher and j. B. Ford of the firm of J. b. Ford Co..
on December g. 1867 Mr.. Ford agreed to pay Mr.
Beecher $4,000 or before January L, lsOS'
besides royalty Of 80 cents volume and
l-5 cents a part. Should Nj. Ford wish to sell the
work. Mr. Beecher had the privilege Of buying the
plates Mr.. Wukeson, who q me noer Of the firm OF
Ford Co.. paid Mr.. Beecher tho $4,000 The con
tract was assigned to the firm of Ford Co. On the
failure OF the r the passed into the hands OF
W. H. Rutter. the Of the fra. Nj Eutter sold
the contract at public auction to A. H. Wright, vino
afterward assigned il TO Mr. Wilkeson.
Thorndike Sanders yesterday appeared counsel for
Mr. Wilkeson, and Thomas q. Sherman, William {.
Beecher and J. v b. Lewis counsel for Mr.. Beeeher
After the case had opened Mr. Shearman moved 70
dismiss the complain: several technical GROUNDS.
Justice Barrett denied the motion. Mr. Sanders then
put in evidence a number of papers and assignments
showing Mr.. Wilkesons title 10 the contract He also
read letter written by Ford TO Mr. Beecler sep
TENDER 6, 1900, in which Mr. Ford tells Mr.. Beccher
TO use his own pleasure and Judgment In regard the
number of pages when the book should contain. Mr.
completed the first volume but never furnished
the the second The first witness called
by Mr.. wIKeson john r. Howard, who was one OF
the partners Of the rn of Ford Co. He said that the
firm rendered Mr. Beecher regularly every six months
accounts Of the sale OF the work. prospectus with
specimen pages the work issued aud sent ont 10
agents while the work in process OF publication.
In the prospectus preface written by Mr. Beecher
Mr. Beecher said that the work had delayed hey
the expectation Of the publishers, who were in no way
responsible for the delay He himself had been unable
to 20 ON with his part Of the work Mr.. Howard said
cost OF publ shing first SOP 100 15
including the sum paid Mr.. Beecher; draw
ings, SOS; engraving, S7,799; and S4o935 81
for the cost of manufacturing the books The books
which sold cost $29,52O. The OctavO books which
remained unsod cost $3378 90; and the Guarto books
unsold cost Ss.037 80. The income from the quarto
books sold was S29, 227 So and that frOD the
books sold was S38. 256 20 making IN all S674S4 %
Mr.. moved 10 amend tue complaint so as
to make lis allegations conform 10 tue proof Mr. Shear
man Ouposed tue MOTION asserting that taken Dy
surprise Justice Barrett allowed the complaint 10 D.
amended SO mat il as ed judgment damages
SIS 600 inst ad Of $43 900 and for $500, instead OF
Sl236 the amount OF royalties PAID r Beecher Oh the
first volume.
Mr. Howard further testified that the sale OF the
volume had greatly injured by the tact thut
the cory" had been delivered in such irregular guam
tes ana such long aud uncertain intervals, that
il was impossible to publish the work, as had been III
tended, IN parts, but only In the form OF volume
great many volumes had also been left unsOd because
the demand for them had not been great had been
expected account of the unlocked decay IN bring
ing them out. Mr.. Howard said tnat Beecher had
been impOrtuned to furnish the copy Tor tne book
promptly and regularly. He read letter addressed
Dir. Bercber and dated July Is, 1868 IL stated
that the engiayngs for the BOOK nearly ready and
great deal Of capital had been Invested when
lying Idle. Mr.. Beecher therefore asked
state he could furnish more copy"
His attention called TO the fact that the public
mind in proper condition TO receive his work, but
tnat il would always remain Ii the book de-
Iayed much Onge great loss would result to DOTH
begging Mr.. Beecher pardon him for troubling him
MIR Betcher) lime he occupied VITA other
grave and important matters Mr.. Howard also read
letter written TO Mr.. Beecher on NOvemOer 20, 1865
This letter TO tue effect that Mr. Beecher had Mr.
HOwards mind rest IN the previous summer Oy saying
that lie actively at work the bOOk,
that this restfIl OF nina mad been destroyed
by not receiving the hOped-for copy" Mr. HOw-rd IN
his letter added that the public locking forward
anxously 70 he publication Of the book, and that the
book agents loudly complaining because of the
long delay he then stated at length the business EN-
barrassmens in which he Involved by Mr. Beechers
neglect TO iuhl his contract.
The trial Will be continued to-day, Mr.. Beecher
engaged IN looking papers connected with the