Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-09-19
THE DISPUTED PLAY.
nJUSCrog HEARING CONTINUED.


TIT morning, iu tile Third district
c.ufl bad nlou Get ns tuu date Tor tho
legal battle between "Chstloy's Auup
and college Chums,' with Attorneys
Barlow For.usln AMI j, l.. igawlius ~
the ardent uacBtrs Of The former snd
Judge D.y Is The ou,hl5as.ic second
OF the latter
Recently Chief Justice Merritt grant.
ell a Temporary rc.ltaininr order, 10
thC isstaucc OF MI Charles Ffonmau's
attorneys, agaih.t Manager r. r.
O'lialioy OF the Lyccum tuvaipr iu this
c.ly, prohibiting him from presenting
the play which be had teen running
on the boards Of bic establishments
under the title Of "CollcRc Chum, nuut
which the llhiutll claims WIS simply
, plr,tod production Of "Cnarlry's
Aunt" lhu author Of which Il the
weil.Euowu playwright Brandon
Thumas, and the sole right Of which
ia the Quilted states II vested In Nit.
Ffyhman. Damage In the sum Of
ahH""' at' tthNWAtN NtslNANA tANAA AAls
O'Aiallvy for the alleged inlringemouL
The htaiiux an the order u show
cause why the injunction should not 10
made perpetual wa, looked for this
morning, AMI more than usually
large number u persons were pruvut
iu cou3t.
Wheu the case was oallei, however,
at 1873, Attorney Barlow Fer.
guson ut onrc applied Tor Two
weeks continuance, to enable tue
PLAINTIFF counsel to obtain the all.
davit oi Brandon Thomas, 40 TO tho
authorship oi 'Cbaricy's Aunt" a
telegram was reHd from oft. Ffohman
stating that he bad lelegraphod lot tnis
to London, fnsisad, whcfs tie author
named now IN.
THIS brought Judge Dey To his feet
In quick time. lie Insisted that thcrr
was no showing NJ all 10 lus.ify con.
unuaucr, aud declared that this whole
matter wa. nothing more than at art
iul move "to Try aud btop IOpulSe
little theater up the street."
Attorney kAwnus replied that the
application was To have the deienjant
prevented from piratng play Of
/ which " was ciaimtd BfgudOn ihgmhi
I Of LonIon, England, l. the author
] The allegations showed the right al
that play 10 the plaintin anu that tue
defendant hal Inifinged that Tlght.
Counsel said they wanted reasonable
time TO obtain from London tho necss.
,ATy proof Of authorship. IL they
we're not entitled 10 that, Of course
their right WAS worthless. Due diii-
geuCe had been exercised and tho
btiiiHvit was on the way here. Win
thAt one exception thuJ were ready 20
proceed with the hearing.
Judge Merritt thought a weeks Con.
| tiuuRuCe from tOiAy would he sum
client. The AFFIDAVIT, ho Haid, IuBht %
be here by that time, aud MI. Froh-
MANS attorneys hHd better "btlr MIN
W" by telegraph.
Ire bond whs originally fixed at
| 81 900, aud this Judgc Merritt now
consented 10 increase ny an additional
| $1,000, femufhiug, lulH must DO u
very valuable play,
So continuance lill this day week
was allowed.
The duieuiant has put Ia hls answer,
| practically dong ing all tue allegations
| contained Ia the complaint. lilo b.
particularly dcsif9us therein Of empha-
slang the fact that tho Lyceum Il not,
m alleged, Fan inferior tneateB" Oh
the contrary, MLO'Malley avOWs that
itIs "a standard aud reputable theatog
In every rtaptc', uut has Ueen gtley-
auCe TO the plaintiff anu Otusr s0.oallcd
managers, by rgasJuUf dUiendant nav.
ing reduced the price VI admission,
without drtcrlJfsting or dutfScling
from the quality OF the performance"
! lie denies that ChafleJ's Aunt has
ever uuru dedicated 10 the public"
auI diselaims ll toto tho charge VI
| piracy.