Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-09-26
ARB NOT READY YETI
The Frodmau.O'allIey Injunction
H.aTing Again Goes Over.
ruA AFFIDAVIT HASN'T ARRIVED.
Gut Judge Merritt l. Weary Of these
Cuuilnuaucos, aud rlaluly
says So

NtlH 10.
The theatrical Injunction suit Of
Charles Fftamau W. Manager r. b..
U'Alniley, OF the LycrIm ,hc,lrr in
tnis city, had uoru specially se, down
i.r healing this mnrnlugi but tho
plain NJ attorneys were again not
really 60 pIuyeoI, anu ~ after some
ulscussiuB another continuance waa
obtained.
a. Inns bcru already stated In these
columns, the present. ntisailoa arises
out Of tue PRODUCTION 10y the dc oudant
%! play which ho styled College
Chums, hut which No Fmnman 80.
-I-ts Is none 0thurthau thutcreamingly
iuuuJ comedy widely kuuwu ~ Char.
.oy's Aunt anu wniel HRs maJe ~
nis hit 70 th va America and
EuglspH. The SOLE ugut OF tuis ulay
200 ihu United States is vested Ia tue
IisiLtin. A temporary Injunction Ia
now iu force, the sum OF .l,uuO being
claimed uB damages sgalast Mr..
J'Mallry The impvudiug hearing rs
uu an order to show causs why tue iu.
Junction should not be mair lerul.
uuut.
"Arc you re dy 10 20 On with the
case, gvutlrmrt2" asked Judge Mcf-
nv OF tue respective attorneys this
morning.
eve gre not" was the Response Of
Attorney Barlow Ferguson, o, counsel
Tor Mr.. Ffuhmnu.
"wcll," queiied the court, "will
you ever be teaulg" The question was
asked amid some laughter
To tuis Aiioruty Ferguson replied
certainly, RENT Jung tue Judge, now.
ever that wnsn tbs matter was called
up week ago he stated that hB
feared they wound not uu really
TO proceed today. The uiildavlt
OF Mr.. Brandon Ihpma', tnu author
OF thnrluy's Aunt, nad not yet, no
tald, arrived itUm England. GA tho
last occasion, COUNSEL iurther observed,
tue court increased the piaiutiii's BOND
by $1,000, wulCh was &, NIFTY gwen,
making "a total bond oi s25,UuO. Mr.
FfUham teitgtapheu him on tue 2Afh
inst. tuat he would forward tho htii-
davit 10 salt Lake the moment " at-
rived, aud also that lac expected it
daily. IL II turned cut that Mr.
rnOmhh was not tno author VI this
particular play, said counsel, tno de.
fvuuRnt had ample tomedy GA tnis
plnI, with two good turetlvH Ia each
case. Counsel ON tue other sue we're
simply seeking to crowd this mat
ter unuect ssarily at the present
time. lt seemed 20 him tue
court should afford tne plsinui
an opportunity ~ grt the silldavit
here. o. course " the defendants
counsel were willing 10 admit now
wuAt tue affidavit would shOw-thHt
Sir. Thomns was the author OF tue
play-lhry would We prepared 10 go on
win tue case. la auy event, any
terms tne court deemed II fessDuAUlo
TO impose the plaintiff would DO wiiling
10 submit tU.
JuIgu Msffltt-You have had TWEEN.
~ days already, aud that 1. surely
tim, enough 10 get Ru siiiiayi. from
I'm dam.
Attorney Ferguson added 10 what he
had Blre,uy stated that MS associate
counsel Ia tue cssr, Attorney j. l..
ktwlius, was slcE anl unable ~ uu
pres nt today.
Judge Merritt sail u ufse that was
circumstance 90 he considered Ia an
application Tor a continuance; tut CeI-
tuiuly he thought tuu plaiullt's sue
hau not show suili1Ivut diligence IA
ihis matter. lhcJ uaI no rixht 10 hiu
their guus NJ toe defendant brIuIu
.hry we've quite IeaIy to nguL
(laughtrr.l ihry must Mt taku 80
suNp JuIg uirnt on THIS mnu,'
Attorney Frfgusuu said they had no
lrritu g. dUsI. Would tue court grant
them u iur,hvr continuance I'LL utXt
Monday morning.
Judge Irrut-l cannot give you
Tor ever on tbs que ra-,l
AttITnvy FufgusJL-lmpOHe what.
ever terms you like, but We would likc
an opportunity OF pttteutlug ths
matter taiily sui tpuarvly 10 the court.
I. We are not In the Iight We would
rep M In damages willingly. II
tn,lr wltnesses are here Nc are Willing
10 pay them,
Julgu Doy-It seems q mo It
would be- very severe uyoa tho
uuirnIaut m tuis case e. co tiuus
The Injunction when from tue
uHy originally appointed f0r tue hear.
ing he has uren rrHuy 10 have tina
matter heard, 1 may Just NJ well he
rank anu tell what the trouble H..
Next week the Church Conference
viii uegit "A good week Tor shows ami
engagements VI that Eild,
A. counsel was pro urIlug, Judge
MrTrlt iutrTpOsed with The TrmAfk-i
want 90 stOp lhis right nov. am go
Iug 10 ret tui- bearing Gown fur S,tur.
thtn No bll huzAtur.
JuIge Dey tmltci uui Attorney
Ferguson looked uuuulip..