New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-09-03
NELLY BRINGS BOOKS INTO COURT.
COUNSEL FOR COLONEL SAVAGE AGAIN ERI-
TATED AT THE DEFENDANTS DELAYS.

COUNSEL FOR COLONEL SAVAGE AGAIN IrRI-
TATED AT THE DEFENDANTS DELAYS.
The examination before trial of the books Of F.
Tennyson Nicely the publisher who is being sued for
royalties by Richard Henry Savage. the author. the
latter alleging that there is about $1,000 due HIM
and the publisher declaring that he is the creditor
was continued in the Supreme Court yesterday under
order of Justice Beach. There considerable
element the preceding examination because Of
Ncelys long answers and the tiffs between Messrs.
Smith, counse, for the plaintiff and Sayton for the de-
PENDANT Mr. Smith went before Justice Pryor to have
Nicely punished for contempt for not producing all
the books called for by the order Of the and for
refusing to answer questions. but Justice Pryor gave
the defendant until yesterday 10 get books that were
needed from Chicago. Colone. Savage was not in evil
dence yesterday morning.
!, boy accompanying Mr. Nicely carried small
package OF books into the examination room. Mr..
Smith seemed rri;ated because Nicely had tod the
Court previously that a carload Of them coming
from Chicago.
Have you the original books Of account between
yourself and the plaintiff here?'
Yes" answered Nicely. Some here and some
are on the wagon at the door" M Smith looked
Modified and called for the books showing the sales of
novels of Colonel Savage. Mr. Nicely sent boy down
10 the truck at the door for the books and this took
up time.
Have you the original printers bills showing the
number of copies Of Colonel Savage's books printed?
and some destroyed.
produce those you have.
Mr. Nicely again called the boy and sent MN down
10 the wagon for the bills. Matters began to drag
wofully
Mr. Neelv was then asked to produce the first book
showing the original sales and read the first item
showing the sale of the book, Little Lady OF lagu-
nitas" Mr.. Nicely began 10 read
Now ! don't want any long speeches cut In Mr.
Smith.
Don't interrupt me-" said Nicely.
Mr. Nicely seemed TO have changed his tactics
since the previous examination. Then he gave
twentv-minute answers to each question put Yes
terdav he took time 10 think after each question: ana
on a long nunt for every book or paper ne was
old to produce.
Have YOU the printers bills for any OF the noves
| Of Coon-l Savage published by YOU
Mr. Neely found them after a protractec search
\ and road 4, number for some OF Colonel Savage's
| hooks Mr. Smith wanted bills and Mr. Stay
| ton Neelv's counsel went down 10 the wagon TOT
another load OF papers Just half an hour was spent
looking over files by Stayton and Nicely put no Hio'e
| bills were found. The adjournment hour theh III =
| rived and Mr. Smith said he would lay the matter
| before the Court and ask for announcer uas 'o' IN
| animation.
Stayton and Smith went before justice ''e"o" "a
! the hearing by mutual agreement to have ahotner
| aav for tho hearing set Mr. Smith wanted TO press
| MS motion to-day 10 have Nicely punished Tor cor
tempt but Mr. Stayton said ne ha1 q hiouo ie "a
ing before Justice Pryor to ssnu u" y, Tvesdav NEXT
reference and this would be dP on ueSuaSS IN
lie wanted the matter put off unii! AFTER we
Of the motion Justice Beach finally got me e..
10 stipuate that both motions woull ne ~ daciJe
! dav and giving Justice Pryor chancc 10 ucn1v
them he mi the further examination OF MT merry
| over until Tuesday next