New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-08-20
COL. SAVAGE SUES MR.. NELLY
HE ALLEGES THAT THE PUBLISHER HAS
DEFRAUDED HIM OUT OF $4,000
ROYALTIES.
PECULIAR FEATURES OF THE sUIT-A LIVELY
TIME BETWEEN THE OPPOSING ATToRNEYs-

y
the courts IN this country was opened yesterday in
Psrt II of the Supreme Court The suit is one OF an
au hor against his publisher, and the only exact par
ael that comes 10 mind at the present time Is 'hat
of Paul Bourget against his puplsher' III
which the author won his suit. The pres
ent action is one brought by Colonel Richard henry
Savage who has written number OF novels. amohs
them being MY Oniclal Wife" "A Princess OF
Alaska" etc against his publisher. f. Tennyson
Nicely, formerly Of Chicago, but now OF THIS CITY
As general rule It has been deemed suficient tnat
an author be allowed to see and approve the re-
port Of the number OF books printed and sold ana
the other accounts OF his publisher But in this
case Colonel Savage thought that he was Jusuheu
in seeing the Original books and accounts OF his pub
Usher lie alleges that Mr.. Nicely has defrauded MIN
out of about $1,000 due him from royalties ana he
has brought suit IT, as well as 10 recover
possession OF eleven sets of electroype p'atcs
of novels on which he has the copyright Colonel
Savage also alleges that he has been defrauded by
Mr. Nicely of moneys owed to him for work
in writing done by him the request OF Mr.. Nicely
The case went to the Appellate Division OF the
Supreme Court motion 10 have MT Nesy
produce his books for examination before trial lhls
was allowed by the Appellate Division and the ex-
animation begun In one OF the rooms or the
Supreme Court under orders from Justice Slower
Yesterday morning. The examination was hrst or
dered TO be held on August II. but was postponed
until August Il at the request of the defendant An
endeavor was made 10 begin the examination on tue
17th but there no books In evidence On
Tuesday the defendant said that he was sick and he
was obliged to pay so and costs. The examination
in reality begun yesterday morning.
TILT BETWEEN LAWYERS.
The little room in which the examination was held
contained only few persons when It was opened.
They were Colonel Savage and his attorney c. Balm
bridge Smith; F. Tennyson Nelly and his brother.
Mr. Neely's attorne-, William H. Stayton;
Edward Crowninshield and Frank w. Crownin-
shield and a number OF newspaper men, The exam
ination opened with Mr.. Nicely on the stand. and
Mr. Smith began to fire questions al him as to the
whereabouts OF the books OF the firm OF which he
is the head The answers made by Mr.. Nicely were
not at ali satisfactory to Mr.. Smith He said that
all OF his books and papers were not at hand When
asked where they were he said that he did not Know.
but finally declared that they were in the custody
of a transportation company and were in transit to
New-York. He did not know just what books they
were Mr. Nicely talked 10 his attorney. ard this
exasperateG Mr.. Smith. He demonstrated with Mr..
Stayton. Mr. Stayton's answer did not calm the ruff
fed spirits OF Mr.. Smith, and he said. What fool
you are!'
Now It was Mr.. Stayton's turn TO become angry.
and he did with a vengeance. His face was about
the color Of a prize peony and he turned 10 the
offending attorney and said with anger: you had
better no: go too far on that II you call me
a fool I will punch your head" The threat did not
discompose Mr. Smith in the least. His giving
vent his spirits had evidently done him world
of good, for he plunged once more into the exam
ination with renewed vigJr While this amcabe
tiff going on between the lawyers, Mr. Savage
turned to OF the reporters and said In a dis
danful voice. This Is what you call the practice
OF law"
Mr. Neelys emory all through the examination
seemed decidedly deficient. He was unable to re-
member the names of the bookkeepers who had
made out a certain book of accounts that came up
under the examination and which he said he
thought was made up Of accounts of the last year
or more. He even professed himself unable to re-
member the name Of one of his former managers,
but he did remember that the manager in question
dead.
After good deal of skirmishng the part of
Mr. Smith and Mr.. Nicely, the latter was finally
persuaded read the entry in the account.
book. The entry was as follows: October 1889. j.
r. Hawley, Cincinnati. Ohio. 10, "Delilah. of Har-
lem; TO- Masked Venus TO- prince Schemyrs
Woong'; 10. Little Lady OF Laguntas." During
the reading of the names Mr. Nicely had a good
deal Of fun with Colonel Savage After the read
ing of each name he would look up at the Colonel
al by himself AZ he pronounced the name THE
Masked yenHS he looked sIyly at Colonel Sage
clerk who was taking down the testimony asked
him. can't you. Colonel? l guess you'd better ask
him. he invented 1t AL by himself" The allit:
nounced IT twice with evident relish. AS he nm
ished reading ne turned to the author once more
pleasantly of his opponent.
MIR. SMITH AGAIN STIRRED Up
The remainder Of the examination failed to elicit
any material information from Mr.. Nicely lie said
that he did not know the names OF the printers
who had printed THE Little Lady of Lagunitas"
and that the books and papers In reference to the
matter would be produced at tho trial. There
were number of other things that were not in
evidence which Mr. Nicely also said would be pro-
duced at the trial. AT the close of a long answer
TO a question. Mr.. Nicely began address the
he had offered TO both Mr. Smith and to Colonel
Savage all the information that desired on the
age. During this Mr. Smith fairly wrthed in
agony and endeavored to bring the witness back
~ the question AT issue. Colonel Savage also sat
upon pins and needles and smiled at the speech,
put could do nothing to stop It, Mr.. Smith tried TO
P ul stop 10 II, ana when he finished Mr.: Nicely
SAID that he reminded him of a soda fountain from
the way in which he sizzled and fumed. At this
Juncturc recess taken
G. After the recess Mr. Smith took the matter TO tho
Suprem4 Court, before Justice Slower and said that
Mr.. Nicely had been guilty of contempt OF court i'm
that he had bad over month in which TO produce
tions that had been made by Mr.. Nicely and re-
minded the Justice that the order had specifically
ted by the defendant at this examination Mr.
Stayton said that his client had tried his best to
The Justice granted the uIaniT leave ~ 49, liz;
Special Term No / to punish the defendant for a
contempt IA not producing the books and papers
al his eXamination as a witness. This permission
was accepted and the examination was adjourned
until September at 1870 o'clock, in Part III OF the
Supreme Court
f. Tennyson Nicely issued a statement last night
in which he SAYS that Colonel Savage's account
has been oycrpaid to the amount of S26 80 He
also alleges that the demand for Colonel Savage's
books was small. and that Colonel Savage has
missiatcd the facts In public speeches and I'm talks
with reporters. lie SAYS further that Ire has pub
lished 1900 books Of Colonel Savage and has paid
him royalties on l25cO OF them, and that 5000 of
these books are on hand ursold or in the hands of
the trade subject to return. Mr.. Nicely adds that
he has directed his attorneys to for the
amounts Overpad Colonel Savage, and to institute
a SANDER suit for $4,000 against c. Bainbridge
Smith, Colonel Savage's attorney.
NAVAL RESERVE TOUR OF DUTY.
LLEUTENANT-CO COMMANDER KENT'S ORDERS FOR