New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-09-04

ANOTHER LIVELY SCENE ~ THE SUIT OF AUTHOR
AGAINST PUBLISHER

ANOTHER LIVELY SCENE IN THE SUIT OF AUTHOR
AGAINST PUBLISHER.
There was another lively scene in tho Supreme
Court. before Justice Pryor yesterday. when
other phase Of the suit brought by Colonel Richard
Henry Savage. the author. against F. Tennyson
Nicely publisher. was heard Savage claims that
there is $1,000 in royalties due him. and he sued
Nicely for the amount. He also got order for
the examination Of Mr. Nicely and his books before
trial on the frs: examination there were many
disputes between the lawyers both sides. Mr.
Stayton for Nicely and g. painbridge Smith for
Savage arising out Of the fact that Nicely did not
produce the books called for in the order Of the Ap
peate Division. and also because Mr.. Nicely took up
the time Of the examination in making long answers
to the questions put TO him. Mr.. Smith got m
order TO punish Nicely for contempt in not producing
the books and when this came before Justice
Pryor. he gave Nicely until September to have the
books or hand go to jail.
on Wednesday Nicely had the Court House
doors CARLOAD Of books. which he said mad just
come from Chicago. The examination proceeded.
but Mr. Nicely had changed his tactics Instead
Of making long answers he consulted the books
after every question and II took him. more than half
an hour find answers in this way to some Of the
questions Mr. Smith asserted that Nicely had not
produced the original books and papers which were
called for in the order. and yesterday he tried
push the matter of the alleged contempt.
Mr. Stayton also had motion. which was 10 send
the matter 10 a referee to be heard. The two mo-
tons came up together. The principal things Mr..
Smith wants the original printing bills for
Savage's books When he asked Mr.. Nicely for
these on Wednesday. Nicely said that he had
statement but that the original bills are destroyed
or think they are destroyed
He has not produced all he was required 10 pro-
duce has he?" asked Justice Pryor when the
matter came up yesterday Tell the truth
Il do tell the truth" exclaimed Mr.. Stayton in a
rage Il always tell the truth do not want TO be
charged with not telling the truth" Mr.. Stayton
then explained that everything had been produced
a. he understood the order.
Il adjourned the last hearing TO give you chance
to comply with the order" said the Court. You
have trined twice with Justice Slower"
Il have not trited with any one" said Mr. Stay
ton. angrily. II am candid with every one
Take your seat. sir. said Justice Pryor. 1t IL
time that Mr.. Nicely understood his position. The
answer he gave about the printers bills
sive. 1t full of dupicity.'
one and tina, he would send the question Of whether
Nicely had obeyed the Court whether he should be
punished. to referee. Is that agreeable" asked
tho Court.
Nicely ought pay the costs OF the reference Stay
ton objected. He said If Nicely was guilty he would
pay II he was not. Savage should
1t j. my impression that he II guilty. said JUS
tce Pryor and If he wants the benefit OF a refer
ence he should pay for IT,
Mr.. Stayton sim thought he was right. and that
Very we'll" said the Court. Il ind that he de-
PENDANT is guilty Of contempt. and order his answer
stricken The motion by him 10 send the matter
10 a reference deny. Submit an order"
tice PRYOR said ne still willing to give Nicely
the chance OF a reference II he would pay for H.
Il would Ike 70 speak TO my client before decide
on that" said Mr. Stayton, and Justice Pryor gave
I'm lfpftl fo-ta To