The evening times., 1899-06-24
An Action Involving the Right
to d Title.
Discussions in Court About a Pre-
else Definition.
Suits by the American Society
Against the National AssOciatiOn
and Other Organizations.

resumed yesterday De1Oro Justice BOOK
| slayer, in special term, Part v. Of the
supreme court. with a continuance Of
testimony in behalf of the joint defend
ants.
The plaintiff organization was seeking
| to enioin the defendants from using the
| words Colonial Danes" in their title
names. The days session opened with
an elaborate discussion of the precise
definition Of the disputed words. Col.
Franklin Bartlett appearing for the plain
tiff society.
John NJ. Bowers, counsel for the de-
fendant,. picked up a phamphlet. entitled
Two Colonial Dames," and read from q
rhyme called Dorothy Hancock's Break
fast Party" az follows:
Quoth the Governor to his Dame.
When the French feet sailing
Into Massachusetts Bay:
I'VE must make feast straightaway,
Spread board Of bounteous cheer,
For the gallant Admiral here"
Nothing 10th, the three-years' bride,
Fair Dame Dorothy, complied,
And with fine housewifely zeal
Planned at q bounteous meal,
Fit to set before King.
THE poem," Mr. Bowers remarked, "re-
lates to a breakfast which. tradition tells
us. was given to the Comte D'Estaing and
other persons Of rank while the French
feet was in Boston Harbor. by Governor
Hancock. about HTS" Mr.. Bowers con-
tended that there. could be no exclusive
ownership in the word Danes or Co
the poem selections in which the title Of
Dame" appeared. He read:
Who can paint the dire dsmay
OF Dame Dorothy that day2
Again he called attention to
Cakes and dainties of the best
AT Dame Dorothy's request.
Mr.. Bowers cited other instances in
which the word Dame" was used in
prose and verse, and insisted that the word
had become common property. He then
called to the witness stand Mrs. Emile
McKim Reed. OF Baltimore. a member OF
the State Society OF Maryland. which Is
also a branch Of the National Society. Mrs.
Reed identified typewriter copy Of the
original minutes OF the meetings at which
the Maryland State Society was organized.
The first meeting OF the National Society.
she said. was held on May IS, 1892, at
Wilmington. Del. Mrs. Reed testified that
she was a member of the National Society,
as well as of the Maryland State Society.
A copy of the minates of the next meet
ing OF the National Society. which was
held in April 1894. at Washington, was
also produced. Mrs. Reed said that the
last meeting of the National Society was
held in April Of last year at Washington.
At one meeting of the National Society.
she explained. delegations from Pennsyl
vania. Delaware. Virginia. Rhode Island.
the District of Columbia, and Maryland
had been present
Colonel Bartlett objected to this line of
testimony and Justice Bookstaver sug-
gested to Mr.. Bowers that it had gone far
enough.
Mrs Reed said that at present there
were thirty-two Incorporated and two un-
incorporated State societies. which were
branches of the national society.
What is the total membership of all
these organizations?' enquired Mr. Bowers.
About 1000" replied the witness.
When did you first hear the name Co
IoniaI Danes used?''
In $780,
What do you understand the words Co
lonial Danes to mean?"
Il don't know what the term means"
What are the objects and purposes OF
your society," resumed Mr. Bowers.
I'VE collect relics and preserve historical
records; we have purchased historical
property. anbhave given prizes TO children
in the schools. We raised money for relief
work in the Spanish-American war. end
we have done many other good works"
Colonel Bartlett. in cross s-examination,
asked what was the name of the Maryland
society.
ut is called the Maryland Society Of
the Colonial DANES of America replied
Mrs. Reed. and was organized in April.
1891, being incorporated in December Of
the same year"
Didn't you know that at that time
there was society in New York calling
itself the Colonial DANES Of America"
asked Colonel Bartlett.
Yes, l did"
And that fact was known to your asso-
ciates?"
II believe it was" replied Mrs Reed.
Then you intended to take our name?'
Colonel Bartlett.
Il didn't think about that We took the
name Colonial Danes.
Mrs. Edith Bucklin H. Mason, OF New |
port, r. T., who was for eight years presi- |
dent of the Rhode Island society, was the |
next witness. She explained that she is
now the honorary president OF the Rhode
Island society. which society, she saio,
was organized on March 1882.
Colonel Bartlett here interposed an OBJ
lection to any more testimony about the |
societies of Colonial DANES Of other States.
He said that the court had no jurisdiction
over the societies incorporated in other
States. /
"Mr. Bowers.~ he explained, seems to
think that we desire to attack and disrupt
these societies We desire nothing OF the
kind; not at all. They can live forever so |
far as we are concerned; all we want them |
to do is to change their name and not use
ours"
At the conclusion Of Mrs. Mason's tes-
timony. Justice Boekstaver said he bad de-
cided to sustain Colonel Bartlett's objec- |
ton, interposed previously, to the admis-
sion Of copies Of the minutes of the meet
Ings of the Maryland and National Socie-
ties He ordered the court stenographer
10 strike out the testimony relating to the |
copies Of the minutes Of the meetings held /
1T Wilmington and Of the past meeting at I
Mrs. Reed. Of the Maryland
State Society. was recalled. and said that
she would on Monday produce such origi-
nal records OF the minutes as she could
ind Some she said. had been destroyed.
The trial was then adjourned until Mon
lay morning next at 10 O'Clock.