The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-04-28
KIPLING COPYRIGHT SUIT.
POETS IA TIER TESTIEIES AMOUR II
ELEPHANT AND SW1STIKd.

"a TIER TESTIFIES dBOUT THE
ELEPHANT " SW1STIkd.
Literary Agent Says That Matter Not Writ
ten or Authorized by Kipling Was In
cluded In the Brushwood Edition by the
Putnams-Rudyard KiplinE May Testify.
John Lockwood Kipling. Rudyard kiplinGs
father. and A. y. Watt. iudyard kiplinR's lit
erary agent. gave testimony before United
States Commissioner Shields Yesterday in the
suit brought by the author against G. L. Put
mans Sons to recover $4,000 damaRes for
alleged infringement OF certain copyrights
and trademarks and for unfair competition In
the business OF the plaintiff"
While no complaint has been filed in the
suit. 1t Is known that the Putnams' bo-called
"Brushwood edition" OF Rudyard kiplinR's
works is the basis OF the suit. According to
the defendants the volumes corc posing this set
were purchased unbound from Mr.. kipling's
authorized publishers. bound by the Putnams
in a uniform binding and offered for sale in
their retail store. They maintain that the all
thor received his royalty from his publishers
and that they had n right to buy from any pub
Usher and sell again copies Of his uncopy-
righted books.
Augustus z. GerlitS. attorney for Mr.. Kip
ling. said yesterday that the plaintiff would
charge that the defendants offered for sale un-
der tho authors name some works which he
had authorized for publication AMI sale. some
that he had not so authorized such az Depart
mental Ditties" and earlier stories. like Sol
diers Three "1he Phantom Rickshaw," &c).
and some matter that he had never written or
authorized for publication over his name.
This last specification referred to a book enti-
tied "A Ken OF Kipling.' hy Will NJ. Clemens
George l.. Rives appeared for the defendants.
President George Haven Putnam OF the pub
fishing company was present.
Mr. kipling. Sr.. testified that he Is G2 years
old. resides in Tisbury. wiltshire. England.
and is retired from the Educational Depart
ment Of the Indian Civil Service. lie served
twenty. eight years in India. part OF the time
rs professor in the Bombay School of Art. and
in 1875 he established the Lahore School OF
O.-How long have you been acquainted with
the plaintiffs literary works? Aver since
on cross.examination Mr.. .Rives took up
or qualify it. beyond adding that his son began
Xix Illustrated Leaflets We're shown to the wit
ness Ivy Mr.. Geritz and he identified. them az
I Isss oT isq, ,o or ths sw coRsss m of lis ~ sons n'S e aPHier
stories. All re presented Indian scenes and
each bore the familiar k,ipling elephant head
nesha. the Hindu deity, Of au,pleiouspsss or
pu, in the drawings the elephant head and the
Swastika sign al his sons special request.
The Swastika Is to be found over the doors
ut Hindu houses. explained the witness. and
is a sign associated with the beginnings Of
any effort in the law. commerce or writing;
unon any undertaking."
The stories for which the six illustrattir2nns
sstSes u % ihS 9%SfI nSlEe.,, IN nd 1aqet i% asf be @ditF;,
were printed before the International Copy
right law went into effect and have been re-
produced here by any publisher who chose to
The witness testified that he bought a set of
The "BrTshwopgd Cd e: .t ,Ion that at th rut SsTibs. 11
Outward Bound" edition elerhant was re-
produced from a photograph 81 a terra IRA. Gotta ots
phaDt holds a lotus flower in his trunk and the
S,wastika sign Is there On cross.efaminat,S
f P",n %i1ne sdl etm'' hoid ,"G no ne ffoe s'ep" ner IS the
swastlka sign on The edition; In the dr aw ",
ten the. left side Of the head is shown
ket for their MANUSCRIPTS; arrang, tr the pun.
and attend 10 the many operations necessary
to issuing a book, English publishers, have
what are called colonial editions, whi n,n are a.
quirements to he complied with. II the work
Il ton "'t rish Is " have t" fs''if ooke DO out Tor. Alto;
eether there is a great deal Of the commercial
: side Of publishing n book. | have known Kip
ling since 800 and was called 10. America
three weeks ago to inquire into an alleged UNI
authorized publication OF his works l mover
authorizedt the Putnams to produce either Rud-
ward Kipling's books or John lockwood Kip
4 volume OF the Putnam edition entitled
THE Seven Seas" and printed by ID. Appleton
4 Co. was shown the witness. On mage 21l
was found The Vampire" and on page ?l1
THE occasional" The witness swore that
Appleton q Co. had never received the right to
publish these TWO poems. In ,ross-sXamtna
ton his atten ion was called to the Inscription.
Critic Lenfet Company. 1893" at the bottom
OF the Iages containing the noems; This di1
and he gave his opinion that the mater was
wrongly included by the Putnams In a volume
published by d.. Appleton d Co.
Mr.. Watt testified that the titles OF kiplings
works and the first lines OF poems arr9nged al
phahetically In "A Ken OF kipling", were parts
OF the writings of that author. and that their
publication In the Ken was not authorized.
The Ken is furnished in the Putnam set with
a fac-simile of kipling,s autograph across The
cover and the elephants head and the words
"Brushwood Edition. Rydyard Kipline'' on
the back. Mr.. Gerlitz made the point that q
book not written by Kipling was published
under his name. II was said at the examina-
lion that Rudvard kinling might 20 on the wit
ness stand before returning to England.