The sun., 1909-05-22
AGAINST TOWN TOPICS co.
Photographer Gets Nominal Damages In
Roesevelt's Picture Case.

Photographer Gets Nominal Damages In
Roesevelts Picture Case.
Peter A. juicy, the photographer whose
suit against the Town Topics Publishing
Company caused Theodore Roosevelt to
spend an afternoon making deposition
just before he left on his hunting trip,
recovered a verdict OF cents when his
suit was tried yesterday before Supreme
Court Justice Dowling and jury. The
Court ordered the jury to bring in this
verdict because he said that the plaintiff
has suffered no substantial damage.
Juley's complaint alleged that he had
agreed to sellito the defendant company
for publication in -Fads and Fanciee'
photograph OF Mr.. Roosevelt sitting at
his home at Oyster Bay. front view,' for
s. with the understanding that 1t should
bear his copyright marking. The mark
ing was missing when the picture was
published When juicy consulted his
counsel he was told that he had two
remedies, to sue for $3.50 for violation
Of tho copyright law and to bring an action
for damages. He offered to settle for
$3.50. but the Torn Topics company
wouldn't come to his terms and he then
sued for 900.
The photographer was on the witness
stand most Of the time while the suit ~
on yesterday. He said he went TO Oyster
Bay in zoos and took picture Of President
Roosevelt. A COPY OF 1Fads and Fancies'
was handed to him and he identified the
picture that was printed as the one he
took.
Justice Dowling ordered that the book
be handed to the jurymen 90 that each
could examine the picture. and thus pre-
vented the marking OF the book.
When Juley had testified to tho CORE
spondenoe he had with the defendant
company after the book was published
without the copyright marking OF the
-You had no conversation with the
subject OF this photograph. President
Roosevelt had you?'
NO replied Juley
President Roosevelt's deposition, In
which he admitted that Secretary Loeb
ment at the White House that the use
Of the photograph In question had never
been authorized. was offered in evidence.
II was on the strength Of this statement
that juicy brought suit. II DEVELOPED
later that Secretary Loeb had sent the
picture to Justice Joseph NJ. Deuel..
MIR. Loeb. now Collector OF the Port
Roosevelt's deposition was read. said
that he always made arrangements for
photographing the President and always
directed that three or four extra copies
should be forwarded to the President
after the portrait had been approved by
him. He said he made the condition that
the President should not be restricted as
to any use he might make OF the photo
graphs.
Lawyer Craig OF Hoadly. Lauterbach
4 johnson. counsel for the defendsnts.
asked that the complaint be dismissed
on the ground that the court had no ju-
risdiction in case where the question OF
q copyright was involved The Court
denied this motion, and also another one
to dismiss the complaint on the ground
that no cause OF action had, been made
out.
Justice Dowling then Turned to the jury
and said that even admitting that Juley's
photograph had been reproduced with
out a copyright attached he had suffered
no substantial damage. He. ordered that
the nominal verdict lie. returned. which
was done.