New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-10-17
At 90 SUES PUBLISHERS
Court Delays Mrs. Merriweth-
er's Action Against NeaIe Co.
WHY.WAS LETTER SENT ME-?
Controversy Arises Over Novel
St. Louis Writer Paid $500
to Publish, She Says.

Justice Samuel T. Maddox OF the su-
prcme Court. Brooklyn, held up the triaI
OF the suit OF Mrs. Elizabeth A. Merri-
wether. ninety years old, Of ST. Louis,
an author, against the Neale Publishing
Company yesterday. pending an eXplana-
ton OF n letter sent him a few days ago.
Apparently from the publishers, Offering
him subscriptions 10 three publications
81 did not know this case was on the
calendar. but the publishing company
did" remarked the justice. Now, why
I'm view OF this approaching case, was
this letter sent 10 me-"
Tho attorney for the publishing com
parv said that none OF the defendants
was In court then. and that he could not
explain why the letter was sent. Justice
Maddox would not so on with the case
until a satisfactory explanation was made
10 the court and the trial was adjourned
until the afternoon and then put over I'M
Ill this morning.
Mrs. Merriwether the plaintiff, although
more than ninety years old, travelled
alone from her home. at No. 37l6 Delmar
Boulevard, St. Louis, to press her COM
plant against the publishing company,
which she charges with violating a con-
tract made on December a. 1909, 10 pub
llsh one Of her novels entitled Sowing
OF swords" or THE Soul of the COS"
H. her complaint she says that she for
warded the manuscript to the Neale Pub
fishing Company, and In return received
letters praisng her literary efforts. Then
a contract was made by the aged author
with the company to publish the book,
and she advanced $500 TO defray part OF
the expense connected with its publica-
ton.
After waiting reasonable time and
not hearing from the publishing house
when the book would be Issued. she wrote
her publishers n letter Of inquiry, and was
Informed that her work was "crude. like
that Of a en-year-old child" whereas
previously, she declared, they said the
book had great inherent worth" and that
il would make a great sensation both
North and South" She was then urged
TO have II published at once.
Mrs. Merriwether wants the court 20
nnnul her contract with the Neale Pub
fishing Company, and have her $500 re-
turned, on the ground that the company
did not represent It's true intention In
reference to publishing her book. Shy
charges the company with not trying TO
advance the sale OF her novel, In accord
ance with the agreement. The $500 she
paid was supposed TO cover the first edi-
ton of 1000 volumes, but instead Of that
number being placed on the market. she
says. only 30 copies were printed. and
all the royalties received amount to 81 SO.
Mrs. Merrlwether was accompanied In
court by her son. Lee Merriwether, an
attorney and writer OF st. Louis. He was
a candidate for Mayor OF St Louis ten
years ago.
Mrs. Merriwether has just issued "a
statement TO the public and warning
To unwary authors" against the methods
OF publishers who play upon the lack of
business experience OF writer's TO induce
contracts which make It necessary Tor
advance payments by authors TO cover
part of the cost OF publishing their stores.