Year: 1867

out from memory By Mr. Florence II is admitted thas
the play is substantially the as the play peIoet
IN LOndOn but the defendants rely on the peculiar sta"
Of the law, which, in Of uncOpyrghtcd pcQucto,
only protects the manuscript. The andaUts also s@tS
information that The manuscript Is m the posse OD
other parties than Mr. Waaci I'm tbs country For Mf
Florence, similar affidavit read, setting mp, asp
that the writer and Mr Walack were DotA BRUSH sun
jccts


Mr. Booth claimed that at common law authors have.
independent of statute right TO the productions of their
own brains long they unpublished. He claimed
that this had been published, certainly mover
Mr.. Hall, for defendant, admitted that against copy
right representation not publication. Mr. Booth
decided the representation Of Byron AIarinO
laliero in which that point decided He also cited
hearer could carry away from play he had right TO
use but II impossible that any could carry away
the whole play, Mr. Florence alleged to have done
Mr. Florence that he made up from notes and
memory. Now he had no right to make notes.


Mr. Hal-The answer does not say that he took notes
in the theater. He had q night to make notes from
memory soon as he got hOme and those after


Mr. Booth further claimed that so long as the author
preserved his title to the literary property, he could sell
copies to as many persons Win local licenses, as he


MI Hall, on behalf Of Mr. Williams stated that he Ir
great loss IL this Injunction continued The


ent part of the plaintiff amounted to this that
and from him obtain licenses for various localities, thus
giving him indirectly power which no native play
wright had The word notes had crept In accldeny INTO
the papers but Mr. Florence here ready to make
affidavit that part Of the play written except from
memory Such feat was not 50 extraordinary as II
seemed to Mr. Booth There gentlemen sitting at
the table who after sitting out play would II the papers
they attached TO desired IT, give every part OF the
play, incident by incident in due order at once But
with Mr.. Florence distinguished actor trained specially
in stage business the feat scarcely wonderful done,
his statements showed after repeatedly hearing It,
Tho legal portions of the argument would be at
tended to by Mr. Cram, who appeared for Mr. Florence


Judge Barnard here announced that in consequence OF
an engagement he must adjourn the argument


Mr. Cram and Mr.. Hall both earnestly protested against
the continuance OF the temporary injunction. The night
the first Of the the announcement was made
and there opportunity TO substitute another play
To stop the play would be to ruin the whole Mr.
Cram had ENGAGEMENTS which would prevent his attend
on Tuesday


Mr. Booth asked that the injunction stand. To allow OF
its production for single night would deprive 1t Of
its freshness, and so OF half its value.


Judge Barnard suggested that the contrary it would
be an advertisement.


1t was finally arranged that the injunction should be
suspended till today when if the defendants required
further delay they must give bonds for the injuries that
might be sustained by the plaintiff; but the must be
argued and decided ON Wednesday.