The New York Herald Newspaper, February 14, 1875, Page 7

DRAMATIC COPYRIGHT, © f 'Ths Case of Dion Boucicault vs. Josh Hart. ARGUMENT OF COUNSEL The Main Points on Both Sides Contrasted. WHO IS THE PLAGIARIST? An Interesting Scene in the Court Room. Promptly at eleven o’clock yesterday morning Judge Woodruff took his seat on the bench of the United States District Court, No, 27 Ohambers street. An unusually large attendance was present; ‘she occasion, the second rehearsal of the dramatic suit of Boucicault vs. Hart, or “Shaughraun’” ve. @kibbeeah.” Great and unusual interest attaches t@ the case, principally from a general desire: to ave the authorship of the popular drama, entitled the “Shaughraun,’” supported with such favor for wo long a time, once forever decided, and also to have the mooted question of the right o/ copyright to dramatic representations passed upon by the Court, The latver consideration is, of course, the prevailing one among the dramatic profession, some promiment members of which, at present im the city, presented themselves in court yesterday. The knights of the sock and obuskin lose their brilllancy when they wash off their paint and drop their glitter with their spangles, and when they appear 4 a real court, before areal juage, they look as matter of fact as other people. Some of the Thespians, however, were somewhat loudly at- tired and clung to the traditional black velves Jackets, bine tics and lavender-tinted gloves, which appears to be a besetting weakness of va- Blety actors, val Daring the proceedings considerable sparring took place between the silver-tongued Counsellor &’Gorman end the vivacious little Purdy, with his colossa! mustache. Counsellor Purdy laugned and a@ppeared to be disconcerted &t nothing that his dearned brethren in the law coula allege against bis arguments. Mr. U’Gorman took ‘a philan- thropic view of the case and stated that it was an important question of protection for the literary ang artistic world, and cited several English cases Dearing upon the issue. Mr. Boucicault was present at the commence- ment of the proceedings, but left in company with Mr. Montague to take part in the matinée per- formance of the “Shaughraun.” is interests were carelully watched by Manager Palmer, who sat near Counselior O'Gorman. Mr. Wright, of ‘Wallack’s, was also in attendance. At thelaw- yers’ table Mr. Josh Hart ‘was seen, portly and Pleasant looking, and apparently fearing no tL Manager.Jonn Dof, lessee of the Olympic Theatre,.,| and Mr.Jonn F. Poole, the author of the burlesque “@book-raun,”’ were also among the audience, ‘Mr. Bliss, United States Diatrict Attorney, dropped in at about half-past two to listen to the proceed- fmgs. Mr. Stout, Stage Manager of the Theatre Comique, was an attentive listener to all that - ‘transpired, likewise Mr. R. M. Carroll. It was quite apparent, from the deep interest Manifested by these gentlemen in the proceed- ings, that beneath the suit under consideration the feeling was thatthe decision to be reached Would settle a question that nas long been in abeyance and doubt. The faces of these theatrical gentlemen formed astudy. The great aramatist, with his very baid ead and almost femjnine features, contrasted strongly with the gotund head of Harry Palmer, who, in a huge and comiortable overcoat, caressed Ris auburn mustache and seemed quite contented ‘with himself and all the world beside.. Mr. Bouci+ cault watched tne course of the legal argu- Ment with interest and deep attention, though it was diMcult to believe that he could: #o readily assome the character of a bar- Fister on the stage. Looking at the aathor ef the “shaughraua” as he sat there by the coun- sel’s table just behind the portly and imposing ©’Gorman, the old theatre-goer failed to find a trace of the wily barrister who once defended BMe Deans, at the Olympic Theatre, so many nights, in years gone by. Then Dion was thecen- tral figure Of an exciting and absorbing scene; now he sat quiet and almost hidden in the group around him. Looking back to that old stage trial the eye missed yesterday the glowing color that attended ancient trials. There was no scarlet avery for the crier; indeed, there seemed to be no crier at all in the Unitea States Court, unless tt ‘Wass queer looking old man, who sat in a corner,! a@pparentiy, forgotten. The Judge wore no wig, nor did Mr. O'Gorman have agown. The talk was iegal and dry enough, but tha eye found no relief in this federal Oourt of the Repubiic. M any future dramatist ould seek to place the scene on the stage he Would find that the costumer and property man , could afford him no assistance. Portly Jobr Dut was very wise looking, though he perhaps did not. take im all tbe bearings of the case, as did the @uthor-actor, yet he was @ central figure, quite aldermanic in solidity ana rotundity, only needing the scarlet gown and huge gold chain to make jim a worthy representative of ancient Guildhall, ig Manager ana dramatist, Mr. Poole, was more anxious. He was no doubt thinking of the ap- Droaching matinée at his taéatre, and wondering ifthe people were on hand and getting ready for their several parts. Thougn he &stened to the ar- gaments, pro and con, his mind was far away in the midet of the parapnernaita of scenery and gas ete. The scratching of fiddies and the bray:ng of orns Were in hit reand made sad work of the technical legal verbiage thrown so unrelentingly at the Judge. On the table in front of Counsellor Purdy was a fellow covered book, for reference, entitled “Katy Bbononue,” by Ohariés Lever, and at the back of. said gentieman’s chair was an immensescarpet beg, which bad disgorged @ dozen or so of law Dooks. When the case was closed Manager Palmer ued his large blue silk scarf around his neck wnile talking to Oounselior O'Gorman, who told Mr, Boucicault that all looked very encou In the course oi the proceedings Mr, O'Gorman, of counsel jor Mr. Boucicanlt, said he was autnor- ized by bis client to state that if any one could prove that the’‘Shaughraun” was taken from any play, boox or literary production, or that it was in guy respect other than his sole production, he would pay to that Pare S000. The caxe of Boucicadult ve. Hart, having prece- dence, was the first cailea on. , Mr. O'Gorman at once rose, and addressing the Court, said he bad now to offer a manuscript copy pts of the “Shaughraun,’’ to be subject to the 01 of the Court, according to notice served ‘to that offeot by tne other side. Mr. Purry objected to its reception. The Oourt overruled the odjeciion ana admit- pr eo manuscript of the play in evidence as or- er Mr. O'Gorman then offered in evidence the am- tof Mr. Boucicault and his record of citizeu- ehi The Court said tt was unnecessary unless the Otner side raised the question. The Court then directea Mr. O'Gorman to proceed with his argu- ment. MR. O'GORMAN’S ARGUMENT. Mr. O’Gorman—Your Honor has suggested the Mecessity of being brief on the presentation of this. Case, and I sball endeavor to confine my remarks in a8 short @ possible space as may be consistent phn my daty to Leet Now, Your Honor, the foliowing tacte-suificiently appear in the aMaavit as it now stands ot Mr. Boucicault that he Is a. citizen of the United States and a resident of this City; that om October 26, 1874, he mailed to the tle} is Congreas a printed copy of the tle of his ~, “fhe SRaughraun;” that on the 14th ol jovember, 1874, this piay of the “#neughraun? was first presented at Wallack’s Theatre to Tes producing tickete 80 Witness the same. ‘he play had beeo in re- hearsal for about four weeks previous to that 14th fot November, which would bring it back ‘to abous ti 10th of October, 1874, which ‘wonld ve been about the date of Fe first rehearsal. since that 14th of Novem- r the play has been represented and has Acquired great reputation aud turned out @ great | het Success. The “Skibbecan” was first presented January 46, 1875, in theatre of the defendant. On that day, or the evening of shat day, M: nt, prompter in Waliack’s Theatre, who numerous represeata- fiom of the « ” wont to eee the rep- Fevsunex' of hu,” and his aMdavi 6 a I” womb Cr ee. “ioomes, “in NEW YORK HERALD, SUNDAY, FEBRUARY 14) 1875—-QUADRUPLE SHEET. the events, im plow 1 it which 1 called stage buaines in” language in many instances, in purpose, in ‘the nature of ¢ otions sought to be produced, that ti beeah” and the “Shaughraun” were so | be almost identical. He tna ‘ef various scenes, acted in the same way, having same incidents, the same scenery, in mav. spects the same language, and being io all re- spects the same except in the change of name in the actor. Ali that human ingenuity could do to. effect a periect unity and identity betw the two scenes iu those respects has been done. All that human ingenuity coulddoto take possession of and use the tatellectual property of the plain- ua, in the case of the ‘ nscghraon,! a turn it over to the use of the “skibbeeah,” has been done in these two cases. The affidavit of business, Mr. Wright goes to the full point. We @lso have tne aMdavit to the same effect of McGraw, jo of Mr. Boucicauit, so iar as he is able to We have also the affidavit of Mr. Reeve, wi connection with the case is r great importance, The instant the comp! Mek é jound this strange and mysterious similarity pe- tween the “skibveeah” and the “Snaughraun” he wrote to the defendant a letter warning him that he was committing what is understood by the term ‘piracy, and that he would hold bim ac- countable, and demanding that he desist trom continuing in the wrong, Since then, im spite of that warning, the defendant has gone on repre- senting the play, @ng, a8 ia seen by the affidavit 1 read, ts to-day—is now actually endeavoring to well the right to act tne piay of the 'Skibbeeah,’” which we claim to be the same as ours, gnd en- deavoring to sell rights to actors and stard and to others for the periormance oi that play, to the Mantlest, material and iwcalculable damage to the plaintafl of bia rights, and thereoy imiringing on these rights. AFFIDAVIT OF THE LIBRARIAN OF CONGRESR,~ If Your Honor please, the striking similarity be- tween the plays is nowhere denied in the afi. davit of the delendant; nor does the defendunt anywhere deny that ne took the “Skipbeean” from the ‘‘shaughraun ;’’ but there is an evasive state-. ment in his affidavit, were is a slippery language in that affidavit; but a bold, manly and plain Dial Of the offence is not to be found in it, to the aMdavit of George L. Stout. He By he went to work to adapt a play for the Theatre Comique. Your Honor will remember that from the 10th of October, 1374, the play of the “Shaugiraun” was under rehearsal. f . O'Gorman greenest to read portions of the amMdavit.) here the ,aM@davit speaks of the verbal description on! which he had of the play o! the ‘“‘Shaoghraun’? Mr, O'Gorman, in comment, sald—We are not told how tar that verbal description went, how far the chit-chat of the green room escaped and reached his ears, and whether it was a verval description, minute and complete, of the ; “shaughraun,” or whether it was vague ana tn- [{defaite, he did not undertake to say. But he tion of the “Shanghraun,” and goes on and fi ishes, And what nappens then? He reads hi “play tothe defendant, and what then happens? Mr. Hart at once 8: “But, oh! is not that like the “Shaugbraun,” and is not that an infringe- ment? The similarity was so great and identical that he was atruck with it, and Mr. Hart instantly takes alarm aud says, “This may be a very pretty play, but it is too like the “Shaugnraun”’ not to be an iniringement,” Mr. Stout says, ‘No, it is not,’? and there the thing stands, [mr. O’Gorman reads from the affidavit of Mr. Hurt and comments.) Now bere Mr. Hart goes on to say, “I drew all my plot, incidents, scenes and construction from the play of “Pyke O'Callaghan,” changing the text and ali the names, some of the language and some of the situations. ‘The position of Mr. Stout, then, is that he has committed no theft on the plaintiff, but that he did commit a theft on the author of “pyke O'Callagvan."? Now, then, let us understan: how that is. Notice tue affidavit of the author o “Pyke O'Callaghan,” who ought to know his own roperty When he sees it. He goes to the play of he “Skibbeeah,” and says, “Yes, I recogaize clearly the theis of four scenes of my play, but they nave been iugeniously concealed, Now peo- ple who commit offences against the law do not usually proclaim it on the house tops. When a criminal breaks into a house and steals valuable plate his first step is to melt it down, to change its appearance and form, so as to avoid detection. I say this merely as an ijusiration. in the same way when one desirous to possess bimself of the intellectual work of another man, or plagtarizes nis literary work, he endeavors to avoid detection by chang: ing the name 6o far as possible, and doing some- thing which will, 80 far as may be, render tue articie as uifferent in appearance from the article to which it belongs as possible, although the identity might be the sume. Now, apart from these four scenes, admitted to be taken from “Pyke O’vallaghan,” there are eght scenes whicn have no similarity in the world with “Pyke O'Cal laghan,” and which are taken, if 1 may use the oes body and soul from the ‘‘Shaughraun,”’ he scenes ure not only simular, but identical— identical in every conceivable respect but in the use 01 the names Of the characters. Mr, Stout could not have got eight scenes from “Pyke O’Caliaghan,” for they were not in the play togetirom. Then where did he get these eight scenes? How pnilosophize, bow explain the miracke tbat these two plays should turo out at different times—the ‘“Shaughbraun,” remember, Your Honor, some months before the *‘Skibbeeab,”? and both identically alike? We must naturally suppose tt some electric fash of cofMmunica- tion must have peen transmitted from one author to the other, some occult injormation been inter- changed. Tne Court, reading some papers, inquired as toa joint in the discussion, which Mr. O'Gorman ‘having expiained, proceeded— Your Honor, I was proceeding to say that the human mind, when it sees wondrous transactions presented, naturally rejects the hypothesis of miracles or violations of the Known laws of nature, and at once goes in search of some rational commonplace explanation of the ap- parently supernatural. ‘herefore, | say we are warranted in arriving at the concin- sion that the explanation of the iden- tty between’ those eigut scenes in the “Shaaghraun” and the signe corresponding and identically simtlar scenes In the ‘‘Skiboeean” is that Mr. Stout got information, in quite a common- place way, by long taiks with some of the parties who witnessed the rehearsal, which was known to be talked about, and which, in fact, was a mat- ter of complaint on the part of tne plaintiff. He made this very subject @ matter of complaint to the manager of the theatre. Leaving that ques- tion aside, however, Igo to the last evidence in this case of identity between the two piays. We have the affidavit of Mr. Stout showing how and where he could bave got the iniormation, with all the other affidavits showing the identity of tbe two plays. But, independent of all this, we have | the admission of tue deiendant himself in that printed statement which he got to be printed and published, and by nis direction scatterea broadcast over tne land, to the effect tuat the “skibpeeah” is nothing more than a clever con- densation of the “Shaughraun,” with some of the scenes transierred. That is the statement ac- ceptea by him as correct, cut vy mim irom the ‘columns of the Spirit af the Trmes and used by hin ‘agan advertisement and tnducement to persons and witness iis piay of the “Skibbeeau,” nothing more nor less than a~clever ion Of the “Shaughraun,” as we claim, or other thaa they claim, (Mr. ©’Gorman then read from the aitidavit, eat a sumtlarity in the characters introduced into tne two plays.) Now, Your Honor knows that @ vlay 18 Dota mere matter of writing a drama or & narrative. They represent two altogether different schools of thougut Thought i put in action ine the arama It 18 not the wor spoken that alone produce the effect; there are accessories, action, byplay, which is Caled stage business; movement, scenes instan- taneously Changed, which iy meant to hold the Mirror exactly up to nature—all that forms the Play and ali that is the property of the author of the play; and here we show that all that, to the whole minute business, scenery and all are trans- ferred from one sheatre to the other, and that the whole of the “Skibbeeanh” was and is an offshoot of our play. Now, Your Honor, the fact being incon- trovertibie that the play of the defendant is the same play as ours, intended.to be the same pro- duction, having the same series and sequence of events, in ail conceivable respects the same by Dame, Creating the same emotions, and, as far as possible, producing them, that being. I think, in- Controvertibly settled, we proceed to the other questions in the case. THE LAW OF COPYRIGHT. The question, then, is, Did the complainant en- title bunself to the protection of the laws ot copy- right by filing his printed title of the play ? ‘he Court—That may rest for the present till you hear something on the question from the other bide. Mr. O’Gorman—I accept with pleasure Your Honor’s suggestion. | may make an error antici- pating my Own points, which, after all, in fact, May not need argument, My only remaining question, thon is, Is MR. BOUGICAULT GUILTY OF PLAGIARISM ? He claims to be the author of the play. He is, in fact, the author of the play, ana he comes before this Court claiming that he is entitled to the pro- tection of the law a8 author of tt, The defendant claims that the “Shaugiraun” is the same piay as “Pyke O'Callaghan ;” that {t wastaken from “Pyke O’Uailaghan ;” that the iatver play was the source, and the main source from wnich boti Mr. Bouci- cault and Mr. Stout derived their inspiration. 1s | dei fact, Ike nothing that nas been hitherto produced yon the same subject—that is, of Irish life and oharacter. Mr. Reeve says so—ne oi all men to be natu Supposed the most sensitive in recog- nizing a plagiarism, tf any, in whe play of the “Snaugbraun,” had been committed against him, We are iniormed there is 4 WAKE 8CENS acted in the “Snaughrauo,” which, it is said, is to be found in the play of ryan O'’Lynn.” Now,- dead men are not taken out of a vay ‘at all thi they sometimes exist tu reality (?). Wakes arecom- mon eventé—or used to be—in the olden times, and there js no necessity for any author to claim that be discovered a wake, which is a part of the ordinary life ofthe Irwn peasantry (?). But, be- tween the two Pe % that of the “Shaughraun,” by Mr. Boucicault, and “Bryan O'Lyun,” there 1s just a8 much difference as wlii be found vetween @ Greek iragedy and one of Shakespeare’s com- edies—no similarity whatever, Again, we are told that in the wake scene there is the same language used by Mr. Boucicault asin the wake scene which is taken from Mr. Hall’s “Ireland,” and the lan- guage selected for the purpose of attempiing to establish this 18 ses forth in some of the deiend- ant’s afidavite,. 1 will not detain Your Honor by Teading it Let it stand as part of the affidavit, aud Your Honor will see in reading it in @ moment that in ideas, in execution, In the ex- Pression of human emotion, there is not the slight- est possibie similarity between» the two, Your Honor, at this stage of the case there does not seem to be anvthing more that I oan say. not know what time will be leit me in re My nay at It I will here, before concluding, merely ad seems'to me tias there is mo Kind or class of cases that can apply. with more propriety to the protec. vion of the lbw, with stronger claimg of ustice,* than this kind of literary property, In our world: of labor and care and anxiety a Httle play ta just as meconsar7. ss @ little work. Woe nave, in fact,. too much of the latter and too Itttle of the former, And I coniess EF thing the community owes something to the man that gives us an hour of release from anxtety—tnat places belore Us an evening's entertainm in which no emo-. tons are elicited but such are honest, genial thapk the man that enables me and generous, to @ play which refines me by tears that never” enfeebie and giads me by laughter that never de- rades. Mr, Boucicault, may it please Your onor, is a benefactor to society, and hia works as such benelactor, it seema to me, ougndt to be protected. The more we have of that sort of thing the better for us, and it is for the protection of such We now appeal to this Court—tuat all pla-® giarism shall be stopped, that all piracy be pre-- Vented} that the father shall not see his child Kid manped belore his eyes, his child dressed in new' clothes, taught to speak id Fr reclaiming his own child—his own literary offspring, the fruit of nis own brain labor, inatinct With big Own nature, vital with his own life—that, is what we now ask the Court to help us to reclaim, MR. PURDY'S ARGUME?.T. Mr. Pardy, tor the deience, then addressed the Court. Counsel confined himself very strictiy throughout to the main legal points upon waich he relied jor @ denial by the Court of the Fyre for an injunction ugainst his chent, le said:— This 18 @ motion for an interlocutory injunction to resi the déiendant irom periorming a play called ‘‘Skibbeean,”’ at the Theatre Comique, on the ground that it 18 an iniringement of the plaintin’s copyrighted play of “Snaughraun,’? The plainuft files hig bill in equity, and upon thatand an aidavit he moves for the injunction. The bill acates that complainant 13 a citizen of the United States, This is denied for want of knowledge or in- formation sufficient to form & belief, and it is ak leged that he is a resident of Great Britain. It also tates that he is the proprietor and author of ‘shat This {8 also denied, It is stated generally in the bill that the complainant has complied with all the requirements of jaw in re- gard to copyright, But we deny that ne has ever gone more than deposit with the librarian of Congress & copy of tue title, while the complains shows that the play has been publicly performed, ‘without reservation, many times, It also charges: IY that the defendant’s play is identical aughraun’’ in purpose, plot, incidents, stage action, scenery, business, costumes, and, in many instavces, language; but the complainant does not attach a copy of “Shaugnraun” to his ers, OF in any way bring the infringement to fendant’s knowledge, except by a (ew speci fio allegations of iventity, Which are ampiy met by aeteddant’s aMdavits. The suit is based upon the Copyright statutes of tne United States, and must stand or fall by them alone Now we claim, Your Honor, that no per~ son can obtéin @ copyright unless he 18 @ itizen of the United States, or a resident therein. he complainant alleges that he is a citizen; but, ‘if he is be 18 & naturalized, and not a natural born citizen. The use of the word citizen, tuere- fore, Is @ conclusion of law. His naturalization should be specifically set out, or his certificate of citizenship atvached, As the deiendant is not supplied with thig information, — pecullarly within the knowledge of te complainant, the | dental ts sufficient and the injunction should be Teiused; at least, the complainant should be re- quired to make hie allegation specific. It is Charged that be is not a resident because he is not here with an intention to remain here per- Manently, The question of residence or non- residence, wherever used in law, is defined v; inquiring whether the presence’ here is wit the animo manendi, or the antino revertendi. No Person shall be entitled to a copyright unless he Ke inte! with the Librarian of Conyress, belore publication, @ copy of the title, and within ten Gays after publication two cories of the article. (Section 4,966, R. 5.) It is conceded that he de- Posited the title, but he does not show that he has deposited any copies of ‘shaughraun;” and that ne bas is expressly denied, The burden is on com- plainant, however, to show his compliance with the copyright laws, It is conceded that “Shanghraun” has peen publicly periormed at Wailack’s Teatro tor more tban seventy nights at the instance of complainant, The question, therefore, 18 Whetuer the public per- formance of @ dramatic composition is a “publication” within the meaaoing of the Revised Statutes. If itis, the compiainant evi- dently bas not secured a copyright, and must fall in this sutt. There can be no doubt tnat at common law such a periormance is not a publica- tion, Upon this most of the authorities agree; but il mast be borne im mind that all these author- ities define the word to mean abandonment, The publication of a literary production and its aban- | donment to the public are synonymous terms at common law. But the abanconment to the pub- lc of @ copyrighted work 18 utierly impossirie during the statutory period; heoce tae word “publication” in the statute cannot be used as it 1s at common law, without depriving the statu tory language of all meaning. But iurther, the sam cuuon which provides for the copyright of @ dramatic composition provides also for the copyright of @ statue, and simular acts are necessary to acquire a valid copyright of either. Is it possible that & svatue may be copyrighteu unless # photograph Is deposited within ten days alter its fret public exhivition ¢ Oan it be that a statue May be publicly exhivited, for an indefinite time, no photograph deposited, and the owner re- ceive protection under the staime. because he once deposited the title of the statue witp the librarian ? -Must he make and seli copies of nis statue in order to conetitute pubilcation ? Cer- tainly not. How then can such @ privilege be Claimed for @ dramatic composition, wnen-ine siatute makes no exceptionin itsiavor? The word “publication” a8 used m the siatute must taken in its popular seuse. But, if 1 be beld that the public exhibition of a dramatio composition is not pubiication unaer the Btatute, we contend that the complainant ts HOt entitied to bis suit upon the facts pre- sented until he has deposited the play as required, Toe law does not intend that the mere regis- tration of a title, witiout pablication and deposit Within a reasonable time, suall conser the privilege ol copyright. If it does, the door is open to uncon- trollable fraud and the community is deprived of the rights to which they are entitled, iu considera-, tion of the privileges they conier. The statute Provides tuat no person shall be entitled to a copy- Tight unless he deposits both title and article; and dramatic compositions are not excepted. The sta- tute must be construed strictly against the com- plainant. He must comply with ail its-require- meu English laws provide for copyriguting dramatic compositions different irom our laws. 1t was not the intention of Congress to protect dramatic compositions at ali upon the mere dling Of title, Section 4,066 R. 8., provides that the au- thors of certain articles named shall be protected for the time limited, immediately upon filing the > title ; but dramatic compositions are intentiopally omitted. y are provided for, however, in the following section, which does not Lees Dees filing the title, but only after they are copyrfgnted ; right, and tm which the complainant has no in-: terest, Hence it reasonably foliows that “Shaugh- Taun” ig substantially identical with the same pave and ooke, Ro sd Ke i inal, e complainant a \< vaild, at ast ined tay ae hae ping ts substantially similar to the common material. 1p ali respects, in regard to which he spegnoally, complains, itis substantially similar to com.) mon material. It is ® well settled prindipie that he who asks the aid of a court of equity must. in 8008 facth Sad with, Chea! ter that court hands, He who seeks to” restrain the infringe- ment of an alleged copyright, which 1 elf a” | Piracy, shows no good faith, his hands are un- Clean and he loses his standing in the Court. Upon the facts as they appear @ preliminary injunotion should not issue, © dill does not show that ad the time of tiling the titie the complainant was the éxclusive owner of the play. There is nothing to show that, either at 1! time of fling. wutle or the bill of complaint the com-) a belleved himself to be the ort; | and: rst author of tne play. 18 should appear,’ not only by the bill, but by # separate aMdavt: that at both periods he go believed, e Copyright’ being recent, and the dispute, the com: lainant should be ord $0 bring his action at law before an injunction issues. ‘The injunction ta asked before trial and resisted SuMcient facta are shown tO cast @ doubt upon the ipind of the Court a8 to the originality and vali hy of the ‘A long possession, use or sale copyright, @ con. siderable éxtent and former recoveries do not existe; The injunction’ should not be allowed efore tr} There ts' but 4 temporary demand for the ibbeean,”? and paravie mischief will ensue If tl ‘anfed The Court gnong eaoh party the bene-'j ‘ft to whic! * entitled. Tho most a fs.cam ask 1g sn ‘fnjanction th plain against such.« porte: of bis play ae are, trated. im the disodssion of this point most of he cases cited arisg under the patent laws, Dut they would seem to apply even with fat more force to proceedings for infringement of popyright, + ‘nasmuch as patents are issued with great care nd import a title ie, While g copyright is acquired solely by the act of the applicant. ir. Purdy tilastrated the points of his argument, by geo numerous authorities in support, and reading, atlength, yamenta from the law books,* occupying some two Hours anu a half in a very able! and exhaastive discussion of all potutd pre-- sented by plaintii’s counsel and in support of his own position, ** Mr. O'Gorman followed to repty, énd on concind- ing the Court took the papers and briefs of coun- wel, reserv’ decision, but without intimation ‘When it would render its decision. There was @ hurrying to and fro and 8 bustle in the courtroom, while friends of either party joined in order to retire together. Vounsel and their assist. ants gathered up books and papers, and the gen- eral public, brought together upon such occasionsy: to discugs with deeper wisdom the pros and cons of the “Snaughraun” and the ‘Skibbeeah” than’ had been bestowed upon the question by counsel, and Judge, took their departure, and in a few: Tainutes the court room was as deserted as thes! other arenas where the pla: ‘@ played when the curtain drops upon the last act, when the audi- ence have departed, the lights are extinguished: and the late busy soene left to solitude and dark- ne fj LETTER FROM BARNEY WILLIAMS. “No, 41 East THIRTY-RIGHTH STREET, » Feb. 12, 1575, To THA EDITOR OF THE HERALD:— To my amusement and delight { saw ina legal report in your issue of last Wednesday that Mr. + Stout, stage manager of the Theatre Comique, | in an affidavit, owned to having taken | the scene of tne Irish wake, ¢ intro-) duced in bis drama ‘sktbbeeah,” irom. & two-act piece belonging to me and called; “Bryan O’Lynn.’? Such an example of honest: proclamation from @ dramatic author I am sorry y is unparalleledy a a, Mr. Boucicault charges Mr. Stout with stealing the Skrobeean”” from the “Shaughraun.” If shat is the case, then, Mr. Boucicault’s were thé first nimble fingers in my dramatic pocket. I beg that, if he should be moved by the touching example of Mr. Stout, that you will allow me through your columns so sug- Gest to both these gentlemen the propriety of per- mitting me to make @ ajsposition of my share of the proceeds of the periormances of the plays in queation—bde it large or small. { wish to give it as @n initial cont; tion to the establisnment of an asylum for d 0 @uthors of distinction and sterling honesty, Very as ry ARNEY WILLIAMS, THE CENTENNIAL. ‘ AN INTERVIEW. WITH EX-GOVERNOR BIGLER— MASS MEETINGS TO BE HELD IN AID. OF THE ENTERPRISE—CANADA'S REPRESENTATION AT THE RXHIBITION—A SUBSCRIPTION OF TEN THOUSAND DOLLARS YESTERDAY. The applications for space at the International Exhibition tn Philadeyphia are still coming in rapidly at Mr. Bigler’s office, at the St. Nicholas Hotel. The worthy old gentleman 1s still rather indisposed and suffering from the effects of a severe cold which he contracted during the last Arctic spell. What his views are of the financial Prospect of the patriotic enterprise will appear | from the following conversation which was held yesterday :— “Governor, how is the financial outlook to-day?” | “Ab,” replied ex-vovernor Bigler, with a smile, | “people are not much inclined to think about the Centennial, or, in fact, about anything else while this extraordipary-cold weather lasts.” “What means do you intend to take to arouse the people to the importance of aiding the under- taking?” “Well,” was the candid reply, “we look forwara to the time when we ehall hold great mass meet- ings in New York, not merely to raise money, but to discuss the subject and present its merits and Claims upon the people ip the strongest light.’? THE OTHER HOPR. “Is this your only hope, Governor?” “No. We also rely upon a acene, to be witnessed upon the Oentennial grounds, which wiil be our greatest means of inspiring tne entire country | with confidence in the success of the enterprise and of imbuing the entire nation with an interest 1n its grandeur and national meaning.” “What scene do you refer to?” “Lrefer to the time when the whole valley will teem with laborers engaged in erecting the ex- hibitton palaces and the numberless small build- ings that will spring up everywhere, and which ‘are usually the accessories of the great world faire, This scene will, in point of interest, be almost equal to the exhibition itsself.” “Do you thjnk work will soon be begun?’? “Yes; as soon as the weather moderates sum- ciently @ small army of laborers will be put to work. Every one who will 100K upon this scene will, [am sure, be impressed with the grandeur of this Centennial celebration of our great Republic.” “Whi it oe easy to obtain a good view of the entire scene?” “Yes, by standing on the top of George’s Hill people oan see what is going on in every part of the valley. I think thousands will come from New York and neighboring cities to view this human beehive.” TIME OF THE MEETINGS, “and as to the masa meetings, when will they | take place ?”” “Not until the business season opens and until the public mind is more in tone for it. Then New York, which takes hold 80 generously of every Parte undertaking, will, I am sure, do its duty 8 tne Empire City of the Republic, Having been confined to my room for quite a time by illness [ have been, of course, unable to conr iete the ne- gotiations now tn progress with the express, tele- graph and railway companies; but I think that they will be brought to satisfactory conclusions before long. To-day I have feceived a subscription thus plainly drawing @ distinction in tis respect between dramatic compositions and other arti- cles embraced in the copyright law. (§§ 4,965; 4,966, K. 8.) These sections also show tuatCon- gress did not intend that the mere filing of a title should constitute @ oopyrigat, and unless there 18 a Cs ba! thd the suit fails, else they would not have used the term, ae tee filing the titie,” in the one section, and “alter they are copyrighted,” in the other. It does not appeur vy complainant’s bill, and it is denied by deiendant, that tae com- plalnant ever gave the notice of nis copyright that 18 required by statute. The fact that it would oe to the stock for $10,000, but for reasons which I do not care to mention I must withhold the name of the subseriber.”" . “What is tae work that is being done now on the grounds?” “+t 18 too cold to do much at present, The pre- Parations for the work that te fo open vigorously Dext month are, however, actively going on. Tno 1488 and fron for the machinery hail od tie ila~ ly at Norristown v@ Philadeiphia). aiMicult oF even impossibie todo this is notan excuse. He must, in order to maintatn his suil, comply Wita ali the requirements of tae sta- ‘ute, ‘and this is one. The fact that dr compositions are not meas te Now, what is the tact, Your Honor? THE AUTHOR OP “\PYKE O'CALLAGHAN” comes into court iMdavit and swears that there is not tue slightest similarity between the two plays. Mr. Boucicault oimself swears that he never knew of the existence of the play of “Pyke O'Callaghan” till he saw the document in court. He swears that his play 18 & wholly new and or! nal > 80 1a @ play ci be wholly new a organ, If Your Honor please, no play can be in all respects wholly now original, Every tragedy is not from the pen of Sophocies, with a story Wrought into action representing sorrow and suffermg and crime. These elements, how- ever, must be in every tragedy. Hvery comedy has not the stamp of the genius of a Torence, but cs to make a play comedy 11 must have similar kinds of moidents, There is a general ye universal, (und of knowledge on this subject— one general fund of literature, irom which all may drink inspiration winout any charge of pieg! ‘ism, Thie general fund and source of nowiedge is like the sun itwel/—you may light millions o1 terns a and yet the brilliancy oO the juminary 16 not diminished; but when you come to steal the lantern itself then there is pia- jarism and theft. I say, t) oO! Mr. Boucicaalt, ing the general knowledge derived from his ac- juaintance with the Irish character, writing any frisn play therefrom, there oan be hi rism in that. Every cl are, is eg as Ped re all different; the way eating the wool wubject different, The play thus produced is, in of Kevised Statutes, dees nes imply Congress intended to exceps them from thie Teauiremens, because It provides tuat no action shall be maintained tor tairingement unless notice of the copyright is given. This la! certainly Sppiies to all copyrighted artic section then seta out the manner in which this notice shail be given in regard to all copyrighted ar- Sicles, except dramatic compositions, and in re- gard to these the style o1 notice and manner of giving it are ieft to the good judgment of the Copyright proprietor. How can the oumplainant cecape the Positive requirements of the ute only because auch stature neglects to inform him. how he shail give the notice? The defendant has not tn. Md the complaiuant’s rights under the ¢ 18 shown that every portion whiok 18 specifically ob- jected aa taken {rom common ma- terial, with no aid trom “Shaughraun.” The Diay of “shaugnraun” is not in Court, and the compiainant must stand or fail by the specific allegations in his bill;, even though “Bkibbeean”” Were iD fact, a8 ib 18 not, @ piracy in otner re- spects. It was tne defendant’s right to use the serial be , and #o long as he did nos go to “Shaughraun’’ for ald any simuarity i¢ not au in- iringement, The complainant alleges that de. miles al tities of lumber are algo being Manulactured at various places,”” CENTENNIAL LITERATURE, One of the interesting features of the Centennial Wii be the curious literature to whica it will give Setior Rodrigues, the editor of O Novo ndo (the Portuguese illustrated journal Lge 0 = ead im this cit; for exporiation zil), announces that he will pubiish @ catalogue of the exhibition in the Portaguese an¢ there is no doubt that Centenn: azettes in various lan- guages will be printed somewnat on the plan oy similar publications at the great world’s fair at Vienna, Those issued will contain all items of terest to exhibitors ang others, and a huge ex- ition like that at Philadelphia, being a little panish language: r Woria 1n ttself, there will always be news to make up'a readable recor authors of non-Centennial Publ ani erature look also for- Ww the opening of the Le oes when quite a number of books on the nation’s growth Ol & more than ephemeral value aré to Oe issued. A WONDERFUL MACHINE. Mr. Porrault, the Secretary of the Canadian Commission jor the Centennial, called upon Mr. Bigler on hig way to Philadeipnia, where he wishes to optain the fullest information regarding the ex- hibition, He assured Mr. Bigier that Canada’s haath would be as full ag it could possibly e, Ud that the people of the Dominion were tak- ing @ great interest tn the one hundredth celebra- | cers of all grades, numbering about 300, and the cars, melodeon and organ cases, carriages, picture frames, pi jor casting, &c., and is said to even surp: famed block machinery at Ports- C mouth. The paneis and other work can nos only be cut ofany shape, either flat, convex or concave suriaces, but with like faciitty on a round column either longitudinally, transversely or spiratly. 16 1g to be ho when the macnine will be on exhibition some Yankee with the proverbial go ahead spirit will immediately invent something 7 houses, churches, shons, banks, oMces, rauway | CIIvon, Wno were permrea vy me soara of Gerwriters to take charge of the wrecked bi Mattano (recently destroyed by fire), which went ashore at the TOWS & lew weeks ago, nettg over $800 by the sale of the articles sa’ Captain William Curry, of Clifton, has been chosen President of the Irish societies on Staten, Island for the ensuing year. A meeting of the dele- gates of the various societies to perfect arrange. |, better and more wonderful still; but them poor | mentetor the St. Patrick's Day parade wiil be heii * Canada would be robbed of her laurels, THE BUILDINGS, ‘There 18 not the slightest doubt that the Exnibi- tion. buildings wil? be ready for occupation long before the stipulated time. Mr. Bigier says that the Inner walle of the art gallery, for instance, are already completed up td the eaves, and the granite front is finished up to one-/ shire ite height. The granite is lifted by a steam derrick moving on circular rails round the building, apd picking up and piactng the atone On Its way. Thig butiding is to be fine. fehed January 1, 1876, under a penalty of $200 for each day alter that date that i is not completed; but the probability ts that the contractor, a Mr., Dobbins, wil have it ready be/ore that time. In the latter case he will recétve $200 a8 a premium for each. a Asto the main building, its foundations are al- ready laid, and the stove ptera are ready to ree ceive the iron columns which shéy are to sustain, There are no less than 2,250 of these stone piers. CUBA. wee GENERAL OONCHA’S MARCH TO THE FRONT— this aiternoon, at three o'clock, at Duffy's Hotel, Tompkinsvilie, The annual report of the President of the village of Port Richmond shows that the amount of money. received during the past year was $12,187 12, and) that the disbursements amounted to nearly that sum— $122 68 still remaining !u the treasury, Thi village owes no deot of any kind Syren’ bonded debt of $12,000, and tuere are no outs dng and unpaid vouchers. The County Court and Court of Sessions of Rich. mond county will convene onthe 28d inst. at the Court House tn Richmond, Judge Henry B. Met-, calfe presiding. The cases of Nicholas Essel jay im advance of the stipulated date. | Michael McKeon and the other highwaymen wh attacked Messrs. David Ryers and Edward Rento! on tne New Dorp road, and who are now at lai on bail, will be tried; also those of fifteen prison- ers condned in the County Jail on petty charyes, WESTCHESTER. Fishing for bass is proving a profitable pastime 4 BEVEAE TEST POR THE PATRIOTISM oF THE | *t Peekskill Justnow. VOLUNTRERS—SPANISH COMPENSATION ¥OR | BUBNED OUT PROPERTY HOLDERS. ‘ Havana, Feb, 8, 1875, ~ General Concha left Havana this morning for the ‘ont. He was accompanied to the dépot by oft- -Guias, or volunteer organization, which always acta as escort to him. Hie intentions to reach the front, take the immediate command of the troops and then call for reinforcements. By so doing he will get the Volunteers in the fleld, and once there he thinks he can Keep them, A TEST OP PATRIOTISM. A meeting of all the volunteer officers was held “ at the palace some time ago, and General Goncha Jaid his plan of another dra{t before them, It Was decided that a draft would pe very unpopular and would cause @ great deal of dissatisfaction. His idea to take command ip person and make an urgent call for volunteers to save the honor of Spain ig @ very good one, but it ts doubtful Whether he will succeed. He wiil try the patmot- ism of those who cried, ah Espaiia!? ‘Viva Altonso!” &c., when the new King came to the throne, so that he may know upon what ground he stands, THE VOLUNTEER MUSTER ROLL, The Voz de Cubd this morning gives the number ‘of volunteers in Havana, Matanzas and Cardenas at 30,000 meny and says that one-third of them” could be brought into the fleid within five days, PROPBEDY OWNERS TO BB COMPENSATED, A despatch trom the Madrid government! ceived here last night and published in al papers this morning, says that the government ‘will pay al! dam: to property occasioned by" the insurgents, The despatch reads well when it Ys taken into consideration that the army and navy in Cuda have not been paid for the last six months. The number of estates burned by tue in- surgents within she four wei west of the Trocha ts reported to ve thirty-two, “Dut @ great many have been reported burned which have not been disturbed. The sugar plant-, ers for the past week have been reporting whole- sale destruction of sugar eatates to advance the price os sugar, NEW YORK CITY, Te- the Coroner Woltman was yesterday called to the Park Hospital to hold an inquest on the body of Elizabeth vine, who died there the night previous Trom oauses not stated. The thirty-fourth annoal commencement of the medical department of the University of the City of New York will be held at Steinway Hall on Tuesday evening next, Febraary 16, Ata meoting of west side democrats, on the 1th inst, a clab was formed to advocate the elec tion of Governor Tilden as President of the United States, The officers are:—President, Hugh M Goldrick 2 Secretary, James Bagley; Treasurer, William fi. Varr. By order of the Househol@ Committee of the Women’s Educational and Industrial Society, re- spectable working girls out of employment in need of ald, will be furnished with food on appli- cation at the Free Training and Cooking Schools, 47 East Tenth street. More than 800 young doctors are to be graduated in this city during the next few aays, the annual commencement exercises in the sev- eral institutions occurring as follows:—Medical Department of the University of the City of New York, at Steinway Mall, next Tuesday evening, February 16; Bellevue Hospital Medical Oollege, at the Academy of Musto, on the afternoon of Thurs- gay, February 25, and College of Physicia: oa mone, at Steiway Hall, on Monday e farob 1, BROOKLYN. The receipts for taxes last weok amounted to $55,174 34, \There were 313 arrests by the police of Brooklyn during the past week. The consumption of water in Brooklyn yester- day was 81,793,311 gallons, ‘There were eight cases of smallpox reported at the Health Office yesterday. Two hundred thousand dollara was received by | County Treasurer Gardner from Comptroller Powell yesterday. ‘ « A soup house for the poor, at Greenpoint, will be opened this week, under the supervision of Cap- tain Rhodes, of the Seventh precinct, to alleviate the suffering which at present prevails in that section of Brooklyn. Mayor Hanter expresses himself as highly de- lighted with the appointments of bridge directors by the Mayor of New York, He says he hopes now that the work will be pushed rapidly forward to completion, and that-all other pudlic works will stop until the bridge is finished. A conference of members of the Legislature, | Oharity Commissioners and @ special committee of | the Board of Aldermen was held yesterday to con- sider the question of raising $100,000 for the reltet of the poor of Kings county. It was stated that last month $21,000 was spent for groceries, at Woolesale, and there was no doubt that parties relieved got ‘fully $80,000 worth of groceries, the supplies being purchased very cheap. The amount desired to be raised will probably be authorized by special pot or the Legislature. LONG ISLAND. The next meeting of the Suffolk County Tem- ance Society will be held in Greenport on | Thevday next, beginning at two o'clock P, M. and continuing until the evening of the 17th. Mr. D. 8. S. Sammis, the owner of a large tract Of land at West Islip, is about to lay out the prop- erty in lots and streets, and put 1,800 lots on the | Market. The location ia about half a mile from | the Central Ratiroad, Mr. Sammis proposes to name the place Nassau City. The Empire Otl Works, on the canal and East River, Hunter’s Point, were sold on Friday last to Mr. G. H. Lincoin for $37,750. It is understood that they nave been purchi for the Standard Oll Company, Who will add these to their al: y ex tensive Works located on the opposite side of the canal fi At the annual meeting of the Queens County Local Visiting Committee for the pubitc inatitu- tions of Oharttfes and Correction the following ofMcers were elected for the ensuing year:— President, W. H. Onderdonk, of Great Nec! ice President, Miss Cornelia King, of Jamaica; Secre- tary, Miss Henrietta Titus, of Old Westbury, Mr. E. P. De Mott, schoot tax collector of. Rock- ville Centre, seized Henry Fairchild’s sleigh for | taxes. The latter resisted, but was forced to give the sleigh up. Fairchild’s stepson, Louis McCord, sided with the officer, and Fairchiid became much incensed im consequence, A dispute arose and biows passed, and finally Fairchild struck McCord on the head with @ club while the latter was rostrate, inflicting an ugly wound. All this Becarrea ‘on Wednesday, and litigation ia now in order. Among the claims allowed by the Alabama Claims Commissioners are two to residents of Setauket—one to Mr. Nehemiah Hand, of $15,750, with interest at four per cent per annum from Maron 12, 1863—total, $28,000; and Mr. Robert N, Hand, of $3,868, with sa amounting to about $5,700. These t) made as compensation tor the burning of the schooner Aldebaran by the rebel cruiser Florida, March 12, 1863. They were the sole owners of the vessel, and R. N. Hand was m: STATEN ISLAND. About $400 was realized by the recent charity ballat the German Club rooms in aid of the Smith Infirmary and the Orpaan Asylum, tion of the birthday of the american Republic. fendanvs play is, in all material respects. identi- cal with “Shaughraun.” It hat detend- ant’s play is also substantial with plays ‘and books pubiished long ident fore the alleged couy- | Among other articies, Canada will send to Philadetpnia @ certain wonderful panelling macnine, which is stated to be equally adavted to the interior and exterior decoration Of Jacob Van Pelt, Tax Collector of the town of Midaletown, will commence the collection of the id county taxes next week. The employés at the new boarding station s* 4 3 they have been { ; George Williams, 4 colored vender of clams, was found frozen to death in his shanty, near Mount Vernon, @ day or two ago. A quarterly meeting of the Westchester County Historical Society was held at Manor Hall, Yon- kers, on Friday evening, when Jonn J. Wood read an interesting skeccn of the Indians who formeriy inhabited the county. Ata convention of the prohibitionists, held im ‘White Plains duripg the past week a resolution ‘was adopted setting forth “that voting for habite ual rum drinkers, rum sellors or their abettors is incoysistent with true Christianity and detri- mental to the interests of the Church and the netion,’? The owners of oyster beds at City Island have entered a protest at Albany against the dumping of refuse matter betwean the first named place, and Thro; Neck, by the-contractors of New York. The law, it appears, requires the dumping of all refuse matter one mile east of Sand’s Point. It 18 asserted by the oystermen that several vai- uable beds of the bivalves have been destroyed py the contractors using that portion of Long land Sound as @ dumping ground. In accordance with the atatute which provides that convicts having indigent relatives who aro Unable to visit them im a remote prison may bel sent to the prison nearest their families, eighteen, New*York Jail birds were retrausferred from Auburn to Bing Sing Prison a few days ai 198+) Among them 1s one who is serving out 8 life sen= tence for murder, three convicted ior assault wit! ‘fatent to kill, while several others are undergoln: sentences varying fro! Sve so kwoney Years, the estimation of men familiar with State bg pa ‘@ the statute indicated opens the door ribery and other abuges among some of the aoe officials connected with our penal institu- ons, At Yonkers tt 1s charged. that a handful of ob- scure persons have succeeded in introducing into tne Legislature a bill having for, its object a re- vision of the city charter, 30 as to make elective: some of the municipal offices at present controlled: by the Mayor and Board of Aldermen. Acoord- ingly, the last named body has unanimously: adopted resolutions remonstrating ‘agains! the passage of any act relating to the city of Yonkers, emanating from irre- sponsible parties without due pabuicity, as being an infringement of the righ! of our; citizens and contrary to all principles of good! government.” a resolation bats Dap 3 the Senator, and member of Assembly from the district to asa their efforts to prevent the passage of such bill was algo adopted, NEW JERSEY. An engineer, named Michael Dolan, lost $160 In’ Union Hill, on Friday night, between rum shops and thieves. The money had been hardly earned on board @ South American steamer. A Wagoner named Patrick Foley, fell from his cart and was run over near Hoboken, sust 1ojaries which will probably resuit in bi He lies at his sister’s residence in Hoboken. The time forthe introduction of private bitls im the Legislature will expire to-morrow evening. Tne constitutional amendments are made the special order for Tuesday morning in the House, Rey. Mr. Mohn, pastor of the German Lutheran church of Hoboken, was tendered a brilliant re- ception. and presented with a magnificent water and @ handsome bougtet on the recurrence 01 bis) birthday. The gentleman is the most popular clergyman in Hoooken. The justices of the peace in Hudson county are agitated over the bill pending in the Legislature. which, if passed, will render their offices worth- jJesa, They have presented a remonstrauce against! the passage of the bill, and Mr, Carscallen will submit the document to the Assembly to-morrow evening. A German named August Peacook, about to take passage for Europe per the Hansa, lost bis valise containing $2,000 in gold and other valuables on the dock yesterday morfing. The watchman found tne package and restored it to the owner, who handsomely rewarded him with ® bran pew silver hali dollar. A long and expensive sult has just been decidea in the Supreme Court. In the case of the Estate of the late Bernard McMahon vs. Matthiessen and Wiecher the jury rendered a verdict for $18,461 97 in favor of the plaintiff. The defendants imme- diately gave notice that they would carry the case to the Court of Errors and Appeals. Tne Hudson county Grand Jury will report to the Court to-morrow, when the final batch of indictments will be presented. The evidence in the case of the {reeholders’ frauds was overwheim- ing. Three of the freeholders have been missing since Thursday. The rumor that they have veen indicted has been circulated throughout Jersey city. In consequence of the prevailing distress in Jersey City the Young Men's Christian Association have resolved to discuss the question whether soup honses stfould be re-established. This asso- ciation furnished so much relief last year that muoh distress was alleviated. Many prominent citizens have signified their desire to subscribe to 80 praiseworthy an object. ‘The bill incorporating the new ship canal in Jersey City was the subject of debate last evening among the realestate men in old Jersey City. A resolution was adopted indorsing the bill introduced by Assemblyman Sheeran, and calling on the repre- sentatives (rom Hudson county to support the bill. Mr. Sheeran will present a petition signed by @ large number of property owners when the comes up for a second reading. A blooming beile named Mary E. Muffet has just been married in Beverly in a dress consisting of a buff-colorea silk, the materiais of which were brought from Canton, China, and taken to Eng- Tang “during the “American Revolution by Roger Kean, @ prominent merchant of that day, and great-great-grandfather to the bride. She is the sixth bride married in that dress during five gen- erations—three in England and three in country. THE METUCHEN MURDER TRIAL. The trial of Michael Sullivan for the murder of Daniel Talmage, near Metuchen, was resumed yes- terday in the Middlesex Oyer and Terminer at New Brunswick. As the trial progresses the public in- terest of the country around increases, P. C. Smith, an ex-detective of the Newark police force, was examined at considerable length. He contra- dicted the statement made by the previous wit- ness, ex-Detective McManus, that he (Smith) bad told bim that he (Smitn) had advised Sullivan in the celis of the Newark police station to “make @ clean breast of it,” that Is Would. be better for him. Smith swore that, on the coptrary, he cautioned Sullivan not to ay anything worl he had satisfied himself it ‘was the best pian. Smith swore, further, that, al- thouga he heid out no promises or inducements to Sullivan to make “a ci it of it,” he never- theless satd to witness tha felt like doing 80, and said there was no use talking any more abous ade opeze the: Ee Gain Spey end that be hung his head a te i Peter F. Rodgers, ex-Uhlef of Police of Nejare, ‘Was sworn, and tifled to being in charge of tne . kK police when Sullivan was arrested ; that no asked for drink, and after a time was me liquor; tnat Sullivan told him what he Thought a ‘sim’ story about @® man hey. ing given him some money ($70) for nothing, and that he considered it an officer's duty to do all ae properly id to iurther the ends of justice. A Mrs, Joseph Jornee, of swore that Sultivan agent Page! ar rir uys man over th in Piscat- as irrogul _ el say 2 Ol a vey owed him. money and that if be did it from him he would Kill him, The State desired to prove that Sullivan intended last sum- mi urder Court railed the evi- to show that Tal- referred Coroner W. A. aton Mr. Talmage’s body, other withesses were. examined and of WM Monday, ~ aining, deathe! last eum. xoused him- ‘as the man , Who helt the in re to the ni swoi