In Chancery
Charles Folsom & al
vs.
Bela Marsh & al.
To the Honorable the Justices of the
Circuit Court of the United States for the first Circuit &
district of Massachusetts.
In pursuance of an order of this
Honorable Court made in the above cause and dated the twenty
first day of May A.D. 1841, I, the subscriber, Geo. S. Hillard,
one of the masters of this Court, hereby report as follows.
The work, of which the plaintiffs are
the proprietors, is comprised in twelve octavo volumes, varying
in length from five hundred & forty to five hundred and ninety
two pages and containing in the whole Six thousand seven
hundred and sixty three pages, including one hundred and fifty
eight pages of Index in the twelfth volume. The first volume
consists of an original life of Washington by Mr. Sparks,
one of the plaintiffs, and the remaining eleven, of the writings
and correspondence of Washington, with editorial notes and
illustrations by Mr. Sparks.
The work of which the defendants are
the proprietors is in two volumes duodecimo. The first volume consists
of Four Hundred and Forty three pages, including forty one pages
of glossary and index. The Second volume consists of four hundred
and twenty three pages, including thirty five pages of glossary &
index. The whole amount of the pages of the two volumes is
therefore Eight Hundred and Sixty six, including Seventy six pages
of glossary and index.
I proceed to report the coincidences of the first volume
of the defendants's work with that of the plaintiffs, and how far
the said first volume is identical with that of the plaintiffs.
In the first place I report the number of passages in the first
volume of the defendants's work which are taken from &
identical with, the work of the plaintiffs and which
never appeared in print until the publication of the plaintiffs'
said work.
The following is a tabular view of the said passages,
the places where they are to be found in the first volume of
the defendants's work, and the number of
pages they
occupy therein.