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Stowe v. Thomas, Complainant's Bill, Pennsylvania (1853)
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Citation:
Stowe v. Thomas, Complainant's Bill, Pennsylvania (1853), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
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Chapter 1 Page 1
No. 9
C.C. - October - 1852.
Calvin E. Stowe and
Harriet Beecher Stowe
v.
F. W. Thomas
[C.C. US. E.D. of Pennsylvania
In Equity]
Complainant's Bill
Sam C. Perkins
Samuel H. Perkins
Solicitors for Complainants
Issue subpoena in Equity [?]
1 Mond April 1853.
Sam C. Perkins
for Complt.
Filed 11 March, 1853.
Chapter 1 Page 2
To the Honorable the Judges of the Circuit Court of the
United States for the Eastern District of Pennsylvania
Calvin E. Stowe, of Andover Massachusetts, a citizen of the
State of Massachusetts, and Harriet Beecher Stowe his Wife,
bring this their Bill against F. W. Thomas, of Philadelphia
in the District aforesaid, Printer.
And thereupon your Orators complain and say;
That your Oratrix, the said Harriet Beecher Stowe, was
at the time of the writing, printing and publishing of the
Book hereinafter mentioned, and of the taking out of
the Copyright for the same as hereinafter set forth,
resident within these United States, and hath been
ever since; and still is so resident as aforesaid.
That some time in the years 1850, [1851] and 1852
your Oratrix wrote and [in the years 1851 & 1852] printed and published a certain
Book, of which she was the author, entitled "Uncle
Tom's Cabin; or Life among the Lowly, by Harriet Beecher
Stowe"; of which said Book, your Oratrix was, and
has been ever since, and still is the sole proprietor
and owner, and solely entitled to a Copyright of the
same, within the true intent and meaning of the
Acts of Congress, in such case made and provided.
And your Orators further shew unto your Honors
that your Oratrix did, in conformity with the provisions
and requisitions of the several Acts of Congress, before
the publication of the said Book as aforesaid, deposit
a printed copy of the Title thereof, in the Clerk's Office
of the District Court of the District of Maine, being
the District in which your Oratrix then resided, in
the words following, to wit, "Uncle Tom's Cabin; or Life among
the Lowly, by Harriet Beecher Stowe": And that your
Oratrix, within three months from the publication of [said
Chapter 1 Page 3
said Book, delivered a copy of the same to the Clerk
of the said District, and did also, within three months
from the publication of the said Book, deliver or
cause to be delivered, one copy of the same to the
Librarian of the Smithsonian Institution, and one
copy to the Librarian of Congress Library, for the
use of said Libraries.
And your Orators further shew unto your Honors;
That your Oratrix has, since the printing and publication
of the said Book as aforesaid, printed and published
several editions of the same: And that your
Oratrix did give information of Copyright being
secured, by causing to be inserted in the several
copies of each and every edition so printed and
published as aforesaid, on the title page, or the page
immediately following, the following words, viz: "Entered
according to Act of Congress, in the year 1851, by ~
Harriet Beecher Stowe, in the Clerk's Office of the ~
District Court of the District of Maine." And that
your Oratrix hath complied with all the provisions
and requisitions of the Acts of Congress aforesaid.
And your Orators further shew unto your Honors;
that your Oratrix never has assigned, transferred or
disposed of, her right, title and interest in the said
Book, or any part or portion thereof, or the copy or
copyright thereof, to the said F. W. Thomas, or to any
other person; nor ever consented that the same should
be translated [and copied], printed, reprinted or published, by or for
the said F. W. Thomas, or any other person; except
for herself, and under her direction, authority and control;
[and excepting also that she has authorized a translation of the same to be made & published in the Welsh language;]
but your Oratrix ever had, and still hath the
sole and exclusive right, to translate, print, publish
and sell the same, for her own private benefit and [advantage
Chapter 1 Page 4
advantage; and your Oratrix hath actually sold, and
caused to be sold the said Book, at a reasonable
price; and hath been, and is, in the enjoyment of the
profits of the same. And your Oratrix was in
hopes she should have continued so to print, publish
and sell the said Book, and enjoyed the sole benefit,
profit and advantage arising therefrom; without her
right thereto being infringed upon, or having any
molestation or hindrance therein, by any person whomsoever.
And that your Oratrix should have enjoyed the sole
benefit and right to the same, without any encroachment
thereon, as in justice and equity ought to have been the case.
And your Orators further shew unto your Honors;
that she said defendant, F. W. Thomas, has, since the
printing and publication of the said Book, and since
the securing of the Copyright thereof by your Oratrix
as aforesaid, to wit, on the first day of January,
1853, at the Eastern District of Pennsylvania aforesaid,
translated and copied into the German language, and
printed, published, sold and exposed to sale, and
caused to be translated and copied into the German
language, and printed, published, sold and exposed
to sale, in the number for the day last aforesaid
of a certain daily Newspaper, called "Die Freie Presse",
pages thirteen to twenty inclusive, and part of page
twenty-one of your Oratrix's said Book.
That the said defendant has, since the ~
printing and publication of the said Book, and since
the securing of the copyright thereof by your Oratrix
as aforesaid, to wit, on the third day of January,
1853, at the District last aforesaid, translated and
copied into the German language, and printed, published, [sold
Chapter 1 Page 5
sold and exposed to sale, and caused to be translated
and copied into the German language, and printed,
published, sold and exposed to sale in the number
for the day last aforesaid of the said daily ~
Newspaper, being the next succeeding number thereof
to the said number above mentioned, the remaining
part of said page twenty-one, and from pages ~
twenty-two to thirty inclusive, and part of page
thirty-one of your Oratrix's said Book
And that the said defendant has, since the
printing and publication of the said Book, and since
the securing of the Copyright thereof by your Oratrix
as aforesaid, and since the day and year last aforesaid,
to wit, on the following and successive days of the year
1853 up to the present time, translated and copied into
the German language, and printed, published, sold and
exposed to sale, and caused to be translated [and copied] into
the German language, and printed, published, sold and
exposed to sale in the next following and successive
numbers of the said daily Newspaper to the number
thereof last above mentioned, the remaining part of
said page thirty-one, and the following and successive
pages, down to some page or part of a page, which
your Orators are not able to specify, of your Oratrix's
said Book
And your Orators further shew unto your Honors;
That the said defendant, since the printing and publication
of the said Book, and since the securing of the
Copyright thereof by your Oratrix as aforesaid, and
since the day and year last aforesaid, to wit, from
day to day, and every day, still is translating and
copying into the German language, and printing, publishing,
selling and exposing to sale, and causing to be translated [and
Chapter 1 Page 6
and copied into the German language, and printed,
published, sold and exposed to sale in the following
and successive numbers of the said daily Newspaper,
the following and successive pages, beginning at the
said page or part of a page last mentioned, down
to some page or part of a page, which your Orators
are not able to specify, of your Oratrix's said Book.
And that it is the intention and purpose, as your
Orators expressly charge and verily believe, of the said
defendant, to translate and copy into the German
language, and print and publish, and cause to be
translated and copied into the German language,
and printed and published in the following and
successive numbers of the said daily Newspaper,
the following and successive pages of your Oratrix's
said Book, until the whole thereof shall be fully
and completely translated and copied into the German
language, and printed and published, and to sell
and expose to sale the same, when, as and after
the same shall be so translated and copied as
aforesaid, and printed and published
And your Orators further shew unto your Honors
that the said defendant has, since the printing
and publication of the said Book, and since the
securing of the Copyright thereof by your Oratrix
as aforesaid, to wit, on the first day of January
1853, at the District last aforesaid, translated and
copied into the German language, and printed, published,
sold and exposed to sale, and caused to be translated
and copied into the German language, and printed,
published, sold and exposed to sale in pamphlet
form, pages thirteen to one hundred and fifty-eight [inclusive]
and part of page one hundred and fifty-nine of [your
Chapter 1 Page 7
your Oratrix's said Book
And your Orators further shew unto your Honors;
that it is the intention and purpose, as your Orators
expressly charge and verily believe, of the said defendant,
shortly and from time to time at short intervals,
to translate and copy into the German language, and
print and publish, and cause to be translated and
copied into the German language, and printed and
published in pamphlet form, the remaining part of
said page one hundred and fifty-nine, and the
following and successive pages of your Oratrix's said
Book, until the whole thereof shall have been
fully and completely translated [and copied] into the German ~
language, and printed and published, and to sell
and expose to sale the same, when, as and after
the same shall be so translated and copied as ~
aforesaid, and printed and published.
And your Orators further shew unto your Honors
that your Oratrix so being as aforesaid the lawful
proprietor of the said Book, entitled "Uncle Tom's
Cabin; or Life among the Lowly by Harriet Beecher Stowe"
and of the said Copyright thereof, and in possession
of the same, and having divers copies of the said
Book on hand and offered for sale at a reasonable
price, and having always had on hand and offered
for sale at a reasonable price a sufficient number
of copies of the said Book, and being in the ~
enjoyment of the profits of the same, the said ~
defendant, to wit, on the first day of January,
1853, without the consent and allowance of your
Oratrix, exposed to sale and sold divers, to wit, one
thousand copies of the said number for the day
last aforesaid of the said daily Newspaper, called ["Die
Chapter 1 Page 8
"Die Freie Presse"; containing pages thirteen to twenty
inclusive, and part of page twenty-one of
your Oratrix's said Book, so translated and copied
into the German language as aforesaid.
That the said defendant afterwards, to wit,
on the third day of January, 1853, without the consent
and allowance of your Oratrix, exposed to sale and
sold divers, to wit, one thousand copies of the said
number for the day last aforesaid of the said daily
Newspaper, being the next succeeding number thereof
to the number first above mentioned, containing the
remaining part of said page twenty-one, and from
pages twenty-two to thirty inclusive, and part of
page thirty-one of your Oratrix's said Book, so
translated and copied into the German language
as aforesaid
That the said defendant afterwards, to wit,
on the fourth, fifth, sixth and following days ~
respectively of January, 1853, and upon the following
days of the year 1853 up to the present time, ~
without the consent and allowance of your Oratrix,
exposed to sale and sold divers, to wit, one thousand
copies of each of the said next following and successive
numbers of the said daily Newspaper, to the number
thereof last above mentioned, containing the remaining
part of said page thirty-one, and the following
and successive pages down to some page or part
of a page, which your Orators are not able to
specify, of your Oratrix's said Book, so translated
and copied into the German language as aforesaid
That the said defendant afterwards, to wit,
on the first day of January, 1853, without the consent
and allowance of your Oratrix, exposed to sale and [sold
Chapter 1 Page 9
sold divers, to wit, five hundred copies of the said
pamphlet form, containing pages thirteen to [------]
one hundred and fifty-eight [inclusive,] and part of page one
hundred and fifty-nine of your Oratrix's said Book,
so translated and copied into the German language
as aforesaid
That the said defendant has, at divers times
before and since the days and times respectively
above particularly mentioned, without the consent and
allowance of your Oratrix, exposed to sale and sold
divers, to wit, one hundred copies of each of the said
successive numbers of the said daily Newspaper, called
"Die Freie Presse"; and divers, to wit, five hundred
copies of the said pamphlet form. And that the
said defendant still has on hand, and offers for
sale, without the consent and allowance of your
Oratrix, copies of each of the said numbers of the
said daily Newspaper, and of the said pamphlet
form.
And your Orators are informed and believe,
and expressly charge, that the said translating and
copying, and printing, publishing, selling and exposing
to sale by the said defendant, of your Oratrix's said
Book so as aforesaid, are infringements of the said
Copyright of your Oratrix
And your Orators further shew unto your Honors;
that the said defendant, at the time of the said
translating and copying, and printing, publishing,
selling and exposing to sale, of all and each and
every the said pages of your Oratrix's said Book
so as aforesaid, knew that your Oratrix was the
author and proprietor of the said Book, entitled
"Uncle Tom's Cabin; or Life among the Lowly by [Harriet
Chapter 1 Page 10
Beecher Stowe"; and that she had the Copyright ~
thereof as aforesaid
And your Orators further shew unto your Honors;
that the said defendant although often requested
[on behalf of] your Oratrix, and by her Agents, to desist
from the translating and copying, and printing, ~
publishing, selling and exposing to sale, and causing
to be translated and copied, and printed, published,
sold and exposed to sale as aforesaid, in the
said numbers of the said daily Newspaper, called
"Die Freie Presse", and in the said pamphlet form,
the said pages of your Oratrix's said Book as
aforesaid; and to account with your Oratrix for
the profits which have been received by him from
the sale thereof, has refused, and still doth refuse
so to do
And your Orators further shew unto your Honors;
that in consequence of the said defendant having
so translated and copied, and printed, published, sold
and exposed to sale, and caused to be so translated
and copied, and printed, published, sold and exposed
to sale as aforesaid, in the said daily Newspaper
called "Die Freie Presse", and in the said pamphlet
form as aforesaid, your Oratrix's said Book, your
Oratrix has been, and still is greatly injured and
damnified, in respect of the profits which she ~
reasonably expected to receive from the sale thereof,
and has been, and still is deprived of the receipt
of a large amount of profits, which she reasonably
expected to receive therefrom.
Chapter 1 Page 11
To the end, therefore, that the said defendant F.
W. Thomas may, if he can, show why your Orators
should not have the relief hereby prayed, and may,
upon his corporal oath, and according to the best
and utmost of his knowledge, remembrance, ~
information and belief, full, true, direct, and perfect
answer make to such of the several interrogatories
hereinafter numbered and set forth, as by the Note
hereunder written he is required to answer; That
is to say, -
1st.
First. Whether your Oratrix, the said Harriet
Beecher Stowe, was not, at the time of the writing,
printing and publishing of the said Book, entitled
"Uncle Tom's Cabin; or Life among the Lowly By
Harriet Beecher Stowe"; and of the taking out of
the Copyright for the same, as hereinbefore set forth,
resident within these United States; and whether
she hath not ever since been, and is not still
so resident as aforesaid?
2d.
Second. Whether your Oratrix did not, at
some time in the years 1850 and 1851 [& 1852] or at
some other and what time, write and print and
publish, or cause to be printed and published, a
certain Book, entitled "Uncle Tom's Cabin; or Life
among the Lowly. By Harriet Beecher Stowe"; and whether
your Oratrix was not the author of the said Book;
and whether she was not, and has not ever since
been, and is not still, the sole proprietor and
owner of the said Book and solely entitled to a
Copyright of the same, within the true intent
and meaning of the Acts of Congress in such case
made and provided?
3d.
Third. Whether your Oratrix, did not, in
conformity with the provisions and requisitions of [the
Chapter 1 Page 12
the several Acts of Congress, before the publication of
the said Book as aforesaid, deposit, or cause to be
deposited, a printed Copy of the title thereof, in the
Clerk's Office of the District Court of the District
of Maine, in the words following, to wit, "Uncle
Tom's Cabin; or Life Among the Lowly by Harriet Beecher
Stowe", or in some other and what words; and
whether your Oratrix did not, at the time of the
said deposit just inquired of, reside in the said
District of Maine?
4d.
Fourth. Whether your Oratrix did not, within
three months from the publication of the said Book,
deliver, or cause to be delivered, a copy thereof, to
the Clerk of the said District of Maine; and whether
she did not also, within three months from the
publication of said Book, deliver, or cause to be delivered,
one copy of the same to the Librarian of the
Smithsonian Institution, and one copy to the Librarian
of Congress Library, for the use of said Libraries?
5th.
Fifth. Whether your Oratrix has not, since
the printing and publication of the said Book as
aforesaid, printed and published, or caused to be
printed and published, several editions of the same;
and whether she did not give information of ~
Copyright being secured, by causing to be inserted
in the several copies of each and every edition
so printed and published as aforesaid, on the title
page, or the page immediately following, the following
words, viz: "Entered according to Act of Congress,
in the year 1851, by Harriet Beecher Stowe, in the
Clerk's Office of the District Court [---] of the
District of Maine", or some other and what words;
and whether she hath not complied with all the [provisions
Chapter 1 Page 13
provisions and requisitions of the Acts of Congress aforesaid?
and, if not, how not?
6d.
Sixth. Whether your Oratrix has ever assigned,
transferred or disposed of her right, title and interest
in the said Book, or the Copyright thereof, to the
said defendant, or any other person; and whether
she ever consented that the same should be translated
and copied, printed, reprinted or published, by or for
the said defendant, or any other person, except for
herself?
7th.
Seventh. Whether your Oratrix hath not actually
sold, and caused to be sold, the said Book at a
reasonable price; and whether she hath not been,
and is not in the enjoyment of the profits of the
same?
8th.
Eighth. Whether the said defendant, F. W. Thomas
has not, since the printing and publication of the
said Book, and since he securing of the Copyright
thereof by your Oratrix as aforesaid, to wit, on the
first day of January, 1853, or on some other and
what day, at the Eastern District of Pennsylvania
aforesaid, translated and copied into the German,
or some other and what language, and printed, published,
sold and exposed to sale, and caused to be so
translated and copied as aforesaid, and printed,
published, sold and exposed to sale, in the number
for the day last aforesaid of a certain daily
Newspaper, called "Die Freie Presse", or some other
and what name, or in some other and what number
of the said Newspaper, or in some other and what
Newspaper, pages thirteen to twenty inclusive and part
of page twenty-one, or some other and what pages
of your Oratrix's said Book
Ninth
Chapter 1 Page 14
9th.
Ninth. Whether the said defendant has not,
since the printing and publication of the said Book,
and since the securing of the Copyright thereof by
your Oratrix as aforesaid, to wit, on the third day
of January, 1853, or on some other and what day,
at the District last aforesaid, translated and copied
into the German, or some other and what language,
and printed, published, sold and exposed to sale,
and caused to be so translated and copied as
aforesaid, and printed, published, sold and exposed
to sale, in the number for the day last aforesaid
of the said daily Newspaper, being the next
succeeding number thereof to the said number first
above inquired of, or in some other and what number
of the said Newspaper, or in some other and what
Newspaper, the remaining part of said page twenty
one, and from pages twenty-two to thirty inclusive,
and part of page thirty-one, or some other and
what pages of your Oratrix's said Book?
10th.
Tenth. Whether the said defendant has not,
since the printing and publication of the said Book,
and since the securing of the Copyright thereof by
your Oratrix as aforesaid, and since the day and
year last aforesaid, to wit, on the following and
successive days of the said year 1853 up to the
present time, or upon some other and what days,
translated and copied into the German, or some
other and what language, and printed, published,
sold and exposed to sale, and caused to be so
translated and copied as aforesaid, and printed,
published, sold and exposed to sale, in the next
following and successive numbers of the said daily
Newspaper to the number thereof last above inquired [of
Chapter 1 Page 15
of, or in some other and what numbers of the said
Newspaper, or in some other and what Newspaper,
the remaining part of said page thirty-one, and the
following and successive pages down to some, and
what page, or part and what part of a page, or
some other and what pages, of your Oratrix's said
Book?
11th.
Eleventh. Whether the said defendant, since
the printing and publication of the said Book, and
since the securing of the Copyright thereof by your
Oratrix as aforesaid, and since the day and year
last aforesaid, still is not, to wit, from day to day
and every day, or upon some other and what days,
translating and copying into the German, or some
other and what language, and printing, publishing,
selling and exposing to sale, and causing to be so
translated and copied as aforesaid, and printed,
published, sold and exposed to sale, in the following
and successive numbers of the said daily Newspaper,
or in some other and what numbers thereof, or in
some other and what Newspaper, the following
and successive pages, beginning at the said page
or part of a page last mentioned, down to some
and what page; or part and what part of a page,
or some other and what pages, of your Oratrix's
said Book; and whether it is not the intention
and purpose of the said defendant, to translate
and copy into the German, or some other and what
language, and print and publish, and cause to be
so translated and copied as aforesaid, and printed
and published, in the following and successive numbers
of the said daily Newspaper, or in some other and
what numbers thereof, or in some other and what [Newspaper
Chapter 1 Page 16
Newspaper, the following and successive, or some other
and what pages, of your Oratrix's said Book, until
the whole thereof shall be fully and completely
so translated and copied as aforesaid, and printed
and published, and to sell and expose to sale,
and cause to be sold and exposed to sale the
same, when, as and after the same shall be so
translated and copied as aforesaid, and printed
and published? or if otherwise, how otherwise?
12th.
Twelfth. Whether the said defendant has not,
since the printing and publication of the said
Book, and since the securing of the Copyright thereof
by your Oratrix as aforesaid, to wit, on the first
day of January, 1853, or on some other and what
day, at the District last aforesaid, translated and
copied into the German, or some other and what
language, and printed, published, sold and exposed
to sale, and caused to be so translated and copied
as aforesaid, and printed, published, sold and exposed
to sale in pamphlet form, or in some other and
what form, pages thirteen to one hundred and
fifty-eight inclusive, and part of page one hundred
and fifty-nine, or some other and what pages of
your Oratrix's said Book?
13th.
Thirteenth. Whether it is not the intention
and purpose of the said defendant, shortly and
from time to time at short intervals, or otherwise,
and when, how, and in what manner, to translate
and copy into the German, or some other and what
language, and print and publish, and cause to
be so translated and copied as aforesaid, and printed
and published in pamphlet, or some other and what
form, the remaining part of said page one hundred [and
Chapter 1 Page 17
and fifty-nine, and the following and successive, or
some other and what pages, of your Oratrix's said
Book, until the whole thereof shall be fully and
completely so translated and copied as aforesaid,
and printed and published, and to sell and expose
to sale, and cause to be sold and exposed to sale
the same, when, as, and after the same shall
be so translated and copied as aforesaid, and printed
and published? or if otherwise, how otherewise?
14th
Fourteenth. Whether your Oratrix was not,
to wit, on the said first day of January, 1853,
or some other and what day, the lawful proprietor
of the said Book, entitled "Uncle Tom's Cabin; or
Life among the Lowly by Harriet Beecher Stowe",
and of the said Copyright thereof, and in possession
of the same; and whether she had not, to wit, on
the same day and year last aforesaid, or on some
other and what day, divers copies of the said Book
on hand and offered for sale at a reasonable
price; and whether she has not always had on
hand and offered for sale at a reasonable price,
a sufficient number of copies of the said Book;
and whether she was not, to wit, on the same
day and year last aforesaid, in the enjoyment
of the profits the same?
15th
Fifteenth. Whether the said defendant did
not, to wit, on the said first day of January,
1853, or on some other and what day, being
the same day and year in the last interrogatory
mentioned and inquired of, without the consent
and allowance of your Oratrix, expose to sale
and sell, and cause to be exposed to sale and
sold divers, to wit, one thousand copies, or some [other
Chapter 1 Page 18
other and what number of copies, of the said number
for the day last aforesaid, of the said daily newspaper
called "Die Freie Presse", or some other and what
name, or some other and what number thereof, or
some other and what Newspaper, containing said
pages thirteen to twenty inclusive, and part of page
twenty-one, or some other and what pages of your
Oratrix's said Book, so translated and copied as
aforesaid?
16th
Sixteenth. Whether the said defendant did
not afterwards, to wit, on the said third day of
January, 1853, or on some other and what day,
without the consent and allowance of your Oratrix,
expose to sale and sell, and cause to be exposed
to sale and sold divers, to wit, one thousand
copies, or some other and what number of copies,
of the said number for the day last aforesaid of
the said daily newspaper, being the next succeeding
number thereof to the number first above inquired
of, or some other and what number thereof, or some
other and what Newspaper, containing the remaining
part of said page twenty-one, and from pages
twenty-two to thirty inclusive, and part of page
thirty-one, or some other and what pages of your
Oratrix's said Book, so translated and copied as
aforesaid?
17th
Seventeenth. Whether the said defendant did
not afterwards, to wit, on the fourth, fifth, sixth
and following days respectively of January, 1853,
and upon the following days of the year 1853
up to the present time, or upon some other
and what days respectively, without the consent
and allowance of your Oratrix, expose to sale [and
Chapter 1 Page 19
and sell, and cause to be exposed to sale and
sold divers, to wit, one thousand copies, or some
other and what number of copies, of each of
the said next following and successive numbers
of the said daily Newspaper to the number
thereof last above inquired of, or some other and
what numbers thereof, or some other and what
Newspaper, containing the remaining part of said
page thirty-one, and the following and successive
pages down to some and what page, or part and
what part of a page, or some other and what
pages, of your Oratrix's said Book, so translated
and copied as aforesaid?
18th.
Eighteenth. Whether the said defendant
did not afterwards, to wit, on the said first
day of January, 1853, or upon some other and
what day, without the consent and allowance
of your Oratrix, expose to sale and sell, and
cause to be exposed to sale and sold divers, to
wit, five hundred copies, or some other and what
number of copies, of the said pamphlet form, or
some other and what form, containing said pages
thirteen to one hundred and fifty-eight [inclusive], and
part of page one hundred and fifty-nine, or some
other and what pages of your Oratrix's said
Book, so translated and copied as aforesaid?
19th.
Nineteenth. Whether the said defendant has
not, at divers times before and since the days
and times respectively above particularly mentioned,
and at what times, without the consent and
allowance of your Oratrix, exposed to sale and
sold divers, to wit, one hundred copies, or some
other and what number of copies, of each of [the
Chapter 1 Page 20
the said successive numbers, or some other and what
numbers, of the said daily Newspaper, called "Die
Freie Presse", or some other and what name, or
some other and what Newspaper, and divers, to
wit, five hundred, or some other and what number,
of copies of the said pamphlet, or some other and
what form?
20th
Twentieth. Whether the said defendant still
has not on hand, and does not offer the sale,
without the consent and allowance of your Oratrix,
copies of each of the said numbers of the said
daily Newspaper, or some other and what newspaper,
and of the said pamphlet, or some other and
what form, or of some, and which, and what
ones of said numbers?
21st.
Twenty-first. Whether the said defendant,
at the time of the said translating and copying,
and printing, publishing, selling and exposing to
sale, all and each and every the said pages
of your Oratrix's said Book so as aforesaid, or
at some other and what time, did not know
that your Oratrix was the author and proprietor
of the said Book, entitled "Uncle Tom's Cabin;
or Life among the Lowly by Harriet Beecher
Stowe", and that she had the Copyright thereof
as aforesaid?
22d.
Twenty-second. Whether the said defendant
was not often, and when, where, how and at what
times, requested by your Oratrix, and by her Agents,
or some one or more, and which of them, to
desist from the translating and copying, and
printing, publishing, selling and exposing to sale,
and causing to be translated and copied, and [printed,
Chapter 1 Page 21
printed, published, sold and exposed to sale your
Oratrix's said Book as aforesaid, and to account
with your Oratrix for the profits which have been
received by him from the sale thereof; and ~
whether the said defendant has not refused, and
doth not still refuse so to do? And that the
said defendant may annex to his answer, full,
true and perfect copies of all and every
such request and requests as aforesaid, which were
made in writing, and of all and every notice
and notices, received from your Oratrix and her
Agents, or any of them
23d.
Twenty-third. Whether [----], in consequence
of the said defendant having so translated and
copied, and printed, published, sold and exposed
to sale, and caused to be so translated and
copied, and printed, published, sold and exposed
to sale, your Oratrix's said Book as aforesaid,
your Oratrix has not been, and still is not
greatly injured and damnified, in respect of the
profits which she reasonably expected to receive
from the sale thereof, and has not been, and
still is not, deprived of the receipt of a large
amount of profits, which she reasonably expected
to receive therefrom?
And that the said defendant may be restrained
by injunction from this Honorable Court, from selling
or exposing to sale, and causing, or being in any
way concerned in, the selling or exposing to sale,
or otherwise disposing of, any copy or copies of
either and any and all of said numbers, and
any other numbers of the said daily Newspaper,
called "Die Freie Presse", and any other Newspaper [whatsoever
Chapter 1 Page 22
whatsoever and of the said pamphlet, and any other
form containing your Oratrix's said Book, or any
part or portion thereof, so translated and copied
as aforesaid, and from translating and copying,
or printing, or publishing, or selling, or exposing to
sale, and causing, or being in any way concerned
in, the translating and copying, or printing, or
publishing, or selling, or exposing to sale your
Oratrix's said Book, and any part or portion thereof
in any way, shape, manner or form whatsoever.
And that the said defendant be decreed
to render an account of all and every the copies
of each of the said numbers, and any other numbers
of the said daily Newspaper, and any other ~
Newspaper whatsoever, and of the said pamphlet
and any other form, containing your Oratrix's said
Book, or any part or portion thereof so translated
and copied as aforesaid, which have been sold and
exposed to sale, or caused to be sold and exposed
to sale, by the said defendant; and to pay over
the profits of such sales to your Oratrix
And that he be decreed to surrender and
deliver up to your Oratrix, all and every the ~
copies of any and each of the said numbers of
the said daily Newspaper, and any other numbers
thereof, and of any other Newspaper whatsoever,
and of the said pamphlet, and any other form,
containing your Oratrix's said Book, or any part
or portion thereof so translated and copied as aforesaid,
that the said defendant has on hand, or under
his disposition, power and control; and that he
be decreed to pay to your Orators their costs in
this suit; and that your Orators may have such [other
Chapter 1 Page 23
other and further relief in the premises as to this
Honorable Court may seem meet and the nature
of the case may require.
May it please your Honors to grant to your
Orators not only a Writ of Injunction, as aforesaid,
but also a Write of Subpoena, to be directed to the
said F. W. Thomas, commanding him by a certain
day, and under a certain penalty to be therein
inserted, to be and appear before this Honorable
Court, and then and there to answer the premises,
and further to stand to and abide by such
order as shall be agreeable to equity and good
conscience.
And your Orators shall ever pray, etc.
Sam H. Perkins
Samuel H. Perkins
Solicitors for Complainants
C.S. Stowe
H.B. Stowe
Before me the subscriber, Geo. S. Hillard
a Commissioner of the Circuit Court of the
United States for the district of Massachusetts
personally appeared this third day of March
A.D. 1853 the above named Calvin E. Stowe and Harriet
Beecher Stowe who being severally duly sworn
respectively do say, That the facts set forth in
the above Bill, of their own knowledge are true,
and those derived from the information of others
they believe to be true. Witness my
hand and seal
this third day of March AD. 1853.
Geo. S. Hillard
Commissioner
Chapter 1 Page 24
Note. The defendant, F. W. Thomas is required to ~
answer the interrogatories numbered respectively 1, 2,
3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,
20, 21, 22, & 23.
Sam H. Perkins
Samuel H. Perkins
Solicitors for Complainants.
Transcription by: Megan Wren
Source: N/A
Citation:
Stowe v. Thomas, Complainant's Bill, Pennsylvania (1853), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
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Chapter 1 Page 1
C.C. - October - 1852.
Calvin E. Stowe and
Harriet Beecher Stowe
v.
F. W. Thomas
[C.C. US. E.D. of Pennsylvania
In Equity]
Complainant's Bill
Sam C. Perkins
Samuel H. Perkins
Solicitors for Complainants
Issue subpoena in Equity [?]
1 Mond April 1853.
Sam C. Perkins
for Complt.
Filed 11 March, 1853.
Chapter 1 Page 2
To the Honorable the Judges of the Circuit Court of the
United States for the Eastern District of Pennsylvania
Calvin E. Stowe, of Andover Massachusetts, a citizen of the
State of Massachusetts, and Harriet Beecher Stowe his Wife,
bring this their Bill against F. W. Thomas, of Philadelphia
in the District aforesaid, Printer.
And thereupon your Orators complain and say;
That your Oratrix, the said Harriet Beecher Stowe, was
at the time of the writing, printing and publishing of the
Book hereinafter mentioned, and of the taking out of
the Copyright for the same as hereinafter set forth,
resident within these United States, and hath been
ever since; and still is so resident as aforesaid.
That some time in the years 1850, [1851] and 1852
your Oratrix wrote and [in the years 1851 & 1852] printed and published a certain
Book, of which she was the author, entitled "Uncle
Tom's Cabin; or Life among the Lowly, by Harriet Beecher
Stowe"; of which said Book, your Oratrix was, and
has been ever since, and still is the sole proprietor
and owner, and solely entitled to a Copyright of the
same, within the true intent and meaning of the
Acts of Congress, in such case made and provided.
And your Orators further shew unto your Honors
that your Oratrix did, in conformity with the provisions
and requisitions of the several Acts of Congress, before
the publication of the said Book as aforesaid, deposit
a printed copy of the Title thereof, in the Clerk's Office
of the District Court of the District of Maine, being
the District in which your Oratrix then resided, in
the words following, to wit, "Uncle Tom's Cabin; or Life among
the Lowly, by Harriet Beecher Stowe": And that your
Oratrix, within three months from the publication of [said
Chapter 1 Page 3
said Book, delivered a copy of the same to the Clerk
of the said District, and did also, within three months
from the publication of the said Book, deliver or
cause to be delivered, one copy of the same to the
Librarian of the Smithsonian Institution, and one
copy to the Librarian of Congress Library, for the
use of said Libraries.
And your Orators further shew unto your Honors;
That your Oratrix has, since the printing and publication
of the said Book as aforesaid, printed and published
several editions of the same: And that your
Oratrix did give information of Copyright being
secured, by causing to be inserted in the several
copies of each and every edition so printed and
published as aforesaid, on the title page, or the page
immediately following, the following words, viz: "Entered
according to Act of Congress, in the year 1851, by ~
Harriet Beecher Stowe, in the Clerk's Office of the ~
District Court of the District of Maine." And that
your Oratrix hath complied with all the provisions
and requisitions of the Acts of Congress aforesaid.
And your Orators further shew unto your Honors;
that your Oratrix never has assigned, transferred or
disposed of, her right, title and interest in the said
Book, or any part or portion thereof, or the copy or
copyright thereof, to the said F. W. Thomas, or to any
other person; nor ever consented that the same should
be translated [and copied], printed, reprinted or published, by or for
the said F. W. Thomas, or any other person; except
for herself, and under her direction, authority and control;
[and excepting also that she has authorized a translation of the same to be made & published in the Welsh language;]
but your Oratrix ever had, and still hath the
sole and exclusive right, to translate, print, publish
and sell the same, for her own private benefit and [advantage
Chapter 1 Page 4
advantage; and your Oratrix hath actually sold, and
caused to be sold the said Book, at a reasonable
price; and hath been, and is, in the enjoyment of the
profits of the same. And your Oratrix was in
hopes she should have continued so to print, publish
and sell the said Book, and enjoyed the sole benefit,
profit and advantage arising therefrom; without her
right thereto being infringed upon, or having any
molestation or hindrance therein, by any person whomsoever.
And that your Oratrix should have enjoyed the sole
benefit and right to the same, without any encroachment
thereon, as in justice and equity ought to have been the case.
And your Orators further shew unto your Honors;
that she said defendant, F. W. Thomas, has, since the
printing and publication of the said Book, and since
the securing of the Copyright thereof by your Oratrix
as aforesaid, to wit, on the first day of January,
1853, at the Eastern District of Pennsylvania aforesaid,
translated and copied into the German language, and
printed, published, sold and exposed to sale, and
caused to be translated and copied into the German
language, and printed, published, sold and exposed
to sale, in the number for the day last aforesaid
of a certain daily Newspaper, called "Die Freie Presse",
pages thirteen to twenty inclusive, and part of page
twenty-one of your Oratrix's said Book.
That the said defendant has, since the ~
printing and publication of the said Book, and since
the securing of the copyright thereof by your Oratrix
as aforesaid, to wit, on the third day of January,
1853, at the District last aforesaid, translated and
copied into the German language, and printed, published, [sold
Chapter 1 Page 5
sold and exposed to sale, and caused to be translated
and copied into the German language, and printed,
published, sold and exposed to sale in the number
for the day last aforesaid of the said daily ~
Newspaper, being the next succeeding number thereof
to the said number above mentioned, the remaining
part of said page twenty-one, and from pages ~
twenty-two to thirty inclusive, and part of page
thirty-one of your Oratrix's said Book
And that the said defendant has, since the
printing and publication of the said Book, and since
the securing of the Copyright thereof by your Oratrix
as aforesaid, and since the day and year last aforesaid,
to wit, on the following and successive days of the year
1853 up to the present time, translated and copied into
the German language, and printed, published, sold and
exposed to sale, and caused to be translated [and copied] into
the German language, and printed, published, sold and
exposed to sale in the next following and successive
numbers of the said daily Newspaper to the number
thereof last above mentioned, the remaining part of
said page thirty-one, and the following and successive
pages, down to some page or part of a page, which
your Orators are not able to specify, of your Oratrix's
said Book
And your Orators further shew unto your Honors;
That the said defendant, since the printing and publication
of the said Book, and since the securing of the
Copyright thereof by your Oratrix as aforesaid, and
since the day and year last aforesaid, to wit, from
day to day, and every day, still is translating and
copying into the German language, and printing, publishing,
selling and exposing to sale, and causing to be translated [and
Chapter 1 Page 6
and copied into the German language, and printed,
published, sold and exposed to sale in the following
and successive numbers of the said daily Newspaper,
the following and successive pages, beginning at the
said page or part of a page last mentioned, down
to some page or part of a page, which your Orators
are not able to specify, of your Oratrix's said Book.
And that it is the intention and purpose, as your
Orators expressly charge and verily believe, of the said
defendant, to translate and copy into the German
language, and print and publish, and cause to be
translated and copied into the German language,
and printed and published in the following and
successive numbers of the said daily Newspaper,
the following and successive pages of your Oratrix's
said Book, until the whole thereof shall be fully
and completely translated and copied into the German
language, and printed and published, and to sell
and expose to sale the same, when, as and after
the same shall be so translated and copied as
aforesaid, and printed and published
And your Orators further shew unto your Honors
that the said defendant has, since the printing
and publication of the said Book, and since the
securing of the Copyright thereof by your Oratrix
as aforesaid, to wit, on the first day of January
1853, at the District last aforesaid, translated and
copied into the German language, and printed, published,
sold and exposed to sale, and caused to be translated
and copied into the German language, and printed,
published, sold and exposed to sale in pamphlet
form, pages thirteen to one hundred and fifty-eight [inclusive]
and part of page one hundred and fifty-nine of [your
Chapter 1 Page 7
your Oratrix's said Book
And your Orators further shew unto your Honors;
that it is the intention and purpose, as your Orators
expressly charge and verily believe, of the said defendant,
shortly and from time to time at short intervals,
to translate and copy into the German language, and
print and publish, and cause to be translated and
copied into the German language, and printed and
published in pamphlet form, the remaining part of
said page one hundred and fifty-nine, and the
following and successive pages of your Oratrix's said
Book, until the whole thereof shall have been
fully and completely translated [and copied] into the German ~
language, and printed and published, and to sell
and expose to sale the same, when, as and after
the same shall be so translated and copied as ~
aforesaid, and printed and published.
And your Orators further shew unto your Honors
that your Oratrix so being as aforesaid the lawful
proprietor of the said Book, entitled "Uncle Tom's
Cabin; or Life among the Lowly by Harriet Beecher Stowe"
and of the said Copyright thereof, and in possession
of the same, and having divers copies of the said
Book on hand and offered for sale at a reasonable
price, and having always had on hand and offered
for sale at a reasonable price a sufficient number
of copies of the said Book, and being in the ~
enjoyment of the profits of the same, the said ~
defendant, to wit, on the first day of January,
1853, without the consent and allowance of your
Oratrix, exposed to sale and sold divers, to wit, one
thousand copies of the said number for the day
last aforesaid of the said daily Newspaper, called ["Die
Chapter 1 Page 8
"Die Freie Presse"; containing pages thirteen to twenty
inclusive, and part of page twenty-one of
your Oratrix's said Book, so translated and copied
into the German language as aforesaid.
That the said defendant afterwards, to wit,
on the third day of January, 1853, without the consent
and allowance of your Oratrix, exposed to sale and
sold divers, to wit, one thousand copies of the said
number for the day last aforesaid of the said daily
Newspaper, being the next succeeding number thereof
to the number first above mentioned, containing the
remaining part of said page twenty-one, and from
pages twenty-two to thirty inclusive, and part of
page thirty-one of your Oratrix's said Book, so
translated and copied into the German language
as aforesaid
That the said defendant afterwards, to wit,
on the fourth, fifth, sixth and following days ~
respectively of January, 1853, and upon the following
days of the year 1853 up to the present time, ~
without the consent and allowance of your Oratrix,
exposed to sale and sold divers, to wit, one thousand
copies of each of the said next following and successive
numbers of the said daily Newspaper, to the number
thereof last above mentioned, containing the remaining
part of said page thirty-one, and the following
and successive pages down to some page or part
of a page, which your Orators are not able to
specify, of your Oratrix's said Book, so translated
and copied into the German language as aforesaid
That the said defendant afterwards, to wit,
on the first day of January, 1853, without the consent
and allowance of your Oratrix, exposed to sale and [sold
Chapter 1 Page 9
sold divers, to wit, five hundred copies of the said
pamphlet form, containing pages thirteen to [------]
one hundred and fifty-eight [inclusive,] and part of page one
hundred and fifty-nine of your Oratrix's said Book,
so translated and copied into the German language
as aforesaid
That the said defendant has, at divers times
before and since the days and times respectively
above particularly mentioned, without the consent and
allowance of your Oratrix, exposed to sale and sold
divers, to wit, one hundred copies of each of the said
successive numbers of the said daily Newspaper, called
"Die Freie Presse"; and divers, to wit, five hundred
copies of the said pamphlet form. And that the
said defendant still has on hand, and offers for
sale, without the consent and allowance of your
Oratrix, copies of each of the said numbers of the
said daily Newspaper, and of the said pamphlet
form.
And your Orators are informed and believe,
and expressly charge, that the said translating and
copying, and printing, publishing, selling and exposing
to sale by the said defendant, of your Oratrix's said
Book so as aforesaid, are infringements of the said
Copyright of your Oratrix
And your Orators further shew unto your Honors;
that the said defendant, at the time of the said
translating and copying, and printing, publishing,
selling and exposing to sale, of all and each and
every the said pages of your Oratrix's said Book
so as aforesaid, knew that your Oratrix was the
author and proprietor of the said Book, entitled
"Uncle Tom's Cabin; or Life among the Lowly by [Harriet
Chapter 1 Page 10
Beecher Stowe"; and that she had the Copyright ~
thereof as aforesaid
And your Orators further shew unto your Honors;
that the said defendant although often requested
[on behalf of] your Oratrix, and by her Agents, to desist
from the translating and copying, and printing, ~
publishing, selling and exposing to sale, and causing
to be translated and copied, and printed, published,
sold and exposed to sale as aforesaid, in the
said numbers of the said daily Newspaper, called
"Die Freie Presse", and in the said pamphlet form,
the said pages of your Oratrix's said Book as
aforesaid; and to account with your Oratrix for
the profits which have been received by him from
the sale thereof, has refused, and still doth refuse
so to do
And your Orators further shew unto your Honors;
that in consequence of the said defendant having
so translated and copied, and printed, published, sold
and exposed to sale, and caused to be so translated
and copied, and printed, published, sold and exposed
to sale as aforesaid, in the said daily Newspaper
called "Die Freie Presse", and in the said pamphlet
form as aforesaid, your Oratrix's said Book, your
Oratrix has been, and still is greatly injured and
damnified, in respect of the profits which she ~
reasonably expected to receive from the sale thereof,
and has been, and still is deprived of the receipt
of a large amount of profits, which she reasonably
expected to receive therefrom.
Chapter 1 Page 11
To the end, therefore, that the said defendant F.
W. Thomas may, if he can, show why your Orators
should not have the relief hereby prayed, and may,
upon his corporal oath, and according to the best
and utmost of his knowledge, remembrance, ~
information and belief, full, true, direct, and perfect
answer make to such of the several interrogatories
hereinafter numbered and set forth, as by the Note
hereunder written he is required to answer; That
is to say, -
1st.
First. Whether your Oratrix, the said Harriet
Beecher Stowe, was not, at the time of the writing,
printing and publishing of the said Book, entitled
"Uncle Tom's Cabin; or Life among the Lowly By
Harriet Beecher Stowe"; and of the taking out of
the Copyright for the same, as hereinbefore set forth,
resident within these United States; and whether
she hath not ever since been, and is not still
so resident as aforesaid?
2d.
Second. Whether your Oratrix did not, at
some time in the years 1850 and 1851 [& 1852] or at
some other and what time, write and print and
publish, or cause to be printed and published, a
certain Book, entitled "Uncle Tom's Cabin; or Life
among the Lowly. By Harriet Beecher Stowe"; and whether
your Oratrix was not the author of the said Book;
and whether she was not, and has not ever since
been, and is not still, the sole proprietor and
owner of the said Book and solely entitled to a
Copyright of the same, within the true intent
and meaning of the Acts of Congress in such case
made and provided?
3d.
Third. Whether your Oratrix, did not, in
conformity with the provisions and requisitions of [the
Chapter 1 Page 12
the several Acts of Congress, before the publication of
the said Book as aforesaid, deposit, or cause to be
deposited, a printed Copy of the title thereof, in the
Clerk's Office of the District Court of the District
of Maine, in the words following, to wit, "Uncle
Tom's Cabin; or Life Among the Lowly by Harriet Beecher
Stowe", or in some other and what words; and
whether your Oratrix did not, at the time of the
said deposit just inquired of, reside in the said
District of Maine?
4d.
Fourth. Whether your Oratrix did not, within
three months from the publication of the said Book,
deliver, or cause to be delivered, a copy thereof, to
the Clerk of the said District of Maine; and whether
she did not also, within three months from the
publication of said Book, deliver, or cause to be delivered,
one copy of the same to the Librarian of the
Smithsonian Institution, and one copy to the Librarian
of Congress Library, for the use of said Libraries?
5th.
Fifth. Whether your Oratrix has not, since
the printing and publication of the said Book as
aforesaid, printed and published, or caused to be
printed and published, several editions of the same;
and whether she did not give information of ~
Copyright being secured, by causing to be inserted
in the several copies of each and every edition
so printed and published as aforesaid, on the title
page, or the page immediately following, the following
words, viz: "Entered according to Act of Congress,
in the year 1851, by Harriet Beecher Stowe, in the
Clerk's Office of the District Court [---] of the
District of Maine", or some other and what words;
and whether she hath not complied with all the [provisions
Chapter 1 Page 13
provisions and requisitions of the Acts of Congress aforesaid?
and, if not, how not?
6d.
Sixth. Whether your Oratrix has ever assigned,
transferred or disposed of her right, title and interest
in the said Book, or the Copyright thereof, to the
said defendant, or any other person; and whether
she ever consented that the same should be translated
and copied, printed, reprinted or published, by or for
the said defendant, or any other person, except for
herself?
7th.
Seventh. Whether your Oratrix hath not actually
sold, and caused to be sold, the said Book at a
reasonable price; and whether she hath not been,
and is not in the enjoyment of the profits of the
same?
8th.
Eighth. Whether the said defendant, F. W. Thomas
has not, since the printing and publication of the
said Book, and since he securing of the Copyright
thereof by your Oratrix as aforesaid, to wit, on the
first day of January, 1853, or on some other and
what day, at the Eastern District of Pennsylvania
aforesaid, translated and copied into the German,
or some other and what language, and printed, published,
sold and exposed to sale, and caused to be so
translated and copied as aforesaid, and printed,
published, sold and exposed to sale, in the number
for the day last aforesaid of a certain daily
Newspaper, called "Die Freie Presse", or some other
and what name, or in some other and what number
of the said Newspaper, or in some other and what
Newspaper, pages thirteen to twenty inclusive and part
of page twenty-one, or some other and what pages
of your Oratrix's said Book
Ninth
Chapter 1 Page 14
9th.
Ninth. Whether the said defendant has not,
since the printing and publication of the said Book,
and since the securing of the Copyright thereof by
your Oratrix as aforesaid, to wit, on the third day
of January, 1853, or on some other and what day,
at the District last aforesaid, translated and copied
into the German, or some other and what language,
and printed, published, sold and exposed to sale,
and caused to be so translated and copied as
aforesaid, and printed, published, sold and exposed
to sale, in the number for the day last aforesaid
of the said daily Newspaper, being the next
succeeding number thereof to the said number first
above inquired of, or in some other and what number
of the said Newspaper, or in some other and what
Newspaper, the remaining part of said page twenty
one, and from pages twenty-two to thirty inclusive,
and part of page thirty-one, or some other and
what pages of your Oratrix's said Book?
10th.
Tenth. Whether the said defendant has not,
since the printing and publication of the said Book,
and since the securing of the Copyright thereof by
your Oratrix as aforesaid, and since the day and
year last aforesaid, to wit, on the following and
successive days of the said year 1853 up to the
present time, or upon some other and what days,
translated and copied into the German, or some
other and what language, and printed, published,
sold and exposed to sale, and caused to be so
translated and copied as aforesaid, and printed,
published, sold and exposed to sale, in the next
following and successive numbers of the said daily
Newspaper to the number thereof last above inquired [of
Chapter 1 Page 15
of, or in some other and what numbers of the said
Newspaper, or in some other and what Newspaper,
the remaining part of said page thirty-one, and the
following and successive pages down to some, and
what page, or part and what part of a page, or
some other and what pages, of your Oratrix's said
Book?
11th.
Eleventh. Whether the said defendant, since
the printing and publication of the said Book, and
since the securing of the Copyright thereof by your
Oratrix as aforesaid, and since the day and year
last aforesaid, still is not, to wit, from day to day
and every day, or upon some other and what days,
translating and copying into the German, or some
other and what language, and printing, publishing,
selling and exposing to sale, and causing to be so
translated and copied as aforesaid, and printed,
published, sold and exposed to sale, in the following
and successive numbers of the said daily Newspaper,
or in some other and what numbers thereof, or in
some other and what Newspaper, the following
and successive pages, beginning at the said page
or part of a page last mentioned, down to some
and what page; or part and what part of a page,
or some other and what pages, of your Oratrix's
said Book; and whether it is not the intention
and purpose of the said defendant, to translate
and copy into the German, or some other and what
language, and print and publish, and cause to be
so translated and copied as aforesaid, and printed
and published, in the following and successive numbers
of the said daily Newspaper, or in some other and
what numbers thereof, or in some other and what [Newspaper
Chapter 1 Page 16
Newspaper, the following and successive, or some other
and what pages, of your Oratrix's said Book, until
the whole thereof shall be fully and completely
so translated and copied as aforesaid, and printed
and published, and to sell and expose to sale,
and cause to be sold and exposed to sale the
same, when, as and after the same shall be so
translated and copied as aforesaid, and printed
and published? or if otherwise, how otherwise?
12th.
Twelfth. Whether the said defendant has not,
since the printing and publication of the said
Book, and since the securing of the Copyright thereof
by your Oratrix as aforesaid, to wit, on the first
day of January, 1853, or on some other and what
day, at the District last aforesaid, translated and
copied into the German, or some other and what
language, and printed, published, sold and exposed
to sale, and caused to be so translated and copied
as aforesaid, and printed, published, sold and exposed
to sale in pamphlet form, or in some other and
what form, pages thirteen to one hundred and
fifty-eight inclusive, and part of page one hundred
and fifty-nine, or some other and what pages of
your Oratrix's said Book?
13th.
Thirteenth. Whether it is not the intention
and purpose of the said defendant, shortly and
from time to time at short intervals, or otherwise,
and when, how, and in what manner, to translate
and copy into the German, or some other and what
language, and print and publish, and cause to
be so translated and copied as aforesaid, and printed
and published in pamphlet, or some other and what
form, the remaining part of said page one hundred [and
Chapter 1 Page 17
and fifty-nine, and the following and successive, or
some other and what pages, of your Oratrix's said
Book, until the whole thereof shall be fully and
completely so translated and copied as aforesaid,
and printed and published, and to sell and expose
to sale, and cause to be sold and exposed to sale
the same, when, as, and after the same shall
be so translated and copied as aforesaid, and printed
and published? or if otherwise, how otherewise?
14th
Fourteenth. Whether your Oratrix was not,
to wit, on the said first day of January, 1853,
or some other and what day, the lawful proprietor
of the said Book, entitled "Uncle Tom's Cabin; or
Life among the Lowly by Harriet Beecher Stowe",
and of the said Copyright thereof, and in possession
of the same; and whether she had not, to wit, on
the same day and year last aforesaid, or on some
other and what day, divers copies of the said Book
on hand and offered for sale at a reasonable
price; and whether she has not always had on
hand and offered for sale at a reasonable price,
a sufficient number of copies of the said Book;
and whether she was not, to wit, on the same
day and year last aforesaid, in the enjoyment
of the profits the same?
15th
Fifteenth. Whether the said defendant did
not, to wit, on the said first day of January,
1853, or on some other and what day, being
the same day and year in the last interrogatory
mentioned and inquired of, without the consent
and allowance of your Oratrix, expose to sale
and sell, and cause to be exposed to sale and
sold divers, to wit, one thousand copies, or some [other
Chapter 1 Page 18
other and what number of copies, of the said number
for the day last aforesaid, of the said daily newspaper
called "Die Freie Presse", or some other and what
name, or some other and what number thereof, or
some other and what Newspaper, containing said
pages thirteen to twenty inclusive, and part of page
twenty-one, or some other and what pages of your
Oratrix's said Book, so translated and copied as
aforesaid?
16th
Sixteenth. Whether the said defendant did
not afterwards, to wit, on the said third day of
January, 1853, or on some other and what day,
without the consent and allowance of your Oratrix,
expose to sale and sell, and cause to be exposed
to sale and sold divers, to wit, one thousand
copies, or some other and what number of copies,
of the said number for the day last aforesaid of
the said daily newspaper, being the next succeeding
number thereof to the number first above inquired
of, or some other and what number thereof, or some
other and what Newspaper, containing the remaining
part of said page twenty-one, and from pages
twenty-two to thirty inclusive, and part of page
thirty-one, or some other and what pages of your
Oratrix's said Book, so translated and copied as
aforesaid?
17th
Seventeenth. Whether the said defendant did
not afterwards, to wit, on the fourth, fifth, sixth
and following days respectively of January, 1853,
and upon the following days of the year 1853
up to the present time, or upon some other
and what days respectively, without the consent
and allowance of your Oratrix, expose to sale [and
Chapter 1 Page 19
and sell, and cause to be exposed to sale and
sold divers, to wit, one thousand copies, or some
other and what number of copies, of each of
the said next following and successive numbers
of the said daily Newspaper to the number
thereof last above inquired of, or some other and
what numbers thereof, or some other and what
Newspaper, containing the remaining part of said
page thirty-one, and the following and successive
pages down to some and what page, or part and
what part of a page, or some other and what
pages, of your Oratrix's said Book, so translated
and copied as aforesaid?
18th.
Eighteenth. Whether the said defendant
did not afterwards, to wit, on the said first
day of January, 1853, or upon some other and
what day, without the consent and allowance
of your Oratrix, expose to sale and sell, and
cause to be exposed to sale and sold divers, to
wit, five hundred copies, or some other and what
number of copies, of the said pamphlet form, or
some other and what form, containing said pages
thirteen to one hundred and fifty-eight [inclusive], and
part of page one hundred and fifty-nine, or some
other and what pages of your Oratrix's said
Book, so translated and copied as aforesaid?
19th.
Nineteenth. Whether the said defendant has
not, at divers times before and since the days
and times respectively above particularly mentioned,
and at what times, without the consent and
allowance of your Oratrix, exposed to sale and
sold divers, to wit, one hundred copies, or some
other and what number of copies, of each of [the
Chapter 1 Page 20
the said successive numbers, or some other and what
numbers, of the said daily Newspaper, called "Die
Freie Presse", or some other and what name, or
some other and what Newspaper, and divers, to
wit, five hundred, or some other and what number,
of copies of the said pamphlet, or some other and
what form?
20th
Twentieth. Whether the said defendant still
has not on hand, and does not offer the sale,
without the consent and allowance of your Oratrix,
copies of each of the said numbers of the said
daily Newspaper, or some other and what newspaper,
and of the said pamphlet, or some other and
what form, or of some, and which, and what
ones of said numbers?
21st.
Twenty-first. Whether the said defendant,
at the time of the said translating and copying,
and printing, publishing, selling and exposing to
sale, all and each and every the said pages
of your Oratrix's said Book so as aforesaid, or
at some other and what time, did not know
that your Oratrix was the author and proprietor
of the said Book, entitled "Uncle Tom's Cabin;
or Life among the Lowly by Harriet Beecher
Stowe", and that she had the Copyright thereof
as aforesaid?
22d.
Twenty-second. Whether the said defendant
was not often, and when, where, how and at what
times, requested by your Oratrix, and by her Agents,
or some one or more, and which of them, to
desist from the translating and copying, and
printing, publishing, selling and exposing to sale,
and causing to be translated and copied, and [printed,
Chapter 1 Page 21
printed, published, sold and exposed to sale your
Oratrix's said Book as aforesaid, and to account
with your Oratrix for the profits which have been
received by him from the sale thereof; and ~
whether the said defendant has not refused, and
doth not still refuse so to do? And that the
said defendant may annex to his answer, full,
true and perfect copies of all and every
such request and requests as aforesaid, which were
made in writing, and of all and every notice
and notices, received from your Oratrix and her
Agents, or any of them
23d.
Twenty-third. Whether [----], in consequence
of the said defendant having so translated and
copied, and printed, published, sold and exposed
to sale, and caused to be so translated and
copied, and printed, published, sold and exposed
to sale, your Oratrix's said Book as aforesaid,
your Oratrix has not been, and still is not
greatly injured and damnified, in respect of the
profits which she reasonably expected to receive
from the sale thereof, and has not been, and
still is not, deprived of the receipt of a large
amount of profits, which she reasonably expected
to receive therefrom?
And that the said defendant may be restrained
by injunction from this Honorable Court, from selling
or exposing to sale, and causing, or being in any
way concerned in, the selling or exposing to sale,
or otherwise disposing of, any copy or copies of
either and any and all of said numbers, and
any other numbers of the said daily Newspaper,
called "Die Freie Presse", and any other Newspaper [whatsoever
Chapter 1 Page 22
whatsoever and of the said pamphlet, and any other
form containing your Oratrix's said Book, or any
part or portion thereof, so translated and copied
as aforesaid, and from translating and copying,
or printing, or publishing, or selling, or exposing to
sale, and causing, or being in any way concerned
in, the translating and copying, or printing, or
publishing, or selling, or exposing to sale your
Oratrix's said Book, and any part or portion thereof
in any way, shape, manner or form whatsoever.
And that the said defendant be decreed
to render an account of all and every the copies
of each of the said numbers, and any other numbers
of the said daily Newspaper, and any other ~
Newspaper whatsoever, and of the said pamphlet
and any other form, containing your Oratrix's said
Book, or any part or portion thereof so translated
and copied as aforesaid, which have been sold and
exposed to sale, or caused to be sold and exposed
to sale, by the said defendant; and to pay over
the profits of such sales to your Oratrix
And that he be decreed to surrender and
deliver up to your Oratrix, all and every the ~
copies of any and each of the said numbers of
the said daily Newspaper, and any other numbers
thereof, and of any other Newspaper whatsoever,
and of the said pamphlet, and any other form,
containing your Oratrix's said Book, or any part
or portion thereof so translated and copied as aforesaid,
that the said defendant has on hand, or under
his disposition, power and control; and that he
be decreed to pay to your Orators their costs in
this suit; and that your Orators may have such [other
Chapter 1 Page 23
other and further relief in the premises as to this
Honorable Court may seem meet and the nature
of the case may require.
May it please your Honors to grant to your
Orators not only a Writ of Injunction, as aforesaid,
but also a Write of Subpoena, to be directed to the
said F. W. Thomas, commanding him by a certain
day, and under a certain penalty to be therein
inserted, to be and appear before this Honorable
Court, and then and there to answer the premises,
and further to stand to and abide by such
order as shall be agreeable to equity and good
conscience.
And your Orators shall ever pray, etc.
Sam H. Perkins
Samuel H. Perkins
Solicitors for Complainants
C.S. Stowe
H.B. Stowe
Before me the subscriber, Geo. S. Hillard
a Commissioner of the Circuit Court of the
United States for the district of Massachusetts
personally appeared this third day of March
A.D. 1853 the above named Calvin E. Stowe and Harriet
Beecher Stowe who being severally duly sworn
respectively do say, That the facts set forth in
the above Bill, of their own knowledge are true,
and those derived from the information of others
they believe to be true. Witness my
hand and seal
this third day of March AD. 1853.
Geo. S. Hillard
Commissioner
Chapter 1 Page 24
Note. The defendant, F. W. Thomas is required to ~
answer the interrogatories numbered respectively 1, 2,
3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,
20, 21, 22, & 23.
Sam H. Perkins
Samuel H. Perkins
Solicitors for Complainants.
Transcription by: Megan Wren