And your orator further shows, that he is the author and proprietor of a certain other book entitled, "Greene's First Lessons in Grammar. First Lessons in Grammar based upon the Construction and Analysis of Sentences: designed as an introduction to the Analysis of Sentences.' By Samuel S. Greene, A. M., Principal of the Phillips Grammar School, Boston. Philadelphia: Thomas, Cowperthwait & Co." The title of which said book was duly entered for the securing the copyright thereto, by the said Greene, according to the Act of Congress, on the twenty-ninth day of July, in the year of our Lord, one thousand, eight hundred and forty-eight, in the Clerk's office of the District Court of the District of Massachusetts, as by record of such entry, remaining in said clerk's office, fully appears; and your orator avers that he did all other acts and things, required by law, for his securing of his said copyright in the book aforesaid, and continued by his agents duly authorized, to publish and sell the same, exclusively of all other persons, under the protection of the copyright thus secured to him.

And your orator further says, that the purpose and design of both of the said books, is to teach children the formation and analysis of the English Language; and that in furtherance of this design, he has invented, arranged, composed and set forth in both of the books aforesaid, a new system for the division of all sentences of the English language into various classes, with new divisions and subdivisions; and your orator further says, that he has invented, applied and set forth in both of said books, new names to express and define these said classes, divisions and subdivisions; and your orator further says, that he composed, arranged and set forth in both of said books, certain exercises, designed to teach and illustrate the formation and analysis of the sentences of the English language.

And your orator further says, that the exclusive right to print, publish and sell the several books aforesaid, the whole and every part of the contents of each of them, was, and is, vested in your orator; and that your orator has expended large sums of money in preparing and printing editions of the said books, and has always had, and still has, a sufficient number of copies on hand, for sale to the public, at a reasonable price, and has always received, and still ought to receive the profits thereof.

Nevertheless, the said defendant, contriving and intending to injure your orator, without the license and consent of your orator, on the first day of January, in the year of our Lord, one thousand, eight hundred and fifty-three, at his shop in said Plymouth, published and exposed for sale, and sold, and still continues to publish and expose for sale, divers, to wit: ten thousand copies of a book entitled, "Covell's Digest of English Grammar." "A Digest of English Grammar synthetical and analytical, classified and methodically arranged; accompanied by a chart of sentences, and adapted to the use of schools. By L. T. Covell, Principal of the Fourth Ward Schools, Alleghany, Pa. Apply thine heart unto instruction, and thine ears to the words of knowledge. Prov. 23: 12. New York: D. Appleton and Company, 200 Broadway. Pittsburg: A. H. English & Co., MDCCCLII." And furthermore, that the said defendant, on the thirteenth day of July, in the year of our Lord, one thousand, eight hundred and fifty-four, at his said shop, published and exposed for sale, and sold, and still continues to publish and expose for sale, divers, to wit: ten thousand copies of a book entitled, "Covell's Digest of English Grammar. A Digest of English Grammar, synthetical and analytical, classified and methodically arranged: accompanied by a Chart of Sentences, and adapted to the use of schools, Alleghany, Pa. Apply thine heart unto instruction, and thine ears to the words of knowledge. Prov. 23: 12. Second Edition. New York: D. Appleton and Company, 200 Broadway. Pittsburg: A. H. English & Co., MDCCCLIII." And said last mentioned book, is a second

edition of the first mentioned book, published and sold by the defendant, and differs from said first mentioned book, only in a few unimportant words and phrases, and contains, in fact, all the matter and substance contained in the said first mentioned book, although the words in which said matter and substance is expressed, are not, in all cases, the same.

And the said books, so published, exposed for sale and sold by the defendant, are violations and infringements of the said several copyrights of your orator; in that they contain matter adopted from the said books of your orator, so copyrighted as aforesaid, describing and setting forth the said new system for the division of all sentences of the English language into various classes, with new divisions and subdivisions, invented and applied, as aforesaid, by your orator; and furthermore, in that they define, adopt and use in the same manner with your orator, the new names aforesaid, invented and employed by your orator to express and distinguish the aforesaid new classes, divisions and subdivisions of the sentences of the English language; and, furthermore, that the said book adopts and imitates the form and use of certain exercises for children, composed and arranged by your orator, for the purpose of reaching and illustrating the composition and analysis of the sentences of the English language; and, furthermore, that the said books, published as aforesaid, and sold by the defendant, are substantially of the same plan and motive throughout with the aforesaid books of your orator, and that they are intended to supersede the said books of your orator, in the market, with the same class of readers and purchasers, without introducing new matter and with only colorable deviations.

And your orator further states, that before the said Covell had compiled, and before the defendant had published and sold the books herein before complained of, the said Covell had seen, read, approved of, and introduced as a text book into the school of which he was the teacher, one or both of the said books of your orator, and that he recommended one or both of the said books of your orator, to the favorable notice of other teachers and school directors, as a text book better calculated to meet the wants of schools, than any other work on grammar, of which he had any knowledge at that time. And your orator further states that, before the publication of his said books, the said Covell had no knowledge of the system of analysing sentences in the manner described and set forth by your orator in his said books; and afterwards described and set forth by the said Covell in the books hereinbefore complained of, and published and sold by the defendant.

And your orator further states, that D. Appleton and Company, of New York, the original publishers of the books hereinbefore complained of, and sold by the defendant, had been informed, and knew, that the said books, published by them as aforesaid, were infringements and violations of the said copyrights of your orator, and that in consequence of said information and knowledge, they directed the said Covell to change and alter certain portions of his said first mentioned book, so that in the said second edition thereof, there might be less apparent similarity to the books of your orator, copyrighted as aforesaid, and that in consequence of said directions, the said Covell did, in the preparation of the said second edition of said book, change and alter certain portions of his said first edition of said book, and made certain other colorable deviations, particularly in those parts and sections, which, your orator has herein before complained are infringements and violations of his said copyrights, secured as aforesaid; and said changes, alterations and deviations do not render said second edition more valuable, more instructive, or better suited for the use of teachers or pupils of schools, than the said first edition, but that the said changes, alterations and deviations were

introduced into said second edition simply and solely for the purpose of diminishing the apparent similarity between the books published and sold by the said defendant, as aforesaid, and the books of your orator, under the false and mistaken supposition, that by making certain small, unimportant, and colorable changes, alterations and deviations, the said defendants could escape the penalty of the law, in such case made and provided.

And your orator further shows, that in consequence of the said defendant's having so exposed for sale, and sold, and of his continuing to expose for sale, and sell, the books hereinbefore complained of, the sales of your orator's said books have been hindered and rendered less than they would otherwise have been; and that your orator will suffer a still greater diminution of his sales, and a still greater loss of his lawful and rightful profits on his said books, if the said books herein before complained of, shall continue to be sold or exposed for sale by the said defendants, or any other person.

To the end, therefore, that the defendant 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 all and singular, the matters herein before set forth, and complained of, and especially, to answer and set forth:

1. Whether your orator, is not the proprietor of the several copyrights, of the said books, entitled respectively: "Greene's Analysis," and "Greene's first Lessons," as herein before stated by your orator?

2. Whether the defendant has sold any, and how many, copies of said book herein before complained of; and at what prices; and how many copies have they now on hand?

3. Whether the said books, published and sold by the defendants as aforesaid, do not contain matter adopted and copied from the said books of your orator as copyrighted as aforesaid ?

4. Whether the said books published and sold by the defendant, as aforesaid, are not substantially of the same plan and motive throughout, with the aforesaid books of your orator?

5. Whether, before the said Covell compiled, and before the defendant published and sold the books, herein before complained of, the said Covell had seen, read, approved of and introduced as a text book into the school of which he was the teacher, one or both of said books of your orator?

6. Whether before the publication of the said books of your orator, the said Covell had any knowledge of the analysis of sentences, in the manner described by your orator, in his said books; or of the new system for the division of all sentences of the English language into the various classes, divisions and subdivisions, set forth in said books of your orator, or of the names employed by your orator, to express and distinguish the aforesaid classes, divisions and subdivisions; and whether he, the said Covell, ever taught, or recommended to others to teach, or employed for the purpose of teaching the analysis or composition of the English language, exercises like those employed by your orator for that purpose, and set forth and explained in the books of your orator, copyrighted as aforesaid?

7. Whether the defendant, or the said D. Appleton and Company, of New York, the original publishers of the books herein before complained of, and sold by the defendant, knew that the said works of the said Covell, published and sold by him and them, as aforesaid, was an infringement and violation of the said copyrights of your orator; and whether in consequence of such knowledge and information, they or either of them, directed the said Covell to change and alter certain portions of his said book, so that in the second edition published by the

defendant as aforesaid, there might be less apparent similarity to the books of your orator, copyrighted as aforesaid, and whether in consequence of such directions the said Covell did in the preparation of the said second edition of his said book, change and alter certain portions of said book, and make certain other colorable deviations, particularly in the parts and sections of his said book, which treat of the subject of the analysis of sentences in the English language, which said parts and sections your orator has herein before complained, are infringements and violations of his said copyright, secured as aforesaid; and whether said changes, alterations and deviations, render said second edition of said book more valuable, more instructive or better suited for the use of teachers and pupils of schools, than the said first edition; and whether said changes, alterations and deviations, were not introduced into the said second edition for the purpose of diminishing the apparent similarity between the books sold by the defendant, as aforesaid, and the books of your orator copyrighted as aforesaid, and if they were not introduced for that purpose, why were they so introduced as aforesaid?

And that the defendant may be restrained by injunction, from selling or expos ing for sale, or causing, or being in any way concerned in the selling or exposing for sale, or otherwise disposing of any other copy, or copies of the books hereinbefore complained of; and that he be ordered to render to your orator an account of the copies of the same that have been sold, and to pay over to your orator the proceeds of such sales; and that he be ordered to deliver up to your orator all the copies of said books that he has on hand; and that it be decreed that the defendant pay to your orator all the costs of this suit, and that the exclusive right and privilege of your orator to print and publish and sell his said books, and the matters hereinbefore charged to have been piratically taken from him as aforesaid, may be established, and that your orator may have such other and further relief in the premises, as to this honorable Court may seen meet, and as the nature and circumstances of the case may require. Therefore, will this Honorable Court grant unto your orator the Writ of Subpoena, issuing out of and under the seal of the Court, to be directed to the said William Bishop of Plymouth, in the County of Plymouth, and District of Massachusetts, commanding him, by a certain day, and under a certain penalty to be therein specified, to appear before this Honorable Court, to answer upon oath the matters and things, herein before complained of, and abide the order and decree of the Court.

SAMUEL S. GREENE
by

LEMUEL SHAW, Jr.

LEMUEL SHAW, Jr.

Solicitor for Pliff..

The defendant, William Bishop, is required to answer the interrogatories numbered respectively, 1, 2, 3, 4, 5, 6 and 7.

CIRCUIT COURT OF THE UNITED STATES.

MASSACHUSETTS DISTRICT.

July 25th, 1854.

Personally appeared the within Lemuel Shaw, jr., Attorney of Complainant, and made oath that he has read the above bill subscribed by him, and knows the contents thereof, and that the same is true, except as to matters therein stated to be on the information and belief of the Complainant, and that as to those matters, he believed the same to be true.

Before me,

H. W. FULLER, Clerk.