Although in this appeal the publishers stated that the correspondences
between the two series were "few and immaterial," a careful comparison
of the early edition of the Second Reader with the "Revised and Improved
Edition" shows that Mr. Smith took out seventeen selections and inserted
in their places new matter. To an unprejudiced examiner it appears
that the new matter was better than the old. The old marked copy of
Worcester's Second Reader, preserved for all these years, shows ten
pieces that were used in both books. It thus appears that the publisher
took this opportunity to improve the books as well as to make them
unassailable under the copyright law. In three months between the
bringing of the suit and the granting of an injunction, Mr. Smith had
made his improved edition safe and rendered the injunction practically
void.

[The Suit Settled]

The court proceeded in the usual manner and appointed a master to
examine the books and make report to ascertain what damage had been
inflicted on the owners of the Worcester Readers. But Mr. Smith was an
attendant in church and doubtless had heard Dr. Beecher read, "Agree
with thine adversary quickly while thou art in the way with him, lest at
any time the adversary deliver thee to the judge, and the judge deliver
thee to the officer, and thou be cast into prison," and he had no desire
to remain there until he had "paid the uttermost farthing."

When the master, in the leisurely execution of his duty, made his report
nearly two years later, the court found that the defendants had removed
from their books the pirated parts and that the suit had been settled by
paying the plaintiffs two thousand dollars. There was no further contest
about the plan of the two books.