[27] In various instances Vizetelly & Co. had acquired its interest in Zola's works from third parties who had bought the rights direct from the author. In some cases, under the law of that time, the copyrights had lapsed; and anybody could issue translations of the books so circumstanced. This will explain the circulation of several of the American versions in England. However Vizetelly & Co., as soon as practicable, put things on such a basis as to protect all Zola's new books, purchasing the sole British rights from him or from his assigns. At the outset Zola received moderate sums; later, after Ernest Vizetelly and Messrs. Chatto had taken his interests in hand, the payments rose considerably. In America a royalty of fifteen per cent was usually paid, Zola taking two-thirds and E. Vizetelly one-third of it.
[28] The same course was taken with the summonses for "L'Assommoir," "Germinal," and "The Fortune of the Rougons." And that against Thomson with regard to "The Heptameron" was withdrawn because the prosecution had mislaid its copy of the work.
[29] "The New Censorship of Literature," by George Moore, "New York Herald," London edition, July 28, 1889.
[30] Ibid. and "Daily Chronicle," January 12, 13, and 16, 1894. In the latter journal (January 13) Coote denied that "threats were used to induce the girl to confess crimes"; Mr. Moore retorted (January 16) by giving the report of the case.
[31] Frank Vizetelly, on whom as one of the managers of the business the summons was actually served, had offered to take full liability for the sales, but his father would not allow it.
[32] At the risk of offending some readers by plain speaking the writer feels he may mention that his father was suffering from a stricture. All medical men will know the torture that ensues when the sufferer is placed under such conditions that he cannot obtain relief. The trial having suddenly collapsed, no medical man was in attendance to give evidence. Had medical evidence been given it is possible that Sir T. Chambers might have hesitated to pass a sentence of imprisonment.
[33] He had the usual privileges of a first-class misdemeanant. His food was sent him from outside, he had some books and periodicals at his disposal, and a few articles of furniture were sent from his home.