The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-12-26
TINE ocToRooN IN COURT.
United states Circuit Court.
Before Hon. Judge ingefsoil.


AND COUNTER LETTERS INTERESTING THEArRiCA Al
soUABBLB- NOTION FOR TEMPORARY INJUNCTION
DRNIED-rHE DRAMA SHOWS SLAVERY AS A so
GAL PAGr. WITHOUT INTENDING TO SHOW AMI
OF IT'S POLITICAL BEARINGs, KTO.
Die 23-Ron Bourcicdun rs. William Stuart an
Thomas c. Yields, Public Administrator. plainn
in this case Is tho well known actor and drAmatst AM
the defendants respectively cssee and trustee tn
Winter Garden theatre. This motion Is brought for
injunction restraining the defendants from performing tb
new drama OF the Octoroon for the reasons fortt
In tho complaint and other papers read by Mr. Boom las
socated with Mr. Cramm for the complainan and which
e. follows
To nm HONORABLE rm JUDGE OF THE CIRCUIT COURT OF
THE UNITED STATES FOR TIE SOUTHERN DISTRICT OF NEW
Dion Bourcicaut Of the city Of New York. resident Of
Thomas G. Fields, and william Stuart, aen and com-
plans and saysThat he Is dramatic author, and has
Session Of dramatic composition; tSs in the fail Of
1859, and 70 the l2th day OF December 1859,
e. sna @ n nor 'ns s
being In 1--WE acts; that he was and Is the sole author
thereof And your orator further shows that the de-
fendans Fields and Stuart respectively tho trustee
and lessee and proprietor Of q theatre, known the
Winter Garden, which is open for public enter
therein given src and at the times hereinafter mentioned
were, under the control and direction Of the defeu.
stage manager thereof And your orator further shows,
that the sixth day OF December 1882 he had In hM
possession the manuscript OF the said play the
stage manager Aforesaid aud 10 pursuance Of his
powers be the aforesaid be produced at
the Winter Gaoen and permitted from night TO night
Its performance until the thirteenth Of Decsmber 1859,
inclusive; that the twelfth day Of December 1882
which time and for many previous he had boon resi-
dent Of State OF York. he deposited in due form
under the laws regard copyrights In the Office OF the
clerk OF the District Court for the Southern District Of
New York. the e of the said DRAMA the right whereof
he claims as author and proprietor certificate Of which
is hereunto annexed marked and made a part OF this
bill ana that he fully complied with the requirements Of
said for securing TO himself the copyright OF said
orans And Your orator further shows that during the
period OF three weeks prior TO the fourteenth day of
said December, constant negotiations and efforts
oeipg made by your aior 10 come 10 Al agreement
between and hun the said defendants, by which
the services OF Agnes Robertson Bourcicau the wife of
your orator actress together with the use of the
sso drama be furnished and rendered to the ma
nagement OF the said Winter Garden and that the sail
management the defendants Fields and Stuart pay
and allow therefor your orator compens alton sum
equal TO the half Of toe Of the weekly receipts
Oh the said Theatre alter the sum OF 81 800 should have
nrs been deduced for expenses That during the 1rst
OF SAID week said arrangement asented r. by the de-
lehoap Felos and Stuart settlement had la accorf
spce there~h but that orator could obtain or
procure any written distinct agreement arrangement
with the defendanis although he had constantly an
deavored SO TO do; but the defendants eva1ed and
avoided all and every effort the part Of your orator 10
elect such agreement whle the same time they re-
ceiyed the benefit OF his labors and those of his
ue' Ana your orator further shows that during the
constant efforts 20 come TO some distinct arrangement
and agree with the ndants and permitted them
to and produce his DRAMA enti,lea he "0ctoroo,"
but that agreement could be c,nsuufmated with
the said Defendants and that the l4h day OF Deem
ber 1852 the defendants dismissed and discharged your
said orator ard his wife from any further connection
employment in the theatre, and wholly refused to permit
and allow your orator to continue bis capacity
stage manager to have further Connection
employ the theatre And your orator further
respectfully shows that the defendants designing and in
tending to defraud him and in disregard OF his rights
Der, continue to represent your oratars Aforesaid
drama entitled the "octoroon at their theatre the
caused the same TO he publicly enar al narfnrned
although your orator has forbds~ tSa 20 TO DO sod
tnns ana. unau,horzef aing, and threaten to con-
clv announced the .epresen.auopss' ,r nressn
tauon y. ~, ,ation and disregard Of the rights OF
you a ana Of his rights under the copyright alore-
ssc~ avery as social fact. without intending to touch
Of It's political bearing, but only 70 use It's dramat:
osV the public and the press insisted chagrin and
disappointment Of your orator. on ascribing political
significance 70 the incidents Of the play o. wncn your
that the Of the play at the present us
obnoxious public feeling that II has proved
duced much censuo from the press Of the city and coun
y upon your orator its author great namue. o.
ooI S :, Ss wife requesting the withdrawal OF tne
nar and demonstrating aganft the same; .ua w. Srs
~ coniinu to be rreatIv " No No .,-
pusrty Of your orator dramatic author and TO your
orator and his said wife actors and that BY reason VI
60, ,. can only be represented to the great damage Of
your orator and thai your orator mas sussaGea am
sustaining great auFy sy reason
have surreptiousy obtained and keep possession OF
oony Of the manuscript Of said play the properly OF your
orator and that they are usns aIa ., o,o
IN their said theatre without the consent oi your orator
And your orator further shows, lnas 'ue ue,eauser
Thomas G. Fields, claims TO be trustee OF the WIN.
ter Garden and 10 be responsible for the liabilities
thereof bu, claims to have entire control and direction
thereof The exact and extent Of bis trusteeship
your orator ignorant and cannot therefore, more par
ticulary designate the same the other defendant VIM.
Stuart is wholly iDsoyent and unable 10 rcsponi 10
damages for the aforesaid wrong and injury commueo
by HIM And your orator charges and verify believes,
that Thomas G. Fields William Stuart, the defendants
unless and cpjoued by the duo process OF this
honorable court will continue to act perform OF repre-
sent your orators DRAMA without your orators consent
at the Winter Garden elsewhere to the great and ire.
parable damage Of your orator and his rights IN the
rSses; whereas your orator charges that he, having
complete right and title TO the drama as the author and
proprietor thereof and Of the said copyright
by reason of the premises the sole right to act perfor
or represent the and TO permit TO be so acted
performed or represented And your orator further
shows that he greatly injured and damned in respect
10 the profits other advantages and benefits which belong
to the exclusive performance or the drama, and WIN
be greatly injured and damnaed the said defendant
he moi restrained from the perfor Thereof all which
actngs dopgs pretences and refusas are contrary TO
equity and good conscience AND eenS ne con
sderson thereof and for as much as your orator can
only adequate relief in the premises In this court Y
can show why your orator should not nave tne re
Lief prayed for, and may their respective corpora
oaths and according to the best and utmost Oh thc!
knowledge remembrance, information and belief, full
true direct perfect answers make to such Of the in
ferroeatores hereinafter numbered ad set FORTH by
the hereunder written they are required TO answer
viz
l. Whether the defendants, either Of hem and ii so
which have not manuscript copy OF a drama in fvt
acts entitled the Ocoroon, or LILO in LousanaY ana
so, from whom the same procuTcd?
Was not the said manuscript play put in rehearsal al
the said Winter Garden and publicly produced on tue
stage Of said theatre the night Of the sixth OF Dccem
Der, 1889?
8. Was it not nightly enacted at the said theatre on
every night when the said theatre was open 70 the public
until the fourteenth day of December, 1857
Was not also represented on the night OF the l4h
18th 10th Of December 1852 and subsequently there
TO, at said theatreS
Was said play publicly announced by you, or ono
of YOU the bills Of the said theatre for the 4th and
18th Of December 1882 and in the advertisement OF said
days the play Of Dion Bourcicautg and did you
OF you not announce that II would be performed every
night thereafter at said Winter Garden, until further
noticeR
O. If it was 80 represented or Produced was it under
Is ttrn Dw,~rIp n at.a