New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-04-25
DRAMATIC PLAGIARISM.


Sir: Miss Jean NJ Davenport has placed before the
pubic m .ter Of difference between myself and that
lady, and the observations made in The N. T. Herald
oblige me to stat, the following facts:
In Februsry last, Mics Davenport came to Laura
Keene's Theate, and witnessed my drama, Jeanne
Deans" The following night she came mpsnied
by secretary provided with writing mAterialsi they
sat SIDE by side in the orchestra sas and under Miss
Dsvenports dictaton and direction, certain writings
were core. The performers upon the stage drew my
attention 10 the fact. / omit their comments upon IL
A few weeks a1terwsrd Miss Davenport announced
at the Walnut strset Theater, in Philadelphia, new
play, called "The Hesrt Of Midlothian, or Jeanne
Deans written by herself had already engaged 10
play my drama at the Arch street Theater In ths city,
Mr. Wheatley, the manager OF that theater AFTER see
ing my piece 10 New-YoTk, had guaranteed that my
performances of 1t in Philadelphia should not realize
me less than 81 600 with other contingent advantages
Ireceived the following Letter from Mr. Wheatley.
Ny SR; Last Friday night visited the Walnut street
otSsh or JEANNE Deans This piece with exception Of
the opHs your drama Dsan srv w1,oh Tn s
has been slightly altered here and there but tue Woh IS
Under these circumstances with draw the offer made
you guarantee for me performances Of Jesnie
works and the best Ike attraction Of your play has been dss
troyed for me. -,
frat because heie IL lady the secondly because
aRecs another establishment in this city But your demand
50 urgent 'n YsuSs ysrV 1 truly W. wHEATLEY"
On receipt of this letter, / took the promptmanu-
script Of my drama from Lsura keenes Thsater, and
ient it TO Philadelphia that it might be compared with
Miss Davenport's piece. con6ded this duty TO MIR.
BlaekbuIne q gentleman OF experience IN theatrical
affairs, who had been manager and actor / append
his reply;
NY DrAK CIR: received rom you the PSompters copy OF
your play Jeanne Deans and according 70 your instructions
visited the Wanst Street Theatsr Monday March ~ and
witnessed the performances piece called The Heart Of Mid
lothian jeanne Deans As the play proceeded compared
frst set the 70 be the s.methe same Sc
Quence Of the sane plot and language
'0''''n SY HsS truly ~ THOMAS BIAckBURNE."
Still DESTROYS of adjusting this matter without public
trouble, went In person to Phladelphia called
on Mr.. Sheppard the legal adviser Of the lady. lie
produced her manuscript, and produced mine L
pointed out to him In her manuscript whole scenes
taken from my drama, without disguise, and sections
of II dialogue verbatim.
imple dramatzaton of Sir Walter SCOTS novel, but
an alteration of il. have altered the story, altered
the characters, invented scenes not to be found 10
SCOTS novel in any dramatic version OF IT. and
these scenes Incidents dialogue and characters Miss
Davenport has taken, and regret TO add, has aHro-
usAd their invention 10 herself.
After exhausiiDg every eaDs 10 induce the lady TO
reeede from her position, commenced suit against
her in the District Court in Philadelphia, and then
waited one month. Miss Davenport then advertised
to managers OF theaters that she would continue TO
them TO engage her Under these ercums ancss, find:
ing my property pllaged, my circumstances treated
with contempt snd the press OF Phladelpma used 10
Idicule and viify my pretensons, very reluctantly
felt obliged TO publish warning 70 n an th4s MES
Davenport was inviting them 10 do an illegal act-oDe
for which the law made them also responsible
As some time must eapse before this question Is
passed upon by legal tribunal and as II will be
matter Of public discussion desire TO meet the eva
sion resorted to, Of saying that my work was only
taken from SCOTS novel and the lady had right TO
use the same source / now offer reward OF ftve
thousand Dollars TO any person who can hnd In
Scott novel, in any dramatic version OF It except
minel the following scenes:
/. The arrest of Efie Deans at her fathers supper
table AID the whole Of the last scene Of the first act
81 The examination Of Madge Wldfre as witness
on Fife DeRns's ritsl.
g. The pickering Of the counsel at this trla ana the
scenes between them.
4. The murder Of Msdge Wildfre by her mother
Meg.
S. The character of Archibald, the Dukes foOtman,
with biz repetItions of phrases.
g. The whole Of the scene where Geordie Robertson
rouses the mob ard the soldiery are fred upon.
Z. The whole of the scene AZ the prison whsre Ellie
Deans is led 70 execution.
&. The whole of the last scene Of the attack on the
Tolbooth, used as a climax OF the Work.
There scenes all appear in Miss Dayenport's play,
serIatia e verJotim select them as being come Of
the prominent features.
/ need scarcely express the repugnance aud sincere
pain it eves me to rd myself thus opposed TO lady
in such conflict; and have to prove incontestby
the wrong that has beer done, hope the fair sex 70
which the lady belongs Will remember that she leaves
me no alternative.
cannot conclude without referring TO the lawless
manner in which dramatic literary property Ia pilsged
throughout this country by email travelling stars and
iusolvent managers. OF course have never received
any remuu Grafton whatever for London Assurance,
"Old Heads and Young Hearts," iced Up, The
Corsican Brothers" and many other dramas which
have afforded the public many nights entert lnment.
There works were prodnced in London, and became
public property here But DO claim both, from the
public always Just and kind, and from the PRESS who
should be the guardane Of literature Aat those works
which wrote for the Amerie AL Stage, such as Jessie
Brown !" "The Poor of Ne E-Yorb, y " Toe Octoroon"
"Jeanie Deans, and " The Colleen Bawn," should b.
respected. Yet shorthand wrters visit tho perform
ancee take down the dramas, and hawk them fer sale
among irresponsible managers and seNrs w1o are
wlinI 10 risk the performance, relying their own
wortbiessness to escape legal consequences. feel
earnestly assured that the respectable portion Of this
community and Of tie press Will not encourage law
less outrage upon the fruits of labor and al open DELI
ance Of law.
The success / have met with in my endesvors 10
please the public has sroused SEINE natural ;aoueee
and must submit to detraction and abuse do not
place any great literary value on my works, they may
be very poor hogs, bat poor as they are, they are
mine the sweat OF ny brow the bread OF my family.
] bow hnmbly 10 any criticism upon their meiI's but
when they stolen IL an unworthy act on the part
Of certain journals TO hound the THE ges and 10 smell
Ter the theft under the abase they cast my remon
strances. IL it probable that while dramatic works
20 humble and worthless mine thus treated,
dramatic author Of greater merit " Ill arss and sa:r
fee their lives hopes and aspirations to fonnd aud
ate an American drama / AN, Sr, years truly,
Kr1- Yoyk, April 81 1860. DION BoURGicAULT.
Tvy LATE ALBANY CHARTER ELEcTIoS.--We hsvs
tha following off al returns Of the votes given IA. the