The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-10-08
DUB AMERICAN COUSIN IN COURT.
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Who Is the Owner OF the
Piece
Laura Keene and j. 8. Clarke
Both Claimants.
The Motion for an Injunction against
the Latter.
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Interesting Argument i'm the SUI
periOr Court.
DECISION OF JUDGE M0MCRIEF.
9hs Ords. 70 Show Cause Dismissed and tho
Injunction Refused.
The Motion for an Injunction Against
the Latter.
Interesting Argument i'm the SUI
periOr Court.
DECISION OF JUDGE moNcRIEF.
Superior Court-Chambcrs.
Before Hon. Judge Moncrief

LAURA KEENE VERSUS JOHN 8. CLARKE AND VIII
LIAM STUART.
The promised hearing in this case, involving the
question OF the ownership Of the far-famed COMEDY
Dur American Cousin took place yesterday iore
noon at the chambers Of the Superior Court, oe'ort
Judge James Moncricf The court room was crowded
with interested spectators and listeners The green
seemed be transferred from the theatres TO the
court room, which was umned by the radiant counte
nances of several stars-bg and ttlen their severa
spheres and nearly every department OF the dramatic
world from the manager down TO the property man. and
that useful individual "the supe was represented by
some individual during the argument before Judge
McCunn yesterday.
Managers stuart and wheatley occupied seats nea
their counsel Messrs Edwin James and Thomas Dunphy
Miss Laura Keene not present. and those who came
there with the expectation that that lady would make
her appearance in the guise OF an ordinary mortal
Invested of stage trapping and nummery, were com
PEELED to go away disappointed.
In the complaint Of Miss Keene, which was pub
Mshed in the HERALD OF last Thursday the main
facts Of this interesting squabbe we're supplied to the
public it is therefore unnecessary to repeat them
here 1t will be sufficient to state that the litigation
grows out of the performance at the Winter Garden
theatre Of Our American Cousin, which the plaintiff
claims is her sole and exclusive property.
THE CASE FOR THE DEFENCE.
Mr. Edwin James opened the argument on behalf of
his clients by briefly stating the circumstances Of the
case which are already known the public and there
fore need not be repeated and then proceeded TO read
the following adavts an answer to the complaint OF
Miss Laura keene, published In last Thursday HERALD
AFFIDAVIT or MR.. JOHN 8. CLARKE.
State = Neso FORK, city and county Of Mem York, M:-
John $. Clarke, one of the above named defendants
being duly sworn, deposes and says
That he has read the complaint of the above named
plaintiff in this case
That he is comedian by profession and is acting
NJ the Winter Garden Theatre in the drama of Our
American Cousin.
That the said drama OF Our American Cousin was
not written and composed exclusively by Tom Taylor, in
England alleged in the said complaint, but the
Jont production o: the said Tom Taylor and Joshua Sis
bee an American actor OF we'll known repute. he being,
In the year 1851 1852 at the time the said play was
written and composed, in England
That the said drama play after had been written,
cast and rehearsed in about the year 1882 at the
Adeph theatre London and the manuscript OF the said
play and all the interest OF the said Tom Taylor as one
assigned and sold by him to Mr. Benjamin Webster the
proprietor Of the said Adclph theatre, in London Eng
land and the said Benjamin Webster Became entitled to
the said manuscript play as actual owner OF the said
play, manuscript and copyright thercof.
That the said Benjamin Webster did not publicly re-
present the said play at his theatre In London but after
wards upon the application OF the said Joshua Slsbce,
assigned and transferred the said drama manuscript and
copyright to the said Joshua Slsbec, who was then in
England intending TO play part In the said play and
the said Joshua Ssbee paid valuable consideration to
the said BENJAMIN Webster for the same and thercupon
% the said manuscript, drama and copyright became
vested in the said Joshua Sisbee, and the said
Benjamin Webster at the time delivered TO the said
Joshua Ssbee the original manuscript OF the play OF Our
American Cousin who brought the same with him TO
this country the said Joshua Silsbee intending TO
present the said play publicly in this country and TO play
one OF the parts therein.
That the said Joshua Sikbee died in California In the
year 1885, and at the time of his death was the owner
ard possessed of the said manuscript play and OF all
rights thereto belonging and bequcathed the same with
the rest of his personal estate 70 his widow Mrs Martha
Silsbec, since ntermarricd with William Chapman.
That this Opponent, IN the month OF October, 1898 and
before the plaintiff in this acton commenced the pro-
ceedngs In the United States Circuit Court for the East
district of Pennsylvania alluded to in this complaint
and before this deponen caused the said play TO be pub
lcy represented, for good and valuable consideration
paid By this dcponent aud William Whcatley, who was
then partner with this deponon. conducting the Arch
Street theatre Philadelphia granted and gave 10 THIS dep0-
nent full right and license TO play and represent the said
drama at any theatre and in any part OF the United
States and the sad Martha Sshee then delivered 10 this
dcponent and his said partner the original manuscript OF
the said play as written and composed by the said rom
Taylor aud Joshua ssbcc England and deposited with
them such manuscript, and which said manuscript IL
now Ia the possession % this deponent and viii be pro-
duced by this deponent the trial Of this cause.
That this manuscript exhibits the original cast Of
chararters at the Adcph theatre In London as made
preparatory To representing tho play there where u was
Tehearsed and announced but afterwards withdrawn.
That this deponent wholly and emphaticaliy denies
that on the 2sth Of September 1858, or the 9th Of
November 1908, or at any period subsequent 10 the
year 1852, the said Tom Taylor the owner pro-
prctor OF the said drama Of Our American Cousin or
represent the 10 the plaintiff or TO any other per
but on the contrary, this deponcnt states that the
said Tom Taylor had absolutely transferred for good
and valuable consideration all his right title and interest
Of every kind without reservation before mentioned
and that u the said Tom Taylor did make any such
assignment transfer dispositiono the said drama
% the plaintiff alleged in her COMPLAINT such transac
ton wholly Illegal and void against PRIOR vcndee
and his assigns for a valuable considerable.
That this deponent Is now acting IN ms part Of Asa
Trenchard In the dramn of "Our American. Cousin, nj
~ Wfvfrr Card In rtfv And 49,.
said play represented and all the parts and language Of
the said play cast and taken and aeed from the
original manuscript purchased by this deponent from
the Martha Slsbee but that this deponcnt has
many alterations and amendments in the situations and
language and stage effects In the said drama entirely
That THE depcnent denies that he has obtained
procured cpy OF the manuscript Of the said comedy
alleged by the plaintiff to belong to her from surrept
source alleged in the complaint Of the plaintiff
that he has sther by himself In conjunction with
,he said willi. wheailey tEthout The authority con.
sS ~ asss and nformatcns gwen
= MIN ~ sod Motors gIee plaintiff ~ produced
Of The the contrary, the SAID play with
the addition - certain amendments and additions be-
fore alluded with certain suggestions herena,e,
acted from the manuscript OF which this deponent is
owner and not from any manuscript or copy OF any
manuscript TO which the plaintiff claims any right or
title
That N Joseph Jefferson acted the part OF Trench
ard IN the sad play Of Our American Cousin at the
reputation by the performance OF that character and in
the course OF such performance by his tact and ability
introduced certain original language Of his own when he
80 represented H. TO make The said character In his judy
attractive, but That such language not
any way directly indirectly, the production Of the
said Tom Taylor IN any way, directly indirectly
the manuscript Of the said play, which the paini
alleges she purchased from the said Tom Taylor in
any way surrepttously obtained by this deponent but
on the contrary the said Mr. Joseph jefferson being
Of intimacy with this deponent after this doponent
had purchased the manuscript from the said Martha ls
ad fha huo
mess, which not In any way the property OF the
plaintiff part OF the manuscript 20 purchased by her
That u IL usual thing among actors who are upon
terms OF intimacy with each other 10 communicate add
tions and improvements both In the language and bust
made by them IN enacting plays TO each other for
the purpose Of adoption and upon the stage and this
ponent has himself made communications OF the
kind 10 Mr. Joseph Jefferson for the purpose there
being reciprocal feeling upon such subjects between
membrrs Of the theatrical profession.
That Is true that the plaintiff applied In the Circuit