The New York herald., 1874-08-15
TEE PEN AND BUSKM.

To THE EDITOR OF THE HERALD:-
In your report of the case headed "Author ver
sus Manager" there are implications which can
not permit to 60 unnoticed, and therefore ask
that you will give the same publicity TO this note
as you did 10 the statement OF the case. In that
statement the first remarks that are imputed to
me were never uttered by me- 1t Is also stated
that ~ was thrust out OF the Office with force and
violence" which Is not true, but on the contrary,
by force and violence.
Now, sir, the facts of this case are as fo!lows:-
Some time since /, with co-author, presented TO
Mr.. Thorne drama copyrighted under the title
Of "Thc Two Orphans" which Thorne accepted.
after being notified by the managers oil an uptown
theatre that II he produced the piece they would
enter suit against him. When the piece was under.
lined these same managers procured an injunc-
ti0n against him, which was served several days
before the production. then stated that the play
was entirely original with the exception OF por-
tion or the plot, which was taken from resume
OF French play. published in the NEW YORK
HERALD He then asked the privilege, and OBJ
tanned 1t. or playing the piece under the title Of
"The Two Sisters" Under this title it was per.
formed. when the demand was made upon Thorne
for tie agreed upon sum OF money to be paid for
the use of the play he refused to pay US. and IN
sisted that we (my co-auth0r and myself should
pay the expense OF his lawsuit. Since the play
was taken OH the stage several demands lOr the
manuscript have ueen made, without avail. and on
Thursday :ast sent note to Mr. Tnorne re-
questing, in polite terms, the return OF this play.
together with tue two others which | had deliv-
cred to him Tor perusaL This note was delivered
to Mr.. Thorno and returned to the gentleman who
bore II. with receipt, which purported to be '1n
fuli' OF all demands had on Th0rne, but which
only contained the titles OF tue two unused plays.
THIS my rlend refused to sign, and was then In
formed that If wanted to get my manuscripts I
should call IN person.
did SO on saturday and took o friend with me.
/ was usnered with my friend into Mr.. Thorne's
on his table and said, very disoOurte0usiy. 'Sign
that receipt" looked at the receipt, and dis.
covering that "rhe Two Orphans" was not men,
toned asked where 1t was. lie replied that
could not have it and that his lawyer had 1t, and
when asked what he wanted with u he replied,
the manuscripts already delivered and started
out OF the ONCE, whereupOn ne seized me violently
and attempted to drag me back and Orce me to
sign the receipt-all the time irving to wrench
from my hand the package. He struck me and
tried to pull me into the office mot out OF IT, as
tected him Q0r he Is all old, crippled mani from
the punishment he deserved at my hands, and
walked out followed by him with his abusive
language. Having been assaulted attemp ted to
obtain the only redress whicn felt could get by
an appeal to the law; but here again was fOled,
the Justice before whom the case came choosing
to treat The matter In trivial Aanner, and rather
implying IN his examination that persons so ag-
grieved should violate the law by taking 1t 10
ther own hands. There Is no controversy he
tween my co-authOr and myself on the matter In
question: shall take leave to state tnat the mat
ter shall come before higher tribunal. Hoping
that you will give this place IN your columns In
justice to me- am, ROBERT JOHNSTON.