The New York herald., 1875-08-17
THE COURTS.
Literary Piracy--Boucicault and
rip Van Winkle."
THE INVADE LIBEL SUIT.
Boucicault's Characteristic
Answer.
"ThieYeS Who PrOwl Around the PnrlieuS OF
the Drama 10 Be Exterminated,'

In the libel suit pending in the Supreme Court Of the
State in which Robert McWade who claims to bo the
author and originator of the drama play known as
Grip Van Wrinkle, or the Sleep of Twenty Years, is
plaintiff and Dion Bouccanlt defendant the latter
puts the following characteristic answer to the plain
tin7s charges of piracy and plagiarism which appeared
in these columns last week.
TIE ANSWER
NEW YORK SUPREME CoURT.-RObert McWade VS.
Dion Bouccault-The defendant who is a householder
at No 20 East Fifteenth street. the city of New York
and possessed in said house of personal property Of
large value and who is a nauralized citizen of the
United States, for the complaint of the above
named plaintiff denies that the plaintiff in the
business Of dramatic author, or that the
plaintiff ever was or Is an actor theatrical
deineator or personator that he originator
OF a drama or play known Grip Van Winkle, the
Sleep of Twenty Years" that the plaintiff in pur-
Of the laws of the United states Of America duly
copyrighted the said manuscript drama; or that il tho
plaintiff wrote copyrighted any such drama It
was of great or any value in any whatsoever
that u was OF any personal or other advantage to the
plaintiff that plaintiff had established for him
SELF or ever had good in his business dra-
matte author, or actor, or delineator
This defendant admits that he Is a dramatic author
and actor and Is the author Of the drama called The
Shaughraun," but he denies that Josh Hart was ever
the owner of drama or play called or known by the
name OF "Ihe Skibboah;" or that this defendant
menced an action in tho Superior Court of tho city of
New York against said Josh Hart; but the defendant
admits and alleges that judicial proceedings similar
those set up in the complaint had in tho United
States Circuit Court; and that therein Injunction
was granted and still in force, restraining Josh Hart
from dramatic representation OF n play called ''The
Skibbeah, and adjudcatng that said drama and
infringement of both tho manuscript and copyright
property OF this defendant in said drama Of ''The
Shaughraun."
This defendant admits that he composed and caused
to be published the matters set up in the complaint
commencing with the words 'sBoucicault VS.. Hart y
and ending with the defendants signature; but he de-
MES that the samo were composed published with any
malice toward this plaintiff toward anybody or that
the matter was either false or deiamatory Of the plain
tiff; but this defendant and alleges in this CON
necton that he composed and published said matters
with good and justiabe motives and in the cause of
popular justice and fair play and matter Of informa
on to the public and to others and in good faith as
proper kind OF information statement, argument and
ILLUSTRATION upon question Of bellies tereS and dramatic
art and because defendant informed, advised and
believed that he had been throughout the civilized
world for quarter OF n century recognized authority
upon such subjects by the general verdict Of the press
or readers, of audiences and members Of the great
guilds of art and literature.
But said defendant admits that by said letter and
publication in the complaint aforesaid mentioned he
intended and caused be believed by all the readers
OF the NEW York HERALD, and all other good aud
worthy citizens, that the plaintiff and had been
guilty of plagiarism and that plaintiff had wrongfully
and unawfully taken and appropriated to his own use
ana Tor his own pecunaTy gain and with forcknowedge
thereof large part of the unpublished drama play Of
Grip Van Winkle," which composed and for dra-
matte representation copyrighted by this defendant and
the manuscript copyright whereof were and are owned
not by Mr. Thomas jefferson, in the complaint
alegedfor deponent is informed and believes that
Thomas Jefferson is dead-but by Joseph Jefferson as
proprietor of said manuscript and copyright.
And this defendant admits that he also intended and
caused to be believed as aforesaid that the plaintiff in
performing exhibiting dramatically representing n
drama play by the name of Grip Van Wrinkle, or the
Sleep Of Twenty Years" as an original play by said
plaintiff, guilty Of mposure and for here
matter pleaded But defendant denies that by of
such letter and publication aforesaid by this defendant
made the plaintiff ever has been, greatly in
anywise injured in what the complaint AYERS TO be the
plaintiffs reputation, or in what the complaint alleges
TO be the good name and credit dramatic author or
of the said plaintiff that plaintiffs said or al
logged drama play has been greatly in anywise by
said publication injured to the damage of $40 900 or in
any whatsoever; that the plaintiff is entitled to
demand judgment against this defendant for that for
any other sum by of anything in his aforesaid
complaint contained.
Secondhand for further separate and distinct de-
fence this action this defendant rcerating his
eral admissions or dcnials as aforesaid alleges and
states as of justification Of the publication
planned Of that it is true that this defendant in the in
terest OF every respectable manager in the United
States well the interest of the dramatic ltera
of the country resolved to pursue and extcrnnae
all impudent pirates and audacious thieves who prowl
around the pureus of the drama to seize upon every
success and that it is true that at the date of said pub
LEGATION and for long time heretofore the plaintiff
was and had bcen as defendant was informed and be-
cved and charges OF the impudent pirates who
referred said publication being OF the class
of pirates who prow around the pureus of the drama
upon every success; and that IL then and
there that the plaintiff guilty of the manifest
mposture by ntesting, he did incst, the of
Mr. Joseph Jefferson in his porraiture of Rip Van
Wnkle in the dramatic representation of the drama
whereof said Joseph Jefferson was as aforesaid propr
clor.
this second and separate defence that many years
prior TO the of said publication by this defendant he
had composed at the request and to the order Of said
Joseph Jefferson, who then and now Is world
nowned comedian, drama by the name OF 'Rip Van
Wnkle" portions of the plot Of which partially
suggested by story Of that by Washington Irving;
but that the said drama written by this defendant at
the request OF and sold to said Joseph Jefferson con-
tanned much dialogue many incidents of plot and large
variety what is known stage business stage stua-
lions and stage effects which entirely original with
this defendant and born of his experience
dramast and actor and that nearly all OF his creations
and original additions described aforesaid prated
according phrase and word well recognized in the law
of literature and newspapers, and synonymous with
plagarisml and impudently piraed as well as also
were audaciousy thievcd by the plaintiff, for the per-
pose of embodying them in and using them las he did
embody and them) in drama OF the same name TO
wit, Grip Van Wrinkle" " and of which drama contain
ing such original dialogue incidents OF plot stage bus
ness effects and situations by the defendant mado the
plaintiff claimed TO be the author and composer and
caused to be acted and performed in various minor
places OF the United States, and being the drama
toned In his behalf by plaintiff in his complaint and
that tho plaintiff thereby guilty of impudenty
piratng and plagiarizing, and audacously thevng in
the way OF literary thcit and phrase wei known In
the lexicon OF literature, and was therefore, truly guilty
OF the acts expressed and implied in said publication,
and whereof plaintiff complains as libellous
And the defendant AYERS and states, further in such
behalf that the matter last aforesaid distinctly
braces cOmprehends and signifies the impudcnt pratng
and audacous thieving and proving and selling
success and nestng the OF Mr.. Joseph Jefferson
which, as charges Of fact, intended by this de-
fcndant TO be conveyed In and conveyed by the
latter part OF the letter sot up in the complaint adj
dressed the editor of the HERALD and referring to
said plaintiff and this defendant ustihes the same as
true.
wherefore defendant prays that the complaint herein
be dismissed with costs and disbursements Of action
SUMMARY OF LAW CASES.