The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-10
The Plagiarlsts Of the Drama---Rags
and TatterS.
WHICH IS THE ORIGINAL ?
A Spicy Encounter Between
Opposing Counsel.
FIRST KNOCKDOWN FOR HART

terday morning on the occasion OF the second
meeting between Dion Bouccault, OF Wallacks
Theatre OF the first plrt, author OF the "shaugh.
raun,r and Josh Hart OF the Theatre Comique, o!
the second part, the champion OF "Skiobecah."
The latter piece Mr. Boucicaut claims to be an In
iringement OF his play. This soft impeachment Mr..
Hart denies, and hurs back the charge with de-
Gance most aggravatng IRON the TACT that, while
he fairly Acknowledges that his work Is an adap-
tation ron several plays and noyels-an
o,la podridd OF dramatic gems, in iact-
Mr. Boucicaults is similarly pirated. out
aot with hall the ability shown oy his stage
manager Mr.. Stout in his "SAiobeeah." The
parties were no, accompanied by the principal
characters In the two pleces-their dogs, Tatlers
and Rags-out they were By counsel. Mr.. O'Gor-
man appeared Mr. Boucicault, while eX-Judge
Busteed ana MesSrs a. W. Purdy and Lewis Post
were present for Mr.. Hart. The principals, OF
course were there, Mr.. Boucicaut conspcuous.y
unattended by any OF his professional friends,
whiie Mr.. Hart had a host surrounding him.
Judge woodruff having taken his seat counsel
On Ell her side prepared 10 champion their princl-
pals in true legal style
The case OF Boucicault against Hart having
been called on, DR. Purdy, with the extraordinary
alacrity that belongs 10 him in an encounter with
loeman worthy or his steel. sprang to mis- feet
and opened his argument with motion to ao-
lourn, as they were not prepared
Mr. O'Gorman opposed the motion, and the
Judge settled the matter oy ordering the case to
proceed
Mr.. Busted .hen rose, and. addressing the
court. said 1T is simply Impossible to proceed
with the trial OF this on the hearing OF this
motion. The motion is predlcated on an alleged
infringement OF copyright OF a dramatic repre-
Bentat1on and the planritY his motion says that
II this play, which Is being played at one theatre,
IN leged p!ratical representation, is being
played IN another theatre the part OF the
deendant's motion l need hardly suggest to
four Honor the very complex and difficult ques
hons which arise from an Issue Of this character.
they VIII promptly suggest themselves to Your
Houor's mind, and need no comment from me.
came into the case, associated with Mr. Purdy, on
Saturday last only, and we have not had time to
prepare the p0pers-not ye. formed the ai.ldavits ;
and il they were even form we have not had
time to read them. All we ask Your Honor for Mr.
Hart Is have granted to US such reasonable
time, as to Your Honor's mind may seem just ana
apr pirate Tor preparation by counsel OF aigu-
ment on so I'M ortant motion as ihis.
the Court-When vas the motion set down for
Mr. Busteed-Mr. Purdy Will state 10 Your
Honor
upon us on Tuesday or Wednesday last. i have
my own atildavlr here which Will read to tile
MT Purdy read the AFFIDAVIT
Mr.. Purdy-l Will also produce the andavits OF
Mr. Hart; but here II may be proper 10 state some
thing OF the LABOR OF preparing thus motion. There
are two plays, ''Shaughraunn and ''skiboeeaE,"
the latter pelng claimed 70 De an imitation aud
iuIringcment vi TIE copyright oil the 'Shaugh-
rauD.r In the course OF the argument 1t VIII De
contendea that the "Shaughraunn Is not copy
rignled play, aud that 10 Is not, IN lact suoJect
OF cYpyright, and that no Infringement mas been
committed. our tnird position IS that Mr.. Boucl-
caulr has not brought himself WITHIN the pro-
Visions OF the act ny ms own act. That ouin be
sprelmlnary oblection; bu5 ", we 90 On: submit
to Your Honor mat 1t VIII take a long Time 10 go
over long list OF authorities. | nave myself
examined large number, but nave
not yet got my points sufficiently clear
TO lay them intellsloly before toe Court.
and the reading OF wnlcn would involve an I'M
necessary .w4ste Of lime. We then come 10 the
question, Is the "Skiobeeah" OF Mr.. Hart an IN.
trlngement on Boucicau!t play Of the ''o1augn-
raulP' mat involves examination OF the pays
10 see where the infringement, II III, hes; and
also TO detelm ne whether Ootn plays are original
or both adaptauons from other original plays.
mat would Involve the labor not only OF examIn-
In. The TWO ays out otier avs, rom which We
CAIN they were taken. We, therefore. on the part
o. Mr. Hart, spnly lor an adjournment o. two or
three days; the notion IS not lor oeiay. but Is
made IL good attn ana on Its merits; we;
the labor attending me proper presentation
Of this case 10 Your Honor. The question 20 be
determined Is whe her our play Is plagiarism OF
the other. aud ether the ''Shaughraun," claimed
here TO be Original. IS not Itseif plagiarism,
whcn latter proposition we are prepared TO
prove. Ihat branch u The question Will dcvolye
On Ar. Busted. MIR. Post ana myself VII present
under md vhcn compeis US 10 md<e t1s motion
is due counse! on tic other side, gho have
We a unaDe 10 procure one they charge that
our play is plagiarism OF theirs Uut mat Is TOO
general. All the speclh allegations they charge
we are prepared meet ! have been
compelled, IN the preparation Of ny AM
plays BAYS printed '@a ana in ""G manus G TiSt and
Mrs. Halls history OF lr .landN out with all my
GATES, we nave been, rom tile causes stated, an
able to come prepared to argue tue case ana,
therefore, ouf molipn ioF acJournmenS lor couple
Mr.. O'Gorman opposed the motion. lie said,
trust may De allowed to tender to my lsarpeu
friends on the other s1e my commlsserdtIon tp9t
tAeir clients IN defence oI ms title Is so DIM
cult as to have obliged one counsel o consume he
midnight OIL III one O'CLOCK ~ the morning study
ing MIS- Halls "ListoIy OF lreiaadN ana volumes
without end OF ancient history, ana compelled them
10 that ingenious ulvslOn OF iabor bet@ cen tue III
winch nas Oeen parheticaily described. am
sorry or my learned lfends, but more sorr of their
client. why can they show that tnis thing they
claim Oe thegs IL theirs without all this prepa-
raiiong II MAJ be assumed pFumc Jdc.e, at an
garGed as a very hard I,b. Whatever delay may
Le necessary .O tue ends OF ustlce my ciient IL
not OBJECT TO- out here there Is nc cause Whatever
Tor delIy IN arguing the case. The defendant was
the act OF a pirate. Ihe very instant ne COM
nieuced toe Performance OF mat play ne was notl-
1ed 10 stop a., or Ne SHOULD nave 10 answer Tor IL
10 court Iney were properly notned by
service OF tnese papers ana the aiements
made before Your honor to-day oy two
aDe and eloquent counsel are evidence
OF their thorough preparation en- every possible
point that could be raised ia tBls case. Now. Your
Honor am rot going IN tns case TO deal with 10
wa" HiN'-9 u ttNot wen pv4p pm 'oSViv~t ""'s
LOOK UPON az most serious oneGcc. The deiend-
ant here STANDS precisely IN che position OF
tnIei sensation IN tue COURT, OF pcKpOCket VINO
is followed W n hue ana cry ald drlyen to bay,
aud on whose PEI son Is found tue article stolen.
anu tnen ne tuins rOnnl AMI asks Tor time 70 de-
fend himself. To such as nc wGat should Oe the
answer OF the oilcer OF jusuceg Drop tue pocket
book tnat Is not yours, ana II there should De re-
SIS ance 10 mat. then the answer should be the
CLUB, tue strdiynt JACKET aud tue dungeon undlg-
nant looks rom CounseV. These decided
phrases and am gong 20 prove them ON TINS
motion
M. O'Gorman then proposed TO read extracts
from the NEW YORK uERALD aud OtDer papers de.
scrDiDg the performance Of the "-kIUDceaE."
Mr. bustee1 INTERRUPT Ell. lie cOnteaded that on
tue motion 10 was not proper ~ read newspaper
extracts; n so t1eY 8lOu.d he cOmpeiled to read
all the newspapers, ana they were not prepared
TO 40 into thar question.
Mr.. U'Gurmau--l VIII not press It, What pro-
posed 10 read is WHAT processes TO be the answer
Of tue defendant 10 the letter OF the plaluiin,
when citcr a.aD proposed 90 read. Let Il pass,
however. There is b. technical ll,lcutT "a the
L -. ~ 80.