The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-17
THE BOUCICAULT-HART CONTRO-
VERSY.

THE PLAINTIFFS RIGHTS sUsTAINED-MR. BOU-
CIcAULr WILL MAINTAIN THEM.
Judge woodruff took his seat at the usual hour
yesterday morning In the United states District
Court No. q Chambers street, but very few persons
being present. An important case, however, as 1t
after ward appeared, was to be decided, 80 far as
tue ruling OF the Court goes. 1t was the ably
contested case OF Boucicault, OF "Shaughraun"
fame, and Josh HART OF "Skibbeeah" notoriety.
The suit in question was brought by the former to
restrain the latter. his rival, from playing the
'Skibbeeahn on the boards OF the Theatre
Comique, which he claims to be an infringement
OF his copyright as the author OF the "Shaugn-
raun.r The decision was rendered orally
and in very brief terms and IL Is TO the
effect that an order issue for q special
Injunction against the performance OF the third,
sixth, seventh eighth: ninth, tenth, eleventh and
twelfth scenes OF the play OF the ''SRibbeeah" on
condition that the plainriff Mr.. Boucicault, file
bond in $4,000, with two SD ficient sureties, real
estate owners, the conditions OF the bond being
that Mr.. Boucicault shall pay all damages thai
Mr.. Hart may sustain by reason OF the It'll CATION,
and that on the ding or such bond the defendant
be enjolned from performing the several scenes in
his play above enumerated. The decision sur
prises the tigants. but more especially their re.
as to whether Mr.. Boucicault has valid title to
the copyright Of his play has not been passed upon
decision leaves the parties substantially as they
were at the commencement OF the suit.
lows
il is ordered, adjudged and decreed that witt
Complaint herein be issued forthwith out OF this
Court commanding and enJoinng the defendant,
Joshua Hart his agents servants ,s1t and eeMpoyes
tation Of the play called ''skiobeeah." or causing
performed in the Theatre Comique, at No. 5l4
Broadway, In the city OF New York, or elsewhere,
rectiy, concerned In the representation or per-
torrance OF the said play as actor, or manager,
ANU sn,n0a Tim. .aa r fsnaf comqSe os
at any place whatever, or rom causing,
aiding or lnstirating the representation Or per.
or giving away or printing or publishing or CIR
cuiating or causing to be made or sold or given
away or distributed or printed or publishes or cir
culated any copy or copies Of said "skiboeeah'
until the further order or this Court: but nothing
from using for the purpose OF public representa-
ton in any other drama or otherwise the first.
second, fourth and nth scenes now and heretofore
represented by him in said play called the 'Skib-
beeah," as the said scenes are now and have been
aeeo ana IN said Theatre
by complainant 10 be an imitation or pagiary OF
or taken or derived from the compliments dra.
matte composition called the "Shaughraun.n
L. b. WOODRUFF, Circuit Judge.
Mr. BOUCICAULT
his dressing room At Waacs,s Theatre and asked ID
what action Will be taken by him IN regard to en-.
.orcing the injunction. MT. BoucicauIt was jus,
ready for entering on the sCene and could only
soy that he had instructed his counsel to proceed
and that the bond OF 5000 called for
t sed sa e BE nS Suz
trely satisfied with the Judgment, as II
conceded every thing that he had claimed when In
stituttng the suit against Mr.. Hart saying this
| Mr.. Bouccault dropped hts identity, and In few
moments was before the audience in MS famous
| part Of the Shaughraun.
| The reporter next visited Mr.. Hart 81 the Thea
! ire Comique and endeav0rcd to ascertain what
| ne thought o: the result Of the case OF 'Shau9h
| raunn W. sSklbbeeah." Mr.. Hart, however, de-
clined TO say anything. being evidently dtsAD
| pointed by tue decyee Of thu Court