The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-10

license or permission was given by the plainuf,
and H. they do this 1t Will be IN the way OF proong-
lug the case.
Mr.. Busteed-No such claim will be made on
thls motion or IN any stage OF the case. state
distinctly that no such Claim will DE made. neither
on the argument Of the motion nor on the trial OF
| the case.
OF the plaintin.
| Mr.. O'G orman-lf you connne yourselves to your
| rights only there will be no difficulty.
MIR. Busteed-rhat Is exactly W at We VIII do,
ana VIII make you confne yourself to your rights
! Mr.. O'Gorman said they had divided the labor
between them. and that Mr. Busteed would devote
| himself TO proving that there was no arrangement
| OF the plaintiffs PLAY Of the "Shaughraun." Now,
let me call Your Honor's attention IN answer 70
MS aftldavit, which afidavit hold IN my hand. On
Wednesday, the 81 OF February there appeared In
the HERALD and in WllGes Spirit Or me Times q
notice TO managers throughout the United states.
Mr.. Busted OBJ ected.
| The Court-They win have to connect that with
| Mr.. Busteed-Let HIM 60 on. I shall follow.
Mr.. O'Gorman.rake your chance.
Mr.. Busteed-Yes, as this Court Is organized, I
am wiling TO take my chance.
| Mr.. Busreed--What are you reading?
Mr.. O'Gorman-I read from a printed statement
| written by Mr.. Hart. and which appeared IN the
NEW YORK HERALD. tMr. O'Gorman, having read
Now Sir. was wrong in saying that this man
is a lhie.-with the property found on ms person.
occupies here Asking Tor delay TIL he can use
what does not belong 20 h'mY Is not tnas docu.
/
frcm criticism OF his own perio' nance, signed
| py his name-is 1t not complete admission OF
| need make after that? II Your Honor please.
II these gentlemen want delay, II they VIII sull
same as ours. II they want that, is it not time Tor
the Court 10 step IN and say:-Gentemen, II you
the meantime you must NOT use the property you
CONFESS TO have piagiariZed rom the plilnuT? /,
Therefore, asS foar Honor ;hat there snail be an
rights let them sustain them at some future time;
but, In the meantime. let them drop the pocket
Mr.. Busted rose TO reply. He said :-when the
apocrypaal SKY tails we Will surely ny from the
court room to catch apocryphal larks, when are
supposed TO exist IN an apocryphal atmosphere.
When that physical contortlUn OF nature occurs
then may the editorial comments aud the edtoria,
DEGREES ana judgments. We 40 not stand In need
of the sympathy OF my learned friend; IL Is very
evident If we did we would not get It, ire profess
sonal courtesy OF an adjournment for prepare ZION
was asked by myself rom Mr.. O'Gorman on satur-
Obliged TO deny It.. He was, 1t Is true, courteous
in hls denial as courteous IN his denial as ne mas
been refined in the epthets which he hurled
against client. IL Is not for delay IN any sense
that we have made this motion Tor Adjournment.
the land to permit the hollow.nearted compli.
meats OF counsel on the other side as 10 the
professional capacity OF the gentlemen engaged
on this side OF the TO take tie
place OF the calm, tranquil administration OF
Justice that the disposition OF this motion de-
mands. 1t is fortunate ior us. however, and more
fortunate for our client, more fortunate still for
justice ITSELF that THIS gentleman, clamorous
this morning for Justice, snal rave thar Justice
to the fullest extent rom Your Honor. 1t is not
MS clamor but this Court which is 10 determine
whether the laws OF the land upon when this
application is made. and which comes before
Your Honor fortified by lacts which make It Your
All 'ny are I o gifted by euas
vita the learned advocate representing Mr.. Bou-
cicault HIS lame as an orator Is honorably
Enown and as universally admired. he Is dlstin-
puished as an advocate; he has ravished all
lit -rature In order 70 make IFS choicest gems
nIupf hse nyy mar al
Such Is the adversary Your Honor. we have 10
cope with; but our strength is IN the business OF
cause and, there lore that delay we asked from
him and he denied we now ask iro the Court, and
If IN rne wisdom o. the Court we are compelled to
counsel ana submit our case wholly upcn Its
merits. all unprepared as we are or the encounter.
The Court-f counsel goes on at this rate there
Will be TOO much delay III the case.
Mr.. Busteed-We are forced INTO Your Honor's
TOO ss are cSa 70 t
here 70 defend ourselves agains- plagiarism, II any
Ss5s be fa,, SG Sstnss db oacs.u p0ss Sos
Mr. Hart have plagarized IN this case n
there De PLAGIARISM all we have to say to the other
thou stcals That is our answer, ii Your Honor
please. and the only answer we deign to make to
TINS most IN ounded attack On another point OF
this case on our motion have to say that thero
is no suggestion mat we are insoivent or are
dong waat? From making living, which, &C.
cordng to the laws OF the land, we. are ob iEed to
make Tor ourselves as citizens. At whose dtcta-
ton At be dictation o. the plaintiff, Woo claims
what That we are pirates, thieves and picxpock-
etc. We present no such character to Your Honor.
We present a man OF cbaracuer-a character as
b'ameless in private life and pure in all his rela-
tons any man within the sound OF my voice.
Mr.. BuSteed having concluded
The Court-Is this your reply Mr.. Busteed-
The Court-Have you advertised the play Tor to-
night
The Court-raEe an order OF Injunction from to.
Counsel Tor Mr.. Hart then conferred for a single
moment. wnen Mr.. purdy and Bustced both rising.
said, Your Honor, we proceed"
lie decks were once more cleared for the legal
encounter and Mr.. Post opened fire on the part OF
tne defendant, Hart. by reading the aiiidavt OF
the writer OF the "sketcn Of ne oSibneeah," which
emDodes all the material iacts Tor the defence.
GEORGE l.. sToUT's AFFIDAVIT.
Mr.: Stout testi1es;-l avn the stage manager OF
the Theatre Comlque. an actor ana author bv
profession; am the writer OF the dramatic sketch
or play ''Skiobeeah;r have carefully READ the
compliant IN tbs case and the affidavit attached
thereto: during the month OF November, 1874,
whtle preparing dramatic material for use at the
Theatre Comique. and maSing researches for SUCH
material came across printed drama entitled
''l1ke O'Callaghdn or, The Irish Patriot" an
original drama IN TWO acts. ~ Wybert Reeves men,
Der OF the Dramatic AutnOrs' Association TINS
drama. as announced by note on the cover. was
put NOON the stage 81 the Royal Surrey Theatre,
London, England. on SATURDAY February I, 1870.
being over iour years before me Librarian OF Con-
Prcss recorded the copyright OF the "Shaughraun: -
nom thdt cory OF Mr. Reeves play made con-
densaion and adaptation OF 1t iOr the use Of the
Theatre Comique, being at the time utterly ignor.
an, o. the CONSTRUCTION OF the ''Snaughraun,n which
| iad never seen, and knew nothing Whatever OF
II. exHe % by verbal description thereupon wrote
the pay OF the ''~kibbeeah," which dr. Bouccault
now seeks to enjoin as an lnrlnginent upon his
play OF the 'Shanghraun - drew all my plots,
incidents scenes ana construction from the
SAID play Of ''pke O'Callagnan.n changing the
text. all the names, some OF the language and
several OF the situations. nsing instead thereof
sucD names Language and situation as we're suo.
gestcd b. other books 70 winch reerred read
my play 20 sir. Hart. VINO SAID it resembled MIR.
BOuclcaut's "-haughraun,f and he asked
me u nad not nftinged ut; I answered
no; wnen completed oy me at tuat time
II was presented; The scene descriptive Of
an Irish wage was alterward slightly altered ;
after mad completed the play went to Wal
lacks Theatre, ana for The first time saw
the play Of the .shaughraun;' IN many
respects the ''Shaughraun" appeared to be
similar to the "SkbDe aan," but 70 was equally
similar in all those respects to ne PLAYS and books
IRON which the por, characters. stage action.
business and language or "Skippeeahn were
taken; IN the play called the ''skipo eeahn the
characters are escaped FeDian convict, a
perish priest, British officers and soldiers. an IRISH
country squire and magistrate, spy ana hanger
I