The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-02
THEATRICAL LIBEL.
Application for the Arrest Of Dion
BOucicault.
THE MOTION DENIED.
Josh Harris Complaint Against
the Dramatist.

Active rehearsals are being made preliminary
TO introducing with proper erect on the legal
stage the libel suit brought by Josh Hart against
Dion Bouccault. The former expects to make
$4,000 while the latter 10 emphatic In the deca-
ration that IL viii be failure. Meantime people
interested In theatrical matters are watching
with keen zest the course OF events The last
phase in tho case-mere preludes to the
forthcoming grand drama-was renewal
yesterday on behalf OF Mr.. Hart OF the
application for an order OF arrest against MI.
Bouccault. This renewal was made before Judge
Donohue, In Supreme Court, Chambers. All that
was done was the submission OF papers in sup
port OF the application. excepting the slight AFTER
piece OF intervening Judge Donohue by one OF
the counsel after denial Of the application.
Mr. HARRIS COMPLAINT.
Firstiu order came the complaint OF NJ. Hart In
which are set forth the grounds OF his suit
against Mr.. Bouccault. The complaint is - fol-
lows
NEW YORK syrs.xa cSvn1nco.nty 2. Nsr yer. .Josh
DnG BY tbs D ,s un p9
name reputation and credit and That he has resided
;sson$ that ne lsh day q FsDfas5y is7S i5s
s be- pnSshe of @ 5 pan
called lie NEw Y9EK llIsALD, published daily
York and having Large sG article
CAUGHT s The
Sts my e fRe
f Ss s 0nns . 1T ne RSd the THE,
r. lns, $spI, e. ,:a S4:s
SAID coz
s p aa said
ss false 's 'ss inc matter
a a. s ramac liz nssa the n the
ns @ hf
hi .ss Sy saSs said fis lie psIa
Wherefore pl:iuiii demaads judgment against the de-
fendant ior c said SUN Q, ssoc and casSs
looA"ooD ro'' ai s brsadSay 'S Saw York
sworn saws he Is the aboye-named plaintT that he
Sa the oG a s saae ane s
except to the matters therein stated on information
and belief and as TO those matters he beeyes i g be
e before S a sn ds ps eoayy
MR.. BoUCIcAULT's RESIDENCE.
Then followed the following afiidavtt Of Mr..
Hart which, alter simply recapitulating the ale
cations OF libel contained In the ABOVE complaint,
treats of Mr.. Boucicault as not having "local
habltatlonn in this country and therefore, liable.
after fulfilling his present engagement at Wal
lacks and succeeding one In Boston, TO place
himself beyond tue jurisdiction oil the Court
City and County of Nep York, Josh Hart the said
plaintiff being duly sworn, First, that he is,
York and engaged IN business said city. and has
besp & y % na that
de,enoant na,cSusy composed published n ana caused
newspaper Called the new York HERALD at the CITY Of
New York in the county and siae Of hsw York sceT,
hbellous matter following. to wit! caught
sepoHsnS Ths judge made hum sysi tup 1ssrs ,s
Of this n and be
sca a,d also s9siain GtSs
ihs asendaat herein, have resolved e pursue ana
ssss'
OF ne drama 70 seize ON every Whereby and
means Of said publication the deponent was gresaty
Anu M Aia sSoq he
verify believes that the de,endan Is only temporarily IN
ae a hs an
s1ass
that he is at present playing theatrical en- en-
s sy Nav YORK saoey play
Ss AD @ 6 5 s
snrer OF WalIacks Theatre, that the defendant was
SGas to a. at
/ 1878 And deponent further says that within lew
verify believes iniormanoR 70 be true that
out n .ss piece 'Ssa'n which nsx 'Hs
eng f he vii un ns soun Fourth the
fs sves that @ofs ron viii
wnsS within me ss Of a
an action against the above named defendant in this
JHxrs FIrcn Notary Paoiic New YORK County
CoRRoBoRATING AFFIDAvITs.
htpd n af00aVfta
touching likewise upon the perlpatetic procliv-
tiles OF Nj. Bouclcauit They explain tnemseiveS:-
1 f N h s one Of he Arm S TSSa
wood Post plaintiffs attorneys herein that on TIE
certain papers application for an order
or s 81 the aSSed tor
Lawrence u learn he result Of the application,
Th nns 40 70 s
seem sufficiently clear TO HIM from The papers that
ss & he va
he would such himself although
he preferred should be made before another Justice
sworn before me, February Is, ls15-HvBERr A. LEE,
Commissioner OF Deeds, New YORK county.
City and County oj Ner York ss;-John II. Deancld.
beng duly sworn says ne residing at No 80 Bowery;
in this action; that said defendant actor and has
10 permanent engagement at any theatre or any
various theatres in the United aud england; that
az tha .ny pia IL INLAND aud IN parts inc
Limited 1ass a nce and
in both couniries; that the vile ana family
as deponent verify believes. the home OF
said defendant is in England; that defendant
Is ut present playing wallacks theatre but depo
nent Informed by public notices In the press and be.
lievcs his at said theatre terminates on or
about April !, 1915, and he Will then leave the city.
county state OF New York. that as dcponent verify
believes The said defendant reside permanently
New York, has home here and nends TO leave The
said and will voluntarily return within the
John DELAFIELD.
ansasos Notary Public New York and Kings
ties.
COUNSEL INTERVIEWING JUDGE pONOHUE.
Alter Judge Donohue mad read the above papers
he said he could not, upon them, grant the ordeI
OF arrest asked Tor. Thus the matter rested until
Judge Don0uue left the court. Mr.. Post, one OF
the counsel, at once hurried alter hun TO get iur
ther posted as to the reasons for denying the ap
pcation.
"On what grounds do you deny the applica
toni" inquired Mr.. Post.
..Up to December the PLAINTIFF Judge Donohue
replied, twas entitled 10 an order oil arrest undel
the code, but IN the Havemeyer case Judge Bar
w,sn Hnf "a r.