The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-14
The Case Of Dion BOucicault
vs.. josh Hart.
ARGUMENT OF COUNSEL
The Main Points on Both
Sides COntrasted.
WHO IS THE PLAG1AR1sT ?
An Interesting Scene in the
Court Room.

Promptly at eleven O'Clock yesterday morning
Judge Woodruff took his seat on the bench OF the
United States District Court No. q Chambers
street. An unusually large attendance was present
the OCCASION the second rehearsal Of the dramatic
suit OF Boucicault vs. Hart or "Shaughraun" Va.
''5kibbeeah.n Great and unusual interest attaches
u the case, principally from general desire TO
have the authorship OF the popular drama, entitled
the "Shaughraun," supported with such favor for
20 long time, once forever decided, and also to
have the mooted question or the right OF copyright
to dramatic representations passed upon by the
Court The latter consideration is, OF course, the
prevailing one among the dramatic profession,
some prominent members Of which, at present
in the city, presented themselves In
court yesterday. The knights of the
sock and busktn lose their brinancy
when they wash OF their paint and drop their
glitter with their spangles, and when they appear
IN real court. before . real judge, they look as
matter OF fact as other people. Some OF the
Thesplans however, were somewhat loudly At.
tired and chung to the traditional black velvet
jackets, blue ties and lavender-tinted gloves.
which appears TO be Desetting weakness Of va
Ilety actors.
During the proceedings considerable sparring
took place between the silver-tongued Counsellor
OGorman and the vivacious little Purdy, with his
appeared to be disconnected at nothing that his
learned brethren in the law could aliege against
his arguments. Mr.. O'Gorman took o philan-
thPOpic view OF the and stated that 1t was an
important question Of protection for the literary
ana artistic world and cited several English cases
bearing upon the ISSUE
Mr.. Boucicault was present at the commence
mens OF the proceedings, but left in company with
Mr.. Montague to take part In the matinee per-
torrance OF the "Shaughraun." Ris interests
were carefully watched by Manager Palmer. who
sat near Counsellor O'Gorman. Mr.. Wright, Of
Wsnack's, was also In attendance. At the law.
yers' table Mr.. Josh Hart was seen, porty and
pleasant looking, and apparently fearing NO Ill.
Manager. John Dun. lessee OF the olympic Theatre,
and Mr.. John Poole, the author Of the burlesque
.'Snock-raun'' were also among the audience.
Mr. Bliss, United States District Attorney, dropped
IN 1t about halpast two to listen to the proceed
augs Mr.. Stout, Stage Manager Of the Theatre
Comique, was an attentive listener to all that
transpred, likewise Mr.. r. M. Carroll.
It was quite apparent, from the deep interest
manifested by these gentlemen in the proceed
ings, that beneath the suit under consideration
the feeling was that the decision to be reached
would settle question that has long been in
allegiance and doubt.
The faces OF these theatrical gentlemen formed
head and almost feminine features, contrasted
strongly with the rotund head OF Harry Palmer,
who, In huge and comfortable overcoat, caressed
his auburn mustache and seemed quite contented
with himself aud all the world beside. Mr.. Bouci.
cault watched the course OF the legal argu.
ment with interest and deep attention, though
Il was di11cult to believe that he could
10 readily assume the character OF bar
Tister on the stage. Looking at the author
OF the ':Shaughraun" as he sat there by the coun-
sells table just behind the portly and imposing
O'Gorman, the old theatre goer failed 20 hnd q
trace OF the willy barrister who once defended
Hnhe Deans, ct the Olympic Theatre, 80 many
nights, IN years gone by. Then Dion was the GEN.
tral ngure or an exciting and absorbing scene !;
now he sat quiet and almost hidden In the group
around HIM. Looking back to that old stage trial
the eye missed yesterday the glowing color that
attended ancient trials. There was no scarlet
livery for the crier indeed, there seemed to be no
crier at all In the United States Court unless It
was queer looking old man, who Sat In o corner
apparently, forgotten. The Judge wore no
wig nor did Mr.. O'Gorman have Rown. The talk
was legal and dry enough, but tina eye
found NO relief In this federal COURT OF
she Republic any future dramatist
'&hould seek to place the scene on the stage he
would find that the costumer and property man
COulO duOEu ulu uO dSsAotouCos VI w SVht. Ouu
was very wise looking, though he perhaps did not
take In all the bearings Of the case, as did the
aathor-actor, jet ne was central figure, quite
aldermanic in solldlty rotundity, only needing
the scarlet gown and huge gold chain to make
aim q worthy representative Of ancient Guildhall.
HIS manager and dramatist, Mr. Poole, was more
preaching matinee at his theatre, and wondering
II the people were on hand ana getting ready for
their several parts Though he listened 10 the ar
and hta mind
the midst OF the parapnernalta OF scenery and gas
jets The scratching OF adde's and .ne orsy:ng Of
technical legal verbiage thrown SO unrelentingly
st the Judge;
yellow covered book, for reference. entitled katy
O'Donohue," by Charles Lever, and at the back OF
bag, Which had disGorged . dozen or 10 OF law
books. When the case was closed Manager Palmer
wed hts large blue silk scarf around his neck while
talking to counsellor O'Gorman, who told Mr..
Bouclcault that all looked very encouraging.
In the course oil the proceedings MIR. 0Gorman,
tied by his client to state that II any one could
prove that the ''Shaughraunn was taken rom any
any respect other than his sole production' he
would pay 70 mat party $1,000
dence, was the FIRST called on.
Mr.. OGorman at once rose and addressing the
Court, said he had now TO ofrer manuscripts copy
of Jne play OF the ''Shaughraun,"t 70 be subject to
the order OF the Court, according to notice served
70 that effect by the other side.
Mr.. Purry objected to It's reception.
The Court overruled the objection and admit
ted the manuscripts OF the play IN evidence as or
dercd. >
Mr.. O'Gorman then offered IN evidence the am.
davit Of Mr.. Bouclcault and his record OF citzen-
ship.
the Court said It was unnecessary unless the
otner side raised the question. The Court then
directed Mr.. O'Gorman to proceed with his argu-
ment.
Err O'GoRNAN's ARGUMENT.
Mr.. O'Gorman-Your Honor has suggested the
necessity OF being brief on the presentation OF this
case, and shall endeavor TO connne my remarks
IN as short possible space as may be consistent
with my duty to my client. Now, Your Honor, the
Following Internationally appear In the aff1davt
as IL now stands OF Mr.. BOucicault that he is a.
Citizen OF the United states and resident OF this
city that ON October 70, 1874 he mailed to the
librarian Of Congress- g printed copy OF the
ON the Ath Of November, 1874, this play
Of the .s'nsugnrann" was nrst presented
~ Wallack's Theatre to parties producing tickets
20 witness the same. the play mad been In re.
hearsal for about four weeks previous that 14th
cl November. which would bring 1t back
TO about the 10th of OCfohar 1874 which