New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-02-10
THE COURTS.


OF THE 3" sHAUGHRAUx '-siR. BuUCICAULr AC-
cusrp OF FALSE PRETESsEs or oE1GrNAIIrY
| The United States Circuit Court was the
SCENE Yesterday OF tho use Of more sharp languaga
than has been INDUCED by counsel In that court since
rhe acrimonious Erie litigation before Jucge Biatc"rorh
The occasion argument on motion 10 pos'pono
argunen on the order requiring Mr. Hart he ProplS'vr
OF the Theater Comique 10 show cause WI Ae snofu
not re perpetualy restrained from Infringing Diou
Boucicault's copyright OF he play entitled The shaugh
BY putting on tho stare OF his theater play called
! skibbeeah.D Incorporation Counsel OGorman ap-
peared for Mr.. Boueeau ana ASSISTANT bhieu o'"'''
District ttorneys Purdy and Post. aided W exJuuso
Blsteed, represented Mr. Hart. Proceedings were
opened bv Mr. Purdy. VINO moved TO postpone argument
on the the ground that lac mad not had time 70
fully prepare himself THE more investigate this
matter % said Mr. Purdy the 1 am con-
WINGED that Mr.. Hart has perfect defense
against the charge of infringement. In order 10 pre-
pare the afidavits which are now ready, ha'e.Oesn
Obliged 20 read tho first volume OF HalPs History Oh
Ireland we'll several plays in manuscript ana Dc
fore can provide other necessary alldavts' small
have to read great many more plays Moreover We
furnished with copy OF Mr. BouclcaniIs
'Shaughrauu. aud. as are informed, there 10 no
copy Of 10 file with the Librarian Of Congress-
In replytnv TO Mr. Purdy Mr.. o'Gorman extended TO
him his unalloyed COMMUNICATION" for oeing IOrced
to do so much reading, and especially for having 70
read any part OF Halls History OF Ireland " am
going to handle this subject without Gloves said Mr.
oGorman ne order to show cause was served on Feb
and there is therefore good reason for further
delay The defendant has prated our play, and he
stands in the position Of o thief, robber and pick
pocket. II, then, he wants an adiournment, let hm
drop the plumber; and If an adjournment Is 70 oe
allowed want al Interim injunction restraining
Hart from continuing the skobeeah on his stage"
Mr. o'Gorman had hardly taken his seat wien Mr..
IN his
what Mr. Purdy had said, aud turning toward Mr.
OGorman and Mr.. Boucicau and savagely shaking his
fist at Them he said: Thou that sayest THOU snai'
mot steal, don't thou steal" He then accused Mr..
Boucicaut OF PLAGIARISM, and said that he had stolen
The shaughraun T" from q play performed IN LONDON
four years ago. He next catered into sarcastic
eulogy of Mr. O'Gorman's learning and eloquence lie
had spoken but few minutes upon those subjects When
Judge Woodruff interrupted him with, do you not
think you better con1e yourself to the matter
before the Court and not waste time y
"Ithink So" said Mr.. Busteed. am obliged to the
Conrt for ts suggestions" said Mr.. 0'Gorman. You
should be-" rejOined Mr. Buteed. I" for the Court haS
spared you many bushes"
After few more complimentary remarks by the coun
seI Iudge Woodruff asked IL the "skbbeeah" still
ON the stage OF Mr. Harris heater. Before being III
formed that it was, he said that he would grant an
| adjournment, and issue an injunction restrain
| ing the performance Of the "Skibbeeah" pend
ing the litigation. Mr. Purdy replied that they would
| On an rather than submit to temporary inunc
ton and Mr.. OGOrman read the Dill in equity III the
case tine substance which has been published In The
TRIBUNE 1t alleges that the play Of " Skibbeeah" Is
! servtle imitation Of "Tae Shaughraun." mr. Post
followed 10y reading Mr. Harris affidavit aud the aida
VII of his manager George L. Stout. The substance OF
| the aIldavits is as follows;
In November 1874 Mr.. Stout found at Freneh's Ora.
matte Publishing House In Nassaust. drama entitled
/ "Pyke OCallagban, The Irish Patriot" written oy
wyoer Reeve THIS drama; as S PeiFs Te Te Si
Lond"n England Feb T. 1870 over four years before
raun. In writing the sibbeeah" Mr. Stout relied for
construction, plot and Characters upon Eye oal,
Iaglian." When he had flushed "skibOeeah, ne read
If TO Mr. Hart who him If he had not infringed
| Mr.. BouccaulPs copyright or the play OF Inc
few dave afterward he witnessed for the rst time the
| performance OF The ehaughraun," at WallaeSs,
and discovered very striking elInllarity between
it. and PIKE OCallaghan" The afdavits admit that,
III many instances, the. language. cearacters' aud
Theso IN The SAaughraun and charges that the same
identity exists between that play ana the dFama vi
In other words. defense in this case Is that Mr.
S3csa man and that having done so,
the performance OF play taken rom the same
At the close OF reading of the adavits the posi-
lions the question Of an adjourn ment were very
aidayts copies Of which lad not been served on the
defcndants counsel Mr. Purdy objected on the ground
That he mad been informed respecting their con-
tents Judge Woodruff sustained the objection, and Mr.
o,Gorman then proposed 90 ON without realing the
! aIidayits referred to- The Judge asked, Has not
! the defendant met your objections 70 ms
pIayi Has he nos shown cause why ne should
! not be euioiuedi" Mr. OGOTman met the Judges
question 0y askiL for adlournment Tor the purpose
| OF producing additional atiidavlts. In opposing any
adiournment Mr. Busteed said: The gentleman seeing
that hi, bill IS about TO fall now wants AN aGJOurnment
In order to get time 70 bolster himself up by additional
aldavIts; aud that too after having bitterly opposed
AM adjournment part. He calls US pirate thle
rObber, piclpOcket, and he now wants time 70 prove
| that he himself s not just what he called us"
| Al this point Mr. PurdY, lnterruptlnR MI Busteed,
said that though Hart had been greatly abused lie
waa. willing return good for evil" and give Mr..
Bouccaut all the he desired to prove that ne had
nor stolen The haughraun." After some further dis
| cussiOn Judge Woodruff allowed Mr.. OGOrman until
Saturday TO produce additional afdavlts, with the
Droplse that they served the defendant by II IN
| to-day.
Mr. Bouccault stated TO TRIBUNE reporter that he
never saw the play entitled "Pyke O'Calaghan" ana
| that he did not know anything about 1t.
! THE SUIT AGAINST THE BROADWAY BANK.
| A MOTION FOR BILL OF PARTICULARS IN THE SUIT
FOR OVER S6,0OO,OOO-THE QUESTION INVOLVED