The New York herald., 1876-12-13
DION B0UCICAULT.
He Is Sued for a Transaction OF
Seventeen Years Ago.
WHAT HE DID WITH "YHE OCTOROoN!p
His Curious Examination Yesterday at the
Superior Court Chambers

tnc cold and cr-ary prose OF Tho superior Court,
Chambers. lie vas examined preliminary to tho trial
OF the aeion brought against hi by George Roberts,
on a matter witch mast have taxed his memory
ously Tor i deals with transaction Of seventeen
years ago. Mr. Roberts who Is a white haired, mild
spoken old man, claims that Mr. Borc.cault, In 1862
sold to HIM Tor $1,000 tho exclusive right TO play
"rhe Octoroon," and that he was injured 10 tho
OF aoou, SIS coo by tac license which Bouccauh
gave the actor wheaticsh to perform the play 1860
10 San Francisco. The reasoning which the
action proceeds is this:-Had Wbeatlci.h not per-
formed The play San Francisco Roberts who acted
in tho transaction TOR tho actress, M rs Kimberley,
now his vile, could have performed II there and nado
s25, oc0 out OF it. After tho examination Mr. Roberts
said in the Office OF his attorneys Richard Bustccd
Son, that he thought whca,eieh made that amount
out Of the play in San Francisco, and although Bouc
cault probably only received percentage from tho
receipts, he thought he entitled to recover
$4,000.
How much do you think you recover, Mr..
Robcrts?' the writer asked
Il think about s25 ooo )" he replied, with placid
expression OF confidence, which indicated that
The old gcntemar was in very happy state Of mind.
~ would take $40, 600 II were you," gentleman
present remarked sarcastically.
THE EXAMINATION WENT on
Tho examination began before and lasted until
after two O'Clock The court room vas almost empty.
Round the semicircunr table facing tho Judges Bench
Eat Mr. Bouccault, with his counsel, Mr. Richard
0'Gorman, and Mr. Roberts, with his legal represen-
,a,ivns, Mcss-s Richard Busteed 4 Son. Afew
porters the only other persons present 1t vii
hus be there two Richards in the teld
both valiant knights the OF justice.
Mr. Roberts Richard had the main task Of examining
Mr. Bouccaut His points OF attack appeared to be
principally ihese:-IIe wanted to prove that Mr. Bou-
ceaull had authorized wheaslcgh to perform the play;
that he had >rcccved a percentage OF Wheatlogh's
profits and that Mr. Boucicauli had been SO
much OF tho timc out of the country that
hls plea OF tho Statute of Limitations
not valid because the years spent abroad not
recognized by tho law. Nr Bouccauirs Richard OBJ
lccicd pretty much every question put by Mr. Rob-
erts' Richard, and there legal sparrng,
curing which, however, both gentlemen kept their
temper in tho most delightful way Mr.. Busted has
loud lusty voice, which, ne cracks his jokes, has
the true mrthful ring and no kept up hre OF rail-
ferry and banter with Mr Boucicault which served TO
least slightly relieve tho profound tedium aud dull
ness of the proceedings Tho latter heightened
by the slowness with which Mr. Bustoed wrote out the
examination as he went along. When Ar. O'Gorman
examined his client Mr. Bus,eed would every and
then interrupt him With piteous appeal 10 speak
more slowly, as his pen not propelled by steam
Il was amusing 10 see Mr. Boucicault in his apswo:.
slowly wait Tor evcry scratch OF Mr. Buseed's pen and
then deliberately pronounce word tor word.
BoUcIcAULr LOOKED.
The famous playwright and actor as he appeared in
the court room yesterday was as unlike the ragged
and Enthusiastically garbed Conn as can possibly be
imagined. He has certainly most characteristic
thing strongly knit and lrmly drawn about all tho
features, the clear gray eyes shaded by the heavy
black eyebrows theaInihnc, tine nose; the littlc
mouth with the Tiny dark mustache; the smooth
relreatng chin, and the strongJaw
Mr.. Boucicault was dressed IN the most simple dark
suit vest butoncd up to his turn down collar
npd the loose knot of lutte black neckte caroessly
Struggling down, and his faithful glasses cooked
securely over The bridge OF his nose. HIS long high
buttonedJup black vest and his black gloves impaired
To him serious EXPRESSION and somehow or other
Mr.. Bouccaul. reminded you more OF solemn priest
than OF gay, vely actor IL was not difficult to tell
that the minaton was an intense bore to him. and
you could him lean his head on his hands or per-
baps, bend IL over his crossed arms IN pensve and
bored attitude; Ana yer nc wou,a ever anu anon IN
or good .natured sally.
THE AGREEMENT
In answer to the question OF Mr.. Busteed, Mr. Bou-
cicault acknowledged that he the defendant that
he personally acquainted with tho pain,iG and
explained the transaction In question follows
"rhe plaintiff representing himself to be the agent Of
actress Miss Kimberley, applied 10 me on his be-
half for limited license to perform my play of The
Uctoroon." / gave the license, excepting certain
sities and places which do not now rccoect, do
rccoilect whether that lice use was simply the PRIV
legc TO az, aud perform tho sole exclusive rgh.
act and perform. 40 not recocct the sum agreed
recollection mat the full amount agreed upon
not paid according to Tho agreement
no distinct recollection whether the agree
meat reduced 10 writing or not, as many OF my
agreements are verbal ones / am under the impress
SION that Miss Kimberley acted ana performed .rne
Oclorooan places after tho expiration OF the
agreed upon, and has no, paid me for such per-
ruzzLiSG QUESTIONS
Here tho plantns counsel showered some obec-
tons upon Mr. Boucicault rs TO portions OF the above
answer
o Had you any personal acquaintance with Miss
q Had you any business transactions with her
In person. A. Never.
recollccL
q Was it not in the city of New York; A. can't
recollcct.
Q Who was present at it, II any one' A. can't
rccollccL
O. For what places was this license TO represent tho
play OF "The octoroon'' grantedg A. have already
answered that cannot recollect.
All these answers Mr.. Boucicaut gave with good
humoreG, dry. caustc tone, which seemed TO say
.'Ths business is seventeen years old How can you
expect me to recollect ngn
printed slip pnrporting TO be copy of The agree
ment from the Cleveland DdHy Herald OF March J.
ls60 shown Mr.. Boucicault but he did identify
it, saying, This printed slip was not composed
written by me similar agreements usually have
been therefore unable to identity IL, and could
sented TO me.'
Now came, of course tho usual beating -abou,-the-
bush queries such as whether he believed il was true
copy, &c., but MI Boucioaut declined 10 commit him.
.sAs have no recollection whatc yer OF the document,
and as IN any may have been altered In some
essential particular II 1t ever did exist, Is impossible
for form any belief since can form no opiuion
Then followed a long string OF questions to the
places for which the license was gyeh to which Mr..
Boucicaut gave tho same dry, caustic answcr-'I
can't recoilecI"
noucrcAufr's ACCOUNTS
Mr. Bustecd then wanted 10 arrive at the extent
of Mr. Boucicauts receipts from ''rhe octoroon,n
and asked him II he kept any accounts OF his business
Mr. Boucicaut promptly replied, II do.n
Q In the year 1859 did you Keep such booksf A.
dd.
q Arc your books OF account for that year stl in
exlsicnceY A. They ara not
q When did they go on. Of existence. and hows
A. About years ago, Aiding vast ulation OF
papers and accounts, found II necessary TO adopt the
practice retaining accounts OF anteccdcnt
10 dates and destroying Older ones
Then followed numerous questions as to whether ho
postivciy knew OF his own knowledge that these ac-
counts we're destroyed, &C. Mr.. Boucicauit kept mis-
tcmpcr very well during this avalanche OF wcarsome