The New York herald., 1877-08-28
THEATRICAL IRiBULATIONS.

THE Play OF POOR Jo-MR. DE BoNAY AGAIN
APPEALS TO THE COURTS.
On the 25th OF July Mr. J. Francis Gibbons was re-
tained by Mr. John Dc Bouay, the comedian, TO CON-
mence proceedings against Miss Mary Cary for dam
ages In performing the play OF "Po Jo," Mr. De
Bonay alleging that he had purchased the right to per-
form this from the author, Mr. Ben Wooli, Of the
Saturday Eresing Gdsete. Of Boston. Mr.. De Bonay
based his title to the play upon written agreement
signed by Mr.. woolf, and dated December 2S 1876.
Accordingly Mr. Gibbons served upon Miss Cary, at
Wallack's Theatre, q summons and complaint for
which the counsel has received sworn
answer from defendants attorney. Acting un-
der special instructions from Mr.. De Bonay
Mt. Gibbons has not, as Is usual in such
cases. followed the summons and complaint by
an njuncuou ORDER Mr.. Do Bonay not wanting 10
appear inclined persecute Miss Cary, she beng III
ali probability innocent OF any wrong done us IS
Nr. De Bonay There was only served on her the
summons and complaint, because she Is wthn the
reach oil our courts while the author, Mr.. Woof is
not, Since the commencement OF these proceedings
Mr.. De Bonay has been made the object oI number
Of newspaper attacks, but at the solicitation OF his
counsel he rcirained from paying any attention TO
those criticisms until they eliminated in letter pub
lshed August 25th in tho Dramatic Neus OF which Mr.
G. A. Byrue is editor, and OF which MIR. Joshua HART
manager o the Eagle Theatre, is the alleged proprie-
tor. The following Is tue letter.
MR.. DE BoNAY RISES TO EXPLAIN.
new york aug 10 1877
dear cir you have spite agnst me tor In paper
You SPEAK about pating eujunkton against mis-
Marry for payn joee and that 70.
TO deponey ie me heere tel sourh tina bought
the poace of Mr. benj min vol In boston
aount think 1t write for him sci any
play oein that bot the pece OF po joe OF mr. wolfe
calculated to play the AT passtefs nut my
baker In brokn weakened and wascnt abpie TO play
ought there has oinn Good ea Of talk about
OF late but kan state pade hole sezin at mr. jorge
to his sAtssfackshun ana had my Just
be plain of the brodeway thcters
| think kan out live avail pregndis that may be put
abou2it hoping will let the profession uss
tele about tha mater am yours john debOney shall
git por joee the shines ps sna
"A brodway thetre long In my tanus Of
romeo and julette Yours truly john deboney.
The counsel Tor Mr. De BOnay clam that this bur
lesque letter. beiug placed us II was IN regular
respondeuce column u tue paper and ABOVE genuine
lctter from Mr.. Alexander Henderson to the editor
oeruing Mr. Bouccaults plays, wns calculated 10 lead
managers OF theatres and other readers o that paper
suppose that Mr.. De B0uay was really unrducated
and consequently totally untitled 10 appear IN The
plays winch actors OF his repue are supposed 10 bt
cast Mr.. ID. Bonays counsel, tuKing The ctter IN
connection with various articles OF similar character
concluded tha; Effort beng made 10 create
pteJud ceI opuion regarding the abilities and
city oi 81 De Bonay scholar and actor and ha
brougn suit against Mcssrs. Byrue AMI Hart in The
Supreme Court laying damages at 500 o.