New-York tribune., 1885-07-21
THE MIKADO IN COURT.
PERFORMED IN SPITE OF AN INJUNCTION.
SYDNEY RosENFELD's TRIcK-A PRODUCTION IN
BpOOKLYN.

Tended in tho case and defeated, but thc
operetta given nevertheless. though nomnaly
under tie management OF a man to whom hoseh-
field sub-let the thsatre 1t was also given In
Brooklyn at tho Grand Opera House. Un-
doubtedly q great deal OF litigation Will now
from yesterdays doings. and the operctta will be
sufficiently we'll advertised to insure Its Simultaneous
success In half dozen houses In the city. The per
formance at the Union Square Theatre was given
by the company which Mr.. Rosenfeld has announceu
under engagement to him. and by whose aid he pro
duced the operetta In Chicago two weeks ago last night
The heading was torn OF tie programme, now
ever. that his name did not appear
as manager. There was nothing to Indicate VINO
be held responsible for the performance whcn
moreover was crude and reflected so little OF tne
spirit Of the work that in spite OF the iact 'na'
afforded good deal Of amusement 1t would 10 UNFAIR
base upon it any criticism Of the work OF Mr. Gilbert
and Sir Arthur Sullivan The personages were repre-
sented az follows:
NanSi nfeco fco his Sl .on disguised as wan
dsring minstrel, and In love with ,,u,.,r.
xoka Ss1s io1s nr High E1scutonor T3,pq n.s
rooh.san, Lord High Everything Ess, ,.,n.,, .r,,.r
Pish.Tush, Noble Lord Mr George Il. Brodorck.
ss:'' &:. Sss:I
Kaiss Lady n love rn with Mabel. Baker
Mr.. Rosenfed appeared In the Federal Building III the
afternoon duly nankod and guarded by Lawyer Hummel
aud his partner Messrs. Gilbert Sullivan ana carte
had proxies in the guise OF Alexander b. Brown, OF
Boston, and Joseph II. Choate. John stetson was an
interested spectator, and so were Mr. Rosenfeds
leader and several members OF his company
MI Hummel first asserted that there vas nothing In the
bill Of complaint to show DOyley Catss status IN
Mr. Tracy had the sns in Enspa %s Ana
derei to declare had been assigned TO Mr. Brown
s s adj tesn nsr' hS S waved the
vocal above his head and proclaimed tba tne en-
tire play from beginning to end had been sod ana pup
Mr.. Choaie-Nothing but the words
Mr.. Hummcl-What is your claim -,
Mr. Cloate-I can't state 1t plainly than in the
bill.
Mr. Humme insisted that there could be no such thing
as the copyright OF this vocal Tho piano player
Tracy had simply Transcribed Sir Arthurs music and
had no right copyright It, Tracy was mere mechanic
Mr. Choate-You will lind in the bill that he composed
the pano-score accompaniment
Mr.. Humms-The airs
Mr.. Cboate-No.
Mr. Hummel sure Mr.. Rosenfeld was using
a totally different accompaniment from Mr..
Tracys indeed, he would produce wit
nesse. who had fresh from the
Union Square Theatre who had listened critically TO the
orchestra and they would swear that tho acconpani-
stars was at least not Mr. Traey's vocal score Mr..
looked to believe thisye he shook his head
Judge wheeler-How much of the work has been pub
MIR Hummel GntenseIy)-Everyt thing from the ringing
up of the curtain to the fall OF II ut the end.
Mr. Brown then mildly Informed the court that since
morning Tracy himself had been at the theatre and
he had instantly and persistently recognized his ewn
offspring
Then Mr. Choate looked at Mr. Hummel sideways. Mr..
Brown declared that Sir Arthur had sought TO protec:
the right OF producing " The Mikako" that only
tho piano.forte book had been published
and that had been copyrighted by Mr.. Tracy.
Mr. Huinme that this only pano-forts
arrangement of the opera and that Mr. Rosenfeld was
going to produce nothing interfere In the rights
Gilbert and Sullivan or OF Mr. Carte.
Mr. ChoateIn that casc injunction protecting our
rights cannot harm you
Mr. Hummel looked suspicious OF Mr. Choate and de-
cared that Gilbert and Sullivan were foreigners and
had no rights In this court; they Had forfeited their
rights by their London publication
Judge wheeer-Tne fact that they as foreigners
publish what their does not cut them on from
their rght. A. the case now n,S presents s i.e:
on their rights to givo the performance tonight
Mr. minors face fell Mr.. Roscnfcld walked ncr- |
vously about Mr. Humme tried TO save the remnantby
Offering to give indemnity bond. He failed in that
Then he wanted to know just what Mr. Rosenfeld was
enjoned from producing but the only answer ne eoud
get was " The Mikado."
Mr. Brown-Produce any part OF 1t and you run your
risk OF contempt You may do one thing-read the
libretio to the pubic.
Mr. Hummel then wanted TO compel Gilbert and Sull
van 10 give q bond for possible damages TO
Mr.. Rosenfeld through the injunction Judge
Wheeler thought the authors had somo common law
rights he would h0weverallo Mr. Hummsi TO present
his case before Judge Brown August II Mr.. Hum
mel were hurry, he could go TO Brateboro, VI, ON
Thursday and plead for ar Rosenfed before Judge
Wheeler An order entered cnioning Mr. Rosenfeld
from producing Tho Mikado" until the |
matter should be settled In court.
The next scene in tho comedy was
enacted I'm the evening at tho Union |
Square Theatre, the entrance to which was early |
throngcd by so large crowd that special policemen
were necessary preserve order Inside the scene wa,
most animated. conspuous figure was Edward J.
srs In ss ws % hat ana was the OF
eager eyes but vas whispered sTo1nd tnaI ne ~ Was
Mr. Abrahams exhibited scrap OF paper on which
the words:
For value received subet the Union Square Theatre
to T. Abranams for the week OF July 20. for tho pro
ducton OF birtesque onfy eiDNEf iostSihLD
accept the above terms
Mr. Abrabams said In explanations: Iknow nothing OF
any Injunction have rented the theatre. AM BRO
ducing The Mkado.' That s all can say
Did you make this agreement before after the In
junction was grantedf he was asked by TRIBUNE
reporter
"Oh" said he. ~ really don't rcmcmter II Ia too
hot to talk about that"
Mr. Rosenfed. who was running here andsthere said:
had intended appear night and give lecture OF
fifteen minutes; Roland Reed was to slnga song, and
NO were Alice Harrison and Belle Archer ! have given
Injunction Then Mr. Abrsbains came to mo and said:
You boen at great expense In THIS matter ana
have In ssted IN money viii take ths Whole thing
of your hands, and 80 he did, and We drew ny tho
agreement I banned over tho theatre to him. What
ever he produces Is Vt his own rsk.
John Stetson. who seen at tho Hoffman House ex
pressed his Indignation Ovsr the matter and added:
would not 10 In the boots Of Shook X Collier for
$4,000" |
have no responsibility In tnis matter and know
nothing about IT, lot the theatre to Mr. K0senfeld and
I have no means of knowing what he has done"
There were rmors that United States Marshals were
ON hand and that they would arrest Messs Coollicr
osenfcld and Abralans at the end Of the first act; but
this was not TO help establish Mr. hosenilds re-
sponslbility for the production OF "The Mkado the
TONS of ali The announcing the work IA PRO