New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-09-05
TO PRODUCE "ANsELMAD ON MONDAY.

TO PRODUCE " ANSELMA" ON MONDAY.
BONDS GIVEN FOR MADAME Observation-Disclosures
ING TO sARDoU
An arrangement was effected yesterday by
which the obstacles the production OF Anselma" by
Madame Janisch's Company were removed, and II Will
DO presented next Monday evening at the Madison
Square Theatre Madame Janisch and several members
OF her company, her manager Frank L. Gardner, David
Belasco Leander Richardson, who adapted the play
from sardous Andrea" and John H. Bird. represent
ing the Lyceum Theatre, where another version
ia about TO be produced. were among
present I'm the Superior Court Special Term,
tsrday whore the made behalf Of Mrs Agnes
Ethel Tracy, to continue the injunction restraining
Madame Jansch and those acting with her from
producing the play TO be argued.
General George w. Wngate, her counsel, made state
ent OF the case the Court saying that IN 1871 Mrs
Tracy, then "a rising young actress known AS Agnes
Ethel engaged yictonen sardou, in Paris. to write Tie
play for her. BY the terms OF the contract
she was to have the right to translate
and play It In America and Australia
where It to be forever her sole property and she
paid him $4,000 when she received the manuscript.
She studied under Sardou's instruction lie reserved
to himself tho right to play 1t in France and other
European countries this could not be done until
three mo tbs after had produced IL America. In
September 1872, presented the play at the Union
Square Theatre emitting It Agnes" 1t produced
in France as Andrea" Miss Ethel presented II in
Boston, Philadelphia ana Buitho. making nearly
$4,000
Ex-Judge A. J. Dlttenhoefer, representing Madame
Janisch, outlined the defence, and asked
for an adjournment OF the argument.
esentatiOn the stage he said not dedica-
ton 10 the public To constitute this there must be
publishing the world by the Certain points he
conceded There doubt that Agnes Ethel entered
into with SardOu, ia accordance with
which he wrote the play entitled Agnes" which
first called Arnbella" One OF the questions In this
case was; What rights did Agnes Ethel acquire 10
that playl" IL set forth IA tho contract that ~
sardOu agreed TO write new play ia four acts
10 be adapted to the abilities OF Miss Ethel.
and she to have the right To 10 20 he trans
America and Australia, where the play to be her
exclusive property Was this simply exclusive license
translate and play to be played in America
and Australia, II absolute sale OF the thing t.
self III II license only, the title renamed In
Sardou II IL absolute sale, he had no further
right to II no had property IN IL his publications was
lawful publication and dedication to the public which
Madame yansch the right TO produce IT, His c0nte-
ton would be that Sardou Agnes Ethel license and
nothing else and that the play remained his property
IL admitted on the other side that tho play was
published In 1878 and there nine editions or H. and
the paln knew this aud yet took steps TO prevent
Its publication. He contended that there had been nu
acquescence by Miss Ethel that acted estoppe In
equity Madame Janseh had expended $4,000 for cos
tunes large sums for scenery aud appointments and en-
gagged large company, and at the eleventh hour tho
plaintiff came and said she should not perform
tho play She had acted In perfect good faith In tue
matter and should DO protested He askad TOR IN adj