The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-09-30
witness-sometimes more, sometimes
RRIANT H WELLS

I less.
BRIANT H. WELLS.
An affidavit by Brianr H Wells was
then read which set forth that the de-
fendant was in New York about De-
cember "a last where he saw 'Charley's
Aunt, presented by one of Frohman's
companies. On September 5, of this
year. at the Lyceum theatre, he saw
the same play produced by the defend
ant Under the title Of college Chums."
The Two plays were Identical in all par
lcular features except as TO title and
wherever the words "Charley's Aunt"
/ occurred in the play represented in
New York the words Dicks cousins
were substituted in the play here. These
were the only differences discoverable
IN the two plays.
A. H. WOODRUFF.
Asael II. Woodruff stated that he was
IN New York on January Is of this
year and at, he believed, the Broad
way theatre. saw the play "Charley's
Aunt presented by Charles Frohmans
company. He also saw college
Chunls at the Lyceum theatre in this
city on September 5. The two plays
were identical as far as he could deter
inine with the exception that the char
acter known as Charley's aunt as pre-
sented IN New York, was here slIbsti-
tuted by Dicks cousin. The ''situa-
lions and incidents throughout the
/ play We're the same-even to four bot
Ties OF champagne" which stood upon
the table and which one of the charac-
tiers slowed away in a valise. Oaugh-
ter.)
Cross-examined by Judge Dey-"Are
you professional or an amateur ac-
tor?''
Neither one nor other"
How many acts are there in Char
/ Iey's Aunt" as You saw it in New
Witness said there were three, and
the play lasted two hours. Eigth or
! ten performers appeared in "Charley's
Aunt" He went to other theatres while
IN New York. and among other pieces
saw the Texas Steer
Did they have any bottles of wine
in the Texas Steer?'
No ] think they had some whisky
in that
c. C. WARWICK.
! G. G. Warwick said that in Omaha.
Neh-, in the winter of 1884, he saw a
portion of 'Charley's Aunt" PLAYED by
Charles Frohman's stock company.
Early in September he also saw a part
of college Chums" at the Lyceun.
there was some similarity between
the two pieces, but he could not say to
what extent. He observed, however.
lliat whereas the WORDS Clalie! > aunt
were used by Frohman's company,
Dicks cousin were employed here.
Judge Dey-You cannot say these
plays are the same and IDENTICAL?
/ Witness-No. sir. ! cannot, but they
are TO the best Of my judgment, so far
as l saw.
ALBERT S. HORN
testified that he had seen "Charley's
Aunt played in New York and college
i Chums" here, and that they were prac-
tically the same play.
Judge Dey asked the witness to re-
peat certain passages from the petit
coat scene" in the play Charley
Aunt, but witness was unable TO do 50.
i Did YOU see it played more than
on ..So.~
BY Mr. Critchlow-Can you state the
plot of the New York play?
Yes. ! can"
THE AFFIDAVITS.
Here Attorney Critchlow put in the
affidavit of Walter Brandon Thomas,
of AZ Cadogan terrace, London, stating
that he was the author of the play
"Charley's Aunt and had it duly copy
righted"
An affidavit from Charles Frohman
was also read, stating that he had pur-
= Nt4N'H-lN Ai41 3-5AA VI ltp4 CStilLdtibu VI
that play in America from the author
for three years from May %, 1893
BARLOW FERGUSON
testified that prior to the commence
ment OF these proceedings he had gone
to Mr.. O'Malley and told him he was
pirating the play "Charley's Aunt" to
which O'Maley replied that if he was
he was doing it in ignorance; that he
IA i
added: If you viii get a copy of the
manuscript Of 'Charley's Aunt and
compare it with the manuscript of Col
lege Chuns,' if they are similar 1 viii
stop playing The latter"
Cross-eXamined by Judge Dey-Did
You not think that was a very fair
/. proposition on the part of O'MaIley2
: We'll, ] didn't have the manuscript
and ] couldn't get it then, but / told
OMalley. he was pirating Charley's