The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-03-05
AFFAIRS OF THE THEATRE.
a TEST CASE UNDER THE LAW TO
PUNISH Play PIRATES.

Louis Robbie indicted on the Complaint OF Kiaw
& Erinnger-Minnie Maddern Fiske's Re-
msrksbio Acting In Thomas Hardy's Tess
or the D'Urbervilles n--News OF tho stage.
Louis Robbie has been.indictsd on the.chargo
OF taking matter from I'm Gay New York."
which is the property Of Klaw g. Erlanger. and
using it without authority in a vaudeville bur-
lesquo entitled The Bohemian Club" This is
the first case to arise under the new copyright
law making the piracr Of playr q penal offence,
and providing for It's punishment by q year or
less In prison. This statute was enacted after
a long and determined effort by the American
Dramatists' Club and q few New YORK mama
gers. II provides that anybody. whether man
ager, actor. or theatre owner. who wilftlly
participates in the performance Of q play with
out permission from its o wner. must. upon con-
vicJon, be sent TO prison. Tho counsel Of the
club. ex-Judge Dittenhoefer. who drew the bill
and advocated It before the Congressional COM
mittees. has been DESTROYS that the first prose-
cution should be in u clear and explicit case.
Marc Klaw said yesterday that his firm had
been careful TO comply with oil tho require
mcnts TO put I'm Gay New York; under legal
protection. The piece had been regularly copy
rightcd. Mr.. ROBBIE had been fully aware that
much matter In The Bohemian Club" was q
transfer from tAe other play. Evidence sum ;ient
to secure an Indictment by the United states
District Court Grand Jury had been presented
TO that body. and he had no manner OF doubt
that conviction would ensue. Under these cir.
cumstances. It I, thought that the American
Dramntists' Club will. at its next meeting. go
into some form OF conjunction with Klaw &c
Erlnnger In making the Robe case n test one.
II IL said that ex-Judge Dittenhvefer's advice
IN the matter will be followed. In any event.
Klaw d Erlanger. who are heavily interested
IN the nntl-IlrAgX movement. owing 10 their
ownership OF various plays. will do their ut
most to push the Robie case TO a conclusion;
As to MIR. Robio, he has simply followed an old
custom, IA no worse than the hundreds of
others who have done the same thing, and II Is
Unlikely that a very long term OF imprtson ment
Is before him. bnt he happens TO b. the first
man indicted under tho new law. and the au'
thors and owners OF plays need to IN Ike an ex-
ample.
No American actress has been ex,olled moro
by the professional critics in many years than
Minnie Madden Fisko for her performan nee In
Tess OF tho D'Urborvilles." Additional proof
Of the remarkable nature Of her achievement
IS afforded by tho several dissenting reviews.
All tho condemnation arises from tho indis-
putable fact that Mrs. Fiske's Tess 10 In looks
and deineanor not at all like Thomas Hardy's
Tess. Tho actress makes her an intellectual
creature, with subtlety OF mind. delicacy OF
person. o nervous self-control, ar An acute APP
preciution Of her misfortune. Mrs. Ffske had
applied her own peculiar talents In her own
peculiar way to many roles. but with no real
triumph until last Monday night. 1t was then
made clear that thcre was genius In the little
woman. and. no matter II the unfortunate
milkmald Of the novel had been described by
tho author as q strong. buxom. heavily hand
some animal. the audience was willing TO &C.
cent, her with very small protest rs embodied
by this actress. Mrs. Fiske seems to hold tho
traditions OF the dramatic art In contempt.
and not only gets along without them, but puts
something deiishttpl. to the Keen Observer In
may not appreciate the art OF IT. The emotion
which she shows plainly enough is always ro-
appreciation OF those who are blind TO all on
the stage that Is not active. and deaf to all
matte NJ pa r Speaking generally. are best
served 10y emphatic methods. aud. that the
sirhts and sounds OF che stage should DO In OK
aggeration OF those OF the same circumstances
1 real life. But Eleonora Duso came along
to prove the possibility Of an admirabl, eSeep-
a genius than Duss, practices the same giaphio
Gui.tudo In acting. II Mrs. Fiske had come
forward in ibis play with tho S TnS1e ss5i,1 sa
raised against her.
Mrs. Fisko makes tho murder OF Alec In
Tess OF the D'Urbervilles'' such an uncon-
ventIonal stage killing that It is worth q do
tailed description. Leading immedia ely up
to II. the play wrieh: makes Alec appear ut
breakfast time after an all-night carouse. q
little unsteady from drink. aud with the mean
ness OF his nature dominant. He taunts Tess
by brutally reminding her Of the financial as
sistanco he gives her family. and tolls her
bluntly that lie has bought her. She admits
her sale of.herselt. but warns him not to Eoad
her further. lie retlres to an adjoining room
to sleep. Then Marian confesses TO Tess that
the news of Angel Ciare's death was n false
hood. and next Angel appears alive. His COM
| tho Ia auch N ahnrk IN Tess that Rte cannOt ra.
ply to his plea for forgiveness. but she sc-
Gualnts him with her present manner OF life,
and he departs distracted. As he goes Aiso
asks from the next room who has been with
her. and.she replies that her visitor was her
husband. The unseen scoundrel's reply to this
Is q burst of hooking laughter. coupled with
the request that his love be given 10 the hus-
9@sd sh saa, ,ss 'G CA the sf Stssks II , ,aSi. m nj1oo,s
overcome. After n moment OF bordering, her
face changes from ~bsnumb"d darkness to dos.
table. and with It held In plain sight walks
siowlI toward the door OF Aces room. At
the threshold she fingers. but 1t Is moment
disappears. The stage IL vacant for q full half
minute before, she returns with, the blood:
stained knife held point downward. the end of
ITS handle in her finger tips. Blended with
tho former hard look Is an expression OF hor.
ror. She walks to the middle OF the stage and
takes TO trem bling, as she looks at the knife
and the rlood stain on her hand. with in
crcRsing trepldatlon she staREcrs SLOWLY to tho
opposite sido OF tho stage and thro ss,the knife
behind q bureau. AS the weapon %clatters out
OF sight TO the floor she RECEIVERS sufficiently
to prepare for flight. She takes up her cloak.
Tut her hands tremble so that she can hardly
clasp 1t about her throat. Turning again to
the bureau. she opens n drawer and pulls out
sjme gloves. She looks into the mirror, and
Is prom ted to use n hair brush. All this Is
IN n daZe, and nearly n collapse. While she
Is brushing her disOTdered hair. and her face
Is vacant OF all but horror, Ingci re'enters.
iler fea lures light up ever so family at his
deClaI alton OF forgiveness and abiding love,
and there Is no weakness in her tones or mal-
ner as she tells him that she had known for
weeks that she would ono day XIII her rerse-
cutor. AS she speaks of having once struck
him with her glove, and having known from
that moment what the end would be, there Ia
n ring in her tones, and no trace OF regret for
the murder. With all this, she Is still dis
traught, and II Is Angel who recalls TO her
the need Of action, who prepares her for flight,
and who finally leads her away.
Tho Lcnten term Is not dreaded At tho thea
tres as It used to he. Neiths fashion nor re-
liglon is rigorous in demanding absence from
dramatic entertainments. and The effect OF the
penltontial season is not disturbing with these
plays tina: are firm In public favor.
A dinner will 10 given by the Lotos Club a
week from Saturday night TO William Winter,