The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-01-06
SAMUEL E. GROSS SUIT
ALLEGES HIS COPYRIGHTED
PLOT WAS REWRITTEN.
The Author of the Merchant Prince
of Cornville" Claims to Be the
Victim of a Bold
Theft.
speclal pigpateh to The can.

CHICAGO, Jan. SIS "Cyrano de
Bergerac" a plagiarism? Is the play
now being produced by Richard Mans
field stolen from the Merchant Prince
OF Cornville" written by Samuel
Eberly Gross of Chicago?
These interesting questions are
squarely raised by a suit begun to-day
in the Federal Court by Mr.. Gross
against Mr. Mansfield and his manager.
a. M. Palmer, to restrain infringement
of a copyright.
The papers were served on Mansfield
this evening. The famous actor raised
question Of fact at once While he
didn't care continental where Ros-
tand got the play, he was sure he had
never heard of the Merchant Prince Of
Cornville,'' or of Samuel Eberly Gross
Of Chicago.
The complaint, on the other hand.
says Mansfield is the owner of a copy
of the Chicagoan's play, and among
other things sets forth: The Merchant
Prince of Cornville' written by Sam
uel Eberly Gross, a resident of Chicago,
as a diversion from business pursuits,
between 1875 and 1879, and submitted in
the manuscript to A. NJ. Palmer in the
latter year. and at the same time to A.
r. CaZauran, a Frenchman, and Pal
mer's dramatic reader. In 1888 still in
manuscript it was at Mr. CaZauran'S
request again delivered to him. He was
employed by A. NJ. Palmer as dramatic
reader, adapter and adviser and had
previously given a favorable Judgment
on the play. He retained the manu-
script several months. Letters and tele-
grams from CaZauran state that he
a., low
managers and proprietors. Thus from
the time of comDletitnon until 1895 the
manuscript was sent at various times
to different actors and managers for
inspection. 1t was not produced, now
ever, and in 1895 and 1896. statu-
printed by Stone q Kimpall. A statu,
tory playwright in England was secured
November Ii, 1896, and the play was
also copyrighted November II. 1896. in
England and the United States. Since
1886, a copy of the play has been dis
tributed by the author Many proml-
nent actors, managers and playwrltefS
in England and America received and
retained copies, among them Richard
Mansfield.
Mr.. Gross declined to talk Of the suit
this evening, but his private secretary,
Albert ]. Fisher, made the following
statement:
"At the first reading of the dramatic
criticism of 'Cyrano de Bergerae RS
Gross was struck with the description
of the balcony scene, which seemed TO
fit his play exactly. He felt at once
that making love by poetry, under the
circumstances described, was his inven-
ton. A day or two later he received
a letter from a prominent actor and
member of the Players Club of New
York, who had seen the play, saying
Gross had certainly anticipated some
of the most effective scenes in 'CyranO
comparison of the plays, using the
Kingsbury translation, authorized by
Mansfield. The likeness of the two
plays grew upon him and was height
ened by seeing the production of 'Cy-
rano de Bergerac. Gross thought he
recognized all the most salient features
of most of his characters in some part
or action of the Mansfield production.
The scene upon which all the dramatic
action hangs, up to the final denoue-
ment, is the proxy lovemaking found
in the balcony scene, which in all its
principal features seems to be an ac-
tual reproduction of that in the play Of
Mr. Gross, in so far as dramatic action
and ideas are concerned, extending 10
some extent to the language itself in
which those ideas are expressed.
Mr.. Gross believes he has absolute
fact for foundation or he never would
have gone into court to discredit the
production of Mansfield or of the play
which he produces but feels he has g.
right. as an English writer once put 1t,
to claim his own wherever he
finds it.