New-York tribune., 1905-04-14
LONDON NOTES.
lluacaI Comedy in COw-t-Sar-
gents Water CoLOrs.

There has been q week or muGlcaA comedy IN
she courts with crowded house for every per-
formance and with dramatic authors and popu-
lar actors in the witness box. There is. at least.
one practical result: jury has decided that this
class OF entertainment compounded OF topical
.onrs sentimental lyrics and frolicsome dances.
has a definite substructure OF plot which can
ha claimed as literary property even when the
situation has been changed every important
character disguised and the scenic effect trans
formed The case has gone against Mr.. Ed
v-aries: but he may fnd compensation for costs
sud damages in the increased dignity impaired
N musical comedy by verdict affirming that IL
has dehnite story Of its own. which cannot be
ssopted or borrowed or stolen without in
fringement Of copyright. Casual observers would
have described the entertainment at Days and
similar theatres as a medley OF song and dance.
oreniug with a chorus of smirkng girls ano
closing after two acts Of topical songs and COM
-lirations in an Oriental country with the 5oyfui
1n;or of a gallant army officer with beautiful
native. who has been rescued from despot with
many wives. i has seemed essentially forTnless
and commonplace with lyrics and comic byplay
so- the favorite actors. and with horseplay. like
ducking somebody in a river. as the funniest IN
cisent. Plagiarism. for which court has as
resssa damages Of So OO0 presupposes coherent
Moi. which has survived the ingenious processes
~ rrarsplanting and adaptation by rival play
z~rirhts After SO authoritative a decision musl-
raj comedy is entitled 20 he regarded seriously as
dramatic composition with definite design ana
motives of construction: and its days may not
- numbered as Mr.. Edwardes himself has as
Fumed with gloomy forebodlng.
The action in the Kings Bench has been
r.ro-,arr ,v Captain Fraser. Of the Indian army,
-bo wrote a scenario for a play entitled Han
gsbn. or ,he Lotos Girl and showed II TO Mr.
F,sxa-5es. who liked II and paid the author S+Uo
fo- the privilege Of producing ir after The
Country Girl As time went on Mr.. Tanner
offered 10 coilsborate with Captain Fraser. who
rslurtar,iv agreed 70 the arrangement: but they
did not get on together. The scenario was re-
tr-rs5 srs Mr. Tanner wrote The Cingalee"
un6er q fresh agreement with Mr.. EdwardeS.
CAPTAIN Fraser has brought suit against Nj Ed
var6es m the -rolnd 1ha- The Cinsalee' cor
tairs situations. ideas and motives which were
taken from .Hanjiahn". and he has won his case
Eftsr most interesting trial His counsel have
not depended solely upon deadly parallel be-
.rreer he 1Ro PLAYS. but have laid stress upon
she differences in scene and plot as proofs that
M Tanner was taking what was substaptial
IN his rivals work and artihcially Disgusting it.
For example ''Hanjahn' was 10 have been
Staged for Cashmere, where the iris grows and
there is a loros lake, and where tea girls are
picturesouely dressed and Mahometan despots
have ha9erns, and The Cingaiee" was trans
planted 10 Ceylon where the iris is not known
and where the coolies are not pretty tea girls
nor the Buddhist rulers polygamous- Forcibly
es Mr. Bankes has argued the case. II is doubt
FuI If he would have carried the jury with him
n q private letter from M. Percy Anderson had
not been introduced expressing regret that Cap
tain Fraser had been shamefuliy treated by the
gang" The defence was surprised when this let
Ter was read and when proof was offered that
Mt coffin. who introduced Captain Fraser IS
schoolfellow, had & financial interest in the re-
3ected play: but IL was most ably conducted by
Mr. Gin- A large amount of expert testimony
was offered showing that the plot Of The Cinga-
lee" was supplied from the common stock of nu-
Eical comedy; and Mr.. Gill. offset 10 Mr.
Bsnkess parallel between the two plays. amused
The court bv instituting similar comparison be-
tween Henry W and Ny. Barrie's Peter Pam
and drawing the farcical conclusion that Shake
Epeare was The Tanner Of his day. flching
Bacons brains.
Justice Darling, who has already made a rep
utation rs the wittlest judge on the English
bench. kept the courtroom in an uproar Of
merrimeut during the trial by his bright salies
Rnd quaint comments. In summing up the case
he really brilliant. proving by apt quota
tions that there could not be copyright in the
commonplace and illustrating the difficulty OF
deciding whether there was plagiarism or not
by citations from Cyrano de Bergerac and No
liere. the preface to Lux Orientalis" and the
lrcnical dialogue between Sir Fretful and Sheer
n Sheridan's Critic" While he left the jury
free 10 decide for themselves whether there had
Deen any appropriation. conscious or otherwise.
from Captain Fraser's scenario in The Gin
galee" ne repeated in Sherican's words OF
the stock grievances Of unsuccessful play
Nrigits: IT is not always safe 10 leave plays
IN the hands Of those who write themselves.
They may -reat them as the gypsies treat chill
dren-disfFure them and call them their own"
The 'Cingalee" judgment certainly does not in
Volve any ordinary offence Of plagiarism There
vas nothing like borrowing Of phrase or verbal
appropriation. The two plays were dissimilar
ID character incident, treatment and staging.
Zach resembled in form the common stock more
closely than the other. Mr Tanner was not
copyist without ideas and methods OF his own.
He was an artist in his line rather than a stage
carpenter Yet in the judgment OF the jury he
vas Indebted 10 Captain Fraser for the main
IDEAS Of The Cingalee." and Mr.. Edwardes viii
b forced 70 pay for the original design as well
fs for the stage carpentry, which supplied Mr.
Wright with a superior part and enriched the
performance in many details. The "Cingalee"
ssse is fresh warrant FOR protection OF literary
property and consequently 1t is a substantial
gain for common honesty in stage traffic. II is
also warning 10 theatre managers against en-
tloying too many cooks and spelling the broth.
The new Carfax Gallery has been opened
Eith q Sargent show-three large up
rights IN oil and forty-four drawings in
Eater color OF Venetian. Spanish and
Swiss subjects The oils are early works.
One is THE Egyptian" strongly modelled
nR q