The San Francisco call., 1908-09-14

country. as this is probably the first
criminal action ever brought for in
fringenent Of a copyright.
The indictments were returned by the
federal grand juEy Friday, and Satur-
day evening J.. r. Stockwell, prominent
in local theatrical circles, was taken
into custody by United States Marshal
Elliott and Chief Deputy Burnham at
his apartments in O'Farrell street. He
was released under a bond of $1,000.
As soon rs Stockwell was in custody
Marshal Elliott started for San Jose
where early yesterday morning he ar
rested Norval NacGregor at his Nome in
Third street. The prisoner gave bond
for his appearance September 16 in the
sum Of $1,000 The sureties were Mrs.
MacGregor, wife of the defendant, and
". y. Noble. The bond was approved
by Judge NJ II Hyland of the superior
court of Santa Clara county.
MAY ARREST MISS O'NEILL
Miss O'Neill may not yet be aware Of
the fact thateshe is involved, but it may
happen that when Miss O'Neill strolls
down the great white way in New York
this morning she viii be sccosted by a
deputy United States marshal, who viii
request her to come back for another
look at the Pacific ocean and answer to
q fresh accusation It was also conn
IDENTIFY expected last evening that Ran
kin would meet with a similar expert
ence.
The SPECIFIC offense complained of in
the indictments is the production at the
American theater in this city during
the week beginning July 2e. 1903, Of the
play entitled THE Fires of St John.
II is alleged that Stockwell and Mac
Gregor were managers of the company
and that Nance O'Neill and Rankin
were engaged especially to play in this
piece and others. Swickerd claims a
copyright on the play and swore be-
fore the grand jury that those who pro-
duced the show infringed on his rights,
as they did not pay him a royalty.
Speaking to a reporter of The Call at
the American theater last evening
Swickards admitted that he had COM
plained against Rankin and Miss O'NeiIl.
He was bitter in his denunciation of
both. Among other things he said:
REFUSED TO PAY ROYALTY
why. up until three years ago at
the Grand Opera house in this city,
they paid me a royalty on this very
play, but have refused to do so since
that time. thinking / would have no
redress. / believe il would be use
less TO sue Rankin, as he has boasted
that at one time he had 26 civil suits
pending against him. believe 1t is
JAEA dc q EtituC u ElSdl the pro-
duct Of a mans labor with his brain
as TO steal his purse, and I want to
see them punished as there is entirely
too much Of this piracy
Swickard is now filling an engage
ment at the American theater, having
come here because of his wife's health
He is a prominent actor in the east
and his version of the play which is
now causing so much trouble is ac-
ceDted as q standard work
When taken into custody at San Jose
MacGregor told United States Marshal
Elliott that he and Stockwell thought
they had a right to use the play lust
as they did.
Miss O'Neill seems TO have her full
quota of trouble at the present time
She has suit pending against Swick-
ard for $500. alleged to be due for SER
vices. Last night when Swickard asked
II the indictments instfgated by him
were the result of spite work he denied
II vigorously. He added that Miss
O-Neiil had no legitimate claim on him
as she did not make good"
adiss O'Neill and Rankin closed their
engagement here on August 9 and
started into Nevada They closed al
tSoIdneld, and then went on to New
are at present
SAN JOSE, Sept 1s.-Norval Nc
Gregor, prominent in theatrical circles
here. who, with L. R. Stoclrwell of San
Francisco. managed the recent western
tour Of Nance O,Neill and her company
was arrested Saturday evening in this
CITY BY United States Marshal Elliott
and Chief of Police Haley on warrant
issued by the federal district court. He
was afterward released on bonds to the
amount Of $1,000.
The arrest was the result OF a suit
recently fled by Charles Swiokard OF
New York, who claims the right TO the