THE SHAUGHRAUN.

New Zealand Times, Volume XXX, Issue 4565, 6 November 1875, Page 2 (Supplement)

THE SHAUGHRAUN.

This play of Dion Boucicault’s, with Mr. Wheatleigh as the principal character, has recently had a long run in Melbourne and Sydney, and in. Christchurch in this colony. It is now being played in Dunedin, and Mr. Darrell has engaged Mr. Wheatleigh and made arrangements for producing it here. A curious imbroglio in connection with its authorship is thus detailed in the New York Herald of August 12 ; Last Tuesday a young lawyer standing at the desk of the Supreme Court, Chambers, ascertained that an order of arrest had been granted against Mr. Dion Boucicault, at the suit of Robert McWade, on a charge of libel, which is given below. The attorney saw by the looks of the applicant for the order that mischief was meant, and immediately told Mr. Boucicault’s counsel, Mr, A. Oakey Hall, of what had transpired. The counsellor in question, knowing that Mr. Boucicault had been four months in the city after, the publication of the alleged libel without any action being taken upon it, concluded that the arrest of that gentleman upon the eve of his going toßurope was malicious, and determined to thwart it—the more so as it was evidently the plaintiff’s intention for the sheriff to lodge Mr. Boucicault in Ludlow-street gaol. Under advice of his counsel, he left New York for Jersey City, in order to escape annoyance, but instructed Mr. Hall, out of respect to the Court, to immediately appear and defend the suit and justify it. Mr. Hall advised him further to be ready to voluntarily tender a bond, lest it should be said he was absconding. HIKING A TUGBOAT. Yesterday morning the plaintiff’s counsel, at an expense of 25d015., hired a tugboat to board the Bothnia in the bay, but upon learning that the Bothnia would leave her dock at a rapid rate, and could not be caught by the tugboat, ho concluded not to send out his boat in pursuit, but to let the deputy sheriff, holding the order of arrest, go to the Cunard dock and “ interview ” Mr. Boucicault there. This was done, and Mr. Boucicault was found surrounded by numerous friends; the deputy sheriff made no attempt to arrest him, for such an act would have been illegal on account of being in another State. Mr. McGonigle, the deputy sheriff, politely informed Mr. Boucicault of the papers he held and showed them ; whereupon Mr. Boucicault informed him of his previous determination to make suitable appearance, and out of respect to the Court, and to prevent any suspicion of attempting to elude its process, he was willing to give bail. Mr. John A. Pcnard, of No. 20 East Eiftecnthstreot, who had gone to see Mr, Boucicault off, was on board, and plaintiff's attorney agreed

to take him and John McCullough as bondsmen in the amount required—lOOOdols. In conversation with a Herald reporter his counsel said that the whole affair is a malicious farce, for Mr. Boucicault is a naturalised American citizen, owns property to a large extent in this citv, and it was publicly known that he was to return to New York next September. THE COMPLAINT. The complaint upon which this order was granted sets forth the following facts : That the plaintiff was at the time of the mentioned grievance engaged in the business of dramatic author, actor, and theatrical delineator, and was also the author, composer, and originator of the drama known as “ Rip Van Winkle; or, the Sleep of Twenty Years/ which had been copyrighted by Mr. McWade. That the same was of great value. Defendant was also at the same time a dramatic author, claiming to have composed the “ Shaughraun,” and that Josh Hart was the owner of another play called “ Skibbeeah,” which was claimed by Boucicault to be an infringement upon the “Shaughraun” so owned hy the latter. Mr. Boucicault commenced an action in the superior Court against Hart. An injunction was granted against Hart by which he was restrained from further exhibiting the drama of the “Skibbecah” at his theatre. That on the ISth day of February, 1575, the defendant, Boucicault, by reason of certain rumors, reports, and criticisms made by several persons and published in the New York daily and weekly papers, relating to the termination of the matters in issue and determined in the superior Court, maliciously composed and published, or caused to be published, under his own name and signature in the New York Herald, the following letter;— BOUCICAULT AGAINST HART. To the Editor of the Herald: —A report has been industriously circulated that the judge in my case against Joshua Hart granted the something called a “special injunction.” There was nothing special about it. He granted mo all I asked for. I caught the defendant with my stolen property on his person. The judge made him give it up. There was some other property, also stolen goods, found in the pocket of the thief, and because I made no claim on that he triumphs in its possession. The decision sustains my copyright and dismisses the defendant’s plea that my play was not original. The bond given by me is the usual security required from all complainants who succeed in getting an injunction. There is nothing special about the whole affair, except that I stopped the performance of the “ Skibbeeah ” to-day at Hart's Theatre, and I will press my suit against him for damages as actively as I can. Meanwhile I beg to draw attention to an advertisement in your advertising columns which is very every respectable manager in the United States, in the interest of the dramatic literature of the country, I have resolved to pursue and exterminate these impudent pirates and audacious thieves who prowl around the purlieus of the drama to seize on every success. They infested the career of Mr. Joseph Jefferson, and I am sorry to add their manifest importance in his case —I allude particularly to the case of one Robert McWade —was rather encouraged and by some of the Press, instead of being held up to just reprobation.—Yours truly, Dion Boucicault. New York, Feb 17,1575. The complaint further goes on to state that the defendant, Boucicault, thereby intended and caused it to be believed by all readers of the Herald that plaintiff had been guilty of plagiarism, and had wrongfully appropriated to his own use the play of “Kip Van Winkle;” that plaintiff had been greatly injured by this publication as a dramatic author, and that the value of his play had been decreased to the amount of SIO,OOO, and judgment is asked for this sum.

Annexed to the complaint is the affidavit of Mr. Me Wade, who states that he is a resident of the city of Buffalo, and setting: forth all the main points alleged in the complaint. He cites the fact of Mr. Boncicault’s intended departure for London to fill an engagement as ground for the issuing of the order of arrest. This affidavit concludes with a paragraph from the Herald of August 9, bearing upon this departure, as follows : Mr. H. J. Montague, the actor, arrived at the Hoffman House yesterday from San Brancisco, and will sail for England on Wednesday, in company ■with Mr. Dion Boucioault and Mr. John McCullough. Mr. T. Allston Brown also makes an affidavit that his attention was called to the letter in the lie raid in February last, and that he is well acquainted with Mr. Robert MoWade. Deponent alleges that when he read this article he knew the person alluded to as “ Hubert MoWade” was intended for and referred to Robert MoWade, the plaintiff in the present action. THE DEFEKOE. On behalf of defendant, his counsel stated that an answer will be put in justifying the libel, and it the defendant dare bring his case in court, will prove that McWade’s version of “Rip Van Winkle” is a distinct series of purloinings of Mr. Boucicault’s “situations” and business, and also Mr. Joseph Jefferson’s well known rendering of that character.