Examination of Belasco’s plays will reveal that they are, for the greater part, founded on what Reade designates “heterogeneous works,”—that is, while he has in some instances borrowed or utilized material long generally regarded as common property, he has gone, far more, to history and record,—and that his plays contain more original writing than ninety per cent. of the plays which are customarily acted on the English-speaking Stage.

Turning from the question of what Belasco may or may not have derived from elder dramatists, we come to a field in which it is easy to move with definite, assured steps. The first accusation against him of plagiarism from a contemporary, as far as I have been able to ascertain, was made by Albert M. Palmer, on information and belief, in regard to the play of “The Millionaire’s Daughter,” first produced at the Baldwin Theatre, San Francisco, May 19, 1879. Palmer had been given to understand that Belasco, in this play, had infringed Bronson Howard’s play of “The Banker’s Daughter,” first produced at the Union Square Theatre, November 30, 1878, and which Maguire had endeavored to secure for Baldwin’s. He sent his attorney, W. Barnes, to see Belasco’s play of “The Millionaire’s Daughter,” accompanied by assistants, who took down as much as possible of the dialogue. After the performance Belasco said to Maguire: “It is not necessary for Mr. Barnes to try to take down my dialogue: he has seen the play: tell him he can have a copy of the manuscript, if he wishes.” Barnes advised Palmer that there was no plagiarism by Belasco, and there the matter ended.

The second accusation was that of Howard P. Taylor, alleging that Belasco took material portions of “May Blossom” from “Caprice”: Taylor would not bring that charge into court, though Belasco invited him to do so; and Harrison Grey Fiske, the editor of “The Dramatic Mirror,” the publication in which the false accusation had been repeatedly made, publicly declared it to be unwarranted.

Beyond these, I have been furnished by my friend Judge A. G. Dittenhoefer (acting with Belasco’s permission) with a list showing that six distinct, formal charges of plagiarism have been made against Belasco and redress sought by legal action for injury thus alleged to have been done by him. The plays as to which these charges have been made are (1) “The Wife”; (2) “Du Barry”; (3) “Sweet Kitty Bellairs”; (4) “The Woman”; (5) “The Case of Becky”; (6) “The Boomerang.”

In the first of these cases suit was instituted, in 1888, by Fannie Aymar Matthews, against David Belasco and Henry C. De Mille, praying for an

injunction to restrain the further presentation of their play of “The Wife,” on the ground that it was a plagiarism of her play entitled “Washington Life.” The action was tried before the Hon. Miles Beach, Justice of the Supreme Court of New York. Judge Beach decided in favor of Belasco and De Mille, finding that there was no infringement, no plagiarism.

The second case was an action brought by the French writer M. Richepin, January 25, 1902, in which he demanded an accounting for the receipts from representation of Belasco’s play of “Du Barry,” on the ground that it was, in fact, a play written by the Plaintiff. M. Richepin would not bring this case to trial, and it was finally discontinued, in January, 1908.

In the third case Grace B. Hughes (otherwise known as Mary Montagu) began an action, in the Circuit Court of the United States for the Southern District of New York, February 3, 1904, against Belasco, Maurice Campbell, and Henrietta Crosman. The action was brought to restrain further representation of Belasco’s play of “Sweet Kitty Bellairs,” on the ground that it was, in fact, an infringement of the Plaintiff’s play of “Sweet Jasmine.” Motion for an injunction was argued before Judge Lacombe, on March 18, 1904, and on March 26 it was denied, Judge Lacombe holding that there was no plagiarism. The case was never brought to trial, and it was stricken from the calendar, on March 3, 1913.

The fourth case (which is dealt with in detail, page 336, et seq.) was the action brought against Belasco and William C. De Mille by Abraham Goldknopf, in February, 1912, in the United States District Court for the Southern District of New York, praying for an injunction to restrain the further representation of their play of “The Woman” on the ground that it was, in fact, an infringement of Goldknopf’s play of “Tainted Philanthropy.” Judge Holt, before whom the case was tried, held that there was no infringement by Belasco and De Mille, no plagiarism, and on March 3, 1913, final judgment was entered dismissing the Plaintiff’s complaint, upon the merits.

In June, 1912, the fifth action against Belasco was brought by Amelia Bachman and George L. McKay, seeking to restrain him from further presentation of “The Case of Becky,” on the ground that it was, in fact, a plagiarism of their play entitled “Etelle.” Trial of this action was begun May 13, 1913, before Judge Julius M. Mayer, of the United States District Court, and was concluded the next day. On July 9, 1913, Judge Mayer rendered his decision, holding that there was no plagiarism by Belasco, and dismissed the Plaintiffs’ complaint, upon the merits.

The sixth case was an action begun on January 14, 1916, by Lila Longson, to restrain Belasco, Winchell Smith, and Victor Mapes from further presentation of their play of “The Boomerang,” upon the ground that it was an infringement of her play of “The Choice.” The case was tried in the District Court of the United States for the Southern District of New York, on September 19-21, and, at the close of the trial, Judge W. B. Sheppard held that there was no infringement and dismissed the complaint. Final judgment, dismissing the complaint upon the merits, was entered September 25, 1916.

In all these cases only one judgment in favor of Belasco was appealed,—that by Judge Mayer, in the action by Amelia Bachman and George L. McKay, in re “The Case of Becky.” Their appeal was taken to the United States Circuit Court of Appeals for the Second Circuit and was argued April 6, 1914. On May 12, following, the Circuit Court of Appeals handed down its decision in favor of Belasco, affirming Judge Mayer’s decision dismissing the complaint. The opinion of the Court was written by Judge E. Henry Lacombe, and can be found in 224 Fed. Rep., page 817.

The significance of this summary of facts is obvious. Belasco has been, and is, freely accused of literary theft,—but on each and every occasion when accusation has been made and investigated in Court he has defeated his defamers and been completely vindicated.