The trial of the Goldknopf action against Belasco, based on the pretence that “The Woman” was plagiarized from “Tainted Philanthropy; or, The Spirit of the Time,” was begun, July 31, 1912, with a hearing before Commissioner Gilchrist, at

the Federal building, New York, and it proceeded, the Hon. George C. Holt, Justice, presiding, in the United States Circuit Court, on August 5. It was established by sworn testimony that Goldknopf’s “play” was submitted by him to the Belasco Play Bureau in May, 1910, and that under date of July 10 Mr. Henry Stillman, the play reader of that bureau, wrote to Goldknopf a letter in which he said:

Mr. William C. De Mille testified that after the production of “The Warrens of Virginia,” in January, 1908, he had suggested to Belasco that if they could “throw up a good heart story against the general background of political ‘graft’ it would make a good play”; that Belasco had been favorably impressed by the suggestion, and that a contract had been entered into between them, in that year, for the writing of such a play,—several drafts of which, bearing different titles (“The Princess of the Wire,” “The Machine,” “1035, Plaza,” etc.), were made before the final one was put into rehearsal. It also was established that Mr. De Mille had read his play to friends,—among them Professor John Erskine, of Columbia University,—in 1908.

Belasco corroborated Mr. De Mille; specified that he had instructed Mr. Stillman “to be kind to aspiring dramatists,” which fact he surmised “might account for the courteous tone of his note to” Goldknopf; testified that he had never seen the manuscript of “Tainted Philanthrophy” prior to July 31, 1912, and had not even heard of it until the suit was started. Then, becoming exasperated, he exclaimed: “I am heartily sick of being sued by nurserymaids, waiters, and barbers every time I bring out a new piece, and I should like very much to give a performance of both these plays before your Honor, in the fall.” To this startling proposal Judge Holt assented, remarking that he could doubtless have the merits of the case better placed before him by witnessing both the plays in representation than by merely reading them,—adding: “But it will be very expensive for you to have the case decided in this way, will it not?” To this inquiry Belasco replied: “Yes, sir; it will cost me about $5,000, but I want to show these unknown authors, once and for all, that they cannot come into the courts and attack every successful production I make without submitting their plays to a comparison that will dispose of their claims very quickly.” On Belasco engaging himself to provide as good a cast for “Tainted Philanthropy” as that with which he was presenting “The Woman,” his proposal was accepted by counsel for Goldknopf.

The comparative performances were given, November 26, at the Belasco Theatre, in the presence of Judge Holt and invited audiences—Belasco desiring that as many journalists and members of his own profession as possible might see for themselves the shameful injustice to which he was subjected by the charge of plagiarism. “The Woman,” which was then filling an engagement at the Grand Opera House, New York, was acted first, beginning at eleven o’clock in the morning. After an interval of an hour “Tainted Philanthropy” was presented, “exactly as written,”—manuscript copies of both plays having been submitted to the court in order to make impossible any dispute on grounds of alleged changes during representation. The Goldknopf fabrication proved to be the veriest farrago of impalliable trash,—and, as it was performed with absolute sincerity by conscientious and capable actors, it became ludicrous in the extreme. On November 29, Judge Holt rendered his decision, finding, necessarily, that there is no plagiarism from “Tainted Philanthropy” in “The Woman.” The chief parts in the former were cast thus:

The following letter on the subject of the Goldknopf accusations gave Belasco much satisfaction:

(The Society of American Dramatists and Composers to David Belasco.)

In his decision Judge Holt said:

Final judgment to that effect was entered March 3, 1913. Belasco’s unique demonstration of the shameful injustice of the Goldknopf charge, however, cost him $5,700. Writing on the subject of this suit and of the performances offered in evidence in it, he has said: