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.
CONCERNING BENEFITS—REMEMBERED AND FORGOT.
While Belasco, in common with the generality of dramatic authors, has certainly profited by the example and sometimes by the labor of others (a fact which he does not seek to conceal or deny, but which, on the contrary, he has freely and fairly recognized and admitted), there is a per contra aspect of his relation to other play-writers which none of his detractors,—and, for that matter, as far as I am aware, none of his admirers and advocates except myself,—ever mentions,—namely, the immense and direct advantage and profit derived by other play-writers from him. Nor is that indebtedness confined to makers of plays: as theatre manager, stage manager, mechanician, success for others if not always for himself has walked with him, and for scores of persons connected with the Theatre (many of them void of appreciation) his has been the touch of a Midas, turning dross to gold and, incidentally, establishing them in reputation. Among the makers of plays who, first and last, have greatly profited by his sagacity, skill, and labor are James A. Herne, Peter Robertson, Bronson Howard (who always handsomely acknowledged the obligation), William Young, H. H. Boyesen, Henry C. De Mille, A. C. Gunter, Clay M. Greene, P. M. Potter, Franklyn Fyles, Charles Simon, Pierre Berton, Charles Klein, Lee Arthur, John Luther Long, Richard Walton Tully, Miss Pauline Phelps, Miss Marion Short, William C. De Mille, William J. Hurlbut, Eugene Walter, Avery Hopwood, Edward J. Locke, Miss Alice Bradley, George Scarborough, and Winchell Smith.[6] In all the mass of letters addressed to Belasco and examined by me in preparing this Memoir I have found fitting acknowledgment of benefits conferred by only two of those persons, aside from Howard,—Franklyn Fyles and Mr. Scarborough. The latter wrote:
(George Scarborough to David Belasco.)
“150 Madison Avenue, Tompkinsville,
“Staten Island, February 28, 1916.
“My dear Governor:—
“Just a brief line before the drop falls on poor little ‘Wetona’ [“The Heart of Wetona”] to-morrow night:
“It has been a great honor to sit at your feet the past few months—to go to school to you. An infinite pleasure, also, to have seen you work and known you.