Evan Hunter: The Paper Dragon

"You were leading the witness, Mr. Brackman," McIntyre said, and Brackman shrugged in resignation.

"Did you have a conversation with Mr. Jackson?" he asked.

"I did," Arthur answered.

"Would you repeat the content of that conversation?"

"Jackson said, 'This is tremendous, but you know as well as I that this company is still back in the thirties with its musicals and silly romances. I think they'd be leery of an Army theme that tries to show the stupidity and foolish waste of war, especially since we've had this Korean thing since World War II. But I'd like to hold onto it, because I really like it immensely and if I can do anything for it, I will.' "

"Did Mr. Jackson ever return the manuscript to you?"

"No."

"To whom else at API did you show the manuscript?"

"Well, there was Joe Edelson, who was at that time head of API's story department. And Rudy Herdt, who was a producer, and Iris Blake, who was also in the story department."

"Were there any others?"

"Yes, I also showed it to Betty Alweiss, who was Mr. Kessler's personal secretary."

"What were the reactions of these various people to whom you showed the manuscript?"

"Their reactions — their collective reaction, I should say — was basically the same. They all liked the play, they thought it had some important things to say about a situation that needed comment. But they felt API wasn't ready to do anything as strong as this was, not right then, anyway. The collective reaction, I would say, was that the play was too outspoken, that the United States wasn't ready to take criticism of its armed forces, not when we had just come through a major conflict and also a minor one in Korea, which happens to be the setting of The Paper Dragon . To my mind, there was no question that everyone who read the script thought—"

"Your Honor, I regret having to interrupt the witness again," Willow said, "but he has just now made a statement as to the operation of his mind, and I think you'll agree that is clearly inadmissible."

"Sustained."

"Mr. Constantine," Brackman said, with a sigh directed at Willow, "would you please tell us what was said about the script, and not what you surmised or thought?"

"That's all that was said about it. They all liked the script, but they felt it was too strong for API to do."

"Were any of these scripts ever returned to you?"

"No."

"As I understand it then, Mr. Constantine — and please correct me if I'm wrong — during the period of time between March 1952 and April 1954, you showed a copy of your previously produced play Catchpole to five people at API?"

"Five people, that's correct."

"Were these five people all executives?"

"Not all of them. But they all had the power to recommend a story for purchase."

"And your story was not recommended."

"My play."

"Your play."

"No, it was not recommended for purchase."

"Nor were any of the copies returned."

"No, they were not returned."

"Mr. Constantine, have you examined your work Catchpole and also the book and movie versions of The Paper Dragon ?"

"I have."

"What did your examination reveal?"

"That there are close similarities between Catchpole and The Paper Dragon ."

"Similarities to both the book and the film?"

"Both the book and the film, yes."

The courtroom was silent. Brackman took a deep breath. "What similarities did your examination reveal?" he asked.

"Your Honor, if I may…"

"Yes, Mr. Willow?"

"I think we might be able to save a little time here, if the plaintiff is willing."

"How might we do that, Mr. Willow?"

"The plaintiff and his attorneys were good enough to prepare — for the pretrial examinations — several charts containing the alleged similarities between the works in question. These are rather detailed as to specific language, plot structure, and character. I would have no objection to the offer of these charts at this point."

Brackman shook his head. "I wish the witness to testify to the similarities in his own words."

"His own words are already on the record," Willow said.

"Your Honor," Genitori said, rising, "we have reams and reams of charts prepared by the witness and his attorneys. The entire matter is before us ad infinitum."

"If his Honor will allow," Brackman answered, "I would like to bring the matter before us once again — from the witness, in person, before this Court."

"I will allow it. Let him proceed."

Arthur looked at the judge, and then at Brackman. Brackman nodded.

"I would like to start with the thematic similarity of my play and the other works," Arthur said.

"Go ahead, Mr. Constantine."

As Arthur began speaking, he could feel the alert presence of James Driscoll sitting in the jury box on his left, patiently watching with the cold blue guileless eyes of a thief. He could feel the judge erect and attentive beside him at the raised bench on his right, someone only vaguely defined, someone who had the power to rule on what could and could not be said, someone who would in the final analysis make the sole decision as to whether he, Arthur Constantine, had been wronged. He could feel, too, and it added to his sense of security, the enormous paneled dignity of the courtroom, a federal court, copyright offenses were tried in federal courts, the American flag to the right of the bench, the wan December sunlight outside. He was completely at ease now, confident that the truth would be heard and justice would be done. His earlier panic, in fact, now seemed inexplicable, like the terror of a very young child waking in the dark.

"In my play," he said, "I was attempting to illustrate—"

"Your Honor," Willow said at once, "I move to strike that from the record. Whatever Mr. Constantine attempted to illustrate is not relevant to the issue before this Court."

"He is trying to be responsive," McIntyre said. "I will allow it."

"I maintain, your Honor, that any similarities must be solely between the works in question."

"I would agree to that."

"And that therefore the author's intent is irrelevant."

"I believe I will allow him to tell it in his own words, Mr. Willow. I think this will take us where we want to go."

"Does your Honor mean the end of the trial?"

"No, I'm referring to the testimony relating to similarities. The end of the trial, however, is another consummation devoutly to be wished. Please go on, Mr. Constantine."

"Thematically, my play deals with the lunacy of war," Arthur said. "My hero is a new lieutenant who feels that human life is more important than the quarrels of nations, and this theme is stated in Act I, Scene 4, pages 21 and 22 of Catchpole . This is also the theme of The Paper Dragon , where the hero is the same new lieutenant who feels exactly the same way, and who voices his feelings on pages 121, 122, 123, and 124 of the book."

"Do you consider this theme unique?" Brackman asked.

"I do not, sir."

"Do you consider it original?"

"I do not, sir."

"Do you consider it your exclusive property?"

"No sir. But this suit is not based on a similarity of theme alone. In fact, if my play had developed its theme along certain lines and the novel had developed the very same theme along different lines, I would never have brought suit at all."

"How are these themes developed?"

"They are developed along identical lines," Arthur said. "To begin with, the hero of my play is shipped to the Pacific to wage war against the Japanese on Eniwetok. The hero of The Paper Dragon is also shipped to the Pacific to wage war, this time against the enemy forces in Korea. Now the men in the platoon to which the lieutenant is assigned, and specifically the men who are in one squad of that platoon—"