COLONEL FABYAN recently (1916) revived the theory that Bacon was the real author of the Shakespeare plays and that William of Stratford-on-Avon was merely employed by Bacon to interpret these dramatic works. Judge Tuthill awards the damages because William N. Selig, a moving-picture manufacturer, had sought to restrain Colonel Fabyan from publishing the facts which he alleged to be in his possession showing that, Bacon and not Shakspere wrote the plays. In his decision, Judge Tuthill says in part:
"That William Shakspere was born April 23, 1564; that he went to London about 1586 or 1587; that for a time thereafter he made his living working for Burbage; that he later became an actor in Burbage's theatre and in travelling theatrical companies; that he retired about 1609... to Stratford-on-Avon, that he engaged in business till the time of his death on April 23, 1616; and that he was not an educated man, are allegations which the Court finds are true.
"The Court further finds that Francis Bacon was born January 22, 1560; that he was educated not only in English, but in French, Latin, Italian, German, and had a general education equal to or superior to any of his age; that he was the compiler of a book of 1,500 axioms and phrases selected from the greatest authors and books of all time; that in his youth, literary people were frowned upon in England, but in Paris they were in the favor of the reigning powers and literature was having a renaissance. Bacon went to Paris in his early youth and spent several years in this atmosphere.
"The Court takes judicial notice of historical facts, and facts well known, and finds that there has been for sixty years a controversy over the authorship of certain works which were published shortly after the death of Shakspere; that the question always has been an open one among scholars of equal authority and standing in the world of letters, and that a vast bibliography, estimated by those in a position to know, at 20,000 volumes, has been amassed in the discussion of the vexed question.
"The Court further finds that the claim of the
friends of Francis Bacon, that he is the author of said works
'Shakespeare,' with the facts and circumstances in the real
bibliography of the controversy over the question of, authority and
the proofs submitted herein convinced the Court that Francis Bacon is
From the New York Times, 1916.
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