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Patrick, Warren A. (ed.) / Show world
(May 22, 1909)

Louisville's Gayety muddled once again,   p. [3]

Page [3]

Published at 87 South Clark Street , Chicago, by THESHO MIORLD ishing i.
Entered as Second-Class Matter      GENERAL      at the Post-Office at Chica16,llliois,
June 25, 1907   WP                            underhAct  gress of ,arrh,18979.
Volumn IV-No. 22
Frank P. Cheney Charged with Steal-
ing a Ring and Forging a Check.
Pittsburv, Pa., May 19.
Frank P. Cheney,  of   Lawrence,
a.s., formerly a  member  of  the
flack Beauty  company,    was  held
for court oacharge of larceny and
one of forgery by Magistrate Henry
lhrig. Cheney and his bride of two
eeks en route east on their honey-
mtoon, stopped here to see if they
coil secure work in local theaters.
They became stranded.
Itisalleged that Cheney secured a
na valued at $150 from W. W. War-
kick, He had the ring sent to the Van
Dome hotel on the pretext of showing
it to his wife, and disappeared. The
police were notified and he was ar-
Tested. He had pawned the ring for
0, it is  said.
At the hearing C. A. Oleson, propri-
etor of the Van Dome hotel, stated
Cheney had forged his name  to   a
check for $6, and preferred an in-
ormiation charging forgery. Mrs. Cie-
ey, who was formerly Cecelia Len-
ox of Washington, D. C., was sent
to Cheney's home in the east.
Contract Is Let.
Webster City, Iowa, May 18.
Des Moines has awarded the con-
tract for the erection of her new Coli-
eum. The C. L. Gray Construction
Corpany of St. Louis got the job.
The work is to be finished and the
building ready  for  occupancy  by
November 15.-TUCKER.
Inside Stories of Tented Deals Laid Bare and Counsel Intimates Collusion
of Rival Enter rises.
The legal battle between Carl Ha-
genbeck and Benjamin E. Wallace
was again brought to the attention of
the show public last Monday when
Hogan & Hogan, attorneys for the
latter, filed an answer to the bill of
complaint-an answer which estab-
lishes a record in the Cook county
courts, being the longest of its kind
ever recorded in a chancery proceed-
ing. This answer consists of 227
printed pages, and answers, in every
detail, the allegations of the bill which
was published in part in THE SHOW
WORLD some few weeks ago.
The personnel of the litigants, the
eminence of the counsel, as well as
the great interests and legal techni-
calities involved, has made this case
not only one of importance to the
general public but has given it an in-
ternational aspect.
The answer purports to give a com-
plete refutation of every  allegation
iaade or charged in the bill that in
any manner reflects upon the de-
fendant and says that Mr. Wallace
acted in good faith and purchased for
a valuable consideration the trade
name and trade mark, Carl Hagen-
beck, together with the good will and
assets of the Carl Hagenbeck Circus
& Show Company, which company,
owing to its inability to carry on
the business successfully from a finan-
cial standpoint, was compelled  to
either allow its assets to be attached
by its creditors or forced into invol-
utntary bankruptcy on account of its
Tate and Havlin Lose.
John H. Havlin, of New York, and
Frank R. Tate, of St. Louis, Mo., each
of whom are well known throughout
the country and who were the largest
stockholders in the company, sus-
tained heavy losses. The former sus-
tained a loss of $210,000 and the lat-
ter $70,000 before negotiating with Mr.
Wallace for the sale of the trade name
(Continued on Page 6).
May 22, 1909
Grand Tury Fails to Indict Theater
Employe Accused by Police.
Cleveland, May 18.
The grand jury Tuesday returned
no bill against George Schwarzen-
berg, stage handaitthe Colonial the-
ater.  Schwarzenberg  was charged
by police wich having caused the
death of John McGrath, another stage
Schwarzenberg asserted that Mc-
Grath had started a fight with him.
The police declareu that McGrath
died as the result of the beating he
Anti-Billboard Crusade.
Oakland, Cal., May 18.
What promises to be an extended
crusade against billboards was started
by Park Commissioner Gould when he
offered a resolution to the Board of
Park Commissioners asking that a re-
quest be made for an ordinance pro-
hibiting the erection or maintenance
of advertising signs within 300 feet of
any public park.
Forest Park Enlarged.
Forest Park, Chicago, is experienc-
ing the same set back that the other
local parks are having-cold weather,
but Ben Atwell is expecting  some
very fine sunshine soon so that they
can have a prosperous season with
their brand new attractions. The park
has been enlarged and it now ranks
in high estimation with park follow-
LOUISVILLE'S GAYETY                               ONE HUNDRED MORE
MUDDLED ONCE AGAIN                                   HOUSES FOR S. AND C.
Ten Year Mortgage Placed.-Twenty-five Year Lease Obtained by Pacific Coast Amusement Company to Spread Its Circuit Before
Hynicka.-Injunction Against Building Refused, but  Opening of Next Season.-Changes in Staff of Chicago
House Cannot be Used for Theater.                    Office -John Considine a Visitor.
Louisville, Ky., May 16.
The mix tip over the Gayety theater,
now in course of erection here, ar-
rived at a most peculiar stage this
week and again no one concerned
sems to know exactly where they are
at, or if they do, they are keeping
mighty mum about it. On Thursday
tiodocuments were filed in the coun-
tycourt, one of these was the record
a mortgage given by the Louisville
imasement  Company    to   Michael
luller on the Gayety theater for $50,-
0, payable in from one to ten years,
he other was the record of a lease
rom Owen Tyler, trustee, to Rud. K,
Hnicka for the Gayety theater site
or a period of twenty-five years at
i annual rental of $4,000 for the
rst ten years and $5,000 for the bal-
ace of the period.  On    Saturday,
"hen Judge Miller had finished hear-
ag the testimony in the case of the
Lommoniwealth  against the amise-
Ment company for infractions of the
bulding law and to determine whether
r ot the building might be finished
ecording to the present plans, the
tidge promptly decided in the nega-
ive, thus leaving the fight exactly
here it was some months ago when
Ihe Court of Appeals passed upon it.
Judge Miller refused to grant an
injunction against the completion of
the theater building itself, but held
that, when completed, it could not be
used as a theater because in such ca-
pacity it would be a menace to life.
He offered no objection to its use as
any old kind of a proposition except-
ing an amusement temple.
The most interesting feature of
Judge Miller's decision in the Gayety
theater case is the course the city
will now take in the matter. When
the permit was declared void in Jan-
nary last by the Court of Appeals the
Mayor stopped the Hymicka people
from working on the theater until the
special ordinance passed for Hynic-
ka's benefit which was declared invalid
by Judge Miller, was passed by the
General Council. After the ordinance
had been passed and signed by the
Mayor work was resumed    on   the
building. Now that the ordinance has
been declared invalid and the permit
void, and the court decided that the
1907 ordinance was in vogue which
prevents the construction of a theater
with a lobby over thirty feet in length,
it remains to be seen whether or not
Mayor Grinstead will again order the
work on the building stopped.
"We will have one hundred more
houses in the Pacific Coast Amuse-
ment Circuit by the beginning of next
Paul Goudron made the statement,
and when a surprised expression
spread over the face of the news-
gatherer, he made bold to add: "Why,
it's only a matter of time when Sulli-
van & Considine will be the biggest
booking office in Chicago, barring
Goudron, who is generally conceded
to be a man of his word and an au-
thoritative mouthpiece of the Sullivan
& Considine interests, refused to di-
vulge the names or locations of any
of the prospective hundred houses, but
recent activity in the local offices
would seem to intimate that big things
are tinder way. Men have been shifted
and John Considine himself has been
here and is said to have passed on
many important matters during his
The offices themselves have been
largely increased and they now oc-
cupy the entire fourth floor of the
Oneonta building, and that business
with the circuit is on the jump is evi-
denced on all sides.
John J. Nash, who has been on
the road for the past three weeks
signing up houses for the circuit, is
now located at a desk in the office.
G. C. Goudron has a desk and will
book his own circuit, while Roy ler-
win, erstwhile office boy, has been
made secretary to Paul Goudron.
John Considine was here Thursday,
coming from California, en route to
New York. He spent twenty-four
hours in this city and was busy each
minute of the time.
Actor Shot Before Play.
Laurens, S. C., May 17.
J. Ross Wilson, member of the De-
morest Comedy Company, was acci-
dentally shot by Dick Lewis just be-
fore the performance at the opera
house. The bullet entered the lower
abdomen, and physicians say the man
will probably die. Wilson is married
and is a native of Sullivan, Ill.
Brief Stock Notes.
The Travers-Vall stock company is
doing a fair business at the Park the-
ater at Manchester, N. H.
The Yankee Doodle stock company
is playing a summer engagement at
Alpena, Mich.
(A  i

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