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

Wallace answers Hagenbeck bill [continued],   p. 6

Page 6

May22, 1%
W5ontinuod fron page C.
and assets. They made many unsuc-
cessful attempts to either sell or com-
bine the company which was then
travelingutnder the name of the Carl
Hagenbeck Greater Shows, with the
Ringling Brothers, Barnum & Bailey,
Buffalo Bill's Wild West and other
The answer gives a full history of
all the doings and transactions of the
Carl Hagenbeck Trained Animal com-
pany from the time it was first con-
ceived for the purpose of exhibiting
at the St. Louis World's Fair, togeth-
er with all the correspondence relat-
ing thereto; its experiences on the
road and its exhibitions in theaters
and  buildings, and  its disastrous
season on the road as a traveling cir-
cus and show company; then the sale
to the Carl Hagenbeck Circus and
Show Company-a corporation organ-
ized under the laws of the state of
Ohio for the purpose of expanding the
attractions and novelties of the former
circus and to increase its capital stock,
all of which is alleged to have been
done in the hope that the circus and
animal show would prove to be an
attraction from a financial standpoint.
Hagenbeck's Advice.
The great losses which were said
to have followed and which are al-
leged to have been due to following
the advice of Carl Hagenhbeck to add
new an(] additional novelties which
the American public did not patronize,
are said to have amounted to thous-
ands of dollars to the stockholders.
The answer further states that Carl
Ilagenbeck never invested one dollar
of his own money in any of the at-
tractions in which his name was used.
The answer also states that on June
21, 1902, Hagenbeck made a contract
i  -riting wit hhimself,John H.Ha-
lin, Frank R. Tate. and C. Lee Wil-
lians by which he parted absolutely
with the right to use his name ("Carl
Ilagenbeck"), in the western hemi-
sphere in connection with the training
and exhibiting of wild and domestic
aniimals; that these gentlemen were
to form a corporation, which was
formed under the laws of the state of
Missouri, and that Hagenbeck   re-
ceived  one-fourth the number of
shares issued in said corporation
which was called The Carl Hagenbeck
Trained Animal Show Company, and
that each of the other gentlemen re-
ceived a like number of shares. The
answer further relates that when this
company sold its entire assets to the
Ohio corporation, which was known
as The Carl Hagenbeck Circus and
Show Company, Hagenbeck received
a number of shares in the new cor-
poration corresponding with the num-
her held in the old, pro rata with the
invested capital. Theanswerthen al-
leges that Havhin.,Tate, Williams and
others had invested more than half
a million dollars to launch the new
corporation with the hope of retriev-
ing past losses in the old.
Wallace Wanted to Retire.
Wallace then states that he had no
intention whatsoever to become con-
nected with the Carl Hagenbeck
Shows; that he had concluded to re-
tire to those estates which the profits
of his business as circus proprietor
had enabled him to buy, and to there
spend his remaining days. The "es-
tates" to which reference is made are
the talk of the circus world and are
considered a monument to the high
culture and taste of B. E. Wallace, and
are located in one of the rost beau-
tiful and picturesque spots in the
country. He further states that he
had advertised the Great Wallace
Shows for sale, but that upon the per-
sonal appeals of Havin and Tate to
save the alleged wreck of the Carl
Hagenbeck Circus and Show Coi-
pany "from ignominy and financial
ruin," he finally concluded to purchase
the same, paying therefor a large sum
of money.
Wallace states that in addition to
the appeals of Ifavlin and Tate he
had read fifty-seven varieties of let-
ters from Hagenbeck, the entire fifty-
seven being set forth in full in the
answer, and that he was then fully
convinced that Hagenbeck had dis-
posed of the right to the use of his
name and that the disposal of the
same would never be questioned.
Thomas S. Hogan, of Hogan & Ho-
gan, counsel for the defense, said:
Collusion Is Intimated.
"This suit was never brought by
Carl Hagenbeck personally, in my
opinion, he has been advised or per-
haps may be assisted by some of the
other large circuses because the only
competitor of the Ringling Brothers
and Barnum & Bailey shows today is
the Carl Hagenbeck and Great Wal-
lace Shows Combined, and consider-
ing that all the great circuses aside
from the Hagenbeck-Wallace are mn-
der practically one management, they
could well afford to spend thousands
upon thousands of dollars to crush
out competition.
"The answer, as you may have noted,
contains a full and complete statement
of the negotiations for a coalition
with the Ringling Brothers and also
the Wallace deals. It also explains
that before selling to Wallace every
possible effort was made to coalesce
or sell to any of the great public at-
tractions without avail.
"Mr. Hagenbeck was more fully
posted as to the dealings and trans-
actions of the two corporations in
which he was a minority stockholder
than any stockholder in any organ-
ization I have ever known or been
connected with, and in my experience
Thomas S. Hogan.
Thomas S. Hogan is of the firm of Hogan & Hogan, counsel for the
defence in the Hagenbeck-Wallace suit who has prepared the most volum-
inous answer to a bill of complaint ever recorded in the history of the Cook
county courts.
San Francisco, May 17.
I. P. Wilkerson, manager of Min-
strels of Today and About Town, a
double bill playing at the American
theater, was arrested at the close of
the performance May 9 oin a charge
of felony embezzlemeit sworn to by
Aliss Ella Smith, prima donna of the
company. Miss Smith claimed the
sum of $80 as salary for the past week.
The company had been playing here
for two weeks to poor business and
no salaries were paid last week, ac-
cording to liss Smith and the mem-
bers of the show. Wilkerson de-
clared that the "angels" of the show,
A. Ottinger, Nate Franklin and Jack
Herman, had withdrawn their support
and thus caused his troubles. The
theater was dark last week. Wilker-
son was released on $150 bail.-MAL-
Cedar Rapids, Iowa, May 18.
The first season of the new Majestic
theater ("Vic" Hugo, manager), will
close Sunday, May 30, and on the fol-
lowing evening the Airdome will open
turlnier tle manageientof theownero,
VWie"1-Hugo of thelisajestic and Will
Collier, business manager of Greene's
opera house. The Morgan stock
company will be the attraction at the
Airdome during the first part of the
Morris Enters Kansas City.
William Morris, Inc., closed a deal
this week for a new house   to  be
erected in Kansas City. While the
exact location would not be divulged,
it is stated positively that ground will
be broken within two weeks and that
the house, which will seat 2,500, will
be ready for fall opening.
as a legal practitioner at the Chi
bar I have represented hundreds
"No man could possibly complain
of the treatment that Mr. Hagenbe
received at the hands of his former
associates unless he had some ulte-
rior object in view.
"So far as the ultimate result of the
litigation is concerned, I have no pos-
sible doubt that the court will sustain
the contentions of the defendant in
every particular.
"This is the only case on record in
England or America where a man has
sold his right to use his name in a
certain territory in connection with a
certain business, who, in the face of
a written contract of sale, and the fur-
ther fact that hundreds of thousands
of dollars were expended by the pur-
chasers of the right, in advertising the
name, ever attempted to repudiate the
contract and applied to the courts for
Harry Daniels and Twelve Employe
Are Charged with Assault and
Cleveland, May 18.
Manager Harry Daniels and telve
stage hands ofKeith's Prospectstreet
theater were arrested yesterday or
warrants sworn o tin justice's curt
charging theem wvith resisting officers
and assault and battery. Affidavits
were made by Constables Carwilleand
Rosenblatt, who claim they were as-
saulted  last  Saturday night while
serving an attachment ore the prop-
ertv of Edmund Stanley & Co.
The attachment was served at the
requrest of Mliss Helen Ford, who)
claimed that Stanley broke a cntrac
"ith her, causing her financial loss.-
St. Pail, May 17.
TieI c al Elks wil put on an out-
door circus here the latter part oi
July and contract has been made with
MacKay's European circus for sate
A two-ring show will be pt on an
the proceeds used in paying the debt
on the Elks temple.
Sutmmer vaudeville is doing well
here. The Orpheum last week with
Gravce Scott & Co., in Divorcons as
headliners did well.
S. & C. popular price vaudeville al-
ways goes big at the Majestic. Dr.
Carl Herman was the feature last
The Grand is running 3,000 feet of
Laemmle    film   daily  with seven
changes a week, and three very good
vaudeville acts. The pictures startat
1 p. in., but the vaudeville willo n
-o on for four shows a day hereafter
Five and ten cent vaudeville fld
picttures is doing very well at tie
Staritth Morris Abramsas headliner
last week.
There are nopicture hotesin St
Paul tsing Independent finlesasyet,
as they are all owned or controlled
by the trust excanges.-BARNES.
Companies Closing.
The FloraDeVosscopayclosed
\Fv tr at Chippewa Falls.Wis, and
will reopen at Ashland,   is.,Jtne
for a stock engagement.
The   Fashion    Plate  Burlesquaer
closed the season May 15 at theLi
fayette theater in Buffalo, N.Y.
Al H. Wilson closed tle season
May 19 at Cohoes, N. Y.
Adolph and Charlie Wininger were
ire  Chicago  Wedneeslay. returiing
from San Antonio, Texas, where te
had been with Emia Bunting's stok
compaenv. The boys join the fanil
ct the Frik Winieger show at Esca
nabee. M(ich.. this week.
LA 0

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