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Patrick, Warren A. (ed.) / Show world
(November 7, 1908)

Things told in Chicago town,   pp. 6-7


Page 7

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THE SHOW WORLD                 7
November 7, 1908.
WALLACE APPEARS
IN HAGENBECK SUIT
(Continued from Page 3)
p the board of directors of the said
ics company, whereby said company,
or board  of  directors,  attempted to
transfer cadf assign to said I-avlin cod
late tae entire  property, assets and
araptertoalia of said  circus company,
'd tire pretended right  to  use  the
nogetleck name, against the protests of
Ilagenbeck and that said transfer, inso-
tar as it Indertook to transfer or dis-
ae of any right to use the name of
poseheC is afraud upon him."
Who Owns Circus?
The  conplainant  then alleges that
Havin and Tate entered into a part-
nership witll Benjamin E. Wallace, Jere-
niiah 'J Mugavin and John 0. Talbott to
ti fevttlie for the giving of circus exhi-
to   Iby said lavlin, Tate, Wallace,
Maugax-in tald Talbott  as  co-partners,
and for til wrrgful acquiring by said
J  co-patners of the show  property and
paraphernalia owned by said circus com-
pany, and the use of Hagenbeck's name;
that on or about said Jan. 9 said Mu-
gavin had about $15,000 in  cash, and
said I ayin and Tate had, as they pre-
tended, the property and paraphernalia
of said circus company, all of  which
said Wallace coveted and desired to pos-
ses hinmself of, as well as the good
name of Hagenbeck, but that all of said
property and  paraphernalia  so  trans-
ferred to said partnership, and so pre-
tended to be pledged to said Wallace and
Mugavin, was in truth, and is now the
property of said circus company and
its stockholders.
"That the first information Hagenbeck
received was from news items in Ameri-
can papers, but immediately upon see-
ing such items relating to the said part-
norship he cabled HavIin and Tate from
hlamburg, Germany, stating: 'I protest
and never agree to this,' and confirmed
it with aletter dated Feb. 11, 1907, pro-
testing against combination with Wal-
lace, which letter reads as follows:
t I really cannot understand how  you
could enter into a business with Wallace
ithout letting me know anything about
it. If you think you can play with my
name like a cat with a mouse then you
are mistaken. The deal may be good
for you, but it is not for me, and I here-
with repeat the third time that I will
icier give my consent to it because I
will never have my name combined with
the Wallaceeshowv.
Hagenbeck Threatens Action.
You know just as well as I know
what reputation the Wallace show has
got. My name would he     rained if it
hol  e used with thre Wallace show.
You have not got millions of    dollars
eniough in America for me to have my
rame rained. My firm    is  known all
ocer the world as an honest firm, and I
will take good care that I shall keep up
this reputation as long as I live, and I
am sure that my boys will do the same.
'If you do not abandon the deal I ama
i erysorry to say that I shall then be
lt> Obliged to make you do so. This is all
I have to say. I do not care what will
becone of tie show.   If  it  becomes
hcs11kcalt, well I kenoav that nmy money
ilost, which is avery hard loss to me,
Slecially asyou did not pay the salary
Ior the Shingaleso weekly  as   it was
arcoed. This was not correct at all from
tour  part.
'I do not care if everything is lost,
y lify ou sellthe show you cannot sell
Ilname with it. That the whole thing
came to such a   collapse that is your
own fault. If you would have heard me
from the first beginning the whole thing
would have been different. The Hagen-
teck show would have been flourishing
now, and lots  of   money could have
leen made, but under such a manage-
Icent as you had it. where the money
tas thrown away like dirt, the show
lad togo to the devil.
overything which I have tackled up
to this date and every business which
had been carried on with my advice has
teen a success. Anduthis business would
ASo have been a sccess if    you had
done ehat I proposed. But now    it is
wi to late, and for my sake you may do
Zs ith theshow what you like, "but I re-
as Peat you once more I will never allow
YOU to sell my name with it.     Yours
l  truly, Carl Hagenbeck.'"
b           Protest Is Ignored.
The bill further charges that notwith-
standing his  protest  said Havlin and
frtV  Proceeded  in   partnership with
-K Wallace Mugavin and Talbott, who ap-
Propriated to themselves the property
nd assets of the circus company and
nade use of the Hagenbeck name. That
slutig the season of 1907 the partner-
hip gave circus  exhibitions  in  the
nited States, advertising  the  enter-
Prise extensively as the Carl Hagenbeck
ad Great Wallace    Shows   Combined,
and the complainant avers    that   his
lame and reputation were greatly in-
ted by such  advertising  and   such
onnection With the name of said Wal-
lace.
The complainant alleges that the close
of the season of 1907 found  the   said
alrtnership, with the exception of B. E.
pallace,vitout means to meet the ex-
penses of wintering the show, and that
said pavinand Tate, in order to escape
their Personal  liability, entered into a
tWansacton with Wallace whereby said
Wallace Possessed himself of the prop-
ertyeand assets of said partnership and
the Pretended right to use the name of
Hagenlree.   Mr.   Ragenbeck    charges
that all of such acts and doings were
without his consent, and against his ex-
Picss protest.
That dring the circus season of 1908
scid 'Wallace advertised his  circus as
the Carl Ha'genbeclc and Great Wallace
Shoas    Combined,   and   had  posters
pited and Posted far and w'ide con-
taining the picture of Carl Hagenbeck
in juxtaposition to pictures of said Wal-
Iac.
The bill then alleges "that said Wal-
lace has been in the circus business for
many years: that the character of the
exhibitions he has always given and is
now presenting to the public is of such
a low  order that his reputation among
reputable circus proprietors  and   the
public is very bad."
Accuses Wallace of Graft.
The complainant then charges on in-
formation and belief that "said Wallace
conducts what is commonly called a
'graft' show; and he permits and en-
courages the   operation with his said
show of gambling devices such as the
'nut' game and 'shell' game: that he
ives indecent and lewd dances in cer-
tain parts of the tent of said show to
w'hich young men are admitted; that
'short change' men prey upon the pub-
lie and visitors at his Show; that he
sells vile whiskies and other intoxicating
liquors at his show; that he corrupts
and bribes public officials to secure im-
munity for his unlawful, disgraceful and
evil practices, and that the reputation
of said Wallace shows is so disreputable
among those engaged in presenting cir-
ens exhibitions that no reputable owner
will combine his  show with said Wal-
lace, nor permit his name to be used
with the name of said Wallace in the
circus business."
Tie bill then prays for an injunction
restraining the said Wallace from in any
way appropriating or tising Hageibeck's
name or in any manner publishing any
picture or portrait of Hagenbeck in con-
nection with any of Tallace's show  or
animal exhibition  enterprises, or other-
Wise.
Mr. Trnllace when asked for an ex-
pression by THE SHOW WORLD, de-
clined to make any statement regarding
the  case, for   publication. It is re-
ported, however. that he   stated to a
confidant as follows:
"To the man -who is familiar with the
facts in the case it is. of course, per-
fectly apparent that this attnck is only
along the same lines, but under a little
different guise, than the things we have
SHUBERTS TRANSFER                                 MAY PAGE DEAD.
SANFORD TO PHILADELPHIA           ormer Member of Weber & Fields Com-
Kansas City Law Suit Is Delayed an           pany a Victim of Consumption.
Representative Is Sent to Manage                       New York, Nov. 1.
Lyric and Adelphi.              Miss May Page, one of the most popu-
Kansas City, Mo., Oct. 29.  ar and best known of the younger stage
Because there is a likelihood that the   s oo e th     diedoyestae       r
-rsapion at the home of her sister, Mrs.
fight now on between the Messrs. Shu    Jarpcnter, 467 West 163d street.
bert and 0. D. Woodward, which is nov     Miss Page was nearly 26 years old. She
in the courts, will be a long drawn ou   nade her debut on the stage with the
affair, Walter Sanford, who was sent her, togers Brothers, and later joined Weber
from New York by the Shuberts to lool, IFields. She remained with the latter
after their interests in the quarrel, ha  or several years. Miss Page's mother
been transferred to the management oI    ied two years ago, and sne lost her
the Lyric and Adelphi at Philadelphia    atherayearago. At this time she was
Mr. Sanford left here to assume his new  mricken with neuritis, which developed
duties yesterday.                    .   njotto consumption.
Sanford is well and favorably known in             _     _
tonal press and theatrical cireles
WEDDING RECORD IS
BROKEN BY THIS CO.
Six Matrimonial Knots Tied in Flower of
Ranch Cast and Others Pending-
Manager Dull in Name Only.
Omaha, Nov. 1.
Cupid is scoring a hit every time he
twangs his bow   at a member of The
Flower of the Ranch company. A double
wedding was held here at the Schlitz
hotel, the participants being W. H. Tay-
10r and Miss Dolly Bennett, and Jack
Blair and Miss Florence Crystal. To fur-
ther the marksmanship of Dan Cupid,
and incidentally to add to the cares and
troubles of genial Harry Dull, manager
of the company, the latter was told the
next morning that two more weddings
are to be held before the week is over,
and two more at St. Louis.-SMYTH.
ELEANOR ROBSON IN NEW PLAY.
Vera The Medium Has Its Premiere at
Albany-Richard Harding Davis
Dramatized It.
Albany, N. Y., Nov. 2.
Vera The Medium, a four-act play, a
dramatization of Richard Harding Davis'
novel of the same name was given its
premiere here tonight by Eleanor Rob-
soil.
Miss Robson was ably supported by
H. B. Warner, Claude Brooke, Frank
Jamieson, Ernest Joy, Roy Fairchild,
Arthur Barry, Brandon Hurst, Lucille
Watson and Minnie Radcliffe were also
seen to excellent advantage.
The play has been elaborately staged
by Messrs. Liebler & Co. The third act,
which represents a spiritualistic seance,
affords good opportunities for scenic and
electrical effects and proved quite a sen-
sation.
HENRY PAYTON KILLED.
Brother of Famous Stock Actor Run Over
by Train Following His Brother's
Funeral.
Centerville, Ia., Nov. 3.
Corse Payton and his half sister, Mrs.
Mary Gibbs Spooner, arriver here today
to attend the funeral of their brother.
Henry Payton. who was killed Sunday
naorning while attempting to board a
irauving train.
Mr. Payton and Mrs. Gibbs were here
Inst w'eek to attend the funeral of their
arother, SeterPayton. andbad justsar-
rived in New Yorlc when word was sent
to them of the death of the other brother.
ITfenry Payton was the eldest of the
Payton family, and for meny years had
beenastage s perintendentfor Corse Pa-
ton at the ILee Avenue theater, Brook-
Iin. He left Brooklyn last week with
Mrs. Spooner and his brother to attend
th' funeral of Senter Payton. which took
pine on Thursday. but remained over a
few days longer here to visit some friends.
land directed against us ever since the
consolidation of the Hagenbeck and the
Wallace shows.
"The fact that these broadsides have
been harmless Is better attested by Our
business  than by any other standard
that I know of. but that, of course is
the heat and only Solution. I have been
in business for something like twenty-
five years and find the receipts of my
show increasing in every stand that I
make, and have been making, and there
is nothing in the terms of the Hagen-
heck complaint (which of    course has
been framed up at the instigation of our
opposition) that cuts any figure what-
ever.
Wallace Will Fight In Court.
"Their purpose, no doubt, In framinrg
the complaint. was to have the matter
given as widespread publicity as pos-
sible in the hope that it would in some
manner affect me in my business. Their
attacks will be met in the court, and
when the proper time comes I shall of
course establish the fact that I own the
Hogenbeck title, acquired the same in
an absolutely legal  manner, paid my
good money for it, and propose to use
it as long as   I remain in the show
business, which, If I live, will be a goodly
numbTer of years yet.
"This 'billingsgate' form  of complaint
which has   been  very   neatly printed,
will be pruned and expurgated in court
and all the objectionable clauses stricken
out.'
The   Philadelpbia  representative  of
THE STOW     WORLD     interviewed  C.
Lee Williams, who stated:
"The controversy is only a bluff on
the part of certain circus interests look-
ine  for  advertising  notoriety.  The
agreement with Hagenheck is legal in
every way, and will be defended to the
last court. The agreement made four
years ago   for  ninety-nine years. by
Tate. Havlin and Williams. gives them
the exclusive use of   name and trade
marks for the western hemisphere. It
has passed legal inspection once before
in Cinci nnati , and no flaws were fond.
I do not consider the suit seriously."
There was a persistent rumor among
show people that the suilt was to be
withdrawn   hiut  THE SHOW     WORTD
hns been unable to locate its origin.
When interviewed regarding this report,
R. Allen Frost. attorney for Carl Hagen-
hec. stated that there was no truth in
it whatever, and that he had been in-
structed by his client to prosecute the
case with all possible vigor.
CORA GIVEN ITS PREMIERE.
Bertha Kallch Opens in New Play at St.
Louis and is Warmly Received.
St. Louis, Nov. 2
Miss Bertha Kalich was warmly re-
ceived in the first presentation of Fred
de Gresac's Cora at the Garrick theater
tonight. Cora is a play of modern the-
atrical and bohemian life In Paris. From
a starving artist's model she becomes a
Parisian diva, and at the same time, for
the first time, love enters into her life.
The conflict between that love and her
successful  artistic  career  forms  the
theme of the play,
The play is in four acts. The staging
is excellent. Harrison Grey Fiske and
the author were here for the first per-
formance.
MAUD FULTON ILL.
Vaudeville Artist Goes West to Recuper-
ate-Physcians Say She Will Be
Well in a Few Weeks.
New York, Nov. 1.
Maud Fulton. of the well known vaude-
ville team of Rock and Fulton, left here
yesterday for the west to reuperate from
her recent illness.  Her physicians say
that a few weeks in the open air of a
highaltitude willbring her back to robust
health. Shte is booked at thacFifth Ave-
nue for Nov. 23, and it is expected that
by thatatime she wil have fullyrecovered.
William Bode completed the week at
Keith & Proctor's 125th Street theater
vith the assistance of the dainty dancer
Adelaide, who had volunteered and was
gladly accepted. Mr. Bock willualso take
a vacation at Sarmmic Lake until Miss
Fulton's return. Mrs. Rock has been in
poor health for some time and a change
of air was ordered for her.
Jarrett for Sells-Floto?
It is reported that Dave Jarrett, for
many years identified with the advance
forces of the Wallace shows, will join
the Sells-Floto shows for the coming
season.
IDA BEAMER A SUICIDE.
Takes Overdose of Poison Because of a
Love Affair in California.
Alameda, Cal., Nov. 2.
Miss Ida Beamer, an actress, said to
belong to a wealthy family in Pennsyl-
vania, died today at a sanitarium in Ala-
aeda frona the effects of an overdose of
morphine. The police believe the woman
committed suicide because of a love affair.
Miss Beamer recently came to San
Francisco with a comic opera company
from Chicago, was infatuated with a
young man of this city and that she was
engaged to wed him. Three days ago
she received a message from him that
all was at an end between them.
Davidson Succeeds Dunn.
Youngstown, 0., Nov. 4.
E. C. Davidson has taken the man-
agement of Charles Grapewin in The
Awakening of Mr. Pipp, succeeding J. M.
Dunn, and purchasing the interest of the
latter in the production.
J. W. Frankle arrived here Oct. 31
from New York city, to take the position
ofbusiness manager of the organization.
Mr. Frankle is widely recognized as one
of the best business managers in the
profession. The show played a very suc-
cessful engagement here, displaying the
S. R. 0. sign at every performance.-
MORCOMBE.
SHUBERTS AGAIN INDEPENDENT.
New York, Nov. 2.
The Shuberts have withdrawn from the
National Association of Producing Man-
agers and again are with the inde-
pendent movement by a junction with
Harrison Grey Fiske and David Belasci.
The Shuberts say that the cause for
their withdrawal was unfair treatment
by Henry W. Savage, but deny that
there has been any breakwith Kaw &
Erlanger. A statement is expected from
the Shuberts when Henry W. Savage
returns from Europe.
Earl Confirms Report.
Harry Earl has confirmed the report,
published, exclusively in last week's
issue of THE SHOW WORLD, that he
aes to be identified with the Sells-Floto
shows. Mr. Earl declined to affirm or
deny the rumor thatheisto a      s gen-
eral agent under the direction of W. E.
Franklin. It is generally believed, how-
ever, that Mr. Earl will assume the po-
sition of general agent with the Sells-
Flubo aggregation.
Franklin Resting at Home.
W. E. Franklin, general manager of
the Sells-Floto shows, Is enjoying a rest
on his country estate near Valparaiso,
Iad,, prior to his departure for Denver,
Col., where he Is to shortly assume his
duties in shaping affairs for the 1909
tousr.
Philadelphia Notes.
The Bijou gave a professional matinee
last  Friday and was very largely at-
tended with the result that Manager
Dawson had a packed house. Many of
the Prominent players appearing In the
city filled the boxes and seemed to enjoy
The Frivolities of 1018, one of the est
in the Empire circuit.
Those interested in the new    project
for a modern theater to he located In
West    Philadelphia,  have    acquired
ground In the 5200 block on Market
street and are having the plans revised.
to apply tothe dimensions of the ground,
with the Idea of starting operations as
soon as is possible.
Harry Hoagland has just returned from
England, where he went last spring to
take charge of the publicity department
of the White City Park, an American
amusement institution  in   Manchester.
Hoagland, who is president of the Pen
and Pencil Club, has the renutation of
knowing more people    In   Philadelphia
than any othersingle human being.
B. W. McFarland, for the past two
seasons resident manager of the Lyric
and Adelphi theaters, resigned and will
returnto New York to supervise hisown
theatrical  Interests.  Mr.  McFarland's
place will be taken by Walter Sanford,
lately manager of the Shubert theater,
in Kansas City.-WALTER.
Boga Goes to Brooklyn.
Sharon, Pa., Nov. 2.
Mr. Frank Boga, the past two seasons
treasurer of Morgan Grand, Reis circuit,
restgned to accept position In same ca-
pacity at the Broadway theater, Brook-
lyn. N. Y., and has been succeeded here
by Mr. H. E. Lvnch, of Syracuse, N. Y.
-S. H. KOESTER,


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