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THE AFFIDAVIT OF CLARA L. DELANEY
IN THE BEATTY AFFAIR.
UNITED STATES OF AMERICA,
•88.
DISTRICT OF NEW JERSEY.
LARA L. DELANEY, being duly sworn on her
oath, saith, that she is a resident of the city
of Brooklyn, of the State of New York; that
she has heard of and had correspondence with Daniel
F. Beatty, who assumes and pretends to be a manu-
facturer of pianos and organs in the city of Wash-
ington, in the State of New Jersey; that in pursuance
of an offer heretofore made to her by the said Daniel
F. Beatty, she ordered an organ which she supposed
was made by the said Daniel F. Beatty according to
his offer for the same for thirty-nine dollars and fifty
cents, which offer was contained in a circular sent
by said Beatty through the Post-office establishment
of the United States, and so received by deponent,
which sum of money she mailed to him on the 14th
day of September last, by check of the Nassau Na-
tional Bank of the city of Brooklyn, which check has
been returned to said bank indorsed by the said
Daniel F. Beatty, and acknowledgments received
from him that he received the same, which said sum
of money he has received and appropriated to his
own use.
And deponent further states that on or about
November 12 last, after waiting for a period of eight
weeks after sending the money to said Daniel F.
Beatty, she received an organ far inferior in style, in
workmanship and in every possible respect from that
which the said Daniel F. Beatty advertised by cir-
cular now in her possession as the " Beatty organ
new style, number 61,000."
And deponent says that immediately after the
receipt of said organ, to wit, November 13th, she
wrote that she was very much disappointed and dis-
satisfied because the organ and case did not conform
either in size, style or workmanship to the descrip-
tion given in his said circular; that it was cheap-
looking and inferior in every way. Said circular is
hereto annexed, marked "A."
Further, that she had the organ examined by an
expert and found that it did not contain the number
of sets of reeds it should have contained ; that there
were but twelve stops, while there were thirteen in
the cut in the circular, and that she was not at all
satisfied with the organ, and demanded therein that
the said Daniel F. Beatty should return the money
for the same at once, togother with the expenses of
transportation, deponent having reshippedsaid organ
to said Beatty, and that she had been called upon to pay
eighty-five cents for freight and two dollars for ship-
ping from New York to her residence in Brooklyn,
and six dollars for boxing and reshipping, and ask-
ing the immediate attention of said Daniel F. Beatty
to her letter. As a matter of fact, in no respect was
the organ similar in style, workmanship, material
or quality to that ordered by her.
And deponent says that said Daniel F. Beatty has
been corresponding with her ever since, on her part
expressing the determination (since carried out), and
the said organ so reshipped being reclaimed by said
Beatty, to return the organ, which did not comply
with the terms of the circular in any single respect,
until the 13th day of November he began to write her
that she must allow him three dollars for a new box
which he claims was broken, and telling her that " he
wanted to deal square with her, and asking her to
accept one of Beatty's best parlor pipe orgars" with-
out extra pay if I would let him ship it, and asking
me what I had to say in reference to it, and sending
me also another circular at the same time, through
the mail of the United States Post-office establish-
ment, of the " pipe organ " which he proposed to
send me instead of the one which he actually did
send me of an inferior style, workmanship and
material, a copy of which is hereto annexed and
marked Exhibit B.
And deponent further says that on the first day of
December she wrote another letter, sending the same
postage prepaid, saying " that she did not want the
pipe organ, that she either wanted the organ ordered
or the money and that at once," and demanding im-
mediate attention to her request, which letter evi-
dently was received by the said Daniel F. Beatty in
due course of mail, for on or about the 31st day of
November, instant, deponent received a letter from
the said Daniel F. Beatty through the mail of the
United States Post-office establishment, including the
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THE MUSIC TRADE REVIEW.
following statement: " I wish you would let me build
to order and ship Beatty's best parlor pipe organ. It
is a beautiful instrument and I will not charge you
any more money; but I want you satisfied, for if I
return the money you will always be angry at me; it
is far superior to the organ you ordered. Please
answer." To which letter the deponent answered
December 4 in the following words :
"Your letter to hand. In reply would say that I
shall get angry with you if you do not send at once
either the organ I ordered or the money. This will
be my last communication on the subject."
And deponent now says that she has made every
proper and reasonable effort which she could make
without recourse to the law to compel the delivery
to her of the organ which the said Daniel F. Beatty
advertised as made and manufactured by him and to
be sold for the price and sum of thirty-nine dollars
and fifty cents, as per the advertisement in her pos-
session, and which advertisement was sent by said
Beatty through the mails of the United States Post-
office establishment, which the said Beatty will not
send nor will he return the cash she sent, although
often demanded.
Deponent further says that she of late has been
active and energetic in finding out the actual financial
situation of Daniel F. Beatty and his so-called organ
business, and the result is she finds, as a matter of
fact, that the said Daniel F. Beatty is a bankrupt,
utterly unable to pay his debts ; that he is not a man-
ufacturer of organs or of pianos, nor has he any fac-
tory, as he pretends; nor does he own any property
in the State of New Jersey; that he failed in the year
eighteen hundred and eighty three or four, leaving a
large number of creditors and a large amount of
debts on hand and due from him, together with hun-
dreds of organ orders unfilled and the money there-
for due to the people who had forwarded him money
from all parts of the United States; that she is fur-
ther informed by those who actually do build organs
that all the representations BO far as referred to the
building of organs similar to that which he agreed
to furnish her for the sum of thirty-nine dollars and
fifty cents were fraudulent and false, and that it is
not possible, as she finds, to buy or to order or to
have made an organ similar to the one he advertised
for any such sum of money, nor has the said Daniel
F. Beatty ever made one or owned one or had on
hand such a one to sell to any person. And that, as
a matter of fact, it is impossible for him as a dealer
in organs to order such an organ made or to have it
made for less than the sum of sixty dollars, if it can
be made at all, and that the organ whith she received
was an organ inferior in appearance, in design, in
workmanship, and was not the organ, or even sim-
ilar to the organ, ordered in any respect.
And deponent further says that she is informed,
and believes it to be true, that the said Daniel F.
Beatty is nothing more or less at the present time
than a speculating advertiser without capital in bus-
iness, without a factory, without any ability to sup-
ply orders for the organs, except as he can procure
the same to be manufactured by other builders or
from other dealers.
And deponent further says that the said represen-
tations and all of them in the said circulars so sent
and made by the said Daniel F. Beatty are fraudu-
lent and false, and was a scheme or artful device by
the said Daniel F. Beatty to defraud deponent and
others by using the post-office establishment of the
United States for that purpose.
And deponent further saith that all of the said rep-
resentations so made by the said Daniel F. Beatty by
said circulars and otherwise through the mails were
parts of a scheme or artifice devised by the said
Beatty to defraud deponent by the use of the post-
olTice establishment of the United States for that
purpose. Contrary to the provisions of section
5,480 of the Revised Statutes of the United States.
ASSIGNMENT OF WOODWARD & BROWN.
BOSTON, Dec. 28,
1886.
To THE MUSIC TRADE REVIEW :
GENTLEMEN : You are hereby notified that Arthur
S. Woodward and John P. Brown, copartners under
the firm name of Woodward & Brown, have this day
assigned to Francis H. Raymond of Summerville,
and Henry R. Daniels of Brookline, all their firm
and individual property for the|beneflt of their credit-
ors, without preference, except ns provided by the
insolvency laws of Massachusetts.
FRANCIS H. RAYMOND, I
HENRY R. DANIELS,
\
Asslffneea
A88l nees
g
-
The firm of Woodward & Brown is one of the
oldest Boston piano houses, being established in
1843 and has always occupied a high position for
honest dealings. It was considered to have been a
very conservative house, and the news of the as
signment was a surprise and regret to everyone-
One of the principal causes of the assignment was
due to the failure of C. 0. Heintzmann of Provideuce,
R. I., who was Indebted to the firm nearly $7,000.
There are none of the creditors of Woodward &
Brown but what express the deepest sympathy for
their misfortune and express themselves as anxious
to aid the firm in any way possible. An investigation
of the affairs of the concern show, in round numbers,
liabilities $3S,000 and assests $51,000. There is no
doubt but that an equitable settlement will be
speedily made and the business continued. We shall
do all in our power to aid the firm, as we have always
considered it one of the most honorable houses In
the music trade and the trouble has been brought
upon it through the misfortunes of others.
MRS. MINNIE HAUK PURCHASES A KNABE
GRAND.
NEW YORK, Dec. 20,
ME&SRS. WM. KNABE &
188G.
Co.:
GENTLEMEN : The grand piano you furnished me
!or my concert tour, just ended, has still further con-
vinced me of the superiority of your pianos. They
are, indeed, unequaled, and I have determined, there-
fore, to purchase the above grand for my London
residence, and have directed my agent to make the
necessary pecuniary arrangements with you. Please
make shipment by early steamer to my address,
London, England, care of Messrs. Metzler & Co.,
and believe me
Your sincere friend,
MINNIE HAUK.
TO THE CREDITORS OF STURTEYANT & CO.
N pursuance of aa order made by the Hon. Henry
W. Bookstaver, one of the judges of the Court of
Common Pleas for the City and County of New
York, on the 22d day of November, 1886, notice is
hereby given to all the creditors and persons having
claims against Joseph W. Sturtevant and Arthur B.
Kellogg, individually, and as the persons composing
the late firm of Joseph W. Sturtevant & Co., lately
doing business in the city of New York, that they
are required to present their claims, with the vouchers
therefor duly verified, to the subscriber, the duly ap-
pointed assignee of the said firm Joseph W. Sturte-
vant & Co., for the benefit of their creditors, at his
place of transacting business, to wit, at the office of
Daniel P. Hays, No. 170 Broadway, New York City,
on or before the 21st day of March, 1887.
Dated New York, Nov. 23, 1886.
I
EDWARD A. RAWIIINGS,
Assignee.
DANIEL P. HAYS,
Attorney for Assignee,
170 Broadway, N. Y. City.
THE DRUMMERS WISH.
(HOTEIi WORLD.)
I wish I had a line of goods
That no one ever had,
And every merchant wanted,
And wanted awiul bad.
I'd send the trade a little card,
And tell them " I'm in town,"
And if they wanted any stuff
They'd better come right down.
I'd treat them as they treat me now;
I'd make them feel quite "dizzy,"
And when they came around to call
I d say " I'm very busy."
" I guess you better come again "
I'd eay to some I know :
" If you don't want these goods of mine,
Just take your traps and go."