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I HE MUSIC TRADE REVIEW.
The Truth and a Warning!
'Jhe Orchestral Attachment and Practice Clav- W. E. WHITMORE has been arrested at
ier is radically different, both in its construction Fort Worth, Tex., charged with embezzle-
and its musical and commercial value, from any-
thing else in the market which does not infringe on ment from the Collins & Armstrong Co.
mv patents. So far as I know the Everett people
R. A. SI'ALDINC; has opened a store for
never claimed, until a f ter my Orchestral Attach- the sale of musical instruments at 43 Main
ment and Practice Clavier were put on the market,
to imitate any other instrument than the mandolin. street, Wilkesbarre, Pa. Mr. Spalding was
At all events all their advertisements I ever saw formerly connected with A. R. Bacon.
prior to that time claimed only to imitate the man-
ADAM M. BALL, who pleaded guilty to the
dolin. With my invention we can successfully and
charge
of embezzling $300 from Emil
almost exactly imitate fourteen different instru-
ments ; besides that we have a perfect Practice Wulschner & Son, Minneapolis, has been
Clavier.
sentenced to three years in the penitentiary.
No one but myself, in the United States, can
AMONG the recent purchasers of Aeolians
legally make the Orchestral Attachment and Prac-
was
Mine. Lillian Blauvelt, the celebrated
tice Clavier, and these devices can only be found
in the "Crown" Pianos. I have already brought soprano soloist.
suit against A. B. De Frece, receiver of the Auto-
HENRY SIMES, president of the Spies
maton Piano Company, and Emile Klaber, for
Piano
Manufacturing Co., and Augustus
infringement of my patents, and this is to warn
manufacturers, dealers and the public not to make, Baus returned the early part of this week
buy or sell or use devices which infringe on from a business trip which took in Phila-
patents granted me as follows: No. 527,533, delphia, Baltimore and Washington. They
dated Oct. 16th, 1894. No. 533,661, dated Feb. stopped off at numerous other cities, and
5th, 1895. No. 535,190, dated Mar. 5th, 1895, and
another patent has been allowed this year (1S95) succeeded in placing important agencies
and will soon issue. Suits will be brought against for the "Majestic" piano.
all infringers on these patents.
A NEW stock of handsome pianos in
I claim that my patents do not infringe on those various styles has just been received at the
of anyone else; no court has yet said that they do,
nor do I believe that any court will say that they Bradbury warerooms, 95 Fifth avenue.
do, and in the meantime I hereby guarantee full
IT is said that Messrs. Strich & Zeidler,
protection to dealers and the public in the sale and of this city, will shortly publish a book by
use of the "Crown" pianos containing the "Crown" Mrs. Theo. Sutro, entitled "Woman's Work
Orchestral Attachment and Practice Claviw, fully
covered by patents in the United States and other in Music and Law."
My attention is called to a circular letter issued,
under date of Nov. ath, 1895, by the Everett Piano
Company, of Boston, in which several mis-state-
ments appear. In the first clause of this new
manifesto they say:
"On Nov. 14th, 1894, we issued a circular to the
piano trade, stating that we believed Mr. Geo. P.
Bent was infringing upon," etc.
What they really did say in the circular of Nov.
14th, 1894, was this:
"All persons are hereby notified that the so-
called Orchestrial Attachment contained in the
Crown Pianos manufactured by Geo. P. Bent
of Chicago, Ills., is an infringement of Letters
Patent of the United States," etc.
In the second clause of this circular letter of
Nov. 9th, 1895, they say:
"In the circular above referred to, (that of Nov.
14th, 1894), we warned all manufacturers, dealers
and purchasers of the Orchestral Attachment that
they are liable for damages, if the suit that we
were about to bring against Mr. Bent resulted
in substantiating the claims made by us," etc.
What they really did say in the circular letter of
Nov. 14th, 1895. was:
"You are further notified that under the law any
person who makes, sells or uses such a piano is an
inf ringer and liable to prosecution as such. * * * *
We are about to begin suit * * * * and shall prose-
cute all infringers wherever found, as we may be
aivised."
In the second clause of this new circular letter of
Nov. 9th, 1895, they say:
Very Respectfully Yours,
"Mr. Bent prayed for an injunction restraining countries.
GEO. P. BENT.
us from sending out circulars or other like inform-
ation which he claimed injured his trade. This
injunction was granted in the Superior Court of
Cook Co., Chicago, but has just been dissolved by
the Appellate Court for the First District, Illinois."
The real fact and truth is, as I understand it,
and as my attorneys understand it, that the in-
junction has not been dissolved, for I have appealed
the case to the Supreme Court, and the injunction
will not be dissolved until the Supreme Court says
O. C. KLOCK, of the Braumuller Co., is
that the Appellate Court is right and the Superior
meeting
with great success on his present
Court wrong in regard to this case. I believe that
the Supreme Court will not say so and that the in- business trip.
junction will never be dissolved.
W. H. KELLER, of Easton, Pa., and Mr.
It was because the Everett Piano Company set
themselves up as judge, jury, and the "whole Cressey, of Cressey, Jones & Allen, Port-
thing," to pass upon matters in controversy be- land, Me., were in town this week, and left
tween us, that I applied for an injunction restrain-
ing them from making such statements as they did orders for Kr.anich & Bach pianos.
in their circular letter of Nov. 14th, 1894, and in
CHAS. E. BROCKINGTON, of the Mason &
the trade papers about that time, for I contend
Hatnlin
Co., is visiting the Atlanta Exposi-
that until some court has decided that the Orches-
tion.
tral Attachment is an infringement on their patent,
that they had not then, and have not now, any
A HANDSOME music trade establishment
right whatever to make the bold, bald assertion
that the Orchestral Attachment was or is an in- will be opened at Springfield, Mass., by M.
fringement. They might have said, without ob- P. Conway, of Holyoke, Mass. He will
jection on my part, what they say now, namely:
carry a very complete stock of pianos,
"We wish now again, {not again, for they did organs and small goods.
not say then what they say now—far from it), to
J. R. MASON has rented warerooms and
say that we are advised that the Orchestral At-
tachment is an infringement on the Plectraphone will sell pianos at Danvers, Mass.
Patent, and if this be so proven," etc.
J. A. WITHAM & BRO. have opened up a
My suit for injunction was brought because they
pre-judged the case, and decided its merits for piano wareroom at 523 North Main street,
themselves, (in their own favor, of course), with- Findlay, O.
out the aid of judge, jury or legal proceedings of
any sort, and, furthermore, because they made
MILLER & BLODGETT is the name of a
certain statements about a year ago which were new music trade establishment which will
not true, and made other statements which still shortly open up business at Northampton,
remain to be proved.
I submit that presumption is decidedly against Mass.
the claims of the Everett Piano Company from the
THE receiver's sale of the working plant,
fact that three patents have been granted me, and
tools, machinery, patents, etc., of the Auto-
a fourth patent allowed on my Orchestral Attach-
ment and Practice Clavier, all of them since the maton Piano Co., took place Thursday of
date of their patent, which they claim I infringe. last week. The chief purchaser was a Mr.
One would presume that the patent office would not Doyle.
•
"..•••
allow me four patents, since the date of theirs, if
D. N. MCKINNEY, of Marshall & Wendell,
any or all of my patents infringed on theirs, which
was granted be f ore any of mine were.
Albany, N. Y., is making a Western trip.
WE are in receipt of "The Cuban War
March," which is the title of an excellent
composition full of martial swing and " g o "
which should inspire the Cuban patriots to
victory. Otto Langey is the composer of
this creditable composition, and it is pub-
lished by the well-known house of Harry
Coleman, Philadelphia.
IRWIN & FRENCH, of Frankfort, Ind., in-
tend to open a branch store at Charleston,
111.
Why Dealers Should Look Up the
Newman Bros. Organs.
T
O dealers who are acquainted with the
organs manufactured by the Newman
Bros. Co., Chicago, it is hardly necessary
to say a word anent these instruments, but
there is always a wide circle of old and
new dealers who have not had occasion
heretofore to examine, or who probably
neglected examining, these handsome spec-
imens of Western enterprise.
Newman
Bros, organs have won an international re-
putation, especially for their magnificent
tone quality, which is due to the many
valuable improvements embodied therein.
In addition, the artistic designs of case
which are symmetrical, pleasing to the eye
and neatly finished, have done much to
make them favorites with the public.
The piano-cased organs, which they have
lately introduced, are probably the greatest
success of this house. They are as attrac-
tive as the high-priced piano, and are
turned out in fancy woods. They are be-
coming as popular in the English market
as at home.
The Newman Bros, organs
are instruments that should make money
for ambitious dealers. The many improve-
ments which they contain are all of value
and not "catch-pennies."