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THE MUSIC TRADE REVIEW
son? who opposed its attitude on this law. Some
of the articles complained of mentioned plaintiff
by name. One of them he claims referred to him
Interesting Decision Handed Down by Judge
directly or indirectly. If that be the fact, and, as
Cohalan in Demurrer Proceedings Brought
I have said before, the defendant by demurring
by Defendants Each and All of Which Were
admits h to be the fact, then surely is the plaintiff
Overruled by the Judge with Costs.
entitled to have a jury pass upon the question of
]n the suit of Nathan Burkan, an attorney well
the truth of the charges.
and favorably known in the music trade, for ai-
"It is no slight matter for a trade publication to
ieged libel against the Musical Courier Co.. in- say of an attorney that he is a "legal fourflush,'
volving the complainant's attitude on certain copy- 'has been fleecing his client out of large sums of
right matters, which was up on demurrer proceed- money,' 'is an ignoramus, a knave, a charlatan.'
ings instituted by the defense, Judge Cohalan, New
When the defendant adds to these charges the
York Supreme Court, Special Term, Part ?, in a further ones that 'he has been taking money under
decision recently handed down overruled each false pretenses,' 'making school-boy arguments,'
canst of action with costs. The decision follows: 'giving false advice as a lawyer and lobbyist in
"Plaintiff, a practicing attorney making a spe- receipt of easy money' and 'plays the star part of
cialty of copyright law, brings this action against Judas,' it accuses him of almost everything con-
the defendant corporation, the publisher of a ceivable that would render him unfit to practice as
periodical known as 'The American Musician and
an attorney. Under the authorities there is no
Art Journal,' for certain alleged- libelous articles question that these articles are libelous. 'Words
published and circulated in said periodical. The winch tend to injure a party in his trade, occupa-
articles complained of are eight in number, and tion or business' are libelous (Moore vs. Francis,
are set forth in eight separa'e and distinct causes 121 N. Y., 104; see also Mattin vs. Wilcox, 147
of action. Seven of the alleged causes of action, N. Y.~<>24, and Bornmann vs. Star Co., 174 N. Y.,
being numbers one to six, inclusive, and number 212).
eight arc denied by the defendant on the "Plaintiff's right to aver that the articles that
ground that they 'do not state facts sufficient 10
did not mention his name referred to him cannot
constitute a cause of action.' The matter is now
be questioned and is sufficient: proof of that fact
before the court on the plaintiff's motion for judg- in this motion (Van Heusen vs. Argenteau, 104
ment overruling these demurrers. In determining
N. Y"., 309). Nor can the defendant on this de-
this question it must be remembered that the de- murrer plead that the articles complained of re-
fendant's demurrers admit the truth of the allega-
ferred to the class of persons and not to the plain-
tions set forth in the different causes of action.
tiff. (Weston vs. Commercial Adv. Ass'n, 184
Briefly summarized, the articles complained of, all N. Y., 170). The defendant's demurrer to each
of which are alleged to have been published by de-
of said causes of action is overruled, with leave
fendant and to refer to the plaintiff, charge—in
to answer within twenty days on payment of costs
the first cause of action—that a certain statement
to date. Settle order on notice."
made by plaintiff 'betrays an ignorance so palpable
Either an answer must be filed within the time
as to make that gentleman's pretensions to knowl- specified by the court or an appeal taken to the
edge of copyright law bear the aspect of a legal Appellate Division of the Supreme Court in thirty
fourflush.'
davs.
"In the second cause of action the defendant
states that it proposes 'to puncture the soap-bubble
DEATH OF WM. F. TWAY
reputation of cerlain alleged copyright experts
who have been Heecing you (meaning some of its The Weil-Known Piano Man, While Tempo-
readers) out of large sums of money for lobbying
rarily
Insane, Commits Suicide—Brooded
and other purposes. * * * If these men are • Over the Death of His Son.
not aware of the facts they are simply igno-
ramuses.' The article further characterizes these
William F. Tway, who for many years had con-
men as 'knaves' and again as 'charlatans.'
ducted a retail piano business on Fifth avenue be-
"In the third cause of action these experts are tween 14th and loth streets, New York City, com-
referred to as 'taking money under false pretenses.' miLed suicide on Saturday last in the bathroom
"In the fourth cause of action the plaintiff is of his home, 41(i Putnam avenue, Brooklyn. He
shot himself in the left breast with a revolver
again mentioned by name and accused of using
'arguments which would have brought discredit to which instantly caused death.
a p n m a r y school boy's composition, and which
A year or so ago William E. Tway, a son of the
manifested lanienable and astonishing ignorance deceased and a most popular young man in the
of the whole subject of copyright.'
trade, died suddenly in New Rochelle. He was
"The fifth alleged libel, referring to legal advice an only child and the father was completely heart-
received by one Feist (whom plaintiff alleges was broken by his death. Since that time he had not
his client), says: 'It is impossible for us to believe been himself, and increasing despondency, com-
that any lawyer * * * could give such amaz- bined with the extremely hot weather for the past
ingly false advice unless he was deliberately aiming two weeks, culminated in Mr. Tway becoming tem-
to lead his client astray or was non compos mentis.' porarily insane with the sad result above chron-
The sixth ar.icle, referring to certain legal Don icled.
Mr. Tway was sixty-five years old, and con-
Quixotes, goes on to say, in speaking of a then
recently enacted copyright law: 'No one can pos- ducted a piano business at 12(51 Atlantic avenue,
Brooklyn, where he also manufactured pianos in a
sibly derive any advantage from the enactment
* . * * with the possible exception of those astute small way following his withdrawal from New
lawyers and lobbyists who arc in receipt of the York some years ago. He visited the factory on
Saturday and left there about noon for home. He
"easy money fund." '
"And, finally, in the eighth and last of these spent the afternoon reading and talking to his wife
articles, and under the heading 'Recapitulation,' we and Mrs. Bennett, wife of Dr. Frank Bennett, the
find the statement: 'They (meaning the persons Tway family physician. Mr. Tway suddenly left
interested in these matters) now know who were the party and had been gone only a few minutes
cast for the parts of decoy ducks * * * and when the women heard a shot in the bathroom.
They rushed upstairs and found Mr. Tway lying
who played the star part of Judas.'
on the floor with a revolver by his side. The
"The defendant, apparently, was greatly inter-
doctor, who lives in an adjoining house, was called,
ested in the copyright law also referred to. It
must also appear there that it was unsparing in but when he arrived Mr. Tway was dead.
The Tway family was of revolutionary stock.
its characterization and its criticism of those per-
BURKAN VS. MUSICAL COURIER CO.
WINTER & CO.
220 SOUTHERN BOULEVARD, NEW YORK
Manufacturers of
The grandfather of the deceased, William Tway,
had taken part in many battles of the revolution,
notably the Bunker Hill, the Long Island cam-
paign and the siege of Yorktown. His father,
William G. Tway was for many years a well
known business man in the eastern district of
Brooklyn.
William F. Tway was a deacon of the Marcy
Avenue Baptist Church, where the funeral services
occurred en Monday evening, and was also a mem-
ber of Hyatt. Lodge, F. & A. M., and of the Phil-
adelphia Council Royal Arcanum. A widow and
brother survive him. The interment, which was
private, was in Greenwood Cemetery.
BAUER WITH LAUTER CO.
Henry R. Bauer Recently with Weser Bros.
Will Assume General Management of the
Wholesale End of the Lauter Co.'s Business
on July 24th—An Experienced Piano Man.
Henry R. Bauer, who for the past year and a
half has been in charge of the sales and advertis-
ing department of Weser Bros., New York, and
before that for two years with the publicity depart-
ment of Kohler & Campbell, has joined the forces
HENRY K. HAUKR.
of the Lauter Co., the well known piano manufac-
turers, of Newark, N. J., and on July 24 will be-
come general manager of the wholesale end of
their extensive business.
In his various positions Mr. Bauer has displayed
the greatest energy and ability, and has won the
esteem of all with whom he has come in contact.
That he will give a good account of himself in his
new sphere of operations goes without saying, for
this has been the history of his career since he be-
came connected with the music trade industry.
He has a wide knowledge of music trade conditions
throughout the country, and is well qualified by
knowledge and experience to fill his new position
with distinction. He has the best wishes of a host
of friends for his success.
D. G. Pfeiffer, manager of the W. F. Frederick
Piano Co.'s branch in Washington, D. C, is now
enjoying a vacation in Canada.
Superior Pianos
and Player Pianos