Music Trade Review

THE MUSICAL CRITIC AND TRADE REVIEW.
THE BURDETT-ESTEY ORGAN CASE.
THIRD ARTICLE.
Our Special Investigations Continued.
THE
RECENT
November 5 th, 1880.
the failure of the old firm of Boardman, Gray & Co., all the stock, fixtures,
tools, etc., etc., and employed Mr. J. Gray as superintendent in his factory.
If this action did not make McCammon the lineal successor to the firm of
Boardman, Gray & Co., we fail to see how anything could; but after all the
main question is not whether Edward McCammon is or is not the successor
to Boardman, Gray & Co., but whether anybody except McCammon could
possibly be making such an instrument after all the scales, plates, tools, etc.
had been purchased by him, and the firm of Boardman, Gray & Co. ex-
tinguished by bankruptcy. I t would seem that the end of the firm of Board-
man, Gray & Co. was also the end of the Boardman, Gray & Co. piano.
DECISION.
ORGAN OPENING.
FINE organ of great power and beauty destined for the church of St.
Charles Boromeo, in Brooklyn, was opened at the factory of Messrs.
WHAT THE MASTER IN THE CASE SAID ABOUT IT
J. H. & C. S. Odell, in West 42d street, this city, on the afternoon of the 26th
inst. Many prominent organists, musicians and members of the press, were
present at the opening.
CURIOUS FEATURES OF THE CASE.
This organ possesses many new features, including the double acting
pneumatic composition pedals and the pneumatic tubes to the base notes,
both of which are patented by Messrs. J. H. & C. S. Odell.
THE REGENT DECISION.
Over 1,500 combinations can be made on this organ without touching a
N continuation of our remarks iu our last issue upon the merits of the
celebrated organ case, we may quote the words of ex-Governor Stewart, draw stop or taking your hands off the keys.
Its mechanical arrangements are said to be superior both in number and
spoken to the Rutland, Vermont, correspondent of the Boston Evening
quality to those of any other organ built in this country or in Europe. I t is
Journal, last July.
We stated in our last that the decision in the case simply determined how an instrument of extraordinary power, the Tuba Cornet being worked under
much money was involved in it, and for what proportion the defendants were a pressure of ten inches.
The following is the scheme :
liable. In the report of ex-Governor Stewart, who was master in the case, it
The organ has three manuals and pedals.
was found that Estey & Company had made $150,000 in their business within
Compass of manuals from CC. to A., 58 notes.
a certain period, and that whatever was due to Burdett was embraced in that
Compass of pedals from CCC. to F., 30 notes, and contains the following stops and
sum. He reported that Burdett swore that this money was received " on ac-
count of the pleasing and beautiful effect produced by tuning two sets of arrangements, viz.:
reeds out of tune with reference to each other," which was not patented; and
CHOIR MANUAL.
GREAT MANUAL.
Feet. Pipes.
that he cannot, from any evidence submitted to him, form any estimate of the
Feet. Pipes.
1. Open diapason
metal 8
58
money-value of Burdetts invention, and dismissed all claims for damages. This I. Grand double open
2. Dulciana
" 8
58
report was submitted to the court for approval on the facts as stated. The
diapason
metal 16
58
3. Keraulophon
" 8
58
court simply allowed the entire amount with interest, from the time Burdett 2. Open diapason
"
S
8
4. Melodia
wood 8
58
"
entered a disclaimer of certain portions of the patent, which the court held 3. Gamba
5. Violina
metal 4
58
58
flute
wood
bad, and without any costs upon the entire suit. Estey & Co. took an ap- 4. Clarionet
6. Flute d'amour
wood 4
58
metal
58
peal to the Supreme Court, where it is confidently expected that this finding 5. Principal
7. Flageolet
metal 2
58
6. Harmonic
flute
"
will be set aside.
8. Clarionet
" 8
46
7. Twelfth
"
58
9. Tuba cornet
" 8
58
8. Fifteenth
"
58
GOVERNOR STEWART'S REMARKS.
9. Sesquialtra, 3 ranks... "
174
PEDAL
ORGAN.
In the interview published by the Eutland, Vermont, correspondent of 10. Trumpet
"
58
Feet. Pipes.
the Boston Evening Journal, the following occurred:
1. Grand open diapason. wood 16
30
The conversation now turned to political matters of the Second District,
2. Grand bourdon
" 1 6 30
SWELL MANUAL.
and the probability of Hon. James M. Taylor, of Brattleboro', being returned
3. Violincello
metal 8
30
Feet. Pipes.
to Congress from that district, as the convention is to be held next Wednes-
4. Trombone
" 16 30
1. Bourdon
wood 16
58
day at White River Junction.
COUPLERS, ETC.
metal 8
58
'' Mr. Stewart, there is considerable talk on the east side of the mountains 2. Open diapason
3. Salicional
" 8
58
1. Swell to great manual unison.
that Mr. Tyler, as a legal adviser of Waite, came to you and attempted to 4.
diapason
wood 8
58
2. Choir to great manual.
corruptly influence you as to the award in the celebrated Waite-Estey organ 5. Stop
Octave
metal 4
58
3. Swell to choir manual.
suit? "
6. Cornet, 3 ranks, various " o 174
4. Great to pedals.
That requires some explanation," said Mr. Stewart. " I was appointed 7. Cornopean
" 8
58
5. Swell to pedals.
Master to take testimony as to the award and amount of business done by the 8. Oboe
" 8
58
6. Choir to pedals.
Estey Organ Company. While at Brattleboro' Mr. Waite made some very 9. Piccole
" 2
58
PATENT REVERSIBLE COUPLER.
foolish remarks, and many of the first citizens of Brattleboro' endeavored to in- 10 Flute traverso
wood 4
58
1. Swell to great.
fluence me in favor of Waite, as if I was to decide the famous controversy. Many 11. Tremulant.
ladies endeavored to indirectly influence the result, but I can honestly say
this much: None of Mr. Waite's counsel ever attempted such a course.
Neither Mr. Tyler nor Mr. Phelps ever came to me with any such intentions. PATENT PNEUMATIC COMPOSITION GREAT PATENT PNEUMATIC COMPOSITION ON
ORGAN.
They are too smart and stand too high in the legal jarofession to attempt such
SWELL ORGAN.
a course. I am willing to say, when I made the award I believed that was the
1.
Full
swell.
1.
Full
organ.
last of it. As to me, the law was perfectly clear, and as the 'Harvey Dayton' 2. Full to mixture.
2. Full to cornet, except bourdon.
organ was decided to be genuine, there is no doubt in my mind but what the Su- 3. Full to principal, except double open.
3. Full to principal.
preme Court will reverse the decision of the Circuit Court and declare the patent 4. All of the eight feet stops.
4. All of the eight feet stops.
invalid. If Mr. Tyler visited Middlebury College, I do not remember as he 5. Gamba and flute.
5. Eight feet stops without reeds.
came to see me. He is perfectly innocent of this charge."
6. Keraulophon and clarionet flute.
6. Salicional, dulciana, and stopped dia.
7. Oboe and stopped diapason.
The above remarks are certainly strong, and coming from such a source 7. Clarionet flute.
8. Harmonic flute.
8. Vox Humana.
appear to be thoroughly conclusive.
A
I
CURIOUS FEATURES OF THE CASE.
THE ESTE7 ORGAN ABROAD.
It might seem from the way in which we originally alluded to Silas M.
ESSRS. HODGE & ESSEX, the sole London agents for the " Estey "
Waite, the Brattleboro' defaulter in connection with this case, that we
organs, have addressed the following circular to the English trade :
wished to bring him into it with little show of reason, but the latest phases of
" 637 ARGYLL STREET, REGENT STREET,
the trial appear to have developed a three-fold aspect of the case :
"LONDON, W., September 25th, 1880.
1st.—It was Mr. Riley Burdett who was managing the organ case, yet
"DEAR SIR :—We have the pleasure to inform you that, in consequence
swearing that this man Waite was his partner.
2d.—When Moses O. Nichols came to play his part in the nefarious of the increasing demand for the unrivaled " Estey " organs, we are remov-
scheme in which there were evidences of attempted blackmail, perjury, and ing to more extensive premises, at No. 42 Holborn Viaduct, E. C , where we
vile insinuations, Mr. Converse, vice-president of the Burdett Organ Com- shall feel obliged by your kindly addressing all future letters and commu-
pany, appears as the man paying the said Nichols'^bills, and advancing him nications.
money.
" Thanking you for past favors, and trusting that we may receive further
3d.—But, when the final testimony in the case was taken it appeared that orders from you,
" We are, dear sir, yours faithfully,
Silas M. Waite was the manager and apparent owner of the claim, and was
only using Burdett as owner of the patent involved in the dispute, and to
"HODGE & ESSEX."
work his (Waite's)
own scheme for tiding over the wrecked condition of the
1
Brattleboro" bank, of which he was president, and so arranging matters that
HIGHER PRICES FOR GERMAN PIANOS.
in the general smash up which he knew was sure to come, all hands would
STRIKE OF GERMAN PIANO ARTISANS.
go down together.
STRIKE of artisans engaged in the piano trade has recently taken place
in Germany. The matter has very properly been adjusted, and the
men are to receive an increase of ten per cent. pay. There is no doubt that,
WHERE IS THE BOARDMAN & GRAY PIANO ?
considering the longer hours and small pay which have hitherto ruled in Ger-
r
1 ^HE old feud about the succession to the name of Boardman, Gray &• Co. many, the men deserved an increase, and it is a matter for congratulation
J_ comes before the trade again in the shape of a circular, issued by Mr. that it was accorded by the masters without any protracted struggle.
Edward McCaininon, of Albany, called out by a circular of Whitney & Cur-
The chief point of interest to the English trade is, however, the fact that
rier, of Toledo, claiming to represent the manufacturers of the Boardman & the list prices of German pianos must be increased at least ten per cent. As
Gray piano.
the higher pay must be allowed in every German workshop, the ten per cent,
The claim of Edward McCammon to be the successor to the firm of addition to list prices will, it is stated, eventually be adopted by every Ger-
Boardman, Gray & Co., seems to an ordinary observer to be pretty well man maker on all classes of goods. Some makers have already sent out to the
established by the facts stated by him in his iirst circular, viz., that William trade circulars to this effect.—The London and Provincial Music Trade
McCammon, the predecessor of Edward McCammon, bought at the time of Review.
M
A