Music Trade Review
Issue: 1905 Vol. 41 N. 10 - Page 43
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE: MUSIC TRADE REVIEW
43
COUCHOIS HELD FOR THE GRAND JURY
another effort to have nis client discharged or
the bail reduced, which he declared was pro-
hibitory, but without avail. Magistrate Breen,
As the Resultof a Complaint Filed by F. W. Helmick—Claim the Accused Obtained $30 on False
however, permitted Mr. Cantwell to nle a brief
Pretenses by Selling Spurious Copies of "The Holy City"—Some Surprising Testimony—
Tuesday on legal points.
Chat with George Maxwell on the Situation.
When Couchois was apprehended he had sum-
moned to Jefferson Market Police one Robert
Friday last Garrett J. Couchois was arrested
company covering both trips. On the strength
for the fourth time in connection with the of this, Helmick said, and the personal guaran- Robert?, salesman for P. J. Howley, who is said
charge of counterfeiting copyright music. The tee of the accused that the music in question was to have innocently disposed of 1,000 spurious
complaint was filed by F. W. Helmick, former bona-fide in every respect, he was led to believe copies of "The Holy City" to the McKinley Mu-
manager of the Enterprise Music Supply Co., nothing was wrong, and so informed his em- sic Co., New York, about three weeks ago, for
which he had been given the latter's check for
Goetting's New York jobbing house, who swore ployer.
the accused had obtained $300 from him on false
At this point Counsellor Cantwell, for the de- $200. With the talk current in the trade about
the song, Roberts thought it advisable to consuk
pretenses by selling his firm 4,000 alleged spurious fense, attacked the witness savagely, and tried
copies of "The Holy City," the money being ad- to create the impression that the music was Mr. Burkan regarding the transaction, and the
vanced on account. Couchois was taken before genuine, and declared the difference between the latter advised him not to pay the money over to
Magistrate Breen in the Tombs Police Court, who goods offered in evidence and that claimed to be Couchois. A summons was thereupon obtained
held him for examination the following day in published by Boosey & Co. could not be detected, by Couchois for Roberts to appear in court to an-
$1,500 bail. Being unable to furnish bond the as they were of one and the same description. swer Friday last. The Helmick complaint was
prisoner was locked up. Saturday the examina- Further, it was the learned counsel's opinion that being made out at the same time, and the case
tion lasted over two hours before the same mag- his client had purchased the goods in London, was held long enough to allow of Couchois being
taken into custody, and then the Roberts matter
istrate, and at its conclusion Couchois was held England, from whence they had been shipped
was
adjourned until Tuesday, when it was dis-
for the grand jury, and again was sent to the abroad, and so on and so forth. On these and
Tombs. The testimony was of the most sensa- other grounds he asked to have the case per- missed, as no complainant appeared.
George Maxwell, manager of Boosey & uo., was
tional character, and apparently a great surprise emptorily dismissed for lack of incriminating
seen by The Review Tuesday. He said: "We
\o the accused, who has heretofore kept up a evidence.
great front.
Deputy Assistant District Attorney Johnston, cannot say too much of the evidence we have re-
F. W. Helmick, the complainant, gave the de- who appeared with Nathan Burkan, then stated garding this wholesale counterfeiting of music;
tails of the transaction, stating that Couchois they had a couple of witnesses they would like but so far as T h e Holy City' is concerned our
had offered him the 4,000 copies of "The Holy to examine before the motion for dismissal was testimony seems to be of the most incriminating
City" at a cut price—about 19 cents—on account argued. Then P. J. Howley, publisher, and Geo. character. We never had any dealings with ex-
of a returned shipment of the goods from a Maxwell, manager for Boosey & Co., were called. port houses, and the stamped receipt mentioned
South American point, to which they had pre- The former's testimony was perfunctory and as being shown by Couchois to Helmick is a for-
viously been shipped by an exporting house, brief, while Mr. Maxwell testified he never sold gery of the grossest kind. This could be the basis
who had purchased the same from Boosey & Co., any music whatsoever to any exporting house, of another suit, let alone the one of grand lar-
had never receipted for the sale of any music to ceny charged by Helmick before Magistrate
the rightful publishers. This was in the early
part of May of this year. The witness also testi- the defendant and pronounced the bill of sale in Breen on Saturday. Another could be made from
fied that his principal, Goetting, becoming sus- evidence a forgery. He also submitted a certified the stamping of Stephen Adams' name on the
picious that everything was not according to copy of the official registered title to "The Holy copies of 'The Holy City.' We are authorized to
Hoyle, had instructed him to withhold the mu- City," on which Mr. Cantwell made a fierce on- use Mr. Adams' name, and the counterfeit rub-
sic from sale until the genuineness of the goods slaught, questioning the legality of any copyright ber stamp appearing on this printed music con-
should be established. In support of this de- ever issued. This attempt to confuse the witness stitutes another charge of forgery, AS a warn-
ing to the trade we have sent out the following
mand Couchois subsequently had produced and proved abortive.
nouce:
gave him, not only a bill of sale from Boosey &
Then came the first sensation when George 1.
" 'Boosey & Co. beg respectfully to inform you
Co., apparently receipted and stamped by the Wilson, of the Wilson Press, 122 Fulton street,
it has come to their knowledge that spurious edi-
latter, but shipping receipts from the steamship was called. It was with the utmost difficulty that
Wilson could make himself heard, so low was his tions of some of their publications have recently
been offered to the trade, and in some instances
voice and diffident his manner. Under the skilful
examination of the district attorney and Counsel- purchased. Boosey & Co. have established a sys-
tem of detection in tnis matter, and will brin 1 ;
lor Burkan, however, he swore he had printed
30,000 copies of "The Holy City" for a man who a suit in criminal proceedings against any indi-
Is ol interest to all dealers—we furnish
represented himself as Mr. Jones, and whom the vidual or firm selling or offering for sale any oc
these illegal copies.' "
you with any quantity ol our new
witness identified Couchois as the said "Jones";
thematic catalogues without charge.
The case of Boosey & Co. against Couchois for
further,
he
had
shipped
these
30,000
copies
to
We publish "Blue Bell," "Feelin' for
having
in his possession some 7,000 copies of
Rutherford, N. J. (This is where Couchois
You," "What the Brass Band Played"
and other big hits.
lives.) The plates were sent to a place on Lex- "The Holy City," which were seized at the lat-
Let us get In touch with you write us.
ter's home, his arrest following, will come up
ington avenue, New York, by direction of
before the bergen County Grand Jury at Hack-
"Jones," where they were afterward seized by
the detectives. Wilson's son subsequently testi- ensack, N. J., September 14.
fied to substantially the same facts, adding that
125 W. 37th Street, New York
the work was so well done that the counterfeit
and genuine could not be told apart.
This Space is reserved by
THE SELLING MARCH SONG OF 1905
Corroborating Wilson's story, George Haviland,
an employe of the Empire State Engraving Co.,
190 William street, stated under oath that he
had made the plates of "The Holy City," repro-
Other Hits
Kisses,
Easy Street,
ducing them by the photographic process from
for a New Characteristic
Roses at Twilight,
The Mormon Coon,
original printed sheets of the music; that the
A Bit O' Blarney,
Get Happy,
March Two-Step by
work had been done for one "J. D. Jones," whom
There's a Clock Upon the Mantel
Striking I, 2, 3.
he now recognized in the defendant, G. J.
Couchois, and the plates had been delivered by
PUBLISHED BY
his company to the Wilson Press under instruc-
tions from the same party.
Ready September 15, 1905
This testimony plainly nonplussed Couchois
New Amsterdam Theatre Bldg.,
N E W YORK
and his counsel, but nevertheless the latter made
OUR "NEW ISSUE"
PROPOSITION
F. B. Haviland Pub. Co.
"GOOD-BYE DIXIE' DEAR"
Willis Woodward & Co.
GEORGE ROSEY
SOL BLOOM
SURE SELLERS !
From the latest operatic novelty.
SURE SELLERS *
"THE PEARL AND THE PUMPKIN"
An Emphatic Success.
Now Playing at the Colonial Theatre, Boston.
VOCAL
Jack o'Lantern Joe
Honeymoon Hall
My Party
Come, My True Love
My
Combination
Girl
Hang Together
Lily White
When the Moon Is in the Sky
It Is the English
(Shadow song.)
Fol de Iddley Ido
Sitting on the Starboard Tack
The Daughter of Annie Rooney
Who Makes the Finest Ginger Bread ? On a Desert Island with the
A String of Pearls
The Innocent Games of Childhood
One You Love
INSTRUMENTAL
The Squirrel's Picnic
Waltzes
March
Selection
The Phantom Brigade
Score
Order Immediately; They'll surely be called for.
Witmark Building
Schiller Building
IVf . W i t m a r k & Sons
CHICAGO, ILL.
N E W Y O R. K
POPULAR SONG and INSTRUMENTAL HITS
PETER PIPER MARCH
EGYPT
I WANT TO BE A SOLDIER
PEQQY BRADY
POLLY PRIM MARCH
SHAME ON YOU
ZEL-ZEL
i l G INDIAN CHIEF
NEW
PUBLICATIONS
LADY TEAZLE
MADCAP PRINCESS
RED FEATHER
ISLE OF SPICE
SAMBO GIRL
MAMA'S PAPA
Published by
JOS. W. STERN 6 CO.,
CHICAGO
34 East 21st SL, New York
LONDON
SAN FRANCISCO
THE: MUSIC TRADE REVIEW
43
COUCHOIS HELD FOR THE GRAND JURY
another effort to have nis client discharged or
the bail reduced, which he declared was pro-
hibitory, but without avail. Magistrate Breen,
As the Resultof a Complaint Filed by F. W. Helmick—Claim the Accused Obtained $30 on False
however, permitted Mr. Cantwell to nle a brief
Pretenses by Selling Spurious Copies of "The Holy City"—Some Surprising Testimony—
Tuesday on legal points.
Chat with George Maxwell on the Situation.
When Couchois was apprehended he had sum-
moned to Jefferson Market Police one Robert
Friday last Garrett J. Couchois was arrested
company covering both trips. On the strength
for the fourth time in connection with the of this, Helmick said, and the personal guaran- Robert?, salesman for P. J. Howley, who is said
charge of counterfeiting copyright music. The tee of the accused that the music in question was to have innocently disposed of 1,000 spurious
complaint was filed by F. W. Helmick, former bona-fide in every respect, he was led to believe copies of "The Holy City" to the McKinley Mu-
manager of the Enterprise Music Supply Co., nothing was wrong, and so informed his em- sic Co., New York, about three weeks ago, for
which he had been given the latter's check for
Goetting's New York jobbing house, who swore ployer.
the accused had obtained $300 from him on false
At this point Counsellor Cantwell, for the de- $200. With the talk current in the trade about
the song, Roberts thought it advisable to consuk
pretenses by selling his firm 4,000 alleged spurious fense, attacked the witness savagely, and tried
copies of "The Holy City," the money being ad- to create the impression that the music was Mr. Burkan regarding the transaction, and the
vanced on account. Couchois was taken before genuine, and declared the difference between the latter advised him not to pay the money over to
Magistrate Breen in the Tombs Police Court, who goods offered in evidence and that claimed to be Couchois. A summons was thereupon obtained
held him for examination the following day in published by Boosey & Co. could not be detected, by Couchois for Roberts to appear in court to an-
$1,500 bail. Being unable to furnish bond the as they were of one and the same description. swer Friday last. The Helmick complaint was
prisoner was locked up. Saturday the examina- Further, it was the learned counsel's opinion that being made out at the same time, and the case
tion lasted over two hours before the same mag- his client had purchased the goods in London, was held long enough to allow of Couchois being
taken into custody, and then the Roberts matter
istrate, and at its conclusion Couchois was held England, from whence they had been shipped
was
adjourned until Tuesday, when it was dis-
for the grand jury, and again was sent to the abroad, and so on and so forth. On these and
Tombs. The testimony was of the most sensa- other grounds he asked to have the case per- missed, as no complainant appeared.
George Maxwell, manager of Boosey & uo., was
tional character, and apparently a great surprise emptorily dismissed for lack of incriminating
seen by The Review Tuesday. He said: "We
\o the accused, who has heretofore kept up a evidence.
great front.
Deputy Assistant District Attorney Johnston, cannot say too much of the evidence we have re-
F. W. Helmick, the complainant, gave the de- who appeared with Nathan Burkan, then stated garding this wholesale counterfeiting of music;
tails of the transaction, stating that Couchois they had a couple of witnesses they would like but so far as T h e Holy City' is concerned our
had offered him the 4,000 copies of "The Holy to examine before the motion for dismissal was testimony seems to be of the most incriminating
City" at a cut price—about 19 cents—on account argued. Then P. J. Howley, publisher, and Geo. character. We never had any dealings with ex-
of a returned shipment of the goods from a Maxwell, manager for Boosey & Co., were called. port houses, and the stamped receipt mentioned
South American point, to which they had pre- The former's testimony was perfunctory and as being shown by Couchois to Helmick is a for-
viously been shipped by an exporting house, brief, while Mr. Maxwell testified he never sold gery of the grossest kind. This could be the basis
who had purchased the same from Boosey & Co., any music whatsoever to any exporting house, of another suit, let alone the one of grand lar-
had never receipted for the sale of any music to ceny charged by Helmick before Magistrate
the rightful publishers. This was in the early
part of May of this year. The witness also testi- the defendant and pronounced the bill of sale in Breen on Saturday. Another could be made from
fied that his principal, Goetting, becoming sus- evidence a forgery. He also submitted a certified the stamping of Stephen Adams' name on the
picious that everything was not according to copy of the official registered title to "The Holy copies of 'The Holy City.' We are authorized to
Hoyle, had instructed him to withhold the mu- City," on which Mr. Cantwell made a fierce on- use Mr. Adams' name, and the counterfeit rub-
sic from sale until the genuineness of the goods slaught, questioning the legality of any copyright ber stamp appearing on this printed music con-
should be established. In support of this de- ever issued. This attempt to confuse the witness stitutes another charge of forgery, AS a warn-
ing to the trade we have sent out the following
mand Couchois subsequently had produced and proved abortive.
nouce:
gave him, not only a bill of sale from Boosey &
Then came the first sensation when George 1.
" 'Boosey & Co. beg respectfully to inform you
Co., apparently receipted and stamped by the Wilson, of the Wilson Press, 122 Fulton street,
it has come to their knowledge that spurious edi-
latter, but shipping receipts from the steamship was called. It was with the utmost difficulty that
Wilson could make himself heard, so low was his tions of some of their publications have recently
been offered to the trade, and in some instances
voice and diffident his manner. Under the skilful
examination of the district attorney and Counsel- purchased. Boosey & Co. have established a sys-
tem of detection in tnis matter, and will brin 1 ;
lor Burkan, however, he swore he had printed
30,000 copies of "The Holy City" for a man who a suit in criminal proceedings against any indi-
Is ol interest to all dealers—we furnish
represented himself as Mr. Jones, and whom the vidual or firm selling or offering for sale any oc
these illegal copies.' "
you with any quantity ol our new
witness identified Couchois as the said "Jones";
thematic catalogues without charge.
The case of Boosey & Co. against Couchois for
further,
he
had
shipped
these
30,000
copies
to
We publish "Blue Bell," "Feelin' for
having
in his possession some 7,000 copies of
Rutherford, N. J. (This is where Couchois
You," "What the Brass Band Played"
and other big hits.
lives.) The plates were sent to a place on Lex- "The Holy City," which were seized at the lat-
Let us get In touch with you write us.
ter's home, his arrest following, will come up
ington avenue, New York, by direction of
before the bergen County Grand Jury at Hack-
"Jones," where they were afterward seized by
the detectives. Wilson's son subsequently testi- ensack, N. J., September 14.
fied to substantially the same facts, adding that
125 W. 37th Street, New York
the work was so well done that the counterfeit
and genuine could not be told apart.
This Space is reserved by
THE SELLING MARCH SONG OF 1905
Corroborating Wilson's story, George Haviland,
an employe of the Empire State Engraving Co.,
190 William street, stated under oath that he
had made the plates of "The Holy City," repro-
Other Hits
Kisses,
Easy Street,
ducing them by the photographic process from
for a New Characteristic
Roses at Twilight,
The Mormon Coon,
original printed sheets of the music; that the
A Bit O' Blarney,
Get Happy,
March Two-Step by
work had been done for one "J. D. Jones," whom
There's a Clock Upon the Mantel
Striking I, 2, 3.
he now recognized in the defendant, G. J.
Couchois, and the plates had been delivered by
PUBLISHED BY
his company to the Wilson Press under instruc-
tions from the same party.
Ready September 15, 1905
This testimony plainly nonplussed Couchois
New Amsterdam Theatre Bldg.,
N E W YORK
and his counsel, but nevertheless the latter made
OUR "NEW ISSUE"
PROPOSITION
F. B. Haviland Pub. Co.
"GOOD-BYE DIXIE' DEAR"
Willis Woodward & Co.
GEORGE ROSEY
SOL BLOOM
SURE SELLERS !
From the latest operatic novelty.
SURE SELLERS *
"THE PEARL AND THE PUMPKIN"
An Emphatic Success.
Now Playing at the Colonial Theatre, Boston.
VOCAL
Jack o'Lantern Joe
Honeymoon Hall
My Party
Come, My True Love
My
Combination
Girl
Hang Together
Lily White
When the Moon Is in the Sky
It Is the English
(Shadow song.)
Fol de Iddley Ido
Sitting on the Starboard Tack
The Daughter of Annie Rooney
Who Makes the Finest Ginger Bread ? On a Desert Island with the
A String of Pearls
The Innocent Games of Childhood
One You Love
INSTRUMENTAL
The Squirrel's Picnic
Waltzes
March
Selection
The Phantom Brigade
Score
Order Immediately; They'll surely be called for.
Witmark Building
Schiller Building
IVf . W i t m a r k & Sons
CHICAGO, ILL.
N E W Y O R. K
POPULAR SONG and INSTRUMENTAL HITS
PETER PIPER MARCH
EGYPT
I WANT TO BE A SOLDIER
PEQQY BRADY
POLLY PRIM MARCH
SHAME ON YOU
ZEL-ZEL
i l G INDIAN CHIEF
NEW
PUBLICATIONS
LADY TEAZLE
MADCAP PRINCESS
RED FEATHER
ISLE OF SPICE
SAMBO GIRL
MAMA'S PAPA
Published by
JOS. W. STERN 6 CO.,
CHICAGO
34 East 21st SL, New York
LONDON
SAN FRANCISCO
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