The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-03
WHEN THE BAND BEGINS TO PLAY.

~->~~~~->~>~~-~~~~~~--~---
Much Ado About Nolhing-A salt Instituted
for Ten Thousand Dollars Damages Against
the Propriciors of Variety Theatres la This
City AVID Nusi~ Dealers.
At the Opcning or the Union Square Theatre, In
this city, the management, among other novelties.
introduced a lady vocalist then recently from Eng
land. named Annie Adams. This songstress, among
other dtties sang one winch became very popular,
and was known as "When the Band Begins 10 Pay"
When this star female vocaiist's engagement ter
minated here the song soon came into great requi-
sition, and especially al the Theatre Comiqle,
where Miss Jennie Hughes entertained large
audiences nightly by the ndicete manner In
which she sang the words and music. Tony
Pastor, too, the impressaro Of the Bowerv Opera
House. favored the delectabe assemDlage which HE
10 ms place OF resort with TINS much-renowned
song In Inc height OF the success OF "When the
Band Begins Play" the music was forced TO stop.
An injunction was issued by Judge Frederick w.
Loew OF the Court OF Common Pleas, on the appll-
cation oil Edwin James, who claimed That Harry
Wall, the English actor, IN cooperation with George
w. Hunt composed the song and had 1t copyrg nted
In the year 1871; that 1t was unlawuy sung
in the theatres aforementioned, and the
words aud the music were Illegally sold by
S. I. Gordon 4 Co., j. l.. Peters, c. II. DitsOn
ana Olver DitsOn music publishers IN the city OF
New York. In response TO Mr.. James complaint
one OF the defendants, Josh Hart, secured the
vices of William Y. Howe the weknown three
decker to defend his SUIT, and yesterday MI. Bowc
Med the following answer IN reply TO the plainti S
complaint
Wdu, IldintiG, Us. Josh HLrt ana Others. DJend-
dntS.--The answer OF JOSH Hart one oil the deiend
neY, snoweth That said josh Hart denies each ana
every allegation IN said complaint OF the plaintiif
heren-excepJ AZ hereinafter admitted. And this
defendant, Josh Hart, admits that plalntir is u
Britisher and subject oil Queen Victoria OF
Great Britain, and AYERS anu alleges that inasmuch
as plainurl's demand IL tor prospective DAMAGES 1t
should properly be submitted TO the National Board
or Arbitration now holding at Geneva. And TINS
defendant denies that the song, "When the Band
Begins 10 Play" was originally composed or written
by either plaintiff the said harry Wall, or said Geo.
w. Hunt, or by b0tn OF them Jointly. or that they or
ether OF them were the sole owners propriet0rs.
And this defendant JOSH Hart, alleges on lnior-
sung and played under different names, to Wit
.'W hen tho Winds Begin TO WHISTLE" "When the
Band Begins to Blow" aud other names for and
during period O ABOUT nifty years before the era
or the plaintlff the said George Hunt and Annie
| Adams; tnat 1t was sung on the highways aud by
concert saloons and gardens there; BY ilineranI
venders OF the nnny tribe, and that It's meodious
strains were daily dispensed to music-hungry
urchins by street hand organs in the city or Lon
| don over one hundred years ago; that 1t was
| la the streets Of London long before the maternal
| originator OF said paintn ushered him into this
| mundane sphere. Defendant further answers that
| said song mas no pecunlary value Whatever excep,
as relic OF antiquity, and was sung all over this
country before this English plainll ever put foot
| on American soil. wherefore defendant demands
that plalntlf's complaint as to this defendant bc
dismissed, and that this defendant be decreed the
| costs OF this action.
| WILLIAM r. HOWE, Defendants Attorney.
| STATE AND COUNTY OF NEW YORK, ss.-JOscph
| Hart, being duly sworn depOseS and says that he
| has heard read the foregoing answer and knows
| the contents thereof, AMI that the same are
true Of his own knowedge. except as to those
things stated on information anu belief, and these
| he believes TO be true sworn to, &C.,
JOSH HART
Tie case thus far has evoked considerable COM
ment among the theatrical profession, as the point
raised will decide whether one singer can sing the
original songs of another. The action the Courts
in the matter Will be looked forward to with great
interest.