Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1897-11-07
MISS BROWN'S ADVENTURES
Increased and Multiplied After Reach
ing Wheeling.
Enough Incidents for the Dramatist
to Weave Into Another Act for
the Play The Company Closed
Here and the Managers are In
volved in Litigation.

Here and the Managers are In
volved in Litigation.
Sufficient events of an unusual char
acter have happened since THE
Strange Adventures of Miss Brown"
opened an engagement at the Grano
Opera House to enable the dramatist
to add another act to this amusing
farce. The adventures of Miss Brown
in the play are ludicrous; the litigation
in which she is involved here is of a
more serious nature.
1t appears that Edward A. McArdle
and w. F. Crossley secured the right
to use the play for a royalty Of $50
week. They were on the road for
about fifteen weeks. and have lost
money from the start. They have
been behind in salaries to members of
the company, and also have other un-
paid debts. The two partners dis
agreed about a week ago, and Mr..
Crossley returned to New York, Mr..
McArdle deciding to close with last
weeks engagement at the Grand.
The first of a remarkable series of
suits was brought before Justice Cald-
well Thursday morning for an unpaid
printing bill by Piqua, O., concern.
Judgment was secured, and Mr.. Nc
Ardle's share of the box office re-
ceipts was attached.
Sidney Cohen, Of New York, who
claims to own the copyright upon the
play, got wind of the intention to close
the season here and arrived in Wheel
ing Friday. He learned from Mr.. Nc
Ardle that the company was in imam
cial straits Mr.. Cohen retained John
A. Howard as his attorney, and FIJI
day afternoon brought suit before JUS
tice w. w. Rogers for $500 alleged 10
be due as royalty on the play. Alter
wards Mr. Cohen swore out warrants
for Edw. A. McArdle and VIII 5. Rls-
ing. charging them with stealing the
manuscript of the play. Rising is the
we'll known tenor singer who enacts
the title role in the play.
Messrs. McArdle and Rising secured
the services of John j. Conlf, Esq.
They contended that the two action:
brought against them involved con-
tradiction. in that according to their
claim. McArdle was sued for royalty
according to contract, and if there was
a contract there could be no theft.
the box Office seats were again attach
ed After the performance tne par.les
assembled in Justice Rogers ONCE,
where MI McArdle swore out war
rant for Mr.. Cohen, charging MIN WIFI
perjury 60 ..o, rt,a
bond in each of the criminal charges was
fixed at $500 Manager Feinler, Oh the
Grand. went on the bond OF Messrs. NC
Ardle and Rising, and Mr.. VIII Weity on
Mr.. Cohen's bond. The cases were set
for hearing Monday afternoon.
The next movement on the part Of Co
hen by his attorney, was to make appn-
cation before Judge PAUL in MoundsVl!le
Yesterday, for an injunction to restrain
Mr. NcArdle from producing The
Strange Adventures of Miss Brown The
annlication was based on the argument
that defendant had no right to use the
NAV as II is protected by copyright, that
the royalty is worth 500 week TO Coheh,
and that the present company Is hsolVeht
and cannot pay royalty. Mr.. comm ar
eued that A question of United States
copyright did not properly come WITHIN
the jurisdiction of Judge PAUL, but that
the application should have been made be-
fore a Federal Judge. Judge PAUL took
the same view of the matter, and declined
to issue the writ.
After returning to Wheeling Mr., Cohen
appeared before Justice Peterson and
brought suit for the $500 alleged 10 be due
for royalty on the play.
The attachment papers were placed in
the hands of Constable Steve Wilcox, who
served them upon Manager Feinler, in
the box office. The constable wanted to
enter the box office. but attaches of the
theatre declined to permit him to do so.
The matter might have ended then, but
Cohen stood in the lobby of the theatre
and watched the proceedings. He went
over to the ticket office and proceeded to
argue the matter, while patrons of the
theatre gathered about in a crowd. 1t
was now Constable Dominick Morris turn.
Dom made a ten strike and elected Co
hen from the lobby of the theatre.
Cohen proceeded to the office of Justice
Thompson, and swore out warrants for
Charles A. Feinler and Edw. A. McArdle,
charging them with obstructing Constable
Wilcox in the discharge of his duty. Both
gentlemen went down and furnished bond
for their appearance Monday morning.
There were no further suits or warrants
up to the hour of going to press, and It
is likely that both sides will await the re-
suit of the trials on Monday, which prom
Use to be very interesting. 1t is under
stood that the attachments did not pan
out very big, as Mr.. Feinler had advanced
the company enough money to enable
them to fulfill their engagement here. The
members of the company, with the excep-
tion of Mr.. Rising. will leave to-day for
New York. Several witnesses for Mr. Co
hen are also expected from New York
to-day.