The evening times., 1898-11-29
The Widow of David Blakely
Obtains Judgment.
A LARGE SUN INVOLVED
Famous Composer Must AcceuB for
All Moneys Received.
The Plaintiff to Receive 0ne-half
the Profits From the Tour
of 1897.

John Philip Sousa has been orGered 10
pay amounts estimated at $100,eD0 to Mrs.
Ada p. BlakeIy, widow of David Blakely,
who was up to the time of his death, in
1896, manager of Sousas Band.
She has obtained a decision against the
musician, after eighteen months litisa-
ton, whereby he is required to accouni
for all proceeds of the band on tour
ending May %, 1897, and TO pay one-half
the profits to Mrs. Blakely, as admnistra.
trix of the estate of her husband.
He is also required to turn over TO her
the library of the band, and to pay her
for the use of it. The decision also d.
rects Mr.. Sousa to account for all moneys
received from the sale or use of music
composed by him prior to Mr.. Blakely' 5
death, and TO pay one-haIf of all such
sums TO Mrs. Blakeiy '+El Captain. and
1.-The Bride Elect are included in this
decision.
David Blakeiy was for many years edi-
tor of Western newspapers. When Sousa
was little known, outside of Washington
where he was leader of the Marine Band,
Mr.. BlakeIy obtained permission from the
of the United States under his manage
ment. The tour was a success, and was
repeated
Sousa, in 1892, entered into contract
with Blakely to lead band to be called
SoUsas Band. Tours were made aeh ye Ar
up to the time of Mr.. Blakeiy's death IN
November, 1896. Sousa was then under
contract with Blakely TO act US leader of
the band for 5000 a year and 20 per cent
of the net profits.
Contracts had been made by Blakely for
a tour running to May %. 1897 Upon
Blakely's death Sousa informed his widow
that he proposed to fill the contracts for
the band TO the end Of the season, in
which he refused to admit that she had
any rights. He offered to pay her 81 .0Gl
for a portion of the bands library. which
he admitted belonged TO her, and Sl,eGa
for the office furniture
Mrs Blakely refused his offer. and IL is
said an arrangement was entered into by
which Sousa was 10 continue the tour un-
der Mrs. Blakely's management. one
provision of this agreement is said 10
/ have been that royalties received by
Sousa from musical compositions were Il
( be equally divided between him and Mrs.
/ Blakely.
| Vernon NJ. Davis, former assistant dis
! trict attorney, and attorney for Sousa, II
! Is alleged, was TO De trustee anu NDlu roy
/ alties and money received until the end
/ Of the season, when the rights of the
parties We're To be determined
Walter Carroll Low, counsel for Mrs
Bakely, said yesterday that instead ol
abiding by this agreement Sousa seized
! the band the library and other property
! and gave concerts on his own account
Mr. Low said Vernon NJ. Davis had paid
! all royalties to Sousa.
These matters were embodied i'm com.
plant made before the court of common
pleas in Philadelphia. on April 8, 1897, as
/ Sousa was then playing in that city. The
. case was heard by Charles r. Morgan
jr-, prominent Philadelphia lawyer, a:
! referee, and decision has just been given
1t holds Sousa to the terms of his con
, tract with Mr. Bakely 10 the end Of the
tour then in progress, and says that Mrs
Balkely is entitled to one-ha!f th9 royal
ties forever from compositions writer
{ prior to Mr.. Blakely's death
1t is impossible just now to ascertain
the amount OF the money involved, but i
is said to be close to 500, GEO.