The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-11-27
FROM SELLING THE SAME.
Claim Set Up That the Sale Had Not
Been Sufficiently Advertised.
PURCHASERS WERE IN TOWN.
They Had Come From IA Distance 20 Bid
on tho Stock and Paraphernalia--
Many Cartoninns Disappointed
Talk OF Further
Litigation,


The sale of the menagerie and para
phernalia of the New England Carnival
and Promoting company, of this city
did not occur Saturday morning az
advertised. The postponement was not
occasioned because of the change in the
date, but because Of the fact that an
injunction was served upon Messrs
Thomas f. Turner and George Charters
and a third one 20 be served upon fIaba
KatoOl, an animal manager and one of
the parties interested. The injunction
was applied for by the attorneys for
Messrs. Jackson w. Pontius, John r.
Werner and Ed. Flick, who were part.
ners in the aforesaid company 1t was
granted by Judge McCarty and the pa
pers We're Immediately served upon two
OF the parties named by Sheriff ZaiSeT
The sale had been set for 10 o'clock
Ii was 9:45 o'clock when the writs of
Injunction We're served upon the part
les. A large number of shOwmen and
animal purchasers from all parts of the
country were in the city and they are
said to have been prepared to buy the
outfit in whole, or in part. AS soon
as the wrirs We're served, Messrs. Chart
crs and Turner notified these strangers
that the sale would not proceed as ad-
rertised and they We're sOrely disap-
pointed and somewhat chagrined. be-
cause of the distance they had come
to attend the sale, and then be sent
hcme without the opportunity Of bid
ding.
THE PAPERS SERVED. '
The papers were placed in the hands
of the clerk of courts by the attorneys
with instructions not to give them out
for publication. Undue publicity was
not desired by the parties applying for
the injunction. But the story leaked
out, nevertheless, and it was soon her
aided over the streets of the city
There were many citizens also who were
disappointed in not witnessing the sale
To them 1t was an unusual proceed
ing, for such a sale has never occurred
in this city before.
That the New England Carnival and
Promoting company did not meet with
tremendous success in their circuit over
the country during the past season
has been broadly hinted. That fact
appears to have been the basis for the
legal proceedings.
The company was organized in this
city last spring. The promoters were
MessrS. Pontius, Werner and Flick
They purchased the outfit of the for
mer Canton Carnival company, owned
by Messrs. George Charters, Thomas
Turner and Haba Katool, and paid
part cash and gave q chattel mortgage
on the balance due. The amount of the
chnttel mortgage Is said to be about
$1,000. the outfit consisted of an ele-
phant, 5 camels, three lions, several
leOpards and a cage of monkeys and
several horses. There We're tents and
wagons and cages and
ALL THE PARAPHERNALIA
required by such a travelling show.
A circuit Of all the large cities ia
the country was mapped out and one
after another OF them was visited and
week stands given. The company had
its own ADVERTISING and advance man
q corps Of managers, hawkers and
ticket sellers. A large quantity of new
stuff was prepared in this city and
taken along. The show did quite well
at first, and their profits were large
However, time came when they were
not so fortunate, and then things
looked rather gloomy for the managers
The closing date occurred several
weeks ago at Piqua, Ohio 1t appears
that the company was embarrassed
and so they applied for receiver. Mr.
Charters learned of their proceeding and
he proceeded to that place with his
chattel mortgage and took possession of
the whole outfit by
VIRTUE OF HIS MORTGAGE. 2
It appears that after he had taken
possession, ex-Mayor Rice, of this city
appeared on the scene and qualified as
receiver for the carnival company. He
was too late, however, and as Charters
had legal possession OF the outfit, It
is said he never acquired possession,
Mr.. Charters had the show brought
to this city and placed 1t in a build
ing in Marion street where he has kept
II and has had charge OF the same ever
since. However, the parties were not
sdesiroua Of keeping the animals in their
possession, as they were expensive ones
to feed, so they advertised the sale of
them Saturday morning at 10 o'clock.
At the hour named there was q large
assemblage about the building, every
person desirous- of witnessing the sale
1t didn't take place. The intended
purchasers then started for their re-
spective homes. The case will be heard
finally before Judge McCarty. 1-
CHARTERS TALKS.
A News-D Democrat reporter called on
Attorneys Weber and Turner Cor a
statement as to their side of the story
Their story was substantially as set
forth. Mr.. Charters stated that he had
properly advertised the sale and that
word had been sent to showmen and an
imal buyers in Chicago and New York
and other large cities and that many
of them Were present at the hour the
sale was to take place, He said a good
price could have been obtained for the
animals and tents, etc. The buyers
were prepared to take the whole outfit.
On the other. hand 1t Is contended
by the attorneys for the carnival COM
pany, that the sale had not been so, ex-
tensively advertised az 1t should have
been, and therefore there would have
been q financial loss. They say that
there were siiowrnen who undoubtedly
would have attended had they been
PROPERLY EoTAFIED, ~,