The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-12-12
MUSIC HALL CLOSED
THERE WAS A HUSH ABOUT THE
ROYAL LAST NIGHT.
MANAGER MASSART BANKRUPT
DOORS CLOSED YESTERDAY MORN
ING BY DEPUTY SHERIFF..

ON Execution in Favor of NJ. Fersts
Sons 81 Co.. Owned by O'COnnor,
O'byrne and Hartridge,W Who Order
ed the Levy-Debt Contracted by
KiIey and Massart Ten Years Ago.
$345 Its Face Value, With S14
Costs of Court-Massart VIII File
Petition in Voluntary bankrupt
cy-Furniture in Hall Is MOrtgng-
ed-Massart VIII Claim the $1,000
Exemption Allowed by Law-Thir-
ty-fve Vaudeville Artists Out of
Job.
There was no show at the Royal
Music Hall last night. The doors were
locked and barred. In front of the
hall sat Deputy Sheriff Charles Car
roll, armed with an execution. The
usual crowd gathered but not inside
They stood about in the streets until
o'clock when a large crowd or rubber
necks swelled the chorus. the burden
of whose song was: why Don't the
Band Play"
The Music Hall was closed in the
morning, though it had been levied
upon on the day before. The execu-
ton under which the levy was made
was against E. A. Massart, in favor
of NJ. Fert's Sons & Co, having
been transferred to O'Connor. O'Byrne
& Hartridge, at whose instance the
place was shut up. The amount of the
execution, which was predicated upon
a judgment nearly ten years old Is
$S45 with costs of court. amounting to
about S14.
VIII Take bankruptcy Act.
Proprietor Massart, through his at
torney, Col. Robert l.. Colding, will file
a petition in voluntary bankruptcy.
probably to-day. AS the furniture in
the Music Hall, or a large part of it,
is subject to a mortgage which is
prior lien to the execution under which
the hall was closed, and as the pro-
prietor will claim the benefit of a 81, 800
homestead, it is difficult to see where
the creditors will get anything, unless
the bankrupt pays them voluntarily.
Tuesday was pay day for the per-
formers. The day upon which the band
receives its pay is Wednesday. Not
withstanding his business troubles,
Massart paid them all in full. About
thirty-five performers are out of jobs by
the closing of the place. These will re-
main in the city. as it is probable that
the business will be continued at the
old stand in a few days. The business,
Massart claims, is being run on a pay
ing basis. 1t has been old debts that
have worried him. and which resulted
in the closing of the place.
Execution Ten Years Old.
The history of the execution which
was mainly responsible for the bank
ruptcy proceedings, and which was the
direct cause of the closing of the place
is as unusual as it is interesting 1t
dates back to the time when Massart
was in business with Denis Kiley, I'M
der the firm name of Kiley & Mas
sart. After the dissolution OF this firm,
in lS93 several outstanding debts were
reduced to judgment of which number
the Ferst debt was one. There were
three large executions, of which num-
Der Massart has recently settled two.
Massart and J. ]. Sullivan, who for
merly kept the restaurant now con-
Quoted by Cad d. Bryan & Co., were
close friends and made number of
purchases of land in the southern sec
ton of the city together. The title to
this land was in Sullivan's name and
there was nothing in the record to
show that Massart had any interest in
1t. Last January Mrs. Sullivan pur-
chased from Massart his half interest
in the property, he giving her a quit
claim deed.
The TcII-TaIe Quit Claim.
O'Connor, OByrne & Hartridge, who
examined the title to the property, did
not examine the record of execution to
see If there was an fila. outstanding
against Massart. The purchaser of the
property from Mrs. Sullivan carried the
paper to Wilson and Rogers, who de-
clined to guarantee the title since ut
showed on the face of it that Massart
had made Mrs. Sullivan a deed while
the fifa. was outstanding against him.
Ferst's Sons & Co. then call
ed upon Mrs. Sullivan to meet the
execution. This responsibility was
assumed by O'Connor, O'Byrne & Har-
fridge, who paved the execution, and
had it transferred to them, the trans
fer having been made about a month
ago. Since that time Mr.. O'Byrne has
been pressing Massart for a settlement
The latter finding himself unable to
pay, prevailed upon the holder of the
execution not to enforce 1t, but Wed
nesday morning Mr.. O'Byrne ordered
the place levied on.
Could Reach no Settlement.
The levy was made, Mr.. O'Byrne
aSASSliiS " alAOW bue SHOW 10 20 on
that night, provided a Waterman were
paid by Massart to see that no prop
erty was removed from the building.
Massart, in the meantime to make ev-
cry effort to raise the money The
show went on Monday night, and none
of the spectators knew of the trouble.
Yesterday morning Massart called at
the office of O'Connor, O'Byrne & Hart
ridge and asked further time in which
to pay the execution. This was le-
fused. He then offered to give twelve
notes, $40 each, payable monthly. Mr..
O'Byrne declined to make any other
settlement than an Endorsed note for
payment. This he was unable to OBJ
tain, and the interview was closed, and
The ll,ll...c knII -