The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-04-25
OBSERVATION-DISCLOSURES
NOW SCHMELzEL PAYS $3.50 FOR
INJURING CORNETIST MABIE.

o. This Amount the TOoter Receives R47S
and His Lawyer SA2S-DefendRnt
Denies That lie Tried 20 Make tho
Cornstlst swallow His Instrument.
John B. Schmelzel, who lives in Flushing,
and whose large wealth enables him 10 In
dulEO In Injuries denied to persons Of leaner
purses, paid $3.50 yesterday for a conscien-
tous and painstakng, albeit partially I'M
successful, effort TO make a conet player
swallow his conet. The technical charge
against Schmelzel was assault, and he was
made defendant In a civil suit for damages
as well.
The case was TO have come to trial before
Judge Gaynor yesterday afternoon. but was
settled by paying $3.50 and the costs. The
plaintiff was Samuel Mabie OF Manhattan
Mabie was represented by William Z. Stew
art Of Long Island City. Schmelzel's law
yer was Henry Monford Of Jamaica.
The incident that brought on the litiga-
ton occurred on July IS in Bonds Hotel
at Hook Creek, near Far Rookaway On
that day sohmelzel and two friends went TO
Bonds 70 be as near TO nature as they could
get without cutting on communication Win
their box Of refreshment supplies Bonds
hotel then was conducted. as are many
others on the assumption that restaurant
patrons lac changing sounds.
There was an orchestra oisturbance gong
on At Bonds when Schmelzel and his two
friends got there. Sohmelzel entered a
vigorous protest, but the disturbance went
right along.
Then, a. witnesses and auditors in flush-
ing yesterday we're prepared TO testify
SohmelEel swooped down upon the oroheS-
ira. He landed on the fare end OF maoie
oonet Just as that instrument was enlItlng
some particularly involved ana Intricate
tootings.
The mouthpleoe was forced against the
-Mabie's-lips and teeth WIN
much violence. One tooth was loosehoI
and Mabie's lips we're both bruised anu
laoerated.
The orchestra consisted Of the cornet
Aforesaid one fiddle and one piano.
After silencinR the cornet Sohmelzel pore
down upon the fiddle. The fiddler escaped,
but the fiddle was then and there put OUT OF
commission. The artist who was Wall0pihg
the piano was a muscular German OF Tue
| TYNE identified with brewery wagons
| SohmeiEel aid not interfere with the piano
or the piano artist But the orchestra was
! effectively suppressed #, A..
Shortly after the legal proceedings be
gan Sohmelse was sued by Maple ior
$1,000 damages. IL was SCI w III NhaDiO =
! complaint that his (Mabie'sl lips were so
battered and bruised as to ,disqualify them
! for many months from doing tne nher
| touches IN coTnet footing for which Made
was 90 Justly celebrated.
DR.. NJ. Schoenberg Of 6S Second avenue
Manhattan, Mabies physician, was pre-
| pared to testify that Mabie's lips mad lost
| their fine artistic cunning with the cornet
mouthpieoe. Mabie himself was present
! at Flushing yesterday prepared 10 put IN
| the lips themselves az Exhibit 4.
But Schmel1e g lawyer made oNertures
| for settlement There was an inherent
weakness In his case from jury standpoint
While It was true he had supPresSel a restau-
rant orchestra. Il could not be clearly es-
tabiished that he had made the oornetist
swallow his oomet or even that he had dem
nitely gilenoed the cornet. The case seemed
have too much the favor OF mere assault,
| without the mitigating circumstance oil
consequences advantageous TO society.
80 the case was settled and when Coun-
sellor Stewart went TO his home IN Astoria
laSt evening he carried SchmelZers check
| for aS5o With him. OF this sum Mr. Mabie
win reosive t47S and the counsellor i42S'