The phonoscope (Nov 1896-Dec 1899)

Vol. III. No. 7 THE PHONOSCOPE L3 Phonograph Agency to the customers who had sent them, and properly charged on the books of the Edison Phonograph Agency to your orator's account, and that there was no time when the said Edison Phonograph Agency was not in debt to your orator for advances actually made ; that the said Stevens well knew that the said checks so deposited to your orator's personal account, had been properly entered upon the books of the Edison Phonograph Agency, and that his complaint was a mere pretext for the purpose of obtaining some excuse for dissolving the partnership ; and that the said Stevens, prior to the return of your orator from Europe, and without the knowledge of your orator, had had printed matter prepared relating to the sale of Phonographs, mentioning his own name alone as dealing therein, and had already, while your orator was abroad, written to customers of the firm stating that he had taken charge of the Phonograph business, and that orders should be sent directly to him, all of which was a part of a scheme of the said Edison, Stevens and Gilmore to injure your orator. * * * * * * that a circular letter had been issued by the National Phonograph Company, owners of Mr. Edison's Phonograph patents, containing the following language : "You are instructed not to sell, either directly or indirectly, Edison's Phonograph records, &c, to F. M. Prescott," and which circular also stated that Mr. Prescott had been doing business as the Edison Phonograph Agency without authority from Mr. Edison. And your orator charges that the circular letter issued by the National Phonograph Company was in furtherance of the conspiracy on the part of the said Edison, Gilmore and Stevens to break up your orator's business, and that the said Stevens well knew when he issued the said circulars that the statement that Mr. Prescott had been doing business as the Edison Phonograph Agency without authority from Mr. Edison was false ; that the said business conducted by the said Stevens is not solely and exclusively his own business, but that the said Thomas A. Edison and William E. Gilmore are interested therein, and that they, or one of them, share in the profits thereof, and that the said business of the said Charles E. Stevens is really a method adopted by the said National Phonograph Company, Thomas A. Edison and William E. Gilmore, for the purpose of evading the injunctions heretofore issued restraining the sale of Phonographs for export, and that the description of the said Charles E. Stevens as selling agent in the said circulars is a true and correct description, and that he is the selling agent for the National Phonograph Company, sharing his profits as such agent with Thomas A. Edison and William E. Gilmore. That the said Edison, Gilmore and Stevens, as a part of the conspiracy above mentioned, have circulated reports amongst the trade, by letters and circulars stating that your orator's credit was not good, that your orator's bills were not paid, that your orator could not get goods from the National Phonograph Com pan} to fill orders, that if anyone had trouble in getting goods from your orator they would know the reason why, and could easily get them from Stevens ; that in further pursuance of the said conspiracy, the said The National Phonograph Company has issued circulars entitled "List of Suspended Dealers," and have placed your orator's name at the head of the said list, have instructed persons dealing in their goods not to sell Phonographs or supplies for Phonographs to your orator, and have persuaded dealers in goods not manufactured by or in any way dealt in by the defendants to refuse to sell your orator such goods by threats of the defendants to stop selling said dealers their manufactures, and have induced dealers who had entered into contracts with your orator to cancel such contracts to the great damage of your orator, for the sole purpose of injuring your orator's business and without the possibility of thereby benefiting themselves, and that the natural effect of publishing your orator's name as a "suspended dealer" is to create the impression in the trade and with the public that your orator is irresponsible, and that the said circular is cunningly devised and printed by the defendants with that express object in view, although they well know that your orator is solvent and in good business repute, and that the defendants have recently caused an office to be opened at 174 Fifth Avenue, in the city of New York, under the name of "Edison's Phonograph Agency," with the express purpose of depriving your orator of his property right in the name "Edison Phonograph Agency," and to establish by a similarity of name a claim to mail that may be received at the post office intended for your orator ; and have placed one T J. Moncks in charge thereof ; and have caused advertisements to be inserted in trade journals and to be placed in juxtaposition to your orator's advertisements, so worded as to create an impression that your orator is conducting his business illegally ; and that the defendants have sought in every way to boycott your orator and to destroy his business, and have boasted that they would drive him out of business ; and that they have actually succeeded in largely decreasing your orator's sale of Phonographs. All of which doings of the said defendants are contrary to equity and good conscience, and tend to the manifest wrong, injury and oppression of your orator in the premises. In consideration whereof, and forasmuch as your orator is without adequate remedy in the premises, at and by the strict rules of the common law, and can only obtain relief in this Honorable Court where matters of this nature are properly cognizable and relievable. To the end, therefore, that the said defendants, Thomas A. Edison, William E. Gilmore, the National Phonograph Company, Charles E. Stevens, and T -J. Moncks, may, without oath, an answer under oath being waived, to the best and utmost of their respective knowledge, remembrance, information and belief, full, true and perfect answer make to all and singular the matters aforesaid, and that as fully and particularly as if the same were here repeated, and they and every of them distinctly interrogated thereto, and that they may be enjoined by this Court from in any way using or availing themselves of any information obtained by the said Charles E. Stevens while in partnership with your orator, and from using, in any way, the lists of customers of your orator, secretly made by the said Charles E. Stevens in violation of good faith, or from using and availing themselves, in any Way, of information surreptitiously obtained by them, or from circulating among your orator's customers, or among the trade, reports derogatory to the credit and financial or business standing of your orator, and may be enjoined from setting up an exclusive right to the sale of genuine Rdison Phonographs, and may be enjoined from selling Phonographs for export in violation of any contracts heretofore made by the said defendants, or any of them, and from conducting business under the name of "Edison's Phonograph Agency," or any other name similar to the name "Edison's Phonograph Agency," and calculated to mislead ; and from diverting mail matter intended for your orator ; and may be restrained from interfering, in any way, with your orator's business and with his purchase of Edison Phonographs in the market and the supplying of the same to his customers ; and that your orator may have such further and other relief in the premises as the nature of the case may require, and as shall be agreeable to equity and good conscience. * * * ©ur Correspondence Columbus, Ohio. I have found from experience that the Phonograph as an advertiser is a grand success. Two years ago I persuaded one of my clients to buy one, and the results were surprising, The first thing to do is to call the attention of the people to the fact that you have quite an interest in their entertainment, and that you have purchased the latest thing out in the way of a Phonograph or "talking-machine," which brings to your place of business the most celebrated bands, the finest of singers and entertainers in the world. State that you are giving concerts all through the day, free. You can also have special records made with music and announcements of your goods and prices. I have noticed that there is a short space on the end of each cylinder, and it can be easily used to great advantage by putting a record on the machine and moving the recorder to the right end of the cylinder to the space that is left. Then record anything you wish. Make mention of any line of goods you wish, or call attention to your different departments. For example, "Notice Our Stylish Head wear for Men," or "Do You Need a Pair of Shoes? If so, You Can Buy Them Here , etc. By getting a few real good records and making mention in some of your regular advertisements — that for one week such and such a piece (naming it) can be heard at your store, you will soon find it will wonderfully help your sales. People will come to hear the Phonograph, and, of course, they are going to buy something, and you will gain many customers. Then again, have certain days for the entertainment of the ladies. Suppose you advertise that on Tuesday, say from two to four o'clock p. m., you will give a free concert to all ladies who are present ; also name a few pieces of music that will be played on this occasion. This will surely take the hearts of many of the ladies, and you will get them to your store, and eventually they will buy. It is also a capital idea to issue little informal invitations ; this makes it more personal. I noticed that an advertisement I wrote for one of my clients, in which I added, "If you want to hear the 'Charge of the Rough Riders,' come to our store next week," brought large returns. When buying a Phonograph or a Graphophone, you should buy a large horn twenty-six to thirty inches long ; this will be loud enough for most any purpose. There is an attachment now, the Polyphone, that increases the loudness wonderfully. Make your store attractive and you will be sure to attract many who will become your regular customers. J. J. H. IRew Corporations Master Record Company of New York ; capital, $133,000 : to make and deal in records for Phonographs, Gramophones, and talking-machines. Naturascope Company, New York City. Dealing in Naturascopes, Biographs, etc. Capital $5,000. Incorporators : L. Frenkel, H. E. Snares, A. J. Benedict, all of New York City, American Multiplex Talking-Machine Company, Washington, D. C. ; capital $5,000,000 ; shares $100 each. Attorney, John M. Wiley, New York City, N. Y.