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VARIETY 13 FRANKLIN WITH SELLS-FLOTO. Denver, Nov. 6. W. E. Franklin, who for several years was with the Wallace circus interests, has assumed the general management of the Sells-Floto Shows. Mr. Franklin is also financially interested. He will have full charge of everything pertaining to the organization for next season, when it will be considerably enlarged for the purpose of. coping with any circus on the road. Messrs. Bonfils and Tammen retain their proprietorship practically, but have turned over all business affairs to Frank- lin. A representative will soon be sent to Europe for novelties. The application for an injunction against Sells-Floto Circus installing win- ter quarters upon the north side of Den- ver was dismissed last week upon argu- ment. The Sells-Floto Circus will locate in the old Pittsburg foundry at West 26th Street and Hazel Court. GIRGUS NEWS WIRE WALKER WORKING. Robledillo, the wire walker, is playing in vaudeville outside New York City. He was restrained by the Ringling Brothers from appearing here. Roble- dillo joins one of the Ringling circuses next season. ROBINSON'S CLOSING DATE. The John Robinson Shows close their 1908 tour Nov. 17 in southern Mississippi. The show will return immediately to win- ter quarters in Cincinnati. "Gov." Rob- inson has not announced his personal plans, but will probably return at once to Cincinnati. Gil Robinson, brother of the "Governor," who was traveling with the organization for ten days, returned to New York this week. "BILL" SEASON ENDS 19TH. Buffalo Bill's Wild West will end its season November 19 in Memphis, Tenn. Four towns will be played after its New Orleans engagement Nov. 13-15. The cars and show property will be shipped to Ringling Bros.' quarters in Bridge- port along with the Barnura & Bailey Show. The season of the "Bill" show has been remarkably prosperous, all things considered, and in many towns all records have been broken for tented organizations in the way of enthusiasm, money takings and public satisfaction. CAR NO. 1 BACK. Erie, Pa., Nov. 3. The first car of the Cole Bros.' shows arrived in Harbor Creek yesterday. Gen- eral press representative John D. Carey was in charge. The run was made through from Franklin, Tenn., at which place the circus will close the season. The same executive staff will be in charge next season. TRAVELED 13,041 MILES. The route of "101 Ranch" up to Nov. 13 has just been given out. The show will be in Louisiana and Mississippi up until that time, playing in the smaller towns. Nov. 13 will find them in Mon- roe, La., where they will play two days. At that place the show will have trav- eled 13,041 miles since their opening. RETIRED FROM FIGHT. The Sells-Floto Circus did not continue its opposition fight against the Barnum- Bailey show. On Oct. 21 the outfit closed up shop and returned to Denver from Six- ela, N. M. BARNUM-BAILEY CLOSES. New Orleans, Nov. 2. The Barnum-Bailey Circus closes its season at Clarksdale, Miss., on the 5th. Fred Bradna has engaged a special train over the B. & O. to transport the artists to New York City. They should arrive there Nov. 7. The fare is $25. The workingmen of the circus will be carried back to Bridgeport by the man- agement. The circus people say the story about "Gets a Special Rate" which ap- peared a couple of weeks ago is not so. None of the artists will assist in "packing up." WELCOME AWAITING COL. CODY. San Antonio. Tex., Nov. 5. When the "Buffalo BUI Wild West" reaches here November 7, there will be a huge welcome for Col. William F. Cody. The "No. 1" car, with Lester W. Murray in charge, was in town this week, when Walter K. Hill, also of the advance forces, signed advertising contracts. Already the school children have been organized into a reception committee to greet the veteran "Buffalo Bill" when he enters the arena. "Buffalo Bill's Wild West" showed here for the first time just 33 years ago. There were no railroads through Texas in those days, and the show was transported across the State in wagons. ANIMAL EXHIBITION ALL WINTER. Portland, Ore., Nov. 6. Jas. A. Morrow, formerly of Barnum and Bailey's Circus, has secured the Ori- ental Building at the Fair Grounds for the cold weather quarters of Al G. Barnes' Wild Animal Circus, and will give daily performances all winter. STOP ON WAY HOME. The Ringling show, which closed Wednesday in Macon, Miss., went from there to Mattoon, 111., near Decatur. This point is about halfway home. Rail- road contracts from that point to Bara- boo were entered into some time ago. SAY GEYER DID REMARKABLE FEAT. The acrobatic problem propounded last week by Variety has aroused a good deal of comment among circus people and acro- bats generally. The only man, however, who claimed to have witnessed the suc- cessful try for a "half-back, twister and forward in a swing" was "Bob" Moll, a circus acrobat now of Bowen, Linda and Moll. According to this authority Albert Geyer, a famous tumbler, since retired, did the feat from the ground, the only in- stance as far as known. Barlowe, the animal trainer, likewise declares that he saw Geyer do the trick in Australia. The Busch Brothers, now with a West- ern Burlesque show, are said to perform the feat in the trempoline as part of their present routine. MAX ANDERSON DUE HOME. A considerable number of circus acts are awaiting the return of Max Anderson from Europe. A number of hippodrome turns have been tried out for the new cir- cus show to go on at the New York Hip- podrome. These have been witnessed by representatives of Mr. Anderson, but in each case judgment has been reserved until he gets back. Cable advices late last week said he would be in New York Nov. 6 (Friday). No one in New York could say whether John Ringling, who left New York with Mr. Anderson, would come back at the same time. SELLS-FOREPAUGH'S GOING OUT? A report was abroad this week that the Sells-Forepaugh circus, which waa laid on the shelf the season just passing, would go out next summer. No definite informa- tion could be secured, but it was un- officially stated that the show would be under the personal direction of Al Ring- ling. "WILD WEST" HOMELESS. The "Buffalo Bill Wild West" has finally given up its office in East 22d Street. The office was closed last August, but the rooms were not surrendered until a few days ago, the furniture being left in the place until then. Late last week it was removed. All business for the Cody organization is now transacted from the office of Jos. McCaddon in the same building, where W. W. Cole has removed his desk. GOOD BUSINESS IN AUSTRALIA. Sydney, Sept. 26. Wirth's Circus is showing to big busi- ness at Prince's Court, Melbourne, though there arc no attractions with it. Wirth's Pleasure Park, Sydney, closed down last week in order to make prepara- tions for the oncoming of the huge circus and zoo early next month. The organi- zation will pitch its tents in that section of the park between Olympia and the water chut*.-. The canvases will be so ar- ranged that an open air theatre will form one end of the circus. This is an innova- tion that should catch on, as it will enable specialty acts to work under more fa- vorable conditions than now obtain. The Florence Troupe (American) has been re-engaged for the Barnum-Bailey show for next season. Jeff Callan, who was office manager for the Barnum-Bailey and Buffalo Bill New York headquarters until a few months ago, when they were closed, was in New York three days last week. Since the circus offices closed in early August, Mr. Callan has been handling a moving picture and vaudeville house in Lcwiston, Me. The sketch in which Henry Woodruff will make his vaudeville bow at the Lin- coln Square next week will be entitled "A Bit of Instruction." It involves two peo- ple, and was written by Evelyn Greenleaf Sutherland. COURT PITIED THE HYENA. Justice Marean, sitting in the Supreme Court, Brooklyn, established last week the legal responsibilities of the circus or menagerie manager as to the protection of his patrons, in dismissing the suit for damages brought against Frank C Bostock, the animal trainer, by Anna Richardson, of Brooklyn. It appeared from the evidence adduced before the court during the trial that Miss Richardson had attended a perform- ance at Bostock's Arena "Dreamland," Coney Island, on June 0, 1006, accom- panied by a woman friend. In looking over the exhibits of the menagerie, she was attracted to the cage in which were confined several hyenas. Approaching this exhibit, she waa jostled by her com- panion, falling against the cage. One of her fingers slipped through the wire mesh of the cage and one of the hyenas, alert for dainty morsels of food, grasped the opportunity, biting it off. For this injury Miss Richardson de- manded damages in the sum of $4,600, claiming the accident was entirely due to the lack of proper protection against such an occurrence on the part of Bostock. Mr. Vorhaus, of House, Grossman & Vor- haus, appeared for the defendant at the trial. He moved for the dismissal of the com- plaint on the ground that the circum- stance which resulted in the injury (her being jostled by her companion) was some- thing outside the control of the proprietor of the show, and therefore he (Bostock) could not be held accountable. The ac- tion was dismissed on these grounds. Counsel for the plaintiff, a Brooklyn lawyer, made an impassioned speech to the court, in which he declared that in keeping caged and confined an animal which was accustomed to the freedom of God's unmeasured reaches the proprietor of the show was committing an act of un- exampled cruelty and so was partioep* criminit in the act of the hyena when he snapped off Miss Richardson's digit. , Justice Marean, in deciding the case, de- clared that anyone who harbored wild and savage animals assumed responsibility for any injury caused another party. This general principle, however, he modi- fied by ruling that such a person could not be held accountable when the injury was caused by a circumstance (such aa the jostling of the defendant in the case under consideration) over which he could not be considered to have control. In concluding his remarks he took oc- casion to observe that in the whole mat- ter "his sympathies were entirely with the hyena." From this decision, one of the few on record which adequately defines the duties of animal owners in the protection of their patrons it may be presumed that such an owner to required by law to see to every reasonable safeguard against the injury of his patrons, but can- not be held liable when a spectator is hurt through his own negligence or through any circumstance over which the proprietor has no control. The Marinelli office has signed the Kier- sten-Maricttas with the Itanium -Bailey Circus for next season. Al Lamar (Lamar and Gabriel) is as- sistant sta^e manager for "Little Nemo.*