Len Spencer Arrested (1897)

Russell Hunting wasn’t the only recording-industry pioneer to be arrested in the 1890s. In March 1897, Len Spencer and two of the Emerson brothers were taken into custody in Newark, New Jersey, charged with stealing cylinders from the United States Phonograph Company.

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Len Spencer’s Phonoscope biography, 1898

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The trouble began in early 1897, after Spencer and the Emersons (Victor H., George E., and Clyde D.) resigned from United States Phonograph to work for the American Graphophone Company (Columbia).

According to the charges, Spencer, George Emerson, and Clyde Emerson took a substantial number of records from U.S. Phonograph, which they allegedly sold to a “rival concern.” The company was not identified in the press reports, but quite likely it was Columbia, which had a history of copying other companies’ cylinders and marketing them as their own (see, for example, American Graphophone Co. v. United States Phonograph Co., et al., U.S. District Court for the District of New Jersey, In Equity No. 4005, an 1898 case in which Calvin Child confirmed the practice).

Victor Emerson was not charged. Details of the arrest were reported by the New York Sun on March 9, 1897:

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But unlike Hunting, who went to jail for three months for making and peddling “obscene” records, Spencer and the two Emersons  escaped unscathed. On March 25, 1897, the prosecutor declared that the state had no case, and defendants were discharged.

A few weeks later, Spencer formally announced his employment by Columbia:

 

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Spencer didn’t remain exclusive to Columbia for long, and by the early 1900s he had reclaimed his former status as one of the most prolific studio free-lancers. Victor Emerson went on to serve long and well as Columbia’s chief recording engineer before resigning in 1914 to launch his own label.

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