Cal Stewart (Uncle Josh Weathersby): Newspaper Highlights, 1892 – 1919

Cal Stewart (Uncle Josh Weathersby):
Newspaper Highlights,
1892 – 1919

 

Of all the pioneer studio artists, Cal Stewart (1856 – 1919) left the most abundant paper trail. Stewart was a master of self-promotion, and unlike most of his contemporaries in the recording business, record-making comprised only a small (if lucrative) portion of his activities.

Stewart spent much of his time on the road, giving recording demonstrations, making free promotional appearances in connection with his records, and mounting traveling theatrical productions complete with orchestra and supporting cast. He also dabbled in the book business, launching his own publishing venture to produce the popular Uncle Josh Weathersby’s Punkin Centre Stories in 1903.

Below are some of the most interesting clippings from Stewart’s long career. Diehard Uncle Josh fans can hear and download more than 170 Stewart recordings (including some rare brown-wax issues) on the University of California-Santa Barbara’s cylinder record site.

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“Happy Cal Stewart” in January 1892, as The Original Jersey Farmer (top); and in January 1897, with his Uncle Josh persona now fully developed.

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From The Phonoscope for February 1899, and probably placed by or for Stewart himself, based upon the lack of a specific record-company affiliation.

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Stewart on the road with his own “capable company and special scenery” (Allentown, Pennsylvania, September 1900)

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Numerous ads appeared in the early 1900s for Stewart’s record-making demonstrations. These examples date from December 1900 (top) and March 1902. This was toward the end of the brown-wax cylinder era, when all that was required to make records was a supply of blanks and an off-the-shelf cylinder phonograph with recording attachment. Note Stewart’s offer in the Bentel ad to make original records to order, a topic ripe for discographic investigation.

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An early announcement for Stewart’s popular book. Despite the  title, it also included many of his poems, which he never recorded. Early editions were printed on heavy, high-quality paper and credited to the Punkin Centre Company of Chicago. Later printings, often on cheaper paper and with less decorative bindings, bore a variety of imprints. (November 1903)

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Stewart’s take on the “rube” stereotype (Minneapolis, July 1906)

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Oakland, California, was one of many towns that claimed a close connection with the widely traveled Stewart. (May 1909)

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Stewart’s “Politics” (top, January 1910) eventually morphed into “Running for Governor” (bottom, November 1913), an elaborate  traveling theatrical production that included five vaudeville acts in addition to Stewart and supporting cast.

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Davenport, Iowa (December 1913)

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Stewart on “naturalness” in acting (Muncie, Indiana, November 1914)

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Making a promotional appearance for his records
(Stevens Point, Wisconsin, October 1916)

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Cal Stewart plays Kansas in April 1919, at Kingman (top) and Lyons (bottom). “Gypsy Rossini” was Rossini Waugh Stewart, his second wife.

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One of Stewart’s last documented public performances
(Hannibal, Missouri, September 24, 1919)

Chicago (December 10, 1919). In a different obituary, cause of death was given as “tumor of the brain.”

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Update • The Zonophone Records Victor Herbert Didn’t Make (1900 – 1904)

A preliminary version of this article appeared on the Mainspring Press website in April 2011. The events surrounding this case should already be familiar to well-read collectors [1], but until now, Universal Talking Machine’s actions following the decision have not been explored in a systematic manner.

In the time since the original article was posted, we’ve been fortunate in acquiring the late Bill Bryant and associates’ unpublished discography of seven- and nine-inch Zonophone records, which sheds new light on how the company handled the situation after being ordered to withdraw its bogus (but highly popular) “Victor Herbert’s Band” records in early 1904.

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A group advertised as “Victor Herbert’s Band” was prominently featured in the early Zonophone catalogs. The name was in regular use by late 1900; Zonophone’s October 1900 sales bulletin (the earliest we’ve located so far) listed twenty-three selections credited to the band, three of which were accompaniments to singer Bert Morphy. [2]

What buyers of those records didn’t realize — and many collectors still don’t realize today — is that neither Victor Herbert nor his band had anything to do with them.

Based upon testimony later presented at trial, the records were actually made by the 22nd Regiment Band of the New York National Guard, and this apparently was where the Victor Herbert claim — tenuous though it was — originated. Herbert had conducted this band during the 1890s, which for a time was billed as “Victor Herbert’s 22nd Regiment Band.” [3] But he left that position in 1898, before Zonophone commenced recording operations, to serve as principal conductor of the Pittsburgh Symphony. By the time the first “Herbert’s Band” Zonophones were advertised in 1900, Victor Herbert had left Pittsburgh and was touring (but not recording) with a new orchestra that bore his name.
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A portion of the Herbert listing from the October 1900 catalog.

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By early 1904, Zonophone was offering more than 120 bogus “Victor Herbert’s Band” titles in both seven- and nine-inch versions, occupying three-and-a-quarter catalog pages [4], and Herbert finally took action. In January, he applied to Judge Leventritt, of the New York Supreme Court, for an injunction restraining the Universal Talking Machine Company from using his name “for the purposes of trade.”

Herbert’s suit was based on a recently enacted New York state law that prohibited the use of a person’s name for advertising purposes without prior written consent. In addition, Herbert’s attorney argued, the records were not up to his client’s standards and “tended to lower the estimation in which his music has been held by the public.” Peter B. Olney, Universal’s counsel, opposed the injunction on the grounds that Herbert had long known that his name was being used on Zonophone records, but had not asked the company to discontinue the practice [5]. His argument was rejected.

Action was delayed while Herbert tended to business in the West [6], but on March 3, 1904, Judge Leventritt ruled in Herbert’s favor and granted an injunction [7]. In his ruling, the judge affirmed his belief that Herbert “never gave the claimed permission” for Zonophone to use his name, and also expressed his opinion that the matter could be settled “without controversy” pending a full trial [8]. The injunction was allowed to stand, and it appears that the matter of damages was resolved out of court.

The injunction left a gaping hole in Zonophone’s catalog that the company scrambled to fill. Its initial response was a frenzy of remake activity during the spring of 1904, employing the house band under Fred Hager’s direction. Many of these remakes bear master numbers in the 2300–2700 range, indicating approximate recording dates of April–June 1904. [9]

Remaking the “Herbert” titles would be immensely time-consuming (and in the case of the slower-selling titles, probably unprofitable), so in the interim the company adopted a second, stopgap strategy. The “Herbert’s Band” recordings were not illegal, per se; only the use of Herbert’s name presented any legal problem. Thus, the company resorted to printing new labels, minus the Herbert credit, for use on the existing “Herbert” recordings while the remake work proceeded. The changeover is easy to pinpoint in the Zonophone sales lists. The “Herbert’s Band” records were still proudly advertised in the February 1904 catalog. But in the May 1904 catalog, the same recordings were listed with no band credit. A short time later, a new name appeared that would permanently replace Herbert’s — the Zon-O-Phone Concert Band. [10]

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Herbert is still credited in the February 1904 catalog (left). The
May 1904 catalog (right) lists the same recordings, but with
no band credit.

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Relabeling did not entirely solve the problem, since the relabeled records still had their original spoken announcements crediting Victor Herbert. Bill Bryant and his associates identified many specimens bearing the new Zon-O-Phone Concert Band labels, but retaining the incriminating “Herbert” announcements. And so, at some point, the company began tooling the announcements off the stampers. Pressings from 9” Zonophone mx. 87, for example, are known with and without the announcement but otherwise are aurally identical. [11]

By the time that Zonophone 7” and 9” pressings were discontinued in 1905, the last of the relabeled “Herbert” recordings had either been dropped from the catalog or been remade by the Zonophone house band, and the scandal soon faded from memory. Victor Herbert and his actual orchestra would go on to make many popular recordings beginning with Edison in 1909, which went to great lengths to assure customers that they were getting the real thing.

— Allan Sutton

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[1] Passing references to the case appear in various early writings on phonograph history. A more detailed account was published in 2010, in the author’s A Phonograph Home (Mainspring Press); and in 2016, Steve Smolian made an excellent ARSC presentation on the subject.

[2] “October Bulletin. Zonophone Records” (October 1900 catalog), unnumbered pp. 2–3.

[3] Gould, Neil. Victor Herbert: A Theatrical Life, p. 119. Fordham University Press (2011).

[4] “The New Universal Zonophone Records” (February 1904 catalog), pp. 3–6. Copy for this catalog would have been prepared in late 1903 or very early 1904.

[5] “Victor Herbert Brings Suit.” Music Trade Review (January 30, 1904), p.40.

[6] “That Zonophone Litigation.” Music Trade Review (February 20, 1904), p. 27.

[7] “Herbert Gets Injunction.” Music Trade Review (March 9, 1904), p. 4.

[8] Victor Herbert v. Universal Talking Machine Company. New York Law Journal (March 3, 1904).

[9] Recording-date ranges has been estimated based upon known recording dates from test pressings of the period.

[10] “Zon-O-Phone Records for May.” Music Trade Review (April 23, 1904), p. 29. Copy for this list would have been prepared in late March or very early April, after the injunction was upheld. The “Zon-O-Phone Concert Band” was simply the house ensemble under Fred Hager’s direction. This was the same Fred Hager who in 1920 gave the go-ahead for Mamie Smith to make what is generally regarded as the first blues record.

[11] Zonophone C 5057 (mx. 87), 9” paper-label issue. In this and similar cases, visual inspection coupled with synchronized aural comparison confirmed that the recordings are identical, aside from deletion of the announcement, and ruled out any possibility that the altered masters are dubbings (Bill Bryant data, Mainspring Press archive). The practice was not unique to Zonophone; Columbia tooled announcements off the stampers it used on its client labels.

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Bill Bryant’s Zonophone data (accumulated over several decades, and including submissions from Tim Brooks, Paul Charosh, Dick Spottswood, Jim Walsh, the Record Research associates, and many other reputable collectors and discographers) occupies several-thousand index cards, a large carton of contributor correspondence, and several iterations of Bill’s exhaustively detailed ledger. That information (much of it previously unpublished) has finally been collated and entered into a database in preparation for submission to the online Discography of American Historical Recordings later this year. A print edition is not planned.

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A Gallery of 1898 Recording Artists

These extracts are from an August 1898 Phonoscope feature, “Gallery of Talent Employed for Making Records” (entries without photographs are not shown).

All of the artists pictured were active into the early 1900s, and far beyond in many cases, but Russell Hunting and Steve Porter had the longest and most distinguished recording-industry careers.  In addition to his prolific recording activities, Hunting was the editor of The Phonoscope (the industry’s first trade journal) in the 1890s, and he was still active in the later 1920s as American Pathé’s technical director.

Stephen Carl (Steve) Porter spent several years abroad in the early 1900s, including a stint as a recording engineer with the Nicole company, for which he made ethnic recordings in India and Burma. Upon his return to the U.S. he resumed recording (often in a stereotypical “dumb Irish” role that belied his brilliance), organized and managed the Rambler Minstrels (a popular recording and for-hire act that featured Billy Murray), and successfully filed for patents on various devices, including the Port-O-Phone, an early hearing aid. His activities are covered in detail in Steve Porter: Global Entrepreneur, on the Mainspring Press website.

 

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Just Arrived — “Edison Two-Minute and Concert Cylinders” — In Stock

NOW IN STOCK — Available Exclusively from Mainspring Press

ED2M-cover-x5EDISON TWO-MINUTE AND CONCERT CYLINDERS
American Series, 1897–1912
By Allan Sutton

398 pages, illustrated • 7″ x 10″ quality softcover
$49 (U.S. –  Free Shipping)
Order directly from Mainspring Press

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Edison Two-Minute and Concert Cylinders is the first study  of these records to be compiled from the surviving company documentation (including the factory plating ledgers, studio cash books, remake and deletion notices, catalogs, supplements, and trade publications), along with first-hand inspection of the original cylinders. All American-catalog issues from 1897 through 1912, including the Grand Opera series, are covered.

Unlike previously published guides, which don’t list Edison’s numerous and often confusing remakes, this new volume lists all versions — even indicating those initially supplied by Walcutt & Leeds — along with the listing or release dates and the distinguishing details (changes in artists, accompaniments, announcements, etc.) for each. Plating dates for brown-wax pantograph masters and early Gold Moulded masters, which provide valuable clues to the long-lost recording dates, are published here for the first time.

Other features include composer and show credits, medley contents, accompaniment details, pseudonym identification, an illustrated footnoted history of Edison cylinder production during the National Phonograph Company period, user’s guide, and indexes.

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78 Records Playlist • Ragtime in England: The Gramophone Co. Orchestras (1912 – 1913)

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THE PEERLESS ORCHESTRA: The Turkey Trot (J. Bodewalt Lampe,
as Ribé Danmark)

London: November 13, 1912
Zonophone Twin 1001 (face # X-40694; mx. y 15981e)
Gramophone Co. studio group; conductor is unlisted in files

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THE PEERLESS ORCHESTRA: Powder Rag (Charles L. Johnson, as Raymond Birch)

London: November 13, 1912
Zonophone Twin 1016 (face # X-40698; mx. y 15984e)
Gramophone Co. studio group; conductor is unlisted in files

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THE MAYFAIR ORCHESTRA (as Peerless Orchestra) — Eli Hudson, conductor:
Fiddlesticks Rag
(Al B. Coney)

London: February 15, 1913
Zonophone Twin 1049 (face # X-40709; mx. y 16300e)
Gramophone Co. studio group; Hudson is listed in files

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Discographical data are from the original Gramophone Company files, courtesy of Dr. Alan Kelly.

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Paramount Records Before the Blues (May 1918)

This stunning double-sided ad ran in the May 1918 Talking Machine World. Paramount had recently introduced 10″ discs to replace its initial 9″ offerings; the last of the latter appear in the No. 6 Supplement, alongside the 10″ offerings. At this early stage, the trademark eagle perched on a phonograph rather than the more familiar globe.

The large structure to the left is the Paramount pressing plant at Grafton, Wisconsin, a converted water-powered mill that already had a long and varied history when this ad appeared — you’ll find the whole fascinating story of the Grafton complex in the new expanded edition of Alex van der Tuuk’s Paramount’s Rise and Fall. The smaller structure to the right would eventually house the studio in which the likes of Son House and Skip James recorded.

In 1918, however, Paramount was recording exclusively in New York, and doing its best to imitate Columbia and Victor. Note the usual NYC studio free-lancers — Henry Burr, Collins & Harlan, Louise & Ferera, Arthur Fields, Grace Kerns, the Shannon Four, et al. Even some of the portraits are the same as those used in the major companies’ catalogs. Fortunately for posterity, the powers at NYRL eventually realized there wasn’t much money to be made by following the pack, and instead turned their attention to the new race-record market (although there wasn’t much money to be made there either, as it would turn out).

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