New York Clipper (Jul 1923)

July 4, 1923 THE NEW YORK CLIPPER 5 SPIEGEL'S MOTHER-IN-UW'S OFFER TO UQUI DATE CLA IMS REFUSED Mn. Mitchdl M. Mark's Offer to Advance $350,000 to Setde Theatre Owner's Affairs Could Not Be Accepted Due to Objections of Attorneys for Shuberts and Markowitz— Another Meeting To Be Held on July 24 Overtures for the settlement and liquida- tion of all claims against Max Spiegel, the theatrical producer and theatre owner who is now confined as an insane patient in a a sanitarium at Stamford, Conn., were made to the creditors of Spiegel at a special meeting called for the purpose in the United States District Court by Ref- eree Harold P. Coffin last Friday after- noon. The proposition submitted to Coffin and the trustee of the bankrupt's estate was that Jlrs. Estelle Mark, mother-in- law of Spiegel and widow of Mitchcl Mark former head of the Mitdiel Mark Realty Corporation, which controls the Strand Theatre, New York and other theatre properties would be willing to expend $350,000 to clean up the financial difficulties of her son-in-law. With the exception of two creditors all were willing to accept the proposition. But as these two held out, Referee Coffin de- cided that he would adjourn the meeting until;j7uly 24 to allow the attorneys and representatives of Mrs. Mark to take up the matter with these creditors. Those op- posed to accepting the settlement were the Shuberts who hold a $29,000 claim against Spiegel and Irving Markowitz who has a claim of $2,500. Both of these claimants were represented by counsel at the hearing, who stated that their clients had not per- mitted them to accept any settlement which would be made along the lines submitted by Mrs. Mark. Mrs. Mark's terms in settling the dif- ficulties of Spiegel were to pay ten cents on the dollar of all unsecured claims and twenty-live cents on the dollar for all col- lateral which was spurious on which Spiegel obtained loans. Those of the cred- itors who held good securities for their loans were to be paid the full amount of their claims. At the conclusion of the meeting Leo Oppenheimer, attorney for the trustee said: "A great many banks want to foreclose their collateral, but are awaiting the re- sults of this creditors' meeting and will not wait much longer. I would like to get consensus of opinion here. Let us sub- mit the matter to a formal vote." With the exertion of the representa- tives of the Shuberts and Markowitz all the other creditors and Referee Coffin were willing to accept the settlement. ^ Mr. Oppenheimer in making the proposi- tion which was submitted by Edward Hymes, the trustee, said that those who held spurious securities would be allotted twenty-five cents on the dollar providing they surrendered their right to proceed against the Mitchell A. Mark Realty Com- pany for having placed Spiegel in a posi- tion to do these alleged forgeries of cer- tificates. The forgeries are said to amount to about $520,000. In submitting the proposition of Hymes to the creditors Mr. Oppenheimer said that it was an offer for a "common law settle- ment." He said Spiegel had 'been judicial- ly committed as an insane person; that some of the creditors entertained grave doubts as to the mental state of the bankrupt; that his moral affliction, how- ever inexcusable, was not of consequence :n arranging a business-like settlement. He said that the situation in this case was a very difficult one; that the trustee realized that one-half of. the creditors advanced their money on securities that have since been found to be spurious. He stated that a large number of ac- ceptances to the offer of Mrs. Mark has already been made and that it was the wish of the trustee to submit the offer to the court and to all the creditors. Joseph Ottenberg attorney for the ma- jority of the creditors said it was' hoped to realize an equity of from $50,000 to $(50,000 from the wreck of Spiegel's enter- prises and that then the first complication would arise—the settlement of a $200,000 claim held by Samuel Pctt, who holds a judgment against certain securities, filed prior to the time of the petition in bank- ruptcy. Mr. Ottenberg urged that it was neces- sary to get the consent of all the creditors as only under these conditions would Mrs. Mark consent to make the settlement and clear up the difficulties. He also brought out the fact that unless settlements were made that it would be most trying for the creditors as the case would have to take its normal course as far as proceedings be- fore the referee were concerned and that it looked as thoug^h those creditor? who wanted to press their claims would have to raise a ftmd to fight their cause, which might take a great many years with the result that less would be gained then, than there would through an immediate settle- ment. Among the creditors represented at the meeting were the 23rd Waid Bank which holds a claim of $11,000; Charles Moore whose claim amounts to $2,223; the Motors Mercantile and Commercial Company to whom there is $8,000 due; Edward Monet who has $B,000 outstanding and the Gotham National Bank which has an ac- tion i>ending against it for $56,000 on securities pledged by Spiegel. All of these creditors are willing to ac- cept the proposition of Mrs. Mark as their attorneys contend _ that "a bird in the hand is worth two in a bush." It is expected that the creditors will bring pres- sure to bear on the two creditors who are at present against accepting the proposi- tion so that by the time the meeting is held again they will be willing to accept the settlement offered. It is reported along Broadway that upon, the settlement of the claims that endeavors will be made to have Spiegel freed from the sanitarium and sent to Europe, with his wife, for a vacation. MOiUUSEY AND EQUITY DIFFER And now it is Will Morrisey and the Actors' Equity who are at loggerheads. The trouble seems to have been precip- itated by Morrisey not posting the tisial bond demanded from all independent pro- ducers, to act as "strand insurance" should his forthcoming revue, "The Newcomers," not live up to expectations. Morrisey feels reasonably confident that it will. Equity evidently is not so confident. Prom a reliable source it is said that the Equity had been expecting a visit from Will with said bond for more than a week. When it had not materialized up to last Thursday, a delegation from Equity called upon him at the Times Sfiuare Theatre, where the show is rehearsing. Will was deeply engrossed "pepping up" kick lines for "Those Good Old Gags,' one of the big numbers of the show and refused to be annoyed. But the Equity folk were in- sistent. This aroused his ire—or Irish— and prompted Will to remind them that a rehearsal stage was no place for business, other than that which the authors had written into the libretto. The outcome was that the Equity folk addressed the company and told them where Morrisey stood with them and that he had not posted a bond, as required, but that they could use their own judgment as to whether or not they continue with the piece. It was made plain that if they continued with Morrisey without his bond being up they would be acting entirely upon their own responsibility. None had walked out on Saturday nor had Morrisey posted a bond. It is the general opinion that the difficul- ties will be ironed out before the Morrisey show departs for its out-of-town opening. The bond proposition seems to be the only fly in the ointment with Equity, inas- much as Morrisey's company is one hun- dred per cent Equity. NEW SHOW FOR JACK NORWORTH Jack Norworth is winding up his vaude- ville tour and will shortly begin rehearsing a new comedy, "Honeymoon House," which will serve as a starring vehicle for his return to the legitimate stage. The piece is the joint effort of Herbert Hall Winslow and Emil Nytray. BERNARD GOES TO EUROPE Barney Bernard, ivho recently closed an engagement in "Partners Again" sailed Tuesday on the Aquitania for England. Bernard will remain abroad until the mid- dle of .\ugust when he will return to be- gin rehearsals in the Collier and Bernard revue at the Fulton Theatre. TED LEWIS SHOW OPENS AUG. 4 The Ted Lewis "Frollics," featuring Ted and his band, will open at the Shubert Theatre, Boston, on August 4. After a four-week run in the Hub the piece will be brought into New York. In addition to Lewis and the band the cast includes Julius Tannen, Lillian Lorraine, tovty Lee, Joe Morton, Jane Taylor, James Coughlin, Capman and Capman, the Lomas Troupe and Nan Decker. WOODS GETS "RED UGHT ANNIE" Having turned over the majority of in- terest in Sam Forrest and H. D. Housom's play "Red Light Annie" to A. H. Woods, Sam H. Harris has relincjuished all ac- tive interest in the production and Woods will stage and produce it at the Booth Theatre, on August 20, with Mary Ryan at the head of the cast. The show was tried out last spring by Harris under the title of "Snow." WOODS TO DO LAWRENCE PLAY A. H. Woods has secured the rights for produifing a play written by Vincent Law- rence which was recently presented by the stock company at a Worcester, Mass., the- atre. No title has been chosen for the play and at the time it was presented in Wor- cester a contest was held to select an •» appropriate title for the play which as yet has not been selected. ANOTHER B4YSTERY PLAY Another mystery play has appeared in the offices of the producers for inspection and production. It is entitled "The Jade Blade" and was written by Lee Rawley, a New York newspaper man. Your Old Friend PAT WHITE and Jack,' the Dancing Dog. To be featured with Fred Clark's "Let's Go" Company this season. 2,000 AT SAVOY FUNERAL One of the most impressive funeral ser- vices ever held for a member of the tbea- trical profession took place last Friday, when 2,000 stage, screen and other friends of Bert Savoy, comedian, who was struck by lightning while bathing last Tuesday at Long Beach, crowded in and aroimd the Funeral Church at Sixty-sixth street and Broadway, where the Rev. Dr. Nathan Seagle, rector of the St Stephen's Protest- ant-Episcopal Church officiated. Beautiful flowers from many sources lit- erally covered the Funeral Church and not the' least among the wreaths in the chapel was one inscribed "husband" from the ac- tor's divorced wife, Anne Savoy. Those present included many jirominent stage folk and at one time the crowd in front of the place was so congested that police reserves were called to clear the street and direct traffic. Jay Brennan, Sa- voy's teammate on the stage, was deeply affected at the services. Brennan was on his way to French Lick Springs for a short vacation when he was recalled by the news of Savoy's death. Others present' included: Mrs. Mary Walker, of Chicago, mother of the actor; the Reverend Claude Reader, curate of the Little Church Around the Comer; Eddie Omtor, John Charles Thomas, Blanche Merrill, Mrs. John Sagan, mother of Ina Claire; Flora Finch, motion picture ac- tress, and members of the "Little Nellie Kelly" company, as well-as members of the latest edition of the "Greenwich Village Follies" in which Savoy and Brennan were to re-open in the Fall when the show went on tour again. Mark Wilson, mana^cer of the Chesnut Street Opera House, Philadel- phia and other out of town theatrical people were present also. Thirty automo- biles filled with relatives, fnends and flowers followed the body to Woodlawn Cemetery, where it was placed in a vault Savoy and Bremian, did not take out life insurance policies favoring each other as beneficiaries after all, it became known last week. The policies were to be taken out through George Coxey, insurance agent who had already taken the preliminary steps with the New York Life Insurance Company, but the final arrangements were never concluded. At the last moment Sa- voy is said to hive changed his mind. CANTOR TO TRY PICTURES Test pictures are being made of Eddie Cantor, of "The Follies" in blackface and should they register properly one of the large film concerns is prepared to give him a contract for a series of pictures. Tins concern, it is said, figures that with the amount of publicity given Al Jolson when he disapmared from the Griffith lot, that in case Cantor should come up to expec- tations in the "tests" there will be little ° difficulty of putting him into the positioa that Jolson was stnving for at the tune he left the Griffith studios for Europe. The disappearance of Jolson from the Griffith lot is reported to have cost D. W. Griffith $72,000. There was $60,000 ex- pended for street scenes and other scenic investures for the picture and it is said that the Griffith organization had spent in the neighborhood' of $12,000 for salaries of actors and people that were used in sev- eral mob scenes that were "shot" early in the picture. According to a reliable in- formant more than 6,000 feet of the pic- ture "The Qown" had been taken when Jolson got "screen fright" and suddenly sailed for England. MUSICAUZING "FRIEND MARTHA" ArranRements have been completed be- tween Joseph McCarthy, Harry Tiemey and Edgar MacGrcgor whereby they will make a musical adaptation of Edward Pcplc's play. "Friend Martha," which was produced under the direction of MacGregor at the Booth Theatre two years ago. 'The musical version will be presented by Peple in association with J. J. Shubert. "THUMBS DOWN" AGAIN "Thumbs Down," a new melodrama by Myron C Fagan which was tried out earl- ier in the season, will make a fresh start in Atlantic City on July 16, after which it will move to the Walnut Theatre, Phila- delphia, for a run.