The New York Clipper (January 1917)

January 3, 1917 THE NEW YORK CLIPPER A U D E V I L L E H. FITZGERALD BEATS OLIVER INTUIT COURT DISMISSES CHARGES In the Bronxville Court last Saturday, Magistrate Groehl dismissed the charges against Harry J. Fitzgerald, charged with conducting a theatrical agency without a license. In dismissing the case the court held that the evidence submitted was not sufficient to prove that the defendant had violated the agency law on which the action was, based, as there was no evidence to prove that be conducted an agency within the meaning of the law. The "Fitzgerald-Oliver Case," as it was best known, has been before the courts for months and created widespread interest among all members of the amusement pro- fession, including managers, agents, and performers. It was considered a test case, as it was the first real opportunity the White Rats had of bringing an action against an agent since the passing of the present agency law by the New York State Legislature several years ago, and for the passage of which the White Rats were re- sponsible. About three months ago James A. Tim- ony, then attorney for the White Rats, i.rought an action against Fitzgerald, who was charged by James Oliver with con- ducting an agency without a license. Oliver was proprietor of a tronpe of acrobats known as the Six Tumbling Demons, and had secured bookings for his tronpe through Fitzgerald. • Timony brought the matter to the atten- tion of License Commissioner Bell and thus the Bureau of licenses became chief prosecutor. Inspector Duffy, of that De- partment became the complainant and the City of New York was called upon to fight a battle between a performer and the man through whom he secured employment. James S. Kleinman, attorney for Commis- sioner Bell, became chief prosecutor, with James A. Timony as assistant, while Arthur S. Barnes and Charles Harwood looked after the interests of Mr. Fitzgerald. At the first hearing, about three months ago, counsel for the defendant placed in evidence a manager's agreement, which ex- isted between Oliver and Fitzgerald, under, the terms of which counsel for the latter averred he (Fitzgerald), acted for Oliver, and it was this instrument that Messrs. Timony and Kleinman fntilely endeavored to prove a subterfuge which was used by Fitzgerald to evade the law. The complainant-placed almost their sole dependence upon James Oliver himself, but be proved to be no star witness, suffering from frequent lapses of memory and in the re-direct examination contradicted testi- mony he had previously given. At the hearing on December 28 the tes- timony of Walter C. Kelly, "The Virginia Judge," given at a previous hearing, was stricken from the record, In spite of the fact that counsel for the complainant re- garded Mr. Kelly as a leading witness. The case has been adjourned many times on the request of Timony, who assigned as his reason that he was unable to sub- poena J. J. Murdock, of the United Book- ing offices, whom be considered a material witness. However, Mr. Murdock did 'not appear at any of the bearings and the case dragged along'for months. In the' meantime, Oliver and his Six Tumbling Demons have not been playing for the reason that Oliver had to be in New York City to be on hand when the court proceedings required his presence. BENEFIT FOR MRS. MICHEL This evening an entertainment and ball uill be held at' the Manhattan Casino, Eighth Avenue and One Hundred and Fifty- fiftth Street, for the benefit of Mrs. Charles Michel, wife of the agent who is serving with the French army. For a time Mrs. Michel looked after her husband's business here, but the odds were heavily against her and she finally allowed friends to give the affair, which will be held tonight. Michel was known as a for- eign vaudeville agent. TANGUAY AT MAJESTIC Chicago, Jan; 1.—Eva Tangnay is head- lining the Majestic bill.this week. She has had a short rest and has undergone treatment for her throat. Harry Weber plans to book further time for the comedi- enne. ■ ■ • SHEEDY TO BOOK NEW STRAND St. John's, N. B., Jan. 2.—The new ■ Strand here is to be booked by the Sheedy agency. The house will open in February. This agency also plans the bills at the Strand, Halifax. VAUDE. SHOW TO TOUR CUBA Sylvester Schaeffer is heading a vaude- ville show to be sent to Cuba. It will con- sist of seven acts and the company will play a four weeks' engagement in Havana and later South America. KATE ELINORE HAS TREE Montgomery:, Ala., Dec 25.—Kate Elinore presented her company of players with a tree loaded with presents. Sam Williams and Ghiqulta came in for a big share. NO FORD AID FOR RATS Detroit, Jan. 2.—Henry Ford denies the rumor to the effect that he was to give financial aid to the White Rats in order to carry on their strike. BERNSTEIN SIGNS DARCY Freeman Bernstein, vaudeville booking agent and all-around promoter, signed a contract with Lea Darcy, the. Australian pugilist, for his services for a period of fifteen weeks in vaudeville, Bernstein declared that he was paying Darcy $75,000, while from Darcy'8 personal manager a statement was forthcoming that $45,000 was the amount involved. Bernstein is negotiating with several vaudeville man- agers to obtain engagements for Darcy, who will deliver a monologue and do a sparring exhibition. MORRIS AND WALTERS TO SAIL DecaTDB, HL, Jan. 1.—Eddie Morris, of this city, and his partner, Tom Walters, sail January 6 for England to play vaude- ville engagements. They are booked for a year in London and the English provinces. ALMA MOORE STARTS SUIT St. Linns, Jan. 2.—A |20,000 suit for alleged defamation of character is being started here by Alma Moore, wife of Fred Moore, of Moore, Gardner and Rose. MERIDEN SEES POU VAUDE. Meriden, Conn., Dec 27.—Instead of the regular stock shows at the Poli Theatre this week, a vaudeville bill was on the boards. TEAM BACK AFTER TOUR After completing a world's tour, Mildred Grover and Dick Richards returned to New York last week. They were gone more than two years. NEW SKETCH FOR BERNARD "Who Is She?' the Willard Mack play- let on the Orpheum Circuit as the vehicle of Joseph E. Bernard and Hazel Herring- ton, win be discarded next season. A new Mack sketch, entitled "Bob's Blooming Banc," will replace it DIVING MODELS CANCEL Cincihnati, O., Dec 28.—Because,their tanks reached here too late. ConroyV Div- ing Models canceled at Keith's and Bob Dailey and Co. filled In. SKETCH FOR DOROTHY REGEL "The Girl Who Made Good," a playlet by Tom Barry, has been accepted by Dorothy Regel for her next vaudeville sketch. It will be produced under the di- rection of Joseph Hart and the cast wOI include five people DE VR1ES HAS NEW ACT Henry de Tries, the Dntch protean actor, is to appear in vaudeville soon in a new act. SILBER AND NORTH CANCEL Chicago-, Dec 27.—Because of illness, Silber and North left the bill at the Ameri- can for the last half of last week. MISS WATSON READY FOR VAUDE. LnoHe Watson will shortly appear in vaudeville in a vaudeville sketch of. which she is the author, entitled, "Lotus." LOUIS REINHARD MARRIED Louis Reinhard, orchestra director of the Orpheum Theatre, Brooklyn, was mar- ried last week to Helen M. 8ykes. ISADORA DUNCAN TO CUBA Isadora Duncan has abandoned her trip to the Coast and has sailed for Cuba. MABEL BERRA Df NEW ACT Mabel Berra, vaudeville prima donna, will open with an entirely new offering after the first of the year, assisted by a concert pianiste. W. J. MeKenna Is re- sponsible for the arrangement of the sing- er's r eper toi re, also contributing two special numbers to the new torn. PATSY'S PATTER The skeptical public who think because Houdini performs his marvelous exhibitions so quickly and deftly that there is no dan- ger in them should know that he had a narrow escape at the Palace Theatre last Saturday afternoon. The heavy lid for his Chinese water torture ceU in which his feet are firmly clamped, and which is lowered with him dangling into the water head first, refused to lock. The attendants were about to give the signal to flyman to raise the lid again, when it caught, and the rest of the routine of fastening bolts, drawing curtain for a couple of seconds, and his release, were accomplished in breathless suspense by all. Houdini came off the stage, how- ever, laughing at his narrow escape from strangulation. Little Frances White had a dandy Christ- mas tree this year all her very own, with mother there to add the real touch of happi- ness required at this season of the year. Some wonderful silver pieces from Mr. Rock, lots of original and expensive gifts from father, mother and her many friends, and lastly, but most important of all—a large collection of dolls of every size and nationality. If any one thinks this clever little artist is grown up, they should have seen her sitting on the floor of her apart- ment in the Somerset, playing with those dolls. Her big success In New York City seta as lightly on her severely dressed little head, as that black crow she wears on her back sometimes. Those two frail delicate girls. Truly Shattuck and Marts Golden lay off Janu- ary 8 and 16 and are going to hie them- selves to West Baden, Ind., for a rest and general bracing np. Incidentally they wUl spend a little time on their new act for next season, which they have Just received from s well-known author. They assert that Santa Clans was very nice to them and that they are having a dandy time. Everyone don't abuse the Middle West yon see. Western Vaudeville Association please send thanks. Adeline Francis has just made two new original stories for the phonograph records. She conceived the idea sometime ago of recording fireside and fairy tales to enter- tain the children as -wen as the grown ape, The phonograph people are delighted witn the result of the experiment—Christmas orders being particularly big. It is not generally known that Lola Went- worth has more than "fused around" an aeroplane She has made several flights and as she says herself, is "Just crazy" shoot It She Is featuring a miniature machine la her new single vaudeville specialty for an ex- clusive number, "Yon Have to Behave la a Flying Machine." Madison ft Winchester at the H. O. H. last week need the Gangs Din recitation to syncopated time. They may not know ft, but Ames and WInthrop have been using it an season, and It might look to some as if they had deliberately purloined it.