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BURLESQUE N E WS f (Ooatfawsd inaa pa** U inJ « n »a B) MORE WITNESSES EXAMINED IN SUIT right; that he watched It again, and as the week went along the show Improved; that It was one of the good shows that had played there; and that was about all of the conversation. Questioned on cross-examination, Cum- mlngs testified as follows: Q.—Are you at present employed or otherwise Interested In any enterprise with or on behalf of I. M. or J. A. Welngarten? A.—1 am employed as manager of the Star and Garter show owned by I. M. Weln- garten. Q.—Did you ever nave any conversation with any lawyer or lawyers representing the plaintiff In this action respecting this case? A.—Yes, Mr. Harry P. Munns. Frank Freeman testified In part as fol- lows: Q.—Did you ever have a conversation with George E. Lothrop concerning the plaintiff's show, "September Morning Glories?" A.—Tea. It took place during the week of October 17th, 1918, at Boston. I remember, at the time, I asked him what was the trouble with "September Moaning Glories"; was it really as bad as It was painted, and be said, not when be amir It at his theatre, It was not half bad and he had seen worse; and to make sure of it he sat throug'u the show one time, and he sat through the first and that part was all right. It Beemed to give good satisfaction. he said, and to convince himself he sat through the second part and it was all right. And to be convinced still further he sat through the show again during that week and before it left his theatre that Saturday night, he said it was a whole lot better than a good many he had played, and It was as good as any of them, and it gave satisfaction at his theatre. Re could not understand why they took It away from him. That was practically all of that conversation. On cross-examination, In answer to a ques- tion, Freeman stated that at the present time he Is employed by I. M. Welngarten. He also stated that he would. llkeTo see -the plaintiff win this suit.* Joseph Carlvle, of the Englewood Theatre, Chicago, was the last witness. His testi- mony in part follows: .ft"^^ 13 yo £. * ver !■*■ » conversation with George E. lothrop concerning "Sep- tember Morning Glories"! A.—Yes. About the latter part of September or the flrat part of October, 1017. Mr. Lothrop told me that be understood that the show wss all wrong —was bad—and our scenery was bad and we had no costumes. I told him that we didn't have any—we had no costumes—and my scenery was in bad shape. We had the Star Theatre In Brooklyn to fix it up, but we somehow didn't get them. He wanted to Know where the costumes were, but we hadn't got them. We had i>bout one set of costumes. Mr. Lothrop told me he had some acta ready to put in, but in the meantime, that morn- ing, I told him I received our cancellation. "Well." he says, "as long ss we are closing, we won;t do it, as the show is terrible you might be able to get by." On cross-examination, Carlyle, who wss former manager of the "September Morning Glories", show offered testimony that Is obviously detrimental to the plaintiff's con- tention that the show wss a good one and that the defendant should not have revoked his franchise by reason of the badness of the show* Q.—What, was your connection with the show, "September Morning Glories," on Sep- tember 10, 1917? A.—I web the manager of the show. Q.—How long have yon been connected with burlesque? A.—About fifteen years. Q.—How long have you been in the the- atrical business? A.—About twenty-one years. Q.—State in what capacity and with what companies you have been connected in bur- lesque. A.—I was bill-poster at the Troca- dero Theatre here, and on the road with the "September Morning Glories" as agent before I was manager. Q.—in your opinion what was the nature of the production of the "September Morn- ing Glories" on September 10, 1017, wltb respect to its costnmes, scenery, chorus, play- ers, music and situations, and what was the ?uallty, good, bad or Indifferent, of the per- ormances rendered by this production and of the Items above mentioned? A.—It was very bad as to costumes, scenery, chorus, players, music and situations. Tbe perform- ers were bad, that Is, outside of two or three. We had to change the cast. Q.—From your actual experience and ob- servation of tbe audiences to which this show played in August and September, 1917, what was the reception given by such audi- ences to said show? A.—I don t know. Q.—Did you hear any members of the audi- ences to which this snow played in August and September, 1017, express themselves with respect to said show? A.—No. Q.—Were the performances rendered of this show satisfactory or unsatisfactory to the owners or managers of the various the- atres at which the show was played In August and September, 1017? A.—It was unsatisfactory. . The witnesses were all e x a min ed in Chicago last week before Commissioner Mordecai Schulman, who was designated by the New York Supreme Court, where the action ia now pending, and will probably be reached for trial within the next four weeks. T^wwrw^^^^^ TO WHOM IT MAY CONCERN: AL REEVES Champion Record Breaker of Burlesque and Holder of the • Largest Week's Business ever done in any burlesque theatre in this country. Have just broken all my previous records of profits at the Gayety Theatre,. Boston, last week, including my dividends from the Columbia Amusement Company, two bets I made on two horses at New Orleans and my week's profit at the' Gayety, in all amounting to $5,069.00 net My business, upon my return engagement was so large, that my life pal, Tom Henry, the man who woke up Boston from three's and tour's on the week, and now doing eight's and nine's on the week, inaugurated a scheme of putting in an extra matinee, on my Washington's Birthday, and the minute the opposition burlesque houses'got next to same, they copied our ideas, and they put in one. It's a good thing we have creat- ors of schemes that others profit by. AL REEVES Address: 145 State Street Brooklyn, N. Y. $ P. S.—Wish also to state I broke the night record business at the .Gayety Theatre. The Holiday matinee and Holiday night record of the house and made a new world's gallery record Saturday night. Sold 500 seats at fifty cents apiece '.o ladies and gentlemen in the top gallery. r /SS/SSS/S/SSS/////S/////////SSSS///S//////S/S//S/S//'S/>i. KLO PRIMA DONNA TRENCH FROLICS SMILING NELLIE WATSON SOUBRETTE DAVE MARION'S "AMERICA'S BEST" ;i\i NO SALARY TOO HIGH TO THE RIGHT PEOPLE WANTED FOR NEXT SEASON Berk-Kelly & Damsel's Attractions « TWO GOOD FAST JEW COMEDIANS AND ONE GOOD FAST DUTCH COMEDIAN WE WANT THE BEST ADDRESS ■ FRANK DAMSEL °* MIKE J. KELLY TnntCo. Can FreUcs at the rate Gs. EN ROUTE B. F. KAHN'S UNION SQUARE THEATRE STOCK BURLESQUE Wit h All Star Cast BILLY (GROGAN) SPENCER FRANK MACKEY J AS. X. FRANCIS BRAD SUTTON LOUISE PEARSON LORRAINE BABE WELLINGTON EVE LEWIS AND BIG BEAUTY CHORUS • AaUrasa all communication* to B. F. Kahn .... . ...- FRED HACKETT Look Me Over James E. Cooper's Blue Birds OLYMPIC, NEW YORK, THIS WEEK FEATURED PRIMA DONNA SAM HOWE'S SHOW 1917-18-1B BOUTTE and CARTER * Mans Us* -H*Uo Fame" FRANCES CORNELL WITH STROUSE * FRANKLYNS "PIRATES" PRIMA DONNA EDDIE HALL NUT COMEDIAN THE BOY WITH THE FUNNY LAUGH UOJTAMY MAIM KATHRYN DICKEY J AS. «.