Boxoffice (Apr-Jun 1939)

scribe what you saw in there.” “Just the interior of the theatre with a lot of seats.” “And how long did you stay in there?” “I wasn’t in there,” said Unger. “Just in and out.” “At what time of the day was it?” “I believe about 12 o’clock. Something like that. Probably one or one-thirty.” “That would be in the afternoon?” “Yes.” “Was there a performance going on then?” “I believe there was,” stated Unger. “Yes, there was a performance going on so it must have been around 1:30.” “Did you identify yourself at the boxoffice or at the ticket office in order that you might be admitted?” “No,” said Unger. “How long did you stay inside the theatre?” “I have already stated . . . just walked in and out,” said Unger. “Not over a minute?” “Probably one or two minutes,” Unger stated. “And did you sit down in the theatre?” “No.” “So that you are not able to tell us what kind of seats there were there, are you?” Ryan continued. “No, sir.” “Did you look around the theatre?” “Just glanced about,” Unger stated. “Yes, sir.” “And the screen was illuminated in order that the picture might be shown? And the remainder of the theatre was in darkness?” “Yes, sir.” “What did you see about it, and where did you see any signs of filth,” asked Ryan. “I think the lobby was filthy,” stated Unger. “And by ‘filthy,’ what do you mean?” “Dirty,” said Unger. “Newspapers lying around in the lobby.” “What else?” asked Ryan. “That’s about all.” “And inside the theatre, what did you notice about the ‘filthy’ condition?” “Well,” stated Unger, “the house was dark. I couldn’t see very much of the inside. I didn’t sit in a seat.” “What did you observe about the rundown condition inside the theatre?” Ryan wanted to know. “Oh, I don’t know,” said Unger. “I cannot tell you off-hand.” “Well,” Ryan said, “if you found the theatre rundown, there must have been some facts you observed that might have given you that impression.” “I have already stated,” said Unger, “I thought the lobby was dirty and filthy. That’s enough of a conclusion for me.” “That means rundown, too?” “Yes,” stated Joseph J. Unger. Union Will Nominate New Haven — Nomination of executive board members and a business agent for election at the June meeting will highlight the session May 26 of the local exchange employes union. Katherine Fitzgerald will preside. Current employe contracts expire in November. ■pHE Lakewood Players open their 39th consecutive season at Skowhegan, Saturday night, May 27, according to Hal Cail, former dramatic critic on the Portland Evening News. Cail now heads the publicity department for the players. Melville Burke, director, arrived at Skowhegan this week to get preliminary work for the opening started. Burke is to employ a new system this season, that of securing a series of feminine guest stars to play leading roles instead of one leading woman, as has been done in the past. Among those named for the current season are Fay Wray of motion pictures, Jean Dixon of screen and stage, Jessie Royce Landis, Sylvia Field and Edith Barrett. The Lakewood Playhouse will be the first of the summer legitimates to open. Our sympathy to Mel Morrison, whose father-in-law, William Mullen, died at Brocton, Mass. Morrison manages the Strand at Dover, N. H. Francis Gooch, manager of the Uptown, Bath, Me., is being called “lucky” by all and sundry. Gooch joined a “suit club” recently and the second week he won a suit. Pushing his luck while it ran, he joined a “top coat” club and proceeded to run away with the prize the very first week after joining. A new walnut and maple front with lumiline lamps is being installed at the State Theatre . . . ‘‘Union Pacific” has br might out the SRO sign at the State each night since it opened May 9. Frank Carlos Griffith, 87, an actor who left the stage to manage the English actress, Lillie Langtry, is dead. He was bom in Dixfield, Me., and during the greater part of his life spent his summers at Poland Springs, Me. Defense Petitions in Millett Suit Denied Boston — Major distributors’ petitions in the anti-trust suits of C. F. Millett and Frank LePage were denied in toto by Judge John A. Peters of the U. S. district court for the southern district of Maine. The Portland action was the latest move in the respective $100,000 anti-trust suits being brought against the eight majors and the Graphic Theatre circuit by Attorney George S. Ryan. Localities involved are Bridgton and Millinocket, both in Maine. The defendants requested the court to dismiss the anti-trust actions, that certain portions of the bill of complaints be stricken, and that Ryan be instructed to file a bill of particulars. Judge Peters ruled against all three motions, declaring: “The motion to dismiss would probably be sustained under the old practice, but not since the rules of civil procedure became effective. These rules have such elasticity that issues can be separated, a jury trial had when necessary on one or more issues, and required action taken by the court as in equity. The defendants will suffer no injury and lose no rights by the fact that in a single count the plaintiff asks for damages and equitable relief. “In regard to the motion to strike, it is not necessary to consider in detail the various items. In exercising the power to strike it should be very clear that the matter stricken ought not to be in the complaint. It is true that redundancy and irrelevancy are not favored and should be eliminated: but if no harm is done and the matter is not clearly objectionable it is safer to leave the complaint as it is. For instance, defendants ask that the reference to certain statutes which the plaintiff has made be eliminated because of the inapplicability of some of them. It cannot do the slightest harm to the defendant to have in the complaint a reference to all statutes which the plaintiff thinks may have a bearing on the case. I prefer not to attempt to reform the complaint. It is prolix, but can be understood, and I can see no harm to the defendants by leaving the allegations as they are. “The motion for a bill of particulars relates largely to details of the alleged conspiracy, when and where formed, who were present, etc. This usually cannot be done in the case of a conspiracy, which is seldom formed by agreement at one time or place and between all the defendants. It may be inferred from their acts and may be initiated by one and joined by others at any time. It is clearly impracticable to supply any such information and should not be ordered in this case. It seems apparent that no injustice would be done by leaving the complaint as it is for the present at least, and entries may be made denying the motion to strike, denying the motion to dismiss, and denying the motion for a bill of particulars without prejudice. At a later stage of the litigation it may be possible that the judge trying the case would consider it necessary that further particulars be ordered. Under present methods of procedure no injustice will result by this action.” High Court Hearing Nears For Bank Night Appeal Boston — Allowance by the Brockton superior court of a bill of exceptions, filed in the anti -lottery suit in which the defendant was Roy E. Heffner jr., of the Key Theatre in Middleboro, has cleared the way for an early state supreme court hearing of the Bank Night appeal on the test litigation which involves the status of the boxoffice bolster in Plymouth and Norfolk counties. New England Trio Offers Bike Giveaway Deal Boston — Joe Schmuck, James Kennedy, and Ernie Warren are now associated here in a new giveaway which is billed as a Bike Popularity Contest. Theatremen who have already signed for the deal, according to Schmuck, included Adolph Burroughs, Lloyd Bridgham, Fred Markey, Joe Dondis, Andrew St. Ledger, George Hackett, Fred Green, Roy Heffner, and Joseph Mathieu. 64 BOXOFFICE :: May 20, 1939