The Film Daily (1935)

Thursday, Oct. 17,1935 'A PARTINGTON ON STAND AT ST. LOUIS HEARING (Continued from Page 1) the most effective witness the government has placed on the stand so far. There was just enough variation between what he said about the happenings and conversations at the two meetings from the previous testimony of Arthur on the same events to carry conviction of his veracity. His simple, direct manner and lack of any attempt to appear smart was of great value. His explanation of his utter lack of knowledge concerning important details of the theater situation in St. Louis when going through a severe hours' cross-examination by Frederick H. Wood of Warner counsel was: "Mr. Wood, I am simply just one of these peculiar personages known as a production manager. My work is with acts, actors and stage shows. I am not a business man and so far as leases, equities and such things are concerned I don't know much about them. I am not trying to avoid your questions and I am telling you all this so you will understand." Asked if he accepted the statement credited to Abel Cary Thomas that the Snyder-Arthur deal for the Ambassador, Missouri and New Grand Central theaters was a "sucker deal" as a correct description of the deal, he said they left all such matters to Arthur, that he had sufficient confidence in Arthur's ability to know that he would not make a "sucker deal" and that he would say on that basis that it was not a sucker deal. He told how he and Arthur went to the Warner offices on March 6, 1934, to learn something about a theater war in St. Louis reported in The Film Daily of that date, of going into the office of Gradwell Sears and how Sears, when asked by Arthur as to what the trade paper article meant and if there wasn't something that could be done about it, said, "You fellows have gummed the works for us down in St. Louis. Warner Bros, have a large equity in those properties, $4,000,000 invested in them and we are going to get them back". At the opening of the morning session Russell Hardy recalled Thomas N. Dysart, chairman of the bondholders' protective committees, and David Levinson of Chicago to give them an opportunity to correct their testimony given Tuesday and Monday. This step was opposed by counsel for the defendants. Dysart was permitted to eliminate the word "legitimate" from the statement he said Starr made at a meeting in May, 1934, that "Warner Brothers would use every legitimate means to keep Fanchon & Marco from getting pictures for the Ambassador, Missouri and New Grand Central theaters." Levinson made no correction in his statement. Fred W. Straus of Chicago, a Short Shots from Eastern Studios = By CHARLES ALICOATE ~ PRODUCTIONS Ross, Maxine glOGRAPH started work this week at the Biograph studios on the fifth of the Major Bowes amateur talent subjects. John H. Auer is directing the shorts, which are being released by RKO. • Aunt Jemima is featured in a onereel Vaudeville Vitaphone short now in work at the Brooklyn studio. Appearing with the star are Helen Reynolds and her troupe of eight girl skaters, Edwin George, Benny Stuart. ing. Stone and Eddie Joseph Henabery is direct Walter Connolly, playing the leading role in Hecht-MacArthur's "Soak the Rich", was interviewed over station WMCA Tuesday night by Ernest Heyn, eastern Editor of "Movie Mirror" and "Photoplay" magazines. Connolly told how Hecht and MacArthur write, direct and produce pictures and how the methods of film production in Astoria differ from those in Hollywood. member of the bondholders' committee, testified to the refusal of Harry Warner and Herman Starr to accept the proposal of Rosenthal in September, 1934, to endeavor to work out a solution of the St. Louis situation, as they were satisfied with the results at the Shubert and Orpheum theaters and were not interested in the Ambassador, Missouri and New Grand Central. An interesting development of the cross-examination of Partington by William R. Gentry, Paramount counsel, was that the witness, while in New York during the recess of the Court during the past week end, had ascertained through reading Film Daily that George J. Schaefer had spent a vacation in Miami between Feb. 15 and March 12. Partington wasn't sure of the date when he and Arthur talked to Schaefer in his New York office, but said it was after March 6 and before April 7. Arthur in his testimony earlier in the trial had put the time within several days of March 6. He denied that he had told Hardy that they went to see Schaefer immediately after talking to Warner officials on March 6. Later in the day Jacob Chasnoff, attorney for the general mortgage bondholders' committee, and Joseph A. Grand, attorney for the bondholders' protective commitee and the trustees under the first mortgages on the theater properties, gave the,jr versions of what transpired at a conference of interested parties held in Am-il, 1934, at which the Warner and bondholder plans for reorganizing and operating the properties were discussed. There was some differences in their recollection of what had transpired. Grand thought the meeting was April 6, 1934, while Chasnoff thought it was April 2, 1934. Grand said that the meeting resulted from a suggestion from Federal Judge Charles B. Davis made earlier in the day that the parties make another effort to get together, while Chasnoff thought the suggestion referred to another meeting. Grand threw an entirely new light on why Herman Starr apparently refused to go through with his offer to take leases on the theaters on the same basis as in the Snyder lease. Grand expressed the belief that Dysart misunderstood Starr's offer to relate solely to a lease, while Starr apparently meant the lease to be part of the general reorganization plan being advocated by Warners. Jules Levy, general sales manager for RKO, was the last witness of the day. His cross-examination had not been started when court adjourned. In response to a series of questions by Hardy, he outlined the general plan of producing, distributing and releasing pictures, revealed that RKO in 1933-34 released 44 pictures, and 52 in 1932-33, and he also identified the final draft for 1934-35 season of a group of pictures from his company for use in the Shubert-Rialto and Orpheum theaters here. UNABLE TO WORK OUT ARBITRATION SYSTEM (Continued from Page 1) opinion that arbitration as provided optionally under the standard exhibition contract is unwieldly and unsatisfactory. When a decision is rendered by a committee, there still remains the necessity of obtaining a court order to enforce the award. Furthermore, there is dissatisfaction with the arbitration committee selection arrangements under which each side selects two members. Kallet Circuit After 10 Additional Houses (Continued from Page 1) weeks. The former house, originally called the Quirk, seats 1,300 and the latter 700. The circuit has also taken over the Temple at Pulaski, the house having a capacity of 700 seats. The Palace and Rex, both located in Genesee, are also being added to the circuit, which has also acquired the Avon at Canastota. Extensive improvements have been effected in all acquisitions. Paramount is a partner in the Fulton operations. "Red Army Days" for Cameo "Red Army Days," Soviet feature, opens Saturday at the Cameo. To the Critics! (God Bless 'Em— Right or Wrong!) they'll all be at JACK DEMPSEY'S TO-DAY at the AMPA luncheon Come early and avoid regrets! FRANK BUCK, DR. IGOR HODAPP (famed Central European movie expert who will reveal some surprising secrets about this industry) and all the New York newspaper critics including ANDRE SENNWALD, REGINA CREWE, GERALD BREITIGAM, JULIUS COHEN, MARGUERITE TAZELAAR, RICHARD WATTS, KATE CAMERON, WANDA HALE, BLAND JOHANESON, THORNTON DELEHANTY, IRENE THIRER, MARTIN DICKSTEIN, LEO MISHKIN, KELCEY ALLEN, BIDE DUDLEY, BORIS MORROS, LOUIS CALHERN AMPA LUNCHEON TO-DAY