Moving Picture World (May - Jun 1918)

Mav 11, 1918 1111-: MOVING PICTURE WORLD 865 { News of Los Angeles and Vicinity By G. P. HARLEMAN -j^lflfe! Goldstein Is Found Guilty Producer of "The Spirit of "76" Is Convicted by Jury on Two Counts — May Ask New Trial. ROBERT GOLDSTEIN, producer and exhibitor of "The Spirit of 76," was found guilty April 15 on the first and second counts of the grand jury indictment charging him with violation of the Espionage act. The verdict was returned by a jury in the United States District Court and was received by District Judge Robert S. Bean. Goldstein will not be sentenced until the return of Judge Bledsoe from San Francisco. Under the law Goldstein may receive a minimum sentence of a year and a day in the Federal penitentiary on each count or a maximum of twentytwo years and a fine of $11,000 on both counts. He will probably ask a new trial and, failing this, will appeal. The first count on which Goldstein was convicted charges that he attempted to cause insubordination, disloyalty, mutiny and refusal to do duty in the military and naval forces of the United States while the country was engaged in war, and the second count that he had in his possession property tending to cause such disloyalty, mutiny and insubordination. Almost the entire day was taken up with the arguments of counsel and the charge of Judge Bledsoe. On the part of the Government it was charged that the prohibited scenes in "The Spirit of 76" were clearly under the Espionage act and calculated to give encouragement to the enemies of the Allies; that the bad faith of Goldstein had been shown by his act of returning the scenes to the film after the picture had been shown without them; that the whole _ course of the preparation was pro-German. On the part of the defense historical truths were appealed to to establish the correctness of the scenes, and stress was laid on the fact that the judgment of Judge Kavanaugh of Chicago was against the immoral effect of the picture, not its unpatriotic tenor. Robert Goldstein was born and raised in San Francisco, is thirty-five years of age, and has been a resident of Los Angeles since 1913. For some years he was head of a firm of theatrical costumers. Something over a year ago he enlisted the services of George L. Hutchin, a promoter of the Portland Rose Festival, and the two wrote the scenario of "The Spirit of 76." A company was organized, known as the Continental Producing Company, and large blocks of the stock were sold. The record shows that while the alleged cost of "The Spirit of 76" was about $200,000, that only about $120,000 was collected from the stock subscriptions. The majority of the stockholders were Germans, it was charged. The picture was completed at the local studio of the Continental Producing Company early last summer, and the film was taken to Chicago for its premier. It ran afoul of Major Funkhouser, the film censor there, as soon as it had been shown a few times at Orch&stra Hall, and was denied a permit. The matter was taken into the Chicago courts, and Judge Kavanaugh renderd an opinion placing the ban on the picture on account of certain scenes in the film. The production went on the financial rocks in Chicago, but after the elimination of the prohibited scenes, another attempt was made to present it by the stockholders, who had in the meantime taken possession of the picture, but the engagement in Chicago was limited and the picture was brought back to Los Angeles, where it was turned over to Goldstein, who later on got it from the creditors of the corporation. A contract was signed to have the picture presented at Clune's Auditorium, and it was presented there to a small business, for an engagement beginning Tuesday, November 27, 1917. It ran that afternoon and night, Wednesday afternoon and night, and Thursday matiness, but it was seized Thursday night, under a complaint alleging that it was a violation of the Espionage act. Goldstein was taken in custody and placed in the County Jail, where he remained. being unable to raise the bond of $10,000 required by Judge Bledsoe. The scenes to which exception was taken, not only by the courts, but by Federal officials, purport to represent the famous massacre of the settlers in Cherry Valley, Pa., before the Revolutionary War, by English and Hessian soldiers. These scenes represented an English soldier stabbing a baby with a bayonet; the stabbing of an inoffensive old Quaker in the pioneer settlement by a Hessian ; the dragging of women by the hair by English soldiers, and what is known as the "bedroom" scene, representing an English officer carrying a young woman into his chamber. On the stand Goldstein admitted that he had restored these scenes to the picture, but offered as an excuse that they were necessary to put "pep" in the show. There is an involuntary proceeding in bankruptcy against the film now pending in the local Federal court, with debts of more than $50,000. William S. Hart on Liberty Loan Tour. William S. Hart, whose subscription of $105,000 for the third Liberty Loan is said to be the largest thus far received from any representative of the motion picture industry, started at the request of Secretary McAdoo on a tour of the principal cities of the Pacific coast on behalf of the third Liberty Loan, his first appearance being at San Diego, California, April 12. He also has spoken in Los Angeles, Salt Lake, Ogden, Butte, Spokane, Seattle, Tacoma, Portland, Oakland and San Francisco. Film Promoter Faces Charge of Swindling. Clarence C. Barr, director general of the Wonderlamp Pictures Corporation, a local film producing enterprise, was ordered held for trial in the superior court on a charge of defrauding Mrs. L. Verne Major, 418 North Chicago street, Los Angeles, of $160. Evidence was offered in the case indicating some of the organizers of the corporation had induced several women, who aspired to become motion picture stars, to invest funds in the company with the promise that they would be given special training, and made "headliners" in big productons. From Barr's statements on the witness stand, the company had a turbulent existence. He said that it incorporated under the laws of Arizona, but decided it would be much better to reincorporate under the laws of Montana. To tide over the period of financial distress, Barr said he had accepted contributions from actresses and that he had given five weeks of his services without compensation. Barr named C. A. Bentley as the manager of the company, to whom the funds had been intrusted. Mrs. Catherine Aucott, a brunette living at 427 South Figueroa street, was alleged to have invested in the concern and was promised a leading part in the productions of the company. Barr asserted he was successful as a director and could prove it to the court. He said they had arranged to conduct a studio at Glendale and held five rehearsals there. He also said he had offered the investors $500 worth of the company stock when it appeared that the company might not be able to meet the demands. The court upheld the motion of George A. Glover, deputy district attorney, to bind Barr over for trial and fixed bail at $2,000. Barr was released on bonds. Mr. Lytell was caught in the act of looking over the Moving Picture World for the review of his recent picture. Miller's Theater to Open September 15. The new Miller theater, now being erected at Eighth and Main streets for Fred Miller and associates, is being rushed to completion in record time. Work was started on the theater on February 11. All the walls are in up to the mezzanine floor and the great concrete slab covering the entire mezzanine floor has been poured; also the two grand stairways on either side of the main entrance, which lead up to