Motion Picture Daily (Oct-Dec 1941)

iday, October 24, 1941 Motion Picture Daily p ; irowne, Bioff Plea or Dismissal Is Denied by Court {Continued from page 1) iding international presidents of a briber of unions. whether these labor leaders will be lied as character witnesses or to tesk about some of the alleged transitions was not disclosed. Breslin uised to name the leaders but said ■fcrically that William Green. AFL ^^!ident, was not under subpoena and Mild not be called. Long Argument Arguments on the motions for dinted verdicts lasted almost two jurs, with Martin Conboy, Browne's orney, and John Burling, assistant S. Attorney, the main participants, jinboy's argument stressed almost clusively the three-year statute of ■litations. He argued that the lO.UOO annual payments were combed by January, 1938, and that the ree-year statute had expired before e indictment was returned in May, HI, He declared that commission yments of Smith & Aller, Ltd., paid alleged designees of Bioff, which ntinued up to the time of the in;tment, were not extortion under the rms of the statute nor under the inctment. He said that Smith & Aller ere not victimized because they emselves suggested the agency arngement and that Loew's lost nothg by the arrangement because they iuld not receive a rebate or cut in ice. Burling asserted that the whole plan jas "a single series of events" begun ith the election to the IATSE presincy of Browne in 1934 and his ap(intment of Bioff as representative, ie reentry of the IATSE into the isic pact and a series of strikes in J35, and the demand for, and payent of money beginning in 1936 and mtinuing with the payment of comiissions until the date of the indictient, in May of this year. He pointed jt that the reimbursement vouchers 'mtinued until 1940. Loew's Forced, Says Knox Judge Knox interrupted to say that, tter the alleged threats, "Loew's •ansmitted the force of the blow to niith & Aller" who made the payhents thereafter. Judge Knox declared that the right to choose the yinpany from which to buy raw jtock is "a valuable consideration." I think Loew's was forced to effect trade they would not otherwise do," ie court said. The net result was the ame as if the money was taken from Loew's till." Other formal motions to dismiss for .ailure of the prosecution to prove its •a>e were denied, as were motions to trike from the evidence large portions of testimony. Bioff's attorneys relied on Conboy's arguments and idopted them as their own and the ' ourt made similar rulings. There will be only a morning session today as Judge Knox has other engagements for the afternoon. Booth Fire Is Fatal De Graff, O., Oct. 23. — Explosion of a film in the booth of the Roxy here caused minor injuries to Neal Piper, operator, and fatally burned his 10-year-old sister, who had gone to the theatre with a message for her brother and remained in the booth to see the picture Reviews "Appointment for Love" ( Universal) TP HE complications encountered by newlyweds whose professional 1 careers and laboratory theories of domestic life and jealousy confound rather than smooth the period of their so-called "adjustment," here provide again the framework for a well-dressed comedy for marital misadventures. Margaret Sullavan, as Dr. Jane Alexander, is the exponent of the don't-let-marriage-interfere-w'ith-the-career theory and also the possessor of the scientific disdain of jealousy. Charles Boyer is the disapproving, and up to the last reel, thwarted, husband. As a playwright whose past flirtations have been numerous and whose occupation occasionally thrusts him into rehearsals of amorous scenes out of his plays, his responsibility for the trying situations which plague the couple almost equals those engendered by the wife's professional duties and scientific theories of marriage. Of the latter, the most disastrous is her determination to maintain a separate apartment of her own which, at a time which might otherwise proved romantically rewarding, results in her spending the night alone in his apartment while he is doing the same in hers. Once the whereabouts of each on that particular night had been explained, a single apartment obviously is all that needed thereafter. Rita Johnson and Ruth Terry as carry-overs from Boyer's bachelor days ; Eugene Pallette as his producer ; Reginald Denny as a former friend and patient of Miss Sullavan's, and Gus Schilling as an elevator operator who tries unsuccessfully to mind his own business, contribute excellent support. Cecil Kellaway a a caretaker and Roman Bohnen as a doctor are good in lesser roles. Exhibitors should find the picture easy to sell on the basis of cast names, and romantic situations and numerous obvious catchlines out of the dialogue. Once sold it is sure to please. William A. Seiter directed in the proper light mood and Bruce Manning, producer, has given the picture a generous helping of sleek, rich trappings which it wears with grace. Running time. 90 minutes. "G."* Sherwin A. Kane *"G" denotes general classification. "Three Girls About Town" (Columbia) Hollywood, Oct. 23 COLUMBIA'S •' Three Girls \houX Town" is a madcap farce, chock^ full of laugh based on a variety of situations. The story deals with the efforts of two hotel convention hostesses and the manager attempting to hide the body of a supposedly murdered guest in order that the hotel not be ruined by unfavorable publicity. A newspaperman stumbles onto the secret, identifies the "body" as a government labor mediator, and gets entangled with the law himself, after averting a threatened strik. The mystery of the "body" is uncovered and all ends well. Many of the situations and lines are on the adult side, and some of them tread on various toes. The struggle over the "body" occurs while a morticians' convention is being held, for one. thing. Joan Blondell and Binnie Barnes as the hostesses, Janet Blair as their sister; John Howard a> the reporter, Robert Benchley, as the manager, Eric Blore, Hugh O'Connell, Una O'Connor, Almira Sessions, Dorothy Vaughan, Paul Harvey. Frank McGlynn and Walter Soderling all deliver handsomely in their roles. Leigh Jason directed this William Bischoff production. Running time. 72 minutes. "A."* Vance King *"A" denotes adult classification. 31 Critics Expected For 'Valley' Opening Thirty-one newspaper critics are scheduled to attend the premiere of "How Green Was My Valley" at the Rivoli next Tuesday, it was announced yesterday by 20th CenturyFox. The announcement listed them as follows : Norman Clark, Baltimore NewsPost; Charles Howard and Marjory Adams, Boston Globe; Helen Eager, Boston Traveler; Prunella Hall, Boston Post; Peggy Doyle, Boston Record-American; Joyce Dana, Boston Sunday Advertiser; W. E. J. Martin, Buffalo Courier-Express; E. B. Radcliffe, Cincinnati Enquirer; E. V. Dinerman, Cincinnati Post; Arthur Spaeth, Cleveland News; Richard Peters, Cleveland Press; Frank Gill, Detroit Free Press; Al Weitschat, Detroit News; Charles Gentry, Detroit Timers; Robert E. Murphy, Minneapolis Star-Journal; Keith Wilson, Omaha World-Herald. H. T. Murdock, Philadelphia Public Ledger; Don Craig, Washington News; Nelson Bell, Washington Post; Jay Carmody, Washington Star; Bernie Harrison, Washington TimesHerald ; Lucia Perrigo, Chicago Herald American; Doris Arden, Chicago Times; Phil Koury, Kansas City Star; Herbert L. Monk, St. Louis Globe Democrat; Harold Cohen, Pittsburgh Post Gazette; Kaspar Monahan, Pittsburgh Press; Mitch Woodbury, Toledo Blade; Buck Herzog, Milwaukee Sentinel; Bruce Palmer, Oklahoma City Daily Oklahoman. BVay Patrons Like War Pictures; Three Draw Big Grosses Three pictures with a war theme — "A Yank in the R. A. F.," "Sergeant York" and "Target for Tonight," the latter a British film — are drawing good grosses on Broadway. "Target for Tonight" gave the Globe a "terrific" week estimated at $12,500. It starts a second week today. The first week of "Sergeant York," with Phil Spitalny's orchestra, brought the Strand an estimated $40,000. "A Yank in the R. A. F." still going strong at the Roxy, grossing an estimated $40,000 for its fourth week, ending last night, and continues. At the Capitol, "Honky Tonk" is still the attraction, having started a fourth week yesterday. The third week's business amounted to an estimated $21,500. "All That Money Can Buy" at the Radio City Music Hall, with the stage presentation, drew an estimated $78,000, and was replaced yesterday by "You'll Never Get Rich." 'York' at $23,000 Cleveland Smash Cleveland, Oct. 23. — "Sergeant York" reached a smash $23,000 at slightly increased prices at Warners' Hippodrome. "Our Wife" earned an excellent ^$18,500 at the RKO Palace. Estimated receipts for the week ending Oct. 16-17: "Little Foxes" (RKO) ALLEN— (3,000) (33c-39c-47c) 7 days, 2nd week. Gross: $6,000. (Average, $4,000) "Sergeant York" (W. B.) WARNERS' HIPPODROME— (3,800) (44c50c -60c) 7 days. Gross: $23,000. (Average at 33c-39c-47c, $11,000) Our Wife" (Col.) RKO PALACE— (3,100) (33c-47c-55c) 7 days. Willie Howard and "Beachcombers Revue of 1942" on stage. Gross: $18,500. (Average, $13,500) Nothing But the Truth" (Para.) LOEW'S STATE— (3,500) (33c-39c-47c) 7 days. Gross: $13,500. (Average, $11,000) 'Honky-Tonk" (M-G-M) LOEW'S STILLMAN— (1,900) (33c-39c47c) 7 days, 3rd week. Gross: $7,000. (Average, $4,000) 'Honky Tonk9 Pulls $13,000 in Toronto Toronto, Oct. 23.— "Honky Tonk" earned $13,500 at Loew's. "Major Barbara" grossed $12,000 at the Imperial. Estimated receipts for the week ending Oct. 18: "Quiet Wedding" (Br.) EGLINTON — (1,086) (18c-30c-48c-60c) 6 days. Gross: $5,600. (Average, $4,500) "Major Barbara" (U.A.) IMPERIAL — (3,373) (18c-30c-42c-60c-90c) days. Gross: $12,000. (Average, $9,000) "Honky Tonk" (M-G-M) LOEW'S — (2,074) (18c-30c-42c-60c-78c) 6 days. Gross: $13,500. (Average, $9,000) "A Yank in the R.A.F." (20th-Fox) SHEA'S — (2,480) (18c-30c-42c-60c-90c) 6 days, 3rd week. Gross: $10,000. (Average, $9,000) "Manpower" (W.B.) "The Smiling Ghost" (W.B.) TIVOLI— (1,434) (12c-18c-30c-48c) 6 days. Gross: $4,000. (Average, $3,900) Unfinished Business" (Univ.) UPTOWN— (2,761) (18c-30c-42c-60c-90c) 5 days, 2nd week. Gross: $10,500. (Average. $9,000) Phila. Exchange Opening Philadelphia, Oct. 23. — After several postponements, Oct. 29 has been set as the official opening of the new RKO exchange building here.