Variety (Nov 1941)

PIGTUBES Wednesdaj,. November 5, 1941 MORE HEAT ON BROWNE AS R & B TRIAL NEARS END; JURY GETS CASE FRIDAY No Whitewash for lATSE Prez as C. C. Moskowitz Incriminates Him—BiofF Tangled in Own Con- tradictions—Also Draws Hitler-Stalin Analogy George E. Browne and William Bioff will likely know their JuUire address this week. Prosecutor and defense counsel agreed yesterday (Tuesday) that the charges of labor Tacketeering against the two lATSE officials would probably go to the jury tomorrow (Thursday) or Fri- day. ■ The jurors in U. S. Federal Court In New York are now in their fourth week of listening to evidence that BDcB extorted something between $550,000 and $1,000,000 from major film companies. Mathias F. Correa, U. S. government attorney, said he will end his case by noon today and that he had been informed the de- fense will wind up by the end of the day. That will mean summation by both sides tomorrow (Thurs.), ■with Judge John C. Knox charging the jury late in the afternoon or early Friday. Past week's developments seem- ingly served to draw the Govern- ment''noose around the necks of the two defendants a little tighter, as they sought to place the onus ol Government charges on ttie respect- ive heads of the film industry execu- tives and also to impeach the hon- esty and integrity of Government in- vestigators. Keynote of the defense was a re- mark -by defendant BiolT to a wit- nes^ - James Coston, Warner Bros, zone manager in Chicago, in which the labor leader Is alleged to have declared that he 'could not be al- lowed to go to jail by the Industry,' Eince he was 'too important to it,.' end that if he did go, 'many im- portant film executives would find themselves in the cells next to me.' Bloff Just % StoofeT - BiofTs defense consisted solely of lite own statements, as against the multitude of important film execu- tives testifying against him. His story completely contradicted theirs In that he declared he was acting as a messenger for Joe Schenck and the film industry, while they declared he had threatened them with strikes in his union unless they paid off. When broken down and investigated against other evidence, hopeless con- fusion was the result .Failure of Browne to take the •tand is due primarily to his being completely whitewashed by Bioff, defense Jitlorneys feel. This' deci- sion may prove unfortunate since, at the start of re-direct examination, Browne was linked to the alleged payments for the first time since the opening week, when- Nick Schenck testified .he was present at some of • the payments. . Charles C. Moskojvitz, Loew's the- •tre head, tied in the lATSE presi- dent by declaring that he demanded money on several occasions and re- ceived $40,000 in two payments. The attack Tin the Government's film in- vestigator by Bioff came when the labor leader declared that Murray W. Garsson, special Congressional Investigator, had received $200,000 from Joe Schenck ' in the form of 20th CeritUry-Fox film' stotfk. Tax Expert C. T. Russell Resumes Mon. Session starting Monday's session, for the defense, was Charles T. Rus- sell, tax expert, who was finishing on the stand, a holdover from last week. Russell testified that from June, 1938, to late 1940. he had con- ferred with Joe Schenck on the latter's $100,000 loan to Bioff, and that Schenck had told him the loan had been repaid. Schenck also made statements at U. S. attorney Frank Murphy's office in Washington to the effect that if Bioff had wanted $200,000 he'd have given it to him. Under cross-examination, Russell said he was employed by Bioff and Browne as a lax consultant Russell rendered services to each, and to the lATSE. He said he had ' not received any payment for Bioff and Srowne's work from Sidney Kent, Joe or Nick Schenck, nor 20th Century Fox.. or Loew's, or anyone else, but. from the lATSE only. He admitted spending more time on the Bioff nutters than on .i}ne, lATSE altogether, and received $31,180 in fees. Identifies Garsson Stock Next witness was Jack Rabjn, of Mervin Asch & Co., Schenck's N. Y. stockbrokers. He said that 20th- Century-Fox stock, and slock of Consolidated Oil in the amount of $202,837, had been issued first to Joe Schenck and then to Murray W.. Garsson and Joseph H. MoskowiU at the same time. CGarsson, former U. S. Investigator, had been paid off by Schenck for the industry, Bioff had alleged while testifying last week]. Cross-examination was sus- pended until Rabin could locate records to find out the disposition of the stock. Hoffman, Bioff Boyhood Chum, Takes the Stand Sidney Hoffman; assistant manager of the Metropolitan Life Insurance Co., in Chicago,' who had known Bioff for 30 years, and played with him', as a hoy, followed on the stand. He said he knew Bioff as Morris, not as William. In rapid succession Mrs. Bessie Alper, sec- ond cousin-of' Bioff's mother; Hyman Bioff, defendant's oldest brother; Abraham Bioff, the youngest brother, and Mrs. Sylvia Russo, his sister, all followed to testify that there was no William, nor had there ever been one in BioiTs family, and that the defendant was known to them, and all his intimates as )<orris. 'George Breslin, defense counsel, then read into the record state- ments of Joseph H. Rosenberg, vice- president of the Bank of America, and John B. Codd, /20th-Fox con- troller, dealing with the $100,000 'loan' and just repeating previous testimony on how it <^as made and repaid. A call was made for Mr. 'Link,' the mysterious gentleman .from Georgia, who received over $30,000 from the' lATSE, but who cannot be found. The Bioff defense then rested pending his location. Browne's attorney, Martin Conbdy, immediately followed suit Charles C. Moskowitz, head of Loew's theatre department for the past score years, then took the stand. He told of the labor dispute with Local 306 of the lATSE In 1935 and said that in the summer of 1935 'I received a phone call to come to the Warwick hotel (N.Y.) . and see Browne. Instead, on my arrival, I met Bioff whom I did not know. He told me he had been responsible for the election of Browne' to the presidency and that he had been told at that time there was a couple of million in It So far he had not received a cent. He said he expected to get plenty from the' industry. I told him that I didn't even know him; that I had come to see Mr. Browne, but when I started to leave he pushed me back in my chair and shouted, 'Now 'you listen. to me' and kept talking. Nick Dean was also there at the time.' Judge Knox then asked If Bioff had threatened him, but Moskowitz said, 'nc' but that after being quiet at first Bioff had shouted when he tried to depart. Ten days later,' the witness con- tinued, 'I talked with Browne, and Major Leslie R. Thompson of RKO~ at the Chatham hotel (N.Y.). We were appealing to Browne to keep In the 306 matter. Browne told us that in order for him to Intervene he would have to have $150,000, and pointed out the results of a striked. At a subsequent meeting Loew's agreed to pay^ $100,000, It some means for payment could be decided upon. At a following meeting we decided to give the money to "Mort Singer. Loew's share should have been $105,000 but we paid $165,000, after all taxes had been taken care of.' in August, 1937, Moskowitz said he met again with Browne to pay the 1937 money due the labor leader. This was to stop the sabotage which had been going on in the theatres. Browne said he 'expected $100,000,' Moskowitz declared. DeflBcs 'SkbotofC* Asked by* the court to define 'Sabotage,' Moskowitz told of second reels being played first, switching of operators, etc. He said that in the fall ot 19i7 he gave Browne $25,000 mi in the spring ot 1938 $15,000 more. He testified that in phoning Bioff he called him 'Link,' having been told (Continued on page 25) MAXINE SULLIVAN Creator of song; style Is now ai>- pearlnK In her third week at Le Ruban Bleu. Latest Decca Recordings , ,, "Just Like a Gipsy" and "Loch Lomond." Personal Manaa«m*nt . MUSIC CORP. OF AMERICA COAST CHECKING UP FURTHER ON BIOFF Hollywood, Nov. 4, Testimony of Willie Bioff in the current N.Y. trial is being checked by the Los. Angeles district attorned for Inaccuracies. During trial of the action ot Joseph Carpenter against the tATSE, Bioff blunUy denied he ever, received or borrowed money from Joseph M. Schenck. Grand jury may be asked to act following discussion ot testimony by the D.A. with several witnesses. Also being checked is BiofTs tes- timony before the Sacramento grand jury for comparison with statements made at the N.Y. trial. UA Prez Pick Put Over la After Jan. 1; Sears StiD a Prospect Selection ot a- distribution execu- tive to assume general management of United Artists has been deferred indefinitely, a spokesman tor the owner-directors declared on Mon- day (3), following a series of dis- cussions on the subject over. the weekend. Arthur W. Kelly, vice-president of the company and currently in charge of distribution' operations, left for California by plane on Sun- day (2). Purpose of his trip is to confer with Edward Small, who has a five-year production contract with the organization, and to review the general situation with Charles Chaplin, ,among other things. He's due back this Weekend. It is the consensus among United Artists' owners,' including Mary Pickford, Chaplin, David O. Selznick and Alexander Korda, to'reopen the matter of strengthening the present organization's manpower in sales some time after New Year's. Selz- nick, who is in New York lining up story material and personnel for his productioh unit expects to start actual filming some time in January. He is reported not to be in any rush to augment the present sales force. There is presently neither pending nor contemplated, at least until after Jan. 1, a reopening, of discussions with Gradwell L. Sears, recently re- signed general sales manager ot Warner Bros., to take over the lop spot at UA, in the capacity either ot president or general manager. From an Informal source it was learned that such talks as already have taken place with Sears had followed rather extensive ne^ptiatiqns, ,with Joseph Bemhard, also ot Warners, who elected to remain with the latter company and has since assumed broader management responsibili- ties. Only two conferences took place between UA owners and Sears, ac- cording to report 'There was a feel- ing of regret that the discussions ceased abruptly when Sears decided against changing his post, although he subsequently resigned from War- ners. One ot the reasons for deferment of the appointment of a new UA dis- tribution head is the improved status of sales within the past few weeks. Small's production, 'Inter- national Lady,' is said to be respond- ing favorably In first runs, and Wanger's latest release, 'Sundown,' is leading 'Foreign Correspondent' materially In test runs in the liOew circuit this week. Revenues from these two pictures and the early re- ceipt ot a proportion of American film rentals held by Great Britain are deeme^ sufficient to carry the company 'adequately for the present Chaplin's Bclssae Hollywood, Nov. 4. Arthur Kelly is here straighten- ing out the affairs of the former Waller Wanger Company and get- ting ready to set up United Artists productions which will start func- tioning the first ot the year. He's also conferring with Charles Chap- lin on 'Gold Rush' reissue which is having a musical score and narra- tive in.ierted into It by Chaplin, It's to be completed around Dec, 1. Kelly is flying back to New York Friday (7). Hinterland Labor Gets Reflex From Bioff Trial Milwaukee, Nov. 4. Publicity given the Willie Bioff- George. E. Browne extortion trial has made things tougher for local business agents ot the lATSE, ac- cording to Jack Worner, head ot the stagehands' union here. Efforts to enforce regulations gov- erning the employment ot additional men in various nabes are provoking all sorts ot wisecracks,' not to men- tion abuse, anent the New York court proceedings plentifully aired in the newspapers here. Marin's Moppet Megger Hollywood, Nov. 4. Edward Small signed Edwin .L. Marin to direct the next Shirley Temple starrer, 'Annie Rooney,' for United Artists release. Currently Marin is piloting Tlello- trope Harry' tor the same producer. N.Y. to L.A. Irving Berlin. Harold S. Bucquet George Cukor. Ned Depinet Charles Friedman. Lilian Harvey. John Healy. Allen Jenkins. Charles Koerner. Harry Link. S. Barret McCormlck. " Walter Pidgeon. Victor Savllle. William H. Schneider. Spyros Skouras. Terry Turner. L. A. TO N. Y. Desi Arnaz. Greg Bautzer. Robert Braun. Robert Brower. Carol Bruce. Bruce Cabot. W. E. Calloway. James Francis Crow. Henry Fonda. Dick Foran, Hal Forbes. Sterling Holloway; Nunnally Johnson. Andre Kostelanetz. Una Merkel. Arnold Pressburger. George J. Schnefer. Lynd Ward. Dwight Deere Wiman. Herbert J. Yatest D.C QUIZ LOOKS LIKE A DEAD ISSUE Washington, Nov. 4. Resumption ot the Senate prowl Into film affairs looks' more prob- lematical than ever In view of the fourth successive postponement of future hearings. General feeling Is the witch-hunting Isolationists don't dare confess their defeat but actual- ly have given up the ghost in view of the unquestionably hostile public reaction to the way they tried to make political capital at the expense of the major producer;. Though he still maintains there will be more sessions. Chairman D. Worth Clark last week said the Sen- ate. Interstate Commerce subcommit- tee will not go back to work until the Senate has disposed of the.'ad- mlnistratlon bill to wipe out most of the Neutrality Act The final vote Is expected sometime this week. Previously Clark ha9 Implied hear- ings would begin again Monday (3) and suggested the inquisitors would ogle some of the assailed pictures before resOroing testimony. Nothing happened' last'week; however; and - one ot the subcommittee. Senator C. Wayland Brooks of Illinois, i% not likely to be on hand after the neu- ' trality modification measure passes. Plans to recess the Senate around Nov. IS also are further signs the subcommittee never will emerge from the cyclone cellar. Adminis- tration leaders ^re figuring' on knocking off work until after the Christmas holidays once the foreign policy bUl Is sent to the White House. There will be great diffi- culty keeping a quorum on hand for any hearings, once the gong sounds, and Clark has shown clearly he has no appetite for going on by himself. The most that will happen, in the view ot long-time political observ- ers, is that Clark may have one meeting to keep his pledges and to demonstrate—circumstantially — that he hasn't been scared off the trail Lytell's Letter Fearful that there may yet be life in the Senate's apparently dead pigeon. Stop Film .Censorship Ck>m- mittee sent a letter yesterday (Tues- day) to all Senators urging that they take steps to Immediately kill off the Clark subcommittee investigating al- leged film propaganda. Signed by ,SFCC chairman Bert Lytell, prez of Equity, letter stated; 'We believe that the overwhelming expression ot public opinion against their activities has served notice upon the sponsors ot the subcommit- tee inquiry that the American people demand the discontinuance ot the subcommittee.' Its inactivity at the moment' reflects that fact. Never- theless, its existence represents a continued threat to our national unity. 'We believe that the subcommittee can and should be killed now. We urge you to take appropriate action to that end.' SFCC was formed In New York about a month ago. Its membership includes reps of scores of trade unions, as well as many individuals. Lindbergh the Target Of Film-Democracy Meet Flock ot picture people turned out for Friends ot Democracy meet at Toots Shor's on Thursday (30) pre- sided over by Grad Sears with Dr. L. M. Birkhead, national director ot FD, as guest speaker. Birkhead launched drive tor $10,000 from the industry to be used for specific pur- pose' of counteracting anti-Semitic influences of Charles Lindbergh and others in the America First group, Birkhead claimed that Lindbergh movement has 15,000,000 adherents throughout the country with major objective designed to stir up racial hatreds. Speaker chargA) that. or- ganization''must be obliterated be- cause its membership would prove a ' dangerous demoralizing force in re- construction period following - the war. EXFLOSma BOMANTICALLY Hollywood, Nov. 4. Edmond O'Brien and Ruth War- rick drew romantic roles in 'Pow- der Town,' slated to start Nov. 12 at RKO. June Havoc and Victor McLaglen \dP the supporting cast^ ,