Variety (November 1914)

10 VARIETY CRITIC-PLAYWRIGHTS DANGEROUS HITCHCOCK TELLS THE COURT In Johnson-Pollock-Wolf "Piracy" Suit, Star Testifies He Didn't Read "Dr. Fakewell," but Told Author It Was Very Good. Washington, Dec. 27. "Dramatic critics with plays of their own arc very dangerous," declar- ed Raymond Hitchcock in the Court of Equity here Tuesday during his testimony in the suit of Philander C. Johnson against Hitchcock, Channing Pollock, Rennold Wolf and others on charges of play piracy growing out of alleged similarities between Johnson's "Dr. Fakewell" and Hitchcock's "The Beauty Shop." Hitchcock was explaining why he re- turned the manuscript of "Dr. Fake- well," to Johnson with a note stating that the play was very interesting, al- though, as he had just testified, he had never opened it or read it. He said he had received the libretto and then turned it over to his Japanese valet with instructions to send it back to Mr. Johnson with a polite note. Cross-examined on this point, Hitch- cock said he had to be polite to John- son because he was a dramatic critic, "and you have to be nice to them," declaring that critics were often polite blackmailers. He did not apply this term to Mr. Johnson, he hastened to say, for "Mr. Johnson had always been very nice—he was simply a highstrung man." Hitchcock's presence on the stand filled the courtroom with a matinee au- dience and his sallies caused outbursts of laughter which made the court de- mand order frequently. Hitchcock closed his show in Minneapolis to be present Tuesday, but was scheduled to rejoin it to play Omaha yesterday (Thanksgiving Day). Hitchcock did not remember much about his dealings with the plaintiff, although he stated that he had talked with Mr. Johnson in his dressing-room at the New National theatre while he was appearing in the "Red Widow" concerning the manuscript; just what the trend of the conversation was he did not know. He had not discussed "Dr. Fakewell" with his* managers or with Messrs. Pollock and Wolf. Channing Pollock was recalled to the stand. His testimony, continuing the analysis of the parallels drawn by Mr. Johnson from the two plays, nega- tived the latter's assertions. According tc Johnson there were something like thirty-five features in "The Beauty Shop" which were paralleled in "Doc- tor Fakewell," and each of these was denied by Mr. Pollock. He produced books and manuscripts suggesting a beauty shop in various forms, among these the book "Jumping Jupiter," by Richard Carle and anoth- er. He also testified as to various rewspaper articles and advertising, and an article which appeared in the Ladies' Home Journal, which he claim- ed assisted him materially in getting data as to the equipment of a beauty shop and the manner of beautifying women. Monday's session was consumed in the examination of Mrs. Johnson, the wife of the plaintiff, and Pollock. Mrs. Johnson's testimony was corroborative of that given by her husband last week. Mr. Pollock told of the incep- tion of the manuscript from which "The Beauty Shop" was produced. With respect to the DeKoven contest, Mr. Pollock stated that although his name had appeared in a theatrical pub- lication appended to a report of the judges of the contest, he had never read any of the manuscripts entered therein nor had he authorized the use of his name in that connection. He did not know of the existence of John- son's manuscript until told of the claim of the latter that his story had been incorporated in the production of "The Beauty Shop." Mr. Pollock told the court that he first conceived the idea of writing this play for Mr. Hitchcock in August, 1911, when, after viewing a rehearsal of "The Red Widow," his attention was called to a book entitled "The Thumping Legacy," a story which would make about a twenty-minute production. He told of taking the matter up with Ren- r.old Wolf on the following day. The balance of the period in which Mr. Pollock was on the stand was de- voted to an analysis of the two manu- scripts. The defense, during the Wednesday session, produced a large number of plays to show in their analysis that there is nothing new or original in Johnson's "Dr. Fakewell" script, par- ticular stress being laid on the fact that a beauty shop has been portraved in many other productions and books published and copyrighted before either of the two plays in litigation were either written or produced. Kuni, the Jap valet employed by Hitchcock, corroborated the comedi- an's testimony as to the delivery and return of Johnson's manuscript, while Daniel V. Arthur, of the DeKoven Opera Co., corroborated the testimony of Pollock as to his inactivity in the play contest, adding that DeKoven's daughter Had read the majority of scripts submitted, holding out those books which contained promising con- tents for further notice. James Gorman, who travels with "The Beauty Shop" as stage director, testified that Wolf,had talked with him about the production of the Hitchcock play in 1911. Roy McArdlc, who came from New York to attend the trial, was another witness for the defense along these lines. Following the Wednesday session, the court adjourned the case until Monday. COHAN PIECE FOR COLLIER. William Collier started rehearsals Monday in a new musical comedy by George M. Cohan. "Forward March," a musical piece originally intended for Collier, and which was tried out last spring, has been placed on the shelf. The new piece will be ready to open in about four weeks and after it has been tried out of town it will in all likelihood be brought into tht Astor theatre to follow "The Miracle Man." Beside Louise Dresser, engaged some time ago for the Collier show, Dolly. This will be their last week in vaudevile. MURDER AND SUICIDE. Cincinnati, Nov. 25. George Rockwell, aged 50, who re- cently failed to promote a picture en- terprise in this city, shot and killed his second wife, seriously wounded his stepdaughter, Flora Hollister, and then ended his own life last night. Rockwell was connected with James Carrigan, of St. Louis, who is wanted en a charge he swindled a photoplay supply dealer here. Rockwell was formerly assistant general passenger agent of the Penn- sylvania railroad. PHILLIP THEATRE RENAMED. The Adolph Phillip theatre, 205 East 57th street, has been leased by the New York Play Actors, Inc., and renamed the Bandbox theatre. It will be open- ed Dec. 22 with the first performance of Jerome K. Jerome's new comedy, "Poor Little Thing." The house will be under the manag- ing directorship- of Douglas J. Wood. Edward Eisner will be stage director. With Wood will be associated Harry Doel Parker, Marie Keickhoefer and Theodore Mitchell. A new play will be presented each month. Five plays will be given this season. HARTLEY MANNERS HURT. (Special Cable to Variety.) London, Nov. 27. Hartley Manners was knocked down by a taxi this week and badly injured about the face and head. The hurt is not serious, but will necessitate his remaining at home for several weeks. "DYNASTS" NOT GREAT. (Special Cable to Variety.) London, Nov. 27. "Dynasts," opening at the Kingsway Nov. 25, an epic drama produced by Granville Barker, is a timely affair, but lacks popular appeal. MRS. CAMPBELL GOING OUT. Next week will be the last of Mrs. Pat Campbell's present New York en- gagement. The show moved to Wal- lack's Monday, and will remain there until Dec. 5, then laying off for a couple of weeks, reopening on the road. Wallack's is the third New York the- atre Mrs. Campbell has played in since opening a few weeks ago. "MR. WU." IN STORAGE. Walker Whiteside and the "Mr. Wu" show are not going on the road. When the attraction closes its New York engagement at the Elliott theatre tonight "Mr. Wu" will be sent to the storehouse. It may be replayed later. M WATCH YOUR STEF* OPENS. Syracuse, N. Y., Nov. 26. "Watch Your Step," a musical comedy production classed as a "re- vue" was first shown at the Empire last night by Charles B. Dillingham. The main dependence for its future appears to have been placed upon Irv- ing Berlin's words and music. There are 25 musical numbers, written in his catchy style, of all varieties, most- ly dance tunes that keep the choristers and principals moving about continual- ly. The lyrics are unusually good. R. H. Burside staged the show. Harry B. Smith wrote a "book" that gets into the action now and then. Second to Berlin for box office pow- er are Mr. and Mrs. Vernon Castle. Mr. Castle acquitted himself credit- ably, and Mrs. Castle did likewise, when dancing. Elizabeth Brtce and Charles King have been given the choicest songs, and "put them over." They have the mu- sical hit of the piece, "A One-Horse Town," although "When I Discovered You," sung by them, may achieve greater public favor. "I Love to Have the Boys Around Me," sung by Miss Brice, is also a cheerful number, like- wise "Follow Me Around," by Mr. King. Elizabeth Murray plays the role of a designing Irish woman. She has two good numbers out of three. The two are "Town Hall Tonight," and "When It's Night-time in Dixieland." The other is "In My Harem." A gem of musical writing is "Old Operas in a New Way," the finale of the second of the three acts. A "chat- ter" song on the set Metropolitan opera house stage for the second scene of the second act missed in Syracuse, where the satirical bit on the opera-goers was muffed. The finale of the first act is "The Synco- pated Walk." W. C. Fields', the original tramp jug- gler, was interpolated during the first act, scoring the individual hit of the evening. Frank Tinney was also a "specialist," doing two "acts" (mono- logues) in a bit of a role. Mr. Tinney first appeared at 10.30 and again scored at 11.20. He is now playing a cornet instead of the former bag- pipes. William J. Halligan is "straight" throughout, helping Tinney in one scene. Dama Sykes, without a great deal to do, justifies her program name of Juliet Peach. Renee Gratz is the prima donna. She didn't appear cver-familinr with the music, but oth- erwise pleased. Harry Kelly has the burden of the book-comedy thrust upon him. Mr. Kelly had his best opportunities in the first act, rather long the first night. The production end is not elaborate, but may be toned up, as no doubt the entire performance will be before reaching the Amsterdam, New York, Tuesday night, Dec. 8. Mr. Berlin has done more than his share to make it a success. The audience gave him a curtain call after the second act. "Watch Your Step" plays Detroit next week. Jimmy Reynolds and wife, Lillian Pisko, are celebrating the arrival of a baby girl at their New York apart- ments. Miss Pisko has been managing the New Theatre, Baltimore.