Variety (March 1921)

Friday, March 25, 1921 LEGITIMATE 15 i ACTOR ASSERTS EQUITY FOSTERS RECKLESS CHARGES BY MEMBERS A. E. A. Asks Court to Rule; All Charges Against Fellow Members to the Council Be Regarded as Pfivileged^Stfeik td K**p "Latmdry Work" Out of Court. KENTUCKY GOLF BUGS OPPOSED TO PAGEANT History of City of Lesser Im portance Than Their Be- loved Course. TRIES HERO" OUT ON BW THEN WITHHOLDS IT FOR FALL Elaborate briefs have been filed before City Magistrate Levine in New York by the Actors' Equity Association in.an effort to thwart tbe action of Leo Stark against J. Arthur O'Brien, involving charges of cr'minal libel, and in another ef- fort to establish the legal principle that one Equity member may com- municate damaging charges against another to the Equity Council with- out risking prosecution. Equity asks in short that the magistrate rule that such communi- cations are "privileged." Stark, through his attorneys. Kendler & Goldstein, insists on a public hear- ing of the alleged libel communi- cated to the Council, and charac- terizes the action of the Equity as •giving weight and sanction to the principle that fraternal cooperation is* incompatible with law and justice by urging in this case that the law should not take its course. It avows equity and evades equity. It strives to uplift the profession and its atti- tude is an unequivocal announce- ment that members may look to its intervention in crimes of this character." Briefly Stark charges O'Brien with sending a defamatory letter to the Equity Council in vh'ch he said, "I charge Mr. Stark with sys- tematically and . surreptitiously stealing money from Mr. [CliaunceyJ Olcott, by placing his personal ef- fects and laundry in with his stage wardrobe and presenting and col- lecting the entire bill for T.mc from Mr. Olcott." The alleged defamatory letter also charged Stark with: "Disloyalty to Equity principles; continued hostility, to member- of the Equity; carrying slanderous stories; villifying and speaking in a disparaging manner of Mr. Olcott's ability; using vile epithets against Americans, against Catholics and Jews." Both men were then members of the Chaur.cey Olcott company play- ing "Macushla." Feb. 17 Stark se- cured a summons from Magistrate Levine in the West Side court and, after several postponements, testi- mony was taken and the court directed complainant and accused to file briefs. William Cavanaugh appeared as counsel for O'Brien. At a later hearing an additional brief was filed by Paul N. Turner, counsel for Equity. PLAY BY MRS. PEABODY GIVEN FREE TO PUBLIC •Without the Walls" in Albany Sunday, by Albany Players. Albany, N. Y.. Much 23. "Without the Walls," written by Mrs. Katrina Trask Peabody, of Saratoga Springs, will be given its presentation before the public by the Albany Players in conjunction with an Easter community enter- tainment at Proctor's Harmanus Bleecker Hall Sunday afternoon. Mrs. Peabody, the widow o." Spen- cer Trask, the banker, and who re- cently married George Foster Pea- body, millionaire banker of New York and Saratoga, with a party of friends, will be the guests of honor at the entertainment which will be free to the public. The Albany Players already have staged a small portion of Mrs. Pea- body's play at private clubs, but Sunday's performance will be the first time "Without the Walls" will be given in its entirety before a public audience. It is believed the featured mem- bers will be Thomas C. Stowell, who has displayed his ability as an actor in several sketches staged by the local thespians and who was one of the stars of the Harvard Dra- matic Club in his college clays at the Cambridge institution, and his wife, Fay Smiley-Stowell, who has appeared opposite her husband in most of the plays presented by the Albany Players. The players presented two plays at the Fort Orange Club last Thurs- day night, "Poor Old Jim" and "The Fourftushers." The casts for both plays Included Thomas C. Stowell, Fay Smiley-Stowell, Mary Ida Hare, James Jones and Laurence S. Hill. Louisville. March 23. The dramatic follower and the golf b\ig lire' fighting* in^Louisviffe. The trouble point is: Is a pageant, based on the founding and history of the city and prepared by one of the country's foremost playwrights, of more benefit to the public than a well-kept municipal golf course? The plan for producing such a pageant this summer was first voiced by the mayor and the Ken- tucky Society, Sons of the Amer- ican Revolution. The plans pro- posed to stage the drama In a huge natural amphitheatre which is lo- cated on one of the best holes of the Cherokee golf course. It was fur- ther decided that if the pageant was held, all efforts would be made to have it written by Percy MacKaye. Next day, golf bugs, prompted by the excellent golfing weather, de- cided among themselves that they would fight to the last ditch to pre- vent a lot of persons in trick clothes playing hide and seek on their be- loved course. It was pointed out that the dramatists would cut up the turf something awful with their tableaux and fake Indian fights. It would take a whole year, maybe more, to get the course back in proper condition. The worst of all was the fact that the pageant was planned for mid- summer, the time when all the big handicap matches are scheduled. The golf bugs, to a man, are fight- ing the movement. It is pointed out that a pageant held last sum- mer in a different part of the park failed to attract more than a hand- ful of spectators, and that the dam- age done to the course doesn't jus- tify the proposition. On the other hand, the highbrows insist that the drama would be the thing for the city and give thou- sands a more intimate knowledge of the history of their city. So far the battle's a draw. S. H. Harris's Experiment at Longacre Off-Day Matinees Establishes Unique Precedent—First *•- Time Play-fos Next Season Has Besn Thus Trisd Out. H„ ONE MUSICAL PIECE FOR ARTHUR HAMMERSTEIN Producer Side-Stepping High Cost for Next Season. COOK'S REVUE FOR LONDON. Will Marion Cook, the respon- sible party for organizing the New York Syncopated Orchestra, which appeared in New York about two years ago, then sailed to England, returned to New York last week to obtain material in regards to stag- Tiie complainant thereupon asked mg a mU sical revue. for a postponement until he could draw up a reply to Equity's con- tentions. The whole dispute was scheduled to come up before Magistrate Le- vlne in the Tombs police court yes- terday (Thursday) when O'Brien's attorney was to argue a motion to dismiss the case on the ground Stark had failed to establish malice in the communication to the Equity council. If the court ruled against O'Brien It would have the effect of holding him, and the proceeding then would be for the district attorney to move for an indictment. Such an indict- ment would go to jury trial in the Court of General Sessions. The motion to dismiss was to have come up Tuesday, but the Magis- trate reserved decision for two days to study the briefs further. The brief filed by Stark's attor- neys Is in port as follows: "The Actors' Equity Association asks the eourt to countenance the suppression of libelous com lunica- tlons between its members from judicial apprasement suggesting that 'Undoubtedly a better method of procedure on the part of Mr. Stark would have been to have pressed these charges for trial be- fore the Council of the Actors' Equity Association, and if it should then appear that malice existed. make this application.' Counsel loses sight of the fact t at the charges made by the defendant to the Association were \ olunt:.ril> withdrawn and that his ii«ht lo a hearing before tha' body ihun auto- matically denied (it is alleged l»\ Stark the charge* wore not withdrawn until after he IConl imi' 'I on png< '_'^> Cook will remain over here for the next two months to complete his ob- ject and expects to take \ ally written book and score back to Lon- don for presentation over there some time during the summer. GOETZ SETTLING E. Ray Goetz, producer of the defunct "Vogues and Vanities" show, which closed in Boston two months ago, is daily settling up with the various members of the cast. Anna Wheaton, who held a 10-weeks' contract, six of which had yet to go, has settled with the producer after being paid a cash consideration plus her counsel fees. Grace Fisher who also had brought suit against Goetz and E. A. Ackerman, the backer, has ar- rived at a settlement understand- ing. The show was originally known as "Picadllly To Broadway," a Brit- ish product. Arthur Ilammerstein has request- ed the Shuberts to change the name of the newest musical play, an- nounced as "Blossom Time," and which was known as, "The Love Song." The piece is an imported operetta., with the score by Fratitz Schubert. Sigmund Romberg has touched up the numbers for the American presentation. The Shu- berts selected the "Blossom Time" title because of the expectation it will b*» another "Maytime." The title, however, is to be used for next season by Hammerstein, who stated Otto Harbach had registered it five years ago. The Harbach show will be the only musical piece to be produced by Hammerstein next season. Be- cause of the heavy production cost and attendant financial risk the mar.ager h is elected to turn to non- musical pieces for the balance of his producing year. He has three plays planned for production in ad- dition to the musical "Blossom Time." ASK FOR JAMES J. MORAN. Boston, March 21. Illness in the Moran family here has made it imperative the aid of trade papers be Invoked to locate James J. Moran, one of the sons, who is in theatricals. Moran's folks think that not hav- ing heard from James in some weeks he may have left the country. With his mother quite ill. the pub- licity method for location becomes necessary. Mr. Moran on the stage may have been known as Eugene Schuyler or James J. Marlowe. "NIGHT CAP'S" TRY-OUT. Max Marcin's "The Night Cap." written by him in collaboration with Guy Bolton, will open In Baltimore next week. The engagement is a try-out, the attraction not being due in New York until the fall. Aaron Hoffman and Samuel Ship- man are interested in the show on an arrangement, whereby the latter authorship team is writing a com- edy which Marcln will later pro- duce. In "The Night Cap" cast axe Violent Hemming, Elizabeth Risdon, Jerome Patrick, Blanche Mills, Jack Raphael, Wilton Day, John Daly Murphy, Charles Brunnell and Nat Sacks. STOCKS OPENING. The Miles Players, a stock or- ganization, goes into Miles Acad- emy, Scranton, Pa., May 9. Corse Payton leaves with his stock April 30. In the intervening time the Academy will be redecorated and the orchestra seating capacity slightly increased. The Poll stock at the Court 8q.. Springfield, Mass., opens May 16. Nathan Appel has leased the Lyric, Allentown, Pa., and will In- stall th,. Emma Bunting stock open- ing March 28 In "Polly With a Past." Negotiations are under way for the taking over of the Teck, Buf- falo, for a summer stock to be headed by Gus Forbes* "The Hero" which was put on at the Longacre last week by Sam H. Harris for off matinee afternoon showings has been taken off and Vill be saved for regular presenta- tion on Broadway next season. It is the first case of its kind, where aN^ig producer "tried out" a piny for special performances on Broad- way and then shelved it for further presentation. W. A. Brady pro- duced "The New Morality" with Grace George for special afternoons at the Playhouse about the first of the year but there was no idea of tbe piece reaching regular bookings. It is an open question whether other producers will dare the special performance rcute for new plays. There Is, however, an avenue of broad economy in such productions. For such performances players in current attractions are generally ►used which eliminates the guaran- teeing of any Bet period the players must work as with new productions tried out of town. The Actors Equity Association requirement of a guarantee of at least two weeks does not apply for special perfor- mances. Players are engaged in general on a "per performance" payment of salary. Besides this there is a saving in the transporta- tion and other new production costs. In the case of "The Hero" Grant Mitchell, who Is starring in Mr. Harris' "The Champion" at the Longacre, and several players from his "Nice People" at the Klaw were in the cast. It was proposed to find bookings elsewhere for regular showing but the manager decided the piece too valuable a property for other than Broadway. Ths piece is a comedy drama by Gilbert Emery, a new playwright, and it was accorded promising notices from the reviewers. Albany, March 23. Walter If. Powers, manager of the Colonial theatre, is undecided whether to put on stock plays at his house and compete Tains*. Proc- tor's Harmanus Bleecker Hall, where it has been announced stock productions will be staged by a company headed by Malcolm Fas- sett. Although it was at first thought that the Colonial would ..ttempt to produce stock plays in competition with the hall, it is now believed the plan will be abandoned <md the house will continue to run films. MRS. GEREST SUES HUSBAND Charles Gebest, musical director for George M. Cohan, is defendant in divorce proceedings instituted by Nellie S. Gebest. An unknown woman is named. The GebOStl were married Nov 9. 1911. and have a fivc-year-oid daughter. This is Gebest's third marriage Doctoring "Tangerine." Carle Carlton has called In flu; r.oiion to doctor his new 'Tan gerlne" show. The pif-e was originally writtci by Philip Bartholmne with lyric* l< Howard Johnson sml mw^c b.\ Monte Carlo, Almn m. r"n;idi in-, ling" Vi v APPLICATION DENIED Justice Erlanger last week denied Daniel V. Arthur's motion to in- spect the books of Harry H. France for an accounting of the profits of the defendant's produc- tion, "My Lady Friends." Arthur is suing for a 25 per cent. Interest in the show, on the grounds he was ceded that share for labor and services rendered. Frazee' does not deny the pro- duction, "Oh James," which he was about to produce but alleges for a defense his option on that show lapsed. When rewritten by the authors, Emil Nyitray and Frank Mandel, under Its newer monica, "My Lady Friend" (In which the late Clifton Crawford starred), Frazee renewed his contracts with the writers, and on that ground maintains he is not obligated to Arthur. St. Louis, March 23. A six weeks' season of musical stock 1j> scheduled to open Sunday Ut the Pershing. It is one of the chain of l«i house* controlled by Famous PlayerS- Lasky Co^p. in this city. CHANGES IN 'IT'S UP TO YOU." "It's t'p To You," the new Wil- ; iiam Moore Patch musical comedy ! which was to ha ve. Opened ajt the j (asino Tliurs«Wy, was postponed un- I til Monday. Changes in the cast was I he principal reason. Joseph Sant- ley and Ivy Sawyer are out of the show and Charles King and Betty Pierce have replaced them. The show will play to iL'.f.O top; the house is dark this week. "Blue Byes" having moved over to the Shubert upon the withdrawal of "Her Family Tree." I STORY and CLARKE Now F'laylng Interstate Tim D rce on MORRIS & FEU- MUSIC BOX'S SHOW. i itil Jackson i* writing the book for the foi theofliing Ham Harris [ musical hIiov, which will open the j Mush- c.'ix t bent re on 46th steoel dm i: -■ \ ug Kt. Irving \'< M n w HI do the hi on To <!.]!.• I »r tit! In 'ither :i lenti ' v< ist | .•••! ft V tt I.'. MURDERER ESCAPES. Cleveland, March 23. Frank Wlilted, confessed slayer of Frances Altman Stockwell, ac- tress, in Cleveland about a year ago, escaped from the Ohio Institution for Epileptics at GallijKdis last Fri- day. Wllited was placed on trial twice, and both occasions he was seized with an epileptic fit, and was latterly sent fo the State Institution, from which lie took French leave. "OUIJA" DOES $8,000. San Francisco, March 23. "The Ouija Board." brought nearly is,ooo at the Fulton In Oakland last week, when business necessitated an extra matinee on Friday after- noon and a special performance Saturday night after the usual Sat- urday evening performance. The Fulton plans havln •■ two reg- ular performances on Saturday evening In the future. GLADYS McQUARRIE WEDS. Davenport, la., March 2.1 Ai midnight, Saturday. fiiadya McQuarrle, ol "The Passing Bhow, M (her, ,i! the Burt is, married Btanlsy Moran vice-president of a local ad vet i h Ins set rice. M? •. Moran left »'o- nhow Sum! ■ j u rid will t< side here.