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■p I« LEGITIMATE friday, July 14, 1923 ^ '%*: "■' " ■ iss: OUT-OF-TOWN LINE-UP arfac sasz 1 ■ ' ■ ■ " INDEFINITE AT PRESENT ADJOURNMENT GIVEN IN CRIMINAi LIBEL CASE Skows Now Set to Open Season at Chicago and Bos- ton May Be Switclie<L—Applying 8 Week*' Role —Erlanger-Shubert Combine Partly the Cause Broadway booking^fi for the new fl»^9oii are largely tentative, with only a fairly accurate line on about half the iMt. Road bookings are y even further behind, both in the ma- jor city stands and the week etands. Ao a rule, bookings are penciled tn - and contracts for the road rarely given before July 15. To date no contracts are known to have been isRued'. The explanation of delayed rout- : ing i« reported' to be the Ironing ': out of the combined booking plan , between Erlanger and the Shuberts. "Where there are two theatres to be used in a week stand, one is to be given dramatic shows only and the ' other is to get musical attractions. •When there is no musical piece available both houses will play dra- matic offerings. The designated dramatic house will not be called J on to have an orchestra for the coming season. Thfre is some diffi- culty in the plan, according to pres- ent indications. Managements of the houses assigned to receive mu- sical attractions are figuring them- ; selves at a disadvantage over the dramatfc houses, as when a big mu- sical show comes along, terms as high as 70 per cent, are given, and the house must stand its share of the extra stage hands. The sharing percentag:^ IftF. ...th® non-musical show is 60, and there is rarely the extra stage hands item. Differenc-e in admission scales counts where house capacity makes exceptional .takings possible. Bookings for Chicago, Boston and Philadelphia are being made w^lth particular care. There are at least four big musical shows aimed for Chicago, and the problem is to keep' down opposed bookings as muqh as possible, particularly since the Shu- bert and Erlanger houses are jagaln to pool there. The way (hat is cal- culated to be worked out is by limiting bookings to a maximum of : eight weeks for any stand outside of Ji,ew York. That takes in 'Sally," -Music Box Revue," "Good Morn- ing Dearie" and "Bombo" (Jolson). It would include the "Follies," which may or may not go on tour next season. That attraction has always limited Its out-of-town runs with the idea of getting all the biiRiness quickly, and it Is said the other big shows will be patternetl after the "Follies" in road bookings. "The Music Box Revue" is listed for the Colonial, Chicago, in Octo- ber, and only eight weeks is wanted by Sum H. Harris. The original plans for "Sally" called for its trying for a year's stay there, and the Co- lonial is PuppoHcd to get the at- traction. From the present outlook, however, "Sally" will not arrive in tli€> w<stern metropolis until the holiilayp. The Ziep:feld show closes in Boston Saturday, but is an- nounced to reopen at the Colonial thc.e I^bor Day. It Is possible the show will catch the eight-weeks' rule in Ciucago, with a posMiblt- change api)lying before it reaches that stand. Jolson is fixed to open at the Apollo, Chicago. "Dearie" is not listed for that city until the hol- idays or later, since it is supposed to succeed "Sally" in Boston In Oc- ^ tobcr or November. One of the first musical attrac- tions for Chicago is "The Perfect Fool," due at the Illinois Aug. 28. Two of the four houses not in the pool are assigned attractions. The new Sam Harris will get "Six Cylin- der Love," and the new Selwyn will open with "The Circle." Cohan's Grand has not been given an-attrac- tion as yet, nor has the Slndobaker, which will be independent after Oc- tober 1. Little appears decided In regard to Philadelphia, but Boston is sched- uled to get started earlier, and In addition to "Sally," the Tremont will open at the end of the month with "Little Nellie Kelly." "Shuf- fle Along'' will start the Selwyn's season, and "Love and Kisses" will get the Wilbur. "Make It Slippy ' may get the Shubert. but it is stated the bookings are not actually set for that city, and that is true else- where. Tho>--^>ooking combrn.';tion plan wlll'apply to Brooklyn as in an out- of-town city. The Majestic will 1 ARNOLD DALY'^ALKS our' OF REHEARSALS Manager Gaites Places Mat- ter Before Equity—Differ- ences with Other Players Further Hearing on Marion Davies' Charges Against DaiHes Set for July 24 READYING FOR SEASON Rehearsals of Crane Wilbur's flrama, "The Monster." which Jo- oeph Gaites is producing, were in- terrupted last Friday when Arnold Daly, who headed the cast, walked out. The "temperament" came as a clinuix to Daly's differences with Lawrence Marsden, the director, and one of the supporting players. Frank McCormack, whom "Wilbur picked for the part. Daly insisted he should be dismissed. The pro- ducer upon investigating the matter refused to accede to Daly's demand. When asked about it Gaites stated he wanted to be fair to the players in the show, that Daly's demand was not fair and that he stood' on the ground that a manager shobld have the right to conduct his busi- ness without interference. The matter was placed before Ekiuity and it is understood the ofReials did not blame the manager. W^ith a new lead, "The Monster" will open at Stamford, Conn., July 26, for two days, playing Atlantic City the week of July 31 and coming to Broadway August 7. It had been announced, with Daly,, for Chicago. It all happened over a change in a bit of business which Marsden ordered to facilitate the entrances and exits. Daly and McCormack had words, with the result of Daly's demand. Daly was to have featured, and in addition to salary was to receive a percentage. His contrtict SpeciAed that in the ^event of any differences the managej^ was to have the right to decide. Gaites advanced Daly $500. After he walked out of rehearsals the manager placed the matter before Equity and asked he be protected against losing the money advanced. Gaites expended $18,000 in the pro- duction, and in applying to Equity desired to know what protection a manager had in such a case. Gaites is a member of the Producing Man- agers' Association. The case may come before the managerial body. The cast was all-Eijuity. Early this week, Mr. Daly pre- pared to return to vaudeville in a sketch, with four peoj)le, using the last incident in "The Affairs of Anatol. ' SPLITTING 'TIN WHEEL" Greenwich Village and" Vaudeville Don't Mix—Herndon Out "Pin Wheel," Raymond Hitch- cock's revue which ciuHt-u at the Carroll last Saturday after sticking four weeks, is to be made over into two separate attractions. Richard Herndon, who sponsored the show, is convinced Greenwich Village and vaudeville will not mix and has withdrawn all interest. Michio Itow, whose conception of the classical dance formgd the orig- inal basis of the show, will offer his numbers unadulterated. The I*uneh and Judy is mentioned to get the at- tr.iction. The sunrunonses issued by Mag- istrate Simpson in the West 64th street court against the editors of three New York dailies on a charge V criminal Nbel by Marion Davies were returnable last Saturday. At- torneys for the defendants were ni court, as were the Misses Marion and Reine Davies, thefr brother-in- law, George B. Van Cleve, who pre- ferred the complaint on behalf of Miss Davies, and Mrs. Van Cleve, besides Mrs. B. J. Douras, the mother of the Davies girls. Mr. Van Cleve and Reine Davies had testified, when a i^equest for an adjournment by the defendants un- til July 24 was granted. Counsel for the newspapers reserved their right to cross-examine. Mr. Van Cleve stated he had been at the lawn party given by Reine Davies at her home in Freeport, L. I., and that Marion Davies had not at- tended that affair; that she had re- mained at home with her mother. It was not a "wild party," as re- ported by the dailies, but a family affair, stated Van Cleve. Askeil by his attorney if Marion Davies was engaged by Cosmopolitan to appear in Its pictures on a salary or percentage, Mr. Van Cleve an- swered she received a percentage. Reine Davies corroborated Mr. Van Cleve as to her sister's absence from the party. A motion to remove the hearings to another court and before another magistrate through counsel stating • all three papers ("The News," "Evening Telegram" and New "yoif: "Herald") were published down- town was denied by Magistrate Simpson, who stated he would pre- side at all of the hearings. Previous to the hearing Van Cleve had issued a lengthy statement con- cerning the lawn party, mentioning the Hirshcs had not been invited to it, and the names of most of the guests who were present wore given. Earlier in the week a state- ment had been given out by the attorney for the Hirshes, after Mrs. Hazel Hirsh Ivad pleaded not guilty to the indictment found against her by the Grand Jury of Nassau coun- ty for assault in the first and sec- ond degree against her husband. Oscar A. Hirsh, whom she is charged with having shot upon the lawn of the Davies home some ini.e after the party had ended. Mrs. Hirsh was held under her plea in a reduced bail of $10,000. The Hirshes'.statement mentioned Mrs. Hirsh could not possibly have in- tentionally shot her husband, she loved him so. The Van Cleve state- ment said it w.is an act of charity to have removed Hirsh, after he was shot, inte the Davies home. It also related that an attempt to have the newspapers charged with criminal libel print the truth of tl e shooting affair, following their misleading articles, had failed, with recourse to legal proceedings to have the matter set right before the public Mi.ss Davies' only alternative. Ixepresentiitives of the dailies con- tinued to interview guests of Mis.s Davies at the lawn party during last week In an endeavor to bring out some evidence they could pro- duce at the hearing which would uphnld some portions of the stories they had published. <Coiitinued from page 1) way prior to the recognised Day barrier. Managers are watching Broad- way's present pace and the first ar- rivals will be scanned even more cloeely for the reason that if tney are able to stand up, the premiere schedule will be advanced. More theatres ha^e been able to keep lighted than weve expected: It was figured the bad season Just ended would surely flow into a worse sum- mer than that proven to date. After the middle of July (this week) Broadway always looks for an upward box office trend. It is the season for the arrival of mer- chandise buyers and that group of RUSSIAN STOWAWAYS AUOWED TO REMAIN Actresses Taken Off Boat at Baltimore—Give Concert in Hotel—One to Marry Baltimore, July 12. Last week two Russian actresses, Anna Vivdenko and Eugenia Georga Bonar, were landed in lialtimore as stowaways from the "Manitowoc," Captain Valdemar Knudsen, com- manding. Since that time they have been the subject of much newspaper commment, have given a concert In the Hotel Emer.«!on here to prove their ability, have received several offers of marriage, the State De- partment at Washington has de- cided they can remain in this coun- try, and finally. Miss Vivdenko is to marry tho mate of the ship on which she concealed herself. After landing in Baltimore, they said their ambition is to continue on the American stage. They put in on the "Manotowoc" while the boat was loading grain in Russia. Dis- covered four days out at sea. Mate Brakkc looked after them. They were given quarters and treated with utmost respect by the crew. The captain's wife took them both under her wing when they landed here and later, with permission from the Department of State, took them to Tarrytown, N. Y., with her a few days ago. Many Baltimoreans have enlisted thenaselves in the girls' cause and their fight against deportaUpn has been aided by United States Senator Joseph Irwin France. The young actresses will now stay In this country and will add to their accomplishments by taking dancing lessons. They formerly played in the Municipal theatre, Mcscow. ££N£ RIANO ALL BIGHT Rene Riano returned to 'The Music Box Revue" Monday, after having been out of the show for a week due to injuries to her eyes sustained when an automobile tire exploded. Miss Riano was t«>m- porarily blind, but recovered late last week. The tire had been vul- canized and, under too heavy air pressure, blew up, throwing stones into tho dancer's face and causing paralysis of fh€^ eye-lids. handle all m iical sho'.vs and the Montauk will get dramas. Shubert's Teller will play mixed attractions, and that goes for the Majestic, whero> musical shows arc not on hand. RODNEY'S ROAD SHOW ''Rings of Smoke" to Tour at $130 Top "Rings of Smoke," the present vaudeville production headrd by Pat Rooney and Marion Bent, will be converted Into a full evening's musical comedy revue before the summer has ended. It will then start on a tour of legitimate road booking, to play at $1.50, with Rooney and Bent starred. Rooney and Bent appeared In "The Love Bird" as their last pro- duction, going on the road after a considerable run on Broadway. P. M. A.'S HEAD Augustus Thomas Probable Choice —Meeting Thursday A meeting of the I^roducing Man- agers*' Association was scheduled for Tliursilay (yesstrrday), espe- cfally called to consider candidates for the lu w exetutive post created by the managers. Augustus Thomas is the outstanding candi- date, and since his name w sug- gested, no other po.ssibility has been brought lorth. It is understood Mr. Thomas has indicated his williiignet^s to accept the post as the head of the pro- ducing managers. The title of the office is chairman of the board of directors. That body is comprised of 12 managers, the regular board to have eight members and the four oftlcers also counting as di- rectors. MONTGOMERY'S MUSICAL PLAY James Montgomery for the Van- derbilt Producing Co. is writing a new nrmsical play, due at the Van- derbilt in the fi^l). The story is described as a "country Magdalene" and concerns an Italian mill girl whose dreams come true. The score will be composed by Maurice De Paicke, who is credited with the orchestrations of "Going Up" and "Irene/' "SPICE'S" GARDEN RECORDS "Spice of 1922," at the Winter Garden, broke the house records for any four r>crformances with its opening, from Thursday to Satur- day. The first show played to $6,880 at $5 top, and the four shows totaled 117.000. The current week opened strong with around $1,000 in Monday and $6,000 on the day Tuesday. The hotel rail is strong. MARTIN HERMAN'S VACATION After threatening for eight years to take a vacation, Martin Herman started one last Saturday. He is on- a hoax that runs from New York to Quebec via the Gulf and River St. Lawrence. The trip is about 10 days on the water with a stop-over at 'Quebec, living on board. ' vialton Is already reaching the me* tropolis. The period for the buyer^^ Influx extends for six weeks, w u« to Labor Day. In a legit booking office it was said shows on the road In Septem- ber will equal last season's crop a| that period. The fiscal low tide was reached last week <the Fourth), but a weather break on the holiday again was In favor of the box offices. Musical shows like "Good Morning Dearie" and the "Music Box Revue**, drew around $20,000 on the week; excellent business for this period, though the grosses were the lowest since those attractions opened. T|js "Follies" was in no way aflfectsd^ again getting $37,300. and that at- traction Wednesday afternoon ot this week, when the heat again <ie« scendcd, went to over capacity. Gest's imported "Chauve-Sourli^ at the Century Roof is making show history. Nof only is It continuing to pull practically capacity business, but has maintained its $5 top scale for a longer period than any at- traction on record. The Music Box played to $5 top for 18 weeks, there- afte»r reverting to $4, its present top. Last Slimmer the "Follies" (then at the Globe) h^ld to the same scale for 15 weeks and went on tour at $3.50 top. The only other recent $5 show was "Clair de Lune," which had a limited run of eight weeks at the Empire last spring. There are two non-musical at- tractions which bettered $14,000 for tho "worst week," "Kiki" at the Bclasco (on a seven-performance basis), and "Partners Again" at the Selwyn. Broadway still offers a total of 31 attractions. One leaves Saturdayj when "Lawful Larceny" closes at tho Republic. That house passes to Oliver D. Bailey next week when "Abie's Irish Rose" will move thers from the Fulton. The attraction total will remain at 21 for at least another week however, the S8th Street relighting Monday with the "Plantation Revue," a colored show. The newest big money show Is "Spice of 1922," which opened at the WInt«^r Garden Thursday of last week. Tho Jack Lait revue drew one of the biggest openings on rec- ord at the Garden, the first nighC being close to $6,800 at $5 top. The regular night scale is $3. For the first four performances the revxie grossed $16,600. including a capacity mid-summer Saturday night, and that gait is said to be a new Garden record at the scale. The show did $29,000 on its first six days of nine perfprmanccs. With the buyers ar- riving the "Spke' offering looks like a cinch for the summer, and it is actually running second to the "Follies." The Shuberts are cast- ing a new "Passing Show." due late in August or early in September, and it may. succeed "Si)iee," but there is a possibility of placing it at Jolson's. "Sue, Deap,** a musical play opened at the Times Sijuaio Mon- day, drawing fair notices. Its Tues- day night bu.siness was strong, aided by cut-rating. ♦ Buys and Cuts St tionary The nimiber of attra<tions with tho i»ri'k< rs as "buy.**" and the num- ber on sale in the cut rates re- mained .»-tationary this week, even with a new attraction making its advent and the closing of another. There are eight buys with the ad- vance agencies, namely KIkl," Be- lasco; "kempy," Belmont; "Cap- tain Applejack," Cort; "Good Morn- ing. Dearie," Globe, "Mufiic Box Revue," Music Box; "Ziegfeld Fol- lies," Amsterdam; "Partners Again," Selwyn; and "Spice of 1922," Win- ter Ga-den. The surprise to the agency men is that the legitimate attractions of a non-musicial nature which were in the buy list during the regular season and have remained into the summer have held the pace that they have in demand. "Kiki" and "Capt. Applejack" are two of those par- ticularly. In the cut rates there were eleven show« listed on Wedn«sd;iy, with the demand for seats thir«» prac- tically at a standstill in advance, tho only business bei'ig >*one in the last few hours before curtain timo. The attraetions offered at bargaiji prices were "The CttUlfish," Astor; "Th ; Dover Road.' Bel- mont; "Strut Miss Li'/.7.; ' Car- roll; "From Morn to Mi<li'ip;ht," Frazte; "Abie'« Irish Kosr," Kulton; "He Who (Jets Slapped." (Jarrlck; "Six Cylinder Love," H.irri' ; "The Rat,' Morcsco; "I^iwfiil Larceny.' Republic; "Shuffle Along." •** Street, and "Sue Dear." Timef M-