Variety (May 1923)

Thursday, May 84, 1923 LEGITIMATE 19 "VENGEANCT CO. CONVICTED ON IMMORAL PLAY CHARGE Sentence Due in 30 Day*—Production Attracted . Much Attention Because of Its Theme—Harry Weinberger, Lawyer The manager, star and players of •'The God of Vengeance" were con- victed of giving an immoral and indecent performance before a Jury drawn from a special panel in Gen- eral Sessions late Wednesday after- noon. Judge Mclntyre remanded the defendant* for sentence until June 29. All are under $300 bail each. Harry Weinberger, attorney for the players and also one of the defend- ants as manager of the show, in- timated he would appeal the case. The offense is a misdemeanor pun- ishable by fine or imprisonment. The "Vengeance" case has at- tracted much attention from the time it was brought to Broadway at the Apollo from Greenwich Vil- lage. It was reported at the time that if the show attempted to move uptown it would be sure to attract police attention. The latter acting on complaints secured indictments and arrests were made shortly after the show arrived on 42d street. It was regarded one of the rawest plays ever presented on Broadway, but Weinberger contended it was artistic and proffered endorsements from several well-known individuals. Rudolph Schildkraut who had ap- peared in the Yiddish version of "Vengeance" which was written by Sholem Asch used it for his initial English appearance. The play itself had been presented here in Yiddish for several years but attracted no attention. There were 13 persons coupled in the conviction and in addition to Weinberger and Schildkraut the en- tire balance of the company is In- cluded. They are: Esther Stockton. Virginia McFadden. Marjorie Stew- art, Irvin J. Adler. Mae Berland, Sam Jaffe. Morris Carnorsky, Dorothy Nolan. Aldeah Wise. Lillian Paig and James Meighan. Michael Selwyn, house manager of the Selwyn, was also indicted but his case is understood to have been separated from the others. G. & S. MUDDLE Ziegfeld Loses First Legal Point Coming Up PUNCH & JUDY'S RECORD 8 PLAYS THIS SEASON Longest Run, 5 Weeks; Short- est, 3 Days; Average, 2 Weeks MORRIS SIGNS MRS. CASTLE Just before the "France" de- barked for England Wednesday morning Irene Castle affixed her signature to a contract whereby Arch Selwyn will manage Miss Castle on a concert tour in the fall, preparatory to her starring in Andre Chariot's new revue, as yet untitled, due for a metropolitan premiere New Year's eve. The con- tract was signed through William Morris, Jr. ! ANNUL VERA'S MARRIAGE Vera King (Frlx), last in the "Rose of Stamboul," was granted Tuesday a decree of annullment of her marriage to Walter Frix, son of George W. Frix. the piano manu- facturer. The cause for action was that both litigants are under age. Frix, Sr.. who died last August, did not sanction the nuptials and stopped his offspring's income. OARRITY, YOUTHFUL HERO Chicago. May 23. Jack Garrity, Jr., nge 15. son of J. J. Garrity, Chicago manager for the Shubert*. has received head- line honors In Chicago newspapers In accounts of his heroism in con- nection with the recent floods in Hot Springs-, Ark. The family In there, and Garrity Is nursing a run-clown condition. "BAL TABERrN" IS CLOSED "Bat Taberln," the Shubert mu- sical piere which was designed for the Century Roof theatre and also mentioned for the Shubert, was taken off Saturday In Phila- delphia. It Is in need of recasting and may n.>t be tried »^» ! n until fall Gallagher and Shean scored a point Saturday in the hearings be- fore New York Supreme Court Jus- tice Irving Lehman in his private chambers wherein Florenz Ziegfeld, Jr.. made application to force the "misters'' to submit* to an arbitra- tion to determine their obligation to play in the "Follies" after June 1. The motion was denied on the tech- nicality that Nathan Burkan, acting for Ziggy, had not sufficiently noti- fied Gallagher and Shean relative to the application for an arbitration. Tobias A. Keppler represented for the actors. Another angle figures in the mat- ter of Gallagher and Shean's picture services. The team has contracted with the Fox Film Corp. to star in a comedy. "Around the Town With Mr. Gallagher and Mr. Shean." The "Follies" entrepeneur objects to their services therein claiming an exclusive contract. On counsel's ad- rice they will start work oh the picture shortly. Gallagher and Shean choose to favor a fall starring contract they hold with Charles Dilingham and George White for a Broadway vehicle to be written by Aaron Hoff- man. Ziegfeld bases his prior claim on a contract of April S, 1922 for the run of the "Follies" which makes provision that in case of dis- pute the matter should be referred to Equity for arbitration. The dis- put involves a novel point never before decided. The standard P. M. A.-Equity contract does not give a manager an actor's exclusive serv- ices following one season, stipu- lated as concluding June 1. Zieg- feld, however, used a short contract, letter form, for the run of the "Follies" to be governed by the Equity's rulings in all other re- spects. Ziggy claims the June 1 termination does not apply in his agreement with Gallagher and Shean, but interprets it as an ex- clusive signing of the comedians' services as long as he continues the "Follies" run. Equity side-stepped intervening in the arbitration because of the non-employment of the standard form of contract. If Gallagher and Shean leave the show the "Follies" will retain the melody of the "Mister" song and possibly such published verses as are now common property. Gene Buck has written a parody on the number and has called It "Mr. Be- lasco and Mr. Gest." New numbers and features dated for the "Follies" starting June 4, at which time Eddie Cantor steps into the cast, may be postponed a week because of the death of Zieg- feld's father in Chicago and the manager's trip to the ctiy. One of the additions is a Spanish prima donna, Helena D'Algy, who has been appearing In Buen03 Aires for the past two years. Cantor's four weeks of Keith vaudeville which start with the "Follies" engagement will be played because of prior contracts. lie will play the Orpheum the week of June 4. with the Falace follow- ing. The record number of attractions for a theatre on Broadway this sea- son goes to the 299 -seat Punch and Judy, which also played the short- est run. Since last fall eight shows have tried, all failing. The house was dark so frequently the actual number of playing weeks hardly exceeded the unlighted ones. The average engagement at the Punch and Judy was two weeks, al- though "The Square Peg" stuck it out five weeks. The shortest "run" was three days, with "Persons Un- known." The most recent fliv was "The Apache." which stopped last Saturday after a two-week try, the house being rented for that period. The others tried were '"The *49ers," "The Love Set." "The Doormat." "The Evergreen Lady" and Tony Sargs' Marionettes. HOT CAMPAIGN OVER FRIARS' ELECTION Opposition Ticket in Field with Third Ticket in Prospect- Headquarters Established 'PEPPER BOX" IN L. A. Los Angeles. May 23. The "Pepper Box Revue" opened to a capacity audience at the Audi- torium Monday.. Considernhlo "pi- per" was in evidence for the pre- mier, but those who bought seats us well^ as the deadhead s app eared to enjoy the performance. Sophie Tucker and George Le If sirs were given the greatest attention by the local critics. The revue is not a riot, but good summer fare. The piece has been strengthened since the San Francisco opening by the addition of Marvel, dancer, and Harriet Bennett, prima donna. The annual election of officers for the Friars' Club promises to be the keenest contest In the history of the club. There are two tickets in the field now and a probability of a third set of candidates, some club leaders seeking a change, figuring the second ticket not strong enough to oppose the regular candidates. Something exceptional in club politics was started this week when the sponsors for the opposition ticket established campaign head- quarters at 1650 Broadway. It was claimed a fund of $2,609 was raised to carry on the fight. George M. Cohan heads both tick- ets for re-election as Abbott. His running mates are William Collier for Dean. J. Frank Stephens, sec- retary, and J. P. Muller, treasurer. The opposition ticket has Lionel At- will for Dean, Edward E. Pidgeon, secretary, and Fred Murray, treas- urer. Candidates for re-election on the board of governor* are little changed. L T. A. CONVENTION IN NEW YORK JUNE 18 Daily Sessions of Labor Com- mittee—Salaries of Officers ** GAITS' THRILLERS -Sun Showers" Now "Happy Days" Philadelphia. May 23. "Sun Showers" at the Chestnut Street O. H. next week will be called "Happy Days." Two Plays with Lurid Titles Trying Out in New York "The Unloved Wife" and "The Unwanted Child" are two plays of George Gatts' he intends trying out during two weeks he has engaged the Yorkville, New York, commenc- ing May 28. The former named has played on the road here, and its title attracted different kinds of attention. The other may be a new piece. Both are short cast plays, with the fol- lowing engaged: Gertrude Boyes Peter Lang. William Luels, Betty Baker, Helen Learning. Jack Ryan. The International Theatrioai As- sociation will hold its third annual convention at the Hotel Pennsyl- vania, New York, starting June IS. A feature of this year's meetings will be daily sessions of the labor committee, which will have special quarters, where visiting members may receive advice on smoothing out local labor problems. Discussion over the I. T. A. has cropped up in the Producing Man- agers' Association and some opposi- tion has been recorded. Some pro- ducers owning houses hare ques- tioned the right of the I. T. A. to charge dues on top of the 'P. M. A., paying the I. T. A. pro rata on Its membership. It Is said ths produc- ers' association has paid on the basis of $6,000 annually. Last year the I. T. A. was operated under a> loss, partly made up by donations. Theatres were requested to charge "tax" on passes, such money being turned over to the I. T. A. Soma houses instituted the system, others disregarding it. Lee Boda. as executive secretary of ths I. T. A.. Is under ftt.Ott salary; Ligon Johnson, counsel for the association, Is said to- receive $10,000; Alfred E Aarons. Ralph W. Long and Abe Levy comprise ths labor committee, each receiving $5,000. HARRIGAN BANKRUPT Owes $6381. and Hss $10 in Bank- Voluntary Petition William D. Harrlgan, "Polly Pre- ferred," and son of Ned Harrlgan, of ths famous Harrlgan and Hart team, admits he's "broke" in a vol- untary petition In bankruptcy filed last wsek. The »otal liabilities of $5,381.60 are mostly for debts con- tracted for money loaned from the- atrical friends. Louise Oroody i • down for $2,000; Leor Brrol, $500; Bert Brlg u i, $100; Wtnchstt Imtth. $150; John Pierre. $25$. Also Items to Max Hart, New York Athletic Club, Hotel Alg nquin, and Alfred Cheney Johnson. A $10 bank balancs an I .50 worth of exempted wearing apparel a:*e the sols assets. Harrigan's ad- dress is. given as $17 Bast 17th street, New York. Robert P. Stephenson has been appointed receiver. BAT'S" RECORD "The Bat" will again bo prolific next season, Wagenhals Jb Kemper having decided to send out six com- panies, the same number as toured this season. Multiple routes for the champ mystery play are dated to begin early In the fall, most of the engagments being repeat dates. It will be the fourth season for ths "Bat," claimed the biggeat money maker In a decade. No other attraction Is known to have "fab- ricated" companies to such an ex- tent at a similar period after the Broadway engagement. INDIAN PLAY IN O^EN San Fr i hclsco, M *y -3. Tamelpa," an Indian play by Dan W. Totheroh, was staged in the Open air theatre on Mount Ttnial- Pais this week Qarnet Holme di- rected -uid the chief role wis por- trayed by Phyllis Blake Stnndberg Piays Next Season The United Plays, Inc.. his acquired the English speaking rights for all of the plays of Au- gust Strindberg, the Norwegian dramatist, and intends to produce several next season. With the ex- ception of "The Father." few of Strindberg" ^ works have been seen in this country, and, as he Is gen- erally considered second only to Ibsen as a Scandinavian playwright, it Is expected that the productions will arouse considerable interest. Most of his plays deal with Rial - rlage. Often presenting woman in a very unfavorable light. Strindberg was. essentially, a woman-hater. KELCEY ALLEN Dramatic Critic "Woman's Wear" and "Daily News Record" Kelcey Allen enjoys (?) the rare distinction of being dramatic critic of two New York City dailies. One is an evening paper entitled "Women'.s Wear." read by* 1 the buyers and manufacturers of wearing apparel for. women The other is a morning newspaper called 'The Daily News Record." Its readers are for the most part buyers Bind manufacturers of men's wearing apparel,*bankers, executives of textile mills and merchants. Mr. Allen has been present .it every Import int flrst night in New York for thirty years and probably knows personally more managers, press agents and actors than any other dramatic editor In the countn He was born in New York City and has neon writing about the theatre and its people for more than a quarter of a century. II" is famous for witty 'first night" remarks It was he who said, the show must have a pum-h or tie- i,. Ueta will have," and 'the reason that people go to Hrai nights is because there may never be » second." His best one wis after the first appearance of Lionel Barrymore In "Macbeth." After the actor spoke ths line "Lay on, MacDuff," Mr Allen whispered to John McBrhle, the ticket broker, Lay off McBride." Once asked by a young man how be became a dramatic critic b'r Allen replied that he was the only man on the paper who ownel a dress suit, and had lie owned t new one, he probably would have been m i If the opera critic (The iixtecnth picture tmi brief tketck 0/ the dmmatic rd\ior» of the countryj FROM 'T00L M TO "F00L M The Boston company of "The Foul" will close Saturday, at which time four members of the cist will be transferred to the New York per- formance, which will continue through the summer at the Times Square. The players joining the Broadway cast are Alexandra Carlisle. Hilda Vaughn, Hale Norcross and Clarence Ifandyslde*. They will replace Adrienne Morrison, Arthur BMOtt Alberta Burton and Roilo Lloyd. Ths latter players will rejoin "The Fool* in the fall, when seven comp\nie* are to be sent out FRIARS 'ALL HOOFERS' TICKET An opposition ticket mmed (<tr ihe Friars led to a "third tick"' m» pelting on the unofficial call board it the Monnstery last week It w • * -id. the "All Hoofers Ticket" The "nominations" w «re Rig If eel !>ori i hi TOrr f,itt|« 1 IcH , ,,,,,i,,,,., l l rn ny Rym first Upper Louis M » te ml Assistant Uppor Busier W ■ il Master of Loots Sammy Le<» Board of Sol«s Tom Dingle 0<»n<M »l < fOrdov in Charles. Mosronl Polish** Tyler Brooke Keel I»l ■»<» Ruck Mack toner fleet (leoigo M Cuban Finisher —-