Variety (July 1923)

p^ VAKiSTY TtuxnOMy, July ii, ifwi 139 . < > NEWS OF 1HE DAILIES Bthel Barnrmore Colt, temoua Aotr«M, WM granUd a dlroro* from RasMU a. Colt, son of tho Ifte Samuel P. Colt of BrUtol. R I., on tho ground of neglect to provide. tlM dooLslon l>«Inff glvon by Judffe Chreena of Superior Court at Provi- dence. R. I., Thuraday. The decree followed a hearing on testimony taken by depositiona. Wblle unJer the decision Mrs. Colt is granted the custody of the three chUdren, It Is understood that aa interlocutory decree will be entered whereby at stated intervals Mr. Colt may have the children with him temporarily. The papers were sealed at the request of attorneys for both parties. In her deposition Mrs. Colt stated that she was married March 14, 1909, and that following her whUe they actually turned oat to t>e just one-half of that figure. Biokoff was held in |l,OM ball in the West aide Court. Among the 11 people arrested July 6 along the Paclflc coast as sup- posed dope peddlers were Vincent Bryant, songwriter, scenarist and film director, and a woman believed to be his wife. Pathe pictures of the Dempsey- Qibbons fight were shown on Broad- way it hours after the battle at Shelby. The films were taken by cameramen who. disregarding the Kearns edict about exclusive pie- turee, disguised themselves as pea- nut vendors and took the pictures with pooket-sise cameras. They were brought east in an airplane. marriage her husband traveled with Rather than get into the ny- her while she followed her stage profession. Shortly after the mar- riage Mr. Colt connected himself with a New York brokerage firm, shs gald. She continued, that in 1914, while sUylng at a hotel In New York, Mr. Colt arrived at the liotrt lata one night, and when she sought to ascertain the reason for his late arrival he struck her .sev- eral blows in the fact and discolored her eyes. As a result of this she required the services of a physician. 'Ever since her marriage she has supported herself and children, she declared, and she maintained a summer home at Mamaroneck. N. T., left to her by the late Colonel Ctolt. Anna Patterson, maid to Mrs. Colt, declared in her deposition that she was called to Bthel Barrymore'a ro(Hn one olght in April, 1920. and found Mrs. Colt bleeding about the faee^ with her eyes discolored and suffering from a nervous shock. Depositions by John Drew, uacle to Mrs. Colt, and by a man named Frank, financial manager for Mrs. Colt, wcro also read. Miss Barry- more and Colt married in Boston in 1909 and were separated two years later, shortly after the birth of their first child. They were reconciled a few months later, but shortly after became estrangr ' again, and numer- ous breaks, followed by reconeilia- tions, toUowad. In 1921 it was an- nounced that a formal separation I agreement had been reached. Re- | cent^ reports wsre circulated that Miss Barrymore planned to marry Maokaye Morris, leading man In her latei vehicle, '"The School for Scan- dal.'* but Mr. Morris dismissed the report with a denial in which he said he "wished it were so." Miss Barrymore comes oC a family long noted on the stage. paper" situation in which Earl Car- roll found himself recently. Will RCorriasey, whose new revue, "The Newcomers," likewise contains a number of non-Equity players, has decided to join the Producing Man- agers' Association. The usual newspaper story about tLe girl organist who bravely played until th£ audience marched out of the bunting theatre didn't apily to a blaze at St. Mark's thea- tre, 1S3 Second avenue. New York. Police reserves had to rush in and eject most of the audience, which included 300 small boys, lost in watching the picture. Incidentally, as the press agent didn't eend this in, the film was •*Onimpy," with Theodore Roberts. After the fire had been extinguished, with small loss, the audience returned and sat on the wet seats. Dsmpssy's trainer, golden curls and deUoata fsaturss^ supposed surs signs of * "sissy." often indicate that boys who possess them also hav« great athletic ability. **While athletio aohisimment is principally a matter of consistent training. I believe that if there is such a thing as a gift for physical development it lies with the more attracU^e children." Hayes adda "I have found that the so-called *pretty boys' make the most danger- ous men in the prise ring." The First NaUonal press agent who "hung^ the story on Hayes. says Dempsey's trainer found a good example of his theory in Rich- ard Headrick, aged D. sUr of "The Wanters,'* a Louis B. Mayer pic- ture ,who looks lilae a "little angel." but is a corking good athlete and holds the kid swimming champion- ship of the Pacific Coast. The estate of the late Henry N. Henderson, founder of Henderson's, music hall anu restaurant at Coney Island, valued at 1862.000, under the terms of the will and two codicils, cannot be distributed until after the death of his former servant. Mrs. Jeni>le Adelaide Zimmerman Brown, now living at Los Angeles, accord- ing to a decision rendered by the Kings County Surrogate's Court last week. Henderson died at Los Angeles. Aug. 29, 1909, after four years' illness at the age of 61. He was the father of the late Frederick B. Henderson, head of the Orpheum circuit, who also died at Los An- geles, Feb. 9, 1921. After his father's death, Fred. Henderson operated the music hall and restau- rant. Louise M. Norwood, 142 Buckingham road, Brooklyn, only fiurviving child of the elder Hender- son, petitioned the court for a con- struction of the will and codicfis, under the belief that the time for the trust estate had expired. Tlie testator directed his executors to pay ISO a month "unto the said Jennie Adelaide Zimmerman during her life or until she shall marry." By the codicil the sum was in- creased to $100 a month. Hender- son also provided that after Fred. Henderson, his grandson, l>ecame CABARET (Continued on Page 11) through tha meadows to Long Baach. Tbs promised conorete roadway at present extends about a quarter of a'mils^ Beyond that comes the terrible section which is a dUgraoe to the resort A sign hn- parts the information that the road is undsr construction and motorists may use it at their periL It is claimed the storms of last especially pleased with the studies winter prevented the road being re- made, but there is hardly any ex- cuse for the succession of deep ruts, which could be level by laborers with shovels. When dry the road is a nightmare, throwing up blac^ dust. There may be only half a mile of the up-and- down eltect, but It seems like two miles. Long Beach has been retarded in development by notoriously bad transportation facilities. It never can really "arrive" until following Atlantic City's lead by building boulevards across the meadowa \/ Tha Park View in Brooklyn, N. Y., put on a new edition of its "Follies'* Saturday. Joe Webb's or- chestra is there. While attending a performance at the Olympic picture theatre, 107th and Broadway, Sunday night. Hat- tie H. Hall, ageJ 60. of 700 West End avenue, died from heart dis-1 jj years of age the purpose of the ease. | trust also wa^ fulfilled. The grand- son is now 30, and the servant be Marie Dahm. Ziegfeld 'Tollies" show girl, won the vocal soholarship offered by a New York musical school, and as a ruward will get a free trip abroad. She lives at B28 61st street, Brooklyn. Sixty cities are again holding contests to pick "prettlesf* girls to represent them in the Atlantic City pr eant to be held Sept. 5-7. Another Broadway landmark is about to pass. The Marlborough hotel will be replaced by a 20-story commercial building. Because l!ert La Mont, vaudeville actor, left in New York State some property which, under the in- heritance tax laws, may be taxable, when, as a resident of Kaneas City, Mo., he died Feb. 13, 1921. an ex- emplified copy of his will was last week filed and admitted to probate in the Surrogates Court, New York. The will, which is trief, was wit- nessed by the Rev. P. M. Smith and Harry M. Johnston, the original having been admitted to probate at Jackson county, Mo., April 27, 1921, Ziilllan M. Pitcher, of 3025 Indiana avenue, Kansas City, qualifying as the administratrix with the will an- nexed of the estate. In full the document disposing of the actor's property reads: *% B. A. Cullen Li Mont, bequeath all my property, both personal and real, to Mrs. Lillie M. Pitcher, to be held in trust for my wife, Lillian Cullen La Mont, and my son, Ber- tram V. Cullen La Mont, to be used for them as they eee fit." Under a $2,000 bond. Mrs. Pitcher had herself appointed ancillary ad- ministratrix of Mr. La Mont's New York personal property by the Sur- rogate's Court, New York. Oct. 16. 1921, upon her petition that he had left in New York about |2,009 in personalty. According to the petition at- tached to the exemplified copy of the will. Mr. La Mont left also some realty at Castle Hill and Qleason avenues, Manhattan. Just exactly how large an estate Mr. La Mont had left in New York, and possibly outside of New York, will not be known '-til, under the direction of the court, the New York property Is appraised for inherit- ance taxation. Mr. La Mont, survived only by his wife and son, died after an illness of several months at the home of his father-in-law at Kansas City. About a year before he went to Burope to study voice culture, but took sick and returned to Kansas City. Carmol Myers, film actress, has been granted a divorce from her husband, Isadore Kornblum, New York lawyer and songwriter, whom she charged with desertion. An automobile belonging to Ru- dolpli Friml, composer, was stolen on July 4. ■ Henry Goldateln of the Bronx has had Robert Binkoflf of Brooklyn, N. Y., brought to court because he claims that the latter sold him a picture house on Soventh avenue, declaring the daily receipts to be |60, Herman Bernstein, editor of the Jewish Tribune, New York City, threatens to sue Henry Ford for libel as the result of an article ap- pearing in the Dearborn Inde- pendent August 20, 1921. Bernstein has retained Samuel Untermeyer. who has written Ford and notified him of the prospective action. In hl^ letter Bernstein charges Ford witn representing him "as a sort of spy in the service of your mythical combi- nation of international Jewish bank- ers, against whom you have been directing grotesque assaults based upon a tissue of fabrications that indicate an extent of ignorance and imbecility and of race bigotry and hatred that are beyond human un- derstanding." What makes Bern- stein particularly wrothy. he de- clares, is that an interview, given by ^Tord to the Universal News Service in June. 1922, is alleged to have referred to the Jewish editor himself as the source of the Detroit manufacturer's Information. Con- tinuing, Bernstein writes: "I am determined to seek redress fot the injury you have done me and to expose the wanton falsehoods you have been spreading over the coun- try concerning the Jews of the land, based largely upon documents that I have heretofore exposed as forgeries and the figments of a dis- eased imsigination." came the wife of Andrew M. Brown in Octol>er, 1909, but the court helf, under the provisions of the docu- ments there can be no distribution of the principal of the large tr t fund. It is believed that an appeal will be taken. Henry Henderson went to Coney Island more than 40 yeans ago, and erected a theatre at which minstrel shows were the at- traction. After the passing of the minstrel craze he introduced vaude- ville. Fred. Henderson, his son, was one of the organizers of the Or- pheum circuit, which he later headed. Another "rabbit\Dunch** at the neck of the elusive press agent was delivered when Peter A. Blossom, retiring president, told delegates to the Now York Press Association convention at Buffalo, July 7, the time had cor.e to close the col ..•.na of the newspapers to "unpaid ad- vertising." Blossom termed the' "space grabber" one of the big problems of the small city daily and the rural wsiffkly. James Blossom, of the Brockport Republican, was elected president. May Yohe, former theatrical favorite, and Incidentally Lady Francis Hope, owner of the great Hope diamond, and her husband. Captain John Smutj. of South Africa, have opened a tea room at Marlow, N. H., on the highway to the White Mountains. Captain Smuts, cousin of Oeneral Jan Smuts, will do the cooking, specializing on South African dishes, which are little known here. The inn is called "The Blue Diamond." The couple own 600 acres of farmland In con- nection with the inn. Yale University has been Unable to find a song to supplant "Bright 9nllnge Years." Out of 162 manuv scripts submitted, none was pickea for the $1,000 prize. Therefore the contest will be extended to Jan. 1, 1924. It is limited to Yale alumni and students. Noah H. Swayne, '93, Philadelphia, is chairman of the committee of awards. Any rastsurant or other public eating place offering dance music as part of its service is classed as a cabaret, according to the amuse- ment tax division of the internal revenue collector's ofllce, custom house. New York. Such places are subject to the usual cabaret tax, which, the ofllce advises, can be computed at the rate of IH cents for each 50 cents of the check cr 3 cents per dollar or fraction thereof. This is simpler than the compli- cated ruling which the department admits reads rather involved to the effect "one and one-half cents for each ten cents or fraction thereof of the admission price; admission price is deemed to be 20 per cent, ol^ the amount paid for service and merchandise.'* An eating place offering entertain- ment in any form, shape or numner comes under the cabaret claesifi- cation. A hostess, where she pre- sides at an eatini "club" merely as a welcoming adjunct of the organi- zation, does not qualify it for the cabaret classification. But as soon as the hostess augments her deco- rative duties with offering an occa- sional song for the "guests" the place Is classed as a cabaret and subject to the cabaret taxation. The local district revenue ofllce offers a practical suggestion that when any doubt exists a letter to the Commissioner of Internal Rev- enue, Washington, D. C, will bring fuller explanation of any odd tax problem. Otherwise remittances for taxes are payable to the collector of Internal revenue situated at the va- rious local districts and not to the commissioner at the capital. trouMs. Ths majority ars ooUsg* boys and diasjr flappars who try ta dsmonstrats how very wild they oa^ ba. Tliis and similar plaoss ar# harnrisss for tbs most part Thsra is considerabis drinking of liquor brought along by ths Ottstomora, hut no mors than Is saan in ths usual Broadway cabaret. Jos Raymond opened July 7 at ths Pavilion Royals, Merrick road^ I' L, with an orchestra of 9 men. Ths Collsglsns, Bob Causer 4|« rector, opened an all-summer •«« gagemsnt July 2 at the Rocky Qlsn park. Bcranton, Pa. Eddis Elkins and his orchestra opened at Castles-by-the-8sa, Long Beach, June 29 for ten weeics. Tho first decision of a United States Circuit Court judge which casts doubts upon the constitution- ality of certain provisions of ths Volstead Act was handed down by Justice George Bourquin at Helena, Mont, July 6. The judge ruled that as Cougress had conferred discretionary right to prescribe liquor on the medical pro- fession. Congress, lacking medical knowledge, has no right to stipulate the quantity of liquor which a phy- sician may prescribe, "for," said ths ruling, "since patients and their conditions are invariably dissimilar, and the variance in diseases, with the natural habits of the patients to be taken into consideration, the dosage must vary, and thereforo cannot be fixed arbitrarily." Judge Bourquin declared this pro* vision of the Volstead act (and sug- gested others) are unconstftutlonat. He specifically referred to the clause limiting the number of prescription* a physician may write and the quantity of whisky he may pre- scribe for any one person in a given time, as this would interfere with the proper practice of medicine and In some cases might have Serious if not fatal results. The ruling is regarded as pro- gressive and may have a far-reach- ing effect in ths legislatures of tho country. ..-. ,.. Bsssi's Qros is hostess and enter- tainer at the exclusive Supper Club on West 48th street Alma Qluck Zlmbalist, singer and wife of the violinist, has sold her home at Forest Hills, L. I., to Ar- thur Travers. Taylor Holmes has sold his residence in Forest Hills to B'airway Close. Mlecha Mlschakoff, a young Rus- sian violinist, was cho.nen from 600 contestants to be soloist in the tStadium concerts of tho New York I'hilharmonlo Orchestra this year. No singer or pianist was found who could moot the exacting standards required. After reading this, any chorus man should bo abl' to run right out and take a wallop at a stage hand. Accc ding to Teddy Hayes, Jack Hereafter the Church of the Transfiguration, 29th street near Fif t. avenue, commonly known as "The Little Church Around the Cor- ner," will be the ofllclal church of the Actors' Church Alliance of America. Bishop Manning has been named honorary president of the Alliance. Rev. Walter E. Bent- ley, of Port Washington, L. I., chap- lain of the Alliance and rector of St. Stephen's Protestant Episcopal Church at Port Washington, will conduct services two Sunday after- noons a month during the theatrical tsason. and also will have office ours for the actors at the "Little Church." Ethel Broadhur.'^t, actress, living at the Hotel Chelsea, had Julian Cousins, a negress, arrested, charged with stealing a handbag. Mlse Broadhurst said she gave the negress an auto ride to M*:. Vernon. After the other occupant had dis- mounted, the actress said the hand- bag was missing. The prisoner was held in $1,000 ball by Judge Court- wright of Mt. Vernon. Police de- clare they found the handbag in the house where they arrested her. Ths Tswny Kerr orchestra Is at the country club of that name at Lake Oscawana, Peekskill, N. Y. Its members are five young men: Ber- nard Tompkins, Fred Qoldstein, Murray Held, Rudolph Baum, Lee Sherman. They will be at the club until Sept 1. Ray Mitlsr and his band open at the Rita-Carlton, Atlantic City. July 14, for an indefinite engagement Fay Msrbs has been signed for the Terrace Garden Cafe, Chicago. In the Hotel Morrison. Miss Marbo and a band will complete the show. The dancer will receive $750 weekly without a couvert or percentage ar- rangement Pauf Biess, who has the champion dance orchestra of Cook county, having won this distinction in a rs- cent contest, will move from Terraco Garden to Ralnbo Garden, Chicago, July 15, where his organization will replace Frank Westphars orchestra, which will go into vaudeville. W. C. Hsndy, of Pace & Handy, of Memphis, has been engaged by the National Music League for a tour of the principal ciUes with his own orchestra. M The report that George M. Cohan's "Over There" was put in first place in the collection of war songs re- cently installed in tho Library of Congress is denied by Carl Engel, chief of the music division of the library. The songs are arranged in alphabetical order, he explains. I'ire. supposedly caused by a fire- cracker thrown by a small boy, routed 460 people from the Paradise film theatre. Brooklyn. July 4. Now that the police have put their foot on some of the so-oalled "Bohemian'* public cabarets in Greenwich Village, enterprises knov.n as "private clubs" are springing up around the district There is nothing to the clubs but bogus "atmosphere." The claims of their managers that, they are ex- clusive and secret are usually made only for publicity purposes. One of the most prominent Is he- ir run by a man whose restaurant was closed some weeks ago be- cause it was claimed the morals of a minor had been corriu;>ted there. He has given the club, run In the same building as the restaurant was a very fancy name. Admission may only be gained by ticket or by ac- companying some ono who is al- ready a "member." The tickets are sold inside for $4 a year, $1 of which la payable upon application. All members and guests are required to register upon entering the club. A four-piece orchestra supplies music for dancing. The patrons or "members" of this particularly club are a motley group. There are a few of the rounder and genuine sport class who see in it a chance to have a "little party" on occasion without going to too much A new channel of employment (or musicians has been discovered of so profitable a nature that the idea is being derelopsd on sxtsnsive lines and more pretentious ones (or next season. It is ths touring orchestra idea. a band being organized and routed over a circuit of one. two and three night stands, with a concert first followed by a dance as the program, the largest dance hall in each town being hired or played on percentage, in the latter case the band being given a very juicy inducement Amongst the bands at present playing this system are Isham Jones Band, Bennie Kruger's Harmonists, the Irene Castle Band, two of Harry Yerke's orchestras, Mason-Dixon Band, besides numerous local or- chestras. The 8arr Twins are filling a sum- mer engagement at the Palais Royal Atlantic City. Al Burt opens at the Beaux Arts, Atlantic City, July 16, with a 9- plere orchestra. Dan Russo and his Oriole Ter- race Orchestra, now at the Edge- water Hotel, Chicago, are in New^ York this week recording for the Brunswick, Eddis Davis and Harry Aakt have opened at the Canoe Place Inn, near Southampton, L. I., with a six-piece orchestra. The men are recruited from the Club Roy ale Orchestra. Jos Henry has place a six-piece orchestra in the Gun Shores Pavil- lion, North White Lake, N. Y.