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Wednesday, September 12, 1928 LEGITIMATE VARIETY 51 SEASON'S TAKE-OFF BIG "Night Before" Actors Held in Brooklyn for Indecent Show No little indignation was aroused among the players Iri '.'The Night Before" and Equity, officials over the summary arrest of the actors In Brooklyn, N. T., last Friday close to mldnght, acting District Attorney Gallagher securing the warrants on the allegation of an, obscene per- formance. No warning was given either to the show management of to Werba'B theatre, The first Indica- tion of trouble came with the patrol wagon which backed up to the stage door, v ^ , , Last season when New York s prosecutor acted In the case of "Maya," the Shuberts received warning to take the show off or else. It closed, without arrests. The "Night Before" company, headed by Henry E. Dixey, was taken to the Poplar street police sUtlon and released at 3 Saturday morning. Until then the actors were placed In cells, the men be Ing frisked first. Frank GHlmore, Equity's execu tive secretary, who was appealed to, Bcul-ried back and forth, finally sup plying ball with the aid of John Daly Murphy, an actor, who placed his house in Sutton place. New York, as security. Saturday morning the rna'gistrate was for parolling the actors in the custody of Emily Holt, an Equity attorney. The prosecutor objected so strenuously that they were, held under $200 bail each. The bail was posted in cash by Equity. The hearing was put over until today (Wednesday). The show was presented by Ar thur (Hi) Henry, husband of Claire Kummer. When Henry appeared in the magistrate's court with the players Saturday he was placed in the prisoner's pen and not released until the district attorney appeared. There were no performances Sat tirday. The show , wiis to have closed then for cast changes and script revisions. Equity had ar ranged to pay salaries from the se- curity posted, and continuance of the piece was doubtful. Because of that those arrested were all the more steamed up. Monday District Attorney Dodd of Brooklyn gave out a statement that he' would invoke. the padlock law, inferring that the case might shut Werba's. Phone Vacatioii Leonard E. Bergman, gen- eral manager for A. L», Erlangcr, and his personal broker, Eddie Plohn, spent four days in the Maine woods last week, a trip that was described as a phone vacation. Bergman telephoned from every spot iexcept when on the lake fishing. He finally phoned himself into Boston, where a new wage scale for stage hands and musiciaiis was be- ing arranged. Scarcity of Broadway Legit Hits in New Crop Send Business to Older Shows —^Tront Page" "Hottest Ticket in Town" TWO INDICATED HITS FEODOROFF AS EXTRA Mexican Revolution Ruined Former Coast Opera Producer Los Angeles, Sept. 11. Liieo Feodoroff reached the apex of his career as a producer of Russian grand opera six years ago when he played a successful . ehgagenvent with 94 members here. Today he is working as a picture extra^ Feodoroff's downfall as a producer occurred when he made a tour of Mexico. The company, encountered a typical Mexican revolution which caused him to lose all his money, scenery and equipment after spend- ing 40 yeiars to build up the troupe. 2 Actors Lose Oshei's Good Fortune Buffalo, Sept. 11. John R. Oshei, president of the Trico Products Company and for 15 years manager of the Shubert-Teck theatre, here, was this week named a director of the M. & T. Trust Corhpany, one of the largest banks In Western New York. Oshei, who started in the theatre business as an usher in the old ^S_tar,^became a, protege .of Dr. Peter C. Cornell, manager of the house. In 1917 they started the Trico Com- pany, which manufactures wind- shield cleaners, the company then being capitalized at $10,000. When Trico became listed on the New York Exchange last year, .Oshei's share in tbe reorganization is reported to have been consider- ably in excess of a million dollars. The company riow employs . 800 men. Oshei is also vice-president of the Whitmier-Ferris Company, lo- cal poster advertising concern. Two arbitrations were settled last week. A claim of one week's salary by Robert Rendell agiinst E. E- Clive who operates the Copley Players, a Boston stock, was denied, the actor being ordered to pay $20 which was the cost of the arbitra- tion. . Rendell was engaged under, a stock jobbing contract. He appeared in "The Wrecker," which/ran seven weeks. When cast for another show he declined the role but made the claim. Robert Wayne was denied a claim for salary against Clark Silvernail, the matter dating from the Chicago showing of ."Not Herbert." Silver- nail contended that the cast was co-operative, Wayne stating: he knew nothing of that. Gest Sending Moissi Directly to Road Upon Alexander Moissi reappear- ing in New York around Nov. 15 in a Shubert house for three weeks or so, the foreign star will start -upon road travel under the Gest direc- tion. Max Reinhardt is coming over ..with.Moissi, with a'.com_pany ot ,22- Reinhardt will stage "Redemption," the Moissi play. Reinhardt will then proceed to. Hollywood to superin- tend a super picture for United Artists. ; Pest's other venture from abroad, the Avon Shakespearean Players, will open in Montreal Oct. 1 fo.r the commencement of .its Canadian tour. . Ge.st returned hust week after a long and restful European visit. He looks so well there is a suspicion he may have had his face lifted abroad.. Chi. "Show Boat" Off; Hitchy Rolls His Own The proposed Chicago company of "Show Boat'.' has been called off by Florenz Ziegfcld with most of th-.? tentative ca.st candidates shifting to other engagements. ■ " "T^ay m dilH" II11 cTic^o^TClo"Kd ve'"bX'(^^ featured -in the' western "Show- Boat," is lining up a reyue on his own with Joseph Santley reported interested financially in the ven- ture. Hitchcock will cast his show in the main from players that had been marking time for the Chicago "Show Boat." lil Lorraine's Operaton Lillian . Lorraine is at the Wei^t Park Hospital, New York, nicely re- covering fi-oni an operation for ap- pendiciti.s, hurriedly performed Sun- day. , ■ Miss Lorraine diKCOVoro<l her ap- pendix had gone wi\on},' Saturday, while visiting Mrs. Jack Kcarn.K. XTncil l^l^^e^■arn iiVTV^i«TT^ the ru.'ih to tlic hospital and thf knife. Last week Broad^yay's legitimate theatres for the new season's take off, drew the: best grosses siqce spring. Cool weather was the answer. Hits among the new arrivals or potential successes have been so scarce the holdover shows reaped the benefit, A dozen attractions or so chanced a Labor Day matinee and won, the holiday, being cool and cloudy. That gave the week a firm start. This week began with milder tcrhperai,tures but good business con- tinued and for the week-end the Jewish ...New Year will ensure grossest as satisfactory. The premieres of last week in- cluded two Indicated successes in "Big Boy,'' a musical comedy, and "Machinal," novelty drama. The former Wednesday night and five performances the musical got over $26,000 at Hammerstein's, virtual capacity being claimed. It can gross around. $40,000 weekly at the scale ($6.60), which rates it among the leaders. . "Machinal" opened Friday doing well Saturday and Monday night. It Is figured a class draw and should build during the coming month. "PJeavy Traffic" started, with prom- ising trade at the Empire, getting $9,600 in five performances, giving it a weekly rating pace of about $14,000. All thiree shows were ac- cepted as agency buys. The other opening, "The Phantoni Lover" at the 49th Street drew a general pan- ning with no brokers' business in- dicated. Among the new shpw field "The Front Page" Is far the best and is the "hottest ticket in town," as the agencies say. With an extra mat- inee and holiday prices it went to a new high gross mark of $59,000 last week; "Strange Interlude" was next at nearly $16,000 (capacity)-^ "The Bachelor Father" took ac jump to $15,000, which figure was approxi- mated by ^Diamond Lil"; "The Royal Family" jumped 1;o $14,000; "Ringside" for its first full week got $12,000, slightly under the esti- mate; "Gang War" about $10,000; "The Song Writer" claimed $8,000; "Porgy" jumped to $10,000; "Gentle- men of the Press" a little better at $8,000; "Eva the Fifth" improved to over $7,000; "Goin' Home" im- proved a couple of thousand, getting. $7,000, but better figures, are nec- essary; "The Big Pond," a lower floor draw,- about $7,000; others among the new shows straggled downward to $2,00^0 and" less: " 7" Big Money "Scandals," with an extra mat- inee, was rated over $52,000; "Show Boat" still getting big busincfis at $45,000 and better; "Vanities." ca- pacity at $40,000; "Rain or Sliiiic-" jumped to $34,000, and so did. "Three Musketeer.s"; Rosalie" picked up. $31,000; . "Blackhird.s" improved comparatively more than any of the musical.s, the colored revue better- ing $23,500; "Good News" had its best week since early summer, gro.ssing nearly $25,000, a $7,000 jump;. "Connecticut Yankee" like- wise, reaching $19,000 In nino i)er- formancos, too; "Grand Street Fol- lies,." about $10,000, is. leaving soon. ••The Money Lender" was taken off at the -Ambassiidor. last .Su'tur- day, house dark; two other new sliows will stop tiiis week, "Klmei' Gantry" closing at the Playhouse find-. -"< -ara.van". ..storjljj.n.g ■t ,..thr. Klaw: ''Co'ciuettc" will end a ")ori« Walked on Bennett ■ purin.!? ■rehearsals of "Jarno- gan" Hiehard Bennett was en- li^rhteniiig the cast. "From out of the" slums, gen- ius arises,'^ said Bonnolt. "Sarah Bernhardt and Richard Bennett/' ■ One of the girls was leaning, against a piano as she listen- ed. Perceiving this Bennett cried, "Stand erect when Richard Bennett addresses you." The extra . igirl pulled her coat a;round her, offered "So long, Sarah," and walked out. Murder and Suicide of Mrs. Kirk and Pepper I.os Angeles, Sept. 11. . Mrs. Bertha W. Kirk, 45, char acter actress, was shOt to death in front of her'home by Capt. Helacy James Pepper, 54, actor. Latter then turned gun on self and died in stantly. . .•. . It is believed a romance sprang up between pair while doing .screen work. Mrs. Kirk had a husband in the east. Pepper left a wife and married daughter. A NEGRO GRAND OPERA IS NOW Composer Under Handi- caps'—Own Producer— Perhaps Different If— St. Charles Going Film Now Orleans, Sept. 11. . The nationally famed St. Charles theatre will oe operated Jointly by the Saenger and Loew circuits in future and is due to play picture specials during the •winter. Saenger holds a 10-year lease on the theatre taken, over from the Shuberts and Loew is now in on •the lease 50-50. For the past several seasons the Saenger concern tried dramatic stock at . the St. Charles without avail. Tulahe Is once again the only legit house in town. "Big Fight's" Heavy Nut Sends It on Road A payroll of $11,000 weekly for the Belasco-Ha.rris "Big Fight" play with Jack bempsey and his wife is not calculated to permit the show's steady continuance at the Majestic,. New York. The show will, remain there about three, weeks, then start on the road with the hope of achiev- ing $30,000 Weekly grosses in order- that some one besides the Demp-seys may get a piece, if any, of the gravy. Dempsey with Estclle Taylor is reported a $5,000 weekly slice of the b. r., besides a dip into any profit. Early this week It wals reported that Miss Taylor may not be in the cast when , the show opens next week. She is reported upiset over the way tlie Philly critics panned her performance. Although- some- what mollified, her aPPcarance is not certain., although Jack is agreeable , -to playing : regardless. Mi.ss Taylor's playing would have been more effective had she been permitted to be .her.sclf. The sur- prise of the .show Is Dempsey's high sfiueaky voice. "DAGGER" CLOSES "Dagger and. Rose" Taken Off in Atlantic City One Cook "The Great Melting Pot," now In rehearsal, was written, directed and produced by Jean Young, who plays tht feminine lead. run at Maxine Elliott's, wliieh gets ••This Thing Called Lov/' noxl week; "Cro.ss My Heart" will relight the Knickerbocker; "The New MfXin" will relight the Imperial and "The Big Fight" will start things at the Maje.stic. "Tho Dtucger and the Rose" a mii.«ic^'il production aimed for Broadway, was taken off Saturday after trying one week'out. of town. It was' brtju.t^lit hi from Atlantic City with its date in Philadelphia eaTicelled. • Jlorai'O I.,is'e)-ight, who produced "The Da^rger and the Rose,", slated for Krlanger'.s late this month, has iisked I'^juity for pr-rmis.sion for two (idflilional weeks of rehearsal time. It is the rnusieal _version_ of "The I'" fr e iTnimlV'"^i.'^tTf^ known to be in ragged sh.'ipe, the | initial performance taking four | I hours, belay in the arrival of set- ; tings and costumes pu.shed the oi)en- \ j.in.i< baek from Monday to 'i'.iie.«(lay. I j "BilUe" will eome to ICi la tu/r'.^-' in-., j stead. The world's fir.st Negro Grand Opera Co. production premiered at Palm Garden, 306 West 5^2nd street* New York, Monday night. Valdo Lawrence Freenian is behind the presentation. "Voodoo," a three-act jazz grand opera by H. Lawrence Freeman, father of the entrepeneur, is booked in for one week only at the former 52nd Street Playhouse. This curious theatrical abortion is pi-esehted by a cast including William H. Holland, Vjasso; Thomas T; Hall and Valdp Freeman, bari- tones; Carlotta Freeman, Doris Trotman and Ko.sctta Jones, so- pranos; Ray Yates and Joseph Nor- thern, 'tenors; and Marie Woodby, contralto, with an . alternate cast compi-ising Cordelia Paterson, Ro- .setta Jones, Luther Lamontj Blanche Smith, John H. Ecklcs, Leo G. Evans and Harold Bryant. The pro<luction is a crude, make- shift presentation, burying whatever charm the score and libretto hold under an avalanche of mediocrity such as oiie would expect to en' counter in a paupered, struggling organization of pioneering coloired opera singers. Mr. Freeman, the composer, con- ducting his work with considerable earnestness and vigor, frankly ad- mits on the liandbills that "these seven performances are for the ben- efit of H. Lawrence Freeman and to create a fund to promote his works and compositions and to raise to the ; highest standard the Negro in musical art." With this explanation goes the in- formation, as gleaned from his son and the Caucasian public relations counsel, that Freeman at one time was musical conductor for several of Hurtig & Seamen's colored musi- cal shows, and has been latterly conducting a vocal and music studio in Harlem. His studio was the birthplace of Voodoo," the cast being assembled through advertisements from con- temjioraneOus Aframerlcan, sources, ehlofly in ITarlem. Furthermore, the composer is bankrolling his own production. Perhaps If Mr. Freeman sold an Otto H. Kahn tho idea of doing his jaz/^ grand opera fuller justice a happier product might have been the result. As It Is, everything el.se con.'^ldering, the composer merits considerable commendation for his artistic pcrseverence. The printed libretto carries a 1926 annotation of. copyright, evidencing a full two years of waiting for the neces.sary financial succor to evidence It.self. Little wonder, therefore, that Free- man's patience gave out and he sought to make the bent of the sit- uation. Arfd "so,. •wTi'oT-c hli^^liffok"CTIllB for reali.stic cabin . scenes with cotton fields. In perspective, it is highly pardonable that the scenery I.s the crudest of make.«liifts and the back- drops and olios as foreign to cotton fields as the.Palm (larden is to the Metropolitan Opera.House. ."Voodoo," therefore,, even If ;in abortive monstrosity of pra,rid cvera jazzlfjuo, is none the less not with- out. Its'Interesting aspects. Those hardy students of the conteniporai.y theatre in all its manifestatifjns may find sometliing nf interest for them iri this presentation. Scale from $1 to $3 with .lOe In-, tervfils and plenty of empties to choose from. Ahcl.-- I . Anderson's School Revue John Murray Andersnn, producer of I'ubiix units, will take another fling at Ie;,Nt produeiru' shortly, with tin"YiilTmtit"e"reviil'^^^ way's Almanac," Its east will iiii'Iude a nuinbcr of Kradu.'ite.s from tiie. Anderson-Milton dramatic; scIkxiI. ^ . . Aiiilerf;f<rr.s legit venture will be^"*'-* witli Tiermlssion of Pu])llx, to whom lio i.s still under contract-