The sun., 1905-12-20
BELASCO LOSES TWO SUITS.
KLAW & ERLANGER WIN IN DAVE
WAKEFIELD LITIGATION.


May Have an AcoOunting-U Untermyer
Hints Appeal-Decisio Long Awaited.
The suits OF David Belasco against Klaw
4 Erlanger and of Joseph Brooks against
Belasco were decided yesterday by Supreme
Court Justice Fitzgerald, who rules against
Belasco in every particular. They were
tried in April.
Beasco's counsel, Samuel Untermyer,
smiled enigmatically yesterday afternoon
when he learned of the decision, but re-
marked hat he had no ,ubt he would be
able to satisfy the higher courts Of the
truth OF Mr.. Belasco's co iteuLlons.
There were two actio IS at issue. one
brought by Belasco az Inst Klaw d Err
LANCER, II which he asked ,e Court TO deter
him an1 the Erlanger fir n in the proceeds
Of "lhe Auctioneer.' The other, action
No. 2, Wi brought by 10 ',ph Brooks against
Belasco, asking the Co 1T to decide that
Brooks Was Dv.e-Eo's oAly partner in the
Warfleld was under contract with Klaw &
Erlanger. He left them to go with Belasco,
who. according to his own story on the
stand. went to Abraham Erlanger and asked
for route. klaw Erlanger as the book
ing agents of the syndicate OF big managers,
we're in control Of large number Of the
best theatres in the country.
Belasco says that Erlanger refused to
give him a route unless his firm was let
IN as secret partners in the enterprise,
firm. to be put forward as the ostensible
partner Erlanger's version Is that he
never refused Belasoo route and that,
on the contrary, when he learned that
Belasco and Brooks had formed partner
ship, he gave them the best he could.
As the profits we're divided, 1t was undie-
puted that Belasco sent half to Klaw Il
Erlanger, weekly or monthly, but Erlanger
eaid that his firm merely received the money
for Brooks. But the real trouble came
when Belasco discovered, he says, that
Kaw 4 Erlanger, as the syndicate agents,
we're getting secret rebates on the money
that Belasco had to pay for his theatres.
These rebates form large part OF the
syndicate's revenue.
rebates, and on refusal brought his suit,
alleging that Kaw Il Erlanger had entered
Into partnership with him, thus emitting
him to share Of the rebates and demanding
an accounting.
Brooks retaiiated with demand for an
accounting from Beasco of all the receipts
OF the Warfield play. and after much cross
litigation the two suits were brought to
trial together. 1t took Justice Fitzgerald
just eight months, to decide, on which side
written articles of copartnership must be
held binding, and he therefore directs
Judgment for Klaw 4 Erlanger in the first
action and for Brooks in the second.
DISTRICT ATTORNEY TAKES HAND.
Four men who are employed in a conf
dental capacity, by members OF the 30,
called Theatrical Trust were subpoenaed
by the District Attorneys office to appear
In John Doe proceedings yesterday after
noon before Justice Wyatt Of the Court OF
Special Sessions. In answer to the sum-
mons there appeared Meyer W. Livingston,
cashier for Klaw 4 Erlanger; Robert Walter,
in the employ Of Al Hayman; Robert Young,
cashier for Charles Frohman, and Moses
Refs. an employee of Klaw & Erlanger.
The subppnas directed each witness to
bring to the District Attorneys office each
and every check book, voucher, paper,
book of account and writing under the
witnesss control since is9', as may be
required by the District Attorney and his
Investigation.
chambers OF Special Sessions, was begun
after the close of business in the court.
Assistant District Attorney Kresel con-
Quoted it and Henry j. Goldstone repre-
eented the witnesses.
Samuel Untermyer was in the Criminal
Courts Building earlier in the day and was
asked whether he appeared for David
Belasco, who is understood to be the COM
planning witness. Mr.. Untermyer was
on-committal.
Moses Refs was sworn as a witness and
the others were excluded from the room,
the witness being denied the aid OF counsel.
II is understood that Refs when questioned
refused to testify, by advice, OF counsel,
and that after being warned by Justice
Wyatt that his persistence in a refusal
10 testify would render him liable to con-
tempt Of court and imprisonment, Reis
willingly answered all questions put to
him by Mr. Kresel
to-day.
Marc Klaw said last night Of the John
Doe proceedings:
This is only another evidence of the
insane desire of the District Attorneys
Office to get into print and get advertising
at the expense Of any private citizen in this
community. The John Doe proceedings
which MrJerome has taken advantage OF
TO pry into private affairs In a manner
that would be frowned down IN Russia
is one of the most amazing developments
of the twentieth century. Here Is Dis
trict Attorney who on two occasions
has allowed the machinery OF his office to
become partisan in private quarrels We
refer to the Metcalf proceedings, In which,
on a similar issue. the Court OF Appeals
recently had something to say, and to the
Beasco- Brooks-Klaw Erlanger ,oontro-
versy, in which it was openly stated by Mr..
Belasco and his attorney that these pro-
ceedings would be begun.
In the Metcalf matter the District At
torneys office knew, or should have known,
that 50 far as Klaw Il Erlanger were con-
cerned they had absolutely nothing to do
with it and protested against the discussion
Of Mr.. Metcalf in that assembly OF mana.
gers. Mr.. jerome has evidently failed
in the advertising he expected in the Hum
mel trial, and is looking for other means
of exploiting himself. The man who runs
around with the label Of honesty on bot both
lapels Of his coat is always to be suspected.
In the present instance it is only the carrying
out of a threat made by the District At Attor,
neys Office many months ago, when. on the
streets and elsewhere, vile epithets were
hurled at us by him and great promises
made of what he was going to do to us.
Reputable men doing business In the open
have no need to fear such man, and man
who abuses every one % in P,t the S;dns Community fTo
the supreme Court Judge down, christens
himself counterfeit. Before his present
term is over Mr.. Jerome himself may find
his own conduct overhauled and reviewed.
The decision rendered by Judge Fitz-
gerald against Belasco to-day has probably
Something to do with this counter move,
to which the District Attorneys office has
lent itself, simply to distract attention from