New-York tribune., 1905-04-12
THEATRE TRUST COMPACT.
Agreement Is Produced IN BelaScO
Suit" -"Dnmmu" Testifes.

Before the trial of the suits between David Be-
lascO and Klaw Granger was resumed IN the
Supreme Court yesterday. the attention OF Justice
Fitzgerald was called to the action OF Mr. Belasco
after adjournment on Monday when he shook his
fist and declared he would have Mcssrs. Klaw and
Erlanger indicted for criminal conspiracy. Abra-
ham Gruber. counsel for Elaw s. ErIanger ulaG6
light cf the difficulty Sa1aue! U1te-myer. couE-
SCI for Mr. Beiasco, said the Uo.b}c had occurred
outside the courtroom. after court mad adjourned.
Justice Fitzgerald said he would reserve dtcislon
until the trial
The agreement between members CT the theatrical
syndicate for the production q which II Un.Sr-
Inyer made n bitter fight Monday, figured IN the
testimony yesterday. Mr. UnternyeT had copy
Of the agreement of the syndicate signed IN 1876.
When it was renewed in 1907 certain changes were
mace Mr. Kiaw found the old copy in his office
On Monday night. but did not have a copy OF the
new agreement. Mr.. Cruiser said his clients had
assured him that 1t was essentially the same as
the agreement and 1t was admitted IN eVi-
dence.
Mr. Gruber said that under the agreement Klaw
& Granger had received certain drawbacks from
theatres in which they booked The Auct.oaeer
ana which they controlled. Mr.. UHtermyer asked
how much the rebate was, and Mr. Gruoer reQleu
that 1t was $1,000
Mr. Irnternver used the agreement in questioning
Samuel F. Nixon Of Philadelphia, member Of the
syndicate about profts that went TO Klaw & Er-
LANCER for booking Mr.. Wardeld in The Auc-
tioneer'' in Philadelphia. The two lawyers had
S9aI over the QutStiuls, CuhLli8 CSNA SstA~t ~-~~
and Sam until Justice Fitzgerald raped them
to order and said the Of first names was not
dgnifed.
7 have known him since boyhood," said MI
Gruber.
I am bound to admit IT," replied bIr UnteFmyer
The people in court laughed. and were warned
that the room would be cleared il the disturbance
occurred again.
Mr.. Nixon said BeiascO with opposition
syndicate. and Mr. Untermyer read from the con-
tract: mo attraction shall be booked at said
theatres which will insist playing in opposition
theatres" do you recognize that provision OF the
contract?' he asked.
Yes sir said Mr.. Nixon in a weak voice.
Joseph Brooks. who had been referred to as Klaw
& Erlangers dummy in the contract with Mr.
Belasco. testified that he had an agreement with
them to give them part Of the profits Of The Auc-
tioneer." At the time the contract was made
Brooks admitted. he had ONCE with KlaW & Err
no books, and never kept count Of the checks sent
70 KlaW & EFlangeF by BelascO. as his share or
the profits Of THE AuctiOneer." He said he got
statement at the end Of the year but he did not
You don't remember destroying them?
No
win you produce thernT'
'If have them"
Mr.. Cnte4myer got the witness so ratified he con-
tradicted himself time and again He said he had
a compartment in the KlaW & EElanger safe, and
then said he had no key 10 IT,
Why did you give up TO Klaw & Erlanger two
Because I was associated with them IN bust
ness
Just gave it to them
"Yes. because they were good to me"