The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-04-15
PROFITS TO KLAW & ERLGNGER
SLICE FROM 1.-THE AUCTIONEERT
GIVEN TO BROOKS YEARLY.


Irene Untermyer, we're In Justice Fire
gerald's crowded courtroom yesterday,
listening all day 10 Samuel Untermyer's
eross-examination Of the witnesses put on
the stand In behalf OF Joseph Brooks and
Klaw 4 Granger, the head firm in the theat-
real syndicate whom David Belasoo IL
suing for an accounting Of tho profits Of
The Auotioneer,' In which be first starred
David Varied. Mr.. Untermyer's wife
and daughter seemed deeply Interested.
Tho legal comedy was a source Of much
meuiment 10 them, especially TO Mas
Untemyer.
Warfeld was there too, and during the
day he flushed a. be heard read letter sent
him IN 1895 by Klaw Erlanger, for whom
be was then starring. In II he was told
that his petty complaints about dressing
rooms and the like would not be tolerated
svon from a prima donna. In the same
letter VARIED was advised that II be cared
to break his contract he could do 80, but that
Il would mean a notice for life The the
atricsl syndicate had been formed four
months before the letter was written.
Myer W. Livingston, auditor for Blaw
a Erlanger, was the first witness OF the day.
He brought 10 court several account books.
On his examination by Col. Gruber he testi-
field that h. vas also treasurer Of the firm,
and had managed the affairs Of Brooks who
had an Office in Klaw & Changers rooms
without any compensation.
Mr. Untermyer devoted an hour or more
70 crosse xamining the witness about bis
recollection Of having posted &c rtain letters
IN which statements Of the moneys cue
Brooks by Belasco for his haB share Of the
profits were enclosed. Mr.. Untermyer
tried hard 10 have excluded from evidence
the Khw 4 Eranger letter book, but only
succeeded in keeping out copies Of certain
pages which Mr.. GrubeT sought to have
admitted 1t was shown that these copies
were not entirely accurate, and Mr.. Inter
myer characte rzed the attempt TO put
them In evidence as "a barefaced ate mPt
70 swear in papers which would not bal
comparison
When it came 10 examining the firms
ledgers Mr. Unte rmyeT was anxious that
the entire account Of Brooks with Klaw a
Eranger should be admitted, but Justice
fitzgerald confined him 10 the items relat-
ing 20 The Auctioneer.- Mr.. Gruber
sho we'd q desperate determine ton to keep
any other part Of the account out Of the
ecord He even wanted 20 pre- vent Mr..
untermyer from seeing any other items
and instructed Livingston 20 conceal them
by covering the m with blotter Justice
Titzge raid refused to let the witness do this.
and once when Liyin gston tried to cover
up the ledger pa ges with a newspapeT the
Judge pulled the paper away nngrily and
told LAvln gston not TO do Il again. Mr..
Unite myer rema Tked:
Gould / only have put all these books
IN evidence could prove our case by them.
] would show up here the most extTaor di-
nary system of bookkee pin z ever seen and
-, mi, H.
figures. done ate 7 this action was be gun
snd M order 10 conceal the true ne htions Of
klaw Erlanger 10 Brooks and to this
case
Justice Fitzgerald directed this remark
70 be stricken from the record.
DIR, LntermyeT's partial examination Of
the books disclosed that when Klaw a
Elanger received monthly checks, running
up into thousands Of dollars, they did not
credit them 10 Brooks's account, but 10
their own. IL was only once a year that
they struck balance FOR Brooks and then
they allowed him mis- sixth part Of tho
-Auctioneer' profile. Erlangcr has testi-
fed that Brooks gave his firm tWo-thirds
OF bis alleged half profits out Of friendship,
and not on any partnership principle.
When the entries Of credits 10 Brooks
were examined Mr.. Untermyer pointed
out that in all the ledger that account was
the only one on a page containing four
accounts, the pages being regularly ruled
for three accounts. Mr.. Untermyer sought
10 draw the deduction that this account was
interpolated IN order 20 make a showing in
court
Abraham L. ErlanRer was recalled and
asked whether lie remembered writing to
Warteld the letter mentioned above. In il
II was declared that no matter how great
en- attraction Narfeld might be rs a star
hlaw 4 Granger would not permit him TO
give them the slightest annoyance by COM
plants concerning either his personal
snairs or the neglect Of the newspapers 10
boom him.
Erianger said that the letter from War
held which had called out this warm reply
had been destroyed. Later he Acknowledged
that be did not know whether it had or
not and merely thought it had been.
Don't you realize that you are swearing
Teeklesslyf' Mr. Cntermyer asked.
Tn not; Simply, don't want to belittle
Warheld.
Il can see that you don't. replied Inter
myer. smiling and pointing 20 the Erlanger
In 1900 you told Belasco that YOU didn't
believe Ia Varied when he asked YOU
- help him star the aotor''
Il did
But in 1896 YOU believed In him enough
% star him yourself, eh?'
L did, said Erl6nger but in 1900 /
thought him dangerous proposition, a
-oh, and you still thought that, I SUD
pose, When You found that he resisted all
your efforts 70 get him away from BelascoPT
THAT Is an absolute falsehood never
tried TO get him away and its a lie to say
60, retorted Erlanger. holly. You are
trying, 70 rufie my temper, Hr Inter
nlyer, but you won't succeed
Harry A. Lee. who works in Klaw A
Erlanger's Office; Thomas johnson, the
frm's colored doorkeerer, and Edwsrd o.
Cordner, ETlanger's private secretary. al
testified that they had never seen Belasco
n ErlangeT's private Office. johnson said
that the only time Belasco had called he
had seen Erlanger IN BTooks's Office. Az
MI. UhteTmyer cToss-eynminod these
witnesses tbs crowd ia the court room
laughed aloud al the contradictions in their
evidence and at their remembrance OF
things that had happened four or five
years ago and forgetfulness Of things that
bad happened within few weeks
johnson could not remember signing
an AFFIDAVIT IN the suit though Il vas shown
70 him with his signature attached. In
that Rfadavit he denied having seen Belasoo
IN the Granger offices az all.
The trial goes on Monday
NOVEL CANT4TAS SIM