The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-04-21
AL HAYMAN'S MAN WARNED.
THEATER TRUST CONTRACT NOT
PRODUCED IN BELASCO CASE.
walker, by Advice OF Counsel, Ignores
subpoena for Books and Papers-An
Insult, says Judge Fitlgerald--Law
Of secret Partnership Threshed out.


Subpoena for Books and Pnpers-An
Insult, says Judge FitZEerald--LaW
OF secret Partnership ThreShed out,
Robert Walker, Al Haymans secretary,
acting under advice Of counsel, declined
absolutely yesterday TO produce in court,
In connection with the David Belasco suit
against Joseph Brooks and Klaw a Erlanger,
the books contracts and other papers con-
tanning the terms and details OF the finan-
cial arrangements between the members
Of the syndicate that controls the the
atrical situation all over the country.
Supreme Court Justice Fitzgerald re-
marked that Walkers refusal was an in
suit 20 the dignity Of the Court. he said
that II Walker did not produce the books
and papers required by the subpoena served
upon hun severe action would he taken:
alker had previously avaned himself on
a technical protection afforded under the
Code, which gives him five days IN which
to obey the terms Of a subpoena duoSs fecurn.
The subpoena was served on him yesterday
morning, and he appeared In court, put
without any books or papers: Samuel
Untermyer, Belasco's counsel, denounced
Walkers conduct as a subterfuge, In view
OF the fact that on question by the Court
the wit ness replied that under counseis
advice he would not produce the pc fens,
even at the end Of the five days.
Later In the day Walkers counsel, Henry
Thompson. said that there was no inten-
ton to insult the Court or to refuse obedl-
ence to Justice Fitzgerald's mandate, but
that the order was far too broad, as 1t IN.
GUIDED the production Of papers that could
not in any way be construed 40 having
bearing on the present suit.
Justice Fitzgerald replied that that was
q matter for the Court to determine later.
Meanwhile II would be absolutely neces-
sary for the witness to obey the terms OF
the subpoena and produce the books ana
papers, so far as he admitted they we're
In his possession, In court next Nednes-
day, to which date the hearing was ad-
Jouned, or else be prepared to take The
consequences.
Mr.. Untemyer. while disappointed at
not getting the books and at the necessit'
for the adjournment remarked that as
n matter Of fact he was pleased at the re-
luctance Of the syndicate TO produce its
looks as II showed that II was afraid TO
bave light let in on the sub ect OF the imam
ctal arrangements between the members,
The rest Of the day was Consumed by a
legal argument between MIR. Untermyer
and Abe Grliber on the law Of partnerships
Mr.. Grlber took the view that there was a
secret pa tnership known to all parties
the secret partner could not lie called TO
an accounting unless there was something
In the partnership contract to show that
secret partnership existed or that one OF
the paitie to the contract was acting
n erely as an agent.
Mr.. Unternyer held that the secret
partner was 1iaLe in any and all events
Ii his partnership could be proved, and
though he gave no direct expression 10 his
views. Justice Fitzgerald seemed TO be
more impressed by-Air. Untemyer's argu-
ment than by Mr.. GruheI's.
The materiality Of this argument de-
ponds on Belasco's claim that Klaw Il
Erlanger were his real, though secret,
partners in his production Of -The Auc-
tioneer, and that Brooks was merely a
dummy.