The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-04-27
THEGTER CONTRACTS HIDDEN.
TRUSTS SECRET PROFITS FROM
1.-THE AUCTIONEER" ELUSIVE.


BelaaoO's Suit Against TTwt-Beoks
IN Court Tell ntus-PFSAts shAFee
BY PRESENTATIONS Feek'S BarninEa.
The trial OF the suit and countSrsuit BE-
tween David Belasco and the theatrical
trust, represented by joseph Brooks, over
the profits Of David Warheld's starring
sour In The AuotioneeT,' came 10 an end
yesterday. Justice Fitzgerald reserved de-
oision, irving counsel two weeks In which
to submit briefs.
Robert Walker, Al Haymans confidential
man, who keeps the syndicate books, and
who, under advice OF counsel, refused last
week to produce them though subpunaed 70
do 90, appeared In court yesterday with all Of
them, and was put on the stand by Mr.. Inter
myer. The books showed the profits ac-
cruinE TO the syndicate from the various
theaters which II controls, but Mr.. Inter
myers examination Was at hrHt confined
10 the items relating TO The Auctioneer.'
Walker said that he couldn't give In detail
the profits derived by the syndicate from
the warheh show.
In reply TO questions concerning theatSrs
where Warheld had played, Walker said that
the books showed that the frat woke 10
ceipts a. the Harlem Opera House amounted
10 OtO,s2p OF this, BelAsoo and Brooks
(who turned his share, all but third, over
TO KlaW 4 Erlangerl got % per cent. each,
and "a $40 net profits went to the opera
house. after allowing 500 for rent to the
tbeater. Walker could not tell Just how
much Of this - so went TO the syndicate.
Under the syndicate agreement, Klaw 4
ETlangSr get IS i-S per cent. Of ell syndicate
profits.
Turning TO the later entries. Mr.. Inter
myeT got the witness TO admit that the
syndicate's profits out Of the Harlem Opera
House for the season Of lo07 amounted TO
81. o7i. Walker said further that the syn
dicate had profted 10 the extent OF SAL
500 for the came season from the sixty odd
thsater which KlaW 4 Erlangsr control.
What proportion did KlaW 4 EriangsT
get OF that amount Mr.. Untermyer askAd.
sOne hundred and twenty-seven thou
sand FIVE hundred donars," was the
'But I thought they got only one third
Of the profits, Continued the lawyer. -.
Wei, that's what they GOT replied
Walker, giving up the attempt to make
Mr. Untefmyer explained sfterward that
this sum In no way represented the total
yearly profits Of the syndicate, but merely
the profits from the theateTs KlaW 4 Rr-
LANCER controlled individually. There is a
large number Of other theaters which are
either controlled by the syndicate az such
or are owned outright by Il or its individual
members. Tho to tai profits. Mr.. Untermyer
thought, would vastly exceed the figures
gwen by Walker.
Finding II impossible 10 discover from
the books the amounts Of the syndicate's
or KlAW a Changers secret profits from the
'Auct ioDeer' product ion, Mr.. Untemyer
called on Walker for the production Of the
individual cont racts made by the syndicate
with the various theaters at which Warisld
played. Walker said he knew nothing Of
them, that they mil=. be in charge Of either
Al HaymAn or biz brother, Alfred Hayman.
Mr.. Untermyer then called Alfred Hay
man, who had been subp1naed. He has
practical charge Of his brothers atfairs,
Al being at present in Europe.
Alfred Hayman test lied that he had not
the contracts and that he knew nothing
Of them. He could not even give an idea
OF their number or contents.
Walker was then recalled, and he declared
that be had not seen the various cont
in years.
and make the correct percentage charges
under the terms Of these contractsf mr.
Unternyer asked.
4 follow Mr. Hayman's directions ~ to
but when he lie traveling''
Then follow the entries in preyious
books
Walker was excused, and Mr. Untermyer
made a renewed demand on Col. Gruber,
counsel for KlaW A Granger, for the pro-
duction Of tho theater contracts. Mr..
Gruber refused 10 produce them.
Marc KlaV was recalled. and be also
denied any knowledge Of the contents or
whereabouts OF the cont racts. Mr.. Inter
myer then rested.
Mr.. druber made a couple Of motions 70
dismissthe Belasco suit and 10 81 rike out the
test tmony Of Belasco and his manager,
Roeder. These were denied, and Mr..
GrubeT declared his case closed.