New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-12-20
Mr.. BELASC0 LOSES SUIT.
TRUST FIGHT BEGINS.
'.4uc5oaeey Decision Il goinst Han
egeT-Joaa Doe Sabpoea.as.

E9t7--J Oft2t LOO OftOD OCfat4S'
The sun arougnt by David Belasco against
Alax & Erlangsr 10 establish that his partner
ship was with them. end not with Joseph
Brooks, Ia the starring of David Weraeld in
'sThe Auctsoneer,H in 1900 was decided against
Mr. Belasco by Justice Fitzgerald yesterday.
IN April OF this year the trial was begun in
special Term. Part Y of the Supreme Court
and lasted for several weeks. Mrs. Leslie Car
ter was the star witness for Mr.. Beisseo AID
co~rebofated him In much Of his testimony.
The decision handed down by Justice F1tz-
gerald is based on the law Of contracts. OF which
the Justice says:
II IS unouestionahly the law that an agree
rDenf IN writing made by an agent IN ms own
behalf for an undisclosed principal may. upon
discovery. be enforced against the later, 49,
that pa role evidence is competent 10 SStSolsit
who the principal is That IS at the eleetlo ~, 20
the other contracting party; for otnerWlse 'ae
agent may be held liable upon the wfitiig'
one Ct Mr.. Belasco's counsel said: Under the
decision nothing but question Of law is IN
volved An appeal viii be promptly taken; ILle
decision win in no way affect the criminal pro
caedings that are being begun against the lhco-
ire trlst for conspiracy. -
..John Doe" proceedings We're begun before
Justice Wyatt in the Court of Speclal sesslons
yesterday in Whist is believed 10 oe D Hiose
serious attempt to DESTROY the so-caaleo theatte
trust The action was prosecuted IN the ha1ile
o. The people by Assistant District Attorney
It-asei assisted by Samuel UnterTnyer, repre-
Sentinr David Belasco. Harrison Grey F1ske'
e mes S MetcaIf. Of Life and others wiz Wiz
have formed an organization TO hgh' 'Ne
trust -,
hers OF the theatrical syndicate. ana ne an
nourced before the proceedings that ne Will
advise all his clients not TO answer any eo
tions or to produce any of the books caIlea loI,
The following witnesses responded 10 SUI
1oenas. Meyer ". Livingston cashier for ki an
& Erianger; Moses Refs. booking agent loi ti ~.
ss-uSieatF. Robert Walker. bookkeeper Tor Al
HayInan and Robert Young, cashier Tor ChaileS
T7rol7r4a71 Mr. Refs was the only witness called
After he had refused to answer several questions
Justice Wyatt ordered the room cleared OF an
the witnesses except Refs. and barred counsel as
well Justice Wyatt then told the witness What
was in store for him if he refused 10 answer
and nnally Refs decided TO answer every ques-
ton.
David BeIasco last night gave out the follow
sng statement regarding the verdict:
This is only the beginning of the fight am
advised that the decision is wrong ana can
easily be reversed. The merits of the case were
not touched upon by the court The DECISION
is in effect that because the agreeIne4t VIII wiz
Brooks the dummy. was IN writing, coulu
not be allowed to show that Klaw & Granger
were the real parties in interest, a1thongh II
Was rroved beyond a question that they took
syo-taiTds of the profits I am told that the
appeal can he heard next February Ihls pi9-
-eeding is after all mere lnsignlncant sue
issue Il viii have no effect Whatever IN the
criminal proceedings against the trust lot con-
spiracy which began to-day, and which shaA
push to the very end
consider that have gained moral victory
sad that this action. which really involved no
money consideration, is only q means 10 an emu.
inasuafch as it brought out q great deal OF
zsluable material / was hunting for-the very
material with which TO prosecute the criminal
action which started to-day and which is being
rushed by District Attorney Jerome am not
surprised at the verdict, and only regret that
Justice Fitzerald should have caused me- 10 lose
valuable time by delaying his decision so long
assure you that my fight is just beginning.
Mr. Marc Klaw said last night, speaking OF
The John Doe proceedings:
This is only another evidence Of the insane
desire of the District Attorneys office TO ger
into print and get advertising at the expense
Of any private citizen in this community The
John Doe proceedings which Mr.. jerome mas
taken advantage Of 10 pTy into private aIIalrS
in manner that would BE frowned down IN
Russia, is one of the most amazing deVelop
rnents of the twentieth century. Here Is
District Attorney. who on two occasions mas
allowed the machinery of his once 10 become
partisan in private Quarrels- We refer 20 the
Metcalfe proceedings, in which on similar
issue the Court of Appeals recently had some
i thing 10 say, and 10 the Belasco- Brooks-Klaw
z & ErIanger controversy. in which 1t was openly
stated By Mr.. Belasco and his attorney that
these proceedings would be begun. In the Met
cafe matter the District Attorneys Office knew
or should have known, that, so far as hlaw Y
Erlanger were concerned. they had absolutely
nothing 10 Go with it. and protested against
the discussion Of Mr. Metcalfe IN that assembly
OF managers. Dir. jerome has evidently failed
I'm the advertising ne expected IN the Huumel
trial and is looking for other means OF exploit
ing himself.
The man who runs around with the label Of
honesty on both lapels Of his coat is always 10
he suspected. IN the present Instance II is only
the carrying out of a threat made by the District
Attorneys 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 sucn
4 man, and man who abuses everyone IN the
community who happens not TO Go his oldolhs'
from the Supreme Court judges down, christens
himself a counterfeit. Before his present term
SIS over Mr. Jerome himself may ind his own
conduct overhauled and reviewed
The decision rendered by Judge Fitzgerald
against Belasco to-day has probably something
10 do with this counter-Tnove TO which the Dis
frjct Attorneys office has lent itself, simply to
distract attention from the humiliatng ana con-
teInptibIe position in which this decision mas
placed BelaSco.