The Bridgeport evening farmer., 1913-12-10
.PRELAN SUES FOR LOSS ON MOVIES OF.
 MISS EvERYWOMAN
Advertising Man Claims Films of Bridgeport Have Been
 Withheld From Him.
Echo of Industrial Exposition of U. C. T. Last Winter
 in City Court Suit.

1.-The Great > Divide That Failed might be suitable title for the story unfolded in the law suit tried 1n the Bridgeport city court late yesterday E when the action of Charles A. Phelan, an advertising man and officer of the Publicity club, against the Town 6S Cities Films O., was heard before Judge Thomas c: Coughlin.
 Phelan claims $500 damages for the refusal of the company to turn over to him a copy of the films used in the Bridgeport Industrial exposition last winter-the story of Miss Everyw orn- ans quest through Bridgeport,s stores and factories for her long lost sis ter. He alleges that the company promised to turn over the copy and that by reason of it's refusal to do so he has suffered financial loss through being unable to display the films in schools, moving picture theaters, halls and the like.
 Conspicuous among the witnesses was Miss Leila Battdorf, the charming moving picture actress who heads the film. company. She maintains that Phelan has no claim on her company.
 Phelan alleges that last February he secured a contract with the Com mercia1 Travellers, who held the ir-. dustria1 exposition5 by which he was to have exclusive right to show mo- ton pictures at the armory. He turn ed this over to the film company, he says, for $5, and for the promise of a copy of the film.
 Miss Battdorf's company, through it's counsel, Attorney B. r. Bucking- ham, set up a defense that Phelan had acted as an ennpIoye, soliciting business in the way of advertising from the firms exploited in the nov ies of Miss Everywoman's quest, and that as an employe he conducted the negotiations for the display of the pictcres at the armory; further, that the promise of copy of a film was made not to Phelan but to the Pub icfty club, of which he is an officer, and that this copy is now in Attorney Buckingham's possession to be given to the Publicity club for free exhibi- ton, when an accredited representa- tive of the club claims the same.
 In the testimony it was intimated that the partition of the profits from the movies was to go several ways. but they stuck to the coffers of the Town & Cities Film Co.,, after the ad- vertising men got their money for so-, Gciting business.
 Before Judge Coughin in the city court, civil side, late yesterday, the case was tried. Abe s. GeduI6ig} ap- peared for Phelan- The testimony was yollnlino1s.. ,-
 Darkness fell and the court room temperature fell to the freezing point before the witnesses were through with JI1elr StOr1eS.
 The actual vafu1e of the reels as a. business proposition was a mooted point. Morris Iustig, former motion picture i1npresario, was called as an expert, by Gedu1dig, Phelan's counsel. ;
 He thought the films were good, he said, and worth a lot of money
 Buckingham asked him how long he had been in teh moving picture busi- ness.
 Seven months" said he
 s'How much does a film cost?" asked Buckingham.
 Witness didn't know.
 MT. Lustig got out of the Lenox. which he ran in John street, some time ago.
 A former cashier at the Lenox was called Sht testified that there was a deal between the Town 6 Cities: Film Co. and the theatre by which the the atre was to pay the finn people 90 per cent of any excess over the average receipts Of $25 per day, when the film was shown there. :
 .sHow much did you turn over to the con1pany?'' she was asked
 ''We didn't turn over anything. We didn't take in $25 a day"
 Judge Coughlin reserved decision T.