The New York herald., 1921-05-18
Dillingham; and
ZiegfeId Star in
Mrs. Castles Case
Managers Give Comic Relief to
Dancers Action for $780,
900 Over Miss 1917.

Florenz ziegfeld. Jr. and Charles 3.
forms OF amusement to hungry paiates
at $40 per plate. and Ned Wayburn,
who now and then assists in concocting
tasty dish, turned actors themselves
yesterday in Supreme Court Justice
Platzek's courtroom, furnishing enter
tainrnent gratis in an action by Irene
Castle. dancer. in private life the wife OF
Robert fireman OF Utica. for $4,000, due
her on an allegedly broken contract on
cues by David Podell and Nathan Bur-
kan. attorneys for plaintiff and defend
ant, respectively. the managers and the
stage director wore cut the court attend
ants knuckles so often did the attaches
have to rap for order after the witnesses
replies.
a great deal OF the amusement grew
out OF the disclosed wariness of stage
celebrities to sign contracts with the now
long defunct Century Amusement Cor
poration, which had such men as W. Is.
Vanderbilt and Otto II. Kahn behind 1t.
though they felt perfectly all right II
Garlic" Dillingham; would put MS John
Hancock TO their contracts.
Mr.. Dillingham; told Of explaining the
nature Of the corporation to Mrs. Castle
as she signed a contract to appear IN
Miss 1915" a production which occu-
pied the Century Theatre late in 1917
and which had a short run after succeed
ing the more successful Century Girl"
He and Mr.. ziegfeld. he testified. We're
engaged by the corporation. which, he
said. comprised the same men who were
behind the movement that built the New
Theatre, now the Century, ito try to
MI it up-put shows in there TO keep it
alive
Lew Fields insisted on your personal
signature to his contract" Mr.. Podell
asked Mr.. Dillingham;.
HE didn't get it." the producer said
you yourself had confidence in the
corporation. didn't you?"
They paid me the first year, TOO"
His salary for the Miss 1917" produc-
ton. Mr.. Dillingham; remarked. was to
have been $500 n week. 400 less tnan
Mrs. Castles" According to her com
plaint. the dancer was entitled, with
other considerations, to make her salary
81, 900 a week. She charged a number
OF defendants including Mr.. Zegfeld
and the Century Amusement Corporation.
with having barred her from playing in
! the piece FOR thirty weeks before 1t
finally went to the storehouse. but the
name of Dillingham; alone remained as
defendant when the action finally came
to trial. The burden of the Dillingham;
defence was that the dancer should have
sued the corporation instead of him. He
declared he never has been connected
with a corporation. except the Hippo
drome Corporation, in all his theatrical
| career. He admitted being Interested III
several other ventures at the same time
as Miss 1917" but averred that they
were mot compensatng him" 'They
were my own he explained amid laugh
ter
Mr.. Ziegfeld testified that Mrs. Castle
| had "bolted the show" because q song
she wanted to sing was cut out.
Mr.. Wayburn. who was stage director
| OF Miss 1917" caused a litter when he
proclaimed, II don't allow any one to
I stay away from my rehearsals." after
! swearing positively that Mrs. Castle was
not at rehearsal called for the afternoon
4 after the opening night, for the purpose
of cutting the show in length. and that
4 she did not attend any rehearsals after
the play opened. The stage director told
OF switching numbers about on the pro-
gramme TO give Mrs. Castle a better ad
I vantage, "but she was not satisfied"
Mr. Dillingham's version Of the switch
I ing concluded that something was the
matter with the show and 1t couldn't be
ixed" by switching. His testimony
about Mr.. Vanderbilt and Mr.. Kahn.
coming Immediately thereafter. led JUS
tice Platzek to join the humorlsta with
] the remark THAT didn't make the show
bad. did it," The manager replied that
/ the show was beyond help
Mrs Castle, fashionably showing the
/ tips or her ears and wearing gray Rus
/ sian boots under a woolly gray and
white dolman. declared on the stand that
so far as know, ! was discharged by
! the stage doorInan. Tho doors were shut
| in my face" She contradicted Mr.. Wa
burn. declaring positively she was at the
( second day rehearsal. and rccited that
her song. Fancy You Fancying Me. !"
was taken out because Jack Norworth
wrote the producers that he possessed
I the rights to Il. Her position on the oIl,
I she testified. forced her 70 write Mr. Dill
4 lingham that she cannot stand these
/ late hours much longer" In View OF
movie work she was doing In the morn
! ing. but she backed down on an "ulti-
/ naturn" and continued In tho cast until
| she was barred"