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* T A Y L O R O L O G Y *
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* A Continuing Exploration of the Life and Death of William Desmond Taylor *
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* *
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* Issue 82 -- October 1999 Editor: Bruce Long bruce@asu.edu *
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* TAYLOROLOGY may be freely distributed *
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CONTENTS OF THIS ISSUE:
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Mabel Normand in "Photoplayers Weekly"
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Fragments from Official 1922 Statements: Fellows, Dumas, Maigne
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The Federal Trade Commission vs. Famous Players-Lasky
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Rudolph Valentino characterizes Charles Eyton
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Affidavit filed by Charles Eyton regarding Rudolph Valentino
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What is TAYLOROLOGY?
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TAYLOROLOGY is a newsletter focusing on the life and death of William Desmond
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Taylor, a top Paramount film director in early Hollywood who was shot to
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death on February 1, 1922. His unsolved murder was one of Hollywood's major
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scandals. This newsletter will deal with: (a) The facts of Taylor's life;
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(b) The facts and rumors of Taylor's murder; (c) The impact of the Taylor
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murder on Hollywood and the nation; (d) Taylor's associates and the Hollywood
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silent film industry in which Taylor worked. Primary emphasis will be given
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toward reprinting, referencing and analyzing source material, and sifting it
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for accuracy.
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Mabel Normand in "Photoplayers Weekly"
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Reprinted below is a selection of items pertaining to Mabel Normand
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which were originally published in PHOTOPLAYERS WEEKLY during 1915-16. In
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some of the items, it appears that the Keystone press agent had a very active
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imagination.
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* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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April 9, 1915
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PHOTOPLAYERS WEEKLY
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Mabel Normand, "Queen of the Movies," left last Saturday for San
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Francisco, where she will play the leading role in several Keystone pictures.
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With Miss Normand were Adam Kessel, Jr., President of the Keystone Film
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Company and the following members of the company which will support Miss
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Normand in the releases made in the Exposition City: Roscoe Arbuckle, Alice
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Davenport, Joe Bordeau, Glen Cavender, Billy Gilbert, Eddie Kennedy and James
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Leslie. Mr. Kessel returned to Los Angeles on Monday.
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* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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April 23, 1915
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PHOTOPLAYERS WEEKLY
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Now that Mabel Normand, Keystone comedy star, has returned from San
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Francisco, Mack Sennett, managing director of all the Keystone companies,
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will resume work on the six reel feature that is nearing completion. Mr.
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Sennett himself is playing an important part in the film, together with Miss
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Normand, Ford Sterling, Owen Moore and other prominent actors. More
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elaborate scenery and costumes are being used in this multiple-reel than have
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ever been seen in any one comedy that has ever been made by any company and,
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notwithstanding the unprecedented success of the first six reel Keystone,
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"Tillie's Punctured Romance," there is every indication that the new release
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will be a superior product both artistically and financially.
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* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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April 30, 1915
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PHOTOPLAYERS WEEKLY
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Miss Mabel Normand, "Queen of the Movies," was greatly annoyed a few
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days ago by a "nut" who followed her to her home and later to the Keystone
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studio. He informed the gardener at her home that he was the "King of the
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Movies," but being no respector of any royalty other than his employer, he
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chased the "King" into the street. The self-made "King" waited until Miss
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Normand left her home to go to the studio and followed her, attempting to
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enter when she did. He was promptly seized by the gateman and placed under
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arrest.
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* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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May 14, 1915
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PHOTOPLAYERS WEEKLY
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Mabel's Mail
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Mabel Normand, Keystone star comedienne, has a secretary to care for her
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correspondence which has long since overflowed all possibility of personal
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attention. Last month she received a total of seven hundred and twenty-six
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letters from all parts of the world. Many contain requests for photographs;
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others seek advice about sisters or daughters entering the moving picture
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profession and some are freak letters on all manner of subjects. Much of the
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accumulation is handed to Miss Normand who dictates the replies. Some of the
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letters, such as requests for photographs are handled by the ordinary
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routine.
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Last month one letter was received from a wealthy but eccentric lady
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residing in South Carolina who expressed her desire to adopt Miss Normand.
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In part the letter follows:
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"One of my amusements in this little Southern town is visiting the
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moving picture theatre. I thought it was a very sinful sort of pleasure for
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several years until I was induced to make a visit with a friend, but I have
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found that it is really innocent of evil consequences. I have seen you in
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many pictures and am full of sympathy for the rough treatment that you
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receive in some of them. How much better it would be if you could live in a
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quiet, restful place such as this?"
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Mabel replied, thanking the dear old lady for her sincere kindness but
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assuring her that rest and quiet were as foreign to her nature as the Swanee
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River is to icebergs.
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* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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June 24, 1915
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PHOTOPLAYERS WEEKLY
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Mabel Normand has engaged a cottage at Venice and spends much time
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there. Her town house is not closed for the summer, however, as she motors
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from beach to city and back daily.
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* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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June 24, 1915
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PHOTOPLAYERS WEEKLY
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...Mabel Normand recently paid $45 for hospital service when her blue-
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ribbon cat became ill. After the cat was discharged as cured it was brought
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home and died the following day. Henceforth Miss Normand will purchase
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nothing but stuffed cats.
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* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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June 24, 1915
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PHOTOPLAYERS WEEKLY
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The huge concrete tank which serves as an artificial lake in the making
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of Keystone comedies, is a popular spot during the warm summer days. As soon
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as the light begins to go in the afternoon the greater portion of the
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Keystoners don bathing suits, and as much rivalry exists among the many
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expert swimmers, the impromptu competitions are of interest to the crowd that
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surrounds the tank. Mabel Normand leads in swimming skill and is really a
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wonderful mistress of aquatic sports. She excels in high diving, long and
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short distance swimming and duration under water.
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One day last week Fred Fishback, a powerful young man who acts as
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assistant director for Walter Wright, was stunned by contact with the side of
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the tank through a misjudged dive. Although an excellent swimmer, he was
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rendered temporarily helpless and would have been in great danger of drowning
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had not Miss Normand plunged in and rescued him.
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* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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July 8, 1915
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PHOTOPLAYERS WEEKLY
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No medals have ever been pinned on Raymond Hitchcock's manly breast for
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proficiency in equestrian sports, but since he became a member of Mack
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Sennett's Keystone comedy forces he has not refused to take a chance at
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anything that has been suggested when the value of a picture has been at
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stake. So when he was requested to ride an emotional horse in the high with
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no emergency brake, he bravely mounted and exhibited all the nonchalance of
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old Colonel Cody himself. But the horse knew the difference, and, taking the
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bit in his teeth, he set out to shatter a few records. "Hitchy" did a Todd
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Sloan crouch and he and his mount disappeared in a cloud of dust.
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Miss Mabel Normand, who rides as if she had been born in the saddle, saw
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the getaway and leaped onto her mount, following in the wake of the runaway.
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After a half mile chase, she caught up and grasped "Hitchy's" bridle, pulling
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up his steed and rescuing a panting star from what might have been a serious
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fall. After changing horses Mr. Hitchcock resumed the scene and all was
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well. The picture, one of Mr. Sennett's latest two reel features, will soon
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be released.
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* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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July 8, 1915
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PHOTOPLAYERS WEEKLY
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Mabel Normand, featured Keystone star, owns a summer home in Bear
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Valley, and one of the greatest delights of her life is to take parties of
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friends on weekend parties. This summer, however, the important parts she is
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playing in two reel features make it impossible to get away from the studio
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long enough to make the trip up into the hills, so Miss Normand has engaged a
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cottage at Santa Monica and motors to and from the beach daily. Merry
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gatherings at this seaside residence take the place of the hunting and
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fishing trips that had been planned for the Bear Valley visits but the "Queen
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of the Movies" contemplates enjoying a week or two at her mountain home later
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in the season.
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* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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July 22, 1915
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PHOTOPLAYERS WEEKLY
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Mabel Normand, featured star with the Keystone Film Company, had three
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whole days vacation and she took advantage of her rest. Last winter Miss
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Normand purchased a sixty-foot yacht and hat it thoroughly overhauled and
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refurnished throughout. When it was completed it was a thing of beauty--but
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since the rainy season the "Queen of the Movies" has been too busy helping
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Mack Sennett take advantage of the sunny weather in making of Keystone two-
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reel features to find time for yachting. When the three-day vacation came
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along Mabel stocked up the craft and took a party of friends to Catalina,
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cruising around the island and enjoying the breezes, fishing and quiet of the
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Pacific in its most pacific condition.
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* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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July 29, 1915
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PHOTOPLAYERS WEEKLY
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Mabel Normand killed a five foot rattler last week. As she was motoring
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through a canyon south of Los Angeles she caught sight of some flowers and
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stepped from her car to pick them. While walking through a clump of sage
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brush she heard the ominous sound of a rattler and jumped to one side just in
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time to escape its strike. Seizing a stick which lay nearby she struck at
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the reptile and quite by accident she admits, caught it fairly on the head,
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stunning it. Picking up a heavy stone she crushed its head. In order to
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prove her story was not of the fish variety she threw the snake into her car
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and brought it to the studio.
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* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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July 29, 1915
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PHOTOPLAYERS WEEKLY
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Mack Sennett, managing director of the Keystone Film company, took a
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group of Keystone players to San Francisco to attend the ball which marked
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the closing of the Exhibitors' Convention last week. With Mr. Sennett were
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Mabel Normand, Fred Mace, Owen Moore, Charlie Murray and others. The party
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remained in San Francisco three days, visiting the Fair and returning on
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Tuesday, July 20th, with the exception of Mr. Sennett, who went to Denver and
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up into the San Juan country of Colorado, where he will spend a short
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vacation in the mountains, fishing and resting before returning to Los
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Angeles a week later.
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* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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July 29, 1915
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PHOTOPLAYERS WEEKLY
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Mabel Normand Routs Burglar
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Mabel Normand, Keystone star, put a burglar to rout in an unrehearsed
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comedy scene at the Keystone studio one afternoon last week. It was late and
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nearly everyone had left for home. Miss Normand motored to the studio from
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her cottage at the beach, having forgotten a suitcase which she had left in
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her dressing room. A daylight burglar had walked through the studio entrance
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while the watchman was not looking and had gone up to the second tier of
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dressing rooms. When Miss Normand arrived she entered her room and found the
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roughly clad man bending over her trunk. Thinking him to be the janitor she
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was not frightened while the intruder immediately became panic stricken. As
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he backed out of the room Miss Normand picked up a heavy medicine ball which
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was lying in her room, and flung it at the man, striking him on the chest.
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"Take that old thing out and put it in the property room," she exclaimed.
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"It's too hot to exercise except at the beach." The man was taken by
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surprise--the force of the ball overbalanced him and he fell over the railing
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on the balcony and to the floor below. Before Miss Normand could rush to his
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aid he had picked himself up and the last seen of him he was running toward
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the hills at top speed.
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* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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August 5, 1915
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PHOTOPLAYERS WEEKLY
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Mack Sennett, Fred Mace, Mabel Normand, Raymond Hitchcock and others
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have been working at the beaches during the past hot week. It is strange how
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readily a director may switch his story so that the beach scenes are
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absolutely indispensable when the weather gets too hot to be comfortable at
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the studio.
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* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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August 5, 1915
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PHOTOPLAYERS WEEKLY
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Mabel Normand, Keystone star, took exception to the statement of a Los
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Angeles "reformer" to the effect that no girl can work in motion pictures and
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retain her respectability. She wrote an article in reply which was
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immediately purchased by a national newspaper syndicate and it will be widely
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published at once.
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* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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August 19, 1915
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PHOTOPLAYERS WEEKLY
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Mabel Normand, the favorite Keystone star, has written a song which will
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be published in the near future. Miss Normand is an accomplished musician
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and frequently entertains her friends with her vocal and instrumental
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accomplishments, but this is her first attempt at really publishing a song.
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She sang the ditty to her own piano accompaniment while Harry Williams and
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Jean Schwartz were present at her home one night this week and they enthused
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over the beauty of the thing, have urged her to take immediate action toward
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having it published.
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* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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August 26, 1915
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PHOTOPLAYERS WEEKLY
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Mabel Normand, star of the Keystone Film company, got word one day
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recently that one of the seven Foy children was celebrating a birthday at the
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Foy bungalow down at Santa Monica. Mr. Foy was out with his director and
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supporting company working on a scene which was being made several miles from
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Los Angeles. Mabel was anxious to send a birthday present to the Foylet in
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question but not knowing whether it was one of the boys or one of the girls
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she was unable to decide on anything appropriate. So she called her car,
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drove to town and bought a gift for each of the seven and had her chauffeur
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hasten to the Foy party and deliver the goods. "I'm glad I never worked in
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the same company with Brigham Young," was Miss Normand's conclusion.
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* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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September 4, 1915
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PHOTOPLAYERS WEEKLY
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Octopus Seizes Mabel Normand
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In making My Valet, Mack Sennett wrote in some scenes in which Mabel
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Normand and Fred Mace have a struggle in the surf. The scenes were taken at
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the beach at Santa Monica, where the surf is high at full tide and Mabel,
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being an excellent swimmer, did some astonishing work in the swirling waters.
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In one scene she is tied to a rock and the waves dash over her, completely
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submerging her at times. In this scene Miss Normand struggled frantically
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and Sennett and the other members of the company applauded her for her
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cleverness. When the scenes were over the struggles and cries of Miss
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Normand continued and Sennett swam out to where she was tied. Immediately he
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called for help and a half dozen men swam to him. It was found that a middle-
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sized devil fish had hold of Miss Normand's ankles and she had been held
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throughout the scene by the monster. She was released after a fight with the
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fish and it was soon killed. Miss Normand was almost hysterical for a few
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minutes but soon recovered her nerve and continued work. To those who see My
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Valet, it will be interesting to know that in the scene in which she is tied
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to the rock the sea terror has a firm hold on her feet and ankles.
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* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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September 25, 1915
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PHOTOPLAYERS WEEKLY
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Mabel Normand Held Up
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Mabel Normand, Keystone star, was the victim of footpads one night last
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week. Returning from the home of a friend located a block and a half from
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her own residence, Miss Normand refused to depend upon an escort and, merrily
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bidding her hostess and other friends goodnight, started homeward. She had
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not gone more than a block when a masked man stepped out from behind a tree
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and commanded her to put her hands up. "I never obeyed an order quicker in
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my life," said Miss Normand the next day in telling of her experience, "and I
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kept them up until the brut was convinced I had really left my purse at home
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and then I kept them up until I reached home. For once in my life I was
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scared out of my wits." The would-be thief escaped.
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* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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October 16, 1915
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PHOTOPLAYERS WEEKLY
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While Miss Mabel Normand, Keystone Film Company star, is still confined
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to her home as a result of the nearly fatal injuries which recently resulted
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from an accident at the studios, she is out of danger and well on the road to
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complete recovery. During her illness bulletins were read in cafes, theaters
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and other public places not only in Los Angeles, but in many other parts of
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the country. Miss Normand has probably made more people laugh than any other
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screen comedienne and the millions who have admired her beauty and
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* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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October 16, 1915
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PHOTOPLAYERS WEEKLY
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Mabel Normand has completely recovered from her recent serious illness
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and has gone to San Francisco, where she will spend several weeks taking a
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complete rest visiting the Exposition. Miss Normand was in San Francisco with
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Roscoe Arbuckle and a company early in the year, and while there made a number
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of comedies, but was unable to spend much time at the Exposition. She is now
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taking advantage of the opportunity, and as soon as she has sufficiently
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rested, will return to Los Angeles.
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* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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November 20, 1915
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PHOTOPLAYERS WEEKLY
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Appearing in her first picture since the accident which nearly resulted
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in her death some weeks ago, Mabel Normand, the Keystone star, was injured
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Wednesday when a runaway monoplane got beyond control of its amateur driver,
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comedian Chester Conklin. The movie queen was dragged along the rough ground
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for nearly 100 yards. She was given immediate medical attention and rushed to
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her home, where she is reported as recuperating rapidly.
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Conklin was in the driver's seat and before he could extricate himself
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was severely burned on the legs and arms by gasoline which caught fire from
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the hot motor.
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The machine, completely demolished, was a military monoplane and was
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being used in the filming of a comedy. Conklin was instructed to cut off the
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power after he had rolled a short distance down the field. Becoming confused,
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he opened the throttle and the increase in power caused the machine to shoot
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into the air.
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* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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March 11, 1916
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PHOTOPLAYERS WEEKLY
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Although Miss Mabel Normand has been away from her friends and
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associates of many years making comedies in the snow and ice in the east, her
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Keystone friends at the Edendale studio receive an almost daily letter from
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the popular leading woman. Miss Normand writes the east is wonderful. She
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says she has been fascinated by Broadway, but in between the lines the
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letters all sound as if the young woman would not be sorry when the director
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general, Mack Sennett, issued orders for Miss Normand to bring her company
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back to California.
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Roscoe Arbuckle is directing Miss Normand while she is in the east, but
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is due to leave for the west with his company in about a month. On the way
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home they will stop and make comedies at nearly every important city.
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* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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April 22, 1916
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PHOTOPLAYERS WEEKLY
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Mabel Normand, erstwhile Keystone comedienne, but now an aspiring
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dramatic star, arrived in Los Angeles this week to begin her new duties as an
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artiste under the supervision of Thomas H. Ince. She went immediately to her
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home in Hollywood, and is now awaiting word from Ince to start work before
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the camera in her first vehicle for the Triangle. What is particularly
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important in connection with Miss Normand's new venture is the fact that she
|
|
will not do her work at either the Culver City or Inceville plant of the New
|
|
York Motion Picture Corporation, but will have a studio of her own. This is
|
|
a four-acre tract midway between Los Angeles and Hollywood, on which property
|
|
a studio is now in course of erection. Here Miss Normand will preside as
|
|
queen over a large company of players, who will be used as her permanent
|
|
supporting cast in each of the plays in which she will appear. She will have
|
|
her own director, who, although not yet named, will have immediate charge of
|
|
the directorial end of her work. Each play will be made under the personal
|
|
supervision of Ince and be released as a Triangle-Kay Bee subject. What
|
|
story in which Miss Normand will make her first appearance as an Ince
|
|
luminary has not been announced, but rumors are to the effect that the
|
|
scenario is being prepared by J. G. Hawks of the Ince staff writers.
|
|
|
|
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
|
|
|
|
May 20, 1916
|
|
PHOTOPLAYERS WEEKLY
|
|
With a story just as attractive as the little star herself, Miss Mabel
|
|
Normand and her own company of players began rehearsals last week. Although
|
|
Miss Normand has her own studio, her relations with the Keystone Film
|
|
Company, where she was featured for so many years, are very close, the
|
|
rehearsals being held on the old stage where Miss Mabel once upon a time
|
|
worked with hose, bomb, and pie. Mack Sennett and Hampton Del Ruth lent
|
|
their aid at the first rehearsals, just as in the past.
|
|
"I am more than delighted with everything," Miss Normand said when asked
|
|
if she would say a word about her future plans. "I am sure I have the best
|
|
equipped studio for its size in the country. I am more than satisfied with
|
|
the first story selected. I feel sure I have regained my old good health
|
|
again, and now I am anxious to hear Mr. Young say 'camera' and begin work
|
|
again."
|
|
|
|
*****************************************************************************
|
|
*****************************************************************************
|
|
|
|
Fragments from Official 1922 Statements: Fellows, Dumas, Maigne
|
|
|
|
The following newspaper article published in 1937 purports to contain
|
|
extracts from the official 1922 statements made by Howard Fellows, Vern
|
|
Dumas, and Charles Maigne.
|
|
|
|
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
|
|
|
|
June 10, 1937
|
|
LOS ANGELES EXAMINER
|
|
|
|
Coterie of Dead Central Figures in Slaying Case
|
|
|
|
Like phantom characters who have left the stage forever, yet play
|
|
important parts in the gripping development of a drama, are many of the
|
|
central figures in the William Desmond Taylor case.
|
|
They are dead--but ever present in this amazing murder mystery.
|
|
Their spoken lines have echoed through the years--now to play important
|
|
roles in the untangling of the steel web which heretofore has enmeshed the
|
|
truth of the sensational slaying and have aided in promise of final solution
|
|
of the puzzle that defied investigation for fifteen years.
|
|
Mabel Normand, the whimsical Peter Pan of the silent screen; Mrs. Julia
|
|
Miles, "mama" to Margaret Fillmore and her sister, Mary Miles Minter the
|
|
beautiful; Henry Peavey, Taylor's eccentric servant; District Attorneys
|
|
Thomas Lee Woolwine, dashing, fiery Southerner, and his successor, Asa Keyes;
|
|
Detective Sergt. Tom Ziegler; Charles Maigne, motion picture director and
|
|
friend of Taylor--they are among the coterie of dead.
|
|
They are gone, but the words or deeds of many of them have been
|
|
carefully preserved through the years and now are vital links in a chain of
|
|
evidence that authorities feel cannot be broken.
|
|
In musty files and worn transcripts these links are recorded as part of
|
|
the file in the present case. Most of them were taken by Woolwine in 1922.
|
|
Strange were the stories told in the documents--but no stranger than
|
|
the destiny that was Taylor's.
|
|
Hundreds of questions filled the minds of the investigators as they
|
|
pored over the yellow pages--
|
|
MOTIVE--that was one question.
|
|
What part, if any, did Taylor's friendship with Mabel Normand play in
|
|
the tragic ending of his life.
|
|
What possible hidden knowledge did the Negro servant possess to have
|
|
exhibited the fear he did?
|
|
What was behind the tense moment a few weeks before his murder when a
|
|
gay party he had attended with Miss Normand was punctuated by a sobbing
|
|
statement from the director that was strange and pathetic?
|
|
Howard Fellows, youthful chauffeur for Taylor, related to the
|
|
authorities the unusual incident of the last New Year's Eve party Taylor was
|
|
destined to attend at the Alexandria Hotel with Miss Normand.
|
|
They had known each other for several years--had worked together--
|
|
played together--their friendship ostensibly was a happy one. Possibly it
|
|
was even love.
|
|
Yet, according to Fellows, as he drove Miss Normand and the director
|
|
home from the celebration, the latter, in a voice tinged by a sob, leaned
|
|
close to his companion, and said:
|
|
"Little girl, you are breaking my heart."
|
|
Did this outburst play any part in the tragedy, that followed?
|
|
Taylor had his secret sorrows--what they were has been hidden by a veil
|
|
never penetrated--he was "never happy"--"never sad."
|
|
Again Fellows, through his statement, speaks after these many years:
|
|
"Mr. Taylor to me seemed the same way all the time--never happy; never
|
|
real sad, except once. Was that way all the time."
|
|
What mystery could Henry Peavey, the loyal servant who died in an
|
|
institution, have unraveled, had not his master's murder sent him into
|
|
paroxysms of fear?
|
|
"I have been scared ever since my master was murdered," Peavey scrawled
|
|
on a note just before he died.
|
|
On the morning of February 2, 1922, the man he served and liked was
|
|
lying on the floor of his bungalow when Peavey unlocked the front door.
|
|
He called neighbors. One of them was Vern Dumas, oil man--a Southerner.
|
|
"He was wringing his hands. He was rolling over like a ball," Dumas
|
|
told District Attorney Woolwine.
|
|
He was scared to death and tears rolled down his cheeks.
|
|
"I really felt sorry, felt like wiping away the tears myself."
|
|
Charles Maigne, the director, told what he knew.
|
|
In his business Maigne had to have a mind for detail--for the fine
|
|
points that make great photoplays--to his practiced eye the death scene of
|
|
his fellow director was full of intrigue.
|
|
"The thing that struck me the hardest of all, after I got over the
|
|
shock of Bill's death," he told questioners, "was wondering how on earth Bill
|
|
could have fallen the way he did. The position that Bill was in stumped me
|
|
for two solid days. I couldn't figure out how he had fallen that way. If he
|
|
had been sitting in his chair and had been shot, or if had been shot in the
|
|
back with his back to the door, he was lying stretched out with his feet
|
|
towards the door, hands by his side--"
|
|
These are but a few of the characters whom death has claimed as the
|
|
years rolled by while investigators grimly plodded on to the complete
|
|
solution.
|
|
Any of these points, authorities say, may suddenly become the vital
|
|
connecting link through which disjointed, unrelated facts will suddenly
|
|
assume importance.
|
|
There also was Mrs. Miles, grandmother of Mary Miles Minter, star of
|
|
the silent screen, whom Taylor had directed and whom the star had loved.
|
|
She solaced Mary in the dark hours of grief--Mrs. Miles is dead and no
|
|
known statement of hers remains.
|
|
|
|
*****************************************************************************
|
|
*****************************************************************************
|
|
|
|
|
|
The Federal Trade Commission vs. Famous Players-Lasky
|
|
|
|
From 1916 to 1922, William Desmond directed films for Famous Players-
|
|
Lasky (or one of its component companies). In 1921 the Federal Trade
|
|
Commission charged Famous Players-Lasky with "conspiracy and restraint of
|
|
trade." The complaint and subsequent hearings give background details into
|
|
the business practices of the organization which employed Taylor.
|
|
|
|
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
|
|
|
|
September 1, 1921
|
|
NEW YORK WORLD
|
|
Acts to Dissolve Big Lasky Concern as "Movie Trust"
|
|
|
|
Washington, Aug. 31--Describing it as the "largest concern in the motion
|
|
picture industry and the biggest theatre owner in the world," the Federal
|
|
Trade Commission has formally charged the Famous Players-Lasky Corporation
|
|
and eleven other corespondents with "conspiracy and restraint of trade" in
|
|
violation of the anti-trust laws.
|
|
Those named with the Lasky Corporation are the Stanley Company of
|
|
America, the Stanley Booking Corporation, Black New England Theatres, Inc.,
|
|
Southern Enterprises, Inc., Sanger Amusement Company, Adolph Zukor, Jesse L.
|
|
Lasky, Jules Mastenbaum, Alfred S. Black, Stephen A. Lynch and Ernest V.
|
|
Richards Jr.
|
|
The respondents, a formal announcement of the commission asserts, are
|
|
given thirty days to answer the specific allegations in the complaint, after
|
|
which the date of the trial of the charges will be set.
|
|
The complaint, as made public today, alleges that "as a result of the
|
|
conspiracies and combinations set out and the acquisitions and affiliations
|
|
made in pursuance of said conspiracies and combinations, the respondent, the
|
|
Famous Players-Lasky Corporation, now owns more than four hundred theatres in
|
|
the United States and Canada, and has numerous others affiliated with it.
|
|
"It has formed producing companies in Great Britain, France, Belgium,
|
|
Spain, Scandinavian countries, Poland, Czecho-Slovakia and a $3,000,000
|
|
corporation for the production and distribution of motion pictures in India."
|
|
The complaint declares that "in furtherance of the conspiracy charged,
|
|
the Famous Players-Lasky Corporation acquired the New York Theatre Building,
|
|
containing the Criterion, the New York Theatre and the New York Roof, at a
|
|
cost of $3,200,000; that the respondents acquired the Rivoli and Rialto, in
|
|
the same district of New York, as well as the property on which the Putnam
|
|
Building is located, where it proposed in the near future to erect a thirty-
|
|
story building to cost $8,000,000 and to contain a motion picture theatre."
|
|
"The Famous Players-Lasky Corporation," it is stated, "also acquired the
|
|
stock of Charles Frohman, Inc., which leases the Empire Theatre and has an
|
|
interest in the Lyceum Theatre.
|
|
It is charged by the commission that the producing and distribution of
|
|
more than 30,000 films every week by the respondent, from its studios in
|
|
California and New York principally and the transportation of great
|
|
quantities of unexposed films and large quantities of scenery, paraphernalia,
|
|
costumes and similar stage properties give the commission jurisdiction.
|
|
In the calendar year, it is asserted, approximately 18,000 theatres
|
|
exhibited motion pictures in the United States and 20,000,000 people every
|
|
day spend $4,000,000 to see pictures. In 1916 the motion picture industry
|
|
was in the hands of three different units, none of which was affiliated with
|
|
each other--producers, distributors and exhibitors.
|
|
"The Famous Players-Lasky Corporation, Adolph Zukor and Jesse L. Lasky,
|
|
combined and conspired to secure control and monopolize the motion picture
|
|
industry, and restrain, restrict and suppress competition in interstate
|
|
commerce in motion picture films," said the announcement of the commission
|
|
today. "In pursuance of this conspiracy and combination, the complaint
|
|
charges that the respondents acquired in 1916 Bosworth, Inc.; Jesse L. Lasky
|
|
Feature and Play Company and the Famous Players' Film Company, and that since
|
|
the time of such acquisition the Famous Players-Lasky Corporation has and
|
|
still owns the whole of the stock of the firms mentioned, and that the effect
|
|
of such acquisition has eliminated competition between such corporations and
|
|
tends to create a monopoly in such commerce in the motion picture industry."
|
|
It is charged that "prior to the incorporation of the Famous Players-
|
|
Lasky Corporation in July, 1916, the three concerns mentioned released and
|
|
distributed all of their pictures films through Paramount Pictures
|
|
Corporation, New York, the only organization of the kind that had facilities
|
|
for nationwide distribution."
|
|
Paramount Pictures were well known to exhibitors and the public. The
|
|
Paramount concern had a "closed booking" policy. Its pictures were leased on
|
|
the condition that the entire lot of 104 would be taken and the person using
|
|
them would not exhibit pictures of any competitor." This arrangement applied
|
|
to the first run.
|
|
"Under this plan," the commission says, "no exhibitor could lease a
|
|
single first run, but as to the second and third runs, a different policy was
|
|
pursued. While there was no competition among Bosworth, Inc., Jesse L. Lasky
|
|
Feature and Play Company and the Famous Players Film Company for the leasing
|
|
of films for first runs, there was free and open competition for the second
|
|
and third runs or repeats."
|
|
In furtherance of its conspiracy, the commission asserts, the Famous
|
|
Players-Lasky Company, through its President, Mr. Zukor, sought to acquire
|
|
the Paramount Pictures Corporation.
|
|
"Failing to do so, and to avoid former contracts," the announcement
|
|
says, "Zukor incorporated the Artcraft Picture Corporation in 1916, which
|
|
corporation engaged in competition with the Paramount Corporation in leasing
|
|
and distributing motion picture films.
|
|
"At the time of its organization the Famous Players-Lasky Corporation
|
|
employed many popular film stars, and as the contracts with certain of these
|
|
expired they were not re-engaged by the respondent. Instead the respondent
|
|
and Adolph Zukor organized certain new corporations and induced the stars to
|
|
make service contracts with these newly formed corporations, which
|
|
corporations the respondent and Zukor caused to contract with the Artcraft
|
|
Pictures Corporation, whereby all films depicting the stars were exclusively
|
|
leased and distributed through the Artcraft Pictures Corporation instead of
|
|
the through the Paramount Pictures Corporation.
|
|
"Shortly thereafter the Paramount Corporation, because of the threatened
|
|
impairment of the value of their holdings through the loss of pictures
|
|
depicting these stars, became desirous of disposing of their holdings, and in
|
|
1916 the Famous Players-Lasky Corporation acquired the whole of the stock and
|
|
share of the capital of the Paramount, the concern which had been in
|
|
competition with the Artcraft Pictures Corporation."
|
|
The complaint declares that "the effect of this acquisition of the
|
|
Paramount Corporation by the Famous Players-Lasky Corporation has been and is
|
|
to eliminate competition in interstate commerce, and that it tends to create
|
|
a monopoly, and that after the acquisition mentioned both the Paramount
|
|
Corporation and the Artcraft Pictures Corporation ceased to function and were
|
|
dissolved, and that thereafter the Famous Players-Lasky Corporation, in
|
|
addition to producing films, entered the business of leasing and distributing
|
|
such films directly to distributors without employing the medium of any
|
|
distributing agency, and advertised to the trade and public film as Paramount
|
|
Artcraft Pictures and Paramount Pictures."
|
|
The commission then described the extension of the "alleged conspiracy"
|
|
to the producers.
|
|
It is set out that "after the respondent had acquired the concerns
|
|
mentioned, and pursued the conspiracy and combination to control the motion
|
|
picture industry, it inaugurated a policy of affiliating with it certain
|
|
independent producers whose productions were of such quality and popularity
|
|
that they were in great demand."
|
|
It further declares that "such independent producers" by contract
|
|
"Leased and distributed their films through the respondent corporation" and
|
|
in the same manner as the respondent's films, and that these independent
|
|
productions are advertised and displayed as Paramount-Artcraft Pictures and
|
|
Paramount Pictures.
|
|
"These independents are Thomas H. Ince, Mack Sennett, Cosmopolitan
|
|
Productions, Mayflower Productions, George Fitzmaurice Productions, Sydney
|
|
Chaplin Productions, Lois Weber Productions, William D. Taylor Productions,
|
|
George Milford Productions, William A. Brady Productions.
|
|
"The commission charges that "In May, 1919, in accordance with the
|
|
conspiracy the respondents incorporated the Realart Pictures Corporation and
|
|
caused the Realart Pictures Corporation to maintain offices, exchanges and a
|
|
selling organization separate from that of the Famous Players-Lasky
|
|
Corporation, and concealed the respondent's ownership of the Realart Pictures
|
|
Corporation, holding the latter out to the trade and public to be wholly
|
|
independent and not affiliated or connected in any way with the respondents;
|
|
and that many exhibitors who did not desire to lease Famous Players-Lasky
|
|
films, did lease Realart Pictures Corporation films in the belief that they
|
|
were not made or produced by the Famous Players-Lasky Corporation."
|
|
Acquisition of motion picture theatres through coercion and intimidation
|
|
of owners into selling their theatres after threats of erecting competing
|
|
houses and of interfering with their film service as a furtherance of the
|
|
conspiracy alleged is charged.
|
|
It is declared that in 1919 "the respondents entered into a
|
|
comprehensive plan of extending the corporation's activities by the
|
|
acquisition of theatres, particularly in the key cities. In pursuance of
|
|
this programme, the respondents conspired, the complaint alleges, with the
|
|
Black New England Theatres, Inc., of which Alfred S. Black is President, to
|
|
secure control of the distribution and exhibition of motion pictures in
|
|
Maine, New Hampshire, Vermont and Massachusetts, and that by acquisition of
|
|
50 per cent of the stock of the Black New England Theatres, Inc., the
|
|
respondent controls more than sixty theatres in the states mentioned."
|
|
The complaint declares that further pursing this programme the
|
|
respondents "conspired with the Stanley Company of America, which owned or
|
|
controlled more than fifty-seven theatres in Pennsylvania, Western New Jersey
|
|
and Delaware; and with the Stanley Booking Corporation, owned by the Stanley
|
|
Company of America, to secure control of the motion picture industry in this
|
|
territory, and that as a result of this conspiracy the Paramount Pictures and
|
|
Paramount-Artcraft Pictures are either shown exclusively or are given
|
|
preference over others in the territory, and that well-known independent
|
|
producers are either entirely excluded or are only able to lease their films
|
|
at a loss or under undesirable conditions."
|
|
The same programme was followed, the complaint charges, as regards the
|
|
Stephen A. Lynch Enterprises Corporation, which owns and operates theatres in
|
|
the Atlantic and Gulf States from North Carolina to Texas and in Tennessee,
|
|
Arkansas and Oklahoma.
|
|
|
|
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
|
|
|
|
Testimony of W. W. Hodkinson, Al Lichtman, Harris Connick, Walter Greene,
|
|
Samuel Goldwyn, W. L. Sherry, Walter Irwin, Joseph Boss, J. S. Burnham,
|
|
Benjamin Knobel
|
|
|
|
The following excerpted testimony is reprinted from the NEW YORK TELEGRAPH,
|
|
and was originally published on the dates indicated.
|
|
|
|
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
|
|
|
|
April 24, 1923:
|
|
The first gun of the Federal Trade Commission's investigation as to
|
|
whether the Famous Players-Lasky Corporation, in conjunction with a number of
|
|
subsidiaries and individuals, constitutes a trust under the Federal law, was
|
|
fired yesterday at 29 West Thirty-ninth street, with W. W. Hodkinson in the
|
|
witness chair...
|
|
The complaint alleges that the Famous Players-Lasky Corporation, by
|
|
progressive expansion, now dominates the exhibition field, through its
|
|
ownership of production, distribution agencies and theatre holdings, and
|
|
because of this combination of effort stifles competition, inasmuch as its
|
|
competitors are unable to secure first run showings of their pictures. The
|
|
complaint also charges that the corporation is the largest theatre owner in
|
|
the world, and controls showings of the pictures through its ownership of
|
|
Paramount Pictures, the distribution corporation...
|
|
Mr. Hodkinson was questioned at length concerning the early days of the
|
|
Paramount Pictures Corporation, when he was its president, and described the
|
|
first steps in the expansion and merging of the various groups of producers
|
|
and distributors into the present organization.
|
|
Under examination of Mr. Fuller he declared that upon various occasions,
|
|
as early as 1915, he had held conversations with Adolph Zukor relative to the
|
|
advisability of combining the producing and distributing divisions of the
|
|
industry. Mr. Hodkinson said that he had always been against such a
|
|
combination and was of the same opinion yet, but that Mr. Zukor held
|
|
different views. He also said that he and Mr. Zukor had on one or two
|
|
occasions held meetings with exhibitors at which the possibilities of
|
|
combining producing and exhibition were discussed.
|
|
Mr. Hodkinson was then asked to name the "first class, first run" motion
|
|
picture houses in New York City. He named six, and stated that three of
|
|
these, the Rialto, Rivoli and Criterion theatres, were controlled by the
|
|
Famous Players-Lasky Corporation. He was further asked to describe the
|
|
effect of New York and "key city" picture presentation upon the success of a
|
|
given picture, and replied that such presentation was considered as essential
|
|
in the industry as an advertising point in the explanation of a production
|
|
throughout the rest of the country...The witness said that the independents
|
|
had no opportunity to show at the Rialto, Rivoli and Criterion...
|
|
|
|
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
|
|
|
|
April 25, 1923:
|
|
...Hodkinson said the practices by large producers and owners of a
|
|
number of first-class theatres were detrimental to the industry.
|
|
"The history of the business has shown that the most successful pictures
|
|
have been developed by individual efforts rather than by mass production,
|
|
where there is no competition and no necessity to have special regard to
|
|
quality," he said. "The independent producer being denied the patronage of
|
|
the larger theatre does not receive compensation sufficient to successfully
|
|
compete with other independent producers and this stands to lower the quality
|
|
of the pictures."...
|
|
|
|
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
|
|
|
|
April 26, 1923:
|
|
Al Lichtman, president of Preferred Pictures, yesterday told how W. W.
|
|
Hodkinson, president of the Paramount Pictures Corporation in 1916, was
|
|
forced out of office by the board of directors after Adolph Zukor, head of
|
|
Famous Players, had complained that he could not get along with them...
|
|
The witness traced the development of the Paramount organization from
|
|
its start as a group of distributors to the present time, when it is
|
|
interwoven closely with the Famous Players-Lasky forces and financial
|
|
backing.
|
|
Lichtman, who was field manager for Famous Players in 1912, declared the
|
|
company entered into a distributing agreement with the then newly organized
|
|
Paramount Corporation for twenty-five years.
|
|
Early in 1916, the witness said, Mr. Zukor had become dissatisfied
|
|
because he said that under the arrangement with the Paramount he was not
|
|
receiving money enough to produce the kind of pictures he wanted and that he
|
|
was threatened with the loss of some of his great stars, especially Mary
|
|
Pickford. Zukor had told him, the witness said, that Mutual had offered Mary
|
|
Pickford $10,000 a week.
|
|
The witness said it was at about this time, after a visit of Zukor to
|
|
California, that he got in touch with Hiram Abrams, a director of the
|
|
Paramount company. He repeated to Abrams that Zukor had expressed himself
|
|
dissatisfied with the contract with Paramount. Zukor said, according to the
|
|
witness, that if he stayed with Paramount he would be unable to keep his
|
|
stars and maintain the quality of the pictures he was making.
|
|
The witness said that Abrams went with the latter's partner, Walter
|
|
Green, and himself to see Zukor at his home. They had a conference, he said,
|
|
in the course of which Zukor declared he found it impossible to get along
|
|
with Hodkinson, and it was agreed among them that Abrams and Green were to
|
|
see if they could not get two of the other four directors to vote with Abrams
|
|
in deposing Hodkinson. Ten days later, Lichtman said, he learned that a
|
|
meeting had been held and Abrams, Steele and Sherry, three of the five
|
|
directors of the company, had voted to put Hodkinson out of the presidency,
|
|
had elected Abrams president in his place, and elected Steele treasurer.
|
|
Lichtman was asked about his own pictures. He said he was producing and
|
|
distributing Preferred Pictures at this time and has twelve a year, all
|
|
feature pictures. He spoke of the difficulty he has in some cities in
|
|
placing his films in first run theatres owing to the fact that most of the
|
|
first class houses are owned or controlled by the big producers.
|
|
He got along all right in San Francisco, he said, but characterized
|
|
conditions in Atlanta as "terrible," saying Southern Enterprises, a
|
|
subsidiary of the Famous Players-Lasky Corporation, controls three of the
|
|
five theatres in the city...
|
|
As to New York, Mr. Lichtman said, he had only succeeded in placing on
|
|
Broadway four pictures in the last two years out of twenty-four pictures...
|
|
The witness said that, generally speaking, a producer expects about 25
|
|
per cent of the gross earning of a picture from first run theatres.
|
|
Mr. Lichtman told of a number of places where the Famous Players-Lasky
|
|
Corporation or some other large producer owning first run theatres would
|
|
reject pictures offered by an independent producer on the plea that they had
|
|
no open time. He mentioned theatres in various cities which, while not owned
|
|
by one of the large producing companies, would use all the pictures made by
|
|
one of those companies, leaving only a small amount of time available to all
|
|
the others...
|
|
He was asked if he knew H. E. H. Conick, and said he had met him in 1919
|
|
when the latter had come to the office of the Famous Players-Lasky
|
|
Corporation to investigated the corporation in the interest of a group of
|
|
bankers who were considering underwriting a stock issue of $10,000,000.
|
|
He said Mr. Conick was shown every consideration, allowed to examine the
|
|
records; that later the sale of stock was made, and, still later, Conick
|
|
became chairman of the finance committee of the Famous Players-Lasky
|
|
Corporation, and was still holding that position when he left the corporation
|
|
in 1921.
|
|
The witness said the intention of the corporation when it secured the
|
|
$10,000,000 was to use the money to build or purchase a theatre in "key"
|
|
cities of the country, where it was impossible to get advantageous
|
|
contracts...
|
|
He said there are thirty "key" cities in the country and approximately
|
|
120 first-class first-run theatres in those cities.
|
|
|
|
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
|
|
|
|
April 27, 1923:
|
|
Mr. Lichtman said there are approximately 14,000 moving picture theatres
|
|
in the United States, seating about 8,000,000 persons, and he estimated that
|
|
about 10,000,000 persons attended performances daily as conditions are now.
|
|
He said conditions now are only fairly prosperous: that in 1920 and also in
|
|
part of 1918 more persons witnessed the pictures daily...
|
|
Asked to state the condition confronting the independent producer and
|
|
distributor as compared with the producer and distributor who owns or
|
|
controls a number of theatres, the witness said:
|
|
"The small producer is at a disadvantage, for the producer who owns
|
|
theatres can figure fairly well on what his receipts at first will be."...
|
|
|
|
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
|
|
|
|
April 28, 1923:
|
|
...Harris D. H. Connick, of 511 Fifth Avenue, who made an investigation
|
|
in 1919 for Kuhn, Loeb & Co., into the motion picture industry, with special
|
|
reference to the Famous Players-Lasky Corporation, was the first witness.
|
|
He said he was a graduate of Stanford University and was director of works of
|
|
the Panama Pacific Exposition.
|
|
The witness said he came to New York in 1916 and was vice president of
|
|
the American International Corporation.
|
|
He told of having made the survey in the Fall of 1919 for Kuhn, Loeb &
|
|
Co., who, he said, wanted the information in connection with underwriting a
|
|
$10,000,000 stock issue of the Famous Players-Lasky Corporation. He said the
|
|
Famous-Players got the $10,000,000 with a view to investing it in theatres.
|
|
In December, 1919, he said he joined the Famous Players-Lasky Corporation.
|
|
Asked his duties, he said:
|
|
"I went in as chairman of the finance committee and also as a sort of
|
|
manager under Mr. Zukor. I had all the duties of a general manager."
|
|
He said he and Mr. Zukor had innumerable conferences over the plan to
|
|
secure theatres.
|
|
"Mr. Zukor's plan was to acquire a number of modern theatres in 'key'
|
|
cities, so he could get his pictures without fail in first-run theatres in
|
|
those cities."
|
|
The witness said that he left the Famous Players-Lasky Corporation in
|
|
December, 1921. He said in 1920 Mr. Zukor feared only the competition of the
|
|
First National Corporation, and said there were negotiations looking to an
|
|
arrangement between the two organizations for increasing the sale of
|
|
pictures.
|
|
"The primary object of these conferences," said Mr. Connick, "was to get
|
|
a working agreement with the First National, or, its component parts. They
|
|
wanted to make some arrangement which would do away with competition between
|
|
the companies in employing stars, buying stories, and in every way."...
|
|
"While you were discussing these plans, did Mr. Zukor ever say to you
|
|
that, by working out his plans, he could dominate the motion picture
|
|
industry?" asked Mr. Farrington.
|
|
"Mr. Zukor was under the impression that Famous Players could then
|
|
dominate the situation," replied Mr. Connick, "and that his plan would give
|
|
permanency to this."...
|
|
Asked whether he thought the power of the screen was good or evil, the
|
|
witness said: "As a matter of course the screen has a lot of power and is
|
|
unquestionably one of the educational influences of the day."
|
|
Asked what would be the result if large producers should acquire fifty
|
|
per cent of the theatres in the country, Mr. Connick said that it would be a
|
|
very profitable thing for the producers, but said that the independent
|
|
producer would have a difficult time placing his pictures unless the picture
|
|
was of superlative quality. He said that the owner of the theatre, if he was
|
|
a producer, would naturally use his own pictures because they would make more
|
|
money for him, but said they would find time to put on a picture of an
|
|
independent producer if it was exceptionally good and a sure moneymaker.
|
|
On cross-examination Mr. Connick said in reply to questions of Mr.
|
|
Swaine that the motion picture business was "a very boastful business."
|
|
"When you said this morning that Famous Players dominated the motion
|
|
picture industry, what did you mean?" asked Mr. Swaine.
|
|
"I meant that compared in every way they were better than any other
|
|
concern in the motion picture field," replied the witness.
|
|
"In the same way, would you say that Caruso dominated the operatic
|
|
field?" queried Mr. Swaine.
|
|
"Well, not exactly," said Mr. Connick. "God Almighty had a good deal to
|
|
do with Caruso and he did not have much to do with the Famous Players
|
|
Corporation."...
|
|
Mr. Swaine asked the witness if it was not the growing competition of
|
|
the First National organization that prompted Mr. Zukor and the other
|
|
officials of Famous Players to buy theatres.
|
|
"The idea was to get rid of competition," said Mr. Connick, "trying to
|
|
clean them right up. It was a case of dog eat dog."
|
|
The witness said that First National was not as threatening as its
|
|
thousands of franchise and sub-franchise holders might seem to indicate,
|
|
pointing out that only a few hundred of the theaters were large ones, the
|
|
great majority being small houses. He said First National had at least one
|
|
theatre in every "key" city of the country...
|
|
|
|
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
|
|
|
|
May 1, 1923:
|
|
...Walter E. Greene, vice president of the American Release Corporation,
|
|
who was a partner with Hiram Abrams in an independent distributing exchange
|
|
in 1916, told of the formation of the Paramount Pictures Corporation by a
|
|
number of distributors from all sections of the country, of which W. W.
|
|
Hodkinson of California was elected president.
|
|
Questioned by Mr. Farrington, counsel for the Commission, Mr. Green told
|
|
how in May, 1916, Adolph Zukor, the president of the Famous Players
|
|
Corporation, had become dissatisfied with the way its pictures were being
|
|
handled by the Paramount Pictures Corporation and the witness said he had
|
|
been told by his partners, Abrams and Alexander Lichtman, that Mr. Zukor had
|
|
threatened to leave the Paramount Pictures Corporation, although he had a 25-
|
|
year contract with it, unless some changes were made in its policy.
|
|
The witness said that following Mr. Zukor's return from a visit to
|
|
California in May, 1916, that he, Abrams, Lichtman and Mr. Zukor had a
|
|
conference at the home of the latter, at which Mr. Zukor said that he found
|
|
it hard to get along with Hodkinson, and suggested that Hodkinson be removed
|
|
as president and that Abrams be substituted in his place. He said they came
|
|
to an agreement while at Zukor's home that if possible they would have
|
|
Hodkinson deposed, and also the treasurer of Paramount Picture Corporation, a
|
|
man named Pawley, removed. It was also agreed that Zukor should have 50 per
|
|
cent of the stock of the Paramount Corporation...
|
|
Mr. Greene told of the organization of Artcraft Pictures about July,
|
|
1916, of which he was elected president. He said the object of the Artcraft
|
|
Pictures was to distribute pictures by Mary Pickford and other high-class
|
|
stars. He said the Famous Players Corporation furnished the funds to
|
|
organize the Artcraft Pictures, but the latter was advertised as an
|
|
independent company.
|
|
Mr. Greene said the Famous Players Corporation took over the Paramount
|
|
Pictures Corporation in May or June, 1917, and that the Artcraft and
|
|
Paramount were merged. He said it was in the Summer of 1917 that he first
|
|
heard of the plan to acquire first run theatres. At first it was planned to
|
|
make contractual arrangements with certain first run theatres by which the
|
|
Famous Players pictures would be given to these theatres provided they took a
|
|
majority of the corporation's pictures. But this plan fell through, he said,
|
|
and then they decided upon buying or leasing theatres...
|
|
The witness was asked about Mr. Zukor's connection with Lewis J.
|
|
Selznick in the Summer of 1917. He said they formed the Select Pictures
|
|
Corporation in which Famous Players had a half interest. He said the
|
|
business policy of the Select Pictures Corporation was discussed by the
|
|
executive committee of Famous Players Corporation, but that practically all
|
|
the transactions connected with the production of pictures were carried on by
|
|
Mr. Zukor and Mr. Selznick. This arrangement lasted only a year, he said,
|
|
Famous Players selling its half interest to Mr. Selznick. Soon after this
|
|
the Realart Corporation was organized with the financial help of Famous
|
|
Players Corporation. he said the organization of this corporation was to
|
|
provide an outlet for a secondary list of pictures, which it was thought
|
|
could be released to better advantage through another organization.
|
|
He said at first it was not generally known that the Realart Corporation
|
|
was a subsidiary of Famous Players, but it became known within a few weeks...
|
|
Mr. McDonald asked Mr. Green if the organization of Artcraft Corporation
|
|
had not been made at the special request of Mary Pickford and because she
|
|
insisted her pictures should not be distributed with other pictures, and the
|
|
witness said he understood such was the case...
|
|
|
|
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
|
|
|
|
May 2, 1923:
|
|
...Samuel Goldwyn, formerly head of the Goldwyn Pictures Corporation,
|
|
testified that after the formation of that company in 1917, great difficulty
|
|
was experienced by the company in getting its pictures shown in important
|
|
cities, due to control of theatres by the Paramount-Famous Players interests
|
|
and the franchises of the Associated First National.
|
|
Mr. Goldwyn said he entered the motion picture business in 1923 [sic]
|
|
when, in partnership with Jesse L. Lasky, he formed the Jesse L. Lasky
|
|
Feature Play Company. Cecil B. DeMille was also associated with them, he
|
|
said. This company produced its first picture in the Spring of 1914, he
|
|
testified, and at this time the Paramount Company was organized to distribute
|
|
films and films of Famous Players.
|
|
The output of these two concerns did not furnish continuous programs
|
|
throughout the year, and so the Paramount Company itself became a producer,
|
|
Mr. Goldwyn said. This arrangement was unsatisfactory to the Company, and
|
|
negotiations were begun for the consolidation of the Lasky Company with
|
|
Famous Players, with the expectation that Paramount could be induced to join,
|
|
making one big company.
|
|
The Famous Players Lasky combination was effected and then a $25,000,000
|
|
corporation was planned to include the Paramount and some other interests.
|
|
The deal was not consummated due to inability of all parties to agree as to
|
|
the time. The proposal, however, served to influence the Paramount Company
|
|
to make better terms.
|
|
This consolidation of Famous Players and Lasky took place in 1917 [sic],
|
|
and following this, in connection with other proposed measures, Goldwyn said,
|
|
he went to California. While he was away from New York, Adolph Zukor, who
|
|
represented the Famous Players interests, wrote a letter to the board of
|
|
directors saying that either he or Goldwyn must leave the organization, the
|
|
witness testified.
|
|
Upon his return to New York, Lasky, who had been his partner in the
|
|
beginning and is his brother-in-law, came to him and told him of the Zukor
|
|
letter, Goldwyn said, and announced his intention of voting for Zukor.
|
|
Goldwyn said he was thus forced to resign.
|
|
After he left the Famous Players Company, Mr. Goldwyn said, he formed
|
|
the Goldwyn Pictures Corporation, and it was then that he found it very
|
|
difficult to obtain a showing for his pictures, due to the control of
|
|
theatres by the Paramount-Famous Players interests and the Associated First
|
|
National...
|
|
About 1917 the contract which the Famous Players Company had with Mary
|
|
Pickford expired, Mr. Goldwyn said, and Miss Pickford, having learned that
|
|
Charlie Chaplin had made a contract with First National for eight pictures at
|
|
$1,075,000, insisted on $10,000 a week. This made it necessary for the
|
|
Famous Players-Lasky Company to get more for her pictures than could be
|
|
obtained under their contract with Paramount. Thus came into being the
|
|
Artcraft Company, which later added several other stars...
|
|
|
|
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
|
|
|
|
May 3, 1923:
|
|
W. L. Sherry, vice president of the Paramount Pictures Corporation,
|
|
owner of a motion picture exchange in New York City, told yesterday ...how
|
|
after the Famous Players secured 51 per cent of the stock of Paramount
|
|
Pictures by giving Famous Players stock in return for the Paramount picture
|
|
stock, he had lost though his connection with the Famous Players Corporation
|
|
stock estimated to be worth $800,000...
|
|
Mr. Sherry said that the Paramount Pictures Corporation stock was
|
|
selling at 80 at the time the deal was made with the Famous Players. That he
|
|
was the largest stockholder in Paramount, and that at this price this stock
|
|
was worth $800,000.
|
|
He was given stock in the Famous Players Corporation, he said, and it
|
|
was agreed that he was to have a contract to distribute the Famous Players
|
|
pictures. He said some of the others connected with Paramount did get
|
|
contracts for various territory. He mentioned one who received $1,000 a week
|
|
and 2 per cent of the gross.
|
|
Mr. Sherry said he never got his contract. The Paramount was taken over
|
|
by Famous Players in 1915. Mr. Sherry said that several weeks following that
|
|
he received no compensation, but afterwards was allowed a drawing account of
|
|
$250 a week. He said he was called to the home office and was there for a
|
|
few weeks at the head of the purchasing department. He said he told Mr.
|
|
Zukor that he did not like this, and Mr. Zukor had told him that he was glad
|
|
to have a man like him as the head of the purchasing department.
|
|
"I realized," said Mr. Sherry, "that I had been brought down to the home
|
|
office to make room for Arthur White, who was then with the Artcraft
|
|
Company."
|
|
Mr. Sherry said that while drawing the $250 a week he was distributing
|
|
pictures in the New York territory.
|
|
He said in 1918 Mr. Zukor wanted him to buy a motion picture--"Joan the
|
|
Woman"--for the New York territory.
|
|
He said he told Mr. Zukor that the picture was not worth that price, but
|
|
finally at the solicitation of Mr. Zukor, said he bought the picture for
|
|
$100,000 in cash and gave his note for $25,000, with the understanding that
|
|
he was not to lose on the picture.
|
|
"Mr. Zukor gave me his promise in the presence of others," sand Mr.
|
|
Sherry, "that I should not lose on the picture. He said if the Famous
|
|
Players did not pay me for any loss I might have he would pay it himself."
|
|
M. T. Farrington, counsel to the commission, asked the witness how the
|
|
picture turned out.
|
|
"The picture never grossed over $5,000, if that," said Mr. Sherry.
|
|
"I had been obliged to borrow the $100,000 from the Irving National Bank, and
|
|
put up my Famous Players stock as collateral on it. I was obliged to sell my
|
|
stock to pay the loan and at this time the Famous Players discontinued
|
|
playing the dividends and the stock fell so that I had to dispose of it at 22
|
|
to 30, at a great loss."
|
|
After he was brought to the home office he saw that they were trying to
|
|
get him out of the exchange he had formerly owned and been running, and he
|
|
resigned from the Famous Players Corporation and opened another exchange, he
|
|
said. He was asked by Mr. Farrington whether he ever spoke to Mr. Zukor
|
|
about the contract he had been promised after leaving the Famous Players.
|
|
"I spoke to Mr. Zukor on several occasions about it," he said, "telling
|
|
him I had been cheated out of my contract. A few months ago I was entirely
|
|
without money and I went to Mr. Zukor and told him that I needed money badly
|
|
and he said he would put it up to the board of directors. They loaned me
|
|
$15,000, but not until I had signed an agreement waiving all claim on the
|
|
Famous Players' Corporation, the Cardinal Film Company, which had produced
|
|
the picture, 'Joan the Woman,' and Adolph Zukor. I had to sign the agreement
|
|
to get the money. I paid interest on the loan, but I have been unable to do
|
|
that recently and I still owe them the $15,000. They canceled my note for
|
|
$25,000 which I gave at the time I purchased the picture."
|
|
|
|
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
|
|
|
|
May 8, 1923:
|
|
Walter W. Irwin, a pioneer in the film industry, who organized the old
|
|
V. L. S. E. Distributing Corporation and was connected with the Famous
|
|
Players company from 1916 to 1920, told how he happened to join the concern
|
|
at the request of Adolph Zukor, the president. The latter had mentioned to
|
|
him that certain cities in the Middle West, notably St. Louis and
|
|
Indianapolis, were not turning in an amount of revenue for his product that
|
|
localities of such size ought to.
|
|
Accordingly, it was arranged that Mr. Irwin should make a survey of
|
|
these cities and see what could be done to give the pictures better
|
|
representation. He became vice president of the company. Investigating
|
|
conditions in St. Louis, Mr. Irwin found that the best theatre was used by
|
|
First National, with only an old auditorium left.
|
|
In order to obtain good showings in the city, he acquired some property
|
|
opposite to the theatre of the rival circuit and had plans immediately drawn
|
|
up of a theatre. This was built soon after.
|
|
In Indianapolis it was also necessary to build a theatre in order to
|
|
guarantee first run showings that would influence small exhibitors in that
|
|
district.
|
|
Questioned further by Daniel Farrington, counsel for the commission,
|
|
Mr. Irwin declared the sales department had made up a statement on the
|
|
returns from the so-called "key" cities, and this disclosed bad conditions,
|
|
not only in St. Louis and Indianapolis, but also in Milwaukee, Toledo, New
|
|
Haven, Pittsburgh, Boston and Cincinnati. In each of these latter cases no
|
|
theatre was acquired at the time, except in New Haven.
|
|
The fight between the Famous Players and First National forces was
|
|
outlined in detail by Mr. Irwin, who explained why the Paramount organization
|
|
took drastic steps to face the competition of the new circuit.
|
|
He said at the time First National was formed it was claimed they were
|
|
to be the champions of the exhibitors and would rescue them from the Famous
|
|
Players' alleged trust.
|
|
He said Zukor told him that Mr. Williams and another member of the
|
|
twenty-six men who made up the First National firm had sent word to him that
|
|
they intended to get Mary Pickford away from him, and that no matter how much
|
|
Zukor bid for her, First National would outbid him. Irwin said Zukor told
|
|
him he was advised that he might as well stop bidding for Miss Pickford.
|
|
Zukor, he said, also told him Mary Pickford and her mother notified him
|
|
they had received the same information. He said Zukor said to him that he
|
|
did not propose to allow any man or group of men to destroy a business he had
|
|
built up out of the hollow of his hand, and that he would fight in every
|
|
possible way to prevent it. Zukor asked him what advice he could give him.
|
|
He said he advised Zukor to tell the film industry through published
|
|
affidavits and letters in the advertising column the purpose of the First
|
|
National and their declared objects.
|
|
"I advised him," Irwin said, "to point out to the exhibitors that this
|
|
alleged exhibitors' organization would only result in the increased price of
|
|
pictures, through the bidding of the Famous Players for stars, result in
|
|
increasing the prices tremendously, and also the tell the exhibitors that
|
|
instead of the First National being their friend, it was their commercial
|
|
enemy."
|
|
The witness said he advised Zukor that as a matter of self-protection,
|
|
Famous Players should decline to serve pictures at the time to exhibitors or
|
|
sub-exhibitors who held franchises of the First National on the ground that
|
|
they were a part of the declared conspiracy to ruin Famous Players.
|
|
He said he told Zukor he felt justified that it was the proper action to
|
|
take in face of the conditions. Irwin, who has been prominently identified
|
|
with the film industry from 1909 on, and who served for a while as theatre
|
|
manager for Famous Players, gave a survey of all of the different conditions
|
|
covering the distributing system, from the first policy of selling the
|
|
"program," "open booking," and the "rotary star" system.
|
|
He declared it was next to impossible for men who proposed to produce
|
|
independent pictures to get financial backing unless the backer was assured
|
|
he could contract for the distribution of pictures before the picture was
|
|
made. The witness said that an open market for pictures was the only
|
|
solution for conditions, and he decried the blocking system whereby groups of
|
|
theatres have their programs booked months ahead through contracts with big
|
|
distribution agencies and booking companies...
|
|
|
|
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
|
|
|
|
May 11, 1923:
|
|
Joseph C. Boss, of Washington, D.C., who began his career as motion
|
|
picture exhibitor in Philadelphia in 1904, was on the witness stand all day
|
|
yesterday...Briefly, Mr. Boss's story is that S. A. Lynch, who was head of a
|
|
district agency for Paramount Pictures, told him on the street in Dallas,
|
|
Tex., that if he, Boss, put in a picture house at McAlester and took all
|
|
Paramount pictures the company would not put in an opposition house. Acting
|
|
on that verbal promise, he put in the house. That was in the latter part of
|
|
1919. In October of 1920, Mr. Boss testified, the Paramount people
|
|
established a house across the street from him and about this time he began
|
|
having trouble about the delivery of his lobby displays and could not get
|
|
certain films...
|
|
|
|
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
|
|
|
|
May 17, 1923:
|
|
J. S. Burnham, who has operated motion picture theatres at Cortlandt,
|
|
Auburn and Seneca Falls, N.Y. was placed on the stand yesterday before
|
|
Commissioner E. C. Alvord of the Federal Trade Commission, inquiring into the
|
|
operations of Famous Players Corporation to determine whether they act in
|
|
restraint of trade...
|
|
Mr. Burnham said that a Mr. Rose, representing the Famous Players
|
|
distributing office in Buffalo, called on him several times at Cortlandt,
|
|
N.Y., where he had at that time two theatres. Mr. Rose wanted to sell him
|
|
pictures. He wouldn't buy because he said the prices were too high and he
|
|
would have to change admission prices if he bought them. After numerous
|
|
calls by Rose another representative from the Buffalo office came back with
|
|
Rose and the conference was heated. Mr. Burnham testified that they
|
|
threatened him. This was ruled out as a conclusion of the witness. He was
|
|
asked to repeat what was said. He couldn't recall what was said beyond
|
|
repeating several times that the conference was very heated and that he, in
|
|
effect, told them to move on.
|
|
Shortly after that a series of four advertisements appeared in the
|
|
Cortlandt Standard, a newspaper, asking the people of Cortlandt to demand of
|
|
their theatre managers an opportunity to see Paramount Pictures. The
|
|
advertisements declared that Cortlandt was about the only city in the State
|
|
which was denied the privilege of seeing Paramount productions. As a result
|
|
of these advertisements, Mr. Burnham testified, several of his patrons
|
|
stopped him on the street and asked him why he did not run Paramount
|
|
Pictures.
|
|
He told them that he could not afford to do so because they cost too
|
|
much. On cross-examination he added that he told them the theatre was his
|
|
and he would run in it the pictures he chose. Two postal cards mailed from
|
|
Buffalo were also introduced in evidence. These cards asked him why he did
|
|
not run Paramount Pictures. After the postal card and advertising campaign
|
|
on behalf of Paramount another theatre, the Novelty, with a seating capacity
|
|
of 225, changed its name to the Paramount-Novelty and began running Paramount
|
|
Pictures...
|
|
|
|
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
|
|
|
|
May 22, 1923:
|
|
Benjamin Knobel...is one of the principal stockholders in companies
|
|
which operate motion picture theatres in the Bronx and farther up....Mr.
|
|
Knobel said he bought all the Paramount productions because he had been told
|
|
that their plan of selling was all or none...Asked to be very definite, he
|
|
said he was told this in the New York Famous Players office about August 18,
|
|
1922.
|
|
The witness complained that some of the pictures for which he had
|
|
contracted were not released to him but that they appeared on Broadway and
|
|
was unable to get them...
|
|
The question of adjustments on prices paid for pictures which did not
|
|
draw a paying business was discussed at length. The witness said he invited
|
|
the Paramount distributing office manager in New York to examine his books
|
|
and discovered that the Paramount office had already had a man at his theatre
|
|
entrance "clocking" the crowd--that is, counting the people as they entered.
|
|
He objected to this means of checking business on the ground that a
|
|
motion-picture theatre has a great many passes. He estimated the number at
|
|
an average of 150 a day, but said that these passes do not come in an average
|
|
way--that on some days they amount to 300. Nearly all of these passes are
|
|
issued in payment for the privilege of posting window cards...
|
|
Charles A. Goldreyer, who is a partner with Mr. Knobel in four motion
|
|
picture theatres and has another of his own, was the next witness. On direct
|
|
examination he was asked if he bought the complete Paramount output because
|
|
he had to in order to get any. He said he bought all of Paramount's output
|
|
because he wanted all of it. He said several pictures for which he had
|
|
contracts with Paramount were taken away from him and given to a competing
|
|
theatre. He objected but got no answer...
|
|
He went over much the same ground as Mr. Knobel on the subject of
|
|
"clocking" the crowd as a means of checking the business a theatre was doing.
|
|
On the subject of number of passes, he said the Kinsbridge Theatre issued 500
|
|
passes a week, each for two persons, and that these are honored only on
|
|
Mondays, Tuesday, Wednesdays and Thursdays...
|
|
"You have had continuous relations with Paramount since 1912, and have
|
|
had friction over only the few pictures indicated in your testimony?" asked
|
|
Mr. McDonald.
|
|
"Yes."
|
|
"On the picture 'Peter Ibbetson,' for which you paid $2,000 and lost
|
|
money, you received an adjustment of $500, did you not?"
|
|
"Yes."
|
|
"There is nothing in the contract calling for that adjustment or any
|
|
adjustment is there?"
|
|
"No."
|
|
"On the whole don't you think Paramount has dealt fairly well with you?"
|
|
"In some ways they are fair and in some ways not. If they had given
|
|
back the whole $2,000 for 'Peter Ibbetson' it would still have been a loss."
|
|
|
|
|
|
*****************************************************************************
|
|
*****************************************************************************
|
|
|
|
Rudolph Valentino Characterizes Charles Eyton
|
|
|
|
|
|
At the time of William Desmond Taylor's death, Charles Eyton was the studio
|
|
manager of Famous Players-Lasky (Paramount), and he had worked closely with
|
|
Taylor for many years. Shortly after Taylor's body was discovered, on the
|
|
morning of February 2, 1922, Eyton was the senior studio official at the
|
|
murder scene, and he subsequently testified at the coroner's inquest (See
|
|
TAYLOROLOGY 61). Eyton was married to actress Kathlyn Williams.
|
|
Below is an extract from Rudolph Valentino's sworn affidavit filed on
|
|
September 18, 1922, in the breach of contract lawsuit filed by Famous Players-
|
|
Lasky against Rudolph Valentino, as reprinted in MOVIE WEEKLY.
|
|
|
|
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
|
|
|
|
December 2, 1922
|
|
Rudolph Valentino
|
|
MOVIE WEEKLY
|
|
...Mr. Lasky referred all matters possible to Mr. Charles Eyton as
|
|
general manager of the studio and it was only when I went over Mr. Eyton's
|
|
head to Mr. Lasky that I ever had an opportunity to talk to Mr. Lasky
|
|
personally.
|
|
Mr. Charles Eyton was formerly a promoter of prize fights and later
|
|
became manager of a theatre in Los Angeles in which one of the executives of
|
|
Famous Players-Lasky Corporation has an interest, and subsequently became
|
|
general manager of the west coast studio of that company.
|
|
Mr. Eyton is a man of very dominating manner who believes in bullying
|
|
first and reasoning later, if at all. I never made a single suggestion to
|
|
Mr. Eyton during the entire making of "Blood and Sand" that was received
|
|
agreeably by him, no matter how trivial or how fair it might be. He would
|
|
always bluster and show fight.
|
|
Mr. Eyton is extremely unpopular at the west coast studio because of his
|
|
domineering methods, but is retained there apparently by two of the
|
|
executives of Famous Players-Lasky having to do with the west coast studios,
|
|
who deem him useful to them...
|
|
|
|
*****************************************************************************
|
|
*****************************************************************************
|
|
|
|
Below is the sworn affidavit filed by Charles Eyton in the 1922 breach of
|
|
contract lawsuit filed by Famous Players-Lasky against Rudolph Valentino, as
|
|
reprinted in MOVIE WEEKLY.
|
|
|
|
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
|
|
|
|
Affidavit filed by Charles Eyton regarding Rudolph Valentino
|
|
|
|
December 9, 1922
|
|
MOVIE WEEKLY
|
|
Charles Eyton says that at all times herein mentioned he was and still
|
|
is the general manager of the west coast activities of Famous Players-Lasky
|
|
Corporation, that he knows Rodolph Valentino and has become particularly well
|
|
acquainted with him since his employment by Famous Players-Lasky Corporation
|
|
beginning January 1, 1921 and produced for that corporation among pictures
|
|
entitled "The Sheik," "Moran of the Lady Letty," "Beyond the Rocks," "Blood
|
|
and Sand" and "The Young Rajah," that his duties as general manager brought
|
|
him in touch with Mr. Valentino very frequently at the Hollywood studio of
|
|
the corporation where affiant's office was and is.
|
|
That affiant acting for Famous Players-Lasky Corporation conducted some
|
|
of the negotiations with said Valentino which resulted in the contract of
|
|
employment of January 17, 1922 and under which contract produced "Blood and
|
|
Sand" and "The Young Rajah"; that negotiations for the said contract of
|
|
January 17, 1922 began on or prior to November 28, 1921, on which date said
|
|
Valentino entered into a contract with the corporation for his services to
|
|
play the leading male role in the production entitled "Beyond the Rocks," at
|
|
a salary of $1,000.00 per week and in which said agreement said Valentino
|
|
granted to said contract an option upon his services as an artist in motion
|
|
picture productions for the period of one year at a salary of $1,250.00 per
|
|
week beginning upon the day after the completion of "Beyond the Rocks," and
|
|
also a second option for an additional period of one year at a weekly salary
|
|
of $2,000 per week and also a third option for an additional period of one
|
|
year at a weekly salary of $3,000 per week.
|
|
Without any pursuance of the said agreement of November 28, 1921, said
|
|
agreement of January 17, 1922 was entered into and executed by the respective
|
|
parties and the provisions of said agreement of November 28, 1921 were
|
|
incorporated in the agreement of January 17, 1922, except the provisions with
|
|
reference to the production of "Blood and Sand" within one year in Europe
|
|
under the directorship of George Fitzmaurice or John S. Robertson which said
|
|
provisions would have been inserted in the agreement of January 17, 1922 had
|
|
not said Valentino consented and agreed that the said "Blood and Sand" should
|
|
be produced under the directorship of Fred Niblo; that at the request and
|
|
recommendation of said Valentino and his agent, Clifford Robertson, said
|
|
corporation employed June Mathis and entered into a contract with her under
|
|
date of December 19, 1922 to write the continuity of said "Blood and Sand"
|
|
and also entered into a contract dated February 18, 1922 to scenario writing,
|
|
adapting, supervising and general handling of stories for the corporation.
|
|
That a part of the negotiations for both the said contracts of November
|
|
28, 1921 and of January 17, 1922 with said Valentino were conducted by Jesse,
|
|
Lasky that affiant was present during some of these negotiations and heard the
|
|
conversations between Mr. Lasky and said Valentino and his agent, that at no
|
|
conference was any representations made by either affiant or Mr. Lasky with
|
|
reference to the said contract to induce said Valentino to execute the same
|
|
or for any other parties, nor any agreement or promises made or suggested
|
|
which was not incorporated in the said agreement of January 17, 1922.
|
|
Affiant further says that prior to the said contract of November 28,
|
|
1922 and during the negotiations therefore, said Valentino upon several
|
|
occasions said to affiant that he was anxious to become associated with the
|
|
corporation, that his standing as a motion picture actor was greatly to be
|
|
enhanced by securing a contract with Famous Players-Lasky Corporation; that
|
|
he recognized the fact that it was better for him to be associated with this
|
|
company than any other company, owing to the fact that three or four
|
|
productions produced on the scale of magnificence that Famous Players-Lasky
|
|
Corporation had heretofore produced, would advance him further on his way to
|
|
stardom than any other means he could think of.
|
|
Affiant further says that it is a custom of this corporation to sign all
|
|
of its stars for a period of a year with options of four additional years but
|
|
that Valentino refused to sign for these periods, stating that three years
|
|
association as a star with Famous Players-Lasky Corporation would make him so
|
|
popular he would be entitled to a fabulous salary.
|
|
Affiant further says that he left for the Orient on March 25, 1922 and
|
|
from the time of signing of Valentino of his said contract, up to that date
|
|
Valentino had not at any time complained to affiant of any false or
|
|
fraudulent misrepresentations made by any person during negotiations of the
|
|
contract, but on the contrary told affiant he was very much elated and
|
|
pleased with the splendid production and general all around support the
|
|
corporation was giving him in "Blood and Sand," that the above statements
|
|
were repeated to affiant by Valentino on several occasions; and that said
|
|
Valentino told affiant how pleased he was to have Mr. Niblo as his director
|
|
and June Mathis as his supervisor and scenario writer and the splendid
|
|
costumes that were being brought from Spain especially for him.
|
|
Affiant further says that before production was started on "Blood and
|
|
Sand" the cast was talked over several times with said Valentino and approved
|
|
by Valentino; that at this time Mr. Lasky stated to affiant specifically that
|
|
as this was Mr. Valentino's first starring vehicle, time or money was not to be
|
|
spared to make it a tremendous success in every possible way, that for weeks
|
|
the corporation represented by Mr. Lasky, Mr. Niblo, Mr. Goodstadt, Miss Mathis
|
|
and the affiant had frequent conferences regarding the selection of actors and
|
|
actresses for the various parts in this production and before final selection
|
|
for any important part was made, Valentino was consulted; that the
|
|
corporation had great difficulty in finding a suitable type of woman to play
|
|
the leading feminine role and at least a dozen names of leading artists were
|
|
submitted for consideration and discussion and finally Miss Nita Naldi was
|
|
chosen especially for this part and brought to Hollywood from New York to
|
|
play this part and Valentino repeatedly told affiant she was an ideal type
|
|
for the part and could not have been bettered.
|
|
Affiant further says that prior to the employment of Miss Mathis, as
|
|
aforesaid she had interested herself in said Valentino and had told affiant
|
|
that she was the one who had chosen Valentino to play Julio Desnoyers in "The
|
|
Four Horsemen" and succeeded in getting him cast for that part against the
|
|
opposition of Rex Ingram, the director, and the executive officers of the
|
|
producing corporation, that upon exhibition of this picture to the public it
|
|
proved to be the greatest picture of the year and her judgment in regard to
|
|
Valentino was thus upheld; that she thereupon decided to take a professional
|
|
interest in him and said Valentino, before and after the employment of Miss
|
|
Mathis expressed the same admiration for her help and ability as she did for
|
|
him and at various times said to affiant that much of his success on the
|
|
screen was due to her very great artistic ability and her sympathetic
|
|
assistance.
|
|
Affiant further says that many times in discussing various matters in
|
|
connection with productions, Valentino would say to affiant or request
|
|
affiant to discuss the matter further with Miss Mathis and told affiant that
|
|
any decision reached by her would be acceptable to him and that affiant has
|
|
many times discussed said matters with Miss Mathis and her decision have been
|
|
acceptable to said Valentino.
|
|
Affiant further says that he was present upon many occasions and
|
|
conferences between Mr. Lasky and said Valentino when the negotiations for said
|
|
contract of November 28, 1922 and January 17, 1922 were being carried on, and
|
|
that affiant also had negotiations himself with said Valentino, that neither
|
|
affiant or Mr. Lasky or any other representative of the corporation so far as
|
|
known by affiant at any time made any representations or statements or held out
|
|
any inducement to the said Valentino to enter into either of said contracts
|
|
except the terms and conditions which were incorporated in said respective
|
|
contracts, that neither affiant nor Mr. Lasky in affiant's presence nor any
|
|
other representative of the corporation in affiant's presence at any time made
|
|
any untrue statements or any misrepresentations with reference to any matter in
|
|
any way connected with the negotiations for said agreements or to induce said
|
|
Valentino to enter into same.
|
|
Affiant further says that at no time did said Valentino state to him or
|
|
mention to him that there were any misstatements or misrepresentations
|
|
fraudulent or otherwise in any matter connected with the negotiations of
|
|
these contracts or the execution therefor prior to the 10th day of August,
|
|
1922. Affiant further says that the said contracts were freely entered into
|
|
and executed by the said Valentino after a full discussion of all the terms
|
|
therefor and Clifford Robertson, who was the agent and representative of said
|
|
Valentino, in the negotiations of said agreements, and also that W. I.
|
|
Gilbert, Esquire, who was at all times his attorney at represented him in the
|
|
negotiations and in execution of said contracts.
|
|
Affiant further says that so far as known by him at no time has the
|
|
corporation or any agent or representative thereof refused to discuss with
|
|
said Valentino the story during any production or the direction therefor or
|
|
the cast, and that any and all suggestions made by said Valentino have been
|
|
fully considered and affiant further says that nearly all of the suggestions
|
|
and requests with reference to such matters made by said Valentino have been
|
|
accepted and granted.
|
|
Affiant further says that there was never at any time to his knowledge
|
|
any conduct on the part of affiant or of any other representative of the
|
|
corporation which in any way rendered it difficult or at all interfered with
|
|
the production work of said Valentino, but on the contrary affiant and every
|
|
other person in the employ of the corporation connected with the productions
|
|
of said plays had affiant's instructions to take the same care as with other
|
|
stars to assist and help said Valentino in his work in every possible manner
|
|
in order to enable him to play his part with the artistic ability of which he
|
|
was capable and affiant further states that he notified all departments in
|
|
any way connected with the studio to treat Valentino with the same respect
|
|
and courtesy that all other stars are accorded.
|
|
Affiant further says that never at any time during the life of
|
|
Valentino's contracts with the Famous Players-Lasky Corporation did affiant
|
|
or any representative of the corporation with the knowledge of affiant,
|
|
interfere with his personal affairs except at the request of said Valentino
|
|
who on several occasions came in and asked affiant for the benefit of his
|
|
advice on personal matters which advice was given him because of friendship
|
|
on the part of affiant and not because of affiant's official position.
|
|
Affiant further says that at no particular time during said Valentino's
|
|
employment did he mention to affiant any specific case in which the
|
|
corporation or its representatives were interfering with his personal affairs
|
|
or say that he had been compelled to sign a contract, that at all times from
|
|
the time Valentino first appeared with the corporation in "The Sheik" to the
|
|
time that affiant left for the Orient he told affiant he was happy and
|
|
contented with his support in the way of stories that the corporation gave
|
|
him and which affiant says the corporation gives to every other actor of
|
|
equal importance and also said that it was his personal affairs only that
|
|
interfered with his work and his happiness; that Valentino consulted with
|
|
affiant frequently in the matter of his divorce, with his wife on him by her
|
|
attorney for payment of alimony and other moneys and told affiant he had made
|
|
up his mind no matter where he might get as a star in the motion picture
|
|
profession he would rather stop work here and go to Europe and give up his
|
|
career in the United States than to allow his wife to get a cent of the money
|
|
he thought she was not entitled to.[sic]
|
|
Affiant further says that during the whole of said Valentino's
|
|
employment with Famous Players-Lasky Corporation affiant showed Valentino the
|
|
greatest respect and courtesy and that Valentino confided to affiant many of
|
|
his most personal affairs; that affiant reciprocated this friendly feeling.
|
|
Affiant further says that all contracts, including Valentino's executed
|
|
by Famous Players-Lasky Corporation, provides that all stars, actors and
|
|
actresses to be bound by and obedient to the rules of the company, that one
|
|
of the rules in force restricted the admission of visitors into the studio
|
|
especially where it would tend to hold up a picture still in production; that
|
|
the rule was made for the reason among others that stars frequently insisted
|
|
upon the admission of their friends for the purpose of receiving and visiting
|
|
with them, thus delaying the director and costing the corporation large sums
|
|
of money in consequence. That this rule was uniformly applied to all
|
|
employees of the corporation. Affiant says that up to his departure for the
|
|
orient he had been more than liberal with the requests of said Valentino for
|
|
permission to bring his friends and acquaintances into the studio, but that
|
|
on or about July 14, 1922, said Valentino was working on an important set in
|
|
"The Young Rajah" when affiant refused a request from Valentino to admit
|
|
three or four of his friends to the studio which request affiant refused and
|
|
on July 15th received the following letter from Mr. Valentino:
|
|
"Following our controversy of yesterday, the 14th, I would appreciate
|
|
it if you would be kind enough to state what privileges and perogatives I am
|
|
supposed to have in the capacity of a Paramount star in regard to receiving
|
|
people who may wish to see me on important business so that I may be able to
|
|
conform myself to the rules of this organization."
|
|
In answer to Valentino's letter affiant replied by letter on the same
|
|
day as follows:
|
|
"Replying to your letter regarding your perogatives as a star, if you
|
|
will drop in during your spare time I will be glad to discuss this matter
|
|
with you as I agree with you thoroughly that you ought to know exactly what
|
|
to do in situations of this kind."
|
|
To which letter affiant received no reply either in person or otherwise.
|
|
Affiant further says that in all cases he has endeavored to secure the
|
|
properties, costumes and other things Valentino wanted and was excepted in
|
|
the following cases which affiant now recalls and in which Valentino's
|
|
contention was right and affiant agreed with him; in one case was a horse and
|
|
saddle in his production of "The Young Rajah"; the various departments had
|
|
tried to get what they thought was satisfactory to Valentino but on the
|
|
arrival at the location Mr. Valentino objected most strenuously to the horse,
|
|
and affiant after hearing his statement told Valentino his contention was
|
|
right and affiant immediately gave orders to secure a horse suitable to the
|
|
part Valentino was portraying, that Valentino secured a horse from a friend
|
|
of his and used the saddle that was prepared for the first horse, that
|
|
Valentino came back from location that night perfectly satisfied and
|
|
contented and told affiant so. The other occasion was in the production of
|
|
"The Young Rajah" where Valentino appeared in a chariot, his contention in
|
|
regard to this was that it was not built right; that on inspecting the same
|
|
affiant agreed with him and took the matter over with Miss Mathis and
|
|
immediately gave orders to reconstruct this chariot so that it would conform
|
|
to the ideas expressed by Valentino.
|
|
Affiant does not recall any other specific instances of complaints or
|
|
objections by Mr. Valentino except trivial everyday occurrences, more or less
|
|
prevalent in all production work.
|
|
Affiant further says that Valentino had some time previous to his
|
|
employment by Famous Players-Lasky Corporation in the production of "The
|
|
Sheik" had been working for the Universal Film Manufacturing Company at a
|
|
salary of $150.00 a week and subsequently worked for Metro Corporation in the
|
|
production of the "Four Horsemen" at a salary of $350.00 per week and later
|
|
for the same corporation worked in the production of "Camille" at a salary of
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$400.00 per week and that as affiant is informed and believes up to the time
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of employment by Famous Players-Lasky for the production of "The Sheik" he
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had not received a salary in excess of $500.00 per week.
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Affiant further says that under Mr. Lasky's orders to spare no expense
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on "Blood and Sand" he secured the best talent available in every department,
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affiant as representative of the corporation secured from the Cecil B. De
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Mille productions, Alvin Wyckoff who had the reputation of being one of the
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best cameramen in the motion picture industry and who for several years had
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been engaged by Cecil B. De Mille for photographing his productions, and that
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it was only after several conferences with the said Cecil B. De Mille that
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the corporation secured his consent to this arrangement, the understanding
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with Mr. De Mille at this time being that if his next picture started before
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production was through with "Blood and Sand" he would have to have Alvin
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Wyckoff back to work with him. That several times previous to affiant's
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departure for the Orient, Valentino mentioned to affiant that the photography
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of this production was as good as any he had ever seen.
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Charles Eyton.
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Back issues of Taylorology are available on the Web at any of the following:
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http://www.angelfire.com/az/Taylorology/
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http://www.etext.org/Zines/ASCII/Taylorology/
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http://www.silent-movies.com/Taylorology/
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Full text searches of back issues can be done at http://www.etext.org/Zines/
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or at http://www.silent-movies.com/search.html. For more information about
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Taylor, see
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WILLIAM DESMOND TAYLOR: A DOSSIER (Scarecrow Press, 1991)
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