by Vanda Krefft
681 alleging dizziness and abdominal pain: Dr. F. A. Hornaday testimony, SEPH, Part 3, at 1015.
681 mental and emotional: Ibid.
681 tore him apart: “Charges Fox Ruined Firm,” NEN, June 16, 1932.
681 “What is his origin?”: Frederic C. Walcott statement, SEPH, Part 3, at 989.
681 “Is that the first name”: James J. Couzens statement, SEPH, Part 3, at 989.
681 On June 21, 1932: “Secret Stock Profit is Laid to Fox in Suit,” NYT, June 22, 1932, 31.
681 Fox quietly checked out: “William Fox Quits Capital Despite Senate’s Subpena [sic],” 1.
681 sued Fox for $5 million: “Fox Must Face Two Charges,” Los Angeles Record, July 1, 1932. (William Fox Clipping File, MoMA.)
681 nine days later . . . $10–$15 million: “Two Suits Filed Against Wm. Fox,” NEN, July 1, 1932; “Film Company Sues Fox for $10,000,000,” NYT, July 1, 1932, 29.
681 mismanagement and malfeasance: “Secret Stock Profit is Laid to Fox in Suit,” 31; “Film Company Sues Fox for $10,000,000,” 29.
682 went into receivership: “Fox Theatres Put in Receivers’ Hands,” NYT, June 23, 1932, 29.
682 debts of $6 million and current assets: Ibid.
682 “blackjack suits”: William Fox to Upton Sinclair, July 13, 1932, 13, US-MSS.
682 sued Fox for $1 million: “William Fox Sued for Million in Stock Deal,” CDT, July 31, 1932, A7.
682 $1 million personal guarantee: William Fox to Upton Sinclair, July 13, 1932, 8, US-MSS.
682 on March 24, 1932 . . . $410,190 installment: “Trust Firm Sues Fox for $1,000,000,” New York News, July 31, 1932.
682 acquired the Roxy payment rights: “William Fox Sued for Million in Stock Deal,” A7.
682 indemnified him from all liability: Plaintiff’s Exhibit No. 3, Trial transcript, Sept. 16, 1932, 77–78. Alfred C. Blumenthal vs. Albert M. Greenfield, et al., No. 6749 in Equity, in the District Court of the United States for the Eastern District of Pennsylvania. NARA-PHL.
682 deliberately mismanaged . . . dummy fronting for it: William Fox to Upton Sinclair, July 13, 1932, 8–9, US-MSS.
682 knew he would be held liable: “Fox Wins Point in Suit Over Theater Deals,” CDT, Oct. 27, 1934, 23.
682 On June 30, 1932: “Two Suits Filed Against Wm. Fox.”
682 lawsuit asking for $250,000: “Fox Must Face Two Charges.”
682 his $250-a-week job at Fox Film . . . three months: Aaron Fox deposition, July 26, 1932, 3–4, F-F.
682 fell into stock market debt: Ibid., 3.
683 “barrage of shocking and repulsive”: Alice Fox deposition, May 2, 1932, 13. F-F.
683 repeatedly threatened to kill her: Ibid., 6.
683 “not one solitary cent”: Alice Fox deposition, Aug. 1, 1932, 2. F-F.
683 were now destitute: “Film Company Sues Fox for $10,000,000,” 29.
683 since January 7, 1932: Aaron Fox deposition, July 26, 1932, 12, F-F.
683 because he was jealous . . . to prevent Aaron from testifying: “Two Suits Filed Against Wm. Fox.”
683 removed Aaron as a source of support: Alice Fox deposition, Aug. 1, 1932, 8, F-F.
683 “unprincipled” and “despotic”: Ibid., 7.
683 $1,480 in September 1932: “Interrogatories administered to William Fox,” Oct. 3, 1935, 3, F-F.
683 paid $60 a week: Ibid., 4.
683 withdrew her lawsuit: “Newspaper Specials,” WSJ, Nov. 16, 1932, 3.
683 suing . . . for $206,000, alleging negligence: “Jury Rejects $50,000 Suit in Fox Crash,” BDE, June 3, 1932, 3.
683 suffered a heart attack: Ed Sullivan, “Ed Sullivan Sees Broadway,” New York Graphic, June 16, 1932, 23.
683 “frantically applying” . . . when he died: Ibid.
683 “never so impressed . . . everything that night”: Ibid.
684 $15,000 due upon completion: Upton Sinclair to William Fox, Mar. 30, 1932, 2, US-MSS.
684 complete copy approval: Ibid., 1.
684 sent two copies of the first quarter: Upton Sinclair to William Fox, May 27, 1932, US-MSS.
684 working on it night and day . . . right track: Ibid.
684 “Mrs. Fox and I would rather”: William Fox to Upton Sinclair, June 3, 1932, US-MSS.
684 without feedback, he hesitated: Upton Sinclair to William Fox, June 6, 1932, US-MSS.
684 twenty-five pages long: William Fox to Upton Sinclair, July 13, 1932, US-MSS.
684 July 18, 1932 . . . complete manuscript: Upton Sinclair to William Fox, Feb. 13, 1933, 1, US-MSS.
684 “I am troubled”: Upton Sinclair to William Fox, Aug. 6, 1932, US-MSS.
684 “Are you ill?”: Upton Sinclair telegram to William Fox, Aug. 8, 1932, US-MSS.
684 “corrections” . . . to “materially reduce”: William Fox to Upton Sinclair, Aug. 16, 1932, US-MSS.
685 responsible for finding a publisher: Upton Sinclair to William Fox, Mar. 30, 1932, 1. US-MSS.
685 print several early chapters: Upton Sinclair to William Fox, Aug. 15, 1932, US-MSS.
685 AT&T was one of their principal advertisers: Ibid.
685 urged Fox to accept . . . attract a book publisher: Ibid.
685 “I see no value in this”: William Fox to Upton Sinclair, Aug. 20, 1932, US-MSS.
685 a hopeless cause: Upton Sinclair to William Fox, Aug. 24, 1932, US-MSS.
685 tried anyway . . . rejected: William Fox to Upton Sinclair, Aug. 29, 1932, with postscript dated Sept. 2, 1932, US-MSS.
685 until after November 15, 1932: Upton Sinclair to William Fox, Mar. 30, 1932, US-MSS.
685 didn’t want to hurt Hoover’s chances: Upton Sinclair to William Fox, May 20, 1932, US-MSS.
685 insincere, glad-handing politician: Sinclair manuscript, 26–2. File 16, Box 25, US-MSS.
685 Hoover had done “everything possible”: Transcript, 475.
685 “your story is getting colder”: Upton Sinclair to William Fox, May 20, 1932, US-MSS.
685 Fox held firm: William Fox to Upton Sinclair, May 31, 1932, US-MSS.
686 publishing company, Farrar & Rinehart: Upton Sinclair to William Fox, Aug. 3, 1932, US-MSS.
686 willing to wait until mid-November: Upton Sinclair to William Fox, Feb. 13, 1933, US-MSS.
686 refused to sign . . . indemnification: Upton Sinclair to William Fox, Aug. 25, 1932, 1, US-MSS.
686 just have lawyers review: Ibid., 2.
686 “Every lawyer will tell you”: Ibid.
686 “The plain truth is”: Ibid., 3.
686 “a very wonderful book”: William Fox to Upton Sinclair, Aug. 29, 1932, 3, US-MSS.
686 first 121 pages: Upton Sinclair to William Fox, Sept. 15, 1932, 1, US-MSS.
686 Gone were all . . . religious beliefs: Ibid.
686 colorful mispronunciation and tart language: Upton Sinclair to William Fox, Sept. 17, 1932, 1–2, US-MSS.
686 in “store clothes”: Upton Sinclair to William Fox, Sept. 15, 1932, 3, US-MSS.
686 “Please do not let Mrs. Fox”: Ibid., 1.
686 “Surely you don’t want me”: Upton Sinclair to William Fox, Sept. 17, 1932, 2, US-MSS.
686 sully his literary reputation . . . “trash”: Ibid., 2–3.
687 Eva wrote . . . Fox was ill: Upton Sinclair to William Fox, Feb. 13, 1933, 1, US-MSS.
687 Sinclair doubted that: Upton Sinclair to Ernest Greene, Jan. 26, 1933, 2, EG-MSS.
687 for only $5,000: William Fox telegram to Upton Sinclair, Dec. 21, 1934, US-MSS.
687 sent another $5,000: Ibid.
687 Sinclair learned through several sources: Sinclair, The Autobiography of Upton Sinclair, 261.
687 to sue about 113 people: William Fox to Upton Sinclair, July 13, 1932, 14–15. US-MSS.
687 including all the directors . . . Chase Securities: Ibid., 9.
687 coerce a financial settlement: Oral History interview with Upton Sinclair (1962), 214, CCOHA.
687 “would not under any circumstances”: Upton Sinclair to Will
iam Fox, Feb. 13, 1933, 1, US-MSS.
687 “fully determined”: Ibid.
687 he hadn’t answered any: Ibid., 3.
687 giving him one last chance: Upton Sinclair to William Fox, Jan. 13, 1933. US-MSS.
687 had finally sold his six old . . . buildings: “Rockefeller Buys Last Lots for Site,” NYT, Dec. 9, 1931, 23.
687 for about $825,000: “Wm. Fox’s Profit of $500,000,” Variety, Dec. 13, 1932, 7.
687 “I didn’t say a word”: Oral History interview with Upton Sinclair (1962), 214, CCOHA.
687 ordered ten thousand copies: Upton Sinclair to Ernest Greene, Jan. 26, 1933, EG-MSS.
687 Fox’s choice for a title: Sinclair, The Autobiography of Upton Sinclair, 260–61; Transcript, 535.
687 ads to the trade and . . . subscribers: Oral History interview with Upton Sinclair Oral History (1962), 214, CCOHA.
688 “fly off the handle”: Upton Sinclair to Ernest Greene, Jan. 26, 1933, EG-MSS.
688 “Watch the newspapers carefully”: Ibid.
688 “it was my public duty”: Upton Sinclair letter to William Fox, Feb. 13, 1933, 2, US-MSS.
688 “a perfectly frantic telegram” . . . “went ahead”: Oral History interview with Upton Sinclair (1962), 214–15, CCOHA.
688 “It should go forth” . . . “This will look good”: Upton Sinclair to Ernest Greene, Feb. 19, 1933. EG-MSS.
688 “an extraordinarily valuable document”: Upton Sinclair to Ernest Greene, Mar. 9, 1933, EG-MSS.
688 “Am somewhat appalled”: Margaret Sherry Rich e-mail to author, Dec. 21, 2005.
688 “one of the most important”: John T. Flynn, “They Done Him Wrong,” The Nation, Mar. 15, 1933, 291.
688 “tremendously exciting”: Herschel Brickell, “The Literary Landscape,” The North American Review, June 1933.
688 might get the Nobel Prize: Kyle Crichton, “Contents Noted,” Life, Apr. 1933, 6.
688 “one-man control gone wild”: Edward Kennedy, “Presenting Mr. Fox,” Saturday Review of Literature, Mar. 11, 1933, 475.
688 Mencken’s American Mercury: Mencken resigned in December 1933.
688 “enraptured booboisie”: “A Hollywood Martyr,” American Mercury, June 1933, 253.
688 “villains in plug hats”: Ibid., 254.
689 management posted a notice . . . fired immediately: Oral History interview with Upton Sinclair (1962), 216, CCOHA.
689 rest of the country ignored: Upton Sinclair to William Fox, Feb. 26, 1933, handwritten draft, 1, US-MSS.
689 ask him to pay for full-page ads: Ibid.
689 could use the last $5,000: Ibid., 2.
689 published the book on credit . . . months to arrive: Ibid., 1.
689 promised to keep quiet . . . “You can trust me”: Ibid., 2.
689 “very nice” telegram: Upton Sinclair to Ernest Greene, Mar. 9, 1933, EG-MSS.
689 “a tremendous sensation”: Oral History interview with Upton Sinclair (1962), 216, CCOHA.
689 sold fifty thousand copies: Sinclair, The Autobiography of Upton Sinclair, 261.
689 newspapers ignoring it: Upton Sinclair to William Fox, Feb. 26, 1933, handwritten draft, 1, US-MSS.
689 prospects looked similarly dismal: Upton Sinclair to Ernest Greene, Mar. 23, 1933, EG-MSS.
689 buy five or ten . . . list of stockholders: Upton Sinclair to Ernest Greene, May 1, 1933, EG-MSS.
689 abandoned that idea: Upton Sinclair to Ernest Greene, May 10, 1933, EG-MSS.
689 return hundreds of unsold books: Upton Sinclair to Ernest Greene, May 2, 1933, EG-MSS.
689 the last $5,000 of Sinclair’s fee: William Fox telegram to Upton Sinclair, Dec. 21, 1934, US-MSS.
689 late August 1931 . . . unnamed film actress: “Fox Heiress Files Suit for Divorce,” LAT, Sept. 3, 1931, 2.
690 speeding taxi . . . smashed into the car: “William Fox’s Daughter Hurt,” New York American, Oct. 4, 1932.
690 suffered deep cuts . . . an hour: Ibid.
690 Plastic surgery repaired: Ibid.
690 second marriage . . . forty-five: “Joseph Riskin Weds Miss M. Fox Today,” NYT, Apr. 14, 1933, 22.
690 long waiting list at the Congressional Library: Brooks Fletcher to Upton Sinclair, Apr. 28, 1933, Box 492, RSP.
690 two hundred of them: Upton Sinclair to Ernest Greene, May 2, 1933, EG-MSS.
690 “all right for gifts”: Ibid.
690 each member of the House and Senate: Handwritten note by Upton Sinclair on Brooks Fletcher letter, Apr. 28, 1933, Box 492, RSP.
690 former New York assistant district attorney . . . financial crime cases: “Pecora Appointed For Stock Inquiry,” NYT, Jan. 25, 1933, 23.
691 as of February 27, 1933: Opinion, U.S. District Court for the District of Oregon, Apr. 27, 1936, “Fox West Coast Theatres Bankruptcy #3345,” FLC.
691 loaned a staggering $89.3 million: “Chase’s Film Loss Put at $69,572,180,” NYT, Nov. 23, 1933, 18; “Says Financing Saved Fox Film,” WSJ, Nov. 23, 1933, 10.
691 $69.6 million as a total loss: “Says Financing Saved Fox Film,” 10.
691 Thursday morning, November 23, 1933 . . . chamber: Martin Quigley, “William Fox Stages Own Drama Before Senate Banking Inquiry,” MPH, Dec. 2, 1933, 15.
691 “He seemed so full”: Oral History with Ferdinand Pecora (1962), 799p. CCOHA.
691 “He was very articulate”: Ibid.
691 That day and the next: Nathan Robertson, “Fox Tells Senate Probers of Fall of His Movie Empire,” Niagara Falls Gazette (Niagara Falls, NY), Nov. 24, 1933.
691 Wearing glasses: “G.O.P. Chiefs In Film Fight, Fox Asserts,” WP, Nov. 24, 1933, 1.
691 smoking a cigar: “Fox Relates Story of Bank Conspiracy,” SFC, Nov. 24, 1933.
691 gesturing expressively: “G.O.P. Chiefs In Film Fight, Fox Asserts,” 1.
691 often speaking rapidly: “Fox Relates Story of Bank Conspiracy.”
691 made wisecracks: Ibid.
691 drew hearty laughter . . . spectators: “Fox Relates Story of Bank Conspiracy.”
691 frowned and looked worried: “G.O.P. Chiefs In Film Fight, Fox Asserts,” 1.
691 “unseen hands” and “cataclysms”: Ibid.
691 “I am not foolish enough”: William Fox testimony, SEPH, Part 8, at 3753.
691 “I mean, what can anyone know”: Ibid., 3693.
691 tears streamed:, Arthur Hachten, “Fox Tells How Hoover Aid Was Asked in ‘Jam’,” Washington Herald, Nov. 24, 1933.
691 “I am sorry that I raised”: William Fox testimony, SEPH, Part 8, at 3767.
692 “I am not here to press”: Ibid., 3689.
692 “If you want the truth”: Ibid., 3694.
692 “You have been very nice”: Ibid., 3693.
692 “If I were to die tomorrow”: Ibid., 3694.
692 glared at Clarke . . . few feet away: “Banks Forced Film Unit Sale, Fox’s Charge,” NY Herald Tribune, Nov. 24, 1933.
692 noon recess . . . leave the witness chair: “Fox Charges Conspiracy Forced Him to Sell Out,” St. Louis Post-Dispatch, Nov. 23, 1933.
692 in a low voice: “Fox Says He Saw Hoover on Merger,” New York Journal, Nov. 23, 1933.
692 correct Fox on certain points: “Fox Charges Conspiracy Forced Him to Sell Out.”
692 “You gave me the greatest runaround”: “Fox Says He Was Forced to Quit,” WSJ, Nov. 24, 1933, 5.
CHAPTER 49: NOBODY
693 twenty-three Tri-Ergon patents: James J. Finn, “The Industry Re-Discovers Mr. Fox and Tri-Ergon,” International Projectionist, Oct. 1934, 7.
693 in almost all: “WB-ERPI Settlement Forerunner to AT&T’s 100% Bow-Out from Pix?” Variety, June 26, 1934, 4, 35.
693 U.S. Patent Office on May 21, 1929: American Tri-Ergon Corporation ad, FD, Nov. 27, 1931, 7.
693 distortion . . . projector’s sound head: “Opinion,” June 13, 1934, 3–7, Cases 971E and 972E, Altoona Publix Theatres, Inc. v. American Tri-Ergon Corporation, et al. and Wilmer & Vincent, et al., v. America
n Tri-Ergon Corporation, et al. United States Circuit Court of Appeals, Third Circuit. NARA-PHL.
694 September 29, 1931 . . . double print: American Tri-Ergon Corporation ad, FD, Nov. 27, 1931, 7.
694 separate sound and picture negatives: “Supreme Court Halts Fox Tri-Ergon Attack,” MPH, Nov. 10, 1934, 9–10.
694 life span of seventeen years: “Fox, One-Time Film King, May Regain Crown,” BDE, Nov. 27, 1932, 10A.
694 late November . . . share of their profits: American Tri-Ergon ad, MPH, Nov. 28, 1931; FD, Nov. 27, 1931; Variety, Dec. 1, 1931.
694 free Tri-Ergon licenses: Transcript, 549.
694 Fox wouldn’t get anywhere: “Patents Combine War Veterans Defy Tri-Ergon,” FD, Dec. 2, 1931, 1.
694 indemnified all: FCC-ERPI, Part II, 196.
694 AT&T and RCA had cross-licensed: Borkin, The Corrupt Judge, 104.
695 “That’s where our investigators”: “Statement of William Fox” (Part 3), Mar. 22, 1941, 6. Box 15, 118 Files, US-DKF
695 best-educated judges . . . Leipzig: “Fox Is Expected to Take Stand Against Davis,” PEB, Mar. 29, 1941.
695 studies in history and philosophy: “Murphy Explains Davis Retirement,” NYT, Apr. 22, 1939.
695 “I cherish and reciprocate”: J. Warren Davis to Albert M. Greenfield, Sept. 15, 1927, AMG.
695 owed at least $100,000: Walter H. Gahagan, Jr., statements, Trial transcript, Aug. 14, 1941, at 2150–51. US-DK.
696 “I wish that I could”: Government’s Exhibit 110, Trial transcript, Aug. 14, 1941, at 2148–49. US-DK.
696 considered unqualified even to assist: “Ex-Judge Davis Accused of Six Crooked Rulings,” Philadelphia Record, Oct. 20, 1943, 1.
696 Ward, Crosby & Neal: William Fox testimony, Trial transcript, May 20, 1941, at 297. US-DK.
697 “able and comprehensive”: “Opinion,” June 13, 1934, 2, Cases 971E and 972E, Altoona Publix Theatres, Inc. v. American Tri-Ergon Corporation, et al. and Wilmer & Vincent, et al., v. American Tri-Ergon Corporation, et al. United States Circuit Court of Appeals, Third Circuit. NARA-PHL.
697 “I really don’t know”: “Statement of William Fox” (Part 3) Mar. 22, 1941, 6. Box 15, 118 Files, US-DKF.
697 Eastern District . . . conducting the defense: Borkin, The Corrupt Judge, 104–5.
697 Campbell invalidated Fox’s double-print patent: “Supreme Court Halts Fox Tri-Ergon Attack,” 9; “William Fox Loses Second Round in Fight for Sound Royalties,” MPH, Aug. 19, 1933, 29; “Fox, One-Time Film King, May Regain Crown,” 10A.