april 25, 1937 The Fiddler and the Blonde HatCheck Girl1937.the case of Garcia vs. Rubi-noll. in...
Transcript of april 25, 1937 The Fiddler and the Blonde HatCheck Girl1937.the case of Garcia vs. Rubi-noll. in...
![Page 1: april 25, 1937 The Fiddler and the Blonde HatCheck Girl1937.the case of Garcia vs. Rubi-noll. in which damages of $500,000 were asked by the blonde plaintif, provided the five boroughs](https://reader036.fdocuments.in/reader036/viewer/2022071512/6132a599dfd10f4dd73a95de/html5/thumbnails/1.jpg)
april 25, 1937 11
The Fiddler and the Blonde Hat Check GirlA Hang-Over from Golden
Age of Heart BalmBy CHARLES COLLINS
A DEAD snake will continue towriggle its tail until aftersun dow n, according to
American folklore. The same vital-ity, even more protracted. seems tobe a characteristic of suits forbreach of promise to marry.On March 29. 1935, Governor
Lehman of the state of New Yorksigned a bill abolishing the tradi-tional .. heart balm" case; otherstates of the Union, including 11Ii-nois, have pas<:~d similar laws.Nevertheless, late in February,1937. the case of Garcia vs. Rubi-noll. in which damages of $500,000were asked by the blonde plaintif,provided the five boroughs of NewYork City and the rest of the na-tion with a flagrant example of thisform of litigation. fortunately unsuc-cessful. It was a hang-over fromthe golden age of bruised heartsseeking financial soothing. techni-cally admissible to trial; and, likethe tail of the aforesaid snake, itwriggled furiously for a few days.David Rubinoll, generally known
as Dave, was the defendant; he isthe most popular violinist in thefield of radio entertainment, and
room costume and looking as dewyand innocent as the art of streetmakeup permits, informed the jurythat she became acquainted withRubinoff when she guarded hatsand wraps in the Cotton club, andthat after a few meetings he invit-ed her to visit him in his apartmentat 6 West 59th street-" to see hisetchings," Instead of masterpieces"by Whistler and Meryon, however.he showed her his violin-a Stradi-varius which is insured for $100,000and bears the jeweled emblem ofthe ancient family of Rubinolf. for-mer barbers and launderers in thePolish city of Grodno. upon its tail-piece. Furthermore, he played thisclassic instrument for her. sawingout with radio program fervor hisfavorite number. .. Play, GYPsies,Play," from Kalman's operetta."Countess Maritza," This privateconcert lasted until early in themorning.Not long afterward, she testified.
Rubinoff enticed her into makingan expedition to Philadelphia,where he was her host in a hotelsuite. (..Why not? We are justas good as married," were the
Th. fiddler, David RubiDoff of radio fame, with hill aobbing YioliD.
when he pours his emotional soulinto his Stradivarius millions listenand are moved. He has no loftyposition among the acknowledgedvirtuosi of the concert halls; hehas been correctly labeled a ..mobartist." But when his violin sobsand moans and purrs with overtsentimentality the vast radio audi-ence is thrilled to the depths of itsinnocent, untutored soul. Conse-quently Dave's income is Impres-sive, and a certain Poggy Garcia,whose right name is Pauline Mich-eline Taylor. plus two other namesacqufred by marriage, thoughtthat she deserved a large slice ofthe Rubfnoff earnings because shenad bestowed (so she said) a fewintimate favors upon him in 1933.
• e •This so-called Miss Garcia has
served in the ranks of the largearmy of New York's amusementblondes. She took her name offthe lid of a cigar box when shewas a tobacco-selling and hat-chl:!cking siren in the Cotton clubof Harlem. where she met the im-pulsive Rubinolf. Before that sheheld been a chorus girl in a fewBroadway shows. a hat check girlin Connie's inn. a taxi dancer inthe Blue Bird hall, a beamingblue-eyed hcstess here and therein the razzle-dazzle zone of Man-hattan cafes.In February, 1934, Miss Garcia
filed suit for $100.000against Rubi-noff. alleging seduction un d e rpromise of marriaqe. Thus thesuit emtedcted the passage of theMcNaboe at.' banning all such liti-gation and therefore had to cometo trial unless withdrawn. Peggyrefused to yield to public opinionin the metter, in fact. after the billbecame law she raised her claimfor damages to $500,000, thinking.perhaps. that this was her lastchance. Rubinoff refused to settleor compromise out of court. likemany other .. heart balm" victimsof the past; his attorneys put theirnoses to the ground like relentlesshunting dogs and followed MissGarcia's !lui! back to her child-hood, with surprising resultsPeggy. dressed in her best court-
words, according to Peggy, withwhich Rubinoff urged this adven-ture.) There the violinist worel<Xvender pajamas and spoke ofetchings again; and there in hisroom Peggy fell asleep in the graydawn with one oye open. Enteredthen, as cynical intruders upon theidyllic scene, Herman Rubinoff,brother of the defendant; also Phil-ip Rubinstein. another brother. andBernice Strangler, a secretary.Said Herman:.. How pretty she looks even
when she is asleepl ..Said Miss Strangler:..This will not be so good if the
radio public hears about it. Let'sget her out of here. 'So they all went out and had
breakfast together at the AutomatMiss Garcia also testified that
Rubinoff gave her as tokens of hisesteem a gold watch with a $65price tag attached and his photo-graph, autographed, .. To Peggy, (]wonderful girl," But his affectioncooled rapidly. Several monthslater, meeting him by chance onBroadway, she reproached him forhaving absented himself from hercompany and, was answered cold-ly. Then, according to her story,she asked him:.. Doesn't it interest you to know
that I am going to have a baby? "Apparently it didn't. for he
walked away. She did not becomea mother.Rubinoff's lawyers immediately
began to bear dov-n upon the pointthat in their opinion the charge ofseduction was contradicted byPeggy's past, Embarrassing ques-tions were asked of her and de-nied. A tall, sleek. wasp-waistedyoung man named Armand Ro-lando was brought into the court-room.O.-Do you know anyone ~amed
Armand Rolando? A.-No.O.-Do you remember liVing
with Armand Rolando at 51 West48th slreet late In December. 1932,or early in 19331 A-I do not Idon't remember ever knowing sucha man.But when Rolando was pointed
out to her she said...Yes. I know him He used to
Th. blonde hat check vtrL Peg9Y Garcia (bom PauliD. Mich.Une Taylor), who took the name Garc:la from acigar box. (Tribune photo.)
hang around a dance hall where Iworked."O.-Did you ever tell him that
you were going out with Rubinoffand' were going to cllp him? A.-Imost certainly did not.Then the defense proceeded to
show that Peggy had married afterher alleged aUair with RubinoffShe wept and begged the judge tokeep her husband's nmne out ofthe case, - but It was presentlyestablished that she was the wifeof one Michael La Rocca. a sales-man for a granite firm.
• • e
Then the unveiling of Peggy'spast came to its grand climax Thedefense announced that she hadbeen married In Roanoke, Va.. in1925, when she was 12 years old.She denied this furiously; attorneysfor both sides of the case hurriedto the scene of her childhood. andin a few days an incident of .. To-bacco Road" atmosphere was re-vealed. The county clerk's recordsat Roanoke proved thai on March6, 1925, Pauline Micheline Taylorhad been married to Taylor VanceGuinn, a taxi driver; that an appli-cation for a divorce had been filedon Sept. 20. 1925, and had appar ..ently been dropped, for there wasno entry regarding a decree. Herfather, aged 64. employed as awater corrier by the WPA con-firmed this juvenile marriage.Faced with these findings and
warned against perjury. Peggyfinally admitted that she had beena .. Tobacco Road" bride. Shehad run awa\ from her father'scabin in Roanoke to her mother'shome in Newport News; her fatherhad brought her back to put herto work in the cotton ml1ls; andthat one day, when she was weep-ing over the bitterness of her lot.a man stopped her in' the streetand asked what the trouble wasShe told him, and he said that itwould be easy to free herself from
parental control by getting mar·ried. So she toddled along withthis fellow and within an hour ortwo had promised to love. honor,and obey him. A notation on themarriage license reads: "The glr1and her brother, John Taylor. bothswore as to her age." This.. brother," Peggy stated, was afraud-a friend of the taxi driver'spicked up on the way to the court-house.But instead of nnding a new free-
dom as a child wife she hadwalked into a trap. ThiE taxi driv-er was apparently a pander of themost loathsome type, for Peggytold the court:.. He wanted me to stay at dis-
reputable hotels and houses of 111fame and become a prostitute. Irefused, and he beat me. In afew days I ran away from him.We never lived together as hus-band and wile."Nevertheless the defense pro-
duced testimony of cohabitationand Peggy's claim of phy~ical in-
Unpretentioua ia the VirlJin,ia home iD which P.V91' was hom. uponthe porch of which ahe poa.s with three Neqro boy••
nocence until she met Rubinoffwas discredited.After the ..Tobacco Road" phase
of her story had be~n aired, Peg-gy's current husband, Michael LaRocca, came roaring into the storywith complaints that she had de-ceived him about her past life. Hetold the world that he was throughwith her forever. Whereupon hisfirst wife, Mrs. Kathleen MurrayLa Rocca, with three children.swore out warants against himand Peggy, charging bigamy.
• e e
Peggy's lawyer wanted to with-draw from the case; Peggy said shewas ready to drop it; and thejudge, who had frequently warnedher about the gravity of witnessstand lies, threw it out of court.Moreover, he turned the recordsover to the district attorney to beexamined for possible extortion.The next day Peggy and her hus-band were in jail on the bigamycharge and seeking $2,500 bail.
(Tribune photo.).Off with h.r father to fight herlegal battle iD N.w York. Peg9Ywav •• good-by to Rocmoke, Vcz...
fri.nda cmd neighbol'l.
David RublnoH's reputation as aradio celebrity may be illustrat.dby an anecdote that is current Inthe profession, especially aroundRadio City, New York. JallchaHeifetz, the violin virtuoso of inter-national reputation. seeltlnlll thestudios of the National Broadcast-ing company with his fiddle caseunder his arm, innocently attempt-ed to enter one of the public ele-vators. He was told by the eleva-tor man that musicians carryingInstruments were not permitted toride in his car; such was the ruleof the building management.
The Case ofGarcia Vs.
Rubinoff.. But I am Heifetz," the eminent
artist protested, expecting to beshown some consideration... It wouldn't make any differ-
ence if you were Ruhinoff." the ele-vator man answered ... You'd haveto take the other elevator,"Rubinoff'lI career began as a
boy street musician in Grodno,then in Russian, now in Polish.territory. He played the balalaika,and soldiers of the garrison wouldtoss him an occasional copper. Hisfather planned to epprenttee himto a barber, but his mother, sym-pathetic toward his musical ambi-tions. took in extra bundles of laun-dry and worked overtime for fixmonths in order to buy him a vio-lin-the cheapest 'kind of instru-ment. costinq three and a halfrubles. He scraped away at it inhis basement room, trying to teachhimself, until a humble musiciannamed Max Gottfried volunteeredto give him lessons. David's sister
(Trlbun. photo.)Peg9Y with her fath.r. cr WPA
water carrier of Vhv1Dia,
(A-'-ted P•.••• photo.)Peg9Y t.atified on witae •• atcmd that RubiDoff ClUed her to marry him.
Rose made and mended clothes forthe Gottfrie~ children in order tosquare the account.The boy progressed rapidly .
Presently he had secured a placein the garrison band and had wona scholarship in the Warsaw musicconservatory. When he was 13years old the family emigrated tothe United States, and as a fare-well gift Maestro Gottfried present-ed his pupil with his own much-treasured violin - a Klotz, valuedat $500. Rubinoff's youthful prog-
(A_lated P•.••.•photo.)It ccnn. to Ugbt during the hear-ing of her breach of promise ca ••-the marricrg. UC.1lM i•• u.d In1925 to Pev9Y cmd Taylor V.
Guinn.
ress as a musician in this countrywas acc,omplished with this instru-ment, which he used until he waswell advanced in his profession.It is now in use by his nephew,
e • eThe famUy settled in Pittsburgh.
and there young Rubinoff had hi$flrst experience as an orchestraleader, directing a group of 10-year-old boys. A few years laterhe organized a dance band for aprofessional tour. This carried himto Minneapolia, where he sflttl.d,earning his living as a musicianand studyi.:lg diligently betweenjobs. Improvement In his financialcondition enabled him to buy aGuadlgnini violin, a virtuoso's in-strument, on the instalmer.t plan.Hill career as a feature in the
motion picture theaters startedwith a tour of the Loew circuit.His popularity :ook him to Broad-way, where his audilmce appealw~s signalized by the word. .. Ru-binof( and Hia Violin" in electriclightl over the entrcnee to theCapital theater. He then becamethe musical director of the Para-mount theater and remained lherE!for five years.He made his radio debut in
1931, with Rudy Vallee as his in-troducer. and transferred his musi-cal affections lrom the Guadigninito his present Stradivarius.Two or three years ago he en-
tered the concert field as soloistand guest conductor with varioussymphony orchestras of the popu-lar type. Last summer he ap-peared with the Chicago Philhar-monic orchestra at a free concertin Grant park. A vast audienceestimated at 100,000heard him.Edward Barry, music critic 01
The Tribune, wrote on that occa-sion:.. Rubinoff knows how to charqe
his strings' with such power thatthey seem about to snap underthe pressure, not of his bow butof the emotional drive behind it.He knows, too, how intOXicating ':J
rhythmic fillip you can give to atune by a moment's suspense atits beginning and a gradual accel-ercmdo during its course. . . . Asa conductor he is a master of thearts of pantomime and grimace."When asked to analyze Rubi-
r.ofl's technique as a violinist andto explain his appeal to the massesMr. Barry added this comment:.. Basically he has a good tech-
nique and a canny grasp of themusical and emotional effects ofwhich his instrument is capableHis playing is characterized byexces&ive use of a few deviceswhich are legitimate enough butwhich are cultomarily employedby other fiddlers only for contrastand special effects. These devicesare:... First, extreme richness and vo-luptuousne81 of tone-not a pure,classical tone, but feverilh andvivid... Second, use of rhythmic sus-
pense In pauses before launchingInto a melody and sensual linger-ings over a phrase, and effects ofextreme piquancy. such as an .x-aggerated pizzicato and extremedelicacy of high notes on the Estring... In brief, everything in Rubi-
noU's playing Is exaggeratad-ef·fects of softness, rhythmic pulses,roundnesl of tone. He alwaysstrives to dramatize the music andto make the obvioul emotionalstates in which he deals aeem tre-mendously important,"