Behind the Screenplay “The Adventures of Mark Twain” Correspondence Compiled and Edited by Saskia Raevouri BEHIND THE SCREENPLAY Compiled and Edited by Saskia Raevouri Correspondence Related to the Writing of the Screenplay of “The Adventures of Mark Twain” (1944) Produced by Jesse L. Lasky for Warner Bros. Pictures Screenplay by Alan LeMay Adaptation by Alan LeMay and Harold M. Sherman Addition Dialogue: Harry Chandlee All biographical material based on works owned or con- trolled by the Mark Twain Company, and the play, “Mark Twain”, by Harold M. Sherman. eBook Edition Copyright ©2010 Saskia Raevouri. All Rights Reserved This correspondence is based on letters and documents stored in Harold Sherman’s archives in the Special Collections at the Torreyson Library, University of Central Arkansas at Conway. I hereby thank the staff, especially Jimmy Bryant and Betty Osborne, who have always cheerfully helped me to find what I was looking for during my many visits. I also wish to express my gratitude to Mary Kobiella and Marcia Lynch, daughters of Harold Sherman, and to Betty Lasky, daughter of Jesse L. Lasky. All three of these women have unfailingly cooper- ated with me in my efforts to preserve their parents’ legacies, and in the process have become treasured friends. ISBN# 978-0-9768896-3-2 Produced by Square Circles Publishing www.SquareCircles.com Version 11-22-2010 TABLE OF CONTENTS Publisher’s Page 2 Table of Contents 3 Introduction 4 Cast of Characters 5 1. Sherman and Twain 3 2. Waiting 15 3. Hollywood 51 4. New York Interlude 90 5. Working 98 6. Let Go 105 7. Rehired 123 8. Chicago 135 9. Clara Files Suit 149 10. The Credits 157 11. Planning for Trial 176 12. Previews and Reviews 182 13. Friendship 187 A 436-page PDF file, Behind The Screenplay: Original Source Documents, can be viewed at Jesse-L-Lasky.com and HaroldSherman.com 3 INTRODUCTION This book documents what went on behind the scenes in the writing of the 1944 Warner Bros. feature film, “The Adventures of Mark Twain,” starring Frederic March. The central figures are play- wright and aspiring screenwriter Harold M. Sherman, legendary Hollywood producer Jesse L. Lasky, and Mark Twain’s daughter, Clara Clemens Gabrilowitsch. * * * In the mid-1930s, Harold Sherman (1898-1987), who went on to write bestselling books on subjects ranging from self-help to ESP and life after death, wrote a stage play, “Mark Twain.” He submitted it to the Mark Twain Estate which, in 1936, granted him exclusive dramatic rights for stage, screen and radio, for a limited period. The play was quickly sold to a successful Broadway producer, Harry Moses, but Moses’s terminal illness forced the play to revert back to Sherman, whose rights were extended. Clara Clemens Gabrilowitsch (1874-1962) wrote Sherman that she enjoyed reading his play “enormously,” and after she and Sher- man exchanged a few letters about the work, they, together with Sherman’s wife, Martha, discovered a shared interest in spiritual matters. A close friendship developed among the three. From 1936 to 1939, as their correspondence shows, Sherman continued to try to get his play produced on Broadway first, but with times being hard finally agreed on a sale to Hollywood. Jesse L. Lasky (1880-1958) was a Hollywood pioneer and founder of Paramount Studios. By 1939 he had become an independent pro- ducer whose main interest was biographies of great Americans. The life of Mark Twain was a natural, and Lasky negotiated a purchase for the movie rights, the percentages divided between the Twain Es- tate and Sherman, as Lasky was obliged to include Sherman’s play in the deal. In addition, Lasky hired Sherman to write the preliminary movie treatment for shopping the film around to major studios. This book shows how Jesse Lasky worked with the ambitious but inexperienced Sherman; how Sherman had to swallow his pride when Lasky replaced him with big-name Hollywood writers; how the Sherman-Gabrilowitsch friendship disintegrated as Clara’s dis- satisfaction with the contracts and the final script led her to file suit against the trustees of her own estate; and how the Laskys and the Shermans grew to be personal friends while maintaining a profes- sional distance. It is a small piece of “behind the scenes” Hollywood history. Saskia Raevouri November 22, 2010 4 CAST OF CHARACTERS MAIN CORRESPONDENTS [in alphabetical order] CLARA CLEMENS GABRILOWITSCH, daughter of Mark Twain JESSE L. LASKY, Hollywood producer HAROLD M. SHERMAN, author/playwright/screenwriter OTHER CORRESPONDENTS ABRAHAM L. BERMAN, attorney for Howard Kyle WALTER BRENNAN, actor hoping to play Twain WALTER L. BRUINGTON, Lasky’s attorney MERCEDES DE ACOSTA, playwright, friend Sherman & Lasky JULIUS EVANS, Lasky’s associate producer MONROE GOLDSTEIN, Hollywood agent HOWARD KOCH, Hollywood screenwriter HOWARD KYLE, stage actor hoping to play Twain on Broadway JERVIS LANGDON, nephew of Mark Twain CHARLES T. LARK, attorney for the Mark Twain Estate BESSIE LASKY, wife of Jesse Lasky ALBERT BIGELOW PAINE, Mark Twain’s official biographer WINFIELD SHEEHAN, 20th-Century-Fox production head RUBY SKELLY, Hollywood studio secretary, Sherman friend HELEN L. STARR, secretary to Charles T. Lark JACK WARNER, Warner Bros. studio head PROMINENTLY MENTIONED MR. & MRS. ARTHUR BERG, composer & wife DAVE DIAMOND, Hollywood agent ANN FROELICH, Hollywood screenwriter WILLIAM HURLBUT, Hollywood screenwriter LUCY MAY KOCH, estranged wife of Howard Koch GEORGE JR. & HELEN LARK, son & daughter-in-law of Lark BETTY LASKY, daughter of Jesse & Bessie Lasky BILLY LASKY, son JESSE LASKY JR., son MRS. LASKY, mother of Jesse Lasky ALAN LeMAY, screenwriter hired to work with Sherman BOB LONGENECKER, agent MR. & MRS. LOOMIS, Mark Twain’s niece and her husband HARRY LOOSE, friend of the Shermans, living in Los Angeles FREDERIC MARCH, actor playing Mark Twain in the film WILLIAM MORRIS, agent EDDIE RICKENBACKER, WWI fighter ace MARTHA SHERMAN, wife of Harold Sherman MARY & MARCIA SHERMAN, daughters of Harold & Martha MOTHER SHERMAN, mother of Harold Sherman ELLIS ST. JOSEPH, Hollywood screenwriter FRED STONE, actor suggested for role of Mark Twain on stage HAL WALLIS, production head at Warners CHARLES WHITMORE, friend who underwrote Sherman in 1930s SIR HUBERT WILKINS, Arctic explorer, mutual Lasky friend LOUIS ZARA, novelist Sherman recommended to Lasky as writer 5 1. Sherman and Twain HOW I BECAME INVOLVED WITH MARK TWAIN by Harold Sherman In the middle 1930’s, the idea came to me that I might drama- tize, for radio, stage and screen, the life of America’s great humorist, Mark Twain. Inquiry revealed that the rights to do this would have to be secured through the Mark Twain Estate, which had been es- tablished following Twain’s death for the purpose of handling the sale and other business relative to his many literary properties. I found that this Estate was managed by an attorney, Charles T. Lark, with office on Fifth Avenue [in New York City]; that he was one of the trustees, and that he had been the lawyer who had drawn up Twain’s will and acted as his executor. The Estate was being op- erated for Mark Twain’s only surviving daughter, at that time Mrs. Ossip Gabrilowitsch of Detroit. I realized that my ambition to dramatize Mark Twain’s life could not be achieved unless I was willing to invest my time and talent in preparation of a full and complete synopsis which might be pre- sented to Mr. Lark in proof of my ability. It was evident that many writers of far greater reputation than mine had sought and were seeking the granting of these same valuable rights. I reasoned that these busy writers would perhaps not be willing nor have the time to prepare any material on speculation but would request these rights of the Estate based upon their established reputations. I therefore decided it was worth the gamble for me to devote all the spare time possible in a study of all writings on, about and by Mark Twain, to saturate my consciousness with his life activities and character, and then to prepare a detailed dramatic outline to show the Estate just how I would propose to handle this subject for the stage. In preparing this work, which required about six months, I con- stantly pictured in my mind its acceptance by Mr. Lark and all concerned, when submitted. My conscious mind tried to suggest, at 6 Sherman and Twain 7 times, that I didn’t have the ghost of a chance in competition with big name authors, that I was wasting my time, and that I was let- ting myself in for a major disappointment. Intuitively, however, I felt that this project could succeed because I had a profound feeling of kinship for Mark Twain who, in his day, had recognizably used these same powers of Extra Sensory Percep- tion [ESP]. I hoped that Mr. Lark and Clara Clemens Gabrilowitsch and Albert Bigelow Paine, Twain’s official biographer, who was then still living, would sense in the reading of my outline that my interest in Twain was not motivated by opportunism but by a deep conviction that my background and understanding could bring Twain to life in dramatic form. When the outline was finally finished, I had it professionally typed and bound and, with that, I was now ready to make contact with Charles T. Lark for the first time. I phoned his office and made an appointment through his secretary. The night before keeping this appointment, in my period of meditation, I had what you might call an imaginary interview with Mr. Lark. I saw myself meeting and informing him of the purpose of my visit. I heard Mr. Lark explain politely to me that the Estate placed a high value upon the dramatic rights to Mark Twain’s life and had turned down many offers and requests from authors. This information was not intuitive, it had been public knowledge. But, as I visualized my interview with Mr. Lark, I felt that the least he could say or do in appreciation of the time and labor I had put upon the script, would be to say that he would read it. If I could get him to agree to this much, in my first contact, I felt that this would be all that I could possibly expect. During this meditation, a definite feeling came to me that Mr. Lark would agree to read the outline and, the instant I had this im- pression, I relaxed and went to sleep in the faith that all would go well with my appointment. Everything did turn out exactly as visualized. Mr. Lark was much impressed by the enormous amount of work I had done on speculation, realizing, as I pointed out to him that, if he did not find my work acceptable, all he had to do was to drop the manuscript in the waste basket since I did not possess the rights and could go no further without legal sanction of the Estate. The copyright laws [were] such that, while much of an author’s writing and life may be in the public domain after his death, and following the expiration of his copyrights, as long as any living 8 Behind the Screenplay relatives remain who require dramatization as a part of any story, permission must be obtained from them or their Estate, for inclu- sion. In this case, Clara Clemens Gabrilowitsch, as one of Twain’s daughters, was to appear in several scenes. Mr. Lark said frankly that he could give me no assurance what- soever that all this work I had done would find favor with the Estate. He showed me a file of letters and telegrams from famous authors and producers, seeking these same rights. He said that Mrs. Gabrilowitsch wanted to make sure that her father’s life would be tastefully and sympathetically dramatized and she did not wish to enter into any contract for such dramatization until she knew ex- actly how the playwright proposed to treat this subject. I left Mr. Lark’s office with a light heart and a growing conviction that ac- ceptance of my outline would be only a matter of time. The waiting periods on any project are the hardest to endure. . . . In about ten days, Mr. Lark’s secretary phoned and asked me to mail to the office a copy of my bibliography. I knew from this that my outline was receiving serious consideration. Two weeks later, Mr. Lark himself called and invited me to lunch. He then reported that he had read the outline and had liked it so much he had mailed it on to the other trustees and Albert Bigelow Paine,* and when he had received favorable replies from them, had sent the script to Mrs. Gabrilowitsch. She, too, had written, expressing her liking for the overall treatment. “And I suppose now,” concluded Mr. Lark, “what you want is the go-ahead?” I told him it certainly was, that I desired to work in close associa- tion with the Estate in the dramatization and, after some discussion, the contract was agreed upon, granting me the exclusive rights in all dramatic forms. [From Know Your Own Mind (New York: C. & R. Anthony, Inc., 1953)] * * * On March 14, 1936, the contract was signed between the trustees of the estate of Samuel L. Clemens, the Mark Twain Company, and Harold M. Sherman, giving Sherman the rights to produce a bio- graphical play based on the life and works of Mark Twain on the legitimate stage, as well as the “motion picture, television, radio and marionette rights.” On March 21, 1936, an agreement was signed between Albert Bigelow Paine and Sherman granting Sherman the Sherman and Twain 9 right to use extracts or quotations, or otherwise symbolize incidents of the life and sayings of Mark Twain based on Paine’s work, sub- ject to the approval of Paine. Stage actor Howard Kyle, who had originally interested Sherman with the subject matter and who had introduced him to Charles T. Lark, attorney for the estate, signed a binding agreement with Sherman on April 16, 1936, giving Kyle 5% of royalties on the stage production of “Mark Twain.” It was also stipulated in the contract that Sherman would urge producers to select Kyle as the actor most qualified to portray Twain on the stage. On July 11, 1936, Sherman, writing to wife Martha spending the summer with daughters in Michigan, says, “Today I sold a two weeks’ option on ‘Mark Twain’ to Harry Moses, producer of ‘Grand Hotel.’ Technically, I sold it to Mrs. Moses, who is the power behind his productions, the woman who really selects all his plays. . . . My option calls for a total payment of $1500 advance, $1250 more when deal is closed inside two weeks.” Moses himself was in Mt. Sinai Hospital for exploratory surgery, and Mrs. Moses was “tying the play up so she can go to work on it and try to line up cast and make other arrangements pending her ability to perfect final details with Mr. Moses.” A Dramatist’s Guild contract between Harry Moses & Elsa Moses and Harold M. Sherman for the production of “Mark Twain” was signed on July 15, 1936. DETROIT NEWS “HAROLD SHERMAN WRITES PLAY ON MARK TWAIN” NEW YORK, July 18.—Under a contract signed today, “Mark Twain,” a play by Harold Sherman, formerly of Detroit, will be produced this fall by Harry Moses, producer of the prize-winning play “The Old Maid” and the outstanding hit, “Grand Hotel.” The production of the play by Sherman . . . is to be even more elaborate than “Grand Hotel,” the estimated cost being $75,000. This places it in a class far beyond any strictly dramatic production yet planned for the coming season. It is to be 13 scenes with a cast of more than 60 persons. Rehearsals will begin between the middle of September and Oc- tober 1 with a Broadway opening early in November. The star for the name part has not yet been selected. The story, told in episode form, deals with Twain’s life from the age of 35 until his death and in addition to the humor and drama of his history stresses strongly the romance between him and Olivia Lewis Langdon, whom he married, with sidelights on the lives of Clara Clemens Gabrilowitsch and other members of the family. Sherman was selected by the Twain estate to write the stage, screen and radio versions of Twain’s life. . . . 10 Behind the Screenplay On August 18, 1936, Paine wrote to Sherman, “I received a tele- gram this morning from Mrs. Gabrilowitsch asking me to say to you that she must see a copy of the play immediately. . . . I hope you have a revise ready to send, for she seems to be impatient. . . . I still retain pleasant impressions of the script, and hope all may go well with it. . . .” Sherman wrote to Mrs. Gabrilowitsch immediately, advising her that he had sent her a script “finally revised through a careful going over by Albert Bigelow Paine.” He added that Walter Huston and Fred Stone were being considered for the lead role, that he will be appreciative of any suggestions and looks forward to the privilege of meeting her and her husband, noted pianist and orchestra con- ductor Ossip Gabrilowitsch. Three days later Gabrilowitsch sent Sherman a telegram: “En- joyed your play enormously. Am writing about it tomorrow . . . I request you on no account to engage Fred Stone for the imperson- ation of Mark Twain . . . it would be fine if you could secure Mr. Huston.” In a letter dated August 24, 1936, Gabrilowitsch told Sherman, “I have had tremendous pleasure in reading your play which certainly has been written with great care and sensitive understanding of the different members of my family. . . . I want to say that there are, nevertheless, some suggestions I would like to make of an important nature . . . difficult to express in a letter, and so I am going to ask you if you could not manage to come on to Detroit at your very earliest convenience and have a conference with me,” mentioning that her husband was ill and that she could not leave his side. She continues, “It is too bad that I did not know anything about the play until by accident I saw a statement regarding it in the newspaper a couple of weeks ago. . .” She adds, “It is easy to see that you have approached the subject with warm sympathy and appreciation of the serious side of my father’s character . . . most people regard him only from the humorous angle.” Sherman’s response has not been found, but on August 27, 1936, Gabrilowitsch comments on it, saying that she is “more than will- ing to give Fred Stone the benefit of the doubt since Huston cannot be secured.” Apparently Sherman told her that he could not come to Detroit right away, in which case Gabrilowitsch feared that “the play opening may need to be postponed as my trustees have assured me that the contract with Sherman reserves the rights of the estate to approve the script, ‘estate’ meaning my personal approval.”
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