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Spirit of 76 { July 14 1921 } New York Times
July 14, 1921
P 23
Revive 'Spirit of '76,' Film Barred in 1917
Goldstein, Who Produced It, Got Ten-Year Prison Term Under Espionage Act
TO BE SEEN AT TOWN HALL
Film Company President, Who Has Sinn Fein Interests, Denies Anti-British Propaganda
After an examination of the case Federal authorities announced yesterday that they would take no steps to prevent the exhibition at the Town Hall of the film "The Spirit of '76" which in 1917 resulted in the conviction of it's producer, Robert Goldstein, under the Espionage act and a ten-year sentence. Summer lessees of the Town Hall issued a statement yesterday assuring the public that nothing would be presented in the production that would be un-American. In view of the decision of the Federal authorities, if any disturbance should result all legal procedure will be in the hands of the States municipal officials.
The opening was to have occurred tonight, but has been postponed. The original music score for the production was lost and it has been found necessary to hold more rehearsals in order to assemble the music of the new score. The opening date will be announced on Monday or Tuesday.
In the meantime the Town Hall, on Forty-third Street, between Broadway and Sixth Avenue, is gaily decorated with American Flags. Placards announce that the All America Film Company, Inc., will produce "The Spirit of '76" a thirteen-reel film that purports to be a "historical romance of the Revolution."
Behind the making of this film lies and interesting little bit of war history. In the Spring of 1917 Robert Goldstein was the moving spirit of the staging of a film that showed British soldiers in the Revolution spitting American babies on their bayonets and King George III crashing his fist in the face of kindly old Benjamin Franklin. The film was declared to be propaganda against the allied and associated powers, and discouraging to recruiting for United States armed forces. Goldstein was tried in Los Angeles and sentenced to ten years in prison and a fine of $5,000 for violation of the Espionage act. Later President Wilson remitted the fine and commuted the sentence to three years.
The All-America Film Co. only a week old, with offices at 10 West Forty-fourth Street, is headed by James S. Keily, Vice President of the All-America Brokers, Inc., at the same address, formed last September under Sinn Fein auspices to attract insurance business away from foreign companies. As a side issue the All-American Brokers Inc., began the publication of the Sinn Feiner, a weekly magazine.
Keily declined to name the officers of the film Company, saying: "It is a $50,000 corporation, with Goldstein owning half the stock and I the other half, but Goldstein is not an officer of the company. He is known as the producing director. I am the whole bag of works here and will do the talking. Goldstein came to me with his film as a business proposition. It looked good to me and I invested.
"I am an Irishman, and like all Irishmen I am interested in freeing Ireland. There is no anti-British propaganda in the picture. Of course, it doesn't make the British out as angels. Yes, suppose Goldstein was sent to jail for producing the picture. He was railroaded there, but he is free now."
Assistant United States District Attorney John E. Joyce, commenting on the Espionage act, said: "Goldstein was convicted under Section 3 of the act which provides a penalty for discouraging recruiting," he said. "There is no recruiting for war purposes now, and consequently the Federal authorities have no cause for preventing production of the film. Such responsibility rests with the State authorities, should the production of this motion picture in their judgment result in a breach of the peace."
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