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Benny the Smuggler #1939TheMiracleYear

1939 The Miracle Year Benny the Smuggler

I came across a surprising little bit in Variety dated 1/10/1939. The radio comedian/violinist Jack Benny made a court appearance in New York to answer to a charge of smuggling.

Based on the strength of his popularity over the air waves he had returned to the silver screen with a contract at Paramount (an initial contract with MGM in the late 1920s, was cancelled due to low grosses on his films for them). So, for a decade now he and his wife Sadie Marks (aka Mary Livingstone) were living in LA. These charges forced him to make repeated trips across the nation to tend to this matter. And in January 1939, as the case came to a close, he had to to leave off production on his then current Paramount film – “Man About Town.”

The article goes on to list his lawyer and his agent who were advising him. The best advice, however, came from his New York lawyer – another surprise – a man by the name of Colonel Bill Donovan.

This was a name I immediately recognized – the future founder of the OSS (the precursor of the CIA).

Of course, this immediately raised all sorts of speculation, indeed plots for screenplays percolated in my brain, involving a reluctant performer doing the bidding of a spymaster in a bumbling manner behind the lines in Fortress Europe in the coming world war.  (Not quite the plot for “To Be or Not to Be,” but what if?)

Further research revealed a more mundane course of events. Mr. Benny had been preyed upon by a conman on a trip to France where he bought over $2000 worth of jewels for his wife. The gentleman falsely claimed to hold diplomatic immunity when he offered to carry Benny’s valuables through customs, thereby avoiding duty taxes. In this the comedian foolishly acquiesced (as the judge duly noted when he passed sentence on him – a suspended sentence and a $10,000 fine).

Donovan, in his capacity as Benny’s legal advisor had wisely counseled him to plead no contest, and to take an apologetic stance before the bench. To do otherwise Wild Bill thought would threaten any good will his audience felt towards him.

His film ‘Man About Town’ premiered in Benny’s hometown of Waukegan IL on June 25th, with general release in early July 1939.

Other than this post I don’t plan to cover it any further in this series. It did smash summer business, which in itself was a minor miracle for Paramount, but it has not stood the test of time. As its contemporary critics noted, the music numbers ground the forward momentum to halt, something for which today’s audience have little patience.

About rwoz2

Poet, historian, writer for stage and screen. Responder to Jesus (Romans 5:8)

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