Banjoman Conmen

Note: This account was written in 2012. 

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Upon hearing the news of musician Earl Scruggs’ death, on Mar. 28, 2012, my thoughts went straight to a then-36-year-old memory connected to a Scruggs documentary that played for two weeks in January of 1976 at the Biograph Theatre (which I managed at the time). The film was “Banjoman” (1975).

As “Banjoman” had only been in release for a couple of months when it played at the Biograph, the two young independent producers/filmmakers/distributors of the movie told me they were learning the distribution business on the fly. When their 105-minute movie opened at the Biograph they were there, too ... they had brought the 35mm print with them. They also brought with them the monster-sized sound system that was used to present the film to our patrons.

The filmmakers/distributors were my age (I was 28 at this time). And, I almost think there was a third guy, but I’m not sure. My bosses in D.C. had booked the film sometime after meeting one (or more) of the filmmakers in a social situation; I don‘t remember the details of that occasion.

Traditional distributors, like Paramount, Warner Bros., UA, and so forth, generally shipped the prints of their films by way of a courier accustomed to handling film shipping cans. Although it was unusual for distributors to travel with a print of a movie in the trunk of their car, it was not unprecedented. As an independent exhibitor, the Biograph booked product from various sources that large movie chains would have routinely ignored.

“Banjoman” was just such a situation and its distributors actually hung around at the theater during screenings. They seemed like nice enough guys ... at first.    

Clue No. 1: It was unusual when my bosses had me pay those guys their cut of the first week's gross  directly in cash from box office receipts. But it was not my job to question it. Then, when they had to leave after the first week to work in another city, we also advanced them some money against anticipated receipts. That surprised me, but I don't remember if I said so. 

Since they didn’t have much in the way of pressbook materials, ad slicks, etc., I created the Biograph’s display advertisements for the newspaper. I used stills from the film that I had half-toned and I had some type set and pasted it all up. That led to me agreeing to create similar materials for the "Banjoman" guys to use in other cities. We agreed upon my price; it was something quite reasonable, like $250; plus what it cost me to produce a stack of different sized ad slicks for them to use in other cities. 

At that point I think they had two other prints of their movie (with sound systems) working on the road in the Southeast. We kept in touch by telephone. They were anxious to get their new promotional materials from me for their other play-dates. So I did a rush job for them, which they said they greatly appreciated.

Then came the day to ship their print and sound system to them in another city. The run at the Biograph was over. When the truck driver came by the theater he told me his helper wasn’t with him, so I needed to put the rather heavy equipment on his truck. 

Well, at the time, I was the only one in the building and I was nursing a slipped disc in my lower back. Unless I wanted to be laid-up for a spell, I couldn’t lift the stuff. 

When the driver asked me how long it would take to get somebody there, to do the lifting, it annoyed me. Therefore, I told the driver it was his job to get that junk on the truck, just to come back the next day with a helper. Yet, as I spoke with him I suddenly had a hunch that something was wrong. 

The truck driver shrugged and said, OK, he’d come back tomorrow. When I told one of the “Banjoman” guys what had happened, he said there was still plenty of time to get the equipment set up for the next engagement. So shipping it out the next day would be fine.

Clue No. 2: Later that same day the mailman delivered a bank notice that a $200 check they had written to me had bounced. Uh-oh!

At this point, in addition to that check, they owed me another $600, or so, most of which I owed to a printer. And, they owed the Biograph maybe another $300, or so, because in the second week of their film’s run it didn’t live up to expectations. It failed to cover the advance in rental they had received.

By coincidence, I talked with my friend Dave DeWitt right after I got the rubber check in the mail. Dave had moved from Richmond to Albuquerque about a year earlier. At this time he was hosting a late night movie program on television there.

When I told Dave about the check and about my hunch to delay shipping the equipment, he said he’d heard of the guys who had produced "Banjoman." He told me he wanted to do a little checking up on them.

Dave called back soon to tell me the jokers I’d been dealing with had left a trail of angry people behind them out in the West, back when they were shooting concert footage of Scruggs' tour. It seemed they had found ways to do a lot of things without paying up front. They had also ripped off a movie theater that had played "Banjoman," just a month before.

After that unsettling news I told the guys who had been conning me that until they settled up, I was keeping their sound equipment and print of "Banjoman." They threatened me with legal action. After a couple of months with no word from them I sold off their sound equipment, it was the sort of stuff a band might use.

Then some time later, maybe another couple of months, I was indeed served with legal papers. By way of a local attorney they sued me for about $90,000. Don't remember how that figure was generated. I laughed and offered their lawyer the print of the film and about $800, which was what the equipment brought in, minus what they had owed the boys in D.C. and me.

Over the telephone line they huffed and puffed again. At this point, I handed over their print of "Banjoman" to the local attorney. After a few weeks of silence, they agreed to take the $800. In my view, they were lucky to get that. My guess is most of that dough went to that local attorney. Or maybe they somehow stiffed him and moved on.

Never heard another word from those guys. Ever since this oddball episode, when I hear Earl Scruggs’ banjo, I can't help but think of the weaselly Banjoman Conmen. RIP, Earl.    

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