juarez essay

AN ANALYSIS OF “JUAREZ” (1939)
with reference to “The Mad Empress” (1939)
Robert Short
(Spelling note: The correct spelling of the name of the Empress is “Carlota” with a single “t”. Many sources misspell the
name as “Carlotta”. The correct spelling will be used throughout this essay, except where the misspelled name has been
used in a quote from a written source. The same principle has been applied for the name “Juárez ”. When referring to the
real historical personage, the correct spelling of “á”, with the accent, will be used; when referring to the title of the film, or
when the name has been included in a quote from a written source, the accent will be omitted.)
LIST OF ILLUSTRATIONS
Figure 1: Perc Westmore, head of Warner Bros.’ make-up department transforms Davis . . . . . . . . . . . . . . . . . . . . . . . Page 7
Figure 2: One of the many windows secured by Warner Bros. in advance of the world premiere of "Juarez” . . . . . . . Page 9
Figure 3: Among the invited guests to the New York City premiere of “Juarez” . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 10
Figure 4: Full-page advertisement for “Juarez” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 14
Figure 5: Erich Korngold with Max Steiner and musical director Louis Forbstein . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 15
Figure 6: A segment of the music underscoring Empress Carlota’s (Bette Davis) prayer for a child . . . . . . . . . . . . . Page 16
Figure 7: Empress Carlota (Bette Davis) and Emperor Maximilian (Brian Aherne) listen to the song “La Paloma” . Page 16
Figure 8: Composer Erich Korngold is shown conducting the 154-piece symphonic background . . . . . . . . . . . . . . . Page 17
Appendix I: The Faces of History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 22
Appendix II: Production Posters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 23
1

HISTORICAL BACKGROUND AND TIMELINE
on which the film “Juarez” has been based
1858 – Benito Juárez became President of the Republic of Mexico
1861 – The Second French Intervention in Mexico, an invasion of Mexico, was launched in late 1861 by the Second
French Empire under Emperor Napoléon III. This intervention, initially supported by the United Kingdom and
Spain, was a consequence of the July 1861 imposition by President Juárez of a two-year moratorium of loaninterest
payments from July 1861 to French, British, and Spanish creditors. To extend the influence of Imperial
France, Napoléon III instigated the intervention in Mexico through the claim that the military action was a foreign
policy commitment to free trade; the establishment of a friendly monarchy in Mexico would ensure European
access to Latin American markets and French access to Mexican silver. To realize his ambitions without
interference from other European countries, Emperor Napoléon entered into a coalition with the United Kingdom
and Spain, while the United States, occupied at the time with the American Civil War, was not able to enforce the
Monroe Doctrine, an American policy that opposed European colonialism in the Americas.
1863 - Napoléon offered the crown of Mexico to Archduke Maximilian of Austria, who accepted in October 1863.
Maximilian’s decision resulted in the loss of all his rights of nobility in Austria.
1864 - Maximilian and wife Princess Charlotte of Belgium, known as Carlota, landed in Mexico on May 29, 1864.
1865 - After the end of the American Civil War, U. S. President Andrew Johnson invoked the Monroe Doctrine,
recognizing the Juárez government as the legitimate government of Mexico. Diplomatic pressure was increased to
persuade Napoléon to end French support of Maximilian, and to withdraw French troops from Mexico.
1866 - Empress Carlota travelled to Europe, seeking support for Maximilian’s regime in Paris, Vienna, and finally from
Pope Pius IX in Rome. Her efforts unsuccessful, Carlota suffered a deep emotional and mental collapse, never
returning to Mexico.
1867 - Although having been urged by Napoléon himself to abandon Mexico, Maximilian refused to desert his
followers, fighting on with his army of 8,000 Mexican loyalists. Mexico City fell on May 15 1867; Maximilian
was captured on May 16, 1867, one day after the fall of the city, to the Republicans, following the failure of an
attempt to escape through Republican lines. Sentenced to death after a court-martial, Maximilian was executed on
June 19, 1867; despite pleas from many of the crowned heads of Europe and other prominent figures, including
Victor Hugo, for the Emperor's life to be spared, Juárez refused to commute the sentence.
2

“JUAREZ” (1939) Directed by William Dieterle. Screenplay by John Huston, Æneas MacKenzie, and
Wolfgang Reinhardt. Musical score by Erich Wolfgang Korngold. Starring Paul Muni, Bette Davis,
Brian Aherne, Claude Rains, John Garfield, Gale Sondergaard, Donald Crisp, Gilbert Roland, Louis
Calhern, Grant Mitchell. Produced by Warner Bros.
ABSTRACT: Emperor Napoléon III of France (Claude Rains), his wife Empress Eugénie (Gale
Sondergaard), and Napoléon’s ministers establish a plan to force the people of Mexico to overthrow the
government of President Benito Juárez, and vote for monarchical rule; Mexico will have an Emperor to
be named and controlled by Napoléon. Archduke Maximilian von Hapsburg (Brian Aherne), brother of
Emperor Franz Josef of Austria, is chosen; after he and wife Princess Carlota of Belgium (Bette Davis)
arrive in Mexico, Maximilian faces endless conflict with Juárez; after several months the “puppet”
emperor comes to realize that he has been duped by Napoléon.
“Studying history in moving pictures is a complex undertaking [. . .] For students of history and
students of film, it explores the rich potential of the medium as a historical resource [. . .] Studying
history through film involves much more than simply scrutinizing movies for historical accuracy,
though that is an important part of the analysis”. 1
- Maarten Pereboom, “History and Film: Moving Pictures and the Study
of the Past”
“If the movie presents itself as a work of ‘fictional history’, identified by that disclaimer that used to
appear in many films as: ‘any resemblance of real persons to those portrayed in this film is unintended
and coincidental’, then I know that I'm watching something that is partly or totally a work of fiction.” 2
While presenting a narrative based on general historical fact, “Juarez”, like many films of a similar ilk,
took liberties with the specific facts in favour of greater dramatic effect; as a safeguard, the opening
credits of the film bore the disclaimer “This production has its basis in history, fictionalized for the
purpose of this picture”. 3 As noted by scholar John N. Dunbar, Ph.D., “The objective of the historian is
to tell the story of what really happened. To that end he includes what are essential historical facts and
omits things that are not relevant to the telling of the story [. . .] In a fundamental sense the facts 'speak
for themselves and cannot be arranged, shaped, selected’”. 4 Conversely, as further observed,
“Hollywood is not a school for teaching history; its business is making money and history needs
1
Maarten Pereboom, “History and Film: Moving Pictures and the Study of the Past”, New York: Routledge, 2016,
retrieved from https://books.google.ca/books
2
John N. Dunbar, Ph.D., “A Critical History of History in Moving Pictures”, Indiana: Author House, 2014, xiii
3
Quoted from a still frame of the motion picture “Juarez”, copyright June 10, 1939, as cited in the Library of Congress
Catalog of Copyright Entries, Part 1. [C] Group 3, Dramatic Composition and Motion Pictures. Washington, D.C.:
United States Government Printing Office, 1939, 145
4
Dunbar, “A Critical History of History in Moving Pictures”, 160
3

considerable editing and adaptation.” 5 It may be concluded that the primary purpose of a feature film is
to entertain; a documentary will educate.
While the historical reality in “Juarez” might have been fictionalized in a number of respects, the
production nonetheless enjoyed the benefit of extensive efforts by Dr. Herman Lissauer, head of
Warner Bros. research department, to ensure that all manner of details were as authentic as possible.
Dr. Lissauer reportedly purchased three hundred books on the subject matter; further, two historians
were enrolled to assist with the screenplay writing. Lissauer’s research was apparently rich in
information; director William Dieterle would ask such questions as “How did Maximilian's mother
begin and end a letter to him?”, to which Lissauer would dutifully answer “She called him Max or ‘my
Max’.” 6
Officially based in part on Franz Werfel's 1925 play “Juarez and Maximilian”, whose title was not
specifically named in the film’s credits, and the 1934 novel “The Phantom Crown”, Bertita Harding’s
first literary work, the screenplay of “Juarez” 7 was prepared by John Huston, still several years away
from his acclaimed directorial debut of “The Maltese Falcon”, Æneas MacKenzie, and Wolfgang
Reinhardt, son of famed theatrical impressario Max Reinhardt. 8 In addition to the $6,000 paid for
Werfel’s play, which producer Hal Wallis erroneously called “Maximilian and Carlotta” in his 1980
autobiography “Starmaker”, Warner Bros. needed to pay an additional $1,200 to the play’s publisher,
Paul Szolany Verlag, which held the copyright. Playwright Werfel, who was Jewish, refused the studio
the rights if the Nazi-controlled publisher received any financial compensation; producer Wallis
worked out any arrangement with Szolany to pay him twenty percent of the amount paid for the screen
rights, the percentage totalling $1,200.
While Werfel’s play had the two title characters seen as embodiment of two conflicting concepts, with
Maximilian an introspective man and Juárez a modern pragmatic rationalist, the film served as “a
strong anti-facist metaphor”. 9 Despite its mid-nineteenth century setting, the screenplay of “Juarez”
bore numerous parallels to the present-day global circumstances, moving anti-fascism into the “center
5
Ibid., 159
6
General research record, “Juarez”, Research File, USC-WB, retrieved from Saverio Giovacchini, “Hollywood
Modernism: Film and Politics in the Age of the New Deal”, Philadelphia: Temple University Press, 2001, 246
7
The original working title of the film was “The Phantom Crown”. A news item in Variety, dated August 9, 1938,
reported “Bette Davis' next starring role at Warners is Carlotta, in ‘Phantom Crown,’ a yarn of Maximilian's short career
as the last royal ruler of Mexico”, retrieved from “Full text of ‘Variety (Aug 1938)’”,
https://archive.org/stream/variety131-1938-08/variety131-1938-08_djvu.txt, September 13, 2019. The film was also
named “The Phantom Crown” in additional items in the Film Daily, “Mexico Okays Script” and “WB to Concentrate
on Action Pictures”, retrieved from “Full text of ‘The Film Daily (Jul-Sep 1938)’”,
https://archive.org/stream/filmdaily74wids/filmdaily74wids_djvu.txt, September 13, 2019
8
Bertita Harding, author of the novel “The Phantom Crown”, also assisted with the script of “Juarez”, according to
“Cronología” by Domingo Rodríguez Romero, retrieved from
https://web.archive.org/web/20160304102034/http://www.editorialnortesur.com/cronologias/Harding_Cronologia.pdf,
and translated from the original Spanish text.
9
Giovacchini, “Hollywood Modernism: Film and Politics in the Age of the New Deal”
4

of Hollywood cinematic discourse”. 10 Co-scripter Reinhardt wrote associate producer Henry Blanke
that the message of the film needed to be so clear that “every child must recognize that Napoléon with
his Mexican intervention is no one else than Mussolini and Hitler and their adventure in Spain”. 11 U.S.
Left critics praised the film’s stand on contemporary anti-fascist issues, such as the defence of
democracy; connections were drawn between Juárez’s fight against the political encroachment of the
French under Emperor Napoléon III and the 1938 expropriation by Lázaro Cárdenas, President of
Mexico from 1934 to 1940, of the equipment of the foreign oil companies in Mexico, both symbolizing
the removal of occupying foreign powers in Mexico. Warner Bros. displayed no reluctance in
revealing the analogies of nineteenth-century Mexico with twentieth-century history; the studio’s press
release for “Juarez” proclaimed:
“In the year 1939, there are leaders whose principles are those of authority, whose selfish
interests demand conquests, opposing heroes whose love of liberty demands equal rights for
all.... Like Benito Juarez, the lives of Jan Masaryk and Eduard Benes (leaders of the recently
Nazi Occupied Czechoslovakia) are dominated by the principles of democracy.... The theme of
the picture, that democracy can make no condescensions to the most benevolent
authoritarianism is significant to the present day world.” 12
Its narrative unfolding in a unique fashion, “Juarez” was nonetheless presented in a more traditional
manner than its theatrical source. In Werfel’s 1925 play, the character of Juárez actually never
appeared on the stage, although he remained an omnipresent driving force. In the film the major
protagonists never meet; although their combat was intertwined, the story of Maximilian and Carlota
was presented in a “side-by-side” manner with that of Juárez. 13
In the late 1920’s and early 1930’s, British-born actor George Arliss was Warner Bros.’ resident player
of historic characters, having portrayed British Prime Minister Benjamin Disraeli in 1929, for which he
received the Best Actor Academy Award, Alexander Hamilton in 1931, and Voltaire in 1933, in
eponymously titled films. 14 In the later 1930’s the baton was passed to Paul Muni. An established star
at the studio, Muni had appeared in such dramas as “I Am a Fugitive from a Chain Gang”,
“Bordertown”, and “Black Fury”; his 1936 performance in the title role in “The Story of Louis
10
Ibid., 93
11
Ibid., 92
12
Colin Schindler, “Hollywood in Crisis: Cinema and American Society 1929-1939”, United Kingdom: Taylor & Francis
E-library, 2005, retrieved from https://books.google.ca/books
13
It might be argued that Maximilian and Juarez did “meet” in a sense in the historically fictional final scene, in which
Juárez goes to the bier of the executed emperor. The scene was, however, staged and assembled in such a way that the
two characters are never seen together in the same frame.
14
After leaving Warner Bros. in 1933, Arliss played historical figures in three more films before his retirement in 1937,
namely Baron Nathan Rothschild in “The House of Rothschild”, Cardinal Richelieu in the film of the same name, both
films released by Twentieth Century Pictures, later Twentieth Century-Fox, in 1934 and 1935 respectively, and the Duke
of Wellington in the British-made “The Iron Duke” in 1935.
5

Pasteur”, which earned Muni an Oscar as Best Actor, led to a trilogy of biographical portrayals for
Warner Bros., namely Pasteur, Émile Zola, and Benito Juárez. 15 The news of Warner Bros.’ planned
filming of “Juarez” had piqued the interest of several actors, including Fredric March, Edward G.
Robinson, and Francis Lederer, the latter of whom lobbied for the role of Maximilian, while Melvyn
Douglas was “so anxious to do it” that he was willing to plead with MGM producer Eddie Mannix to
be loaned to Warner Bros. as “a personal favor.” 16
Muni, a “Method actor before the Method was even understood or entered the theater lexicon”, 17 was
known for his detailed preparation, completely submerging himself into the historical figures whom he
played; his portrayals of Pasteur, Zola, and Juárez were not variations of the actor, but offered complete
characterizations, “meticulously emulating gestures, facial expressions, and personal tics of the
biographee.” 18 In August 1938 a delegation comprised of Muni, producer Wallis, director Dieterle, and
associate producer Blanke visited Mexico City, where President Lazaro Cardenas granted Wallis the
government's complete co-operation in the filming of “Juarez”; while there, Muni even met an 116-
year-old man who had fought under Juárez. Muni’s quest for authenticity exceeded fact-finding details;
the actor demanded that he appear on-screen looking exactly like Juárez. Transforming Muni into
Juárez, a Zapotec Indian, proved a laborious process; as described by Percival “Perc” Westmore, head
of Warner Bros make-up department, “We started by taking photographs of Muni, then painting the
likeness of the Indian Juarez over them. We took plaster casts of his face. We had to accentuate his
bone structure, make his jaws appear wider, square his forehead, and give him an Indian nose. He had
to be darker than anyone else in the picture, so we used a dark reddish-brown makeup, highlighted with
yellow.” 19 Muni’s obsession for strict realism may have culminated in a somewhat misguided result.
Upon seeing the make-up tests studio head Jack Warner apparently remarked, “You mean we're paying
Muni all this dough and we can't even recognize him?”; 20 co-star Bette Davis observed “But he [Muni]
was his own worst enemy. Why did he hide behind the characters so much? . . . He could have
accomplished his purpose without that rubber face.” 21
Transforming Davis into Empress Carlota and Brian Aherne into Emperor Maximilian was a far less
cumbersome process; as described by studio make-up Westmore “Bette Davis didn't need many
makeup tests. I wanted her to look as fragile as Dresden china [. . .] With a very light make-up and
15
After “Juarez” Muni made one more film for Warner Bros., “We Are Not Alone”, also released in 1939. In his post-
Warner Bros. years Muni portrayed two more historical characters, explorer Pierre-Esprit Radisson in “Hudson’s Bay”,
released in 1941 by Twentieth Century-Fox, and Józef Elsner, composer Frédéric Chopin’s teacher, in “A Song to
Remember”, released in 1945 by Columbia Pictures.
16
Giovacchini, “Hollywood Modernism: Film and Politics in the Age of the New Deal”, 93
17
Bernard F. Dick, “Hal Wallis: Producer to the Stars”, Kentucky: The University Press of Kentucky, 2004, 53
18
Gerd Gemünden, “Continental Strangers: German Exile Cinema, 1933-1951”, New York: Columbia University Press,
2014, 58
19
Ed Sikov, “Dark Victory: The Life of Bette Davis”, New York: Henry Holt and Company, 2007, retrieved from https://
books.google.ca/books
20
Ibid.
21
Ibid.
6

dark lip rouge, framed by her black wist her face looked definitely chiseled,” 22 According to Warners’
publicists, the black hair used for Davis’s wig was provided by fourteen women at a cost of $2,500; to
portray the blond Maximilian, Aherne's hair was bleached. Maximilian’s beard proved a more
complicated process; a plaster cast of Aherne’s face was made to get the exact shape of his jaw, so that
the beard would fit properly. Each hair had been tied individually to a mask of hairlace, a fine net
which Westmore invented in 1924; Aherne required two and a half hours each morning to affix the
beard.
Figure 1
Perc Westmore, head of Warner Bros.’
make-up department, transforms Bette
Davis into Empress Carlota
Despite her prominent billing, just below Muni and before the title, Davis’s role as Empress Carlota
almost seemed a supporting role 23 in the final release version of “Juarez”. Kay Francis, once the
reigning queen at Warner Bros. and the studio’s most highly paid performer, 24 desperately wanted the
role; in a 1936 interview with the editor of Britain's Film Weekly, Francis revealed that the story of
Carlota and Maximilian was the only pet suggestion she had ever requested of her employers. By
22
Nancy Naumberg, “The Life History of a Movie”, Photoplay, Volume LIII, No. 6, Chicago: Macfadden Publications
Inc., June 1939, 82
23
In their biography “Claude Rains: A Comprehensive Illustrated Reference to His Work in Film, Stage, Radio,
Television and Recordings” (North Carolina: McFarland & Company, Inc., 1999, 79) John T. Soister and JoAnna
Wioskowski described the role of Carlota as “window dressing”.
24
In his 2013 biography “Kay Francis: I Can't Wait to be Forgotten; Her Life on Film and Stage” Scott O’Brien reported
that Francis’s annual salary in 1936 was registered as $227,500, far exceeding the $85,000 salary of the top American
businessman, Harvey S. Firestone.
7

1938, however, Francis had been relegated to the lower-tier “B” movie circuit, having lost favour with
Warner Bros. executives; Davis was rushed into the production of “Juarez” on December 12, 1938,
only one week after finishing “Dark Victory”, for which the two-time Academy Award-winner would
eventually receive her third Oscar nomination. As originally filmed, the part of Empress Carlota was
more substantial. Due to the odd construction of the narrative, wherein the protagonists shared no
scenes together, Davis and co-star Brian Aherne, who would become an unsuccessful contender for an
Academy Award as Best Actor in a Supporting Role for his portrayal of the Emperor, had completed
the Maximilian and Carlota scenes before any filming began with Muni. Upon viewing those segments
in a projection room, Muni’s wife Bella apparently commented that the film was a “complete picture
without ever seeing Juarez”; 25 Muni evidently agreed, demanding more scenes “to tip the balance in his
favor”. 26 Warner Bros. acquiesced; 27 consequently a number of Davis's and Aherne's scenes ended up
on the proverbial cutting-room floor. 28 As explained by co-screenwriter Huston, “The original script
was written so Juarez would just come into the story at vital, special moments [. . .] and what he said,
every word counted.” 29 Describing Muni as “a very fine actor but he had a huge ego and was a
humorless man who was vastly impressed with himself”, 30 Huston concluded “His [Muni’s] changes
did the picture irreparable damage”; 31 co-star Davis lamented “Although it was a good motion picture,
the film, before cutting destroyed it in the abattoir, was a great one.” 32
Initially announced for October 24 and later November 7, the production of “Juarez” got underway on
November 14, 1938; filming was completed on February 8, 1939. Described as “one of the company's
most ambitious undertakings in scope and cost”, 33 the production enjoyed a budget of $1,125,000, the
highest allotted for any Warner Bros. film that year. “Juarez” bore the earmarks of an important film;
containing more than fifty speaking parts, the cast featured a number of “bygone luminaries” including
Frank Mayo, Stuart Holmes, Paul Panzer, Holmes Herbert, Fred Malatesta, Montagu Love, and Francis
McDonald. A total of 372 sources were reportedly consulted; 3,643 sketches and 7,360 blueprints for
fifty-four sets, including several Mexican villages, the throne room and living quarters of Chapultepec
Palace, rooms in a castle on the Adriatic, and rooms in a castle in France, were drawn by production
designer Anton Grot and his team. The production marked Warner Bros.’ first use of a new Eastman
25
Bette Davis, “The Lonely Life”, New York: G.P. Putnam’s Sons, 1962, 185
26
Sikov, “Dark Victory: The Life of Bette Davis”, retrieved from https://books.google.ca/books
27
In “The Lonely Life” Davis reported that Muni brought an additional fifty pages of script.
28
A news item in The Film Daily announced that Warner Bros. had “virtually decided to send out ‘Juarez’ in two parts, to
be released about two weeks' apart. Execs. are said to feel that the story cannot be told adequately in less than 14 to 16
reels [approximately 154 to 176 minutes], and are disinclined to make further cuts because the footage is that good”
(retrieved from “Nazi Spy in Hollywood?”, The Film Daily, Vol. 75, No. 49, March 14, 1939, 7). This plan was never
realized and the footage cut from the final release version of “Juarez” is presumably lost forever.
29
Sikov, “Dark Victory: The Life of Bette Davis”, retrieved from https://books.google.ca/books
30
Lawrence Grobel, “The Hustons: The Life and Times of a Hollywood Dynasty”, New York: Skyhorse Publishing,
2014, retrieved from https://books.google.ca/books
31
Ibid.
32
Davis, “The Lonely Life”, 185
33
“Only Six Start”, Motion Picture Herald, Vol. 133, No. 9, November 26 1938, 23
8

high-speed film; subject to two months of exhaustive tests by cinematographer Tony Gaudio, the
Eastman film emphasized the illusion of depth and significantly reduced the illumination factor. 34 The
Motion Picture Herald reported that celebrity portrait photographer George Hurrell had developed
Warnercolor, a new still photography colour process to be used for the first time in “Juarez”. 35
Figure 2
One of the many windows secured
by Warner Bros. in advance of the
world premiere of "Juarez” in New
York City. In this display were
copies of the jewellery and the
original gown worn by Davis in
her role of Empress Carlota
Numerous other windows used for
the publicity of the film included
book tie-ups, saddlery, and
silverware.
Promoted by Warner Bros. with a $100,000 advertising campaign, “Juarez” was proclaimed in its
official trailer as “a masterpiece of unforgettable greatness”, 36 further enjoying such typically bombastic
advertising taglines as “The Screen’s Greatest Stars in a Triumph Mightier Than ‘Zola’”, 37 “Acclaimed
by the World as the Mightiest Screen Adventure of Our Time!”, 38 “So Momentous It Required Six
34
Some sources have erroneously indicated that Gaudio received an Academy Award nomination for his cinematography.
The nominations for 1939’s Best Cinematography, Black-and-White, were limited to two competitors, “Wuthering
Heights” and “Stagecoach”; Gregg Toland took the award for “Wuthering Heights”.
35
The process involved “a camera which shoots three plates simultaneously, registering yellow, red and blue. A special
color-corrected lens is employed and special color plates are required.” (retrieved from “Color Process to Be Known as
Warnercolor”, Motion Picture Herald, Vol. 133, No. 8, November 19, 1938, 32). Hurrell’s still photography process
should not be confused with the motion picture filming technology WarnerColor. A single-strip method of colour
cinematography, WarnerColor was less expensive and less cumbersome than Technicolor, and first used in the filming
of the 1952 western “Carson City” (retrieved from “Eastmancolor”, Wikipedia, The Free Encyclopedia,
https://en.wikipedia.org/wiki/Eastmancolor , September 19, 2019 and “Carson City (film)”, Wikipedia, The Free
Encyclopedia, https://en.wikipedia.org/wiki/Carson_City_(film ), September 19, 2019).
36
Quoted from a still frame of the original promotional trailer for the motion picture “Juarez”. Trailers created prior to
2000 did not have copyright notices and are essentially in the public domain (retrieved from Samantha Melanie, Anne
Losben, “Coming Soon to an Archive Near You: Movie Trailers and Their Need for Access & Preservation”, 2011).
37
Ibid.
38
Ibid.
9

Academy Award Winners and a Supporting Cast of 1186 Players”, 39 and “Greatest of the Great! The
Special of Specials”. 40 At its world premiere on April 25, 1939 at the Hollywood Theater in New
York City, for which tickets had been sold eight weeks in advance, the debut ceremonies were
broadcast over the radio station WMCA, with a special short-wave hookup to Mexico and South
America through arrangements with CBS. Prior to the opening studio head Jack Warner had wired
from Hollywood that he had received a congratulatory telegram from Lazaro Cardenas, President of
Mexico; among the extensive list of dignitaries at the opening were Latin-American diplomats and
other noted figures, especially from Mexico, including Ramon Bepepa, under-secretary for Foreign
Affairs of Mexico, Don Luis Quintanilla, resident minister of Mexico, Dr. Rafael Fuentes, counsellor of
the Mexican Embassy; Dr. Roberto Cordova, legal counsellor; Raimundo Cuervo, second secretary.
Also attending were Pablo Prida, theatre operator in Mexico City and a descendant of Benito Juárez,
and Quintin Rueda, chief of the Mexican Government's official press bureau, who had brought a
message of good will for the American film industry from his government.
As late as April 15, ten days before its premiere, a 16-reel [approximately 176-minute] version of
“Juarez” was announced for the roadshow engagements; 41 it was further reported that Warner Bros.,
according to S. Charles Einfeld, director of the studio’s advertising, was still considering the idea of
releasing two separate eight-reel [approximately 88 minutes] versions out of the story. This plan was
never realized; the film was unreeled at a length of 125 minutes, presented without the customary
roadshow intermission. Released nationally the week of June 10, 1939, “Juarez” had intervening
showings in 157 selected theatres during the earlier Memorial Day week. 42 The film opened to
Figure 3
Among the invited guests to the New York City premiere of “Juarez” were (left to right) H. Alban
Mestanza, Teatro al Dia; Pablo Prida, descendant of Benito Juárez; Maria Garrett, Warner publicity;
Quintin Rueda, representing Mexico; and Al Finestone, Motion Picture Daily.
39
Motion Picture Herald, Vol. 135, No. 6, May 13, 1939, 5
40
Variety, Vol. 134, No. 6, April 19, 1939, 21
41
Refer to Footnote 28.
42
Memorial Day in 1939 occurred on May 30.
10

generally good critical support. Variety commented “It's among the best that has been produced by
Warners. With such potent boxoffice (sic) values as ‘Juarez’ contains, its successful career at theatres
seems assured [. . .] In the absence of personal conflict between the leading characters the screenwriters
have sustained an audience interest by introducing historical data that contains current timeliness.” 43
Variety further lauded the film’s performances, noting “[. . .] Muni again commands attention from the
trade and public in a documentary picture” and [. . .] Miss Davis excites deep sympathy for the
unhappy queen.” 44 Dieterle's direction was described as “spirited and replete with interesting
incident.” 45 A full-page article on “Juarez” included snippets of various reviews from the New York
press; Kate Cameron of the Daily News observed “Democracy really plays the leading role . . . both
Bette and Paul . . . permit Brian Aherne, as democracy's nemesis to occupy the center of the screen . . .”
while Bland Johaneson remarked that the film presented a “. . . graceful bow in the direction of movie
fans by addressing them as adults rather than nincompoops . . .” 46 In his extensive review for the New
York Times, Frank Nugent presented a more mixed viewpoint, observing “[T]heir story [Juárez,
Maximilian, Carlota, Napoléon III] remains alive and fascinating; the issues which sired their conflict
are living issues still; and, because history repeats itself, this screen record of the past has become
strangely contemporary, revitalized and significant. Ideologically the new Warner film is faultless [. . .]
With pardonable opportunism, they have written between the lines of Benito Juarez's defy the text of a
liberal's scorn for fascism and Nazism [. . .] But approval of a film's purpose and message cannot blind
one altogether to some of the weaknesses of its structure. ‘Juarez’ has not been smoothly assembled.
Its central character has been thrown out of focus by a lesser one. Too much and too little attention has
been paid to the subordinate people in the drama. William Dieterle, who ordinarily directs so well, has
been guilty in this instance of a surprisingly static camera, of stage technique rather than cinematic
[. . .] Mr. Muni's performance of Juarez, however brilliant, is restricted by the range of the character
itself and Juarez was a stoic. It is impossible to portray a symbol—as the Zapotecan was—with
anything but austerity [. . .] Historians may cavil at so sympathetic a treatment of the Archduke whom
Douay 47 described as ‘of all princes the most idiotic and imbecile.’ [. . .] ‘Juarez,’ with all its faults, still
must be rated a distinguished, memorable and socially valuable film.” 48 Its generally positive critical
reaction notwithstanding, “Juarez” did not enjoy financial success. Costing nearly $1,500,000 to
43
“Film Reviews”, Variety, Vol. 134, No. 7, April 26, 1939, 12
44
Ibid.
45
Ibid.
46
“The New York Press Says of ‘Juarez’”, Motion Picture Herald, Vol. 135, No. 4, April 29, 1939, 38
47
Refers to either General Abel Douay (1809 – 1870) or his younger brother General Félix Douay (1816 – 1879).
48
Frank S. Nugent, “The Screen in Review”, The New York Times, April 26, 1939, retrieved from
https://www.nytimes.com/1939/04/26/archives/the-screen-in-review
11

produce, the film earned only $1,632,000 in domestic and overseas rentals; 49 taking distribution
expenses into consideration, “Juarez” would appear to have lost money. 50
“Juarez” was the first of a series of Warner Bros.’ “Good Neighbor” films, named after the prevailing
“Good Neighbor Policy”, whose main principle was that of non-intervention and non-interference in
the domestic affairs of Latin America; the idea that the United States would be a “good neighbor” and
engage in reciprocal exchanges with Latin American countries was also reinforced. The story of
Juárez offered a cinematic endorsement of the policy by highlighting the work and dignity of a
progressive Mexican statesman, depicting the United States as a “good neighbor” to its friends south of
the border, a stalwart supporter of the democratic aspirations of the Mexican Republic. Sam E. Morris,
Vice-President of Warner Bros., announced studio plans for simultaneous releases of the film in
July 1939 in Buenos Aires, Santiago, Lima, Medellin, Caracas, Colon, Rio de Janeiro, Montevideo,
Havana and San Juan early in July, the premiere in each country to be sponsored by the resident
minister of Mexico; Latin-American market figures indicated that “Juarez” was playing in more than
4,700 cinemas in its relatively early distribution stages, setting a new company record. The film was
not met, however, with wholly unbridled enthusiasm; critics from magazines and the local press almost
unanimously panned “Juarez”, applying such descriptions as “a commercial proposition
made for fools and those who have little love for Mexico”. 51
The final line of “Juarez”, in which Juárez, now restored as president, said “Forgive me . . .” to the
corpse of the executed emperor, then solemnly walked away from Maximilian’s coffin, infuriated the
bureaucrats in the Mexican government who had seen the film; as the Mexican officials reasoned,
“Why should one of Mexico's great leaders ask forgiveness from a man they consider nothing more
than a gringo invader?” 52 Warner Bros. made the decision to cut the offending line, but only on the
prints that were shipped to Mexico; Mexican audiences saw Muni as Juárez bending over the coffin, his
lips moving, but never hear the offending words. The principals portrayed in “Juarez” had, of course,
long since died, the last survivor being Empress Carlota, whose death in January 1927 followed sixty
years of living in seclusion in Belgium. When Warner Bros. filmed “Juarez”, the prevailing
Production Code Office, under the direction of Joseph Breen, ensured that the portrayal of the
important figures in Mexican history was intensely flattering; Porfirio Díaz, one of Juárez’s generals
and future dictator of Mexico, was depicted as “a model of liberal idealism”. The film provided no
49
According to Schindler’s “Hollywood in Crisis: Cinema and American Society 1929-1939”, “Juarez” earned
$1,169,000 in North American and a $463,000 in overseas rentals.
50
Other sources have indicated that “Juarez” was financially successful. While Clive Hirschhorn noted in “The Warner
Bros. Story” that ‘“Juarez’ was not the money maker the studio had hoped for” (retrieved from Hirschhorn, “The
Warner Bros. Story”, Hong Kong: Mandarin Publishers Limited, 1982, 200), Giovacchini, in “Hollywood Modernism:
Film and Politics in the Age of the New Deal”, stated that “Juarez” was the eighth top-grossing film of 1939. The
website Ultimate Movie Rankings reported a total of $4,700,000 as the film’s actual domestic box office earning
(Retrieved from “Top Grossing Movies of 1939”, https://www.ultimatemovierankings.com/top-grossing-movies-of-
1939, September 29, 2019), although it is unclear whence this figure has been determined.
51
‘“Juarez’ Draws Fire from Mexican Crix”, Variety, Vol. 135, No. 5, July 12, 1939, 11
52
Bob Herzberg, “Revolutionary Mexico on Film: A Critical History, 1914-2014”, North Carolina: McFarland &
Company, Inc., 2015, retrieved from https://books.google.ca/books
12

exploration of the fact that the two leaders never liked each other, or that Díaz would soon plot against
Juárez. Porfirio Díaz, Jr., son of General Díaz, raised objections regarding the screen interpretation of
his father; the younger Díaz demanded before Frank Murphy, the United States Attorney General, that
Warner Bros. should make “historic rectification”, 53 asserting that the elder Díaz, played in the film by
John Garfield, had been made ridiculous. Achieving no success with Murphy, Díaz fils later filed a
lawsuit against Warners in the penal branch of the Second Court in Mexico City; while the
objectionable scenes had apparently been removed from “Juarez” for its Mexican showings, Díaz, Jr.,
sought the court to have the offending scenes cut from the American showings. 54
Ranked as one of the “giants of American screen music”, 55 Erich Wolfgang Korngold, writer of the
music score for “Juarez”, represented one-third of a “triumvirate” of film composers, which included
Max Steiner and Alfred Newman, whose classical scores dominated films in the 1930’s; these three “set
the prevailing idiom for musical accompaniment to narrative film as neoromantic and established
its medium as symphonic.” 56 A compatriot of fellow Warners composer and Viennese émigré Steiner,
Korngold was considerably less prolific; between 1934 and 1946, his Hollywood years, Korngold fully
scored only seventeen films, and contributed to four others, 57 whereas Steiner had either wholly scored
or contributed to over 100 films in the same period, working initially at RKO Pictures and later for
Warner Bros., Selznick International Pictures, and producer David Selznick’s Vanguard Films. Steiner
was described as “the man credited with virtually inventing the Hollywood film score with his
atmospheric and richly textured music”, 58 whereas Korngold was the man “who brought prestige to the
job of film composer.” 59 A child prodigy whose compositions were once praised by Gustav Mahler
and Richard Strauss, Korngold composed in a style often described as “operas without singing”; 60
nonetheless, he thoroughly understood how music could unite a film thematically, supporting the
rhythm of the on-screen action. Often composing at a piano while a projectionist ran the film footage,
or timing the filmed sequences down to the second and writing music accordingly; while sitting at the
53
‘“Juarez’ Beef”, Variety, Vol. 135, No. 11, August 23, 1939, 2
54
A news item in Variety confirmed that the scenes to which Díaz objected had been removed from Mexican showings,
and further reported that the Mexican court agreed to try to accommodate Díaz (retrieved from “Diaz, Jr., Still Doesn’t
Like Scenes in ‘Juarez’”, Variety, Vol. 136, No. 10, November 15, 1939, 14.) There was, however, no indication that
the offending scenes were ever removed from any American showing.
55
Thomas S. Hischak, “The Encyclopedia of Film Composers”, Maryland: Rowman & Littlefield, 2015, 408
56
Kathryn Kalinak, “Settling the Score: Music and the Classical Hollywood Film”, 1992, 159
57
Although generally not included in his list of credits, Korngold began composing the score for “The Adventures of Don
Juan” in 1945. Production of the film was delayed until October 1947, by which time Korngold had stopped accepting
film music assignments; studio head Jack Warner hired Max Steiner to compose a new score (retrieved from
“Adventures of Don Juan”, Wikipedia, The Free Encyclopedia, https://en.wikipedia.org/wiki/Adventures_of_Don_Juan,
October 1, 2019 and Peter Wegele, “Max Steiner: Composing, Casablanca, and the Golden Age of Film Music”,
Maryland: Rowman & Littlefield, 2014)
58
Jeffrey Richards, “Imperialism and Music: Britain, 1876-1953”, United Kingdom, Manchester University Press, 2001,
281
59
Ibid.
60
Robbert van der Lek, “Diegetic Music in Opera and Film: A Similarity Between Two Genres of Drama Analyzed in
Works by Erich Wolfgang Korngold (1897-1957)”, Amsterdam: Editions Rodopi B.V., 1991, 16
13

Figure 4
A full-page advertisement for “Juarez”
piano, Korngold could, according to American violinist Louis Kaufman, “approximate the range and
color of an entire orchestral score and with a few gestures achieve exactly the performance he
envisioned.” 61 Announced in December 1938 as the composer of the score for “Juarez”, Korngold
reportedly wrote 3,000 bars of music for the film. Similar to Steiner, Korngold created an individual
musical motif for each of the main characters, a device with which he was very familiar through his
background in opera. The theme for Benito Juárez was based, albeit loosely, on the Mexican national
anthem; a lovely romantic motif was used for Empress Carlotta, while the borrowed tune “La Paloma”
61
Louis Kaufman, “A Fiddler's Tale: How Hollywood and Vivaldi Discovered Me”, Madison, WI: University of
Wisconsin Press, 2003, 143-145, quoted in Emily Ruth Laminack, “A Performer’s Guide to Erich Wolfgang Korngold’s
Sonata for Violin And Piano In G Major, Op. 6”, (Ph,D dissertation, University of Georgia), 2016
14

Figure 5
Korngold (left) with Max
Steiner (centre) and
musical director Louis
Forbstein (right), possibly
circa 1940
served as a theme for Emperor Maximilian. 62 Korngold’s score has been described overall as utilitarian,
avoiding “the lavish or intoxicating knock-out scoring of ‘Sea Hawk’, ‘The Adventures of
Robin Hood’ or ‘Captain Blood’ with music more contained within the dramatic narrative”, 63 its
subdued background “emerging at times to strike a dominant note in the furtherance of the action or to
sound a diapason of otherwise inarticulate emotion.” 64 Reviewer Joseph O’Sullivan commented that
Empress Carlota’s petition, while praying at the wayside shrine of the Virgin that she might bear a child
to provide an heir to the throne, “soars on wings of lovely melody”; 65 O’Sullivan further remarked on
the effective lack of music in a specific scene in which the ragged troops of Juárez, marching and
singing a rousing song, abruptly become mute upon seeing the dead bodies of their compatriots,
describing the ominous silence as “eloquent in its poignant pathos. 66 Although deemed “an entirely
original musical score”, 67 Korngold did incorporate snippets of existing music into the soundtrack, a
62
While Laurence E, MacDonald identified “La Paloma” as Maximilian’s theme in “The Invisible Art of Film Music: A
Comprehensive History”, van der Lek, in “Diegetic Music in Opera and Film: A Similarity Between Two Genres of
Drama Analyzed in Works by Erich Wolfgang Korngold (1897-1957)”, stated that “La Paloma” served as a symbol of
the imperial couple's fate with that of Mexico.
63
Michael Haas, “The False Myths And True Genius Of Erich Wolfgang Korngold”, July 18, 2015, retrieved from
https://forbiddenmusic.org/2015/07/18/the-false-myths-and-true-genius-of-erich-wolfgang-korngold, October 6, 2019
64
Joseph O’Sullivan, “Juarez (Warner Brothers) [-] A Picture about an Idea”, Motion Picture Herald, Vol. 135, No. 4,
April 29, 1939, 50
65
Ibid.
66
Ibid.
67
Ibid.
15

practice followed by other film composers. Portions of “Battle Hymn of the Republic”, composed
circa 1856 by William Steffe, extensively underscored the scene in which Juárez learned of the death of
Figure 6
A segment of the music underscoring Empress Carlota’s (Bette Davis) prayer for a child.
Abraham Lincoln; in a later scene in which Napoléon III met with American ambassador John Bigelow
a few bars of “My Country ‘Tis of Thee”, its tune similar to “God Save the King”, were heard. 68
The inclusion of the Spanish habanera “La Paloma” (literally “The Dove”, although known in English
as “No More”) was a very significant addition to the music score. Written circa 1860 by Sebastian de
Figure 7
Empress Carlota (Bette Davis) and Emperor
Maximilian (Brian Aherne) listen to the
song “La Paloma” from the terrace of their
palace
68
Michael S. Shull and David Edward Wilt, in “Hollywood War Films, 1937-1945: An Exhaustive Filmography of
American Feature-Length Motion Pictures Relating to World War II”, identified “Deutschland über Alles”, a direct
linkage with Nazi aggression in the 1930’s, as the music playing when Emperor Maximilian and Empress Carlota, upon
their arrival in Mexico, disembark at Veracruz.
16

Yradier (1809-1885), a Spanish Basque composer, “La Paloma” has been identified as the favourite
song of both Maximilian and Carlota; every Monday evening the Empress Carlota would give a
reception in Chapultepec Palace at which Cuban singer Concha Méndez would perform the piece, her
most popular number. While bearing historically accurate ties in the story of Maximilian and Carlota,
the use of “La Paloma” in “Juarez” was additionally highly symbolic; heard at three crucial moments in
the imperial career of the royal couple, the song underscored scenes of happiness, separation and death.
Its introduction in the film, presented diegetically, although briefly supported by a non-diegetic musical
background, was highly romantic; as Maximilian and Carlota looked over the view from the terrace of
their palace, an anonymous female voice 69 broke the stillness of the night with a beautiful rendition of
the song. The second instance of “La Paloma”, occurring in the scene in which Carlota and Maximilian
said their goodbyes, after Carlota’s having decided to return to Europe to secure support for the
Emperor, was presented both diegetically and through integration into the background score, 70 as was
the final, and most poignant, usage. Having received a death sentence, Maximilian has requested to
hear “La Paloma” a final time; just before his execution the Emperor saw and heard a Mexican peasant
woman singing the song. The melody was then “depicted as crossing the ocean [. . .] where it is ‘heard’
Figure 8
Composer Erich Korngold is shown
conducting the 154-piece symphonic
background for “Juarez”
69
Some sources have speculated that the anonymous singer in “Juarez” might have been Italian coloratura soprano
Amelita Galli-Curci (1882-1963), although comparisons of Galli-Curci’s voice and that of the unnamed singer would
appear to belie this.
70
In “Diegetic Music in Opera and Film: A Similarity Between Two Genres of Drama Analyzed in Works by Erich
Wolfgang Korngold (1897-1957)”, van der Lek also noted the use of the anonymously written “Adiós Mamá Carlota”
in the departure scene; according to Joan Haslip, in “The Crown of Mexico: Maximilian and His Empress”, Carlota
purportedly overheard this song on her way to Europe to seek last-ditch support for the Mexican Imperial government.
17

by Carlota, albeit strangely altered by her damaged subjectivity.” 71
Fully engaged in the composing of additional music for a film, such as the scoring of the promotional
trailer, Korngold provided an overture for “Juarez”, 72 played live at the Los Angeles debut of the film,
held on April 27, 1939 73 at the Warner Bros. Beverly Hills Theatre. Similar live overtures were
prepared by Korngold for “The Private Lives of Elizabeth and Essex”, later in 1939, and “The Constant
Nymph” in 1943. Portions of Korngold’s score for “Juarez” were also integrated into the film “The
Mad Empress”, for which Warner Bros. held distribution rights; the original musical background for
“The Mad Empress”, composed by James Bradford, was removed, although Bradford claimed that
some of his musical arrangements were retained. 74
“The Mad Empress” (1939) Directed by Miguel Contreras Torres. Screenplay by Jean Bart, Jerome
Chodorov, Miguel Contreras Torres. Starring Conrad Nagel, Medea de Novara, Lionel Atwill, Jason
Robards, Sr.
With “The Mad Empress” director Miguel Contreras Torres had again turned to his apparently favourite
film topic, having previously presented the historical characters of Maximilian, Carlota, and Juárez in
two Spanish-language Mexican productions, 1934’s “Juárez y Maximiliano” and again in “La Paloma”,
released in 1937. Serving as an English-language showcase for wife Medea de Novara, “The Mad
Empress” was independently produced by the director. 75 Filming had begun in 1938 at the Talisman
Studios in Hollywood; by January 1939 the production was no longer financially viable, director Torres
71
Daniel Goldmark, Kevin C. Karnes, Editors, “Korngold and His World”, New Jersey: Princeton University Press, 2019,
122
72
Relevant musical cues (6A, 9E, parts of 10D, and Trailer Part 1) were removed from the full written score of “Juarez”,
held at Warner Bros. Archives, with a note indicating “use for overture” (retrieved from Goldmark, Karnes, Editors,
“Korngold and His World”, Notes, 128). The overture, which ran approximately 6 minutes, might have been the cause
of confusion regarding the running time of “Juarez”. The film’s running time has been listed as 132 minutes (retrieved
from Jack Alicoate, Editor, “The 1940 Film Daily Yearbook of Motion Pictures”, 22 nd Annual Edition, New York: The
Film Daily (Wid’s Films and Film Folks Inc.), 1940, 185); the UCLA Film & Television Archive Catalog noted
“Playing time on release was 132 min. (perhaps a road show version?)”, citing the 1940 Film Daily Yearbook as its
source (retrieved from https://cinema.library.ucla.edu). The running time of 125 minutes was reported in the Variety
review of “Juarez” (retrieved from Variety, April 26, 1939) and from other sources, such as John T. Soister & JoAnna
Wioskowski’s “Claude Rains: A Comprehensive Illustrated Reference to His Work in Film, Stage, Radio, Television
and Recordings”. The running time of 132 minutes was possibly derived from a combination of the film and overture.
73
Retrieved from “Point ‘Juarez’ Opening Toward Latin-America”, Motion Picture Herald, Vol. 135. No. 4, April 29,
1939, 38. In “Korngold and His World”, edited by Goldmark and Karnes, the Los Angeles debut was cited as April 25,
1939, simultaneous with the New York City world premiere.
74
Specific cues from the “Juarez” score, including 4C, 9B, 9D, 11B, and 11C, along with stock music owned by Warner
Bros., were identified as those that formed the score of “The Mad Empress”; Warners strongly denied that any of
Bradford’s original music was maintained. In “Revolutionary Mexico on Film: A Critical History, 1914-2014”
Herzberg indicated that Warner Bros also overdubbed sound effects in “The Mad Empress”, such as cannons and
gunshots in “The Mad Empress”.
75
In his 1996 work “Hollywood and the Foreign Touch: A Dictionary of Foreign Filmmakers and Their Films from
America, 1910-1995” author Harry Waldman erroneously stated “So Hollywood tried the next best thing. Warner
Bros. hired the Mexican actor-director [Torres] to make the Hollywood version of his nineteenth-century drama.”
18

having run out of money. The film was completed with Mexican financial support; by February 1939
Torres was rushing work on the production so that “The Mad Empress” might reach cinema screens
before “Juarez”.
Inextricably bound in a number of ways to “Juarez”, beyond the use of Korngold’s music, and the
inclusion of the song “La Paloma”, “The Mad Empress”, also known as “Carlotta The Mad Empress”,
“Juarez and Maximilian”, and “Maximilian and Carlotta”, bore a number of similarities and
commonalities to “Juarez”; some, such as the dramatis personae and historical occurrences, were quite
obvious, others were a little more subtle or speculative. 76
Unlike “Juarez”, which presented the overarching political theme of republic vs. monarchy, “The Mad
Empress” concentrated more on the imperial couple; the personage of Juárez, played by Jason Robards,
Sr., did indeed appear in the latter film, but in a very secondary fashion. Photographed only from
behind, and never shown full-face, the character of Juárez enjoyed relatively little screen time in
Torres’ film. Perhaps the greatest omission in “The Mad Empress” was the liberal political slant
comparing Napoleon and Maximilian to foreign dictators; Maximilian, Carlota, and Napoleon III were
all seen as victims of fate. Despite the title, “The Mad Empress” did not focus on Carlota’s mental
decline; 77 as in “Juarez” the madness of the empress was only one element in a larger narrative. While
presented more dramatically in “Juarez”, the depiction of Carlota’s mental disintegration in “The Mad
Empress” was closer to historical fact. In reality the “first symptom of derangement was observed at
Botzen [Bolzano, a city in northern Italy] in the room where she [Carlota] stopped. She remarked to
Mrs. Estrada y Barrio, ‘I do not wish to go to Rome, because I am afraid they will poison me. I wish to
go back to Miramar.’” 78 In “The Mad Empress”, de Novara’s Carlota descended into a more subtle
mental disintegration after seeking aid from the Pope; in “Juarez”, Davis’s Carlota fell into madness,
preceded by a siege of dramatic histrionics, 79 after having been denied support from Napoléon III. In
the latter film Carlota’s supplication to the Pope was never addressed.
Possibly the strongest bond between “The Mad Empress” and “Juarez” were the legal wranglings
waged by director Torres against Warner Bros. As report in an April 1939 issue of Variety, Torres filed
76
While “Juarez” acknowledged in its credits that the screenplay was based in part on the novel “The Phantom Crown”
and the play “Juarez and Maximilian” by Franz Werfel, albeit the latter named only as “A Play”; the credits for “The
Mad Empress” would suggest that the story by Jerome Chodorov and the screenplay by Jean Bart and director Miguel
Contreras Torres were totally original. In “Hal Wallis: Producer to the Stars” author Dick has suggested the writers
would have invariably consulted some of the same sources as the “Juarez” writing team.
77
Dick stated erroneously that “The Mad Empress” “focus[ed] mainly on Carlotta's descent into madness” (retrieved from
Dick, “Hal Wallis: Producer to the Stars”, 54); this error was pointed out by Herzberg in “Revolutionary Mexico on
Film: A Critical History, 1914-2014”.
78
Frederic Hall, “Life of Maximilian I., Late Emperor of Mexico, with a Sketch of the Empress Carlota”, 1868, retrieved
from https://archive.org/details/cu31924020394403/page/n10, October 16, 2019
79
Critic Pauline Kael noted “She [Davis] looks both fragile and tempestuous, and gets a chance to show off her best
violent spasms when she pleads for help at the Tuileries and frightens the Empress Eugénie (Gale Sondergaard, who
doesn't frighten easy).” (retrieved from Kael, “5001 Nights at the Movies”, New York: Picador, Henry Holt and
Company, 1991, 384)
19

a $1,000,000 lawsuit against Warner Bros., charging both plagiarism and loss of distribution rights; 80 a
second suit for $51,000, claiming breach of contact, was also filed by Torres against Gabriel Pascal, a
leading film producer in the United Kingdom. 81 While “The Mad Empress” was ultimately impacted,
Torres’ earlier “Juárez y Maximiliano” appeared to be at the source of the suit. In his 1980
autobiography “Starmaker” producer Hal Wallis noted “Miguel Contreras Torres [. . .] claimed that we
had stolen the Juárez picture he had scripted in 1931-1932” [referring to “Juárez y Maximiliano”]; 82
Wallis further asserted “Torres claimed we were responsible for the fact that it [“The Mad Empress”]
still had not found a distributor in this country. He asked $1 million in damages for unfair competition,
as well as theft of his concept and approach.” 83 Wallis’s declaration that “Nobody connected with our
picture (‘Juarez’) had ever seen or heard of the [1934] Mexican production” 84 seemed unlikely;
Columbia Pictures had handled the distribution of “Juárez y Maximiliano” in early 1935, the New York
Times even giving the film a respectable review in its February 16, 1935 edition. Torres reportedly
used the failure of “Juárez y Maximiliano” in the United States to pressure Warner Bros. into acting as
distributor of “The Mad Empress.” 85 In May 1939 Warner Bros. received permission from Federal
Court to file a counter-suit against Torres; in early July 1939, a month after the national general release
of “Juarez”, Variety reported that the Torres-Warner Bros. suit had been settled amicably, the studio
agreeing to distribute “The Mad Empress”. “The Mad Empress” suffered at the hands of its distributor;
release of the film, cut from 95 to 72 minutes by Warner Bros., did not occur until mid-December
1939, 86 six months after “Juarez” had made its nation-wide appearance in domestic cinemas.
Ultimately, “The Mad Empress” might easily be dismissed as a “second-rate ‘Juarez’”; 87 critical
reviews, while praising the elaborate settings and scenic backgrounds, generally regarded the film less
favourably. Previewed in late April 1939 at the Egyptian Theater in Hollywood under the title “Juarez
and Maximilian”, reviewer William R. Weaver noted “The performances of most players are seemingly
80
Retrieved from “Torres Sues WB for $1,000,000 on ‘Juarez’”, Variety, Vol. 134, No. 6, April 19, 1939, 2. An earlier
news item in Variety, “Torres-WB Mex Race”, February 22, 1939, also noted that Torres had filed a suit against the
studio, stating that Torres claimed prior rights to the story, but provided no further details.
81
Torres’ suit against Gabriel Pascal alleged that producer Pascal had agreed to make German- and Italian-language
versions of Torres’ 1934 film “Juárez y Maximiliano”; Torres eventually won a default judgement of $46,000, as Pascal
allegedly ignored the suit (retrieved from “Mexico’s OK on Torres’ ‘Cortez’ Pic”, Variety, Vol. 135, No. 6. July 12,
1939). Torres’ wife Medea de Novara launched a separate $6,000 lawsuit against Pascal, claiming that she was to be
paid $3,000 per version for her acting services (retrieved from “Mex Standoff Suit”, Variety, June 21, 1939); research
did not reveal the final disposition of de Novara’s suit.
82
Hal B. Wallis, Charles Higham, “Starmaker: The Autobiography of Hal B. Wallis”, New York: Macmillan & Co., 1980,
62
83
Ibid., 63
84
Wallis, Higham, “Starmaker: The Autobiography of Hal B. Wallis”, retrieved from Dick, “Hal Wallis: Producer to the
Stars”, 54
85
The “failure” of “Juárez y Maximiliano” to which Dick referred was presumably financial failure.
86
The film’s release date has generally been listed as December 16, 1939. Although Dick’s “Hal Wallis: Producer to the
Stars” noted that “The Mad Empress” did not reach theatres until 1940, numerous December editions of Variety, such as
the December 20 and 27 issues, clearly indicated financial returns for the film; it could be speculated that theatrical
showings were initially limited to Los Angeles.
87
Dick, “Hal Wallis: Producer to the Stars”, 55
20

cramped by a script which shuttles steadily back and forth between Mexico and Europe”; 88 Weaver’s
critique additionally verified the pre-release running time of 95 minutes. In later reviews, published in
February 1940, Variety commented “This version may be okay for some of the Latin-American market
but only mediocre for the U.S.”; 89 New York Times film critic Frank S. Nugent, 90 in his extensive
February 15, 1940 review, observed “Considerably after the release of their own impressive ‘Juarez,’
which said about all a film could for the tragic reign of Maximilian and Carlota in Mexico, the Warner
Brothers are now distributing another interesting though much less exciting or eloquent picture upon
substantially the same theme.” 91
If viewed as rivals, “Juarez” has emerged the clear winner over “The Mad Empress”. Both were
financial failures in their day, although some sources have described “Juarez” as a box-office success.
Perhaps aided by the star power of Davis and Muni, “Juarez” has nonetheless remained visible and
accessible over the years via television broadcasts and release through home video media. While
Conrad Nagel and Lionel Atwill, stars of “The Mad Empress” were known actors, they did not hold the
same stature as the “Juarez” cast; moreover, Mexican audiences were likely very familiar with actress
de Novara, but she was not a performer with whom American audiences had any significant
acquaintanceship. In addition, “Juarez” was a creative product of Warner Bros., whereas “The Mad
Empress” became the responsibility of the studio as a means of resolving a plagiarism lawsuit. After
the completion of its North American theatrical run in late 1939 and early 1940 “The Mad Empress”
has seemingly slipped into obscurity, a minor footnote in the history of film.
88
“Showmen’s Reviews”, Motion Picture Herald, April 22 1939
89
“Film Reviews”, Variety, Vol. 137, No. 11, February 21, 1940, 12
90
Both Dick’s “Hal Wallis: Producer to the Stars” and Herzberg’s “Revolutionary Mexico on Film: A Critical History,
1914-2014” erroneously named New York Times critic Bosley Crowther as the author of “The Mad Empress” review.
91
Frank S. Nugent, “The Screen: Laughton and Leigh Buss the Buskers in ‘Sidewalks of London’ - New Films at
Criterion and Central”, The New York Times, February 15, 1940, retrieved from
https://www.nytimes.com/1940/02/15/archives/the-screen-laughton-and-leigh-buss-the-buskers-in-sidewalks-of.html
21

APPENDIX I: THE FACES OF HISTORY
Benito Juárez
Paul Muni as Juárez in “Juarez”
(Although Jason Robards, Sr., appeared as Juárez in “The Mad Empress”,
he was only photographed from behind, and never seen full-face.)
Emperor Maximilian
Empress Carlota
Brian Aherne and Bette Davis as Maximilian and Carlota in “Juarez”
22

Medea de Novara and Conrad Nagel as Carlota and Maximilian in “The Mad Empress”
APPENDIX II: PROMOTIONAL POSTERS
23

LITERARY REFERENCES
Alicoate, Jack, Editor, “The 1940 Film Daily Yearbook of Motion Pictures”, 22 nd Annual Edition, New York: The Film
Daily (Wid’s Films and Film Folks Inc.), 1940
Daniel Goldmark, Karnes, Kevin C., Editors, “Korngold and His World”, New Jersey: Princeton University Press, 2019
Davis, Bette, “The Lonely Life”, New York: G.P. Putnam’s Sons, 1962
Dick, Bernard F., “Hal Wallis: Producer to the Stars”, Kentucky: The University Press of Kentucky, 2004
Doherty, Thomas, “Hollywood and Hitler, 1933-1939”, New York: Columbia University Press, 2013
Dunbar, John N., Ph.D., “A Critical History of History in Moving Pictures”, Indiana: Author House, 2014
Gemünden, Gerd, “Continental Strangers: German Exile Cinema, 1933-1951”, New York: Columbia University Press,
2014
Giovacchini, Saverio, “Hollywood Modernism: Film and Politics in the Age of the New Deal”, Philadelphia: Temple
University Press, 2014
Grobel, Lawrence, “The Hustons: The Life and Times of a Hollywood Dynasty”, New York: Skyhorse Publishing, 2014
Haslip, Joan, “The Crown of Mexico: Maximilian and His Empress”, New York: Holt, Rinehart and Winston, 1971
Herzberg, Bob, “Revolutionary Mexico on Film: A Critical History, 1914-2014”, North Carolina: McFarland & Company,
Inc., 2015
Hirschhorn, Clive, “The Warner Bros. Story”, Hong Kong: Mandarin Publishers Limited, 1982
Hischak, Thomas S, “The Encyclopedia of Film Composers”, Maryland: Rowman & Littlefield, 2015
Hyde, H. Montgomery, “Mexican Empire-The History of Maximilian and Carlota of Mexico”, United Kingdom: Good
Reads Limited, 2016
Kael, Pauline, “5001 Nights at the Movies”, New York: Picador, Henry Holt and Company, 1991
Kalinak, Kathryn, “Settling the Score: Music and the Classical Hollywood Film”, Wisconsin: The University of Wisconsin
Press, 1992
Kear, Lynn, Rossman, John, “Kay Francis: A Passionate Life and Career”, North Carolina: McFarland & Company, Inc.,
2006
Laminack, Emily Ruth Laminack, “A Performer’s Guide to Erich Wolfgang Korngold’s Sonata for Violin And Piano In G
Major, Op. 6”, (Ph,D dissertation, University of Georgia), 2016
Library of Congress Catalog of Copyright Entries, Part 1. [C] Group 3, Dramatic Composition and Motion Pictures.
Washington, D.C.: United States Government Printing Office, 1939
Losben, Samantha Melanie-Anne, “Coming Soon to an Archive Near You: Movie Trailers and Their Need for Access &
Preservation”, (Master’s thesis, New York University), 2011
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MacDonald, Laurence E., “The Invisible Art of Film Music: A Comprehensive History”, New York: Ardsley House,
Publishers, Inc., 1998.
Mell, Eila, “Casting Might-Have-Beens: A Film by Film Directory of Actors Considered for Roles Given to Others”, North
Carolina: McFarland & Company, Inc., 2005
O'Brien, Scott, “Kay Francis: I Can't Wait to be Forgotten; Her Life on Film and Stage”, Oklahoma: Bear Manor Media,
2013
Osborne, Robert, "Academy Awards Illustrated", Hollywood: Marvin Miller Enterprises, Inc., 1965
Pereboom, Maarten, “History and Film: Moving Pictures and the Study of the Past”, New York: Routledge, 2016
Richards, Jeffrey, “Imperialism and Music: Britain, 1876-1953”, United Kingdom, Manchester University Press, 2001
Robé, Chris, “Left of Hollywood: Cinema, Modernism, and the Emergence of U.S. Radical Film Culture”, Texas:
University of Texas Press, 2010
Schindler, Colin, “Hollywood in Crisis: Cinema and American Society 1929-1939”, United Kingdom: Taylor & Francis E-
library, 2005
Shull, Michael S., Wilt, David Edward, “Hollywood War Films, 1937-1945: An Exhaustive Filmography of American
Feature-Length Motion Pictures Relating to World War II”, North Carolina: McFarland & Company, Inc., 1996
Sikov, Ed, “Dark Victory: The Life of Bette Davis”, New York: Henry Holt and Company, 2007
Soister, John T., Wioskowski, JoAnna, “Claude Rains: A Comprehensive Illustrated Reference to His Work in Film, Stage,
Radio, Television and Recordings”, North Carolina: McFarland & Company, Inc., 1999
van der Lek, Robbert, “Diegetic Music in Opera and Film: A Similarity Between Two Genres of Drama Analyzed in Works
by Erich Wolfgang Korngold (1897-1957)”, Amsterdam: Editions Rodopi B.V., 1991
Wagener, Hans, “Understanding Franz Werfel”, South Carolina: University of South Carolina Press, 1993
Waldman, Harry, “Hollywood and the Foreign Touch: A Dictionary of Foreign Filmmakers and Their Films from America,
1910-1995”, Maryland: Scarecrow Press Inc., 1996
Wallis, Hal B., Higham, Charles, “Starmaker: The Autobiography of Hal B. Wallis”, New York: Macmillan & Co., 1980
ADDITIONAL REFERENCES
(Periodicals and/or websites)
“157 Memorial Week Dates for ‘Juarez’ Set by WB”, The Film Daily, Vol. 75, No. 97, May 19, 1939
“Adventures of Don Juan”, Wikipedia, The Free Encyclopedia, https://en.wikipedia.org/wiki/Adventures_of_Don_Juan
Baumberg, Nancy, “The Life History of a Movie”, Photoplay, Volume LIII, No. 6, Chicago: Macfadden Publications Inc.,
June 1939
“Carson City (film)”, Wikipedia, The Free Encyclopedia, https://en.wikipedia.org/wiki/Carson_City_(film )
“Color Process to Be Known as Warnercolor”, Motion Picture Herald, Vol. 133, No. 8, November 19, 1938
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“Diaz, Jr., Still Doesn’t Like Scenes in ‘Juarez’”, Variety, Vol. 136, No. 10, November 15, 1939
“Eastmancolor”, Wikipedia, The Free Encyclopedia, https://en.wikipedia.org/wiki/Eastmancolor
“Erich Wolfgang Korngold”, Wikipedia, The Free Encyclopedia, https://en.wikipedia.org/wiki/Erich_Wolfgang_Korngold
“Film Reviews”, Variety, Vol. 134, No. 7, April 26, 1939
“Film Reviews”, Variety, Vol. 137, No. 11, February 21, 1940
“Full text of ‘The Film Daily (Apr-Jun 1939)’”, https://archive.org/stream/filmdail75wids/filmdail75wids_djvu.txt
“Full text of ‘The Film Daily (Jul-Sep 1938)'", https://archive.org/stream/filmdaily74wids/filmdaily74wids_djvu.txt
“Full text of ‘Variety (Aug 1938)’”, https://archive.org/stream/variety131-1938-08/variety131-1938-08_djvu.txt
“Good Neighbor Policy”, Wikipedia, The Free Encyclopedia, https://en.wikipedia.org/wiki/Good_Neighbor_policy
Haas, Michael, “The False Myths And True Genius Of Erich Wolfgang Korngold”,
https://forbiddenmusic.org/2015/07/18/the-false-myths-and-true-genius-of-erich-wolfgang-korngold
Hall, Frederic, “Life of Maximilian I., Late Emperor of Mexico, with a Sketch of the Empress Carlota”,
https://archive.org/details/cu31924020394403/page/n10
https://cinema.library.ucla.edu
‘“Juarez’ (1939) Soundtracks”, Internet Movie Database, https://www.imdb.com/title/tt0031516/soundtrack?
ref_=tt_ql_trv_7
‘“Juarez’ Beef”, Variety, Vol. 135, No. 11, August 23, 1939
‘“Juarez’ Draws Fire from Mexican Crix”, Variety, Vol. 135, No. 5, July 12, 1939
“Juarez Kicks Off”, Variety, Vol. 132, No. 10, November 16, 1938
“Juarez Scaled to Do $25,897; Premiere is Shortwaved to S.A.”, Variety, Vol. 134, No. 7, April 26, 1939
“La Paloma”, Wikipedia, The Free Encyclopedia, https://en.wikipedia.org/wiki/La_Paloma
“Maximilian I of Mexico”, Wikipedia, The Free Encyclopedia, https://en.wikipedia.org/wiki/Maximilian_I_of_Mexico
“Mexico’s Okay on Torres’ ‘Cortez’ Pic”, Variety, Vol. 135, No. 5, July 12, 1939
“Music Notes”, Variety, Vol. 133, No. 1, December 14, 1938
“New High Speed Film”, Variety, Vol. 132, No. 10, November 16, 1938
“Nine in Gear at WB”, Variety, Vol. 132, No. 3, September 28, 1938
Nugent, Frank S., “The Screen in Review’, The New York Times, April 26, 1939.
https://www.nytimes.com/1939/04/26/archives/the-screen-in-review
26

Nugent, Frank S., “The Screen: Laughton and Leigh Buss the Buskers in ‘Sidewalks of London’ - New Films at Criterion
and Central”, The New York Times, February 15, 1940, https://www.nytimes.com/1940/02/15/archives/the-screen-laughtonand-leigh-buss-the-buskers-in-sidewalks-of.html
“Only Six Start”, Motion Picture Herald, Vol. 133, No. 9, November 26 1938
O’Sullivan, Joseph, “Juarez (Warner Brothers) [-] A Picture about an Idea”, Motion Picture Herald, Vol. 135, No. 4, April
29, 1939
“Point ‘Juarez’ Opening Toward Latin-America”, Motion Picture Herald, Vol. 135, No. 4, April 29, 1939
“Radio City Revels' Suit”, Variety, Vol. 134, No. 11, May 24, 1939
Romero, Domingo Rodríguez, “Cronología”,
https://web.archive.org/web/20160304102034/http://www.editorialnortesur.com/cronologias/Harding_Cronologia.pdf
“Sebastián Iradier”, Wikipedia, The Free Encyclopedia, https://en.wikipedia.org/wiki/Sebasti%C3%A1n_Iradier
“Second French intervention in Mexico”, Wikipedia, The Free Encyclopedia, https://en.wikipedia.org/w/index.php?
title=Second_French_intervention_in_Mexico&oldid=929965491
“Showmen’s Reviews”, Motion Picture Herald, Vol. 135, No. 3, April 22, 1939
“The New York Press Says of ‘Juarez’”, Motion Picture Herald, Vol. 135, No. 4, April 29, 1939
“This Week”, Motion Picture Herald, Vol. 135. No. 2, April 15, 1939
“Top Grossing Movies of 1939”, https://www.ultimatemovierankings.com/top-grossing-movies-of-1939
“Torres Sues WB for $1,000,000 on ‘Juarez’”, Variety, Vol. 134, No. 6, April 19, 1939
“Torres-WB Mex Race”, Variety, Vol. 133, No. 11, February 22, 1939
“Two WB Biggies Set”, Variety, Vol. 132, No. 7, October 26, 1938
Variety, Vol. 134, No. 6, April 19, 1939
Variety, Vol. 134, No. 7, April 26, 1939
Variety, Vol. 137, No. 2, December 20, 1939
Variety, Vol. 137, No. 3, December 27, 1939
“Vet Film Stars Still in the Running”, Variety, Vol. 132, No. 12, November 30, 1938
“Warners Announce Series of ‘Good Neighbor’ Films, Motion Picture Herald, Vol. 135, No. 7, May 20, 1939
“Warners Announce Series Of ‘Good Neighbor’ Films”, Motion Picture Herald, Vol. 135, No. 7, May 20, 1939
Wilk, Ralph, “A Little from Hollywood Lots”, The Film Daily, Vol. 74, No. 85, October 18, 1938
27

VIDEO REFERENCES
"Juarez" (1939 film): https://ok.ru/video/273249536675
"Juarez"(1939 promotonal trailer): https://www.youtube.com/watch?v=BZ7qIlD0ssU
"Juarez" Overture (played at the 1939 Hollywood premiere): https://www.youtube.com/watch?v=-Xtp1f-bLPk
"The Mad Empress" (1939 film): https://www.youtube.com/watch?v=jwr60kL08iE
ILLUSTRATION ACKNOWLEDGEMENTS
Figure 1: “Perc Westmore Brings You the Glamour of the Stars”, Photoplay, Vol. LIII, No. 6, June 1939
Figure 2: “Round Table in Pictures”, Motion Picture Herald, Vol 35, No, 6, May 13, 1939
Figure 3: “This Week in Pictures”, Motion Picture Herald, Vol. 135, No. 4, April 29, 1939
Figure 4: https://www.shutterstock.com/editorial/image-editorial/various-4427239a,
Figure 5: Goldmark, Karnes, Editors, “Korngold and His World”
Figure 6: van den Lek, “Diegetic Music in Opera and Film: A Similarity Between Two Genres of Drama Analyzed
in Works by Erich Wolfgang Korngold (1897-1957)”
Figure 7: https://www.dvdtalk.com/dvdsavant/s3750juar.html
Figure 8: “Korngold Scores Again”, Motion Picture Herald, Vol. 135, No. 1, April 8, 1939
28