The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-11-29
TIE BROADWAY THEATRE OUTRAGE.

The investigation in the case OF the Broadway
theatre outrage was resumed yesterday afternoon
before Justice Shandley, at tue Essex Market Police
Court.
william A. Moore, being duly sworn, deposed-I
am business manager or the Broadway theatre:
was at the theatre the night OF August a. the
agent OF Mr.. Barney Williams; was In front OF the
theatre when the melee took place the stage and
saw nothing o. 1t; Mr. Daniel Harkns was the lessee
OF the theatre during the week commencing Mon
day, August "a aud ending on the Saturday night
following; he only kept the theatre open four nights
Mr.. Harkns employed and paid the actors and en-
ploy6s on the stage on the night In question, with
the exception OF one or two OF the regular hands:
some OF the employees and some Of the actors were
specially engaged and paid by Mr. Harkins for his
term OF one week; Mr.. Burnett Mr. VALLEY, Miss
Mary Wells and Miss Hawthorne, actors. and car
peuter named Wilson mot the Wilson who was shot
were brought there by Mr. Harkins; the most Of the
employees on the stage-such as sceneshifters, gas
lighters and supernumerares-were the regular EN-.
ployes of the theatre; Mr.. Harkns paid all these
parties himself: Mr. Williams received certain sum
for the theatre, and Mr.. Harkins paid all the cx-
penses the theatre was entirely run 10y IIarklns on
the night OF the disturbance.
Thomas A. Bancker, OF NO 23l East Thirty-1rst
street, deposed--I am q deputy sheriff; was mp
pointed by sheriff 0'Hrien IN January. Is6s; am ut
tho mead OF the department for Orders OF Arrest;
ing them take their orders from me; have ex-
hIbit An before; IL II an order Of arrest against
Daniel Harkins FIRST saw this paper about halip past
two the afternoon OF August ~ received IL from
the plaintiffs attorney; at the time received 1t the
plaintiffs attorney stated that the defendant liar
kns) had stolen from the plaintiff that day $3.50; that
he was "a common actor, not q responsible person,
anu that unless he was arrested that afternoon or
evening ne would run away, and that the person
present with the attorney was there ready To 20
with the deputy for the purpose OF pointing
Harkins out; I asked him f Harklns was PLAYING
hp fbnat n W ,yn
ager: no said he was not; thereupon called Mr..
Hickey gave him the order OF arrest and told HIM
10 take charge OF the case; Hickey and these par
ties went away together for the purpose of making
the arrest; next heard OF this order OF arrest NJ
halfpast eight In the evening" when Ms Hickey and
| THIRD avenues Hickey stated that they had en-
deayored all the afternoon TO make the arrest but
| had been unable to md llarkns unin the evening
| when they found he was ut tho thcatrc that the
| parties at the theatre appeared TO be aware that
| the order OF arrest was out and would give him
! no satisfaction, and that when he asked them any
questions they would laugh at him; nc said that the
plaintiff was there vt the theatre where ITarkins
| playing insisting on the arrest being made; told
Hickey to 40 back TO the theatre aud endeavor TO
who had charge, and state TO them that he held the
order OF arrest against iarkins and further that
would walt up until one O'Clock 10 accept bail for
him, and THAI Mr.. Harkins could finish hts play aud
1 come up after the theatre was out; Hickey then
asked me what heshoud do In the event Of HarkiDs
refusing 10 acknowledge the arrest or put In bail.
/ I told him In that case he should take him
/ to Ludlow street Jail; Hickey then stated that
the back door OF the theatre stood partly open mt
times and that there was no trouble In his getting In
on the back OF the stage; told Hickey IL he could
| not zee Harkins while he was playing TO send word
] him BY some enc tbat no would not 30 Iocksn up