The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-08-24

Tho Spectators Furnishing Test Csse-Hearing
Before Mayor Hall

The Mayors Court In the City Hall was centre OF
much attraction yesterday, In consequence OF the
case involving the traditional franchise OF the ticket
SPECTATORS the right to sell tickets the side
walk to places in theatre being set down for hear
| ing before his Honor the Mayor. There was nu.
merous and eager attendance of young men who
evidently belonged to the class OF ticket SPECTATORS
judging by their dress and the universal interest
they manifested In the proceedings. Among these
gentlemen indignation was freely expressed against
what they termed the tyrannica combination OF the
theatre people 10 suppress al old and legitimate
business, which obtains In every city in the world
They insist that their business is as lawful any
other. ana Is tacitly protected by franchise not
precisely projected by statute made and sprovided
but having the force and efficiency which lmmemo-
Mr.. George Apeley, the defendant who is accused
OF having created disturbance at Booths theatre.
appeared with his lawyers, Mcssrs. Davis Brewer,
TO answer the charge. The defendant had resolved
to make his test and secure for the frater
nifty Of ticket spectators decisive Judgment on the
much vexed question as to the right OF persons TO
dispose Of tickets regularly purchased OUTSIDE OF the
Dox once OF the theatre. HIS Honor Mayor Han:
his readiness to take dispositions In the case.
me first witness examined BY the Mayor was
Booths theatre the night OF the nth Of August;
know Mr.. Apeley and heard him making a disturb
ance; the first thing which attracted my atten-
tfon was loud talking; 1t not only reached
my ears, but disturbed portion OF the audience;
observed no Otner disturbance than what was Occa-
stoned by MIR. Apeey's speaking In an unusually
bOisterous manner calculated to draw q crowd.
Henry II. Hinton testihed-I was standing In the
lobby OF Booths theatre the night OF the 18th OF Au
gust; have no official connection with the theatre,
but attend there to dispose OF my books and publ
cations; the night In question was standing about
twenty five feet from the entrance while q large
crowd Of people was coming in; heard loud talk
Ing and saw Mr.. Magonigle expOstulating with
man and requesting him not to speak so loud.
The MayOr-DO you see that man here to whom
Mr.. MagOnigle was speaktngY
W1tness-He was large man and cooking around
at the defendanp believe this was the gentleman;
noticed the conversation was loud enough 10 be
heard inside the theatre; i did not belong to the
audience, but was attending to my business as
usual.
william Moore testined-I am doc, keeper OF the
theatre saw Mr.. Apeley the night IN question try to
enter; he insisted on being admitted, but was re-
fused; he declared In o LOUD tone OF voice that he
should get In, and on being asked by Mr. MagOnige
10 speak in lower tone of voice he refused force
was used to prevent HIM rom going in: an officer
was called, to whom he was given In charge, and
that was the last saw OF HIM.
The Mayor turning TO counsel for the defendant
think, Mr.. Davis tnat is enough for me to take
complaint for disOrderly conduct under the statute.
Would you prefer TO wait until the dispositions are
written out and read over before you crOss-eXamlne
the Witnesses postpone 1t until another occasion?
Nj. Davis-Just as your Honor pleases.
The Mayor-Wei, the examination viii be pro-
ceeded with tomorrow al one O'Clock.
Hereupon the brief proceedings terminated and
the audience dispersed.