Daily capital journal. (Salem, Or.) 1896-1899, 1896-12-02
DISTURBANCE
OF a Public ASsemblage,
Extended Trial of Julius Pinckus
Before Recorder Edes,

fendant had disturbed the assemblage
at the theatre by rude and disorderly
conduct, that to the terror and NOR
tification of those assembled they had
marched in like Indians by a precOn-
certed movement to break up and
annoy the audience.
Mr.. Kaiser replied that he would
show that Mr.. Pinckus was not the
chief disturber, and made no more
noise than others, that he conducted
himself as well as some of the best
people there. He did not wish to have
the case tried otherwise than on the
facts.
Hal. Patton: he was not at the Reed
as manager, but as q spectator. Saw
PiDckus with others;he had peculiar
voice; he talked back to the actors,
mumbled and disturbed those near
him; was intoxicated
Kaiser objected as Pinckus was not
charged with intoXication. Sustained.
Court asked witness to contine his re-
marks to the accused.
Great disturbance was created as
people were leaving the house; there
were $50 present. Mr.. Barnes, Judge
Henry and others asked him to quell
the disturbers; He spoke to all that
they should keep quiet; defendant
was muttering to those near him,
ladies were disturbed, people as far
back as the raised seats and even in
the gallery heard Pinckus mutter and
humble.
Dissemination: only words Pin
ckus used were to Burggraf about "his
widow" did not remember the words;
the show was over; the curtain was
down; the orchestra was through
playing, when he struck at McElroy.
G. IL. Burggraf; saw defendant on
front row OF opera house; recognized
Pinckus voice, who interrupted his
lines as an actor, was having good
time laughing and talking with his
friends; there was laughing and mnm-
bling.
Cross-ex: the play was a society
comedy; it was to make people laugh;
recognized his voice next day in the
police court; it was comic play; did
not see attack at close.
Willis McElroy: defendant was there
in drunken conditions; heard him
laugh out loud; his laughing and talk
ing disturbed the playing and the
music; he assaulted witness after the
show; the blow was severe; it knocked
him down: one blow aside the neck.
Cross-eX: had some conversation
during play; asked him if he was
raised in a barn; called him a s--n-of-
a-b-h; was so mad did not know
what he said.
d. w. Mathews: heard considerable
disturbance; heard parties talking;
Burggraf reprimanded them and they
talked back in an insulting manner.
Cross-ex: Did not see or hear Pin
ckus.
l.. d. Henry: live in suburbs; was
an extensive disturbance; there was so
much talk and laughing from the
front seats on the right side;could not
hear the noise
Cross-eX: saw and recognized de-
fendant as one of the disturbers.
w. b. Morse: was disturbed by
talking and walking about of the par
ties: talked aloud and laughed; many
complained; recognized defendant; he
walked across aisle several times and
conversed with his friends; could hear
very little that was said; heard only
one remark, but could not say it was
this man; Others whispered, laughed
and talked but not so as to disturb
anyone.
j. Q. Barnes: there was a'great deal
of disturbance by the party of thir-
cen; it consisted of loud talk, laugh
ter and moving about;could not recog-
nize defendant as the one who created
, the disturbance.
e. S. Eller, called for defense; saw
OOhAO III Nlbh OObCio llduC
no more noise than Others who came
in and shuffied their feet; it was not
PInckus who made the remark to
Burggraf on the stage; the manswho
spoke had heavy Voice; Pinckus had
light voice; did not consider that
they were drunk'they had been drink
ing some.
w. G. Westacott saw Pinckus at
opera house; he was quiet.
Cross-ex: hopgrowers generally stop
ped with him; they had some wine as
many Others did.
Mrs. Anna Nichols; manager of
Postal Telegraph; attended play and
sat ten feet from Pinckus; saw moth
ing out of way in his conduct; made
some stir in getting settled; remark
was not made by Mr.. Pinckus; he
talked in low tone; some one said,
''yOu bet, I'D hold her:n WOnld have