The San Francisco call., 1898-03-19
WAR ON THE
 THEATRICAL
 SYNDICATE Hearing of the Libel Case Against MT.
 F'iSke. Editor of the Dramatic Mirror Said Harsh
 Things. Accused Members of the Com bination of Being a Band
 of Adventures.
AL AMMAN UNDER FIRE.
While Upon the Stand the Manager Is Compelled to Make Very
 Sweeping Denials.
Special Dispatch to The Call.


 NEW YORK, March 1S.-Harrison Grey Fiske, editor of the New York Dramatic Mirror, who was apprehend- ed a week ago on charge of criminal libel, on complaint of Marc Klaw act ing for what is known as the theatrical syndicate, appeared to-day before Magistrate Simms in Jefferson Market Court, for a hearing of the case. MT. Fiske was represented by Abraham Klink.
 Assistant District Attorney Daniel O'Reilly appeared for the prosecution. In the syndicate represented by klaW are Al Hayman, Charles Frohman, Samuel F. Neidlinger, J. Fred Zimmer- man and Abraham l.. Changer. These men complain of two articles written by MT. F'iske wherein he referred to them as ''the theatrical trust" and un- lawfully published "a false, scandalous, malicious and defamatory libel con- cerning them in which the writer said they were a band of adventurerS of in- ferior origin, of no breeding and utter ly without artistic taste. who, by de- vices that achieve corner in pork or cattle or corn. have seized upon the theaters of this country and are deter
 
 the level of the sweat shop"
 MT. Hayman was defended by David Levenritt and MT. Shakespeare of Phil adelphia. When the manager took the stand he stated that the publication of the article complained of held him up to public ridicule.
 MT. Klink asked MT. Hayman what he understood by artistic taste, but counsel objected and would not allow witness to answer.
 MT. Klink said he proposed to show that MT. Hayman had no artistic taste.
 MT. Hayman said that he and his theatrical partners had read the arti- cle containing the alleged libel and dis cussed it between them before they took this action
 What do you understand by band of adventurers? MT. Hayman was asked.
 "A party of men combined to prey upon the public, was the answer.
 What is meant by to prey upon the public? ?'''
 "A rascal who stands before the pub lie as just such an adventurer"
 Did you try to ascertain the defini tion of an adventurer in a dictionary" T decline to answer" was the wit ness reply, as his counsel objected to the question.
 Did you understand you had been charged with having obtained posses sion and sole control of the theaters of various cities in the United States, and the pool you are connected with?"
 "Yes. I did"
 "You knew by reason of this fact that any manager not booked in your syndicate could not play in any of your theaters?"
 This was objected to.
 @l,@ %f,o L. her, the same as in pork and corn.' This question was put again and MT. Hayman said, ''I don't know"
 MT. Hayman explained that in some cities the syndicate controlled some theaters and only booked in others. is a trust?"
 T don't know what you call trust. I signed an agreement"
 Mr. Hayman became somewhat nettled and appealed to the magistrate. Tt looks as if I were on trial here and not Mr. Fiske," he remarked. He was being questioned as to the rights of managers to book companies and stars in various cities without the written consent of the syndicate.
 The agreel-- mt was that booking could not be done without the written consent of all the parties he said.
 'lS 1t not fact that in some cities you control the leading theaters? ?" Yes, we do.''
 ''They have achieved a corner in theaters in these cities, the same as the corner in pork, or corn, and reduced them to the level of the sweat-shop." said the attorney for Mr. Fiske. ..Bv securing complete control they prevent competition,' he added.
 You are carrying this theatrical syn- dicate or trust for revenue only?"
 Yes. sir" answered MT. Hay man.
 MT. Hayman was asked about put- ting corrupting plays into the theaters of the syndicate. His counsel said he could not answer that; he did not write the plays. Several plays alleged to be immoral were mentioned
 I regard some as good extravagan- gas; there Is nothing immoral in that" MT. Hayman was asked about when he went to Australia. He said in 1876. Were you known as a ticket of leave man in Australian"
 NO, sir
 Had you been arrested in Austral- NO, no, sir"
 Here Mir. Hayman appealed to the court, "as there are many reporters present"
 These reporters must make a nv- ing" said MT. Klink, and the examina- tion went on.
 MT I1dyIndH eOlu ol HIS carry tnealr1- cal ventures.
 You produced a play by Fred Mars den, owned by Joe Murphy?"
 ''I did"
 ''You were charged with pirating this p1ay?''
 'I was not The hearing was brought to a close here, to be resumed Monday morning
 -
 Russian photographers have a strange way of punishing those who, having re- r-nd hofr dn rasnfr tl,.>i..