The Providence news. (Providence [R.I.]) 1891-1906, 1905-12-15
fined $25;.
TAKES AN
APPEAL

The complaint against the New England
Amusement Co., proprietors of the EN-
ptrr theatre of having exhibited HPeR the
stage Of that house one Dorothy Doug
las. years OF age. without first obtain
ing a permit from the mayor, as by law
provided. was heard I'm the 9Th district
court today. Assistant City Solicitor Cram
prosecuting and Thomas H. Holton de-
Tending that corporation.
For the purpose Of expedting the hear
ing Il was admitted that the New Eng
land Amusement company Is corpora
ton. that it controls the Empire theatre
and that no permit 10 exhibit the child
was requested until the day following that
upon which the law was claimed TO have
been violated.
Charles IT, Thurber agent of the so
ciety for the Prevention OF Cruelty 10
Children testified that he attended a per-
formance at the Empire theatre on
Thursday evening In November He could
not tell the date; neither could he recall
the attraction
MIR Thurber saw child. who was said
to be Dorothy Douglas. brought upon the
stage at the last OF the fnal act.
The child rode upon the back OF n man
dressed as a donkey, waved her arms
and tried to sing with the chorus. Doro-
thy recited no lines and took no other
part I'm the performance.
Martha +. Preston and Harriet l.. Bur-
don testified that the date on which the
| child appeared upon the stage was Thurs
day, November 10th
They did not see her name upon tho
program and did not hear her speak any
lines. She was on the back OF the man re-
| ferred TO by Mr.. Thurber i'm his testimony
Thomas c. Bradshaw, the acting
mayors secretary. was called to testify
| that on Friday, Nov Il. an application
was made for a permit TO exhibit Dorothy
Douglas on the Empire theatre stage. and
that Acting Mayor Reynolds refused to
grant the application.
Mr.. Holton moved for a discharge as
serting that no evidence had been sub
mitted by the state to prove an infrac-
tion OF the law
Judge Rueckert refused TO grant that
motion and Mr.. Holton called Andrew
Linke, Edward Ward and William ].
Iivsey. OF the Empire theatre orchestra
each OF whom testified that the attraction
at that house on the night OF Nov. 10 was
Johnny and Emma Ray in Down the
Pike"
That the child. Dorothy Douglas, took
no part In the performance.
After the curtain had gone down as
the last act and In response TO an encore
the curtain was rung up and the company
appeared before the footlights.
As they came toward the foothghts
Johnny and Emma Ray. uncle and aunt
OF the little girl. led out the child.
In the spirit OF fun Mr. Ray placed
Dorothy on the back OF an actor who
was dressed as n donkey.
John Masterson. the stage carpenter.
testified that Dorothys mother was away
from the city and that the child was visit
ing the uncle and aunt for that week
only.
During the week the little one played
al, l,pb ha
The night Of Nov. l6 was the only time
Mr. Mastcrson saw the child on Nhe stage
and IN view OF the audience.
Samuel Kaufman, the theatre treasurer.
testified that after the performance that
night he spoke 10 Mr.. Ray and asked him
81 ne had a child In the company
MIR Ray replied that ne did not where
upon the witness Informed him that he
must keep the child OFF the stage unless
he. Ray. wanted the witness 10 apply
for the customary permit.
On tho following morning Mr.. Ray
called upon the witness and said that
Dorothy was so anxious to repeat her
nttle part that he. Ray. wanted an ap-
plication made for permit.
Mr.. Kaufman went to tho city hall.
made a formal application and the same
Manager spltz testified that he saw the
company at Boston during the week pre-
ecding Nov 18th, and there no child took
part In the performance. Also that he
WAS I'm the Empire theatre Nov. 18th and
did not see Dorothy Douglas upon the
stage.
All Holton asked that affidaYits made
by Johnny and Emma Ray and by stuart
r. and Edna VI. Douglas. father and
mother OF the child. be read.
Mr.. cram objected and was sustained
by the court
A second motion Go discharge was not
entertained by the court.
After Mr. Holton had made brief
argument Mr. cram said that the object
~ the law was 90 prevent tho exhibiting
~ children under the age or rs. upon pub
lic stages
The isp had been enacted In conformity