The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-12-09

" INV WIT v v ~ wv
ers. He Asserts-Matince at keith a.
PrOctOr's TirtN.eighth street Described
NJ Length With the Courts UeIp
Magistrate Walsh announced yes, erdsy
in The Iorkville police court that not only
were the managers OF theatres liable for
the violation Of the Sunday law. but the
ushers. doorkeepers, ticket sellers. stage
hands. cleaners and all others who aided
in giving the performance were amenable
likewise.
He made the announcement in the course
Of the examination OF Thomas IL Sheldon
Of Keith Il Proctor's Fifty-eigh'h street
theatre. who went 20 court in response TO
a obtained by Det ective Summers
Of the Fast Fifty-first street station. When
the detective laid some of his evidence
before the Magistrate the latter ordered
a formal complaint made ont, and his was
done
When the examination was taken up
Summers said that he and Detective Marion
went to the theatre last Sunday afternoon
10 zee il the Sunday law was violated. lie
asserted that he found Sheldon in charge
and informed him of the reason OF his visit.
Mr.. Sheldon went on the stage. and re-
turned in q few moments and assured him
that everything would be all right.
Marion and | sat ont the afternoon per-
formance." went on the Diet ective. In
nv opinion there was n violation OF law.
The curtain was raised and lowered ~
intervals, On the stage ~ome Of the act ors
were dressed in costumes. There was
singing and playing OF Instruments"
What do YOU mean by costumes" asked
Harold Spillberg, counsel for the defendant
We'll. there was the Quaker City Quartet,
for instance. They were dressed up al
bIackSmiths, with red shirts and leather
aprons. and hammered on anvils while
they sang. A man came out on the 81
in the getup Of a tramp. 4 German come
dian appeared with a psstebosrd sirship
and sang a song
Did he go mp in the airship:' the Magis.
trate asked.
no, he held the airship in his hand
Then there was a sketch. The Happy
THANKSGIVING went on Summers. There
were4hree men and a girl in it, According
10 the play the girl had run away from her
home in New England some wears before
and she had come back inst 10 time 10 make
the Thanksgiving q happy one"
Why did she leave home'" inquired his
Honor. .
She couldn't stand the old man. mean
she had a disa greement with her stern
parent, the detective responded.
Another number on the programme was
a woman juggler. The detective said he
saw her Juggling an orange.
Could you tell II was an Ornnge from
where you sat'- the defendants lawyer
demanded.
You could see that it wasn't a lemon.
couldn't your" asked the Court.
u could see the oranges she threw up in
the air and caught in one hand"
The lawyer wanted 10 know If he conSid-
cred that Juggling.
Didn't she keep two oranges in the air
while one was in her hand. this way?" asked
the Magistrate, AZ he made up and down
movements Of his hands while looking up
at imaginary objects.
Yes, that's just il. Your Honor must
have been there. responded the detective.
I've seen IL often
On cross examination the lawyer wanted
to know how he got into the theatre.
Il offered TO pay for my admission az ]
saw the crowd do. but they knew me and
refused 10 tai my money
He said the scenery on the stage was not
changed, but the prope were changed for !
the different numbers. The lawyer wanted
10 know IL the only two curtains that the
theatre had did not remain up from the
beginning to the end of the concert. sum- !
mers said that was true, but that the screen !
that is used for moving pictures was lowered
and raised between numbers.
Marion corroborated Summers.
The defendants lawyer asked that the
complaint be dismissed. HE request was
refused. Then Sheldon told his side. He
said he was not the manager Of the theatre.
He was the superintendent and had charge
OF the front of the bouse-that is, of the
ushers. cleaners and other employees.
When the detectives entered the theatre
Sunday he ven back on the stage 10 see Ml.
Robinson, the manager The manage WAS
at home sick, but he talked 10 him over the
telephone and told him that the detectives,
were there.
Il then spoke 10 Mr.. Walsh about ii" Shell.
don added.
Who is Mr.. Walsh" asked Magistrate
Walsh.
Hes the stage manager"
W want Mr.. Walsh here, and I'll issue a
subpoena for him and adjourn this case
until Monday, said the Magistrate.
As you are now aware that Mr.. sheldon