The Washington herald., 1910-11-06
EXPOSED In COURT
Press Agent Scheme Causes
Legal Suit.
THEATER PUBLIC "sPOOFED"
Evidence Reveals Remarkable Man
ner I'm Which Hat Incident Was
COncOcted 30 Deceive Audience
and Advertise Prince of Wales
Playhouse in London.

London, Nov. 5.-British courts oi JUS
tiee must not be exploited for the pur-
pose Of advertisement This legal deei-
sien was given in a case brought by
Thomas Lumley Damn, a press agent,
against Frank Curzon. the theatrical
manager.
The evidence revealed the remarkable
manner in which the public was
"spoofed" over a certain matinee hat in
cident which occurred at the Prince Of
Wales Theater IN London some months
ago This incident. the details Of which
were cabled to The Washington Herald
at the time. was manifestly a fake TO all
those who are initiated into the ways OF
theatrical advertisements.
Mr.. Damn, in his action, claimed $500,
which he alleged was the sum Mr.. Cur
zon agreed TO pay him for arranging the
affair while Mrs. Damn. who assisted her
husband in the affair claimed S262 in
payment for her services. Mr. Curzon
admitted that he agreed to the incident
being arranged. but denied that he agreed
10 pay these sums.
The Judgment OF Judge Woodfan. who
incident. He said:
Opinion of Court.
in the early part OF this year. when
the plaintiff was employed by the de-
PENDANT as his ess agent. he suggested
TO the defendant that it would be an ex-
Cellent advertisement both for the theater
and for the defendant as manager, II
the following scheme We're carried out;
Two ladies and a gentleman were to be
engaged, the ladies were TO occupy two
stalls and TO wear ultra fashionable hats.
The gentleman was TO occupy stall inn
mediately behind them. and during the
fall OF the curtain peremptorily demand
of them that they shoulG take their hats
of.
The ladies were 10 refuse. and the gen.
tleman TO urgently and aulibly insist. and
The disturbance was 10 attain such pro-
portions that the defendant should be
sent for and invite the trio outside in
the corridor. ana demand OF the ladies
that they should remove their mats OF
leave the theater; that the ladies should
resist the demand: that the defendant
should theTeupon eject them by tech
meal assault Of laying his hand on the
shoulders of one of them; that the ladies
should leave and summon the defendant
before a magistrate for the assault and
that the defendant should plead the right
% protect the convenience OF his audi
-nce
The defendant consented. and the
cneme was carried out In every detail
The price Of their seats-WhiCh they hac
not paid for-Was Ostensibly returned tC
tie ladies, and in pursuance Of the plot
they proceeded TO summon the defendant
Ter assault.
The magistrate heard the charge, anG
dismissed il, holding that the defendant
was justified in what he had done. TIL
III intiffs now @lege that the defendant
greed 70 pay them for their services IN
carrying out the venture.
Holds scheme Illegal.
Il am OF opinion that the agreement al
legged is Illegal. being contrary TO publ,
policy and that no action is maintainablt
upon it, And this for two reasons: O.
The spectacle of two ladies being peremp
torily and hrusquely treated might Wei
have aroused interlOcutiOn on their behalf
and led 10 a serious breach of the peace
% The invocation Of a court of law Il
punish an Offense which. 10 the knOWl
edge Of the parties. had not been. ever
technically, committed was in the ma
ture OF a fraud on the administration d
justice l therefore dismiss the two &C
TONS and leave each party 10 pay hi.
own costs
In case of a successful appeal agains
this decision. and TO save the expense Of
a second hearing. I will state wha
otherwise would have been my findins
and decision. / find that the defendant
did agree TO pay the plaintiff Damn el05
that the defendants set-off Is valid. and
/ should have given judgment accordingl!
for the defendant, with costs. / find tn,
defendant did agree TO pay Mrs. DanT
so los, and / should have given judg
ltnt lor her with costs"