Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1911-01-18
THEATRE CASE
Is HEARD IN
POLICE COURT
Question of Right to Exclude
Anyone from Place Has
Two Sides.
MAY REACH HIGHER COURT
--BULLWlNKL HELD

superintendent John Bullwinkle,
OF Proctor's theatre, was held to
| await the action OF the grand jury
by Recorder Kehoe at a hearing last
night on the charge, brought by
Robert Hand, of violating the Civil
Rights Act in excluding him from
the theatre. The management. how
ever, viii still maintain the right to
exclude any person In their mind
who is undesirable as a patron of
the house. Mr.. Bullwinkle was not
present at the hearing last night, be-
ing represented by counsel.
The hearing started at Z o'clock
and by that time standing room was
at a premium. Thomas Brown, rep
|resenting Mr.. Hand, placed the
plaintiff on the stand to tell the
story of what happened on the night
he was put out of the theatre. Mr..
Hand testified that he had entered
the theatre on the night of Thurs
day, January 8, accompanied by
John f. Rielley, Jr He said he pur-
chased a ticket at the box Office and
entered the theatre after surrender
ing his ticket at the door, only to be
accosted by Superintendent Bullwin-
kle few feet from the entrance
and requested to leave the theatre.
Mr.. Hand said he refused to do SO
Of his own volition and that Mr..
Bullwinkle then put his hand on his
shoulder and took him to the door.
Joseph e. Stricken, representing
Proctor's, said that he did not care
to cross examine Mr.. Hand with re-
gard to his testimony. He stated
that as long as Proctor's theatre
was maintained in Perth Amboy the
management would reserve the right
to exclude whoever 1t saw fit, even
to the Honorable Mayor Albert
Bollschweiler or Chief OF Police
Patrick J.. Burke, II such state
ment would strengthen the position
that they maintained
1t was Proctor's purpose. Mr..
Stricken continued, to collect all the
dimes possible in conducting their
business and whenever anything
came up In the form of person
who was likely to interfere with the
collection of those dimes, the man
agement reserved the right to exz
sssss ssss' ,sorsgar, ri sSsa Rs6sa MA "
Act was drawn particularly to apply
to members of the eoiored race In
| that they might not be denied ad-
mfttance to public places because OF
their color and that under these cir
cumstances he did not consider that
Mr.. Hand had any right to apply for
the privileges CT that act to gain ad-
mittance to the theatre in question.
Representing Mr.. Hand, Thomas
Brown said that there had been no
decision in New Jersey that would
permit the exclusion of orderly per-
sons from public places. The Civil
Rights Act. he said, was not made
to protect the black man at the ex-
pense of the white man, in permit
ting the black man to enter where
the white man could not. He show
ed that the New Jersey law applied
to all persons without regard to
race, creed or color and asked that
Mr.. Bullwinkle be held for the
grand jury for violation of the
Civil Rights Act, which permits any
orderly person to enter public
places.
Mr.. Stricken said that the theatre
was not public place but private
institution, regardless of the fact
that the place was licensed.
The case lasted for about fifty
minutes, at the conclusion of which
Recorder Kehoe said that in his
opinion there was evidence enough
before the court to hold Mr.. Bull
winkle for the grand jury. AS Mr.
Bullwinkle was not present in per-
son he was paroled in the custody
of his counsel. Manager Brunelle,
of the Proctor firm, was an interest
ed spectator at last nights hearing.
This is the first case that Recor-
der Kehoe has held for the grand
Jury.
1t is understood that Mr.. Hand,
through his attorney, Mr.. Brown,
will bring suit for damages In the
district court against Proctor and
Sanderson, proprietors of the thea
tre. The decision of the police court
in holding Mr.. Bullwinkle for the
grand jury is by no means final, but
1t is understood that the plaintiff is
prepared to carry the case to the
highest court if necessary.