New Britain herald., 1916-05-02
COURT UNABLE TO
 SENTENCE M'MAHON
Judge Kirkham Disqualified, Al- though Theater Man Pleads Guilty

case agd1nSI |. MchdHoll, pIOpl IC- tor of Keeney's theater, charged with l a violation of the theater law in per hitting children under the age of fourteen years to enter his theater alone. was introduced by the lawyers in court this morning, Judge John Ii. Kirk ham finally ruled that he was dis qualified and could not give a decision. Hence the case was continued until tomorrow morning. Judge klrkham s law firm does some business for Me Mahon. therefore he felt that he was disqualitied. When he consented to sit on the case the judge understood that Lawyer McDOnough for the de- fense. and Prosecutor klett had agreed on a plea of guilty and the nature of the fine.
 McNLahon Pleads Guilty.
 McMahon was charged on three counts. it beng alleged that he per mitted Mary karbOnick, 12, Dletro Karbonick. 10, and Maple Alpee, 9, to buy tickets and enter his .theater alone Saturday afternoon. McMah0n pleaded guilty on all three counts. In presenting the case Prosecutor kiett recited a part of Frank DuttOn's tes- timony of yesterday in which he ac- cused McMahon of ordering him to get Officer Mount away from the door on some excuse so he could run the children in. The prosecutor said he was prepared to prove these state- ments but Lawyer McDonough said he was prepared to dispute them This is the third time McMahon has been arrested for a violation of this law. The first time he was fined $35 and costs on each of two counts and the second time he was fined $50 and cost on each of two counts. In view of this, the prosecutor asked that he be fined $50 and costs on each count to- day,
 Although he did not openly accuse Dutton, Lawyer McDonough, in his statements to the court, made it plain that his belief is that it was Dutton rather than McMahon who was inter- ested in letting the little children into the theater and he even went so far as to say he doubted that they paid their own way. He also said that the must have been let in there flor some reason" and later when Judge kirkham remarked "Dutton seems to be the man who run them in," McMahon's lawyer said that's just it." The defense expressed a to dispute all evidence to show that McMahOn hired or asked DuttOn to lure the officer away that he might let the young ones into the pictures.
 Criticizes Theater Officer.
 Judge Kirkham seemed not adverse to criticizing Officer Harry Mount, re- that Mount knew the three title children were in there. Why didn't he remove them ' Again he said, ''I don't understand why when m officer knows the law is being vio- ated he does nothing to prevent it."
 Judge James T. Meskill will prob ably be called upon tomorrow to pro- nounce judgment on McMahon.
 Wouman Like Tennyson's Brook
 Mary Fitzgerald was arrested by Officer William Strolls near the depot last night for creating a, disturbance and when her case was called today she gave a correct imita ton of Tenny- sons brook which goes on forever Al last accounts the female prisoner was
 
 her swearing and cursing before q large crowd on Church street and ar rested her for drunkenness. Her first statement was to deny the charge. her second was to protest because the Of fcer had held onto her hand and wouldn't let go Its the first time 9 man has laid hands on me in twenty years," she said. She denied being <l 1l. had just tasted of some liquor." She was bathing her brothers injured leg with some, she said, and touched her lips to it to see if it was strong enough. A fine of $7 and costs was imposed.
 Duff Goes to Jail.
 George Duff, teamster, was ar raigned on charge of drunk enness and breach of the peace He was ejected from his place of abode at 623 Main street yesterday and last night Officer William Hart arrested him af- ter he had broken in a window in an attempt to get into the house. He was sentenced to twenty days in jail.
 Josephson Goes to Jail.
 Morris Josephson, who has been ar rested repeatedly for failure to SUD- port his children and has been given numerous chances on probation, was with violation of probation and the court sent him to jail for ten lays. JOsephsOn is a moulder and has been earning good pay but rather than to the support of his little ones he has preferred to contribute to he support of the various distilleries and breWerieS