New Britain herald., 1916-03-08
M'MAH0N APPEALS
 FROM FINE OF $50
Theater Man Convicted Of 0Ver-
 CroWding His House
GUILTY ON TWO COUNTS
Charge Alleging Overcrowding on
 Monday Is Dropped and Sunday Night Complaint is Substituted-Ac- cuscd Tries to Argue His Own Case.

cuscd Tries to Argue His Own Case. Patrick $. McMahon, proprietor of Keeney's theater, was fined s25 and costs in police court this morning on each or two counts charging him with overcroWding his theater on Saturday afternoon and Sunday evening. Judge James T. Meskill was on the bench and Lawyer s. Russell Mink appeared for the defense. Prosecutor G. W. Klett conducted the case for the state. After court McMahon ex- pressed a determination to appeal to the superior court and bonds were fixed at s200.
 When McMahon was arraigned in court yesterday morning he was charged With overcrowding his thea ter on March and March G. This morning the charge against him on March 6 was not pressed and an adj ditional charge for Sunday evening was substituted. Lawyer Mink com plained that he was somewhat embar- rassed by this substitution as he had secured witnesses for the first men toned dates. Prosecutor Klott re- piled that there had been no change in the Saturday warrant and he had warned Lawyer Mink yesterday about the additional complaint.
 Tells of Overcrowding.
 Chief William J. Rawlings of the police department was the states first witness and the only question asked him was whether McMahon is a lj- censed theater man. Lawyer Mink at tempted to ask the chief if it is his duty to investigate and inspect thea. ters but the court refused tOa dmit the question on cross examination as it had not been brought out in direct eN- animation.
 Building Inspector Arthur N. Ruth erford testified that between 2:3O and 3:15 o'clock Saturday afternoon he visited Keeney's and found at least sixty people standin gin the rear. This crowd blocked the entrance to the three aisles he said. The inspector said he visited the theater at 1905 Sunday evening and found about forty people standing in the rear. He or dered McMahon to clear the rear Of the theater in an hour. When he re- turned at S:O5 o'clock he found more than twice as many standing there. Inspector Rutherford said he has re- peatedly argued to no avail with Me- MahOn about conditions at his thea ter.
 Chief Dame of the fire department visited the theater with Inspector Rutherford and corrOborated his statements. Edward J. Woods of En- zine company No. 1 said he was with the other two men and as they cleared the way in the rear of the theater he followed. Later to a question from the judge Woods said that although the chief and the inspector had no genu- inc difficulty in getting through the crowd, it was nevertheless, necessary to walk sideways.
 C. s. Andrews was called to the stand as a witness for the defense, but when Lawyer Mink discovered that the charge was for Saturday afternoon he withdrew him as MT. Andrews was a witness for Monday afternoon.
 P. s. Argues His Case.
 McMahon was then called to the stand and the spectators sat up expect ing some interesting and enHghtenlng testimony. In tGis they were not dis appointed. He at once started by say ing 'Rutherford swears there were sixty people standing there. Why that passageway will hold 25O easy. When objection was made to this line of exclamation McMahon asked, "Wel what shall I tell" He then began to explain at length that he had had good working agreement with the po- 1 lice regarding the way his house was 1 to be managed, but Prosecutor KIett 1 Nettled at the interrup~ l ton McMahon said, Well, if you're | going to testify I will too" The thea 1 ter man explained that it is possible | for "at least 200 to stand in the rear ] of the theater and still leave three l foot passa geway." He told how he | watched the seating of the house every day and once more attempted to tell of his working agreement with Detective Samuel Bamforth but Pros ecutor Klett cut him short, declaring that he did not believe the authorities were in any agreement to violate the law.
 II don't call it violating the law" retorted McMahon.
 As he and the prosecutor were ar guing, Lawyer Mink asked that he might get the ear of the court.
 Well, I don't know who is arguing your case--you or your client, replied the judge.
 McMahon told how the building in spector had visited him Sunday night and told him not to stand people in he rear of the house. II said, you can't do that" McMahon said he re- marked, but he said that after that he did not let any one else into the he theater. To a question from his awyer he admitted that he made :Lb- solutely no attempt to obey the in spector's instructions as he did not mink it was necessary in view of the
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