New-York tribune., 1920-11-16
Tlleater
Where ODied
Not Licensed
Continued from page onD

that application was made in 1916 to
alter the building to conform to the
laws. These alterations we're not made
until 1918. According to the plans
the trapdoor in The Sidew walk, which
had warped until it intertered with
the opening Of the door from the gal
lery, had been put in since 1918. The
trapdoor does not figure in the Official
plans.
TIE proprietors Of the theater. Max
Schwartz, OF 457 East ls6th Street, and
Barnett Weinberg, Of 6s7 East l3Sth
Street, with their ticket seller Joseph
Polani, Of - First Street, we're ar
raigned before Magistrate Raphael
Tobias in Tombs Court yesterday on
suspicion Of homicide
The affidavit, which was signed by
Detective William Ii. Burns Jr., of the
Fifth Precinct detective DIVISION
charged that the three men feloMiously
caused the death OF several human be-
ingS through culpable negligence in
motion picture theater locked, and tina.
they failed to take proper precautions
TO safeguard the patrons, in violation
Of section 1862 Of the penal laws.
Bail at $4,000 Each
Maglstrat Tobias fixed the bail Of
Schwartz, Weinberg and Poiani at Sl0,-
600 each. on motion Of Deputy Assist
ant District Attorney Mcclure. Upcn
agreement Of both sides the examina-
tion Of the three men was set for Fri
day.
Mrs. Ellen A O'Grady, Fifth Deputy
Police Commissioner, in charge Of the
welfare work Of the Police Department.
who attended the hearing. said many
motion picture theatsrs on the lower
Last Side, particularly about Chatham
Square and in East Broadway. are 4
menace 10 the lives Of children. She
advocated closing all motion picture
theaters in the city until they have
been inspected tor violations Of the
law
~ investigated conditions in moving
picture houses in those three sections,' >
she said, and found them a menace to
the lives Of children.'
Yesterday the post between the gal
lcry door and the main door, to which
staple was attached, was sawed out
and removed for possible future evi-
dence
Il is the contention Of Commissioner
brennan, after going over the scene
o. the panic, that the children could
not have reached the gallery door
4thu!.S 10 tue street MOST or tne
fatalities. according to the Commits
sioner, occurred or the stairs. where
/ children stumbled, or at the very bot
tom OF the stairs, come distance from
the door
Alfred J. Talley, Ass,stan. rlst~ic.
Attorney, in charge Of the District At
to-ney's investigation, said las. night
that the invest tigat.on had not been
under way long enough fo- him TO be
nanslaughter Will be sought against
any Of the men under arrest.
IF there is any evidence Of culpable
negligence tnat cun be construed as
lnanslaughtcr an indictment will be
sought" he said. "The sale Of tickets
10 the minors WHO were in the theater
pnaccompaned by guardians could not
be construed as marslaughter, but will
be prosecuted as a msdemeanor pun
ishable By fine Of $3.50, or thirty days
in jail.
The indications are the door was
rot locked and could have been opened
il the children had reached it."
William J. Kelleher and A. Mos
sapp, agents Of the Society for the
Prevention Of Cruelty TO Children, fur
nished Mr.. Talley with evidence pur-
porting to show that tickets we're sold
20 children under sixteen who attended
the picture show. They obtained. they
( said, statement from Carmelo Olivera
under tha. age Of So Oliver Street
that he took his brother. Salvatore