The Omaha guide., 1934-05-09
Mrs. J.H. Kerns Loses
Theater Suit

Mrs ldean Kerns, wife of J. Harvey
herns, executive secretary of the Mid
City Community Centr- Urban League.
brought suit against the management
Of the Brandeis Theatre for violation
OF the Civil Rights bill and assault.
The case was tried in Municipal Court
before Judge Sophus Needle, Jr.
The plaistiff sued for damages on
the Civil Rights act and 5000 IN the
assault action. The suit was an after
math of controversy regarding seats
to be occupied by Mrs Kerns and Mrs.
William Haynes, who attended the
show On March 22nd.
Mrs Kerns testified that she and
Mrs. Haynes purchased tickets, went
into the foyer of the theatre, thence
to the center door of the auditorium
proper There they were met by an
ushe who stretched his arms across
the door preventing their entering.
A46
He told them that they would nave IN
go TO the balcony. Some few words
were passed, after which the Usher
directed them to either go upstairs.
get their money back or see the mana
ger. They decided to do the lattar
Repeated knocks at the office door
brought no response. The ladies then
decided then to see the show and
started again into the main a1d;tor-
lum- Mrs. Kerns going to the center
door and Mrs. Haynes to another en-
trance. Mrs Kerns attempted to push
bhe ushers arm out of her way. about
this time he expied Mrs. Haynes about
to enter the other door and rushed
over there Selling her by the wrists
and preventing her entrance. Mrs.
Aerns started nto the door just desert
ed by the usher, IN stepping partially
inside she was met and seized nv the
arms by'a second usher who in show
ing her out, placed his knees in her
lower abdomen. At this stage in the
controversy, the manager appeared on
the scene and asked what the confu-
sion was. The usher then stepped
aside asd the ladies went in the show.
Mrs. Kerns testified that the manager
told them that if they went in they
did so at their peril. After staying
in the show a short timet, Mrs. Kerns
and Mrs Haynes returned home and
as a result of the manhandling, Mrs
Kerns testified that she was confised
to bed for several days.
Mrs Haynes testimony was sub
stantially the same as Mrs. Kerns.
Appearing as witness for Mrs. Kerns
were DR.. Herbert Virgins, DR.. J
Palmer Finley, J. Harvey Kerns, Mrs
Earl Wheeler, Mrs. William Haynes
and William PEBBLES.
After the theatre manager put or
their ~witsesses, Judge Neble gave the
instructions to the jury. The jury
deliberated for about fifteen minutes
and brought in a verdict for the de-
PENDANT. (
Mrs. Kerns was represented by At
torneys Elmer E. Thomas and Elmer
Thomas Jr. The Brandeis Theatre
was represented by Attorney. J. Dunn
An appeal from tn Judgment of the
Municipal Court was filed Thursday,
The case will be heard in appeal in
District Court
The Brandeis Theatre is owned by
the Singer Omaha Corporation, against
whom the suit was brought Also
named as defendant was William
the manager.
Interested spectors at the Kerns
and Haynes trials were Mrs. Rachel,
Taylor, executive secretary OF the
North Side Y. w. C. A. DIR. and Mrs.
A. L. Hawkins, Mrs. J. W. Allen, Ser
geant Isaih Bailey, Mr.. Toby James
City Inspector of weights and measure
Miss Delight Holliet, Educational Sec
rotary of the Central Y. W. G. A.
Miss Dorothy Taylor, Mrs. J. D. Craw-
ford, Nj. Lovejoy Crawford, Mr.. VIM
PEBBLES, Rev. and Mrs. Rhone, Mr.
Paul Holiday, Mrs. Lola McCallen
Girls Work Secretary, Mrs. C. Man
chester, DIR. Palmer Finley, DIR. Her
bert Virgins, John Renning Horton
Editor and owner of the Chronicle
and Mr.. and Mrs. Wn. Haynes