Evening star., 1947-04-08
Conspiracy IsCharged
BY National Theafer
In Answering Suit

planned to develop tomorrow its de-
fense that seven persons seeking re-
funds for tickets purchased last
December II allegedly entered into
a conspiracy to restrain the trade
of the theater.
The trial, which is being held in
the small claims branch Of the
court, was recessed yesterday until
tomorrow.
Counsel for the theater asserted
yesterday the plaintiffs-three Of
whom have been identified as con-
nected with the Committee for
Racial Democracy-sough to force
upon the theater the admission Of
Negroes"
Edmund Plohn, theater manager,
told Judge Nadine Gallagher that
the theater's ban against colored
persons was based on management
reasoning that ut would be harmful
to our business financially and
would be distasteful to the clientele
we have built up over the years" to
allow colored persons to enter the
theater.
Says He Saw Police Head.
Under direct examination by At
torney Robert E. Kline, jr., Mr..
Plohn told of discussing with Police
Supt. Harvey G., Callahan what
would be the risks of mixed audi
ences." He added that, "as a result
of that conversation, we felt the
theater should not change its pol
ICY"
The witness said that, on three
occasions prior to December IL,
mixed groups of between so and 40
persons presented tickets but were
denied admission.
On November IS, Mr.. Plohn said
he met with a group of persons, in
Guiding one 81 the plaintiffs. who
sought to have the theater change
its policy. ss sss3ssssI
After the group had been told the
policy would stand, the conference
ended, the witness testified, ION an
ominous note" with threats" Of fur
ther action by the group.
On December 4, the theater began
selling all tickets with legend on
the back that no refunds would be
granted to those persons failing to
conform to the known policy" of
the theater, Mr.. Plohn testified. In
addition. the management publ
cized the fact that no refunds would
be granted after Z pm. on the eve
ming Of any performance, he said.
Conspiracy Charged.
At the outset yesterday, James
Proctor, jr., another attorney for
the theater, informed the court his
client would attempt to prove the
purchasers entered into "a con-
spiracy to restrain the trade Of the
National Theater."
George e. C. Hayes, one OF sew
eral attorneys for the plaintiffs,
took frequent exception to ques-
tioning by opposing counsel and to
submission of exhibits purporting
to be handbills distributed in front
Of the theater by the Committee
for Racial Democracy.
At one point, Mr.. Hayes asserted
the theater has not the effrontery
to put on the ticket that we don't
admit Negroes" He added that the
decent trend" here and in other
cities was the elimination Of such
pettifoggery."
Mrs. Helen Rice. one of the plain
tiffs, testified earlier in the day she
had purchased two tickets for the
December II performance of Loves
Goes to Press" The tickets were
for herself and q colored friend,
who, she said, was employed with
her in the Civil Service Commission.
The witness testified that her
companion and 4 small group OF
friends were refused admission on
their appearance at the theater just
before curtain time. When the
group asked for a refund at the box
Office, 1t was denied, Mrs. Rice tes-
titled.
She said that. through 'hearsay,'
she understood the theater barred
colored persons but she felt that
the management was not clear on
the subject"
A defense motion to dismiss the
suits was overruled by Judge Gala
CHER.