ACTOR AND CRITIC.

Dominion, Volume 2, Issue 533, 14 June 1909, Page 8

ACTOR AND CRITIC.

CHARCE OF ASSAULT. FME.OF £10 WITH COSTS. CBT TELEOttATH— PBBSS ASSOCIATION.) Christchuroh, June 12. Ted Ktdtmm, comedian, connected with Ekkard's Vaudeville Company , , appeared at the Police Court this morning charged with assaulting Stanley East, newspaper reporter. Mr. H. W. Bishop, S.M., was on the bench. Mr. Wright appeared for complainant and Mr. Cassidy for defendant. • Mr. Cassidy said his client pleaded guilty j under provocation. There had been general talk between the parties, and in tho discussion defendant had lost hia temper. Kafanan was a man of good character, and had never been before the Court before. He was a member of Rickards's Vaudeville Company, which had been playing in Christchurch all the week. Yesterday Kalman eaw East and asked him if he wrote the notice appearing in the "Lyttelton Times" commenting upon his (Halman's) performance. East ■ admitted writing the notice, and after some discussion Kalman struck him in tho heat of the moment, an action which he now regretted. Mr. Wright said counsel's' explanation amounted to a plea of not guilty. The case was a most important one so far as journalists were concerned. East was a reporter for the "Lyttolton Times/' and part of his duties was to criticise theatrical performances. In cao of his ' turns defendant Bang a number of comic songs interspersed with "patter." East was present at the first night of the entertainment with 'his wife in his official capacity, and described parts of Kahnan's turn ns disgusting, and some of his stories as vulgar and guggestive. ' This criticism was quite justified and. was fan- ami moderate. East would have been Jacking in his duty if he had not drawn attention to the matter. Counsel quoted some of the expressions used by Kalman that were complained of. Yesterday defendant came across the road m Gloucester Street and accosted East. ' Hβ asked East: if he wrote the notice in the "Timns," and East said he did, whereupon Kalman etnick him a blow on the face, accompanying it with a foul epithet. Defendant followed cast up and struck him again. He knocked him down in tho office and struck several further blows.

The magistrate said if the criticism' was fair afid justified ho would regard tho matter as a very serious one. , ' Continuing, Mr. Wright said if a fine wero inflicted it wonld only advertise Kalman; and a loij company could bring round a boxing man and so gag the press of the town. Stanley East then §avo evidence, and evidence supporting witnese's aoooont was given by three other witnesses. Iteuiamin Throp, inspector of the (Sty Council, was called for purpose of. proving that he had lodged an official 1 objection, to some of Ealman's stories and songs.

Mr.- Cassidy objected. Tho Magistrate: It is a question of the material used by this man. Was it vulgar filth, or was it fit to be need. in a mixed audience? ~.''. '.. :. . Mr. Casiidysaidhe did not intend to go intc that aspect. .. ■ The Magistrate:: We may have to if; you attempt to set up justification. Mr. ( Cassidy said everything that was objected to .was droppbd.ont after'the, first performance.... .: .:■■ •.'"'•'. The' Magistrate:, 1 shall take the: criticism so far! as being justified. ■ If'the' question, ia raised 'evidence -in support' of criticism; may be called. , . In outlining the case, for the defence, Mr. Cassidy said Kalman .did assault East, and ■made no attempt to justify his action., had got into conversation with East, and asked him why -he did- not discontinue his hostile criticism after the objectionable features had been dropped ont of .them. The Magistrate: You are Betting up justification. . '■:-' ■■: -■/.,.;' Mr. Cassidy:.The press has the power of attacking people right, and loft. It is a very dangerous thing to say anything about a paper. I was in the theatre at the time, and those present did not seem. to follow the criticism. Kalman's torn was ■ applauded, and there was much langhtcr. Tho , Magistrate: I have heard the filthiest things applauded. Men will applaud stories in a smoking-room.that they would not take their wives to hear. Mr. Cassidy: What was complained of was dropped' out after the first night. It was received by the audience with great pleasure. Tho Magistrate: You are asking mo to think that you would approve of that sort of stuff if your wifo was present. Mr. Cassidy: I , didn't 1 say my wife. I The Magistrate: Well, my wife, then. Mr. Cassidy: The audience appreciated it. The Magistrate: Well,-. I don't think much of the audience. i • ■ .Continuing, counsel said Kalman told East he should leave tbo ladiee alone. East was alleged" to hero said that they were no ladies, whereupon, Kalman lost his temper. The Magistrate: This stuff was dropped out after the first night. We ewe something to the.press .then. < The'defendant, Fxlwnrd Kalman, said that while standing outside his boardinghouso, up. posito the-"Tunes' , ?' office, he saw, East, and crossed over to. him.' Witness felt very upset at being dragged through tho papers-each day. ■■" ■ : • . ■ .. ■ , The Magistrate: What did you object to? , Witness: The term "disgusting." ' The Magistrate: That's a. matter rf opinion. ■ : ; i . Witness: I've been all over.the world.

Tlie Magistrate: You're in Christchuroh now; -Uiat's our world for the meantime. Continuing, witness said he told East b« might leave the ladies alono. East replied that they were no Jadies. . Witness then lost his temperl He fell down on the steps, and called out "Murder." Witness did not knock him down. ; . ~ , ■ ~,... . Mr!' Wright: East doesn't say anything about the ladies. , Bo denies making anything but reference to. the first notice. Witness denied punching East when he was down. Charles Stewart, a member of Rickards's Company, detailed the circumstances of the assault as he had witnessed them.

The magistrate said the case was a very simple one. He was not' prepared to admit that the newspapers of Chriatchurch were hypercritical in these matters. If vulgar stuff, almost filth, was used on the stage he did not think a paper could be called hypercritical in taking up the matter in its report. Newspapers attempted to lead publio opinion in this matter and Bet up as nigh a standard of publio decency as was possible or reasonable. I'eople should be protected from having To,listen to stuff that could not be.used in drawingroom or among decent people. The fact that some enjoyed it was nothing., It was to: the credit of the company that, that sort of stuif should have been dropped out on the second night, and the public owed a debt of gratitude to the paper for having drawn attention to the fact that objectionable matter was being purveyed. Where a reporter was carrying out a .publio duty rightly, and was. justified, he was entitled to.the fullest, protection. Defendant had clearly used bad languago; ho had knocked, East and followed.him up, and continued the assault. Ho did not agree with: Mr. Wright that no adequate punishment could bo meted ont by fine. He was not prepared to brand. defendant as a goal bird. "After I have voiced the opinion," Mr. Bishop continued, "held by respectable people that there should bo no attempt on the. part of persons when they fool aggrieved by newspaper criticism to go and assault tho reporter,. if exception is .taken to tho general tenor of briticism, complaint should bd made to the management of the paper. I am going .to deal'out exemplary punishment. Defendant is fined £10, with costs."