POLICE COURT.

Taranaki Daily News, Volume XXXXII, Issue 191, 14 August 1900, Page 2

POLICE COURT.

SUNDAY PERFORM AHOIB. CASE DISMISSED, Hobacb St. Oionaa was charged with unlawfully keeping open tha Thaatr* Royal (a public place) on Sunday, 13th I inst., contrary to the provisions of M»tion 16 of the Police Offanoaa Ao*. Mr. Weston appeared for the defend* ant, Who pleaded sot guilty. Sergeant Stag poole prosecuted, and described the defendant as a tmvaUiu showman, On Sunday, 12th, i Una* matopph performance of tbe " PUetoa * WB £ glT ? n to* defendant «t tlx Theatre Royal, a placard Mm piued over the entrance doora rtatiM that persons were expected to pav not last than 6d. Anyone nailing •long the street could eeo what vh «iu on whenever tbe doom wereopeoedTrhe defendant was pursuing aaoriinarr avocation of a showman on the Bandar in question. The pufomanoe btltni advertised in the Prees.

Constable Lind gave avJdanoa to boat out Sergeant BtagpoaU'a •*-'—mil. The defendant took part in Um ante* , tainment by ringing. . Programmes were put in, alao tha advertisement,

To Mr. Waston: Ha thought tha «x*ot .words on tha pkoud wan' " Patrons are expected to paj 61", He would not swear tha won waa " give " and not u pay," though hesur no difference in the «■»—" fog [| araa'a religious entertainment, and tha audience were asked not to applaat and everything wu don* deoently, Tha audience wan reepeetable poppia. To Ssrgeant Stagposto: 4. man named Griffith wan tea to go in without paying, but tha defendant would not let him do so. To Mr. Weston: Tbe tent ovar tha machine did not prevent or hide tha view of tha stage from paepU "g in when the door waa open. To Sergeant Btagpoole: ThaoaoUna was not in tha oaptre, but * tittle Jo the right. Sergeant Stagpoole gavt mtieeaa; that From tha footptth ha what was going on inside. * To Mr. Weston: Anyona oould aaa a performanea wu gotyg an; *ll mamore orderly and better oondnatad ttah ! a Salvation Armymaetiog. * jit For the defenoe, Mr, Weston asU his case had already beenaattMw Wellington; the Magistrate ititmtsseil t similar information laid under tha Poltoe oSauces Aot, but oonvioted on in information far breaoh of by-laws. His Worabip; Tou aeid, Mr. Waa* -on, that Mr. Kenny decided tha other »ay. Mr. Weeton; Tea; but that oasa »as more of a secular ease. In thii :ase the entertainment wu a aaorad entertainment and wu moatordarly. In reply, Ssrgt, Btigpoole pointed. out that the ohsrge in this cass waa >ot for doing buiineas In a oartaln jiace, but for opening a publiopieoi Cor ; m entertainment which ma open to "iew of tha publio, Mr. K«nn/t leoision on the eue before bin waa /ary dear.

His Worship: Should fiot yoWtfcformation have gone further, and in* luded " in a public plaoe P* ; Surgt. Stigpoole: lb# ialgrmlta I Uid is the utu at that ia Vat «Mt teaided by Mr, Kednj, liis Wor*hip: I doa't see how yon can oomply with Motion 16, unUss pa*, include the words I m entrap. * Sergt. Stagpoole: In the oase of rfi -hopkeaper, you out only see what If ixposed by an open door, and tbia ma 'he ease here. The defendant ma * charged with trading in view of tha publio—exposing his wana on Bandar. The defendant, in am war to Mf. Weston, add there was no actual cfearf«,„ People were expected to pit in .la op-, stairs and 6i downatain. Bmm oaqr paid 3d and aomei got in for BOthittL Ch«y had to bo careful who tha? M> mitted. < • , ■His Worship: That at any rata op«f •titutes a diffimnoa between the Bat* ration Army. ,» J' The defendant, in further mmfaation, said tha view from the open door oould only be v«y slight, uuMtf religious apaotada. To Sergeant Btagpook: Tin (Mb was 6ft. 6io. high. He did not know the height of the stage. Erffcghooold be seen to show that soaMtfcmg was going on. His Worship said it was dear a theatre was not a pufcUe place. The. ease at Wacganul fttMd tion placed by the Dfijjslista IjafratSli theatre and the OddfeOowi' (Mr. Stanford) did not think thMVWM any dißeranoe between lUpiieMiy oocupied by a churdh and * friSfcj meeting of tha kind in qatraoMifcr was oleirly proved the perforatum WM purely of a religions oharaoter, BMP oase did not come within tha weaning of the Act, and would, therefore, hi" dismissed. A seoond charts of parfotauimtA' 1 logleirood on the Sunday previous waa withdrawn.