A “HERO" IN COURT.

New Zealand Mail, Issue 1678, 27 April 1904, Page 77 (Supplement)

A “HERO" IN COURT.

-LEADING ACTOR FINED. CONTRACT WITH. A “COMMON PERSON.” Walter E. Baker. a leading member of Eland Holt’s Dramatic Company, was charged at the District Court Melbourne on the 31st March with unlawfully assaulting Patrick Sy.non, a supernumerary. Ma* Daly appeared for the complainant, Defendant did not appear. All' Dwyer, P.M., read a letter lie had received from the 'defendant, who stated that he was unable to attend the Court, as he was leaving for Sydney at once with Bland Holt’s company, of which he was ‘the leading man. Synon, he eSidd, struck him first on the arm and in the ribs. Syaion was net sober at the time. Messrs Harford and Quit, two' leading members of the company, so the letter stated, witnessed the assault by Synon. Air Baker also forwarded a statutory declaration. made before _ Air Gahan, J.P., which contained the particulars set out above. Messrs Harold Carr and Harford .ateo forwarded confirmatory statutory declarations. Mr Daly said that the statements in defendants letter and in the declarations were quite incorrect. An unprovoked and brutal assault had been committed on" his client by defendant. The latter afterwards wanted to fight Synon, who was no match for such a strong, well-built man os defendant. Patrick Synon : a young man, of respectable appearance, stated that he Wan a “super.” in the the play Tlho Flood Tide, which was recently played by Mr "Hand Holt’s company at the Theatre Royal. All' Daly: You were on an the welshing scene, were you not? Witness: It was not a weilshing scene. It was a scene where the mob rushed Air Holt on account of a horse not winning a race. Defendant rushed to Mr Hoilt’s assistance, and it was my duty to square up to him. One of the other supers bumped up against, defendant, and the latter' crossed over to me. Air Daly: Did he hit you then? Witness: No. He made a hit at me, but the blow possed over my shoulder. He then came closer, and said, “You put vour hands up to me, all you, you —*—A’ Baker then struck me in the eye. Was your eye “bunged” up?”—Yes, and the side of my nose was cut, as he liad a large diamond ring on when he struck me. Did defendant afterwards offer to. apologise to you ?—No. He did not, but Mr Carr, another member of the company, came to me and said defendant wanted to apologise to me. I went to his dressing-room, and saw him. When I got inside, the door was shut', and a Mr Tea-ry put this back against it, Air Carr was also in the room. The defendant said, “We can settle it here peacefully and quietly.” The table was pushed on one side. Well, did you have ft out in the dress-ing-room ? —Oh. no ; not then. I made Terry get away from 'the door and called out to Baker to come out cm the stage and have it out. He replied, “I don’t fight before the public.” I said that there was no one on the stage, but he did not come out. Why dkl the defendant strike you ? I belive it was because one of the other supers knocked up against him. That made him in a bad temper. Air Dwyer: Had you to “shape up” to defendant ? Witness: Yes. I was instructed to do. so by the master of the supers’. William Frederick Marshall, supermaster in Bland Holt’s Company, stated that he saw the defendant .assault Synon. He heard the defendant say, 'Til teach you supernumeraries to put your hands on me.” Air Dwyer: Synon was doing his duty when lie was struck. Witness: Yes. He was doing what I had instructed him to do. Frederick O’Brien, ahoy who sells lollies in the theatre', gave coinrobomr tive evidence. Air Dwyer said it was evident to the bench that an assault had been committed. He (defendant) was a “hero” and leading man of the company, and would not allow a common person like a supernumerary to touch him. Hie declarations put in were not consistent with the evidence, but were intended to mislead the court. Baker hadl struck Synon a violent blow in the eye, and it was a disgraceful proceeding on his part. A fine of 40s, with £3 5s 6d! costs, was imposed.