PLEASANT PENALTY.

NZ Truth, Issue 68, 6 October 1906, Page 8

PLEASANT PENALTY.

Williamson's Agent Fined for Over Crowding. The Tittel-Binne Craze and its . Consequence. The packed houses which a couple of weeks ago nightly greeted the Tittell Brane Company at the Opera House, no doubt immensely pleased the management and added materially to J. C. Williamson's banking account ; but such crowds were by no means pleasing to City Inspector Jim Doyle and Fire Brigade Superintendent Hugo, who reckoned that if a fire had broken out or a panic occurred the stampede that would have followed would have ended m the loss of human life. It was on this ground, presumably, that at the Magistrate's Court last Monday, beforO "Dr. McArthur, S.M., Richard Stewart, business manager for J. C. Williamson, was charged with a breach of the by-laws m allowing the Opera House to be overcrowded on the night of Sept. 21, which was the LAST NIGHT OF THE SEASON, and never bflbre had such a crowd gathered m that theatre. Mr Stewart, at the time he received the summons, .was at Napier, and consequent-, ly was unable to be p-resent at Court, as Mr Wilford, who appeared for him, explained to the magistrate, and which explanation was -deemed satisfactory ; though Mr Wilford said if it was necessary an adjournment could be giranted m order to allow of his attendance. It was not denied that on the night m question there were more people m the theatre than it is legally supposed tD hold with safety ; but it was made to appear that Mr Stewart, being only business manager, was not responsible for that fact ; he was not the lessee. Moreover, on the night m question he was laid up with a tad knee and was not able to take precautions against the overcrowding and he had always, as Mr Doyle would bear testimony, endeavored to comply with the requirements , of the by-laws ; though m this case he -declined to take the responsibility if there was any wrong-doing. It was the last night of a very successful season and people would not take "no" for an answer; Mr Wilford further thought it was not necessary to call evidence ; but Mr O'Shea., the City Solicitor, almost roared at this suggestion, and then followed A COMIC OPERA SCENE, m which Mr Wilford advised his opon?nt to keep cool and calm like he was ; but Mr O'Shea simply could not stand this and asked Mr Wilford not to think he was m a theatre, and further made some remark inferring that he knew' more than the member far Hutt, and . that he was a better man m every way. Of course, when, calmness prevailed, Mr O'Shea jnust have felt that he was a kind of giddy ox, and had only created a storm m a tea-pot. He, however, sailed m manfully to earn his fee and prove himself a "knocker" of the first order. He stated that Superintendent Hugo, whose duty it is to look after the theatres, would say that the Opera House was overcrowded. In the dress-circle the people wese standing m rows behind the barrier and sitting on the steps and a similar state of affairs existed m the family, circle. Had a fire taken place or a panic occurred there would have been loss of life. It was one of the grossest, cases that had ever come befoire the Court. Mr Stewart had accepted responsibility and on the previous evening he had been spoken to by Mr Doyle, and he had then . REMOVED A NUMBER OF PEOPLE from the dress-circle. William McLean, the secretary of the Opera House Co., was called, but he proved nothing more than that Stewart paid him the rent ; but Mr Wilford ascertained from him that Mr Bert Royle was Mr J. C. Williamson's New Zealand representative and had signed the lease on Williamson's behalf. Both Inspector Doyle and Superintendent Hugo gave evidence of the State of the theatre on the evening m question. . Dr. McArthur said he would assume !f that Stewart' was responsible ; he had accepted the responsibility on the ' previous evening. Mr Wilford "then made application that only a nominal penalty should be imposed. It was not the monetary side of the matter that he was looking at. It was the first time that such a charge had been brought against any of Williamson's managements m Wellington, and he could assure the Bench that there would not be cause -for complaint again. The very fact that the case was brought into Court would HAVE A SALUTARY EFFECT. He was not admitting that Stewart was the person responsible, 1 as Mr McLean's evidence showed that Mr Bert Royle was the lessee and Stewart was simply business manager. When on the previous night Mr Stewart was complained to he had acted promptly.. On the night of Sept. 21, the people would not be turned away. They wanted to get m and, concluded Mr Wilford, the women of New Zealand, like the women of Australia, seem to have gone stark, staring mad over Miss Tittell Brune. He asked that only a nominal penalty, m fact a caution should be administered. He could not a sk for that on a second occasion, fqr the best of reasons that there would never be a second occasion. Dr. McArthur said there was a great deal of truth m what Mr Wilford had said, and he had no doubt whatever that a conviction would have a salutary effect. He would not inflict a savage penalty, but would impase a fine of 40s and costs, 30s.