£300 FOR COMMON INFORMER

Otago Daily Times, Issue 22827, 11 March 1936, Page 3

£3OO FOR COMMON INFORMER

JUDGE AND WOMEN ALL-IN WRESTLERS Judgment for £3OO, with , costs, was given in the King’s Bench Division on January 36 in an action by a common informer concerning Sunday all-in wrestling. A stay of execution was granted.with a view to an appeal, on condition that the money was paid into court within seven days'. Mr Francis James Kelly, a clerk, of Royal avenue, Chelsea, sued Mr Alt’ Alien, of the Black Prince, Walworth road, S.E., under the Lord’s Day Observance Act, 1781. He claimed penalties amounting to £3OO respecting all-in wrestling exhibitions which Mr Allen was alleged to have “ managed or conducted ” at Chelsea Palace on Juno 30. July 7 and 14. Giving judgment, Mr Justice Atkinson said that as recently as 1932 Parliament considered the Question of Sunday entertainment, and the Sunday Entertainment Act was passed. That Act permitted certain forms of entertainment on Sunday, but otherwise left the Lord’s Day Observance Act as before. Therefore, the considered view of Parliament. not merely so long ago as 1781 but as recently as 1932. was that entertainments not expressly permitted by that Act were undesirable on Sunday, and it was advisable to prevent, or check them by permitting actions for penalties to be brought by members of the public. Referring to a contest between two women wrestlers on one of the Sunday evenings concerned. Mr Justice Atkinson remarked that one of them rendered the other unconscious, or semi-conscious, by digging the fingers into her neck. Many quite reasonable people would.regard such performances as disgusting and contrary to the public interest. Others did not: they liked it. “ I am satisfied,” the judge continued, “ that Mr Kelly is one of those people who honestly and conscientiously believe that such an entertainment on Sunday is objectionable and ought to be stopped I rather imagine that most people will agree with him." Mr Justice Atkinson held that Mr Allen was the “keeper” of the premises and he was liable for the penalties claimed. , . , , Mr J. P. Valetta (for the defence) asked for a stay of execution, with a view to an appeal. He remarked that application could be made for remission of penalties. Mr Justice Atkinson; I cannot help feeling that, if the whole of the penalties are remitted in a case of this sort, the Act might just as well be repealed. Mr Valetta observed that, if all-in wrestling was so objectionable, the police had ample power to stop it, without the intervention of “common informers.” There had been no complaint by the police. riii Mr Justice Atkinson; Perhaps 1 hold extreme views, but 1 think contests between women —- \ ,ii. iia interposed to say that that occurred only once. , After granting tiny of execution, Mr Justice Atkinson heard other actions arising out of similar matters. The first of these was one brought by Mr Alfred John Tarling, a fishmonger, whose address was given as Southend, Croydon. . , Mi C. li. Romo, a printer, ot Great Dover street, S.E.. was the defendant, and against him Mr Tarling claimed £SO penalty respecting a handbill advertising alf-in wrestling at Chelsea Palace on July 21, handed to Captain Lewis on July 14. . Judgment was given for Mr Koine.