Life — February 1, 1906 — page 37: what you’re looking at

Machine-transcribed from the original scan — historical spelling and the odd misread are preserved.

‘LI F IR the benefit of the readers of Lire, who have been interested in Lire’s contest with the Theatrical Trust for its rights as a publica- representing the public's interests, we give herewith what scems to | clearest statement of the contentic is condensed from the scholarly brief whi of December, 1905, to Justice Fitzgerald of the Supreme he Hon. James W. Osborne, appearing as Special District Jus itzgerald has not yet handed her the theatrical managers should be held rge of criminal conspira The argument is under AL present writin decision as to whi on the ch les Burnhan oi the de- ‘LIFE eaivat ‘ther Theatiical Trust. | that Lire is making in the! was submitted | bu c fendant mana Mr. Osborne's brief is given practically in_ its nurety, only legal verbiage and repetitions being omitted. The evidence shows that James $. Metcalfe was and for many years had been a ry critic by trad: a est 1. ‘That the defendants are the managers or owners of theatres in the city of New y 1 That the defendants got together on the 12th day of January, 1go3, and made y da at V. That the agreement was to the effect that James S. Metcalfe was to be kept | et | cut by force from the theatres owned or managed by the defendants. J all \. That James S. Metcalfe was known to the defendants to be a critic by trade or aie on, VI. That a eritic’s sa lawful Y VIL. That the managers, under this sufficient force to prevel hear Mr. Metealfe from ente the VIL ‘Phat when M wed in a regular and co IX. sers cliim that they had a right to exclude Mr, Met ner that a number of Ia > from their respective boudoirs zument before Justice Fitzgerald nt and’ carr is shown by the evid sat the | excluded from the theatres he had a ticket Metcalfe nen in his writing there was . exactly in the same mn agers did not © moved by actual . That this is Linwony of several witn Tue following points are made e-reference being ma ef were held for ig where Point 1. ese proceed constituted a criminal conspiracy and come clearly within ‘bot t ns of the Pen ch defines a conspiracy as follows : £ two vite to prevent another from exercising a st ful trade ¢ orce of them is guilty of a misdeme The People call attention to the elements of a conspiracy under this section. ( hibited, “The prever her by force from exer rade or omy tc tent. M ly to prevent Me, Metcalfe The defendants being actuated by malice #fended to exclude Mr, Metcalfe from their id thereby prevent bh ing his 1. ul calling of eritic, This sitable effect of their aj tand acts, it being impossible for a critic to criticise she's unless he can see the perf (was necessary that s case the open act was the prever open or overt act to show the conspiracy. 4s Mr. Metcalfe from entering the theatres. by om the case of the People against Flack, 1 been entered i an evil a purpose simply to do the act prohibited in This is implied in the meaning of the word York and the entire Court of Appeals agrees that the elements of y tained in the above quotation. This case holds act innocent in itself may be converted into a crime, provided : That there was an ement. That the agreement was corrupt, as in this case. cen. wd, ‘That the result of the act and the agreement was to accomplish something pro- | {in this case the prevention of a man carrying on a lawful trade or calling), other words, assuming, for the sake of argument, that the keeping of Mr. Met- 21 of one theatre was an act ‘innocent in itself,” nevertheless, when the managers ment to exclude Mr, Metcalfe from their theatres by force, they pre- I him from exercising a lawful trade or calling by force, which isa criminal result end prohibited by the statutes, The claim of the managers that keeping Mr, Metcalfe out of the theatres was an “innocent act” seems to the People, in view of the Flack case, because there are many acts ‘innocent in themselves” which become criminal when they are the result of a corrupt agreement. example, lanst 0 oy means comfort. order to us. 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