Com. v. MaCk

• Decision Date: 02 March 1905
• Citation: 187 Mass. 441,73 N.E. 534
• Parties: COMMONWEALTH v. MACK et al.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

187 Mass. 441

73 N.E. 534

COMMONWEALTH v. MACK et al.

Supreme Judicial Court of Massachusetts, Suffolk.

March 2, 1905

COUNSEL

Frederic H. Chase, for the Commonwealth.

Mahey Innes & Mansfield, for defendants.

OPINION

HAMMOND, J.

This was a complaint under Rev. Laws, c. 102, §§ 172, 173, and chapter 207, § 12, in which the defendants were charged, in substance, with setting up and promoting a boxing match and sparring exhibition. The exhibition was held on the evening of August 20, 1903, in a large building formerly a riding academy. 'In the center a ring was roped off upon a raised platform. Upon the sides were seats for spectators to the number of at least fifteen hundred.' On the occasion in question there were present about 1,000 spectators. There were engaged in the match principals, seconds, and attendants. At the trial the defendants did not contend that the match was not a boxing match and sparring exhibition, but they contended that the exhibition was not public within the meaning of the statute. The evidence bearing upon this question may be summed up as follows: The building was leased by a club regularly chartered and organized under the laws of this commonwealth for 'the purpose of promoting social intercourse among its members and the encouragement of athletic sports and exercises.' By its bylaws the membership was limited to 4,000. The exhibition in question was held under the management of this club. One of the by-laws authorized the defendant Sanborn, one of its board of directors, to receive and act upon all applications for membership, and to admit any applicant, 'reserving the right, however, to the full board, to reject any person so admitted if the board * * * considered him an undesirable person to be a member of the club.' 'It was Sanborn's custom, on admitting an applicant to membership, to furnish him a ticket entitling him to a seat on receipt of a sum of money, the amount of which depended upon the location of the seat. A large number of blank forms for application for membership were kept convenient to the ticket office. Upon this occasion, as upon others, Sanborn admitted to membership in the club and to the exhibition aforesaid a large number of persons, giving each of them a receipt for one, two, or three dollars, with a ticket entitling him to a seat, the amount paid depending as aforesaid upon the location of the seat. Upon this, as on previous occasions, Sanborn rejected no one who was not drunk or disorderly. Persons were admitted as freely, after conforming to the above requirement, as they would be to a public theater or other entertainment to which admission is obtained by the payment of money. Persons so admitted to membership afterwards received a card entitling them to the use of the gymnasium apparatus and baths in said building for the term of one year. The building, it further appeared in evidence, was open from 10 a. m. to 10 p. m. for the members of the club, and the exhibition hall had been used for concerts and wrestling matches for club members without assessment. To witness another boxing exhibition, however, it was necessary for...