EDDIE FOY'S SWORN TESTIMONY.

Eddie Foy, whose real name is Edwin Fitzgerald, has faced many audiences under all conditions and circumstances during his stage career of a quarter of a century, during which he rose from a street urchin to the distinction of one of America's most entertaining and unctuous comedians. Never before had such interest centered in his appearance as when on Thursday afternoon, January 7, 1904, he took the witness stand to relate under oath what he knew concerning the calamity of the preceding week.

The actor's face was a study. His deep-lined countenance, ordinarily irresistibly funny without effort on his part, took on a truly tragic aspect as he entered upon his story. His indescribable, husky voice that has made hundreds of thousands laugh with merriment, was broken; there was no suggestion of humor in it. Instead it was a wail from the tomb, the utterance of a man broken with the weight of the woe he had beheld in a few brief, fleeting moments.

The questions were propounded by Coroner Traeger and Major Lawrence Buckley, his chief deputy, and were promptly and fully answered by the comedian.

The full text, as secured through a stenographic report, follows:

Q. Will you kindly tell us, Mr. Foy, or Fitzgerald, in your own way, what transpired?

A. Well, I went to the matinee with my little boy, six years old, and I wanted to put him in the front of the theater to see the show. I sent him out before the first act by the stage manager, and he took him out and brought him back and said there were no seats. I sent him downstairs and put him in a little alcove that is next to the switchboard, underneath where they claim the fire started, and where I saw the fire first.

Q. That is on what side of the stage?

A. On my right facing the audience. On the south side of the stage. The second act was on. I was in my dressing-room tying my shoes, and I heard a noise, and I didn't pay much attention to it at first. I says to myself, "Are they fighting again down there"—there was a fight there about a week or two ago; and I says, "They are fighting again." I looked out of the door and heard the buzz getting stronger and stronger, with this excitement, and I thought of my boy and I ran down the steps. I was in the middle dressing-room on the side, and I ran down screaming "Bryan." I got him at the first entrance right in front of the switchboard, and looked up and saw a fireman there. I don't know what he was doing; he was trying to put the fire out. Then the two lower borders running up the side of this canvas were burning. I grabbed my boy and rushed to the back door, and there was a lot of people trying to get out.

DESCRIBES STAGE BOX.

Q. What door?

A. The little stage door on Dearborn street.

Q. How did you find that door—was it open?

A. No. I knew where the door was.

Q. Was the door open when you got there?

A. Yes; they were breaking through it.

Q. Who?A. All of our people.

Q. Employees on the stage?

A. Not many of them. It was crowded there, and I threw my boy to a man. I says: "Take this boy out," and ran out on the footlights to the audience. When I did they were in a sort of panic, as I thought, and what I said exactly I don't remember, but this was the substance—my idea was to get the curtain down and quietly stop the stampede. I yelled, "Drop the curtain and keep up your music." I didn't want a stampede, because it was the biggest audience I ever played to of women and children. I told them to be quiet and take it easy "Don't get excited"—and they started up on this second balcony on my left to run, and I says, "Sit down; it is all right; don't get excited." And they were going that way, and I said to the policeman, "Let them out quietly," and they moved then, and I says, "Let down the curtain," and I looked up and this curtain was burning—the fringe on the edge of it.

WOULD NOT COME DOWN.

Q. It was caught, was it?

A. It did not come down.

Q. How near to the bottom of the stage was it?

A. Three feet above my head. I would have been outside if the curtain had come down.

Q. It was lowered down after you hallooed?

A. I hallooed for it to come down.

Q. And it came down that far and then caught?

A. I did not see it come down, but it was there when I looked up.

Q. When you looked up it was caught, was it?

A. Yes, sir, it must have been caught—it didn't come down. Then when I was hallooing, I kept hallooing for the curtain to come down—how many times I don't know—and talked to this man to let them out quietly, there was a sort of a cyclone; the thing was flying behind me; I felt it coming.

Q. What do you mean by a cyclone—cyclone of what?

A. It was a whirl of smoke when I looked around—the scenery had broken the slats it was nailed to; it came down behind me, and I didn't know whether to go in front or behind. The stage was covered with smoke, and it was a cold draft, and there was an explosion of some kind like you light a match and the box goes off. I didn't know whether to go front or not, so I thought of my boy—maybe the man did not take him out—so I rushed out the first thing and went back of the stage.

Q. You went out yourself, then?

A. Yes, sir, and I was looking for my boy all the way in. I wasn't sure he was out. I found him in the street.

Q. Do you know what started the fire, Mr. Fitzgerald?

A. No, sir.

LIGHT NEAR THE FIRE.

Q. Was there any light of any kind near where you first saw the fire?

A. Yes, sir.

Q. What kind of a light?

A. A lens light—one that you throw spot light on people with.

Q. How close was that to the drop that was on fire?

A. That I could not tell—there were three or four drops on fire when I got there for the boy.

Q. They were all close together?

A. Yes.

Q. Too high up for anybody to reach?A. Impossible.

Q. Were there any other fires of any kind, fires or lights, near those drops or the fire, besides this drop light?

A. That was the only one I saw.

Q. Then there would not be anything else able to ignite those drops, only this light?

A. I should think so, yes.

Q. You are satisfied in your own mind that it was caused from that light.

A. That it was caused from that light.

Q. You have been playing there in the theater since "Mr. Bluebeard, Jr.," started, or since the theater opened, haven't you?

A. Yes, sir.

Q. Do you know of any drill or any precautions that were taken by the management or parties in charge of the theater in emergency cases in the case of fire—that is, drilling or handling the employees as to what they should do in case of fire?

A. No. I know I couldn't smoke in the theater; the policeman was around there all the time in the dressing-rooms.

SAW NO EXTINGUISHERS.

Q. Did you notice any fire extinguishers of any kind on the stage?

A. No, sir, I did not.

Q. Any appliances of any kind to be used in case of fire?

A. No. I don't think I did; there might have been.

Q. Did you notice any fire extinguishers in your dressing-room?

A. No, sir.

Q. Did you ever notice while in the theater whether there was any policeman or fireman stationed on the stage or around the stage?

A. Yes, sir, there was a fireman there always on the stage.

Q. Did you ever hear while in the theater of an asbestos curtain there?

A. I cannot say that I did.

Q. Did you ever hear of a fireproof curtain there?

A. Yes, sir.

Q. Did it take long for this curtain that you say was down and stuck to burn?

A. I couldn't stay there long enough to see if it was burning—it was on fire.

Q. You have had a good deal of experience in theaters?

A. Thirty-five years.

Q. Would you consider that there was as good a protection taken at the Iroquois theater as there was in the average theater throughout the country in cases of fire?

A. You mean in the construction of the theater?

Q. Not the construction, but I would say in the management, and in the furnishing of fire extinguishers and appliances to extinguish fires.

A. Well, I never took notice of the fire extinguisher. If a man would look at that stage he would naturally think they couldn't possibly have a fire without everybody getting out in front of the theater.

Q. I didn't ask you that. My question was, in your experience in traveling through the theaters in different cities, would you consider there was as good protection taken on the Iroquois stage to extinguish fire, as there was in the average theater throughout the country?A. Well, I couldn't say; I never took notice of what was on the stage to extinguish fires.

Q. Did you at any other theater?

A. Well, I have seen fire extinguishers around at times.

TALKS OF APPARATUS.

Q. In theaters where you have noticed these fire extinguishers, what part of the theater did you see them in?

A. Well, they were fire extinguishers like a man would put on his back, with a strap to it.

Q. Where were they?

A. On the platform in the theater.

Q. Did you notice anything of that kind at the Iroquois theater?

A. No, sir, I did not; I cannot say that I did.

Q. Now, if you did not see those appliances, you did not see them when you went in the stage entrance?

A. No, sir.

Q. You say you saw them in other stage entrances?

A. Yes, sir.

Q. You didn't see them at the Iroquois theater?

A. No, sir, not any time I was there.

Q. Did you see any hose of any kind that could be used in cases of fire?

A. I don't know whether there was any; I didn't see any.

Q. Did you know of any other fire that occurred in the theater previous to this one?

A. No, sir.

Q. You have been with the company for how long?

A. I played right along with it in Wisconsin and New York last season, and opened in Pittsburg with it and have been with it ever since.Q. Did you play at Cleveland?

A. Yes, sir.

Q. What was the date of the fire in Cleveland?

A. I don't know the date; there was a fire on the stage.

Q. Was the cause the same as at this fire?

A. No; the flies caught fire at this fire. This was on the stage. They could not get at this fire.

Q. What caused it?

A. That I don't know, sir.

Q. Did you consider it a dangerous lot of scenery to travel with, lights and scenery combined?

A. I don't know; I consider all scenery dangerous.

Q. Did you consider this dangerous?

A. No, sir.

ONLY ONE EXIT OPEN.

Q. Were both of the exits on the stage open?

A. Only one door, a little door that we go through always was open when I went out.

Question by Foreman Meyer of the Jury: Mr. Foy, when you came out to the footlights to try to quiet the people and you cried for the curtain to come down, did you see the curtain come down?

A. I did not see the curtain come down. I screamed for the curtain to come down, and I told the orchestra to keep up the music, and then I addressed the audience, thinking I would get the curtain down. I would have been in front of the curtain if it came down.

Q. You said at the same time you looked around?

A. I looked around, yes, sir.

Q. What was the color of the curtain as you looked at it?A. I couldn't tell the color. It was right over my head.

Q. Could you tell from any observation at any time before that?

A. No, sir.

Question by Juror Cummings: When you counseled the audience to keep quiet were you working on the assumption that there was a fire brigade on the stage?

A. Well, my idea was to get the curtain down and stop the panic. The audience was composed of women and children.

Question by Deputy Buckley: From the time that you first heard the noise, when you were in the dressing-room until you got out, about what time elapsed?

A. Well, I have been trying to figure that out in my own mind. I don't think it was ninety seconds.

WIRE ACROSS AUDITORIUM.

Q. Do you know, Mr. Foy, whether there was a wire extending from the stage across the auditorium to any of the balconies or any part of the theater or auditorium outside?

A. Yes, sir.

Q. Where was that wire located?

A. The wire hung from the center of the auditorium to the side of the stage, to where the fire, they say, started, on my right-hand side facing the audience.

Q. Was that the side of the stage where the curtain was caught?

A. I could not say. I have been trying to fix that in my mind.

Q. You cannot say whether it was hung on the wire on the right or left hand side?A. No, sir. I should not think that it had anything to do with it.

Q. Was that stationary?

A. It hung from the front, and it was unhooked and put on the woman when she went out in the air.

Q. Did any part of it go behind the curtain?

A. Yes, it went behind the curtain, but that could not have possibly stopped it, because it would have broken it. I don't think the curtain was low enough down to touch it, because the girl is only a little girl, Miss Reed, and they had to hook it on her.

Q. About how high up was the wire?

A. Well, so that a man like the stage manager would take it off and the man that was assisting in this flying ballet would hook it on this little girl that flew out.

Q. She was killed?

A. She was killed.