The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-16
The Manager Of the Metropolitan Theatre In
distsd-Charssd with ksspings
Disordsrly House.
Nymphs Of the Ballet on the
Stand.
THE CASE SUBMITTED TO THE JURY
Important Charge by Recorder
Hackett.


bell alleged 10 be me proprietor OF the Netropoii-
tan Theatre. Was called. A viii oe recollected.
the onence charged n seep ne a disorderly house.
and the specification tue performsncs known ~
the oanoun. Q dance OF French origin, tnought 10
be not strictly IN keepinz vim the pfopr'eties.
and 70 have . demoranxing tendency npon the
youth aud cnildren OF larger growth" OF the city.
A rumor was prevalent before the opening OF the
Court that the young ladies OF the institution
to sppear IN stage costume and dance the oancan
before Recorder Hacsett and the jury. that that
enlightened body o. our ieow cltlxens might be
able TO Judge from personal observation OF The
character Of the performance and thus come to
correct decision whether or no IL came under .The
statute Ia such case made ana provided" AZ
absurd as the rumor was u iound general
credence. and hsd the enect OF bringing together
Q large crowd OF that class known ss 'qasir
adolescent youths anc young fellows OF forty.nve
with the world before them. Especially pro-
nounced were they In the matter ofpsntaloc ns and
offensive tc . correct taste rom a redundancy OF
brcastpin, the stones therein contained not
always OF 'purest ray serene" aud contrasting
poorly with the brilliant glitter displayed by GER
tain OF the learned counsel Thoggn so far from
being Spirituaiisrs that they were OF the earn
exceedingly earthy they resem0led them IN excess
OF hair; but there the likeness ceased, since the
curl was more elaborate and redolent OF hacassar.
That they ieit q personal interest In the case
might be inferred; for as the Witnesses for the
defence, "the young ladiesr OF the institation-
jointly indicted with the defendant and discharged
on their own recognizances-nied In, some twenty
In number. their faces lignted up with RECOGNITION
and friendly siances, ana now amt then . whis-
pered word went round. .'Tae Hours OF tne
Ballet'-l0r such they were-wno ap-
peared the buiwark OF the defence. looked
somewhat d,spirlted and worn. and as though
being dragged forth into real light disagreed with
them. They came wrapped In waterproos ana
other garments OF huge dimensions. concealing
the theatrical costumes they ore. and from mich
occasionally peered forth a slppered foo,-not
small. perhaps, but more or less celebrated In the
annals OF Terpslchore. The evident presence OF
the costumes was like the sunset OF life. causing
coming events to cast their shadows before ana
melting
A BUZZ OF EXPECTATION.
As the line and form OF the defence ceveioped
ITSELF however, q feeling OF disappoin tment be-
came apparent. The young ladies were called 70
the stand one after another. and testified, with
much promptness end zeal. that there was nothing
bad in the cancdn, as performed on the night
of the oth-the time mentioned IN the indict-
ment-and the motions OF the dancers. whether
IN the quadres or solos, though they might b:
funny, were not improper. An objection OF the
District Attorney threatened to COLL forth o reci-
tation OF the song. walk on On Your
In the audience: but ne withdrew It
in time and q description OF that remarkable
jury. the witness known 10 the larry world as
'FraIlty'' became quite indignant under the hfe
OF cross-examlnation aud exclaimed. you don't
do your" To which he prosecuting otiicer un-
CALAMITY made no response MISS Meme Young
such as she wore In the performances, ano Il was
evident 10 the most critical observer that her
examination the standard Of pI opriety seemed 90.
mIttedy to ne the costumes IN the "Biack CrooK,"
and ali the young ladies swore 'the costumes they
appeared In were not near so Objectionable ~
male performers aud q spectator or two. VINO
swore to tine entire innocence o the performance,
the case closed, detailed report Oh which Is given
below.
The trial Of Martin Campbell, manager OF the
the General Sessions, before Recorder Hsckett.
The nrst witness called was Amelia Deane, whose
showed the entertainment to Oe q most moral
Ones out on the severe crosse Examination OF Mr..
The next witness was Ada Freeman, who test,-
fed that on the night when the theatre was
or ns paT S 70 81
little girl OF about twelve years OF age; and, fur
ther, that there was nothing immoral or indecent
in the character itself or IN the manner IN which
she played 1t. Several other girls testified to The
character OF the performance known as the can
purines and that sne police oiicers who had tss.
lifted differently had perJured themselves.
Annie Young testified That she had been eight
years on the stage and was still young. and had
played the part 6 Innocence, and tnas the cdncdn
A dramatic writer. VINO gave his name as John
M. FIndell, OF No. 1873 EiRhih avenue, was sum-
moned to corroborate her testimony. lie did 50.
and also paid glowing tribute to the skill OF the
dancer. 1t did not transplrc what plays he had
ever written TO entitle him to his own designation
Several otner witnesses were sworn, al their
testimony going to show That the cdncdn ,ud
not be as bad as what 10 known as the 'BlacK
Crook" which was lar more mmoi 81, and 1t tine
"Black CrooK'D had been performed In all the
been I1teriered with. The defence then rested.
Counsel then summed up, alter which Recorder
Hackett charged the Jury:
| Recorder Hackett sad =
| The questions involved IN this case are simple,
appreciated ny you instructed by the rules OF law
which shall lay down for your guidance. The
/ stands charged with the commission OF mIsde.
meanor In keeping ana maintaining disorderly
poiitan ineavre IN tue city OF New York, on the
! 9th day o. January last, and ON divers days
! the indictmeut-namely, on the lOtn OF February
inst. The acts canned ny the prosecution TO nave
been committed oy the defendant aud upon
embraced IN any statutory definition; but such
acts were and are nuisance at common law, and
every public show and exhibition when outrages
decency. shocks humanity. or Is contrary TO good
morals, IS punishable at common law. The term
disorderly house." jor keeping which the prisoner
is indicted, is sometimes used IN q very broad
| sense, as including bawdy houses, common gaming
houses and places OF a like character tp winch
people promiscuOusly resort Tor purposes nJurl-
Gus 70 public morals. The erection OF m0une-
bank stage has Deen held TO be lndctabie. ana the
doctrine mas been more broadly aid down that
Ia 'everv snow AMI exhibition which ou'rages de-
cency, shocks humanity, or IS contrary W good
moIals" and t1e keeping OF a common gamiag
! house or OF a dIsorderiy ale mouse or inn or IN.
deed, any other dlsorderly house. rs a common
law offence, on account among other reasons, vi
the evil influence Of sucn places upon public
morals. The counsel Tor defence gave much consd
GRAFTON 70 comparison OF the exhibition OF his
client win other exh bItoDs OF ballet heretofore
lad IN TINS city. But the laiiacy CT most OF his IL
/ Illustrations lies In not suincienty dwelling upon
I the intention OF sucn exhibitions. 10 the pure all
things are pure. To the impure all Things are apt
10 take an impure hue OF thought, act and cApres-
SION. Then, again, things sad or done become
delicate or lndclicate according TO surrounding
circumstances Of place or person. man reading
RdDelas or the carrier EMISSIONS ol John wilkes IN