The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-03-15
JUDGE DUFFY'S DECISION.

THE COLUMBIA OPERA HOUSE AND EGYPTIAN
HALL CONDEMNED AS DIsoRDERLY-BERRY
HELD TO BAIL.
DR.. Crosby, the President OF tho Society for tho
Prevention OF Vice. accompanied by Mr.. Prentice its
COUNSEL appeared IN tho Jefferson Market Police Court
yesterday 10 hear the decision oil Judge Duffy in tho
case Of Jacob Berry, George Warron aud others.
whom tho society have been prosecuting for their
connection with the Columbia Opera Ii ouse andsEgyp
than Hall, both OF which places they charge to be dis
orderly houses Messrs McCielland and Stiner ap-
poarcd on behalf Of the defendants.
After low predatory remarks, In which he alluded
to the inircquency OF written decisions omanating
from police JUSTICE but stated his conviction that
the importance OF the Issue involved in tnis do
manded H. Judge Duffy read the following opinion-
ON tho aoh day Of February 1873 appeared before this
Tor the ociety Prevention Crime who
that warrant should DO issued Tor the arrest Of tue
bin opsra House. situated the OF IVES. Twelfth
aaa 4ss ana shs NAN
nidavits That under she places
doOraved, aud which represented ascvious
plays 70 the Of morals and peace Of society.
House George w. warren proprietor Of Egyptian hait
tho actors and actresses VI said places arged
jacob Berry. George ". Warren. Charles Davis and
George Atkins dem"hded an examination WHOM
argued that the arrest Of the pIoprissors and In.
mates Of these places Of amusement persecu-
ton, they had done nothing against tho law. and
that the same scenes and plays could be- nightly
~ Inu ua Captain Thomas Ksnao
William ". Waite and Moses s. Meekor testified tor The
evidence AsssrA Waite aud Meeker tho agents Of the
Society the most positive and pertinent, they
and kcn Asshes' and other Of ow nature,
IN which double snenaro immoral gestures and .mpurS
habit Of soliciting In the private boxes during
the theatre habit OF insulting annoying tho
respectable residents In the neignboroou also that tho
Beauty 1t Inc Races introducing French sensational
and statue scene In which the exhbitos
be nude state. has immoral effect the
audience Tho testimony OF these witnesses Tor tho
For the who had frequently visited these
testified that there nothing immoral debxs
on tho stages u linton square, ana Filth Avenue
and other rst class theatres and some who dwet
noyed the Manuscripts OF the plays
anu r ' ~ ire as 70 rep
their purity and proprely Not Wishing to dwell upon
sci for the Defence this Court is Of tho
opinion tho evidence adduced. that there PROBABLE
Inc sxhiSs,or u owa plays In theatres is no do
fence for their production in others Theatres were in
now iOsterod by the greatest In art and litsrn-
said, allow nothing to bo Produced that would siso Of
fcnce religion law and Us such should maintained
Ing text Of play but Is the Attitudes sostarss
OF tho psromer player the omission Insertion OF
In conc,uon Tho Court the opinion that the repro
s snu ' our ss @ "9
instituted for the suppression q saeh plays should have
humanity and officers and agents tho gratitude
all good citxons
Mr.. McCIelland asked that no might as o court
officer, tako Mt. Berry into custody until writ OF
cersorar could be procured statIrg that there was
precedent tor such privilege, that the furnish
ing OF bail would debar his client from awaiting him.
sell oil the writ. This was denied, however, aud
Berry had 10 furnish 81, 0O0 bail.