The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-05-15
JAKE BERRY ON THE ISLAND
FINAL SUCCESS or 4 TEST CASE IN THE
SUPPRESSION or VICE.

=
Political md Police influence vniniy Ex-
erted for the Proprietor of the Columbia
Opera uouse-Uymns where Orgies Were.
On the night of Feb. 25, 1873 there was
n raid upon the Columbia Opera House. then in
full blast as a disreputable place of amusement
ut the corner Of Twelfth street and Greenwich
avenue. MIR. d. J. Whitney OF the So
cety for the Prevention OF Crime. had
been. by means OF private detectives Moses
s. Meeker and William NJ. Waite. col
lecting information against tho place. and
when his plans were ripe he raided it with the
aid Of hundred stalwart policemen. SO we'll
had his arrangements been made that not n
single performer or other employee escaped ar
rest. and the thronR OF well-dressed men who
constituted the audience were poworless to
interfere with the wholesale capture or even to
protest against 1t. But one person WAS missed
when the net was drawn. the proprietor and
manager. Jake Berry Tho next day. how
ever. he gave himself up. and proceedings
were instituted against him in the Jefferson
Market Police Court for keeping disorderly
house. The unhappy women, aftor night In
the station house cells wore discharged the
Society for Prevention OF Crime caring only to
prosecute their employer. He was indicted by
the Grand Jury tried in the April term OF the
Court Of General Sessions found guilty and
sentenced by Recorder nackett to eight months
Imprisonment in the penitentiarv and fine of
The trial was Of such character
as to require the exclusion OF ladies from tho
court room. but the most singular feature in
the case was that the main reliance OF the de-
fence wns upon the testimony OF the police.
the Columbia Opera House frequently. and
never saw there anything more than he had
seen In balleis and spectacles In reputable
liquor selling and had always found the place
and Us ha6itues orderly and proper. His ser
geanis and pntrolmen corroborated him. The
private detective OF that precinct. Ofllcer
ONeill. had seen persons in the green room
drinking some fluid which he had tasted and
believed to be cider. though they might have
called 1t champagne-in which belief IL was
cro9nlectured that he was correct. MI. ID J.
drank whiskey in the green room and paid for
wine.
sentence, his counsel. Col. Fellows; and Gopn-
sellor W. =. KNITTING. obtained from Judge
Donohue in the supreme Court writ OF error
the General Term. Berry was admitted TO bail
in the sum Of $4,000. Not until the January fol;
lowing was the case argued before the General
Term and then the decision. rendered by Judge
ingalls,. sustained tho Court below in all the
matters upon which exceptions had been taken.
But Mr.. Berry's counsel were not beaten yet.
Messrs. Fellows and kinUinR applied TO Judge
H LOT ,t b VIII 81 Error VIZ S.n s .,
the Court OF Appeals. On the Sth OF April, 1879
the judgment Of the Court below was affirmed
Berry was not called uuon 10 endure the rigors
Of penitentary life until three weeks later
April 49, and. on motion Of District Attorney
Phelps. recommitted TO the custody OF the
sheriff and Immediately taken to Blackwelps
BY courtesy Of Warden Fox. Sun reporter
WIS enabled to have brief interview with the
eN-manager in tho Office OF the penitentiary.
His former friends would hardly know him as
he appears now. No longer attired in sleek and
costly rHiment. but habited in a brownish-gray
garb OF rough material and convict cut; no
longer wearing magnificent moustache, but
gray beard and short cropped hair: no longer
erect and proud In his confidence of political
Influence and means, but bowed and broken.
with manifestly keen consciousness OF the
shame of his present position, Jake Berry looks
like an unhappy old man. who would wish for
nothing so much rs TO be. for eight months ut
least, entirely forgotten by all the world. He
said; H.. -, .
used to play RIP Van Winkle and in other
pieces. specialtes OF my own. all over the coun-
Try. did not go into the business OF Keeping
the Columbia Opera House from choice because
| liked to manage such an establishment, but
because. in consequence 81 an injury, | could
not continue travelling and playing. ! had to
do something to support my family, and so
started in there. On the very night when they
raded me. as soon as found out the law was
against me | closed right up. think they
might have let up on me when showed was
willing TO quit especially as they have not pros;
ecuted others who had places every bit ds bad
as mine. lost more than $4,000 by this thing.
The scenery. and fixtures there, which cost
: sNoN 81 Fo.liN, 1 bulN tbA f@JV lDls h'l
know whether II get pardon from the Gov
ernor or not. | hardly allow myself TO hope
any more. Everybody that came 10 me and said
they could do anything to help mo out OF this
disgrace and trouble | gave money TO- as long
as had a, dollar. Now the money is all gone
Al what is Mr.. Berry employed?' the re.
reporter asked a keeper, when the subject OF
the question had gone ont.
DRIVING stock. horses and mules. Head OF
the stock farm he might be called. for q good
title though perhaps you might rs we'll come
down To IlaiQ fact and PnrmnU -
He is bad man. and we had mighty hard
i99 to GET hin , sent uR saId Mr D. = Mhnsy
WIS found in his Store on Warren street by the
reporter, " You have no idea Of the immense
political influence brought to bear in his behalf
and with which we had to contend all along
Only couple Of weeks ago two state Senators
ne and nsk that would withdraw my opposi-
ton 70 his getting pardon from the Governor
Told them would have nothing to DO with It
He wns very bold and deilant-dehed us all the
way through-and We made test case OF him
think 1t will bee Of vast good 70 the morals o.
the city. / showed Jake Berry's recorder
Schoubergers. that is his real name-to thos'
two Senators who came TO interccde with me OF
his behalf. and one OF them said he would have
nothing more TO do with tho effort to get him
pardon. We have not cared 10 prosecute par
ucular person but we were determined to hav,
It decided whether these low places shall h
maintained for the Generalization OF our YounI
men. As for Mr. Berry, have six more I,ndict
nents against him for violation OF the Excis
not been pressed"
More care Is exercised In the granting o
licenses 10 places OF amusement than has beef
heretofore. Every application for license Is r.
ferred TO the Bpnrd Of Police Commissioners TO
report, through the Superintendent Of Police
rs 10 tho character Of the place applying. Mr.
Whitney. In his character OF executive Office
OF the Society for Prevention OF Crime Is nls
consulted in all cases where doubt exists. Thu
far twenty licenses have been granted. five hav
been refused, and seven applications are still IL
the hands Of the police for investigation.
Tho Columbia Opera House IL no longer
place Of amusement. but Of serious business il
n4 a tfsf "A n rpf nrm Drn a N
temperance meetings are held therein. and il
walls resOund with the echOes Of hymns an
eNhortat ous. instead of the yRwping 81 prOfan
songs by braz"n- faced females and the clatte
OF the resonant heels Of clog dancers.
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