New-York tribune., 1883-03-14
SAINT MORSE DISCHARGED..

THE CASE HEARD IN THE COURT OF SPECIAL SES-
sIoNs--JUsTICEs SMITH AND FORD AGREE.
Only few persons were present in the Court Of
of Special Sessions at hafpast 10 yesterday morn
ing when the trial of Salmi Morse came
on. Mr.. Morse entered the courtroom
accompanied by his counsel. His face
was swathed in large white silk handkerchief,
which, on being removed, disclosed his right cheek
swollen to double its natural size and his right eye
nearly closed up He was suffering from neuralgia
Justice Kilbreth presided with Justices Smith and
Ford. Mr.. Morse entered plea of not guilty TO the
charge of giving u public exhibition without IL
cense In opening the case Corporation Counsel
Andrews said that it had been stipulated be-
tween counsel that the record of the evil
dence taken before Justice Du fly in the preliminary
examination should be admitted as evidence IN tns
Fitzgerald and others as to the alterauQhs
which had been MADE IN. IN 'fg ni
binding and I,sd hfo Ths Counsel
for Mr.. Morse said he had no objection to the eyi
dence being admitted, but he considered nimseil y. n
introduced r d ' ora orally He moved to strike It
out as incompetent, because 1t related TO
matters which occurred before the commission Oh
the offence aud could not not be quoted as evldeno-
ing intention. The motion to strike ont was denied.
After the examination of several young men VINO
were present at the performance and VINO SIM
ply testified that they had gone there with written
invitation, but had no acquaintance with Mr.
Morse. INSPECTOR Thorne was called to the stand.
The counsel for Mr.. Morse asked him whether or
building on The evening of the performance. Mr.
Thorno answered in the Affirmative. On the otner
hand he declared that there were wings on tne
stage in spite of assertions TO the contrary, ana
added that he knew what he was taking ABOUT as
he had worked on stage when he was young
man. lie testified that there were no private Doxes ud
might be reproductions of the Temple
lights He pfofessed ignorance as as to
Jerusalem had been reproduced III other respects.
The interior of the house was very much Ike the
"Bi- i-gew" Theatre.
Were there any clcrgymen presentp he was
"I did not see any,"
els your acquaintance among cleTgymen extern
svef"
Il know some"
Mr. Ihorne further said that the curtain was
pretty one and he supposed it was rehgou' because
there were angels depicted on II, The hTst sccne III
the production represented a temple and there was
a High Priest. Immediately after the cnrtaln went
up no left the front of the house. whtre lie had
been standing aud went around TO the back Of the
house. When he reached there Captain Williams
had already arrested nr. Morse. On cross-examn-
atIon the Inspector testified that he had been as
sistant stage carpenter. The stage IN the twenty
third-st. building was as big as the - court
room. The stage and tue auditorium WLth an ther
belongings were those CT an ordinary theatre.
The counsel for Mr. Morse thon asked tha' tne
complaint be dismissed as IL had not beed proved
that fhe Passion" was q play or tlar All IL
was denied. Mr.. Andrews then presented the
case for the prosecution. lie SAID that
tle building was a theatre to all inentS and pur-
DO ses more impudent case or clearer violation
of the law he could not imagine than the present
The statute providing against exhibitions without
n license was so broad tnat further section had
been introduced making certain speelnc exceptions
These were of performances for chart
purposes Ho con;ended that the audience
was not made up of the prVaie
friends of Mr.. Morse. The gentlemen on the stand
had testified that they had no acquaintance VITA
him In fact, the whole affair was IA sham ana
pretence where Mr.. Morse, for purposes OF his own
had made arrangements to get IN as many OF the
pub c as he could. Touching the ques ton whether
or not 1.-THE Passion" was play. he Thought
IT scarcely worth while TO discuss the matter.
IL was dramatic in form and was DIVIDED up INTO
acts and scenes. The counsel for Mr.. Morse Tcpied
by insisting that the performance was not to the
public that " The Passion " was not a play, but
simply a reli gious production, and delivered suo'
stantlslly the same Grafton WHOM he mad dellVeiou
at the preliminary examination. . ., .
Justice Smith said that there was no question th9t
"Ibe Passion" was play; but the performance IN
question could not be held TO be a public one MT
Morse was therefore discharged. Justice kilbTelh
said that he did gree with his associates. Jus
tees Ford and Smith, and gave II as his opinion
that Mr.. Morse had merely cndeavorcd ~ eVadc the
init