New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-02-28
sALM MORSE IN A POLICE COURT.
,a rar Passion PLAY A DRAMA AND WAS IHEH

IA TIE PASSION PLAY A DRAMA AND WAS THERE
PUBLIC PERFoRMANcEi
Salmi Morse. accom- panied by his counsel, ap-
cesred vesterda afternoon before Justice Duffy in
the Special Sessos court room at the Iombs to an
syer the charge of violating the theatr-
cal act and giving dramatic per-
formance without license. on which ne
was arrested on Saturday evening. The court
room was well filed. Among those present were the
Young man Wannanaker. who assumes the part oil
the NasareHe in the performance thn stage man
aver. Conyerse L Graves: charles r. Thorne and
n number of lawyers A delegation from the
",nuItitud.D occupied the benches in the rear OF
the court. Justices Ford and smith sat with Jus
nee Duffy Corporal ion Counsel Andrews opeped
IN, case for the prosecution He said that only TWO
ouestions were under consideration in the present
hearing namely: ID Is the production de-
.cribed as the Passion Play drama
And f2) was the performance gwen
of Saturday evening o public performance tie
submitted an affidavit of J. j. Fitzgerald describing
the premises and showing that they had been al
tered from a church into q stable, then into al
srmorv and from that form into a theatre. To this
was added an AFFIDAVIT OF Captain Williams, detail
ING the circumstances Of the arrest, and various
other minor sfidavits in turn succeeded this.
~ &. Howe the counsel for the defence IN q long
and yery excited speech presented Mr.. Morses case
He was constantly Interrupted py mia pro.
tssts from MIR. Andr~ws, VINO deci Tru tha1
this manner of procedure was entirely nnPrece-
denied Mr. Howe said that this was case wherein
the liberties of whole city were trembling 10 the
balance A pri vate place had been invaded ana sr;
Morre hid been arrested. Much less than TINS nad
stirrrd I'D the Revolution that had set this people
free The place was prva'o; IL had not been deil-
Gated to the public aud access was only possible
fbrnnoh invitation cards OF letters Justice Duffy
was called upou not to fl into the common error
and condemn this production usseen. nc
counsel desired to say incidentally that ne
did not believe that the law gave the
Mavor discretion to refuse license to Dir. Waiack
and grant il TO his next door peghbor; IT, license
hnnss devoted 10 ballet, and refuse license to
another devoted TO the Passion. lie asked TOT tgo
dismissal OF the complaint and the discharge o nIs
client on the ground that the Passion was rehE-
ious exhibition AID that IL was g1veD before an
sudiepce of invited goests and therefore no' 'no
public 10 admission fec being charged: ,,,,
The Cor poration Counsel then put Captain VIII
Jams on the stand. He was questioned oy the
prosecution TO show that the place where the e1-
hibition was given fitted up as theatre nc
said further that tue people on the stage were ia
costume. A programme with the names OF the
scenes printed on IL, and wri ten pas, for TWO
people signed bv Salmi Morse, put in evil
deuce Mr.. Howe asked Captain Williams If he
sayV an organ the left of the Is he entered
lie answered no. He did notice thai the cur
tain displayed painting that was sacred iii ITS
suggestion aud character lie declared that ne
acted. in making the arrest. under instructions
From Inspector Thorne, tho Acting SuperiD-
tendent OF Police. He said he had seen no
mnnev taken at the doors. Ar. Howe then summed
M e,aborating on the points previously made Mr.
Andrews coutended that the Passion was drama
and that tie exhibition ba been puoiic one M.
Howe denied both assumptions. lie san 'naI me
citv would he sued for damages. Justice Dnpy
snnounced that he would give ms decision to-mor-
row morning.