Morning journal and courier., 1883-02-06
The Jubilee Singers.

Brought Before the City COurt-Let or
 on Payment of COsts-HIr. Peck Fined
 Thirty Dollars Judge Studley and
 Prosecuting Attorney Pickett.
 The case against Clark Peck for permit ting concert on Sunday without a license and against the Norfolk Jubilee Singers for engaging in a concert without license came up in the City court yesterday morning.
 For the State John G. North testified that he could not swear that Clark Peck was the proprietor of the Grand Opera House, or that he was the owner of the building on February 4th last.
 Detectives Brewer and Reilly testified that there was 8 concert and also as to the arrest while Chief Webster testified that he did not issue any license for concert on Sunday evening. This closed the evidence for the State.
 MT. Daley, who appeared for the accused, asked for the discharge of the accused, but was overruled.
 Judge Studley remarked at this point ''The attending of any concert on Sunday evening, whether for charitable or unchari- table purpose, is contrary to the law of the State. think that the prosecutions should have been brought under that statute and not under this law but, however that may be, there are some peculiar phases to this prosecution. If the proprletorS of one hall are to be prosecuted for giving a concert on Sunday, they all should be. I saw last even ing myself several members of city band going into the New Haven Opera House to give concert, and understand that @ con- cert was also given in Germania Hall. Now, the proper way to stop the violation of the Ia-- sr,k okA 3looa eerts. I cannot understand why charges have not been made against the managers of these other concerts. But think, MT. Dai- ley, if you have any evidence to offer on your side you had better present it.
 Evidence was then produced to show that the concert was given with the sanction of Rev. MT. Smith, pastor of the A. M. B. Zion church.
 After arguments of the lawyers for prosecution and defense Judge Studley gave his decision in substance as follows ''Of course, back of all this matter is the law of the State imposing penalty upon all who attend Sunday concert. The chief of po- lice is instructed to issue no license for a Sunday concert and as these parties gave a concert without license they have been arrested under the by law and they are un doubtedly culpable. Now as to the state. ment by the City attorney, that he depends on the police entirely for his information. The law on the duties of the City attorney says it shall be his duty diligen ly to inqu re after all the violations of the law. He should not wait for the police to furnish evidence to him. And when in cases like the Sunday concerts in the Temple, from which the mu sic may be heard on the Green. it is unques tionably the duty of the attorney to see why such things are allowed to be. The points as to whether these accused persons were indi- gent or were misinformed of the law on the subject have nothing to do with the case"
 MT. Pickett took occasion of a pause in his honor's remarks to say that this was the first time he had ever heard that there was any such thing going on at the Temple, and, in fact, had been in the neighborhood of the Temple on Sunday nights, and had never heard any music or any noise that would lead him to believe that a concert was being given inside. wM
 During this statement Judge Studley's face reddened perceptibly, and he answered quickly, 'If I had not discussed this very subject with you when was your assistant, might be induced to put some stock in that statement" There were many knowing looks exchanged between the old habitues of the court at this last Of the rather scathing reprimands administered to the prosecuting attorney during the mornings session.
 The decision in the cases was that Clark Peck pay $20 fine and $5 39 costs, and that the cases against the colored singers be nolled on payment of the costs which were $5.39 in all four cases, making the cost to each man about $1.35. They paid the costs, but MT. Peck appealed his case to the Superior court under the same bonds.