National Republican., 1883-02-26

NEW York, Feb. 25.-Judge Donohue yes
tcrday morning refused to grant Salmi Morse's
application for an injunction rcstrainin the
police from interfering with the full dress re-
hearsal of the " Passion Play" Mr.. Morse had
previously advertised that he expected a
favorable decision from the court, and when
he heard that his application had been denied
he continued preparations for the evenings
entertainment as though he anticipated no
Interference. Printed invitations TO attend
the performance were issued to District At
torney McKeon, Recorder Smyth, Judge
Cowing, and nll the police Justices and writ
ten invitations were sent to more than 1000
persons. The invitations stated that the en-
tertainmcnt was to be strictly private and
TO be given at Mr.. Morse's residence" 120
West Twenty-third street. Placards were
displayed at the entrance of Passion hall in
Twenty-third street. announcing the periorm-
ance, and at o'clock the doors were thrown
open to the guests, who were admitted with
out charge on showing their invitations.
Thirty policemen. under the command Of
Sergts. Tins and Westervelt, marched from
the Thirtieth street station and took posi-
tions ut the Twenty-third street entrance,
and also at the stage door on Twenty-lourth
street. In the meantime the chorus and tho
actors entered and attired themselves in their
stage dresses. The stage was set to represent
the temple in Jerusalem, and mt S:l5 the or
chestra, diminished by the absence of many
of the musicians, began to play the overture.
BY this time the parquet and balcony had
filled up with an audience of about 1 100 well
dressed and orderly men and women, who pa
tiently awaited the rising of the curtain.
just before the music began Capt. Williams
md Inspector Thorne entered the stage en-
trance, and were introduced to Mr.. Morse by
his counsel. Mr.. Morse laughed and, shak-
H.. a
de was glad to see him.
"All right" responded the captain, with a
twinkle in his eye. 1--WE can do the thing
very quietly, l guess. will arrest you, Mr.
Morse, as soon as the play is begun, but will
not arrest any of the others unless they at
tempt to go on with the play"
Every we'll" exclaimed Mr.. Morse. "You
are doing your duty as am doing mine; but
1t is an outrage and cruel wrong to me-"
Mr.. Morse then ordered the stage manager
to ring up the curtain, and the police and re.
porters on the stage hastily lodged behind
the scenes The opening chorus was sung
and the High Priest began to read from the
illuminated scrolls u selection from Genesis
He had just completed the reading of the first
scroll when Capt. Williams stepped from be.
hind scene, pushed his way through the
crowd of actors, and, laying his hand on Mr.
Morse's shoulder, exclaimed in low tone:
"rhis Is enough. l arrest you"
The stage manager stepped forward, and
announced the arrest aloud. Instantly there
was an outburst of Kisses and cries of Shame
shameW from all parts of the house.
Mr.. MOrse's counsel made 70 speech deClar-
ing that tho police commissioners had perpe-
trated an outrage in ordering the arrest of
Mr.. Morse and the stoppage of the play.
Then, amid cheers and hand clapping, Charles
r. Thorne, father of the late Charles II,
Thome, jr., was called to the stage. He said
that he had seen the play produced and fa-
vOrably received in California. 1T would be
much BETTER" he exclaimed, "for the New
York authorities to close up many lager beer
saloons than stop play which could not hurt
anybody or injure their morals. Let them
see the play first and then judge whether its
character is Objectionable"
"MOrse! MorseW cried the audience, as Mr.
Thorne climbed down ladder into the par.
quet, and, amid u tremendous outburst OF
cheering and hand clapping, Mr. Morse stepped
forward and said:
1 am not surprised at this occurrence. am ar
outlaw aud have no rights. A lie nse Is refused
10 me because do not have pr &c fighting on my
stage A license Is refused 10 me because have
drink beer and visit b.cause want To preacl
Jesus, His greatness, and His goodness, am pre-
vented by those who are systemmnIr ally yiolalln!
an hour longer. would prefer 10 see tuis tneHte
burned down tonight, and not receive one dola
OF Insurance, to seeing another play on this stage
have hundreds of people in my retinue. The!
are ali ladies and gentlemen. lam much Obliged
to you for coming here tonight, and hope yol
will spread this TO Others and see me righted.
have committed no crime and never shall com
init one. Ladies and gentlemen have to go will
my guard, for l am arrested.
"Let us give the Hallelujah Chorus
begged the counsel and the stage manager
and Capt. Williams nodded assent. The choru
was sung and the curtain rolled slowly down
amid another rousing burst Of applause.
TeUrs stood in Mr.. Morse's eyes as he turnet
TO go. All the employees crowded about and
shook him by the hand, and the young cir
who plays the Virgin begged Capt. William
not to lock the prisoner up. Finally Mr., Mors
got away from the throng, and lighting
cigarette and, putting on his beaver hat
commented playfully on the absence of hand
cuffs, and stepped out into the snowy street
between the captain and Inspector Thorne.
crowd followed at his heels, and pedestrians
turned round and gazed curiously after tn,
group as they walked TO the station.
Still smoking, Mr. Morse stepped up to thu
desk, and said to Sergeant James NJ. King: 81
am Salmi Morse. ] was married, but / am no
now. l live at 129 West Twenty-third street
and am 81 years old"
"Make the charge violation of the theatri
cal act" said Capt. Williams, smiling at tn,
prisoner, and leaning over to prompt the ser
geant, producing play without license.
Then he added; You'll have to give $500
bail for your appearance at Jefferson market
at $3.50 tomorrow to answer"
"What, Sunday2" exclaimed the prisoner
ooh, yes" responded the captain.
"We're Christians until Saturday night
and then we go to work again on Sunday"
Lieut.. Col. Francis A. Schilling, of the Stl
regiment signed the bond, and Mr.. Morse wa
released just as Police Justice Solon ID. Smitl
entered the station to take bail,
"GOod night, captain" said Mr.. Morse
an have chance to get even; see IL
don't" Then he rolled another cigarette
lighted it at the gas jet over the sergeant
desk, opened his umbrella, and was lost IN tn,
crowd that fingered about the station and fol
lowed him to the hall
am produce the play yet, gentlemen" h,
said rs he shut the stage door after him, ant
assembled to his apartments on the seconC
floor. lie came down again in few minute
and dismissed his employees for tho night
Judge Donohue said, after his refusal: {"
do not think the court has power TO grant tn,
injunction. If the police do anything not au
thorized by law the question can be teste,
either on the arrest or any other act"
To reporter Judge DOnohue said; IN
court has the power to restrain the police iron
discharging what they consider their Lawful
duty. In case they violate the law in carry
ing out their version Of 1t, why then the aspec
of matters Is changed. If Mr.. Morse isarrestet
for having rehearsal, and is committed by
police magistrate, then the matter will prop
erly come before me for decision on It
merits"
As soon as the decision was announced MI
Morse filed in the registers office five years
lease of his hall to Convers L. Graves, date,
on Thursday last. The rent Is stated to b
$500 yearly" which is supposed TO be