New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-02-15
AN UNWILLING CONVICTION
THE JURY COMPLAINS OF THE LAW.
rs PARTIAL ENFORCEMENT CONDEMNED IN

THE CASE OF CHILD ACTORS.
The prosecution begun at the instance OF the
e.ciety for the Prevention of Cruelty TO ChlIdreh
ooa,nst James II. Meade manager OF the blue
b.ord .Jr company at Nibsos, for employing young
hovs and girls on the stage, ended yesterday IN
his conviction but the jury expressed their opin-
toms NJ the law in such way that the result Oh
the trial was taken by the defendant as a moral
victory for him.
A inrv had been obtained on Thursday Tor the
trial of the case before Judge Fitzgerald. Asoe''
ant District-AttOrney Jerome began the daS pIo-
ceedings by speech in which he salu UIlaV INC
evidence for the People was oVerwheIniihS' ",iN
chat mono Of the testimony could be successfully
contradicted. The law, he sald' foroaue 'iie ei"-
nlovmcnt of children under the age OF sixteen
years in any theatrical performance ne ooiio''
as his first witness A. J. Wilson, an oihcer vi
,he Society for the Prevention of Cruelty to Gnu
dren who testified that on the evening OF fepru-
orv 2 he attended a performance OF BlueDeard,
Jr and saw in the first act 1our Ll''e LoIu
Fountlerovsn who appeared for few minutes ana
only walked about. In the second act twenty
five children took part. They sang two or three
SONGS and walked in procession, perSonllyhs
varions characters of fiction, such as koolnsoh
Crusoe lack the Killer, Aladdin and others
beloved Of children. The Lord Fauntleroys"
oIeo sang and danced at other parts of the per-
Torrance. 80
Mr. Jerome called on Mr.. Wilson to identify the
nlavbiu OF the performance. Then he sent Tor
the children, who had been impatlently waiting In
an apteroom for their "cue." They entered the
dark courtroom in a merry group and stood near
,he witness They ranged from five to ten years
old. and looked as if they were well fed and con-
tented with life They gigglcd and nudged each
other. and the bashful one tried to hide oehlhu
the Others.
Il offer the children in evidence said Mt
Ierone and as we marked the playbin EXHIBIT
One we may as we'll mark them Exhibit Two.
This remark started the little ones on gigghng
6t worse than the previous one. The " Little Lord
Fauntleroys7 were identified as Lille and Rosie
sutherland, Amelia Stevens and Aaron PONY
On cross-eXaminatiOn by Mr.. Brooke, Meade
counsel the witness said that he attended the per-
formapce at the direction of Assistant Superlh-
teudent Stocking, of the society. lie wrote out
his report and submitted it TO his superior olhcer.
He said that he received a monthly salary and
that he had never seen the seventy-fve children
dancing at the Metropolitan Opera House nor the
children in The County Fair, The Seven
Ages" The Charity Ball" or The Midnight
Bell" He had never been requested by the super
iptendent 10 90 to watch any Of these perform
lDces.
Edward Becker, another officer of the society,
Oorrohorated the story of Wilson: Mr.. jerome
asked the witness if he had noticed coIored boy
who represented Robinson CrusoeS faithful ser,
want FRIDAY. The witness said that he h3d
and that the boy wore very little clothing. Inc
colored boy was called into the room. lie smiled
and showed his white teeth ana the whites OF
his eyes, until the jury, who had smlleu at UIe
lively little girls, began 10 laugh heartily. IL
was difficult for the court officers TO keep order
for time so much did every one IN the court
room laugh at the young cOloTed DOy'
What is your name aSAe" MI ''i'"e Va
johnny" he said, boldly.
What is the rest OF II Johnny "haet 49,
Johnny stump" he replied with grn' l'F
ends of which almost disappeared behind his
neck Whereat every one laughed again.
On cross-examination Mr.. Brooke asked OlnceT
gffIe giri across City Hall Park for having
sold newspapers, and if he had not been nearly
mobbed by the crowd who saw HIM ne SalH 'Il%o
there were MANY people in the park Wieh ne dI
rested her: that the Police Justice dld not re-
fuse to believe him, but that the tlrl Hai o' sn
discharged, according 10 the custom VI ny ny -,
cjetv when the first charge against any emu was
Mr.. Brooke in opening the case for me ae .
PENDANT declared that 1t was crucI ii
~ Mr. Meade when at OF .er theatres, ln'luulhH
tho Netropolitan Opera House, when hl3hu po
called Mr. Gcrrys own theatre. children per
formed on the stage wlih MT' TCiI 10 sai5 had
to make long speeches and appear IN par III
SThe Prince and the Pauper' long III It's de-
livery as that Of " Hamlet, keePiIG we G s},.1t
for three hours He admitted that the defendant
employed the children. and that they %er" uhdet
the age of sixteen. He called j. W. RosenqueSt
and Charles W Thomas VINO nave an .'nd
in The Midnight Bell at the BJo1 lhealTe, ana
asked each of them whether Nj Gerry han AoO
given permission 10 allow cmld 10 appear III
the performance of that play. The witnesses
looked at Mr.. Gerry, who sat beside ASSist'hO
District-Attorney jerome, and then replied thau
they did not know about the matter OF Their own
Manager Sanger, of the Broadway Theatre, was
then called lie said in answer 10 Nj Brooke
questions that Mr.. Gerry and q. u. Haven hod
visited the theatre and carefully examined Jhe
ARRANGEMENTS for the production Of " The Prince
and the Pauper," and that MI Terry had pre-.
viously caused an examination TO be MADE OF
Elsie Leslie's physical condition:
Mr. Brooke in summing up the case, SAID tnat
the title of the law invoked III thus case was
An Act to Prevent Cruelty TO Children, anu
that if the bringing Of the children on the
stage was not cruel they might acqult. JUDGE
Fitzgerald charged the jury that they must ma
that the children were under sixteen years th'J
the defendant was the manager OF the company,
and that be permitted them 10 take part IN
theatrical performance. lie sad That the de-
PENDANT had admitted many OF the 1actS' pul thcS
must decide on the truth Of the testimony given
He told them they need not consider the motive
Of the complaining witnesses, except as affecting
their credbity.
then returned with this verdict, which the fore
man read The jury find Themselves compelled
under the charge Of the court 10 ma verdict
OF guilty. They wish however, 70 express thclr
unanimous feeling OF the Oppressivcness Of the
law and OF the injustice Of It's partial enforce
mentH
Mr.. Brooke asked that he might have until
Tuesday 10 prepare an appeal, as he desired 10
test the cOnstitutiOnalty Of the law Manager
Meade was allowed Ia 20 away in the custody Of
his counsel The offence may be punished by
imprisonment for not more than q year but fines
have usually been imposed on persons convicted
OF violating 1t. Mr.. Meade expressed o purpose
Mt Z nrlo
tonight.
WANTING NEW AND BIGGER lRMORIES