The evening world. [volume] (New York, N.Y.) 1887-1931, 1894-09-14
WARNED and SET FREE
Great ACKNOWLEDGEMENTS Fight
Ends in the Police Court
The PusiIistic Manager Says Blows
We're Evenly Divided.
Kissed ID Dio, He Declares, Because
Her Songs Were Inmodest.

Baron Hammerstein and Count |
Ksssler. The two mobiles of the local beau
monde. who converted Roster Balls
concert hall into temporary field OF
Mars last night, Were arraigned in JEFF
ferson Market Police Court this morn
ing.
Mr.. Hammerstein was accused OF as
sault by Mr. Kessler. while Mr.. Ham
merstein made the less severe complaint
of dsorderly conduct against Mr..
Kessler. The terms OF the charges are
unimportant. as both prisoners were
discharged.
The trial brought to court n crowd OF
men well known In the lamplght life
of the city. Both Messrs. Roster and
Bal, and their business manager. MIR.
Cline, were present. The defendants
were promptly on hand accompanied by
their counsel, Mr.. Wise for Mr.. Hammer
stein, and Mr.. Isaac Fromme for Mr..
Kessler.
The bare facts OF the case are that
Oscar Hammerstein sat In his private
box in the theatre of Roster & Bial,
which he owns, and Kissed the per-
| Torrance OF Mile Di Dio. a German
chanteuse electrique, as she Is billed.
George Kessler, wine agent and man
about-town, sat In his own box and.
approving Of the singing and hearing
the Kisses, came forth and collided with
Mr.. Hammerstein.
After a series Of ouarrels and fsticuffs
covering the lapse OF about an hour.
both men were arrested and later bailed
out.
Mr.. Hammerstein was first interro-
gated by the Court. He said that he
Kissed Di dos singing because he didn't
like 1t. Mr.. Kessler came into his box
and rudely berated him for Kissing. He
replied to Mr.. Kessler in like tone. and
then went for a policeman. Later Mr..
Kessler came into his private office and
renewed his abuse.
How about the blows?' asked Justice
Voorhis.
Il have no complaint on that score"
replied Mr.. Hammerstein. THAT was
fair exchange"
not enter Mr. Hammersteins box, but
met him in the gallery behind the boxes,
where he politely demonstrated with
him for his unseemly disturbance; Mr.,
Hammerstein replied holly and in in,
= elegant language. A policeman, called
| by Mr.; Hammerstein, would not inter
i merstein's office, giving him red-hot
. German tongue-lashinB.
E Mr., Kessier came to the door and was
again Villifed by Mr.. Hammnrstein. A
n few minutes later, at the street door
n Mr.. Hammerstcin struck him, and n,
, struck back, very much. to his adva,n
( tage in the swapping of honors. as HI
, said.
Neither man was hurt, and the Judg'
e did not think that the public interes
0 demanded the punishment of the prise
j. 1T is the right and the privilege Of .
e playgoer," said the Judge, delivering his
! opinion, ito express his approval Of q
! Performance by some reasonable and in
: offensive demonstration 1t Is also
/ quite as much his right to evlnce hi!
!, disapproval II he is so moved. But II
n either case, the applause or disapprova
must be expressed in an orderly man
ner, and II II is so done. no one hai
the right to challenge him for that ex
"The kissing of the one defendan
seems to have been the inspiring caus,
of the trouble that succeeded, but
to Which As you I have both BEEN H spubjec!e'
already is sufficient punishment, and
8 dismiss you with a warning not TO come
MIR. Hammerstein made off with hi
n lawyer, while Mr.. Kessler fingered g
s few minutes with the Roster q Bia
-. coed no further in the matter.
I Mr.. Hammerstein was asked by ar
+ Evening World" reporter why he had
q Missed hi Dio. He replied 1t was be-
-
s He was determined, he said. that II ht
could possibly prevent It he would mo-
e have that sort of thing in his house.
: 1t is apparent that relations are
IS strained between Messrs. Roster & Ba
: and Mr. Hammerstein. The two show
men and Manager Cline were GROUPED
e together upon one side of the court
d while Mr. Hammerstein sat alone will
his lawyer. There was no exchange o
: recognition between the TWO sides. Mr.
= Hammerstein admitted guardeily tina
l, he did not altogether approve OF th
police of Roster g. Bial, while Mr. elm
8 would not talk about the differences.
1t was said that owing to the straine
relations between Roster & Bal an
Mr.. Hammerstein, action for the ap
pointment of a receiver OF the must
halls affairs would be begun.
At the office of Fromne Bros, Mr.. Her
D. man Fromme said to an "Evenin
World" reporter to-day that they ha
received no instructions from Roster