The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-04
DALEY GOES TO JAIL.
Judge Murphy Finds That He Was
Guilty of Con-
tempt,

tempt.
Judge Murphy has washed his hands OF
Manager Daley of the Alcazar Theater
and of the actors and actresses who formed
the cast of ''The Crime of the Century"
The case of R. c. White, the playwright,
has been continued.
After hearing arguments pro and con on
the attempted and partial production of
the play said to be based upon the incl
dents in the Durrant case his Honor con-
signed Manager Daley to three days in
the County Jail, let the players off on
their solemn promise-given in chorus
that they would not appear in the play in
this City during the tendency of the Dur
rant trial. and now the matter will go to
the Supreme Court on a writ of habeas
corpus to be sued out Monday morning, at
which time Dailey's sentence will begin.
Department was thronged with familiar
faces when Judge Murphy entered and
took his seat at 10 O'Clock in the morning.
His Honor had judicially stern set to his
features and lines of anxiety showed
plainly and Enthusiastically in the makeup
of the players before the bar.
''Mr. Cook, are you ready to proceed :"
asked his Honor, and Mr.. Cook signified
that he was by arising from his seat, bum
die of papers in his right hand.
'As it is required of US to make an
swer," he said, 1--WE have one which we de-
sire to file now.'
And Mr.. Cook proceeded to read the an
swer, sworn to by Mr.. Daley, in which the
latter ave-red in particular terms that in
presenting the play, "The Crime of Gen.
tury," he had had no intention of interior
ing with the administration of justice. and
less desire to fly IN the face of the court.
Attached to this answer was an exhibit, a
copy of the first act and the first scene of
the second act of ''The Crime of the Cen
fury" which Mr.. Cook proceeded to read.
Say, split me in two and pickle me,
see ?" read Mr. Cook, mimicking the tones
and shooting out his under jaw in por-
travail of the characteristics of one of the
star body-snatchers in the piece.
''Oh, watts de dif,' he continued, read
ing the reply of the dirty faced pal of the
principal resurTectionist; 1--WE cops de
dough, don't we? What's de diff, see ?''
And both hody-snatchers made vicarious
bits with the audience through the elocu-
tionary ability of Mr.. Cook. So it went to
that part of the piece where the beleaguered
actors lost their cues in the custody of the
Sheriff's deputies. Mortimer Snow, who
had assumed the role of Henri Du Bois
the alleged prototype of Durrant, was
called to the stand to furnish proof of the
Dailey's answer.
Manager Daley then took the witness
chair and was questioned regarding the pro-
duction and the matters leading up to it.
There is an underlying principle here, :"
said Judge Murphy, 'that, if this decision
is against you, will test the question as to
whether or not the court has power at all
to protect person ON trial as far as the
law will permit it to be done, in having a
fair and impartial trial. In other words,
whether or not the court should sit by and
permit such conduct as would naturally
and inevitably tend to disturb the calm
and orderly proceedings of the court and
a. feet jurors or proposed jurors, perhaps to
create such a prejudice and bias against
the person on trial, as to render il almost
impossible to have fair and impartial
trial. In other words, can the party on
trial have the aid of the court to assist him
in having his constitutional rights &C.
corded him.
"Now, should l determine this matter
against your client, personally it would be
my desire to have the fullest expression of
the Supreme Court in the matter if it has
not already expressed it. | have nv views
of this matter and they are very decided.
They are matters of which l have thought
for years, which | have taken occasion to
read up on and which ideas are fortified
by the opinions of the courts of this and
many other countries which have the
common law doctrine"
Mr.. Cook having made counter plea
Judge Murphy stated he would dismiss
the contempt proceedings against the actors
providing they would promise in open
court that they would not participate in
the production of the play until the rights
OF the various parties were determined.
They all promised in a chorus and the
court made an order for their release
stating that White and Daley were still
before him.
General Dickinson then put in his proof
in support of the order to show cause, and
on his conclusion his Honor began rem
deling his decision. 1t was lengthy and
ella 5orate one, full of the wisdom of courts
in which he held forth that a court had
the inherent power to exercise its powers
for the maintenance of its dignity and the
protection of the rights of persons on trial
| before it.
"The court finds and holds" he said in
conclusion, 'that the respondent, w. r.
Daley, in producing this play upon the
sta ge at the Alcazar Theater, which fact
| the evidence shows he did, in direct dis.
obedience of the order of court forbiddina
him so to do, has been guilty of contempt,
ami as a punishment therefor the court
ORDERS and directs that he be imprisoned
in the County Jail for the period of three
DAYS"
Mr. Cook asked that, as convenience to
his client, the court SO make the order that
| the sentence should run from Monday. II
was so ordered. Mr.. Daley was released
On bonds and his counsel announced that
they would prepare a petition for a writ OF
habeas corpus, to be presented to the
Supreme Court on Monday, when he began
| serving his sentence, so that the matter
might be brought up on that, and so it
stands.
| All II0jlD laHTll nhMniTc