Evening journal., 1897-05-27
TUCKER RISCONVICTED
The Salvation Army Commander
Guilty of a Misdemeanor.
WAS DEFENDED BY A. OAKEY HALL
The Judges Charge Unfavorable to the
Accused-The Commander Makes
Statement Charging Malicious
and WinCuI Prosecution.

New York. May 27.-Frederlck dc Ia
Tour Booth Tucker, commander Of the
Salvation Army in the United states,
has been convicted of maintaining a
disorderly house at the big army bar
racks in West Fourteenth street. Sen
tence was postponed until June s, and
the commander was liberated on the
same bail as he has been under.
Complaint was made by residents of
the neighborhood of the barracks, who
alleged that they We're greatly disturb
ed by the singing aud band playing at
the Salvation Army meetings. espe-
cially those that lasted all night
Booth Tucker was defended by eN-
Mayor y. Oakley Han, who quoted
from the Scriptures to show that NIiri-
am was the first halleluiah lassie and
that trumpets, cymbals, harps, casta-
nets, comets and timbrels were used by
the ancient Hebrews in the worship Of
God.
Assistant District Attorney Welch
spoke for an hour. He said that Com
mander Booth Tucker and his counsel
had confessed the offense charged In
admitting that there was a nuisance,
which. however, they contended was a
private nuisance and not a public nii-
sance. The all night meeting on April
Is Mr. Welch referred to as "a night of
riot got up not for the glorihcation Of
God, but for the glorihcation OF Booth
Tucker"
Judge Newburger's charge was con-
sidered TO bear against the defendant
He said that this was a most important
case and involved important conse-
quences. There We're two questions tc
be answered by the jury: Did the de-
fendant maintain a nuisance Was IL
a public nuisance? 1T is for you to de-
termine." he said, whether or not the
holding of a service from o'clock in
the evening until 4:30 o'clock in tn,
morning with the accompaniment oi
music and the singing of 1000 person!
renders the enjoyment of life and prop
erty uncomfortable to a number of th'
people of the city. If the services helc
| by the defendant were conducted withir
| reasonable hours and did not interfer,
with the peace and comfort of the resi-
dents about then your verdict must bl
not guilty. Otherwise IL must be a yer
dict of guilty"
The jury was out five hours.
Booth Tucker Makes n Statement.
Commander Booth Tucker gave ou
statement, the first half Of which
was written while the jury was deter
mining upon the verdict. He declare,
that the Importance of the case wa
because It was manifestly an attemp
to create a precedent. which does no
now exist. or an effort to manufactur
a new crime by stretching the pro
visions Of the existing law. The state
ment begins by asking: Are the pre-
cisely similar services conducted in on
other 730 halls throughout the Unite
States to be branded as brothels? Ar
the hundreds of similar services hel
by US in the principal churches Of tn
land to be similarly .branded?"
The statement then declares tha
there was not one fraction Of evidenc
offered that the headquarters was
disorderly house in the usual sense at
tached TO the word. and that a neV
law has been manufactured by IN
conviction. the immediate abrogation q
of which should be the duty of ever
citizen who has an atom Of care for re
llgious liberty, and concludes as fol
lows. Can I not trust the kingdom
interest with him. who brings good ou
of evil. gain out of loss, JOY out Of sor
rowe"