The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-04-12
THE DANCING GIRL.
Miss Dever Released I'm
conditionally by
Judge Utley.

The ''houchee couchee" dance will go
on in Worcester as far as Judge Utley
is concerned, and yesterday he gave
his opinion on the subject by discharg-
ing Blanche Dever, who was arrested
at O'Flynn & Kirby's Nickelodeon Iii
Front street, Monday night, by Officers
Keyes and j, B. Barker for doing a
combination of rag-time and Oriental
dancing that in the opinion of the Off
GERS was Objectionable in every par
ticular
Judge Utley ruled that it was the
duty of the license board to deal with
such matters, and Miss Dever and her
manager are now ready to come before
that body and demonstrate that the
dance is all right morally by showing
them the real thing as it is done at the
Nickelodeon.
Chief of Police James NJ. brennan,
who made the complaint against the
manager and his player, Maurice f.
Kirby and Blanche Dever raised OBJ
Jeotions to the method of procedure
used by Judge Utley, but the judge de-
termined to have nothing to do with
the matter and told the chief so by
stating that the license board must act
The members of that body say that
they do not wear the yellow Jacket in
such matters and it looks as if it is
up to the board of aldermen in the mat
ter. They do not meet again for two
weeks, and the dance can go on until
that time.
Miss Dever took her seat in the court
room before Justice Samuel Utley took
his seat, and shortly afterwards she
was reinforced by Manager Kirby, who
was also in court to answer to the
same charge as Miss. Dever, running an
immoral show. t; She 8 : locked modest
ENOUGH TO, be the assistant "a superin-
tendent Of a Sunday school or the pres
ident of missionary society, as she
waited for her name to be called. The
seating capacity of the little corner
which is reserved for onlookers was
taxed to its utmost capacity by people
who managed to work flank move
ments on the brass buttoned officers
who are stationed at the entrance to
keep out people who have no business
in the court room, and on the outside
were about 100 more people who could
not get in 1t was generally supposed
that Miss Dever would run out of the
ante room and jump up on a table and
do the dance in all it's details in full
costume, and so many clamored for
admission that many theatrical people
who surrounded Miss Dever thought
of the cinch a manager would have if
he only could charge admission.
Just after the opening of the court,
Judge Utley handed down the follow
ing decision to the newspaper men
present: THE license board has power
to license such as seems to it proper
and to revoke the license at any time
for what seems to the board a proper
cause. 1t can act summarily and fin
ally without any limitations imposed
by the technicalities of pleadings or
the vagueness of evidence or the limit
atoms imposed on it's decision by an
appeal. It's action is not attended by
the demoralizing effect of a public
trial in such a matter. 1t therefore
| seems best for the court to refuse to
interfere in this case and to leave the
responsibility for the propriety and
purity of the performance entirely
with the board"
| Chief brennan did not look kindly on
the decision and did not want the case
dropped in such a manner, and pro-
tested that the license board, consist
| ing of himself, Chief Vaughn of the
fire department and Clerk Coffey OF
| the board of health, had no power to
ISIOD the performance ny IGNOhlDS Tie
| license of the play house, which they
granted. By an ordinance of the city
council passed Dec. o. 1897, the board
| is given the power to grant such Ii
| censes, but the power to revoke the
same lies wholly with the board of al
dermen.
Chief brennan pointed out to the
court chapter $3.50 of the acts of 1896 of
the public statutes. This act was
I FA,- ..f nc he no
in question. 1t provides that If per-
son is found guilty on such charge as
the one preferred against Miss Dever
and Flynn, they should be punished by
fine not exceeding $500 or term of
one year in the house of correction or
both. Judge Utley would not listen,
however, and called upon the prison
ers and ordered them discharged with
out complaint.
Manager Flynn of the nickelodeon
came prepared to fight the case, and
had as witnesses Councilman Wesley
Merritt, Sergt. Hill, Inspector Fisher
and others who, he says, were willing
to state that the dance was all right
and Officers Reyes and Barker were
present to state their side of the case.
but it was all in vain. AS soon as the
decision was made, Miss Dever swept
from the court room, casting a look of
contempt at the two policemen who
made the arrest.
Martin Trulson, proprietor of Hotel
Du Nord, charged with keeping a dis
orderly house, had his case continued
until Friday, as he wished to summons
witnesses.
Chester Maher and Albert Gay, both
juveniles, were charged with breaking
glass in Chinaman's laundry on Main
street They were arrested by Officer
Thayer and as both have good rec
ords, Gays case was placed on file and
Maher was taken on probation. The
following DRINKS were disposed Of
John Fitzpatrick, fined SIS; James Col
Inns, Thomas Pyne, James Turner and
William McNulty, fined $40 each; An
drew Pakkala, George Lambert and
John AleXsOn, cases continued.