New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-02-22
THE CASE OF "SAPHO."
STAR MANAGER AND LEADING MAN AR
RESTED.
MISS NErHERsOLE TO APPEAR IN COURT
PRODUCING AN IMMORAL PLAY.

There were no excursions or alarms at WalIacks
Theatre last night, and after stormy and exciting
day Miss Olga Nethersole and her company played
'Sapho' in peace. 1t is scarcely necessary to say
that the house crowded and that many who
tried to get in failed to do The efforts lately
made to prevent the further acting of the play
had occasioned the fear in minds that only
few performances of it would be given. and
so many fastened to It. 1t looks If
nothing Of startling nature would be done
till tomorrow morning.
District Attorney Gardiner. accompanied by AS
sistant District Attorney Hennessey. appeared be-
fore Magistrate Mott in the Centre-st. police
court yesterday morning and began proceedings
against the producers OF "Sapho." They made
complaint against Marcus Mayer, Theodore Moss
and Miss Olga Nethersole, under Section 1856 of the
Penal Code. charging them with maintaining a
public nuisance in the play The corroborative affi-
davit made by Robert Mackay. Magistrate
Mott ordered warrants to be issued.
The information in the affidavit of Robert
Mackay sets forth that on last Saturday night he
visited a play called "Sapho" at Walacks Thea
tire. The theme OF the play he alleges. is por-
trayaI of the life of dissolute in such a
way TO offend public decency. Mr.. Mackay de-
cares that the whole play is mbued with i'm
moral tone and endangers public morals.
District Attorney Gardiner addressing Mags-
trate Mott said; Information has come to the
People that a play is being produced at Wal
lacks Theatre, in this city. known 'Sapho' We
ask warrants to issue against the persons named
TO public morals and decency."
Magistrate Mott took the papers and read them.
He looked up suddenly and asked Look here,
don't you know that the Chief of Police and some
Of his men have been up see this show, and
they say 1t was one of the finest things gong?"
Well" said the District Attorney, Il know that
But that does not alter our position. We still be-
lieve the play TO be immoral and offensive to pub
lie decency."
Magistrate Mott pondered for a while and then
said: "Oh, don't know. The people don't have to
see this play If they don't want Some of them
cannot see it,
THE WARRANTS SERVED AT ONCE
After some parleying Magistrate Mott ordered
the clerk TO make out the warrants against the
persons named in the complaint. Detectives Nc
Naught and CUT of the District Attorneys office,
called on Chief Devery in the afternoon and had a
talk with him and Inspector Thompson They rep
resented that the warrants were not to be served
till Friday. Chief Devery declared that the war
rants would have be served at once and that the
persons for whom they had been issued would have
to be taken before Magistrate Mott yesterday In
spector Thompson and Detectives Mcknight and
Gun left Police Headquarters at 2:3O D. m to exc
cute the warrants
Colonel Gardiner had talk with A II IIrnn,a1
counsel for Miss Nethersole who visited him IN
Part XII of the Supreme Court earlier in the after
noon. 1t was agreed Colonel Gardiner said later
that the defendants in the case should appear in
the Centre-st. court this afternoon and formally
surrender themselves The Magistrate was 70
parole them for examination Friday morning
and Assistant District Attorney O'Relly was to
know then that the warrants had been served by
The warrant served on Miss Nethersohe at
the Hoffman House at BIS o'clock by Inspector
Thompson. She went directly 10 the Centre-st
court Marcus Mayer her manager, and Hamilton
Reyelle her leading man. against whom warrant
had also been issued, were arrested at about the
same time at Wallaek's Theatre They. too, were
taken to the court.
THE DEFENDANTS OUTRAGED FEELINGS.
When the party appeared before Magistrate Mott
Mr.. Hummel said that he understood that the de-
PENDANTS would be released parole If they ap-
peared before the Magistrate. Assistant District
Attorney O'Reilly said that he had no objection
Magistrate Mott then paroled the defendants in
their counsers custody.
Miss Nethersoe and Mr.. Revelle then took seats
in corner while Mr.. Hummel read them the in
formation. When he reached the lines about the
exciaimed Why, the Verv idea a. MISS Ne'hersole
When the statement was read about the alleged
unstairs she said: This &C. the actress
Fflghupuy shocklng,I. didn't think they would
Rank perjuryr' commented Mr. Hummel
The party then went to Mr.. Hummers office
Miss Nethersole made the following signed stale
land, was an actress and thirty wears old
Il have committed no crime against good r3or pdq
specially demand TO know the source of this m
called for attack upon me and my proprietV The
Court cannot give too speedy Investigation
Mr.. Mayer said that he lived at No. % West
Thirty ninth-st. that he was not guilty and mai
he could see no reason why he was nrocee sdSI
against. Mr.. ReveIle said he born in spain
was an actor, and lived at the Hotel Vendome He
Before leaving the courtroom Miss Nethersole
this attack on me- Americans usually more
When the party reached Mr. Hummels office
Miss Nethersole declined TO make any statement iii
she was In court Mr.. Humme tried TO persuade
her to do so. but she declined. Mr.. Hummel said