New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-03-08
THE "SAPHO" JURY QUESTION.
APPLICATION FOR TRANSFER TO GENERAL
DISQUALIFICATION RESERVED.

sESSIONS-DECISION RESERVED.
A H Hummel counsel for Miss Olga Nethersole
and the other defendants in the "Sapho" case ap-
peared yesterday morning before Justice Fursman.
sitting in Part of the Criminal Branch Of the Su-
preme Court TO argue the papers asking that
the defendants have trial by jury in the Court of
General Sessions instead of Special Sessions
Justice Fursmsn, the close of the presentation
OF both sides, announced that he would reserve
his decision until March 20, earlier date In
he had time properly to examine the papers
in the
None of the defendants were IN court Mr.. Hum
mel first stated his side Of the case. He said that
he asked for the change from Special Sessions TO
General Sessions. where trial by jury could be
had, under Section LAOS OF the New York charter
He then said that prior to 1895 the Constitution
gave every defendant, whether or trial for mis-
demeanor for felony, right Of trial by jury
The New-York charter gave the Court of Special
Sessions the right to sit in all cases Of misde-
meanor save a few exceptional cases that could
be transferred TO the Court of General Sessions.
This case, he said he regarded exceptional
Mr.. Hummel then went through the various as
poets Of the case, and said that he thought
PENDANTS, Of whom had been before
bar Of criminal justice entitled 10 the de-
alterations Of Grand Jury, and then If that body
believed them guilty Of offending public decency, a
trial by twelve Here is a play" he said
Originally written in novel by of the greatest
q
g. whose reputation for literary purity is be-
yond question, d play given in nearly every promi-
nent city in the United States and for four weeks
in this city before any steps were taken Here
was an alleged offence perpetrated day after day
with members Of the police force present and with
Inspector Thompson there every performance
save one. He testified that there was nothing in
the play a sixteen-year-oId girl could not safely
see"
Mr. Gardiner in his reply said he would neither
oppose nor consent to the transfer. He would
simply place before the Justice such facts as he
was in possession of, he bound TO do. He
then called the Courts attention 10 one or two
legal citations.
Justice Fursman said in part:
Assuming everything be true that has been
affected any. They may be and doubtless are repu-
able people, but they must nevertheless abide by
the laws. There can be no fixed standard of morals
for every man and woman. Some minds are sensi-
tive, others coarse. l am not prepared
what ought 10 be done in this case. Many things
are TO be considered. However may decide ulti-
mately, have no hint in my mind to that
decision. i will consider this and dc the best
/ can; will do so fairly and honestly This is a
case OF peculiar character IL is unusual,
least. / cannot now say whether IL will be best
for these defendants to have the matter
found necessary, deliberated upon by the minds
of twelve men of affairs-men who know
something of the public morals Of this oityor not
/ will take all the papers in the and examine
and will give a decision March 20 or before In
case ] can find time properly to examine the case