The evening times., 1900-03-06
THE POLICE STOP "SAPHG."
Miss NetherEOic Prevented From
,;iNinE Hcr PInN I'm NcM York.

MINN NGtnerEOkc ITeNenAtn
Giving Her Play I'm New York.
frEW YORK. March 6.-The police stop
ped 'Saphoi last night. a n essage from
the Office Of the chief OF police was re-
ceived at Wallack's Theatre at a few min
ltes after o'clock saying that the police
would interfere with the presentation IL
there was any attempt TO put the play on.
Signs were put out announcing that there
would be no performance and that the
particulars would be found in the morning
newspapers. crowd gathered in front
Of the theatre and by 7:30 O'Clock the side
walk was blocked Money for the tickets
was refunded
Mr. Hummel Miss Nethersole's counsel,
said:
Miss NethersOle will make a fight for
the principle that is involved, and she il
also resolved that she will not disappoint
the public She viii gather the company
fC7 a rehearsal tomorrow and will appear
at the regular performance tomorrow night
in The Second Mrs Tanqueray. We Will
make no attempt to present the play
'SaphO' until this case has been adjudl-
Gated l was very much astonished 10
learn that Colonel Gardiner had taken the
steps he has after he told Miss Nethersoic
in my presence. in the courtroom that he
would not interfere with the performance
tonight"
In the summing up Of the case yesterday.
after Mr. Hummell. on beiheif OF the four
defendants. had spoken for seventy-ive
minutes al the Centre Street Court Magis-
trate Mott told District Attorney Gardiner
that il would be unnecessary 'oT him To
say anything as the court had already de-
CidCd that. under the three cases cited as
precedents by the prosecution. there was
nothing for him to do but hold the de-
PENDANTS for trial. He fixed their bail AZ
$500 each.
In deciding the case as he did Magistrate
Mott laid emphasis on one point, tina, his
decision has nothing TO do with the merits
Of the case. or whether the production Of
'SaphO" is indecent or not. He cor ,dered
/ the question involved. however. to be one
that should be decided by tae Court Of
! Special Sessions, a course that haJ been
/ invariably followed by magistrates in SIM
liar cases.
Miss Nethersole said she was confident
that when the case gets into a court OF
record she will be exoneratcd. Mr. Hum
NELL said he would seek TO have the case
transferred 10 the Court Of General Ses-
sious. where he can have a jury trial
day and make a formal application
for the transfer II his motion is grantes
the case will be in the hands OF IN. graLC
jury and unless that body sees fit 20 in
diet there will be no trial al all. d sir
HuumelTs motion Is denied the cssC vi
30 at once on the calendar Of the CoW
of Special Sessions, which ought 20 bring
il UP for trial some time mex, week.
Nevertheless. after Colonel Gardiner go
back TO his office he dictated a letter 90
the chief OF police informing him CT Mag
istrate Motifs action.
Chief Devery. after consultation witt
President York OF the police hoa 81. CAV,
oUt this statement:
The police have not here oto.c acte,
in the matter of the peTfOrmGLC, # tl,
play 'Sapho' for the reason Of t.= yid
difference Of opinion existing as TO h,.ha
such a play was a violation uf f-1Ii
decenCy. but now that a duly aGth0rize
magistrates court has determined. after
hearing that such play comes within IN
provisions of the penal code as a publi
nuisance in that it is an offence gains
public decency and therefore, q m'sde
mcanor. and such play being given n
public place. where IT. is the duty of III
police to attend and have knowledge O
. what has taken place. 10 is. therefore tn
duty OF the police TO arrest any perso,
guilty Of a misdemeanOr committed i'm thei
presence and for that reason 10 now be
comes the duty OF the police TO Cuf1.c
this provision OF the law. An order wa
accordingly sent 90 Captain Thomas. @
the TenderlOin police TO stop the Per
+ fOru,1Urp 90