New-York tribune., 1900-04-06

they may do it again. Mayors all lawyers.
and they may not all understand the binding nature
of precedent There may be Mayors this side
of the Mississippi River who If the question is
for them to decide Will overrule the decision of a
New-York court and declare that "Sapho' cannot
be played in their towns. Mayors an eccentric
lot. and you tell from an
other what some Of them will do But the theatri-
cal managers will try the experiment. There is
doubt about that. Tae sensations the coming
season are to be the man in the play who carries
CIRCUS who rides bicycle down one.
Marcus Mayer announced last night that "Sapho
would be presented tomorrow night at Wallack's
Theatre a rehearsal was held last night. and
OF the company were present. Miss Nethersole
Many telegranas from her admirers. both here and
in other cities, were received. including some few
from abroad.
THE LAWYERS SUM UP.
Long before Il O'Clock all the seats in the court
room were filed. There a larger number of
persons present than during any previous day Of
the trial Miss Nethersoe, accompanied by her
brother, Louis Nethersole; Hamilton Revee and
Mr. Hummel entered the courtroom few minutes
before Il O'Clock Marcus Mayer followed few
minutes later.
1t 115 o'clock before Mr.. Hummel began
summing up for the defence. He declared that
Miss NethersoIe was present with a consciousness
Of innocence, and her greatest desire to wipe
away the stain of the nauseous Indictment He
said that the indictment was the outcome Of venom.
spleen and rancor. Mr.. Hummel then dwet upon
the law bearing the case, and desired that the
jury should not forget that the charge that Of
offending public decency. He declared that the
Assistant District Attorney had placed obstacle
upon obstacle in the way OF the case, asking for
postponement and delay, and. above ali for
super-elegant, high toned broadcloth special jury
TO try the case.
Mr.. Hummel referred TO Miss Nethersole AN
actress OF world wide reputation, not open to the
slightest suggestion of suspicion unsmrched in her
character unsullied in her life, and with an un-
tainted record"
Who wrote the play?" he asked. NO notorious
salacious writer Of unclean productions but Clyde
Fitch, who has written such notable successes
Beau BrummeH' Nathan Hale Barbara
Frietchie' and others Is there anything immoral
/ about Beau BrummeT the others? Nothing!
Absolutely nothing"
Mr. HUmmel declared that the play a work
of art. He asserted with great vehemence that
! of the witnesses had "damnably' fals:fed TO
Miss Nethersoles costume. He exhibited a picture
of Miss Nethersoie. and said: Look 1T that
gown. 1t is simple Grecian gown, and is simply
and modestly cut" Mr.. Humme concluded by
denouncing the action of the police in the case.
1t 12:15 o'clock when Assistant District At
torney lie Barber began summing up He opened
by telling of the law bearing upon the case. Then
/ ne took up the play and reviewed Il at length.
! He contended that in 1t sentence after
OF immoral and indecent language He told
the jury that they had the right to pass upon
what was indecent and offensive public decency.
I would blush and you would blush" declared
/ Mr. lie Barber IF we had gone that play with
our sweethearts thinking We would see
/ classical Greek play"
/ Continuing, he said
What is the picture presented to your minds
up the staircase? Such sight as A woman OF
ana handsome man can have but one suggestion.
/ He asserted that the more subtle the suggestion
! the greater the offence
we are not concerned with individuals" he said
the question is what is the quality the play"
MISS NETHERsOLE SHOWS EMOTION
Miss Nethersole showed considerable emotion at
several points in Mr.. lie Barbier's argument. and
exclaimed so she could be heard half way across
/ the room: Not immoral! Not immoral"
Justice Fursman began his charge jury
10 O'Clock. He read the law bearing upon the
case and then said:
! Four defendants here charged with offending
pup P@upHe decehcy; You WI not take into account the
/ first appeared held them. You the sole judges
sionata utterances Of Sonnsa C7en1 rne tnlpds
cold. unimpassioned facts The law requires you
/ to presume these defendants are Innocent
You are not here in Re nteref fhf of
eny ne"sP1Per not IN the Interest OF the de
Newspaper accusations be considered
/ less the prosecution establishes guilt 70 a Ger
tainty you cannot presume gui4,. You are not the
/ promoters any reform movement in New-York
You are TO decide whether the play really offends
/ public morals not.
Justice Fursman declared that the law governing
the case was not made for young girls and young
boys He said made for a large class
/ of people the great of the people.
Mere suggestveness IN the play is sufficient
/ prove guilt in this case he charged
/ Continuing said.
don't know how familiar you may De with the
costumes OF ancient Greece and Rome with the
English language ever since Chaucer but you NAV
hnd many things in picture and poetry that
suggestive as this play.
then reviewed the play a length.
conclusion, Justice Fursman charged that the play
was suggestive Of good well of evil. The
Justice finished his charge 1850 O'Clock. Ad-
journment then taken until p.
. The iurymen after luncheon got back TO their
few minutes after O'Clock. They
began their deliberation of the and
minutes had reached the verdict The foreman
and al $40 O'Clock they filed into the courtroom.
/ Justice Fursman entered the and took his
/ their seats He nodded 10 the court clerk. and that
functionary asked the foreman the jury if d
verdict had been agreed on. He answered in the
/ affirmative
Miss Nethersoie and the other defendants had
J been in ther seats all the time The now
almost involuntarily arose from her chair. She was
. with her left hand one of the hands OF Mr.. Hum
mel, and with her right a hand of her brother.
. foreman as he spoke in answer 10 the clerks in
qury as to the verdict we find the defendants
not guilty"
d The actress eyed the man for a second and then
several tears fell down her cheeks. She turned to
her brother and he kissed her. and then she shook
. hands with Mr. Hummel. Next she greeted Hamil-
number OF others shook hands with her She
seemed Inclined TO become hysterical Mr.
anu LOUIS her INTO Justice
. fufsnahS room. There she gave way and became
actually hysterical. But she soon recovered and
said; "Oh. am 80 glad I'm so glad It's all overt
RIFT IN THE THEATRE TRUST
The members OF the Hayman- Frohman theatrical