New-York tribune., 1900-03-23
TRUE BILLS FOR " SAPHO."
MISS NETHERSOLE AND MESSRS. RE-
NELLE, MAYER AND MOSS INDICTED
BY THE GRAND JURY.

Dl LIE GhaND JGhl.
The persons most concerned in the recent pro-
duction of "Sapho" at walack's Theatre were
yesterday indicted by the Grand Jury the
charge of offending public decency. The de-
PENDANTS are:
MISS OLGA NETHERsoLE. the star Of the company.
who played the title part.
hamilton REVELLE; the leading OF the company
MARCUS MAYER she manager Of the company.
THEODORE MOSS. the and of the
theatre.
The success of the defendants in having the
case transferred from the Court of Special Ses-
sions TO General Sessions. with trial by jury,
has thus been followed quickly by turn Of the
affair which looks little less favorable them
1t doubtless hoped and perhaps expected
that the Grand Jury would dismiss the case, but
instead indictment promptly found which
accuses the defendants in whitening terms.
1t is expected that the will speedily be
brought TO trial. There will, Of course, be
further thought Of playing the piece within the
jurisdiction OF the court until the case is tried
and. indeed, it has not been played since City
Magistrate decided to hold the defendants for
trial The mystery still remains to why all
these persons should be indicted and not the
author of their version of the play, Clyde Fitch
who certainly had his share in making of the
play whatever 1t was. The influence of the case.
even as far il has gone. has. however
been felt already far beyond the jurisdiction OF
the court. Performances Of plays known
pected to contain indecency have been forbid
den in other towns and in other States since
this case began to attract attention. Mrs. Les
lie Carter the other day chanced to be sick just
when she was announced TO play ''Zaza," play
which gained some fame here last season. in its
own way, but the District Attorneys office was
not quite so vigilant about plays just then as II
has since become.
The Rev. Phebe A Hanaford. who was wit
ness when the case was before Magistrate Mott
in the Centre Street Police Court. was the first TO
arrive yesterday. Shortly afterward Theodore
Moss Marcus Mayer Miss Olga Nethersole and
Hamilton Revelle arrived and stationed them
selves near the Grand Jury room. A. II. Hum
mel the attorney for the defendants. reached
the Criminal Courts Building afterward
and went TO the District Attorneys office. He
asked what the appearance Of the actors
and others meant and he said that the defend
ants would ask to appear before the Grand Jury
and present their side He thought that their
request would be granted.
At noon the Grand Jury had completed its in
vestigation and had examined four witnesses.
One of them Miss Nethersole herself. The
others were W. o. Inglis Mrs Almon Hensley,
president of the Society for the Study of Life.
and Theodore Moss
When Miss Nethersole emerged from the
Grand Jury room she was asked what she had
said TO the jury. She replied This has been
the most trying day of my life I under
greater strain than ever before since this mali
cious charge was made against me. They would
never do this thing in England"
Then Miss Nethersole hastened away to the
office OF Howe & Hummel.
At lis o'clock the Grand Jury filed into Re
corder Goffs court and made its report. The
report was an indictment against Miss Olga
Nethersole Hamilton Revelle Theodore Moss
and Marcus Mayer The indictment
blanket one, and covered all the defendants. 1t
charged them with rtlisdemearor. in violation
of Section 3S5 of the Penal Code, which provides
for offences against public decency. The de-
PENDANTS will have notice to appear for pleading,
being under bonos. The indictment is an un-
usual one, as few have been filed under the
section named.
The indictment is in part as follows:
The Grand Jury of the county of New-York by
ReyeIIe Theodore Moss and Marcus r MAYER Of
the crime of unlawfuly committing and maintain
Ing public nuisance, committed follows: The
said Olga Nethersole. Hamilton Revelle, Theodore
wicked and depraved minds and disposition, and
not regarding the common duties of morality and
1909, at 2 certain theatre and place of amusement
comnonly called Wallack,s Theatre = situate at the
aortheast corner OF Broacway and Ihrtieth,st. in
the borough and county aforesaid unawfully did
lawfully doing which then and there Of
Tended public decency, and did then and there un-
lawfully. wickedly and scandalously exhibit show
and repeat and and permit to be exhibited
and shown and repeated for lucre and gain. in the
sight and hearing and view of d large mum Der of
persons in the said public place aforesaid. then
being. and of any persons and person willing and
DESTROYS of seeing and hearing the same and of
paying for their admission. divers indecent repre-
sentations and evil conversation, in that at the
time and place last aforesaid the said Olga Neither
sole and the said Hamilton Revelle and divers other
whose names to the Grand Jury
known. did then and there in certain exhibition,
performance and entertainment Of the stage,
monty called "Sapho." assume postures and atu-
tudes and repeat and utter words and
all of which said acts. words and conversat tions
then and there grievously offended public decency.
The four defendants are on the calendar to
plead the indictments to-day, before Justice
Fursman, in the Criminal Branch Of the Su-
preme Court. The case yesterday trans
ferred from the General Sessions Court the
Criminal Branch of the Supreme Court on
tion OF Assistant District Attorney O'Reilly,
made before Justice Lawrence of the Supreme
Court.
Wallack's Theatre closed last night. 1t
reported that Miss Nethersole sick
with nervous prostration. and could not appear.
II was also said that ii was entirely unlikely
that she would be able to appear again in the
next two weeks. The trial of the is
pected TO take place Monday.