The Providence news. (Providence [R.I.]) 1891-1906, 1900-04-06
Charge Made TO the Jury BY Judge Fursnin
/. Was 10 Favor Of The Accused.
MERE sUGGESTIvENEss IN THE PLAY.
MOI Suffclsniio ConVol, He Held Tears Sirsamsd
From Miss NelhsIsoIs's Eyes xhsn the
Verdict Of N,l Gully Was Announced.

NtN ioih, April o.--Ine trial OF MISS
Olga Nethersole. Hamilton Revelle, her
leading man; Marcus Mayer, her man
ager, and Theodore Moss, for produce
ing the play of 'Sapho," was contin-
ued before Justice Fursman yesterday
The examination OF witnesses had been
ended and the lawyers made their ad-
-dresses to the jury. In summing up for
the defence. Mr.. Hummel declared that
Miss Nethersole. was present with a
consciousness OF innocences and her
greatest desire was to wipe away the
stain of the nauseous Indictment"
Mr.. Hummel spoke OF Miss Neither.
sole as having been dragged into a
criminal court by as foul a conspiracy
as was ever conceived"
Mr.. Hummel then dwelt at some
length upon Alphonse Daudets book.
from which tha play was adopted He
earned that II had been on sale at
Dvok stores and stands openly for
years. He concluded by denouncing the
action OF the police in the case.
THE PROSECUTION.
Assistant District Attorney Leber-
pier opened by telling of law bearing
on the case. Then he took up the play.
ss''N iNsi'Ntu ~ lcHBt0. lie
tnat In IL was sentence after sentence
of immoral and indecent language. He
laid stress upon the "suggestiveness'
IN the play, and, scene by scene, he
brought out the points in the play that
might strengthen his case.
Justice. Fursman then charged the
Jury, and recess was taken.
Justice Fursman, in his charge to
the jury, read the law bearing upon the
case. land then said:
-Four defendants are here charged
with offending public decency. You will
not take into account the fact that the
court before which these defendants
first appeared held them. You are the
sole judges of the facts Disregard the
>impaSsioned utterances of counsel. Con-
ssider only the cold unimpassoned
facts. The law requires you TO presume
that these defendants are innocent. The
prosecution is required by law TO over
come this presumption. You are not
here In the interest OF any newspaper
not in the interest OF the defendants,
but as sworn officers of the law. News
paper accusations are not to be consid-
ered.Th evidence itself should only be
considered. Unless the prosecution es-
tablshes guilt to certainty, you cannot
presume guilt You are not the promo
ters OF reform movement in New
York. You are 10 decide whether the
play really offends public morals or
not"
JUDGE FURSMAN's CHARGE.
Justice Fursman declared that the
LAW governing the case Was not made
for young girls and young boys. He
said that II was made for a large class
OF people. the great mass OF the people.
He said Mere suggestiveness i'm the
play is not sufficient to prove in this
In conclusion, Justice Fursman
claimed that the play was suggestive
of good as of evil.
t., jurymen, after lunching. got
back to their own roorh soon after
O'Clock. They at once began their de-
liberations, and in 10 minutes had
reached a verdict and at 1920 o'clock
they filed into the court room. Mean
time the court room had been filling
up. The court clerk asked the foreman
of the jury IL verdict had been agreed
upon. He answered in the affirmative.
Miss Nethersole and the others had
been in their seats all the time. The
actress involuntarily arose from her
chair. She was obviously agitated. She
caught with her left hand one of the
hands of Lawyer Hummel. and with
her right hand of her brother. She
steadted herself and looked very anx-
iously at the foreman as he spoke. in
answer to the clerks inquiry as TO the
verdict: 4
MISS NETHERSOLE IN TEARS.
1--WE find the defendants not guilty"
cheeks. one turned TO her brother and
Tears fell upon Miss Nethersoles
he kissed her and then she shook hands
with Lawyer Hummel. Next she greet
ed Hamilton Revelle and then Mayer
and Moss A number OF others shook
hands with her. and all the time her
eyes Showed the tears. She seemed
inclined 10 become hysterical and MIR.
Hummel led her. with Louis Neither
sole on the other side, into Justice
Fursman's room. There she gave way
and became actually hysterical. but |
SOON recovered.
"Oh. l am so glad. I'm so glad it's |
all over" she exclaimed. AS she left |
the court she shook hands with some of |
the uniformed officers and pushed her |
way through the crowd out Of the |
building