The evening times., 1900-03-06
THE POLICE STOP "SAPH0."
Miss NethersOie Prevented rro"
Giving Her Play I'm New YORK.

Giving Her Play i'm New York.
NEW YORK. March 6.-The police stop
ped 'Sapho' last night. A message from
the Office of the chief of police was re-
ceived at Wallack's Theatre at few min
utes after o'clock saying that the police
would interfere with the presentation if
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. A crowd gathered in front
Of the theatre and by 7:S0 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 is
also resolved that she will not disappoint
the public. She will gather the company
fer 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 adiudl-
Gated ! was very much astonished 10
learn that Colonel Gardiner had taken the
steps he has after he told Miss Nethersoie.
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.. HummeIl on beiheif of the four
defendants had spoken for seventy-fiVe
minutes at the Centre Street Court Magis-
trate Mott told District Attorney Gardiner
that ii would be unnecessary for him To
say anything. as the court had already de-
cided 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 at
$500 each.
In deciding the case as he did Magistrate
Mott laid emphasis on one point, that his
decision has nothing to do with the merits
of the case. or whether the production of
"Sapho" is indecent or not He considered
the question involved, however, to be one
that should be decided by the Court OF
Special Sessions. a course that had been
/ invariably followed by magistrates in sim
liar cases.
Miss Nethersole said she was confident
that when the case gets into court Of
record she will be eXonerated. Mr.. Hum
nell said he would seek to have the case
transferred to the Court of General Ses-
sious. where he can have a jury trial.
dav and make formal application
: for the transfer II his motion is granted
the case will be in the hands OF the grand
jury and unless that body sees fit TO in
diet there viii be nc trial at all. IL Mr..
Hunmeu's motion is denied the case Viii
go at once on the calendar of the Cou1
of Special Sessions, which ought to bring
it up for trial some time next week.
Nevertheless after Colonel Gardiner got
back to his Cffice he dictated a letter 10
the chief of police informing him of Mag
istrate Motifs action.
Chief Devery after consultation with
President York, Of the police board, gave
out this statement:
The police have not heretofore acted
in the matter of the performance OF the
play 'Sapho' for the reason Of the wide
difference Of opinion existing as to whether
such a play was a violation Of public
decency. but now that a duly authorized
magistrates court has determined, after a
hearing that such play comes within The
provisions Of the penal code as a public
nuisance in that it is an offence against
public decenCy. and therefore, 4 misde-
meanor. and such play being given in a
pubIi, place where il is the duty of The
police tC attend and have knowledge of
what has taken place, il is. therefore. the
duty Of the police to arrest any person
guilty OF misdemeanOr committed in their
presence. and for that reason il now be-
comes the duty of the police 10 CnfO 'ca
this provision Of the law. An order was
accordingly sent TO Captain Thomas. OF
the Tenderloin police, to stop the PER-
Torrance.