New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-03-08
THE "SAPHO" JURY QUESTION.
APPLICATION FOR TRANSFER TO GENERAL
SESSIONS DECISION RESERVED.

A H Hummel, counsel for Miss Olga Nethersoe
and the other defendants in the "Sapho' case. APP
peared yesterday morning before Justice Fursman.
sitting in Part 1 of the Criminal Branch Of the Su-
preme Court, to argue the papers asking that
the defendants have trial by jury in the Court of
General Sessions instead of Special Sessions
Justice Fursman, the close of the presentation
of both sides, announced that he would reserve
his decision until March 90 earlier date in
case he had time properly to examine the papers
in the case.
None of the defendants were in court Mr.. Hum
mel first stated his side of the case. He said that
he asked for the change from Special Sessions to
General Sessions, where trial by jury could be
had. under Section LAOS of the New-York charter.
He then said that prior 1895 the Constitution
gave every defendant, whether trial for a mis-
demeanor for felony, a right of trial by jury
The New-York charter gave the Court of Special
Sessions the right sit in all of INSIDE
meanor, save a few exceptional cases that could
be transferred the Court of General Sessions.
This case, he said, he regarded exceptional
Mr. Hummel then went through the various as
poets of the and said that he thought the de-
PENDANTS of whom had been before
a bar of criminal justice entitled to the de-
Hberations of Grand jury, and then, If that body
believed them guilty of offending public decency, a
trial by twelve Here a play" he said
'originally written in novel by of the greatest
authors of the transformed into drama by
a man whose reputation for literary purity is be-
yond question play given in nearly every promt-
nent city in the United States and for four weeks
in this city before any steps taken Here
was an alleged offence perpetrated day after day
with members of the police force present and with
Inspector Thompson there at every performance
He testified that there was nothing In
the play sixteen-year-old girl could not safely
see"
Mr. Gardiner in his reply said he would neither
oppose consent to the transfer. Re would
simply place before the Justice such facts as he
in possession Of, he bound % do He
then called the Courts attention TO one or two
legal citations.
Justice Fursman said in part:
Assuming everything be true that has been
stated here, cannot that these defendants are
affected any. They may be and doubtless repu-
cable people. but they must nevertheless abide by
the laws. There be no fixed standard of morals
for every man and woman. Some minds sensi-
tive, others coarse. j am not prepared say
what ought to be done I'm this Many things
10 be considered However | may decide ut-
mately. l have hint in my mind now as to that
decision. ] will consider this and do the best
of peculiar character ii is unusual say the
least i cannot say whether it will be best
for these defendants TO have the delberated
upon FIRST by sixteen men of affairs and later II
found necessary, deliberated upon by the minds
of twelve of sffairs-men who know
something of the public morals OF this cityor not
] viii take all the papers in the and examine
and will give decision March 20. or before In
case / can find time properly to examine the case.