New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-03-06
" SAPHO" OFF THE BOARDS.
MAGISTRATE MOTT HOLDS MISS METH
ERSOLE AND OTHERS FOR TRIAL.

Something effective was actually accom-
plshed in regard to "Sapho" yesterday. and
Wallacks Theatre was closed last night. There
was a placard on the door which said: mo
Performance Tonight. For Particulars See To-
morrows Papers" This Is of ''to-morrow's
papers. and SO some of the particulars follow
1t was said at the theatre that Miss Olga
Nethersoie would appear tonight in The
Second Mrs. Tanqueray"
Miss Nethersole who plays In "Sapho
Hamilton Revelle. the leading man: Marcus
Mayer, manager of the company, and Theodore
Moss. lessee of the theatre were each held in
$500 bail for trial in Special Sessions yesterday
by Magistrate Mott, in the Centre-st. police
court They were charged with producing a
play that offended public decency, the COM
plants being made from the office of the Dis
trict Attorney.
The defendants were paroled in custody of
their counsel A. H. HummeI, until O'Clock
tomorrow, when they will again appear in the
Centre-st. court. and will give ball of $500
cash each.
The hearing In the case was resumed yeeter-
day ir Magistrate Motifs private room. All the
persons interested except Theodore Moss, who
Is sick. were in court when Mr.. Hummel began
his closing argument. He made only a brief
speech, in which he outlined the testimony of
the prosecution and spoke of the evidence in
troduced in rebuttal by the defence. When
Mr.. Gardiner started to sum UP his side of the
case the Magistrate ntimated that he did not
care to hear him. he had looked up the legal
authorities on the matter. Consequently Mr..
Gardiner made only few remarks. Following
the Magistrates decision, Mr.. Gardiner asked
that the case be adjourned, the defendants
being paroled in the custody of their counsel
until they could make the necessary arrange
ments to bail.
District Attorney Gardiner asked If any
date had been set for the trial In Special Ses-
sions, and answered in the negative but said
that the case would go on the calendar at once
and would doubtless be heard at early date.
GARDENERS LETTER TO DEvERY.
Mr.. Gardiner also asked as to the effect
the decision would have the performance, and
If it would stop it. He replied
That Is matter not within the province of my
office. shall at once communicate with the Chief
OF Police and inform him of the decision The
steps the police will take about stopping the per-
formance cannot say.
Mr.. Humme said that Ills clients would prob
ably deposit $500 each in cash with the City
Chamberlain bail
There is not any question about these de-
PENDANTS not appearing" he said, because they
are always ready to present themselves"
District Attorney Gardiner sent the following
letter to Chief of Police Devery Immediately
after the close of the "Sapho" hearing:
l have the honor inform you that upon the
pformaton INF filed BY me on FEBRUARY 81 lsO9 IN IN
Manhattan, TO the effect that the dramatic per
Theatre of f ga2sdf and
St; in this city, is public nuisance, offending
Penal Code His Honor, John q Mott IssistTats
By holding in 500 bali for trial in the Court Of
Special Sessions in and for the First Division Of
manager of said theatre. the manager of said
said performance he
o6edss aeq seqvan actor A sa B
Chief Devery reached Police Headquarters at
$50 p. He conferred first with Inspector
Thompson He then went to President York's
room to confer with him and Commissioners
Sexton and Abel
CHIEF DEVERY'S STATEMENT.
The conference lasted for three-quarters Of
hour. The letter from District Attorney
Gardiner relative to the hearing before Magfs-
trate Mott was before the conferrees. When
Chief Devery came cut of the room he gave
the reporters the following statement
haas As Chief chi Of p9oe wGud ID that the police
Of the wide difference Of opinion existing as to
but now that duly
determines after hearing IL that % such Play play
pubIiic nuisance In that it is an offence against
such play being given IN a public place, where it
is the duty of the police to attend and have know-
edge of what has taken place, ii is therefore the
duty of the police to arrest any rerson guilty of
misdemeanor in their presence and for that reason
1t now becomes the duty of the police to enforce
the process of the law.
Chief Devery said he had instructed Inspector
Thompson to attend the performance last night
with instructions to place every participant
der arrest If the play were given without radical
changes Chief Devery said slight alterations
would not do. and Inspector Thompson was or
dered to allow nothing like trihing.
Chief Devery teephoned TO Mr. Burnham, the
business manager of Waack's Theatre, and to
Marcus Meyer, manager for Miss Nethersole, at
Z o'clock, and suggested that 1t would be better
not to give a performance. Captain Thomas
instructed at The same time to take ten men in
citizens clothes to visit the theatre and make
arrests If effort made to play the piece.
Mr. Hummei Messrs. Burnham and Mayer and
members of the company held a conference in
Miss Nethersoles rooms at the Hoffman House.
After the conference Mr.. Burnham returned to
the theatre. He said that Mr.. Hummel had ad-
vised the announcement that "Sapho" would
not be presented again until the case was set
tied in court. Instead. Miss Nethersole will to-
night play THE Second Mrs. Tanqueray," and
Camille Carmen"
At 7:30 o'clock the notice was posted the
theatre that there would be no performance and
the lights turned out. The employees and
members of the company were instructed by a
placard at the stage entrance to assemble at II
o'clock this morning for instructions.
FAILED FOR SSOO,OOO
Cleveland March (SpecaD.-J. F. sieberling who
was supposed be a millionaire manufacturer of
Akron to-day filed a petition in the voluntary
bankruptcy court of that city. His liabilities are
$500 .0oO and his assets are nothing. few years