The Savannah morning news., 1901-06-22
PUZZLED THE COURT
ROYAL MUSIC HALL CASE UNDE-
CIDED.
WITNESSES ARE DIVIDED.
PATROLMAN AND ATTORNEY HAD
SEVERAL Tits.

Against r. A. Massart-Omcer Jer-
niEan Positive in His Statements
and Conducted the Cross-examina-
tIOn-RecOrder Myrick Threatened
to Arrest Spectators for Contempt.
Several Well Known Men-AbOut-
Town Testified for Music Hall
Man, But the Recorder Announced
That He Would Reserve His De-
cision-MaSsarf Insisted That He
Maintains an Orderly Place-He
Claims That the Case Is One OF
Persecution and May Docket Jer-
nigan.
An hour was spent by Recorder Ny
rick in Police Court yesterday morning
in an effort to decide whether E. A. Mas
sart is guilty of maintaining a disorderly
house, in the variety theater known as
the Royal Music Hall. A score OF wit
nesses, of all sorts, testified, for and
against the place, and at the conclusion
of the case the court announced that he
would reserve his decision.
Several we'll known men. who sometimes
steal away from home for an hour of
light amusement appeared for Massart
and said that in their opinion the con-
cert hall is an orderly place. There were
others who do not consider it an exem-
plary place, and so stated to the court.
Patrolman Jernigan was the most posi-
tive witness and really conducted the
cross-exa mination of the witnesses.
The policeman and Mr. r. L. Colding
had several tits and at times the hear
ing become exciting. The spectators, too,
were noisy and officers had to be sta
toned around the court room to keep or
der, and the Recorder threatened to rule
some of the crowd for contempt. They
appeared to think the hearing a circus.
Mr. w. N. Clark appeared for the pros
ecution. He stated afterwards that he
had been employed by Upton Robertson,
the young man who claims to have lost
$40 in the music han. The attorney said
after court adjourned that his client had
instructed him to enter suit against the
proprietor of the place for the recovery
of the money alleged to have been stolen.
The attorney made an effort to show that
Massart had been once indicted for main
tanning a gambling house but this testi-
mony was ruled out by the Recorder.
Patrolman Jernigan said that the dis
order charged was caused by the way
in which some of the female performers
went about the place. They made them
selves conspicuous in what would at
least be called neglgee costume. The Of
ficer denied emphatically that he had any
animosity towards MasSart and said that
his action in the case was prompted by
his oath. He charged that his attention
was called to the music hall and that in
H. -
him, he was laying for Massart.' The
patrolman insisted that the concert hall
is a disorderly house, and stated that he
could have produced more witnesses in
court had he so desired.
Proprietor Massart thinks that he has
been done injustice and contends
that his place is as orderly as any con-
cert ball He is particularly sore against
Jefnigan and may enter charges against
the officer with the Mayor The music
han man says that the statements of
the patrolman have hurt his business,
and that too, they are untrue.
Robertson, who it is alleged was the
prosecutor in the case, was not sworn
as a witness. This Massart claims can
only be accounted for by his statement
on a former hearing that while he had
been in the place repeatedly. he had seen
no disorderly conduct.
Policeman Jernigan," Massart said, lis
the real prosecutor in the case. He is
the man who docketed the charge against
me. Reference to the sergeant's sheets
upon which the cases are docketed, will
show that his name. and his only, was
first entered upon the sheet as a wit
ness"
Policeman Jernigan testified that while
he had been walking this beat for
months, he had never seen any disor-
derby conduct in the place that would
warrant him in making an arrest, and
that he had never made an arrest from
the Royal Music Hall.
Policeman Russell the other policeman
who walks that beat, stated that he had
upon one OCCASION had his attention call
ed to a woman in a window with a low
necked dress on, at time when a parade
was passing on the street. He reported
the matter 20 Massart. who said he dis
charged the offending performer.
81 was told" said Massart, this was
unnecessary. as they were satisfied that
the occurrence would not be repeated
and / then allowed her to complete her
engagement"
The three detectives testified that there
was no disorderly conduct in and around
the music hall, and while they had beer
sent there to watch the performances
they had never found them such as t
call for police interference.
while 1t is true" said Massart "that
boys do congregate in front of my place
at times. they will do that anywhere wher,
there is band All the officers will ties
tify TO my having requested them I,
keep the boys away. i have even gon,
to the extent of having them srreste,
when they failed TO move on. The char
acter of the performances l give in m,
house is just such as is given in any con
cert hall throughout the country. Tn
only difference between my house an,
the theater. is that drinks are sold Il
my house; and for this privilege pay tn
city of Savannah 800 a year. $500 for
concert hall and $500 for keeping a bar
room. had plenty of evidence that tn
costumes as worn by my actresses wer
in accord with those worn on the the
atrical stage in the best theaters In tn
country, places where men take thei
wives, mothers and sisters"
Mr.. Jernigan stated In open court,
said Massart, that he had been layinj
for me-. and his whole conduct show
that this statement al least was th
truth. While an attorney had been hire,
to prosecute the case, Mr.. Jernigan re
NAMED I'm court as associate counsel an,
freely conducted the cross-examinatto,
OF the witnesses. Mr.. Jernigan's who'll
manner shows that while he has beoi
laying for me-, II Is now his desire Il
Try to fasten me- / had some of Sa
Vannah's incest gentlemen In court TO ties
q a HEaHa 80.