Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-01-31
Judge Kimball's View of Evidence in
De Leon Trial.
THE CHARGE MADE AGAINST ADANCER
Hearing Continued at Request ct
Defendants Counsel
FOR URTHER GUMENT

Mile. De Leon, who is known on the stage
as 1.-The Girl in Blue" and who was arr
rested last night by Sergeant Hodges and
Officers Yohe, Emmert and Stahl on the
| charge of disorderly conduct growing out
of her appearance on the stage in the Bijou
Theater, was today arraigned in the Police
Court. After being taken to the first pre-
cinct station the young woman deposited
$40, upon which she was released, for her
appearance in court today.
After considering the evidence and hear
ing arguments the court declared that, in
his opinion. the government had made out
a clear case but upon request OF the at
torney for the defense for opportunity to
submit additional argument the matter
went over until tomorrow morning.
Through her counsel Mr.. Campbell Car
rington, she pleaded not guilty. Before the
government, through Prosecutor Pugh, had
an opportunity to offer any testimony IN
the matter Mr.. Darlington demurred TO the
information against his client. He said
there was no dispute as to the truth OF the
assertion that the accused had not spoken
a word either in the theater or outside,
and therefore she could not, according 20
the statute, be guilty Of disorderly con-
duct.
Judge Kmball asked Mr.. Darlington If.
supposng he the attorney for the defense,
Prosecutor Pugh and other gentlemen were
standing on a street corner and some one
should approach them and make obscene
gestures. would not the party be guilty OF
disorderly conduct? Mr.. Darlington re-
piled that, from his viewpoint, no offense
would have been committed, and further
stated to the court:
Miss De Leon has danced this same
dance for several years in all the cities OF
the Union without molestation; that she
is a good woman and not only supports her
self but her mother fifty-siX years of age
and her sister, eleven years of age.
Mr. Pugh inquired what was the necessity
of arguing the subject at this time, and
suggested that 1t would be better to go
ahead and hear the testimony as to the ac-
cusation that the defendant did January
80 1901, dance In and around the Bijou
Theater a public building, in the District
of Columbia and did then and there make
obscene gestures and did engage In dis
orderly conduct contrary to ana an, IN viola
ton of the public peace and the protection
of property in the District of Columbia"
Testimony of Police Officers.
Mr. Darlington agreed to the suggestion,
and Sergeant Hodges took the stand. He
described the action OF the defendant on
the stage, which caused many persons in
the audience to smile.
The manifestation attracted the attention
of Judge kimball, who remarked that there
seemed to be great many persons in court
who had been drawn there from curiosity
to hear the evidence in the pending case.
He ordered the court room to be cleared of
all but witnesses and lawyers. After this
order had been executed there We're still
many in the room, and Judge kimball, re-
Stunning his remarks, said If any persons had
remained under the false pretense of being
witnesses they rendered themselves liable
to punishment for contempt
Sergeant Hodges then resumed his mar
rative. He was briefly cross-examined by
Mr.. Darlington, but his testimony was not
changed
Acting Lieutenant Jordan was the next
witness. Before giving his evidence he in
formed Mr. Carrington very politely, of
course, that If the latter would not inter-
rupt him he would tell what he knew. The
attorney answered that he would not think
of interrupting him. Lieut.. Jordan then
gave his testimony, which corrobora-
tive of what Sergeant Hodges had said.
referring to what the witness had said
relative to the manner in which the ac-
cused moved in the dance, Mr.. Darlington
asked him If he did not know that the form
of dancing INDUCED in by Miss De Leon
was the highest form of the terpschorean
exercise. and was originated by the an
clients, and that there was authority for 1t
in the Bible. Judge kimball at this point
inquired If Mr.. Darlington had alleged that
such dancing as 1t had been alleged the
prisoner had INDUCED in was authorized in
the Bible Il know something of the Bible
myself he continued, land ] assert that
there Is no mention of such dancing ANY,
where in that book
Mr.: Darlington rejoined by asking If
dancing was not mentioned in the Bible"
''lnquestlonably, was the courts reply.
Officer Stahl who had been summoned as
a witness for the government, was about to
take the stand when Mr. Pugh remarked
that he considered he had fully proved his
case and would not offer any further evil
dence.
The Arguments.
The attorney for the defense argued that
the law under which the accusation had
been brought did not apply to the case.
and asked what evidence had been offered
by the prosecution to prove that the ac-
cused had been disorderly in any manner
He reviewed the evidence on the part OF
the government and said that even If his
client had made the gestures stated, she
had not violated any existing law.
Mr.. Carrlngton read copy of Sergeant
Hodges evidence to the court and asked
Judge Kimball If that made out a charge
of disorderly conduct? To this Judge kim
ball did not reply. 80
There are two sides to this question"
Mr.. Darlington went to say. 1--WE do
not want to lend ourselves to the promotion
Of anything immoral, nor do we want to in
terfere with legitimate plays.
The police officers he claimed were
sent to the place possibly to make case,
and 1t had been the experience of many
that when they were looking for something
they. generally found 1T. 1t was impossi-
orderly conduct out of that pending
Demurrer OverruIed.
Mr.. Darlington read from Websters die
tionary the different meanings OF the word
disorderly, one of which was credited to a
chapter in First Thessalonans.
Il read that chapter last night" Mr. Car
rington went on to say. And after a little
more argument by counsel Judge Kimball
overruled Mr.. Carrington's demurrer.
Miss De Leon was then called to the
stand. She said she had been doing the
same dance that of last night for near
ly two years and performed it in New
York. Brooklyn, Jersey City and many
other cities. Often there were many ladies'
present. She is, she said, between twenty
two and twenty-three years old. and is the
sole support of her mother and a sister,
the latter aged eleven years. She termed
the performance muscle dance, and
said she paid sos to learn 1t.
Mr.. Pugh suggested that the best way
to settle the question as to the propriety of
the dance would be to have the lady per-
form in the presence of the court.
do you want to dance without getting
paid for it?" Mr.. Darlington asked
The prosecuting attorney replied that Miss
De Leon might make the performance a
private one, she had testified she had
done on other occasions
Miss De Leon was recalled to testify as
to what she wore last night during the
play, which she did. This closed the hear
| ing of witnesses on both sides.
Mr.. Pugh said 1t was understood that the
| ,los.~ i