The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-04-01
GETS SUMMONS FOR HOPPER
HANMERSTEIN SAYS REPORT on
HIS THEATRE LIBELS BIN.

jerome NsNt-H Lew Fields a. special
Prosecutor should Hale Him Before
Bs Own Grand JuFyi-LaheynlS
Hears OF q Peace Git In Preparation
Mayor McclslIan replied yesterday 10
the letter In which Oscar Hammerstein
complained Of the -bnitally hppant man
ner" Of District Attorney Jerome and de-
manded an immediate investigation Of the
Lew Fields's Theatre affair The Mayor
wrote.
Your letter Of the SOth inst. was evidently
written under misapprehension. The
District Attorney II local State officer
not accountable 10 the Mayor.
The Superintendent Of Buildings Is an
sppointee Of the Borough President, and
any complaint against him should be made to
the Borough President, to whom / have
referred your communication
Too late Ere the Mayor had signed his
name the Hammerstein had started on
fresh trail. He would not wait to sce Pres
ident Ahearn, he could not wait until he
had had that bonfire on the stage Supt
Hopper had said, by way OF the report Of
his department, that the Fields Theatre
violated the law in twenty-five ways.
Malicious, monstrous libel cried Oscar
He repeated these carefully chosen words
N Magistrate Moss at the West Side court
as soon as he and his hat could get there.
To prove that you must have Mr. Hopper
in court" said the Magistrate,
Exactly my purpose, said the manager.
Where did Mr.. Hopper utter the state
nent which you allege 10 he hhelousI'
asked the Magistrate.
In his Office, IN East Eighteenth street
replied Mr.. Hammerstein.
out Of my jurisdiction. explained
Magistrate Moss See Magistrate Whit
man Of the Tombs court
Sire light as the subway flee went the
Hsmmentein to the Tombs. there to de-
mand a summons and complaint for the
said Hopper in an action for criminal libel.
He explained to Magistrate Whitman that
Hopper had outraged him and he was
going TO see whether the law afforded him
any protection.
They are having a spasm Of virtue and
are trying to make a scapegoat Of some
body he added. jerome has scared
these fellows into this"
Il will give you the SUMMONS said
Magistrate Whitman, "who VIII serve it?'
L will, and gladly. cried Oscar. thus add
which already included inventor, cigar
maker, manager playwright theatre
builder and master letter writer II was
not TO save the expense Of the % cents
and 10 cents mile that the versatile man
did this hut merely IN the knowledge that
he could do the work better than any one
else. He whisked himself uptown and soon
was in the presence Of the foe. Masking
his emotion he leid the paper on Supt
HoPper's desk.
What am ! 70 do with this?" inquired
Mr.. Hopper. innocently.
Read. and you will know said Oscar.
disappearin as deftly as he had come
He appeared, however, 10 the reporters.
When this comes up in court the IN
feeling on the part Of Jerome will be seen.
he said After Hopper Jerome in the same
way. ! will bn nv own lawyer in this case "
The summons and complaint are return ,
able on Monday before Ma gistrate Whit .
man II the Magistrate decides that the
complaint j. warranted he will send the .
case 10 the Grand jury. Criminal libel |
is a misdemeanor. but it goes 10 the Grand |
jury because is must be considered nv a I
jury, and 70 thi' end there must he an
indictment.
After Hopper, jerome, Those were the :
words that threw the District Attorneys .
Office into confusion. Suppose Mr. Ham ,
merstein should hale Mr.. Jerome before a .
Magistrate and Mr.. Jerome he held for the 4
Grand Jury what then? Surely the Dis /
trlct Attorney cannot present his own case !
n The Grand jury. nor could his assistants. |
The trainers Of the State Constitution |
seemed TO have reckoned without Oscar /
Hanmerstein. They have provided for .
the arrest Of = wayward Sheriff by the I
Coroner, bur Tho is 20 tell a Grand jury ,
about A "hrutally fippant' District At I
toTney' Along Broadway last night il /
't7s being said that in case Mr. Jerome /
should he held Lew Fields would be desig- /
mated a. special Deputy District Attorney !
10 make the case plain 10 the Grand Jury.
SuFt Hopper. though he smiled over the .
summon SAID he would be in court, Of .
course. He added
NJ. HamUerstein did something be- |
side~ making certain improvements sug-
fa3ed m the origina plan. That is a mat |
ter ~ department record
Mayor Mcclellan had this 10 say about .
the tiaids Theatre
III the building laws have been violated .
i seems TO me that the Superint endent Of .
Buildings should have power TO close the .
theatre II not the Board Of Health the
lire or Police department could close il
II II ls r menace TO life. | shall consult the
Corporation Counsel and call on the various
depart ments mentioned for reports. / shall
not issue any order TO close the theatre
until have talked with Mr.. Delany-
LAKEvILLE Conn, March 3i.--District
Attorney Jerome, who is here for the week
end. could not be seen regarding the latest
move Of Mr.. Hammerstein. II Is reported
that he is spending most Of his time in the
machine shop, fashioning a gift with which
he hopes To appease Oscar This rllmor
block, with remarkable acoustic proper
ties