The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-06-08
1S THEATER MEN GIVE BONDS.
METCALFE MATINEE IN WEST
SIDE POLICE COURT.


Charles Burnham VIII Play Scapegoat To.
day While Writs Are Sued Out--"On,y
Oscars" Multiple Roie-Tony Pastor
Stirs Up Magistrate Pools Memories.
Thirteen Of the twenty-five theater man
ayers who were held for conspiracy against
James S. Metcalfe by Magistrate Pool APP
peared before him in the West Side court
Yesterday afternoon to give bonds for their
appearance for trial. 1t Ia the intention Of
the District Attorneys Office to make q
test case against one man.
E1-District Attorney Olcott. OF counsel
for the defendants. when he met Magis-
trate Pool yesterday said: Il want to
apologize to your Honor for the failure Of
these men to come here We terday Since
the District Attorney intends to make a
test case OF one OF these cases thought It
would not be necessary for them all to come
to court, but just the one man. supposed
I was carrying out your ideas in making
such ARRANGEMENTS with the District At
torney'
Magistrate Pool replied with a smile
Il never had any intention Of arresting
you fellows. That was all mistake. This
case must be conducted regularly, how
ever, sd will have to issue a warrant against
one OF your members and have him ar
rested. Then you can go ahead and get
your writs,
Charles Burnham OF Wallack's Theater
is the man selected to play the scapegoat.
He will appear at the West Side court this
morning and be served with warrant.
a. 10 10, u, L.
case will be in the Magistrates private
room, the counsel for the defendants will
get out writs OF habeas corpus and certiorari
and the case will be taken Immediately
to the Supreme Court. No matter which
side wins. the case will probably be carried
to the Appellate Court.
As the managers came into court yes
terday they we're sent to the Magistrate's
room, until the place looked like the annual
convention OF theater managers. When
the bonds were ready the Magistrate went
back to sign them. Oscar Hammerstein's
name appeared on so many bonds that
Magistrate Pool exclaimed: How many
Oscars are there3'
lam the only Oscar, said Hammerstein;
stegptinee t .a1 ard. bona.m,n ., vnot,.
asked the Magistrate.
Il am both bondsman and criminal"
replied Oscar with a smile.
When he came to Antonio Pastors name
the Magistrate asked:
"Are you the Pastor that started Tony
PASTORS Theater?'
Pastor said he was
"well, you have been in the business a
did you start ths theater?'
Fifty years ago. when you were boy
-You ought to remember me, Judge. You
used to come to see me behind the scenes.
"Oh, no." exclaimed Mn gistrate Pool.
Then you missed a good thing said
Mr.. Pastor.
Most OF the bondsmen came from the
ranks OF the managers themselves. Tony
Pastor was bailed by Joseph Schmidt OF
los East Fourteenth street, George krause
Broadway, Oscar Hammerstein Of the Vic
toria by Frank Mckee Of the Savoy.
j. W. Koeenauest Of the Fourteenth Street
Theater by Joseph Gordon, the base
ball man. Of 100 West Eightieth street;
E. A. Braden Of she GaTden Thf eater
man Of tho Empire. Abe Erlan ger Of the
New Amsterdam, Frank Mckee OF the
Savoy and E. D. Stair of the Majestic were
bailed by Oscar Hammerstein. II. B. Harris
Of the Hudson by his father, W. D. Harris
Dickson Of the Third Avenue by John l..
Sprin ger of the Grand Opera House. Al
Lichtenstein Of the Harlem also by William
Harris, j. L. Sprin ger by his wife, Clara A:
Sprin ger. while James Fl. Curtin was bailed
by William F. Hickman Of e35 East Thirty
seventh street. The managers who did not
appear we're Marc Klaw Daniel Frohman.
Joseph Brooks, who is in Europe; Heinrich
Conried, also in Europe; Leo Teller. W, c.
Watson, Percy Williams, w. {. Jordan
and W. F. keogh. Magistrate Pool said
they would also have to furnish bonds as
soon as they could be got to court,
Besides Mr.. Olcott, Terrence McManus
and Herman Aaron are to represent the
defendants Mr.. Olcott said that Mr..
Burnham didn't take readily to the idea
Of bein z arrested and it was only by promis-
ing to stay in jail ss long as he did that he
got Burnham to suffer IN the test case.