New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-02-14
MR.. CONRIED ARRESTED
On Parole IN Test Case-W ON t
Promise Not to Repeat offence.

Heinrich Conried, director OF the Metropolitan
Opera House. was arrested yesterday at JET
ferson Market Court by Inspector Schmittoer-
ger. on charge Of giving rendition or Nerdl
Requiem Mass at the Metropolitan Opera House
last Sunday evening Mr. Conried appeared IN
court in answer TO summons over the tele-
phone. and was arrested after Magistrate Mayo
decided 10 entertain complaint on atfidavit or
Inspector Schmittberger. The arrest is merely
formal as the whole proceeding IS IN the nature
of a test case. and no bail was fixed by the
magistrate Mr.. Conried was paroled IN the
custody of ex-Judge Dittenhoefer. his counsel.
This is the outcome of agitation that has
been going on for some time against the Sunday
night theatre concerts in this city Commission
er Bingham had several conferences with certain
managers, and it was finally decided that the
best solution of the problem was test case
that would leave no doubts in the minds of either
the police or the managers as TO what Is legal
and what is Illegal. The Opera House concerts
have always been considered by the managers to
be the highest type OF Sunday evening oTfer1ng'
No scenery was moved, no drops. not even the
act drop were used. and the singers. stars OF his
Metropolitan Opera Company. did not appear 10
costume.
Last Sunday Inspector schmittberger. in cit
izen's clothes. accompanied by two OF his plain
clothes men, attended the evening concert
The hearing was opened yesterday by the
reading Of Inspector Schmittberger's affidavit
The affidavit set forth that Heinrich Conried, at
the Metropolitan Opera House, on last Sunday
between $3.50 and 10 o'clock. did wrongfully
unlawfuIly, wickedly and with due knowledge
violate sections 259, 265 and 277 of the Penal
Code and Section 14S1 Of the greater New-York
charter" Inspector Schnittberger told what he
saw, and what he considered violations He
admitted no scenery was changed and that the
setting Of hall that he first observed remained
unchanged, and that no act drop was used but
he found violations none the less
The first was that said exhibition was not
the work of necessity or charity. as provided Tor
in Section 263 of the Penal Code but was con-
Quoted for financial profit and gain" Then came
a surprise to some ulanagers-that Sunday night
concerts violated Section 25s Of the Penal CODE
that protected the repose and religious liberty of
the people.
This was followed by rehearsing that the
artists musicians and others did not render
their services and assistance Tor charlty' ou'
did 1t for profit and gain
These points put a new phase 70 the test casa
In other cities Sunday concerts have been al
lowed only under the mantle of charity but
in New-York this restriction has never been
drawn
An adtournment Of the examination was taken
until next Tuesday, at O'CLOCK IN tne
afternoon It is understood. however, that ex-
Juoge Dittenhoefer will waive examination next
Tuesday as the theatrical managers are anxl-
Gus to get the case settled and disposed or
INSPECTOR Schmittberger tried to IND out from
Mr. Conrfed what he would do at the Metro
poIitan Opera HOUSE next Sunday, and whether
or not ha would give another sunday concert
This information Mr. Conrlea reLuse9 20 I'M
promise he would not give performance out
the director refused