The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-10-07
PULL CONCERT
GIVEN FOR
CHARITY
Jersey City Police Stops
Sunday Evening Show at
Keith and PrOctOr'S.
Especial to the Evening star.l

JERSEY CITY, Oct. Judge Franz
| ]. Higgins. in the First Criminal Court
today fined Fred Metzger. treasurer
| and William F. Walsh. manager of the
| K~eith-Proctor theatre. 81 each for vio-
lating the vice and immortality act in
attempting to run a sacred concert
last night. The concert was advertised
for the benefit of st. Joseoh's Orphan
Asylum and Home for Children in
York street-that is, a fourth of the
home, under an agreement made with
Mother Theresa, the head of the insti-
tuition.
Mother Theresa repudiated the agree
ment when told by Chief of Police
Monahan that the concert was a vio-
lation of the law. The theatre was
opened last night and about five hun
dred tickets were sold and those who
held them were seated.
The show was about to open when
Detective Sergeants Prescott and Max
well, Acting Detectives Blackshaw and
Mellen and Chief of Police Frank Mon
ahan, who had beer watching the pre-
ceedings, arrested the treasurer and
manager and announced to the crowd
that there would be no show. Treas
urer Metzger was permitted to remain
at the box office long enough TO re-
fund the money to the audience.
In the First Criminal Court this
morning Walsh and Metzger were rep
resented by Warren Dixon. The police
presented their case, and then Man
ager Walsh was called by Dixon. He
said that he ran a sacred concert for
the benefit of the German Hospital
Association a week ago Sunday, and
that Chief of Police Monahan per-
him to do so because it was for
charity. He said that the concert of
last night was also for charity. and
that he had made an arrangement by
which st. JosepRs Home would be the
beneficiary.
Mr.. Walsh said the home was to get
one-quarter of the gross receipts, but
Judge Higgins called his attention to
the fact that in a letter from Walsh
Mother Theresa, which he had be-
fore him, it stated that the charity
to receive a quarter of the net
earnings.
Lawyer Dixon commended that the vice
and immortality act especially excerpts
from it's operations wosNs of charity
and he asserted that inas1nuch as a
charitable institution. dependent upon
the subscriptions of the public for sup
port, was to benefit by the concer- it
became a work of charity. Judge Hig-
gins asked If tile manag cement of tho
theatre did rot derive financial benefit
the performance and was told
that it would. Mr.. Dixon said that
that made no difference SO long as a
charity benefited.
''If 1 give,f five dollars Of my income to
a charity" asked Dixon, lis it to be
as other than a charitable
because I do not give all / maker
''If a man stole S." said Judge Hig-
institution, would that legalize the
''That is a different case" said Dixon.
Stealing is a violation of the crimes
ITO conduct business on Sunday is
also a violation of the law" said Judge
Higgins.
There was a lengthy argument on this
point and then Judge Higgins imposed
the fine of 81 on each of the defend
The fines were paid to Clerk Fitzger-
aid. Mr.. Dixon will appeal at once.
He says he wants a thorough test Of
the vice and immortality act made.