The evening world., 1909-02-05
HAMMERSTE|N
RAPED BY COURT;
REPORTERS HELD
They Did Right to Resent In
suits in Managers Letter,
Magistrate Says.
CALLS 1T SCURRlLOUS,
Puts Defendants Under $500
Bail Because They Ad-
mitted the Assault.
CALLS 1T SCURRILOUS.

For smashing Oscar Hammerstein' g
face and high hat at the door of the
Hotel kn!ckerbocker that other Sunday
night, tho two reporters for the New
York Press, Fred W. Hall and James ].
Doyle have been held for Special Ses-
s!ons In bonds Of $500 each on the
charge OF assault.
In holding the two newspaper men to-.
day Magistrate Battery Dan" Finn.
sitting in the Essex Market Court.
blasted Hammerstein for writing to
their city editor the letter which led
TO the now notable fist fight. But since
Hall and Doyle admitted striking Ham
merstein. when the evidence was heard
at the Essex Market Court two days
. ago, the Magistrate was forced to bind
them over FOR trial.
Neither Hammersten nor either OF his
sons, VIII and Arthur Hammerstein,
who are associated with him In his
vaudeville and grand opera enterprises.
was present TO hear the Magistrates
findings. Their side was represented by
two OF Hammerste!ns impressive array
OF counsel, Morris Mayer and Benjamin
Spillman. Of Dolphin NJ Delmas's Of
fice Hall and Doyle were on hand
promptly with their attorney, Charles
II. Beattle
Calls Letter ScurrIoua
After he had given light sentences
and fatherly lectures to two Bowery
derelicts who fought each other las,
night in front OF the famous Dry Dock
Hotel, Magistrate Finn took up the
Issue OF the Battle OF the High Hat.
Gentlemen" said Battery Dam" IT
have given this matter consideration for
TWO days, after full and lengthy
hearing, and | have tried to be fair and
impartial. These two young gentlemen
went to Hammerstein to insist on an
apology for his remarks about them.
II he had made an apology I doubt II
any blows would have been struck. And
right here I'll add that IL there Is any
man OF decent breeding who had been
mentioned as they were In that Sour
rllous letter which Hammerstein wrote
TO their city editor and that man had
not resented the insult he would have
no manhood In him
Admit the Assault.
There are quite lot OF people who
have the idea that they can insult PEG.
pie with impunity. and believe the
only reason they assign for exerclsinr
that prercgative Is the fact OF their
opulence, their wealth. their power,
what they can do with their money,
what use they can make Of It for good
or for evil. l am not in favor OF any.
thing Ike that. ,~ do I believe the
people of this city will countenance II.
THE testimony clearly showed that
Doyle and Hall went to the knicker.
booked Hotel on the night OF the assault
because they knew that Mr.. Hammer.
stein would be dining there. On the
part OF the defendants It was In owl.
dence that they went there rather TO
obtain an apology from Mr. Hammer
stein for the letter and not with hostile
intent, but II Is admit ID that Doyle and
Hall did strike Hammersteln with the
nat Of their hands.
Il hold the two defendants In bonds
Of 5000 each for Special Sessions on
the charge Of ASSAULT"
Prison Term Possible.
Sending the cause TO Special Sessions
means that Hall and Doyle could be |
tried only for assault In the third de. |
gree, which Is a misdemeanor that ls
usually punished by fine OF SIS, except |
In very aggravated Instances, when
the justices have been known TO give |
the maximum-one year In the penlten-
tlary or fine OF $500, or both. Had they |
been held for General Sessions their
situation would have been very much |
more serious. for the Grand Jury could
have indicted them for assault In either
the first or second degree. both felonies
punishable by maximum sentences OF
ten years and Ave years In States pris.
on respectively. In his complaint Ham. !
merstein alleged assault in the second
degree.
Bond for the two reporters was fur.
nished by Harry F. Doyle. a commits.
sion merchant at ty.seventh street
and Third avenue. Mr.. Doyle Is not |
related to reporter Doyle.
After ball had been given and after |
the Magistrate had expressed his pri-
waite Views OF the case In rather strong |
language, he said;
III there hadn't been so many big |
lawyers coming into this case | could |
have settled II In five minutes"