Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-04-25
AMERICAN MUSIC
HALL RAID WAS
MEANT As TEST
This Is Brought Out at Trial OF
Manager Ge0r""e A.
MCDermitt.

That the raid made on the American
Music Hall on Sunday afternoon, March
6, 1910, by direction of Sheriff William
Harrigan, was for the purpose of max
ing a test of the power of the sheriff to
enforce the Sunday closing of theatres,
was the statement made by First AS,
sistant Prosecutor Frederick r.. Lehl-
bach in opening the case charging
George A. McDermit with keeping Il
disorderly house on that date.
vt that time McDermit was connected
with the theatre as manager or press
agent; just which has never been made
clear, and when about twenty con-
stables, in charge of Under-Sheriff
Charles Reilly, swooped down on the
house he, with William Waldron, a
ticket taker. and about two dozen per-
formers were arrested. Later McDermit
and Waldron were indicted by the
grand jury on a charge of keeping a
disorderly house, while the charges
against the actors and actresses were
dismissed.
Trial often Postponed.
The case has been awaiting trial ever
since, having been postponed about a
dozen different lines In opening the
case this morning Prosecutor Lehlbach
said:
while technically the charge in this
Indictment is Keeping a disorderly
house. as a matter of fact it is not
such in the sense that it is generally
used. Yhe defendant in this case was
manager of a theatre giving perform
ances on Sunday, and such perform
ances are against the laws as laid down
by the Legislature of this State.
THE case is important for this reason
in that 1t is a test case to show
whether the sheriff of Essex county
has the power to enforce the law, and
whether when theatres open in viola
ton of the law on Sunday they can be
compelled to close on his orders On
the part of the defendant in this case
there is no moral t%urpitude involved.
The case is to settle whether the sheriff
can enforce the law or not
Under-Sheriff Charles Reilly was the
first witness called. He described the
.aid and said it was made after notice
had been served on the American
Music Hall that no performances would
be permitted on Sundays.
Constable served Notice.
Charles Hummell, a constable at
tached to the sheriff's office, told OF
serving the notice to the theatre on
Friday, March 4, the Sunday preceding
the taid. He swore that he handed the
notice to George A. McDermit, who told
him that he represented the manage
ment of the theatre.
Early in the hearing Judge Davis lei
it be known that he did not intend tc
allow outside issues to be interjected
into the trial. Frank NJ. McDermit
who represents George A. McDermit
asked Under-Sheriff Reilly what he has
seen at the theatre on the Sunday Of
the raid.
Reilly said that among other things
he had witnessed an act in which bi
cycles were used.
isn't it a fact" asked McDermott
that bicycle racing takes place a
Electric Park and other places in New.
ark almost every Sunday"
Before Reilly had a chance to answe'
Judge Davis cut in and told him not t
answer. at the same time telling Nc
Dermit that only the case of tn
American Music Hall was on trial, an
that no other matt ers could be brough
'~+~ the case.