New-York tribune., 1912-08-11
high links" IN COURT
WHEN EDITOR DEMURS
Iudue O'SuIIivan Holds Express
sion Used by Weller Is
Offensive.
links" OF OTHER DAYS
Demurrer of Defendant That
Phrase Might Refer to Sun
day School Picnic Is
Not Allowed.

High links Is the theme oi Al OpiN-
ION recently handed down by Judge
OsuIivan. in the Court OF General Ses-
sioDs in disauowing a demurrer 20 the
Indictment charging Samuel NJ. Weller
u-tb criminal libel Mr.. Weller who Is
me editor OF the weekly Review pub
ushed by the Shuberts. was indicted just
a YEAR ago to-day on the complaint OF
Abraham l. Erlsnger, the theatrical pro
ducer, who took exception 10 an article
printed in the Review" on June =. 1911.
The Objectionable article was headed
Where the Real Cabaret Show VIII Be
snd was apparently missile in the pat
,ls which the Shuberts were carrying on
against Klsw & Erlanger. Il purported
70 be a criticism OF F7orenz Ziegfeiu
..Folues OF 1911" The last paragraph. on
which the complaint i based is as fol-
lowe.
But the rea cabaret show will not take axe
place on the roof garden al all II VII
6e p,llled of nightly at Lawrence, Long
Island under the joint direction OF ul'i-
Abv ErlanEer and Pa Casey. lheIe u
where the genuine high links VIII De
staged
Jinks and Childish Gsrbols.
Last fall Terence J. McManus, counsel
for Mr.. Weller. appeared before Judge
O'sullivan. in General Sessions and filed
demurrer 10 the indictment In support
Of his contention he quoted from several
! classics 70 show that the term high
links" was entirely innocuous. and was
D customarily used TO describe innocent and
childish Gambols Judge o Sullivan has
announced that the demurrer is diSa.-
lowed, and goes more deeply than did
air McMenus into the genesis and con-
notation OF high jinks." He comes 10
the conclusion that used as high inks
vas in the article complained Of Mr.. ET-
LANCER had some grounds TO feel offended
1T goes without saying" says Judge
O'Sullivan, that one may be represented
IN writing as having INDUCED in the high
links Of a sunday school picnic and suffer
no injury 10 his reputation. But to write
in substance and publish that the COM
plainant al a late hour Of the night. after
e performance at his theatre In the city
proceeded in a manner dangerous 10 pc
destrians and others in the highways to
Lawrence, Long Island where he is domi-
ciled with his family and there pulled
OF nightly 10 invited guests the real
cabaret show-the genuine high Jnks-
with a woman who Is described in the
writing as a graduate Of the purleus Of
various cities Of unregsnerate fame is 70
expose the complainant 10 obloquy. con-
tempt and ridicule and Is therefore libel
lous-'
Judge O'Sunivan in his opinion cites au-
thors who describe high jinks" not Of the
sunday school picnic order.
William Hepworth Dixon" he SAYS,
makes reference to the word Jinks' as
follows. The admiral who had been a
Puritan among the Puritans, became a
registering blade with the returning Cava-
liers He slept a. the Dolphin. lived on
easy terms with the playwriters and paid
his compliments % every pretty hussy on
the stage The Navy Gardens were q
scene for rou1ps and jinks that family
echoed the festivities Of Whitehall
AS Ramsay Understood II.
Allan Ramsay the Scotch poet G7I).
set forth IN verse his indulgence IN the
game of high jinks at a public road
house near Edinburgh. kept by one Maggy
,Johnstoun, whose name has been en-
,bslmsd in the bibulous literature Of that
day.
When In our pouch we found some ciinks
And took turn DER Br1lntshelt links,
lAfrer IN &aRgy's a. hy-jinks.
We z1zzlsd scuts
TIL we could scarce. VI hsle-oUt drinks.
cast OF our ducs.
In q note 10 Ramsay's elegy on Maggy
Johnstoup, by George Chalmers. the game
Of high links Is described as: A drunken
game or new project TO drink and be
rich. In E B. Gents Dictionary OF the
iCanting Crew london, 100 We find the
following definition: High links; plat
al dice who drinks.
Judge OSullivan gives many other eX-
anples OF the derogatory use OF the term
before reaching his concluding paragraph.
IN which he says that he will disallo~
the demurrer.
so Nj Weller will have 10 20 TO trial
after all 20 show whether he meant Sun
day school picnic high jinks, or some
other kind. when his paper printed the
story about Mr. Erlanger.