The public flocked to see, and stayed to witness, a most complete vindication of Synge’s much discussed satirisation of the Irish character. The actors arrested for appearing in The Playboy of the Western World kept, however, in the background, while counsel on both sides engaged in lively tilts with two members of the clergy and the judge and other witnesses, furnishing the crowd with entertainment.
Eleven of the Irish Players who were held in $500 bail each by Magistrate Carey, at a hearing in his office earlier in the day, threw themselves upon the mercy of the quarter sessions court, to obtain a legal decision as to whether their play violated the McNichol act of 1911, which makes it a misdemeanor to present “lascivious, sacrilegious, obscene or indecent plays.” The hearing before the court was brought about by a habeas corpus proceeding.
Although no decision was handed down after the argument, the attitude of the court was plainly shown, by the line of questions put to various witnesses. The testimony offered by Director of Public Safety Porter, who was called by the commonwealth, indicated that no fault could be found with the play. Judge Carr reserved decision, and adjourned court until Monday.
The defendants were represented by Charles Biddle, William Redheffer, Jr., Howard H. Yocum, and John Quinn, of New York. Directly back of them, in the courtroom, sat Lady Gregory, Mrs. Henry La Barre Jayne, and W. W. Bradford, the latter representing Liebler & Co., managers of the Irish Players.
SURPRISE FOR PROSECUTOR
William A. Gray represented Joseph McGarrity, the liquor dealer, who has taken principal part in the prosecution of the actors. He was aided at times by Assistant District Attorney Fox on behalf of the commonwealth, although the latter’s action in calling Director Porter to give testimony caused Mr. Gray both surprise and embarrassment, inasmuch as Mr. Porter said there was nothing in the piece to offend the most devout and reverent of women. He said he had attended the theatre with his wife and that neither of them was “shocked”; on the contrary, distinctly pleased.
Mr. Gray called Joseph McGarrity to the stand. In all seriousness and sincerity the witness testified that, in his opinion, The Playboy was a wicked piece and that he thought he had a perfect right to show his disapproval by protesting. He was questioned by Judge Carr as to the reason why he did not leave the theatre before he was ejected, if he thought the play was bad. He could give no adequate reply.
Mr. Gray then read passages from the book, declaring that it had been expurgated to make it presentable on the American stage. Frederick O’Donovan, one of the company, who takes the part of the Playboy, testified that productions of the play had been made in Dublin, Belfast, Cork, London, Oxford, Cambridge, Harrowgate, Boston, New York, New Haven, and Providence without causing any public disturbance except in New York, and without any criminal prosecution being brought anywhere.
It was pointed out to the court by Mr. Gray that Pennsylvania is the only State having a statute preventing immoral or sacrilegious plays and that this was of so recent a date that neither side could argue that other plays of a much more objectionable nature than this had been permitted without hindrance.