Daily Democrat and news. [volume] (Davenport, Iowa) 1859-1864, 1863-01-30

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with misdsueanor In grinding an organ At
tsched TO his show. which music II was alledg.
ed by persons doing business In the sam,
bulldog, was great source Of annoy ance Il
their sensitive organs OF hearing. The cas-,
come up for trial yesterday morning befor,
Justice Wheeler. Defendants moved for
Jury trial. which motion was argued at con.
siderable length. pro and con. and granted b,
the Court. As the care has created consiaera
bic feeling in town We give . portion Of th'
testimony.
J. G. sTIoBoL1, swosN.-know the dsfsn.
dsnt; his organ has been grinding for tn,
past Two weeks and it IL impossible To do any
business In the building In which /. is located
II grinds without intermission from about nine
o'clock IN tho morning until late as night
the organ Ia in the room directly under my
office the building is occupied by . large
number OF persons !; tho compositors iu my
office cannot work II kesps them at work
much later At night do not think that Tin
shop located IN the same Place would inter-
| rupt me, like TO hear good organ this
| ne 10 out OF tune: donl like to hear an organ
played all day;
FaED IoIMkR. swoas.-Am foreman Ia Der
Demokrdt office Mr.. Wills,t's has = show In
the same room under our office the grinding
u the organ 10 YER, annoying to men engaged
In mental labor IL might not annoy . psrson
engaged in saving wood competitors oannni
comIose proi srly when the organ is grinding
CGoss Ex "A man whistIing In . compost
tors room annoys the men aud Tetaids their
work. . band 4 music would annoy us /; 1t 10
simply that II Is an unusual noise that We
complain any music would annoy us the
variety 10 not remarkable; the organ plays
shout fivs different tunes a hand Of music
moving along the streets anneys us 90 would
fight never had the pleasure II wor king
o. or = lin shop Il would be sino., imrossi-
sible TO work the organ would play for .
couple ot ~e~ks longer ~s would not mind
II and ihuk that ~ should be annoyed 10
nave leave. as We should miss 1t very much,
think the organ IL out Of tune.
{ BAlMnAur swus> Am q compositor in
Der Utmocfat office the organ Aunoys me
~hsn at work can hear the orgsn = block
from whers II Is located sometimes the mo-
sic Is agfeeshl. at ,ometinses not il IL ria,s
a polka ar waltz Il mxk.@ mo set that w.,
| mean IL mak@s me set ei0 ,ked don't knOw |
how much II d,sinrbs other tenants In the |
building have heard several complain.
Cnoss Fx-Any kind oi music would an
10. me when the or. an playa fast tune IL |
makes ms Get fast and wheh IL goes slow
set Up tie type Glow the smonnt Of type |
set up IN day depends upon how feel
couldn't stand lin chop coul,i'ut set tyte
over such an establishment /: talking dietuih. |
me the loud talking In tie Justices otiise e
10 " snnoye me
Gao. T. HuBBELL swoRs -fIave trisi sy
ersi cases in Justice Peters flee and when
tk o Ha al I.A
when arguing euec II is no Annoyance as / I
can make more noise than The organ. could do I
nusiness IN the bu lding and 10 the course oi
lime woold not be disturbed
Cross Ex Any unusual noise would die
IUrb me when try ing . case q tin shop would
he ~osse then hand organ | should not
,umplain Of the poiss II vas In the building
II. X. CLAussxs, SWORN Am . lawyer, do
business In shepherds block have heard an
,rgan PLAYING 10 the buiIeing for the past two
Sssks; IL ssquits annoying II doss not in
errupt my BURMESE; II the organ wss 10 tune
would annoy any one II 1t played day after
lay.
b PsrErs. svoss.-Am = Justice of the
'ssce office In Shepherds Block the defend.
nj has an organ in the room und.r my Office
Which plays from morning .n'ii night 1t die.
urbs ms in my business snooys and disturbs
bg.
Cnoss Ex.-The organ does not in,errupt
De in transaciing my business cannot read
ow no kind Of music would be agreeable TO
ne J . concert In the room below would dis
urb me have lived In large city the
tise OF rafting Wagons dh hturbed me for n
ime when H., ct went to the city to live o
and organ is particularly disagreesbo TO me
n. kuusES, sworn Am u tobaccobist, do.
ng business. corner Min and Second streets
ONE very dissgreeabls tunes are ground out
I a hand organ in . room near nv store IL
oes pot disturb my business tut is dissgrssa.
le to me It appears TO me that the organ il
rinding oil the time.
Cross tx Am lot fond Ct music on hand
rgan think organ music the loves, Of spy
'usic brass band would annoy me II it
rae kept up all day. tin shop would annoy
,e to some extent II 10 principally because
lie bad mnsic that l am disturbed q mu.
@ store where instruments are played would
. doubt annoy me-; my objection to the
lusic 10 its sameness.
Prosecul ion rested.
Defendants introduced . license from the
ity fora period Of one month and also q IL
.nss from the United states for one year. Riv,
x Mr.. Willetts permission for the period
lerein set out.
wN. Porr swoRS.-resids and do business
Ext door TO Willstts show !; the music on the
gan is no annoyance TO me-
uRoss TX keep a saloon Mr.. Willetts
,ronize me sometimes.
Mn JOHNSON, SWORN do business next
or to Wiilstl's chow. the music lie no annoy
cs to me
o. NJ BAsr. swoRN Am attached to Viii
us show II cOnsisls Of animals. snakes
mature steamboat. sword sws lowing. an
alan organ. etc the gan 10 curiosity to
any have travel ed vi b Mr. Wilstts ,f
on for TOO y.srs:
PxrER KEsgrg. sworn DO busi e,s oppo.
10 iiletss inuss,D hear the u.usic; IL 10
annoyance to me.
Jons L sorris. SWORN. DO business cppo-
10 WiIIett's museum am snHsgsd 10 met
! work altogether the music Of the hand 4
gan does not annoy me 1t 10 rather pleas
i than other vise
Ma. HoS.MAS ewoRs.-Am engaged In the