New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-08-08
QUESTION OF MUSICAL TASTE.

THE MERITS OF BANJO-PLAYING WITH RUNNING AC-
Observation-Disclosures VIEWS IN BOARD
ING-HOUSE AND SALOON.
Judge DonOhue intimated yesterday, through
decision IN somewhat singular case, that he had an
for well mind for law About O'Clock,
Mr. Baekman OF the firm OF DOOlittle Backman, went
into court and told the Judge that he represented Mrs.
Abigail Sadler a boarding house keeper on Twenty
fourth-st. SXth-aye Mrs. Sadlers complaint is
plantiye and peculiar one negro banjo-payer Of
considerable repue has for long time been employed
IN John II. Caseys saloon on the Twenty
fourtst and with several other cOOred musicians have
nightly dScOursed OF music, aud brought many
extra dime quarter into the hands of the prOpre
TOR at the same time. Mrs Sadler has boarders,
and It would appear from their afiidavits, as
well her own, that even tho strains of
"HOme Sweet Home" at midnight become after fire.
quent repetition positively dlstaseful, and al last Mrs
6ader aud her boarders have carried their dislike far
TO bring their troubles into the courts by asking for
an Injunction pendeate lite
Her h" OveroOks the OF the saloon, aud she is
not GA. ,rcd Of hearing Jim Crack Corn" and SINH
lar airs with medley OF violent applause, shouting
rheerng. whlstling, and cries OF lager" but she
declares by making her application under the 219tb
on Of the Code lst sub division, that the sounds
nuisance injurious to the health Of herself and boarders
through keeping them awake at igIt, and material
part Of the nuisance consists in the fact that it made
twenty out OF her boarders leave her. aud the
gave notice that they should quit the thing
stopped In short she insists that the playing OF in
strumeuts shall be prohibited well as the cursing
shouting, cheering, singing, stamping OF the feet, and
beating upon the tables. all OF which go 10 make up
disoidefy house with its immoral influence. The
Of the section Of the Code relative 10 this matter
that where person is doing certain act the continu
OF which deemed TO be injury the health
life and property OF another, ne apply for in
junction restraining the continuance OF those
which the court may grant If satisfied that relief is
needed. Mr.. Backman IN his argument quoted many
authorities 10 show that this properly under tine
head OF nuisance, citing instances where band of
music had been restrained where the hammer had been
saken Of the bacssmiths hands in the case xby
sgt Gill, the ringing OF a church bell, a..
On the other side John C. Gray appeared He laughed
at the idea OF preventing Mr. Casey from pleasing
patrons well as himself and also the claim that
such music as this colOred banjo player produces
Junction with the accOmpaniIuents-which the
DOarders hear of t6dn the muslc-should
cause unhealthy and growing wsketuness. On the
contrary Mt Gray backed up bis argument with aida
yIts by nelghDOrs. by the ward detective, who
appears 10 have mad keen appreciation OF the lively
sights and sounds within his BALL wick. and by many
freQueDters OF the saOOnal showing that the music
remarkable for IT'S excellence and the pleasure 1t
1ers. III fact the atidavits tins side outnnmber
those of Mrs. Sadler and friends Il to 5. Mr.. Gray
called out the Of several welknOwn men who,
he said fTeQuehed the saloon Among them are, first
&c Importance. no less a critic thah Dan" Bryant !;
also DOmlnck Murray and r.. A. SJthern. the actors,
l.. :. Gilmore, MI Moenhauer and others.
The rule relied on 10y Mr.. Gray that where equi-
ties deuied, the should interfere with great
reluctance. the allie ed facts the complaint
deultG on the part OF the defense Judge DonOhue de
nled The motion for an injunction on the spot.