The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-07-18
UPRoARIOUs MOCKING BIRD.


Steal INCLINATION occAsIosgD TWO La
pns--A PEACE COMPROMISE EFFEcrEp.
FOR the past few days peculiar case Of alleged
nuisance IA the shape Of a mscking bird possibly in
veving Aeaith mnos tho hves Of several persons,
has ecsspaed the attention OF the Board OF Health,
the Justices OF tho Finv-seventh Street Court, tive
eminent lawyers. two distinguished physicians and
number OF ladies' living the vicinity OF rwsntysi
street sed Lex'nston avenue. IL came up for final
saiadieatoa before Judge Dudy yesterday, and most
of the parties dirbcty Interested present long
before the time Tor sxamiaatios. The cemplAinant
Mrs.. H. T. Heury, OF NO. 13I East Twenty
sixtn street, came arss. she attended
by Colossl Hsssssss, OF the Board Of
HEALTH, Inspector Charles Rober,s aud two younger
gentlemen. her iswyss Mr.. X II. chAnn,ng, and her
physc,An. Dr. j. y. wn,ss she vas soon followed by
Nrx ysas Pssssrsv, Of No. l2s East rwsnsy-sixth
street the owssr OF the obnoxious, or, a. It ~ de.
scrusd IN MRS. Hsnrys letter 70 the Board Of health
.saprosnous" moekiag bird
ascaEscHEK yKLLRR."
MRS Henry. who is aporiy looking woman Of about
forty ssemed anxious and ready 70 give her views
ABOUT tnas mocxing bird 10 the Court ~ In
Spouse the question az 70 whether this brd sang or
gave imi,ss,oss, or TO what peculiar noises
decidedly, 81 dont Essw what you would call the
noises, sir; bu, could nud anything musical In
them assure you. lie 10 'scrsscaer,' ysller and
he Keeps up hrs scrceching yeiisg all night He
INSIDE OF wadew directly opposite mine. with sns
OUTSIDE blinds cloecd, sud me noise ne makes every
night goes through nay head nke knife II The bird
cau'l be removed viii have 10 move, That % all."
mourning, being WIDOW she sal vita her counsel,
Mr.. d. Culver. ON ths opposite sde VI the exsminA
zion ROOM aud had nothing 70 say sue wss ev'osnay
nrasful al m lel a
OPENING rae CAM
About Jour O'Clock the CAGE vas nnslly called up,
and ladcs' COUNSEL ana inspectors stl nied int
mo court room Judge Duffy, IN . very serious man.
ne looked over tue eunsie Of letters aud .hdsvits
party. asked, "Is the knocking BIRD ~ courty" He
was Informed II was not, aad snen MRS Henry was
spraug up steps and placed herself Ia decided
way IN position directly facing the Judge. She
~ aa,ox %snnsr She rs,tsr.s.a ssssms"ts
already made a. ". tho position Of the bird
sue hse experienced IRON ~. NOISE Tor me past nonn
'll seems, she said, "ss II u chose the night time
Tor rs sS.sssna ssS ons emo sy SoSIs Ten
l cannot sleep on account of g and nave been sui
iering terribly Ia Consequence"
The Judge wished 10 know II the ladies would moi
come some amcabie arrasecmsut In regard 10 the
mattor.
MT Culver answered his client would have beeu
willing 10 accom- modate Mrs Henry BY removing the
bird II she been treated in conciiiatory manner
Du, that one morning last week she received per.
emptory noto =, i've O'Clock, saving mat the bird
Was moi removed at onco legal proceedings would be
tax en- aea,nsl hsr 70 have Il removed.
Mrs. Henry AddeI, "And tho Response was that she
Inc owner OF the house and she should kcep II
there"
Then counsel for defence produced three letters
from indies living IN The vicinity which tho Judgo
ana ne other Two, from Mrs. A. Bartlett aud Mrs
Duryee, both residisg on tue same block, are very
similar.
Your hooking bird instead Of sesg to is
source pleasure delighted win the Staging
the bird still consider It privilege to listen 70
A'V"'"'1"'''A v - hrs NJ. 4. DURYEE.
No. 12G East Twonty-sixth street.
While tho letters being read Mrs Henry
smiled and looked very incredulous.
Counsel for Mrs Pettgrcw came forward and sAid
that sue did trial and did not wish to
annoy hor neighbors. Tho bird was y pet OF her
husbands aud she had had u for Six years. She did
not WISH 70 strange II. and u seemed 70 him very
queer that wheu other poopic living tho nsghbor-
mood did not complain. 0us rather enjoyed me music
renquish ali her rights just please TINS other lady.
WHO seemed to be OF over sensitive nature.
Counsel for Mrs. Henry then read TIE following
from section liz Of she SANITARY Cods:-
That no person owning occupying having charge Of
stable or o,as, sss sep Or ."r .ssrsos
disturb quiet aud Vt those theren
any human being.
Mr. Culver claimed that tho msekug bird was not a.
"Ahnln e,acuiated the counsel fer nrs Henry, Il
thought you would raIee that point II Your Honor
please win these dc0uitions from Webster and
Worcester will settle that question Nv cbster
says animal Is organized living being, with SEN
saiion of the power OF vouatsry motion. sad also
characezed by taking food into an internal cavI5 or
stomach Tor disoson BY giving caroonic acid 10 the
air taking oxygen IN tho process Of inspiration;
iSrc. WITH TIE proposes % maturity worcester says
40 animal living thing, with UrYanfc material
booy, endowed with the power 81 sensation and vol
rnx HOOKING s,Rp's MISTRESS
Mrs. Pettigrew called She seemed 10 wish To
have the matter settled. In asomewhat psinuvs
way SAID mo bird was pet, and shc wished "a
keep H. al had Il Ia 1hir,e.h street Tor Two years"
she continued, "And nobody complained. I don't
wish to xiii 1t and don't want 10 move out OF my
own house since Mrs. Henry has JON planned have
| shut the window aud almost smoshesed myself and
my bird"
AIRS Henry a. tins Poin. shook her head: ~ hear
vous that cannot eat my meala'
sIs there any Quurro between you, ladies; any III
tie Ill ieelingf' asked the Judge.
ssOh, mol Oh, mol" botn criod simultaneously.
cokPRoxrsh
A similar question asscd W the judge several
times during the examination, and, Always recsvng
response negative, he finally requested them
adjourn other room 10 see u they could not settle
about quarter OF an hour; but soc mlsgIy Il was no
nearer settlement before. Mrs. Pettigrew, how
ever agreed TO remove tho bird to the rear Of toe
house.
The Judge asked Mrs Henry II sne was not satisfied.
'Weli, II 1t rs put whore don't hear u DONE
| care"
n might put IL IN pantry the third noor.n ssi<
Mrs Poltigrew; ''but that will Kill The bird How
ever viii ondeavor 10 place II somewhere that Mra.
| Henry will not be annoyed In future"
the Judge postponed the case inde0nitey asd the
great mockins bird examination over, Mra
| Henry and Mrs. Pcttigrew endeaverIng TO look ~
| pleasant As possible a. the Judge and zach other.
A DRAWN BATTLE.
Tho sixpenny Savings Bank lately came into poo
session Of a house and lot In lin street, Madt
SON avenue. The premises being uuoocupiso Mr..
| Robert b. Elder, Harlem lawyer and counsel iou
the bank, hired Jonn McIan, OF l12.h street, "a
| watch them. A few days ago a tenant was OBJ.