The New York herald., 1879-09-04
TOO YOUNG TO PLAY.

THE AUsTRo-HUN0ARIAN CADETS IN COURT
COMPLAINT OF THE SOCIETY FOR THE PREvEN-
TIoN OF CRUELTY TO CHILDREN.
For some time the denizens of the cast sido who
we'd admiration of art an appetite for tho am
bcr fluid. have whiled away their leisure
hours Ito tho soft peadngs" of the Austro-
Hungarian Cadet Band which plays at Allan
tic Garden. Now, however. Superintendent Il.
Fellows jenkins, of the Society for the Pre-
venon Of Cruelty to Children has stopped to put
the performance under legal ban. officer Lund-
berg who was detailed by the society to inquire
into the antocedents of tho little fellows charges
that this is the nrst fruit In New York Of paronsm
beyond the Alps. In the application for q warrant
made on Tuesday. in the Jefferson Market
Police Court, the society's officers claimed that
the childron making up the company are OF years SO
tendor that their appearance tho stage is in viola.
ton Of the laws OF 1876 and Of two special
boaring such Instancing the infant phc-
nomcnon Fish. to whom musical practice proved
fatal. and little young America" whose death ut
baltimore from kindred made a pathetic
story. they contend that the work assigned tho
Juveniles OF the cadet band is calculated to carry
thom into early graves. In proof of this they say
that besides occasional rehoarsals the band per-
forms, with small intcrmssons, from eight till
twelve O'Clock every night. and ut four matiu,,os
weekly, when the programme lasts from half past
one to fivo o'clock Ia the afternoon.
Mr.. jenkins sad further. In conversation with a
HERALD reporter. that the society had been in
formed that the children obtained by contract
with the Austrian government. 1--WE secured" said
he 80 warrant for the managers arrest, but he
treated II with contempt boasting that he had tho
authority OF the Emperor of Austria Tor what no
was doing. Then informed that he had
gone to Hungary to an orphan asylum there and pur
chased the services of thirty children for two years
Tho institution itself believe. to receive tho
remuneration, and tho transaction assumed to
nave received tho governments sanction. All this
was mere hercsay. however. | went to
Hugo Fritsch, tue Austrian Consul. He said
lao had received no instructions from his
government about it. and he believed he would
have In caso any such agreement had been made.
They wont to tho garden TO play. and were located
on the top floor OF house in Elizabeth street.
which our officer, Mr.. Lundberg. says might be
trae cleaner and less odorous. They there now.
and wo have succeeded in getting at their names
and ages. There are twenty-five Of the children
whose years prevent their appearance, but only tour
of these have been selected III making out tho afli-
davits to test tho caso."
Yesterday morning Mr.. Gustav Amburg was pro-
duccd In the Jefferson Market Polico Court. MIR.
Hufnhiel appeared as his counsel and stated that
the defence would not rest any authority given
by foreign Power. Mr. Amburg himself stated that
nt tho Conservatory for Austrian military bands
ut Arad hc had entered into an agreement TO take
the cadet band to America. iIc Ind the parents Of
the members who were not orphans, az supposed, to
sign this contract IL was Witnessed by tile presi-
dent OF the institution signed by the iuducs or tho
district aud approved by the American Consul. The
children were to bc kept away o year, and in the
meantime tho salary due them to bc despatched
to the Conservatory ut Arad and divided by tho
president among the parents. Every pledge had been
faithfully observed. he said. Besidcs, they had
brought with the band Mr.. Weber. their music m.
structor MIR. Claus. their leader, and Mr.. Weiss.
their teacher. that their education would not be
interrupted. Mr.. Hummcl said he was prepared 10
submit proofs before the Court. Mr. Jenk ms asked
that tho performance should DO stopped last night,
but Mr.. Humnol 80 strongly protested thas Justice
Dixby allowed its continuance till tho examination
set do ia Ger this morning.