New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-03-29
THE CHlLD-PERFORMERS.
Mr.. GERRY AND THE ELLIOTT FAMILY.

FIGHT TO BE CARRIED INTO THE COURTS.
Considerable interest was manifested yesterday
at the Madison Square Garden and at the Office OF
the Society for the Prevention of Cruelty to Chill
dren in the case Of the Elliott children. Crowds
witnessed the usual performance at the circus III the
afternoon but the Elliott children did not appear
either IN their bcvle or "unicycle' act. When tho
performance was concluded. however, and the
| thousands of people had gone their several ways,
| there was private entertainment for the beneht
| of the propretors Of the circus, their
| lawyers and members of the press. and also
for the officers of the society; but the latter did not
appear. In of the elegant and unique
boxes in the circus sat Lawyers Hummel and Howe,
counsel engaged especially bv Messrs. Barnum.
| Bailey & Hutchinson for this occasion Their first
| appearance in a crcus). Lawyer Howe was incased
| in costly silk robe lined with sealskin, which Law
in rich fols about the collar and cults and was seen
protrudng the whole length of the front OF tho
| robe His hands were crossed and from the finger
| of one q huge diamond ring shed q mild but gentlo
ustre the three circus rings and the menagerie
| beyond. The members of the press seated them
selves in other but adjacent boxes. Mr.. Hutchinson
| announced that Professor Elliott would introduce
his children the stage in their wonderful bicycle
and uncycle acts in order that the learned counsel
in thu Oriental box might Judge whether in the per-
fornances of these children there anything that
seemed to violate the statutes the Penal Code on
this subject. The four eldest Elliott children.
Katie, "Tom.D Jimmie" and Polhe, appeared on
the stage in practising costumes with their uncyces
adjusted to their feet The children went through
all of their evouions while the counsel looked at
them Then an examination of the unicycle
followed aud the merits OF tho
machine were expounded by Mr.. Hutchinson
and by Professor Elliott, the inventor
Iii H.. .lo, hair nQr-
formances ON the bicycle, giving everything just as
it has been given in the circus during the first OF
the week. At the conclusion of the act the two
little girls, Matte ami Annie, appeared on the stage
on their little bicycles and acted their parts as they
have heretofore done in public. careful ex-
animation of the bicycles followed and the lawyers
expressed themselves as we'll pleased. They con-
ferred for short time with Mr.. Hutchinson and
then announced that they could no violation OF
the law on the subject Acting under their
direction Mr.. Hutchinson announced that Mr.. Bar
mum would write personal letter TO President
Gerry of the Society for the Prevention of Cruelty
to Children and also that the performances of the
Elliott children would be resumed to-InDrrow: Mr.
Hutchinson urthrr said that if the society inter
ferrd there would be litigation over the SUBJECT
and this test wonld be fought out.
ATALK WITH Mr. ELLIOTT.
Professor Elliott, the father of the children. was
his lameuess was due to his having sprained his
ankle few days ago while running around in the
circus and not to his having injured himself while
| riding bicycle. In answer to some questions he
said: 81 have never been interrupted before in any
| place and obi rctiOn has ever been made 10 the
performances OF tae children. They have exhibited
In every city of Europe and have been rding these
machines for six years. believe that their present
bodily health is due to the exercise they have taken
| on the machiue. They all strong and robust
| children. Katie is the eldest and Is sixteen years
Odd rom is fourteen Jennie rs twelve, Poliie is
teu and Matte ID ive AUnle is six years old aud
| is my brothers chid They have he best OF caro-
and this performances of theirs is really their play
You see how anxious they are to KEEP at II They
would ride all the time unless look after them 10
| prevent them. gOverness has special care or
! them. They have never been injured in
| riding and very skilfnl at 1t, rs any one may
see. | was never more surprised in my life than
when heard that We had been ordered to stop per-
| forming"
| The reporter spoke to the children. alfof whom
sho wed a readiness at reply that surprising
They all sad they liked to ride and never tired
| of IT. Never hrless they all seemed somewhat
| exhausted when their riding ended The re-
porter approached closely 10 the smallest ones
while they were riding. and noticed that one OF
them did not to feel the exerti0n but that the
other was breathing heavily and was riding with
her mouth wide open, thereby inhaug the dust
that arose from the stage.
MR.. BARNUM's EMPLOYEES SPEAKS
In conversation with Mr.. Hutchinson he said ta
the reporter: II have never hired child-acrobat
or gymnast and never will. don't believe in ii.
do not however nor do my lawyers, consider this
an acrobatc OF gymnastic performance. Under the
advice of counsel the children will perform to-mor
row. and ii the society interferes we will fight the
question to the end. If we thought that there was
any feeling regard to il on the part of the patrons
OF the circus we would not hesitate a moment to
stop the children and send them back 10 Europe.
Bnt the aud ences have appauded the children TO
the echo OF il isn't busness-llke Tor us, II
we have no higher motives, to offend he senslDill-
t,a nf tain Ol
ances, and if we hau ever supposed there would
have been any trouble about i we would have dis
missed them at once. The offceIs of the society
were invited 10 he present this afternoon to see this
prIyatey, but they have not appeared Mr.. Bar
mum III inform them to night OF our intention to
proceed with the performance tomorrow"
Mr. Hamilton, the press agent OF the circus, SAID
" The law, as understand IT, forblds acrobauc
and gymuastic performances by children under q
certain age at public exhibition. That law was
made TO cover trapeZe acts and other performances
of that nature but no mention made of bicycles,
uncycles, or anything OF that sort. The law re-
quires now that even for adult gymnasts q net shall
be spread under them, and IL Is always DONE But
these children perform on these simple machines,
which require hardly any force 10 propel them, and
they do not, IN opinion, violate any law IN so
doing
WHY MR.. GERRY TOOK ACTION.
Ebrilge T. Gerry, president of the society which
has interfered IN this matter, was seen by
the reporter at the Office Of the society &C
Twenty-thir,l-st. Fourth-ave., Mr.. Gerry said:
al received by mail last week this bill pro-
gramme of the entertainment to be given at tho
Madison Square Garden this week. / noticed pic
lures on the bill of children standing on their heads
ON hicyces riding with their feet on the steering
apparatus, standing on the shoulders of grown men
and women also on bicycles, aud IN various other
attitudes as you Will by looking at this bill.
Underneath il here is this announcement that chill
drpn will perform the most original, perlous and
difficult of bicycle feats, etc. On reading this
announcement immediately wrote to Mr.: Bar
num- SAVING that if such acts were performed
they would be violations OF the Penal Code and
would come under the statutes thereof aud that
should be obliged to stop them. But never pre-
Judge thing, so | sent note to the managers,
which resulted in Mr. Hutchinson coming here,
bringing the children with him. l pointed out to