Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-01-31
TxPOsITIOS PRIVILEGES.
The nerry-Go-Rounds,s shootiug-Gni-
Ieries, &C., In Court.

y
Ieries, &C.. In Court.
The case Of Hill & Guvernstor against
J. II. Griffith et as, which, AZ stated in
yesterdays Dispatch, has been takeh ND to
the Circuit Court OF Henric0 on an appeal
from the decision OF Judge Minor, OF the
County Court, in oyerruling the motion
made by counsel for the defence to set aside
the verdict rendered In favor OF the plain
til, is one involving some very Interest,"
ing points bearing on the question OF
easement, which have rarely, II ever,
been passed upon by the Virginia courts.
To the final decision OF the questions in
volyed may therefore attach greater import
ance than simply the amount for which the
suit was brought. The trial in the Circuit
Court will perhaps not occur until the April
term. The Mcssrs. Griffith, who are plain
tifi- as the matter now stands, although they
were originally defendants, are represented
by Mcssrs. &. V. Meredith and w. W.
Cosby. Jr. Messrs. Hill & Guyernator are
represented 10y Edgar Allan, Esq.
THE CASE.
Mr.. J. II. Griffith and two brothers, all
three Of whom are residents OF Atlantic City,
y. j.. have for SOME years made special
business OF conducting merry-go-rOunds.
shooting. galleries, ball games, and other
similar amusements at the various fsirs AMI
expositiOns throughout the country, and II
il said that they have done quite well, speak
ing from a financial standpoint. Last fall
when the Virginia Exposition was about TO
open they thought they saw good chance to
operate their games successfully and TO draw
a large number OF nickels and dimes from The
thousands oi fun-loying people who would
p,trOniZe our great shoR during the seven
weeks % lie existence and It was therefore
decided 10 establish themselves in our midst.
Consequently they entered into an agree
ment with Mes-rs. Hill q Guvernator, who
had bought the entire privileges on the Tx
posi'iOn-Grounds, for which they paid the
snug sum 81 $4,000. and for the lease Of
ground on which to operate seven ball
games, two merry-gO-rOunds, and one shoot
ing-gal'ery they were to pay Sl,SOO. For
this amount they were to have the exclusive
privileges on The respective pieces OF ground
which they leased.
HOW TWAS PLAYED.
The shoOting-gallery was very we'll pa
tronized. Here you paid five cents for the
privilege of firing q parlOr-rile twice. The
mark was a bulls eye in the centre OF the
closed end OF a long tapering tube, through
the large open end OF which you shot. II
vOu struck the mark you were entitled 10 a
free fire or some other prize FOR your expert
marksmanship, which the less fortunate
gunners did not enjoy. One OF the most
successful persons who engaged in this sport
was lsdy, who rang the bel or pierced the
bulrs eve every fire.
The hail games. OF which there were seven,
and each Que differing from every otherone,
pcrhaps drew better STILL and they cert, ,niy
attracted more hilarious crowds. Atone you
were gwen three throws at rag (and wood
babies piuiOned TO horizontal bars about forty
feet distant, snd II you knocked down one
baby q cigar was the reward; two babies two
cigars. and three babies hail dollar. Three
balls cost but n nickel, and YOU were at lib
erty 10 strike any Que Of the three dozen
babie. in front Of the canvas.
But Oi all. the merry-gO-rourd was the
most decidedly attractive source 0f amuse-
ment which the Messrs. Griffith offered the
public. This i wha. the small boy calls q
b0bbv.h0rse The fact is the machine, which
is run either bY hand or steam power, COM
Vrises several hobby horses, and other seat
ing arrangements on or In which any one
liberal enough tO pay five cents for ride
may have a few minutes enjoyment The
sport is like riding at tournament, except
thai with the merry-go-rOuud al! the riders
travel at exactly the same speed. There Is,
however. the process OF taking rings, and
the person who succeeds in tsking the
largest number is entitled 10 free ride.
Well these are the games ;he opera
tion OF which furnishes tue groundwork for
this litigation.
fHE CLAIM.
Griffith Brothers have paid Hin & Guver-
nator Sl,1j0. leaving a balance Of $3.50, for
which suit was brought In the first IN.
stance the plaintiffs sued ont distress war
rant before magistrate and had the proper.
~ Of the defendants, which still remains on
tie Exposition Grounds, attached or dis
trained. giving bond in the sum OF Sl0,-
O00-twice the estimated yslue Of the pro-
porty levied on. The case was tried in the
HenricO County Court, snd resulted In a
verdict for the plaintiff in the amount
claimed.
PRIVILEGE or RENT?
In the trial the defendants made the point
that the amount alleged by plaintiffs to be
due them was not for the rent oi lots as
claimed, but for the purchase of certain
privileges. On the other hand the plaintiffs
Insisted that they only rented the lots OF
land, giving the occupants certain exclusive
privileges.
IN Tue AftNNu Iihtt hIliIlu BTOiUtIa
claimed that the plaintiffs had made with
them a contract authorizing them to carry
on the gaming business, which is contrary to
the statutes OF Vireinia. TO this the plain
tiG. replied that their contract expressly
provided that no unlawful gaming should be
allowed on the grounds, that every receipt
given had this printed on II, and that u there
had been any violation OF law II was on the
part OF the defendants.
Sir. Allan, counsel Tor Hill & Guvernltor,
insisted that these games had been played at
all fairs and eNpOsltlous, and that there was
not case reported In Virginia where 4 con-
Viction OF such a charge had resulted. An
other point which Mr.. Allan made was this:
The charter authorizing the organization Of
a society for the purpose OF holding an expo
sltiOn was granted In the interest OF public
policy. The law against gaming was for the
same purpose. suppose the two conflict?
These sources Of fun will-if such things as
those referred TO above are considered unlaw-
ful samIng-be eradicated. thus removing the
object that attracts a great many visitors,
and eXpOsitiOns will soon be numbered with
the things OF the past.
He held that such innocent amusements,
where the successful players receive slight
prizes, do not come within the pale OF the
law.
Property Transfers.
Richmond: George l.. Cary 10 James Fox,
. feet on south side Leigh street between
Hancock and Graham, SO; A. G.. Collins,
al atttt- 81 10 tl~ar