The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-05-30

why MRS. Hare and Her Husband 1zoved ana
won't Pay Rest.

The case Of Fitzsimmons & Smith, real estate
agents, against Utley Hare, an insurance agent,
to recover q little moro than three months rent
for an apartment, formerly occupied by Hare at
1856 West Eightieth street, was tried in tho
Eleventh District Court before Justice James
A. o'Gorman yesterday. Tho case was ono
which the residents on both sides OF the street
in which the house Is took o keen interest, and
many Of them were In court to hear tho evil
dence.
The house 10 q fvc-story apartment house.
Ono Of the tenants In Theodore B. Gilman, Q
member Of the Produce Exchange. Mr.. Gil
mans family consists of his wife and two sons,
one 10 and the other IL years old. Among the
lares and penates of the household are q black
cat and q piano. The apartment directly under
them was occupied by Mr.. and Mrs. Utey Hare,
who have no children. and are well along in years.
Mr.. and Mrs. Gilman are younger. On Jan. %
last Mr.. and Mira. Hare moved out Of their apart
ment, the rent having been paid mp to that time.
Mr.. Hare executed q lease for q year when he
took the apartment. When he moved the agents
demanded the rent for the balance Of the year.
This Mr.. Hare refused to pay, claiming that the
Gilmans made 80 much noise that he and his
wife could get no rest, and were In consequence
compelled to move. Then the agents brought
Ar. Hare was the first witness yesterday:
sThe room in the Gilman fat e6oyo us that was q .
fS ioo%r never Se e oess edof' 1t began at : otolSct in tn the
morning and didn't stop until 2 O'Clock the next
morning. Besides this. the Gilmans were fight
ing and raising the devil all the while. l was
promised peace and quiet when l took the fiat,
and l mover had n whole days quiet and abso-
lutcly no peace after l moved In. II 1t wasn't
ones raced back and forth. and, IL they weren't
doing that, they, or somebody who wouldn't
know music II IL was labelled, were banging the
piano and yelling like Indians"
Mrs. Hare followed her husband. "Thep peace
and quiet OF our household were outraged" che
declared. "Oh, It was awful Three days after
we moved in there was shouting and yelling and
Every time the door bell rang the whole Gilman
tribe would run pell nell to the door. 1 com.
planned to the agents, and they said they would
throw tho whole lot out. But that was not all.
II II happened that we were able to catch a wink
of sleep we were sure to be awakened at some
tendish hour Of the night by the walking over
the fioors above of a cat. It had a tread like an
whole block knew 1t. Then there was singing
and piano playing that was simply awful"
Mr., Gilman then took the stand. He said 1t
was the custom of the. family to breakfast at z
o'clock, SO that he might get down to business in
time. Tho family retired between 10 and IL
o'clock and after that time they were busy
sleeping. He said that when Mrs. Hare or his
sons saw At to play the piano they did so, but
never at an hour Of the night when anybody,'s
apartment was noisy. Mrs. Gilman corroborated
her husband, and also made oath to the quiet,
orderly habits of her pet cat.
Justice OfGorman decided against the Hares,
reminding them that they must not expect all
the quiet of a whole house when living In a fiat.