The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-08-21

Evidence was heard yesterday by
Judge ]. W. Carpenter for and against
the rule to show cause why an In
Sunctiun should not issue to restrain
the alleged nuisances maintained On
the Crosby midway at the entrance
70 Nay Aug park 4 number of the
residents of tho locality testified that
the hurdy-gurdy attached to the
merry-go-round is a distressing an
noyance and that the congregating Of
crowds attracted by the midway
amusemcnts tends to disorder, which
depreCatcs the value of the property
The plaintiff in the case is Edward
w. O'Malley, whose home is on Null
berry street, within 200 feet Of the
merry go-round. He Is acting for
himself and a majority of the property
owners Of the immediate neiGhbor-
hood. The defendants arc James
Crosby and Ogden Brothers who oper-
ate the midway amusements, and ], J.
Mullen, who owns the land on which
they are located.
City Solicitor George NJ. Watson and
S. 3. Price represent the plaintif. The
defendants attorney is NJ. F. tonry.
The hearing began at . o'clock In the
morning and continued until o'clock
in the afternoon. More than one hum
dred persons sat through the hearing.
Most of them were residents of the
disturbed locality
Mr.. OMallcy. the complainant. was
the first witness. He testified that the
noises of the midway, particularly
that of the hurdy -Gurdy greatly an
noyed himself and family, and that he
had frequently heard obscene language
used by persons in the crowds which
congreEate about the midway. The
noise Of the hurdy- gurdy. he said.
makes the neighborhood undesirable
as a place of residence and depreciates
the value of property,
on cross examination, Mr.. O'Malley
denied that he had circulated pc
tition against the hurdy- -gurdy and
threa tened boycott and social ostra-
cism to those who refused to sign it.
He also denied that one night he and
his wife, together with a number Of
guests, had Joined in singing a popu-
lar air to the aCCOmpa niment of the
grind organ.
l.. :. Richards, editor of The
Tribune, whose home is on Wheeler
avenue, testified that the operation of
the grind organ made the neighbor-
hood undesirable as a place of resi-
dence. and that If it was not that he
had his home there he would not care
10 dwell in that locality while the
organ was IN operation. The organ
was going continually, he said. and
it's monotonous tones were positively
rackng to the nerves.
nTuED NErcuPnpS
j. :. Hubert. John Hennemuth NJ.
L. Smith, B. h. Hicks. John p. Palmer
and II. +. Coke gave similar testi-
money. The action of the midway
people in munling the hurdy-gurdy
Mr.. Hicks said, only tended to make
its noise more unbearable. 1T now
sounds like a COW in distress" he said.
Mr.. Coke also complained of the
games of chance maintained on the
ground.
Attorneys Watson and Price said they
could produce half a hundred more
witnesses to testify to the same state
Of facts if court wished to hear them
Judge Carpenter said he would hear
from the defense.
The defense Was that the noise of
the organ is music of a superior kind
that the place Is conducted in an or
derly manner and that the so-callod
games of chance. which the defense
ted were innocent games of skill, had
been closed down out of Difference tc
the residents of the neighborhood. just
as the organ had been mufTied to con.
tine its music tn the ears of those
latrOnlZinG the place.
Mr.. Crosby testified that the organ
that its music was carefully selected
with view of pleasing and edifyine
the patrons.
When the games of chance were re.
forr"d TO by his attorney the Witnes.
went On to explain tnat there were
no games of chance on the grounds
only two games were run, he said
one in which YOU pitch rings for cane.
and another in which you throw basC
balls at wooden cats, hearing variou.
pet female names. which cats ar,
seated in the windows of a minatur,
housc-frunI.
These are games of skill" insisto,
Mr.. Crosby. This cat game. for in
stance. You go To the game and picl
up three balls and throw at the cats
If you go to closing your eyes ant
throwing with your eyes closed, it il
game of chance, but if YOU throw
with your eyes open and hit them W,
would call that 4 game of skill"
Mr Crusby's differentiation of games
of skill and chance was thoroughly ap
preciated by the listeners.
Police Officers Reese Jones an,
James Sloat testified they had viste,
the place frequently and never founC
any disorder there.