The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-06-24
The OSTHAUS
EQUITY CASE
Testimony Concerning Robin
sons Organ Heard Before
Judge Edwards.


case of Colonel Herman Osthaus
against James Robinson. The latter
has merry -go-round on Arthur ave-
nue. opposite Nay Aug park. and n
feature of the merry -so-round is an
organ from which sounds, more or less
musical, are ground forth when the
merry go-round is in motion.
Colonel Osthaus lives a short dis
tance from Robinson's place and the
noises from it greatly disturbed the
colonel's S-year- old boy who recently
suffered a severe injury. Last week
the court granted a preliminary i'll
junction against the organ upon the
showing that the condition of the boy
was very serious, and that it was hard
for him to sleep on account of the noise
made by the organ.
AT the hearing yesterday the COM
plainant was represented by Attorneys
c. Ballentine and George Howell and
City Solicitor George NJ. Watson. For
the defendant appeared Attorneys
John f. Scragg, c. II. Welles and Will
liam Leach.
The first witness called was Colonel
Osthaus who told of the ill-effects the
tones from the organ had on his son.
The organ grinds away from early in
the morning until late at night and
gathers a large crowd who are often
boisterous. III leaving the place at
night he has heard those who congre-
gate there use profane and obscene
language.
Horatio Keller lives OH Gibson street
and is there disturbed and annoyed by
the organ. He is building a house
near the scene of Robinson's opera
tions, but had he known of the organ
before he began operations he would
not have built in that neighborhood.
George Wahl who lives on Taylor
avenue, is annoyed by the organ which
he testified is very unmusical. Mark
Smith, of Wheeler avenue, gave similar
testimony, and John p. Jones, of Col
fax avenue, says that the organ be-
comes so intolerable that he is fire.
quently compelled with his wife to de-
sert their home to get beyond the pale
of the influence of Robinson's organ.
Matthias Stipp lives on Prescott ave-
nue., some blocks away, but can hear
the organ there. He purchased Il lot
some time ago near Robinsons place
and has timber on the ground to erect
Il house for himself but since the Or
gan began operations he has directed
that operations stop. If the organ re-
mains he will not build there.
l.. +. Hicks resides at $50 Colfax ave-
nue., and finds the noise of Robinson's
organ very unpleasant. Its tones are
unusual and he considers the organ
the only one of the kind ever made.
When the organ is silent and he Is
asleep he imagines he can hear it. l..
S. Richard of 800 Wheeler avenue, said
the music is pitched in a high key and
is very discordant and inharmonious.
1t continues from the morning until
late at night and even if good music
would be Objectionable for that reason.
j. S. Hurlbutt, of $40 Wheeler avenue,
and w. G. Conrad, OF 233 Colfax ave-
nue.. said the music of the organ is an
noying and tiresome in the extreme.
II. +. Cox, of 430 ColfaX avenue, said
the organ was great nuisance and
prevented him from reading or study
ing nights at his home. William Law,
of 302 Harrison avenue, can hear the
grinding of the organ at his home.
This noise has deprecated the value
of property in the neiShborhood. He
does not consider it desirable place
for the complainant, and James Rob-
inson. the defendant, was the first wit
ness for the defense.
Mr. Robinson said that for two years
he has conducted booth on Arthur
avenue, where he sells peanuts. candy,
soda water. and alongside of it is his
merry -go-round. The organ connected
with this cost him $5O960 and plays
twenty-four different pieces of music.
He had it tuned and put in first-class
shape when he opened for the season
about month ago.
Robert Bauer, of Bauer's band, said
the organ is IA musical instrument. but
admitted that he would not like to
have it played for hours at stretch
alongside OF his home. Park Police
men r, j. McManamon and William
Callahan said the organ is musical and
does not annoy them. j. ID. Davis,
piano tuner, said the organ is built like
Il church organ, and is musical in.
strument.
G, II. Wentzel said the music of the
organ was not as pleasing as that OF
a symphony orchestra, but it was not
annoying to him. He lives two blocks
away. Prof. Whitmore, of 141O Null
berry street, frequently takes his chill
dren to the merry-go-round and rather
likes the music. He proposes to build
in the vicinity of Rohnson's place.
Mrs. John Drew, Mrs. Alice Sloat,
Mrs, William Thompson Mrs. Bertha
Hodres, Mrs, Joseph LAWS, Miss Cath
arine Phillips and Miss Florence Drew,
all of whom live within few blocks
of the organ, said they did not consider
1t nuisance but on the contrary rath-
er like the music.
Similar testimony was given by Will
Liam Thompson. Hugh Gallagher, II. A.
Rifenburg. NJ II. JAY, James Crossley,
Mr.. Bevan. Philip Robinson, John j.
Van Mort and Mrs. Sally Lowry.
The case was submitted to the jury
without argument. The injunction Is
pending the final disposition
of the case.