The Bridgeport evening farmer., 1915-10-20
JUSTICE REFUSES TO ALLOW EVICTION
 OF LITTLE FAMILY
Bawling Baby's Presence Not Objectionable, New York
 Court Rules.

New York. Oct. 20-tIg % lux blub coon b1ooey brm- -brn1 chee-ee!''s
 That was the only comment made by David V. Eisenberg, 21 months old, of AT Claremont Avenue, when Justice Young ruled yesterday that his con duct had not been boisterous enough to give grounds for the eviction of his parents from their apartment. The eviction petition was made in the Sev- enth District Municipal court by the landlord, John J. Dillon, a publisher at No. 333 West Thirtieth street. Many tenants had told him they had been disturbed by nocturnal yells.i The de- fendant was Lester w. Eisenberg, the child's father, an attorney at No. f261 Madison street
 Many women testified substantially that David is a vocal nonstro osity, a-bnorma1ly and recurrently noisy, and no respecter of hours. In compari-s son with his shrieks the din from a boiler factory. augmented by a chorus of fog horns and a salvo from Az cenumetre siege guns, would seem but the dying gasp of a consumptive gnat, the witnesses intin1ated. Ger tain tenants have refused to renew their leases unless David is busted. It was alleged that the baby would awake with a shriek and continue to shriek. The defense craftily brought out the fact that several of the plain tiff's witnesse were spinsters
 Miss Catherine L.. Matthison of No. PIP Cathedral Parkway, who formerly lived within range of the lively infant, said that he was a nuisance.
 'He is very noisy and screams at the top of his voice. she said. i'tIe doesn't act like a normal, healthy baby; he acts like neglected child"
 Why, he's a prize baby!'' gasped the indignant Mrs. Eisenberg to a re- a a al a hotel baby show at Rockaway. He! can't be neglected. I read books by Dr. Holt and Dr. Coleridge on caring for babies, but found I had to give David twice as much food as the books said.''
 Miss Esther A. Roberts. who rooms above the Eisenbergs, testified that the youngster cried Monday night at 1o:1O and 12:O5 A. M
 1T have never known a. night that he didn't cry when he was home,'' she said. "It is the most boisterous cry ing have ever heard in my life from any chi1d.''
 Mrs. Henrietta E. Norton. into whose apartment Dayid's voice de- scends, swore that once he cried cos tinuously from midnight until A M. Asked whether she had any children, one years old. The. Eisenbergs say this ''child" is a piano player who likes music at night.
 Mir. Eisenberg said his baby does not awake with shr1ek, but saying Mamma or ttbottle.''
 Bring him in here. urged Arthur C. sMande1 of No. 80 Maiden Lane, at torney for MT. Eisenberg.
 Ut isn't necessary said Justice Young hastily. .
 Nevertheless. David was brought in- He was placed on the counsel table, sucking the juice of a lead pencil. He drew himself erect by grasping the railing with both hands, and looked benign1y at Justice Young. For a minute baby and arbiter meas ured glances. The infant cast his pencil into the ring, or whatever the inner inclosure is termed. Then he clamberedf down
 After three more women had pro- the baby's noises unbeatable, Justice Young gave his decision. In substance it was this:
 ''It does not seem to me that under the circumstances I could oust this young mother and father. We all know that children cry. This is un- d doubted1y a healthy child But can not say the testimony has convinced me that his crying was so bad as to l justify me in throwing out the par l ents."
 fLoob blim sluf gluk choom l yaah!" crowed David as his mother l, and a maid escorted him from the court room.