Monday, Apr. 24, 1933

Crickets v. Tuba

When one Farnham Fox, a tuba player, got out of his Bayside, N. Y. apartment three months early, he offered an excuse-complaint not new to landlords--a plague of insects. Last fortnight in Flushing's Municipal Court, Musician Fox's suing landlords submitted this letter which they had sent him: "The insects you complained of are crickets and no doubt are found in most of the homes and apartments of Bayside. They are harmless, and many people enjoy their chirping; in fact, there was a poem [sic] dedicated to 'The Cricket on the Hearth and in China they put them in cages to hear them sing. . . ."

Last week, after ten days' study and reflection, Justice Nicholas M. Pette brought in a twelve-page decision. Ruled he: "While the cricket is technically an insect and a bug, it would appear from a study of his life that, instead of being obnoxious, he is an intellectual little fellow, with certain attainments of refinement and an indefatigable musician par excellence. . . .

"The cricket, with his musical armature, is capable of emitting his intermittent notes . . . mainly for selfish purposes of love-making ... is thus revealed to be not only a histrionic performer and a singer, but a romantic lover as well. . . . Judgment will be entered for the plaintiff for the full amount demanded [$135]-"

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