Show tJ r 1 I J I JJ J I y ti r ri F 4 i b b Nov 1 Suit for Damages Brought by a Grieving Father f m l and Mother q g x Y Who I Shows Show's lii t the Big Glittering At J 1 a ii I j tractions Were s I e er lether If Ifs r A t f I 4 gi p r c ct Y t T Alluring 1 rs nf M for Their I r Little Son SonI HOULD a circus be held financially SHOULD t responsible for the irresistible fas fas- fascination fascination fascination it has for a small boy Should it be made to pay heavy y dam dam- damages damages ages if it can bo be proved pro ed cd that a boy ran away from homo home as a direct result of the lure the grease painted clowns tho spangled bare bare- bareback bareback bareback back riders andall andall and A- A Aall all the other glittering glit- glit attractions 1 bons of the big biff 1 tents had for j i him Fx The These e are questions ques- ques V f bons tho the Supreme Supreme Su- Su preme Court of Nebraska is now t g t trying to answer as a result of the then b SUIt suit brought by t Jacob and his Ills wife H Julia against the tho SH va proprietors of the tho Ringling Bros- Bros Bios cig Barnum Q Bailey o g circus The parents par- par parl l ants demand 25 25 j iVi- iVi s damages notI nott not f V 1 I t only to reimburse l i i burse burso them forthe forthe for the the loss of their I 1 i g young oung sons son's sons servIces services services I 1 to ices but also to V St O pay for the angush an- an gush the they suffered suf- suf on him transformed transformed from from an innocent j schoolboy schoolboy into a I Cry worldly wise t toung e young oung man all man all they a allege 11 e g e through the spell the circus cast over him When the great circus came to top Lincoln in m Sep Sep- Sep Sep- September September September 1920 it itIS Itis yv IS said there was hayed haved and dutiful son 1 son in the city O than Johnny TavI I linsky Ho lIe was wag faithful in attendance at school had no bad habits and early and late helping his pat pat- patents patents par parents earn a good living at market gar gar- gardening dening The neighbors held him up as a a model for their ov own n children to follow Then came the circus and to reward Johnny for being sucha such a good boy his father slipped a dollar into his hand and told him to go and enjoy the show The bright eyed eed little fellow disappeared disappeared disappeared inside the big tent and that It ItIS itis itis IS alleged was the tho last his family taw saw of him for many months When the tho circus visited Lincoln the following follo year ear Johnny came camo with It and his parents say they had hard work to believe he was waa really their son eon In- In Instead Instead In Instead stead of the innocent schoolboy they had known they saw a sportily dressed worldly wise young oung man who pulled puffed inces incessantly antly at a long black cigar HIs clothes were ofa of a gaudy expensiveness the frugal homo home had neverseen never neverseen seen seem and in his tie sparkled a diamond horseshoe His parents saw at nt once that he would never hover again be bo content wIth the hard hardworking working ufe of a market gardener but what hat shocked an and grieved them most of all was was th the the easy intimacy with which he spoke of vices Ices and diSSIpations dissipations dissipations that had never before been even names to him Unable to induce the boy to abandon his Ius new life and come back to them hIS heartbroken parents took their troubles to a lawyer laWer and he ad them to sue for dama es V The District Court gave them a judg judg- judgment judgment 14 ment for but the circus appealed from this and now the case is up before the State Supreme Court Judge Wilmer Comstock appearing II v e BEFORE BEFORE- When the great circus came to Lincoln three years ago there was no more well behaved and dutiful son in the town than Johnny He was faithful in attendance at school had no bad habits and worked early and late helping his parents at their market gardening The neighbors held him up as a model for their own children The Then came the C circus rc s and to reward Johnny for being sucha such a good goodboy goodboy goodboy boy his father slipped a dollar into his hand and told hun hum to go and enjoy the show The bright eyed little fellow dis- dis dis y dis-y M J r i appeared d InSI inside d e t the h e 4 v- v c n big tent and that it is alleged was the lasta last a his family saw of him y for many months i f nn i f 0 jIo IU j if AND AFTER r When the circus brought Johnny back to Lincoln n I the following year his parents say lay they had hard ts I work to believe he hc was really their son Ion Instead of t 1 tan innocent schoolboy they wise I Pf an saw a worldly wise v if r puff puff- puffing young man pu f i jiM 1 y ing a black cIgar cigar fi I dressed in clothes t tr n 0 9 d li Cd f J vt t r y d Lp i fj t L o of gaudy 1 v ff p 1 f q A 1 J r H III veness andt and t yen 1 6 f d w a i iv if J ra fire fire- J 1 uv J M P v N 1 flaunting a t 1 1 tt j r h ff f mend ond horseshoe cf fY i f fj t 4 pm pin His IS paren parents Sr oF F I w Pi 1 f n J t fi l v t t T could not induce rr f l f J tJ fr j 4 ar arhim x i 1 ill 7 h t tI fu I f I tt J h him un t to 0 return re t urn t to 0 N 11 t r t 1 r f o Vo wa Hir V his 5 b boyhood 0 Y h 00 d J oy Yo a 7 uV 4 44 G rr r 4 s m fn 4 C A MSS 0 y rp 11 1 1 tY fi r 4 r Ail o 1 hODe home and what h w 2 Z j av li r 11 J Jf s r t ti f i pained th them most o of all was al F k gi H L 4 14 j 1 the intimacy i is with which whIch r j jt easy t ft I c ir t th e ey say he spoke of Vices vices and s if r rc i 0 x r t fl Hiv t 1 t td d dissipations that had never be- be 6 r iW v 1 s tit t q i f fv v 1 t 1 fore been even names to him JAb i J 11 t 8 pr r rr On the left and right two of the circus lions which held little Johnny so I fascinated that his simple home life lost losty s s y i all its charm for him and he was uY 1 a 9 y x i straightway transformed into a blase W Wf f t r y yarn f t h a 3 j man y kb t iy Y r R 1 r r r t y y c art Y 3 N t tk x f r l- l Y r w r l r w y t X r of s t 4 7 Y i 4 r rr r A Aa rj 7 a ty o- o A b 64 S Yd l a ar I 1 4 ti d f s I t e da k y s d 1 eSS Y t l r O J o b bO g y y j l 4 r f fy s nay r l rte VS M Y I I II y c t J s 1 r I I f f tf t z s f a t for the parents recently argued the tho case in Supreme Court Ho He said the tho rIght to lecover recover in this case was anal anal- analogous analogous analogous to the right of recover recovery in the case of a childs child's death He held that the circus had taken from this home a child that it had harbored and secreted a 8 minor and that for so dOing It should pay to the parents the amount assessed by the 10 1 lower er court as recompense recompense recompense pense for the loss of their son It is 1 I eld old that courts COUI ts take judicial notice of the gorgeousness s and bril- bril brilliancy hancy of the ordinary circus and that thiS was no ordinary Circus circus It is pointed out that the record shows this to be the greatest show on earth that as much is claimed by the circus management man man- management management bythe and as ns much is admitted by bythe the litigants on the other side of the case What is to an adult an e exhibition and pageant of unusual and extraordinary attraction is to a year old boy Judge Comstock pointed out a fascination fascination tion that is irresistible Because of its lure the boy permitted himself to be carried lay away from the parental roof away from liS is home and his hia familiar surroundings away from irom his parents and brothers and sisters without m- m in forming informing relatives or friends of ms his intentions or plans According to the evidence introduced September by the attorneys on Sep Sep- 1 1920 the boy then fifteen ears old was Vas living at the comfort comfort- comfortable comfortable comfortable able family home Lincoln in HIs Ilia par par- parents owned the house and the plot lot lotof of land on which they made a good living raising produce for the city's city markets Until Johnny went away the horne home was seas well kept up up p but since his going o oI I t r tv M v l atlas ettes or take a nip from his l lJ j l 1 silver pocket flask flash The par par- parents Will this ilia clown and andr 1 b i f ll l were ere amazed to see seo andI I W i his horse horae have to be beless y t what a n man of the tho world less funny if the cir cir- cirt cir circus J this little son of theirs cus lose loses the case t yv h t of I 1 Iv v had become and they now be being tn g 1 t blamed it all aU on the argued In in inthe k j lure IUle of the circus the Nebraska JI y ti The parents patents bogged egged Supreme etA iS n ft Johnny to forsake the Court c cJ J t t tt t circus They wept 01 over offer er t J 41 him hun and promised hiM j v t fi t 9 every cry comfort every r rv J if ho he would would would- ft i advantage ant ra fi t y fr only come bac back to the theold y j gf f fold old homo home For a 11 timer time hj Wi r It looked as if they fi V iE were going to succeed I a but then it is alleged t J Jl I S l f Md his ers further st str r q enticed him by the t I I Ni 1 kf promise of a better 1 f 1 t ya job lob f t The suit was as brought 1 i before the circus leftY left e Y 1 Z h i iy y Lincoln in the hope F x X that that it might result Int ing in t y g Johnnys Johnny's discharge but butu buta butin u a in this too the the parents have lost interest rest and the property has gone into disrepair The boy hoy had never been awa away from home He lIe attended school regularly and after school hours was always help help- helpIng helping helping ing about the house or in m the garden HIs father and mother had worshiped this boy and ever everybody body who knew the family remarked how dutiful and affectionate he was to io to them Then cane came the circus with the lure luro that is alleged to have havo led Id Johnny JohnlY away and broken his parents hearts Johnny was as surprised and delighted when hen his father told him lum that ho he might have a 11 dollar doUar to see the bIg s show ow Tho The boy bought his ticket and pa sed through the tho flag-bedecked flag main mam entrance and from that moment his parents say they lost custody and con con- control control con control fiver fever him The police were ere notified the tho next morning and an effort was as made to lo- lo locate lo locate cate cote the missing mg boy with the cucus in Q a Missouri town The Tho manager of the circus denied that ho was as with the shou although the court record now shows sho that he was employed the day following his departure form home One year vear ear and two days d ys after lis departure from flom hi his home Johnny re- re returned returned re returned turned for a n brief visit with ith his par par- parents parents eats He gave his mother which he said he had won at gambling Ho He vainly tried to induce his old fashioned old fa father her to sharp sharo his cigars andugar and und ugar- ugar ing father and mother were 1 ere disappointed hen hen the show struck its tents and left to ton toun n the boy v went ent with it The parents Judge Comstock told the COUI t have suffered great mental distress from the tho loss of th their thir Il son an ani 1 the transformation that has come ovet over him hun him The mother testified that she has old beyond her years that she cannot sleep that her grief has crip crIp- crIppled crippled crippled pled her limbs and ruined her sight Witnesses testified that she cries when hen whenever ever her son bon is mentioned The father IS prematurely aged These are arc in substance the charger made by the parents against the circus That the child was lured from home by the of employment nt and tho the IS ISI I J thrills of a n circus life that 1 when hen he had returned for a brief visit and had about concluded to remain at homo home he was ngam enticed la a away assay by the promise of a better job That in his life with th the circus he has learned to gamble smoke drink and Indulge in other vices and dissipations that he is h is no longer the home loving parent revering boy that tl-at they raised That the boy I was as enticed away ay against their will without their consent and that his departure was against their wishes and without their consent That they have suffered not only mental anguish because of his loss but they have also suffered as the tho boyas boy was as arriving at the age where he could begin to contribute measurably measurably measurably ably to the support of the family That he had never before hen employed em- em employed em employed by strangers and knew nothing of the tho world of bu business mess and bargaining and that thil th the shi ewd manage management of the I great circus wrongfully took advantage of his inexperience and innocence In a brief filed by the attorneys for forthe forthe forthe the cn cucus cus management the charge is made that the said Ta hn ky sought employment ment at Lincoln Nebraska and was Ins employed in the regular and ordinary ordinary ordinary nary ways as of employing all common laborers employ ed by them M The circus management denies that the boy was enticed away from hIs home or his parents No Inducement as held out to keep hun him in its cus cus- custody cus- cus custody custody tody Will the grave gave judges of the tho Nebraska court perhaps undertake to decide just how funny a n circus clown may be how daring a trapeze and howell how well ell trained an elephant without with with- without without out e exerting too strong shong a n lure luro over the thebo bo boys s who crowd the big J I a aI |