180
Mr. Holmes, continuing, said the next day was a Bank holiday, and plaintiff was informed that that was a general holiday, and he did not go to the office; no mention was made to the contrary. He (Mr. Holmes) submitted that absence from the office on this day did not con- stitute gross neglect or gross disobedience of orders so as to entitle defendants to dismiss the. plaintiff. There were many cases in which for certain conduct masters could dismiss their ser- vants, but they must be cases which come within the rules laid down. No act of the plaintiff warranted Mr. Sachse'in dismissing him.
Evidence was then called, Mr. G. P. Lammert acting as interpreter.
The plaintiff said-I was engaged under agreement with Messrs. Carlowitz and Co. as a merchant. When I went to the office on 31st July I was told by Mr. Sachse to make myself acquainted with local customs, and that my ab sence would not matter for a few days. On that day I was taken to the Kowloon Hotel by Mr. Jesumann and established my, quarters there. Up to the 2nd August I was on the steamer dur. dung the day with friends; the ship left that day. In the evening I received the letter from Mr. Sachse and I went to the German Club and saw Mr. Jesumann. I asked him to ask Mr. Sachse to excuse my absence on Saturday as it was only half a day. Mr. Jesumann said it would be all right as the books had been closed, and whatever work there was left could be done in two weeks. I had $50 from the compradore on the Saturday in order to pay for certain things, and when I was dismissed the compradore demanded the money from me. I did not think it necessary to attend the office on Sunday unless under ex- ceptional circumstances. I had worked on Sun- days before I came here, and if I had been asked I should have gone at once; in the better houses work is not done on Sunday. I understood that Bank holiday was a holiday by law, and that it was not necessary for me to go to the office then. I wrote a letter to Mr. Sachse asking him to excuse me for my ab- sence, and I found an answer on Monday even- ing at the German Club. The answer was as follows:-
"On returning from Canton I find your memo. of the 5th August at 3 p.m. I must confess I am very much surprised at your behaviour. You have time to go to the club but apparently no time to come to the office. Will you please come to me at once?A. Sachse,"
I received the letter at eight o'clock in the evening and it was then too late to go to the office. For three or four days my eyes pained me and I could not bear the glare. On Monday evening I had a touch of fever and in the morning I could scarcely open my eyes. I had complained to several people in the firm about my eyes. On Monday I was introduced to Mr. Grodtmann, and I asked him to wake me up in case my boy should forget in order that Ï might get to the office on Tuesday morning, In the morning I felt very ill and I told Mr. Grodtmann that I could not get up as I felt woak and tired. That day I wrote on a visiting card a note to Mr. Jesumann asking him to send me a cooling lotion for the eyes. The note ran as follows:-
"I am suffering from inflammation of the eyes to such a degree that I cannot come to the office. Please excuse me.'
?
I received a bottle of lotion and also the fol- lowing memo—–
"We have to inform you once again that our office hours are from 8.30 to 1 and from 2 to 5.30 o'clock, and we should have at least ex- pected that you would keep these hours. Up to now, however, you have entirely ignored them -Carlowitz and Co."
I object to the words "once again," because that was the first time I was told of the hours. I remained in bed that day until four o'clock, when I came to Hongkong and tried to eat. The only thing I could take was a plate of soup. I went back to the Kowloon Hotel, but ate nothing else. I expected a doctor to be sent by the firm in accordance with the terms of the agreement, but a doctor did not come. When I got to the hotel I found the following letter
Although you arrived on the 31st July you have not appeared from the 1st up to the 6th August, whilst you have repeatedly
THE HONGKONG WEEKLY PRESS AND
been seen in clubs and hotels and drawn moneys from our compradore behind the back of our manager. You have made yourself guilty of serious infringements of your contract and of the German law, and we therefore consider our contract at an end. Of course you are respon- sible for all the debts you have contracted.- Carlowitz & Co."
I received this letter about 8.45 at night, and on the following day wrote as follows to Car- lowitz & Co. :---
KL
་
In reply to your favour of yesterday I take the liberty to inform you that I thought myself authorised in stopping away so long from business by your own request in order that I could get acquainted with Hongkong and that it did not matter particularly when I took up my duties. Should I have given your words an interpretation, on account of my ignorance of local business and social customs, which
did you
not mean,
in- crave your dulgence. Now neither this nor the follow- ing is a breach of the German law, as I asked Mr. Jesumann as well as Mr. Tarrabachia whether I would draw money from the compra- dore you being absent even without your knowledge, and I have found this fact confirmed by both gentlemen. Mr. Tarrabachia was per- sonally present, so I did not think there was anything wrong: So far I have always been able to get an advance of a monthly pay in all my former positions direct from the cashier without asking the manager, and if I am not mistaken my presont contract contains the same clause, so that I am at a loss to understand how this is a breach of contract or violation of the German law. It is now in your option of course to discharge me after six months' notice, or to transfer me during this time to one of your other branches in China respectively. In consideration, however, that there was neither intention nor bad will, but a simple misunder- standing, I should request you to abstain even from this, and not to put further obstacles in my way to take up my position. Hoping that you will consider the matter from this point of view, I remain, &c.-F. WESSEL.
The next morning I went to the office to again explain to Mr Sachse the reason for my absence. He said we have nothing to do with each other, and I will write to you." I after wards received the following letter
8th August. Dear Sir--In answer to your letter of yesterday's date we cannot but evince our astonishment at the very cunning way in which you have made use of other people's re- marks solely for your personal benefit, and not only that but also try to excuse yourself with misinterpretation. It is a disfigurement of the truth that Mr. Sachse would have said to you "It does not particularly matter when you take up your position." It is true that Mr. Sachse told you and at the same time Mr. Glissmann on the day of your arrival that to-day (31st July) was mail day and that on that day and the following, i.e., 31st July and 1st August, we had no special work for you, and you might have a look round Hongkong. But such a remark naturally only had reference to the 31st July and 1st August, and Mr. Glissmann giving the only possible interpretation to Mr. Sachse's words took up his position on the 1st August at noon in the proper way. There can be no doubt that you stand conficted of having acted perfectly wrongly inasmuch as Mr. Sachse expressed to yon on Friday his astonishment in writing that you had not yet put in an appear
ance,
to which you did not vouchsafe an answer. How forgetful of your duty and with what amount of disobedience you acted the fact proves that on Saturday, the 3 instant, you did not put in an appearance and made use of Mr. Sachse's absence to obtain money from our compradore to the extent of $55, whilst your contract contains the paragraph- that you are never to draw more money than the salary ac- tually earned." On Monday, the 5th instant, you write to Mr. Sache from the German Club, 3 p.m., to be excused for that day without giving any reason, whereupon Mr. Sachse re quests you to come at once, but no answer is forthconing. On Tuesday, the 6th instant, you give out to be ill, but on Dr. Gerlach and Mr. Bischoff calling on you at your room in the afternoon, you had gone out. You do not seem to have given the fact a single thought what an extremely bad impression you must
[September 4, 1895.
make on everybody. During a whole week you had time enough to hang around the club and hotels (only yesterday a bill was presented to us by the Hongkong Hotel for three bottles of hook, apollinaris and cigars, $11.50 on your account, which very naturally we shall not pay),
but
you never had time to appear at the office, notwithstanding repeated written summons and also verbal intimations from your colleagues to that effect, and that is misconduct. You have broken your contract by refractoriness and by drawing money to which you were not entitled. We shall therefore not retract the discharge from our service sent you on the evening of the 6th inst. A six months' notice is not necessary in such a case. We have nothing more to do with you in this affair and consider all corres pondence between us at an end. If you think you have been wrongly treated you can have recourse to law-Yours truly, Carlowitz and Co.
I received 150 marks from the firm for travelling expenses, and I have not taken up money from Messrs. Carlowitz and Co., but from the compradore, and it was not on account of my salary. I have never misbehaved myself in the club or in the hotels, and when this was hinted in the letter I looked upon it as an in- sult. In regard to the hock I did not expect Messrs. Carlowitz and Co. to pay for it. I met half a dozen friends and I treated them to hock. I have not received six months' notice. Mr. Gedge-We admit that letter is the only notice we gave him.
Witness, continuing, said-By reporting my- self on the 31st July, I entered upon my duties. I should have worked on the 1st August if I had been asked. I was never told by Mr. Sachse or any member of the firm what my duties were ; I was told in Hamburg that I should have to go into the bookkeeping department. The agreement was signed in Hamburg and very distinct enquiries were made about my character and work. My name was entered as a visiting member of the German Club, but it has been scratched out through Mr. Sachse using his influence.
Mr. Gedge objected to that; the witness did not know Mr. Sachse had used his influence. Witness-Mr. Tarrabachia, an employe the firm, has written to me about it.
His Lordship--He is making it pretty bad for his friends.
Witness-I have been told that in consequence of the way I was dismissed by Messrs. Carlo- witz and Co. I shall not be able to obtain em-
ployment in the East, and that my social posi- tion was undermined by having my name scratched out of the Club's books. I have not been able to get other employment.
Cross-examined by Mr. Gedge-Mr. Gliss- mann came with me to Hongkong, and Mr. Jesumann met us. I think he had something to eat on board. I went ashore about 3.30. It is possible that Mr. Jesumann told me the following day was mail day and they were very busy and it was no good my going to the office on the Wednesday. He did not tell me to go to the office after the mail had gone.
At this point the witness said he did not feel at all well, and he was accommodated with a seat.
In answer to further questions witness said- When Mr. Glissmann and I were in Mr. Sachse's room I do not remember that he said that as it was mail day and as we would only be in the way we had better have a look round Hongkong, and that on the following day he would see about giving us work. He said it. did not matter for a few days and that we could get acquainted with the Colony and settle down. Mr. Sachse was very busy at the time. I spent the evening at the German Club and slept on the Preussen,
Mr. Gedge Did you have numerous drinks that night?
Witness Nobody saw me drunk that night. Mr. Gedge I did not suggest you were drunk. Did you have one bottle of beer or six bottles
&
Witness-It depends upon how I feel.
Mr. Gedge Did you drink one bottle or six bottles of beer? Don't try to fence the ques- tion.
Witness-I do not know.
Mr. Gedge-Did not Mr. Jesumann on the