December 3, 1898.1
CHINA OVERLAND TRADE REPORT.
plaint to Mr. Robinson, and he believed it was made the subject of proceedings in the court down there. Mr. Francis read a number of letters which had passed between Mr. Cook and Mr. Emsley and Mr. Emsley and Mr. Ruchwaldy in connection with bis frequent ab- sences from business, Mr. Cook ultimately wrote to Mr. Robinson on the 18th of August, 1897, formally complaining of Mr. Emsley's miscon duct and requesting that he should be taken away and some other man sent in his place. In cousequence of this Mr. Emsley was ordered to come to Hongkong, where he arrived on Sept. 24th, 1897, remaining in Mr. Robinson's employ until the 30th of September last. Mr. Robinson would tell bis lordship
|
these were the days o
on which it he was confined his room suffering from diarrhoea. At the Victoria Hotel on the same dates he also signed chits as well as on the 15th and 16th August.
carry on any such business as aforesaid in the colony of Hongkong or within 20 miles thereof without the consent of the plaintiff, and costs, An application was made some short time ago for an interlocutory injunction, and it was arranged, on his Lordship's enggestion, that the hearing of this notice of motion should be dealt with as a bearing of the snit, and a cross. suit pending in the Summary Court. Everything depended upon whether Mr. Rob inson was justified in dismissing Mr. Emsley on the 30th September last from his employ ment for misconduct. If Mr. Robinson was not justified in dismissing Mr. Emsley, with some trifling variations or corrections Mr. Emsley's claim in the summary, suit would of course stand. Mr. Robinson's claim for dam-that immediately on his arrival he had a ages for breach of contract would fall through, very serious conversation with Mr. Emsley as also his right to claim an injunction; so
and warned him against any repetition in that the whole case turned on the question Hongkong of his conduct in Singapore. Mr. as to what were the terms of Mr. Emsley's Einsley was absent from business on the 17th, contract with Mr. Robinson, and whether Mr 22nd, and 25th January, of this year. He was Emsley's conduct had been such during the time absent again on the 18th. 19th, 21st, and 24th he was in Mr. Robinson's employ as to justify May; again on the 13th, 16th, and 17th of Mr. Robinson in summarily dismissing him. June, aud for these absences he could give no Assuming that his lordship's decision on that reason or explanation or medical certificate or point would be in favour of Mr. Emsley there auything else. In February, 1898, Mr. Emsley would be after that the question as to whether was sent off to Shanghai, and on the 16th March under the circumstances Mr. Emsley would be he was sent on a trip up the Yangtsze as far as entitled to the damages he claimed which was Hankow. He was away 11 days. He returned an equivalent to a month's salary, but they could with practically no work done, and he admitted deal with that in detail a little later on. Mr. to Mr. Robinson on his return to Shaughai that Robinson's business was that of a musical in- he had been on the spree during the greater strument dealer, etc. He had a place of basi- portion of the time. His expenses for the 11 ness in Singapore, one in Hongkong, one in days' trip amounted to $95. His salary for the Shanghai, and one in Tientsin. His lordshipwould period was the equivalent of $50, making a total very easily understand that in a business upon the of $145. He had only done four days work abilits, of that character Mr. Rohiuson had to during the whole of those 11 days. The balance from business he had on occasions seen him at
depend very largely for the success of the business upou the steadiness, and upon the good condust of the persons he employed. If his traveller who was sent out to tane and repair was not sober and steady and was not a good man of business Mr. Robinson's connection would very soca go. If the man sent round instead of making the best of his time and getting through at each port as much work as he possibly could in the course of the day-that was to say, as much as he could reasonably be expected to get through-idled about and went on the spree, Mr. Robinson's business was bound to be seriously affected. His Lordship would easily see and understand that if a man who was employed as a tuner and repairer of musical instruments was a man who was a heavy drinker be would not say who was a drunkard, but a man who drank heavily and who lived in 21. dissipated fashion--he disqualified himself for his work, Such being the character of Mr. Robinson's business Mr. Emsley was engaged in England in the be- ginning of the year 1897, and the engagement was entered into on Mr. Robinson's behalf by a gentleman in Liverpool named Pearson. Mr. Francis read a letter sent by Mr. Pearson to Mr. Emsley and dated January 23rd, 1897, In this letter Mr. l'earson said Mr. Emsley's salary would be £15 sterling per month and the usual commission ou sales, etc. Mr. Emsley replied, confirming these terms. In the first instance Mr. Emsley went to Mr. Robinson's shop at Singapore. The sum of £36 158. was paid for his passage and the sum of £10 was advanced to him in England on account of his salary to be repaid at the rate of £2 108. per month. Mr. Emsley arrived in Singapore on the 16th March, 1897. He res mained at Mr. Robinson's place of business in Singapore for about six months, and during that time he was under the manager of the business down there a Mr. Cook-Mr. Robinson being down in Singapore for some portion of the time. From his arrival in March, 1897, up to some time in July, 1897, there were apparenlly no complaints against Mr. Emsley, but after that time Mr. Cook complained continually about his neglect of work and riotons behaviour. Mr. Cook would tell his lordship that although never seen drunk, it was evident Mr. Emsley was drinking heavily from time to time, and although capable of going to business be Was in an unfit state to do effectually the delicate business that he bad to do as tuner and repairer. The first trouble appar ently into which Mr. Emsley got when at Singapore was in connection with some riotons, behaviour on the premises of the P. and O. Company. It was made the subject of com-
Robert Charles Cook, manager in the em. ployment of Robinson and Company at Shang, hai and recently manager at Singapore, said he left Singapore on the 26th January, 1898, having been there since April, 1895. He was there as manager during 1897. At Singapore they re- paired pianos, sold all descriptions of instru- ments, were tuners, and sold music. Mr. Ems.. ley arrived in Singapore in March, 1897, and left some time in September in the same year. During a portion of the time Emsley was in Singapore they both resided at the Straits Hotel, and in consequence he saw something of him out of business hours. Emsley was a very hard drinker. at times. his necessarily made him incapable of doing the work the firm had for him to do. He bud on several occasions had to speak to Emsley on the subject of his drinking. They had frequently complaints from both subscribers and customers on account of the instrumenta not being tuned properly and his short visits, Witness sometimes had to go and do the work himself over again, bht en avoid friction he said nothing to Mr. Emsley. His absences from business were very frequent, he being princi- paly absent all day. The reason he used give for his absences was that he had been on the spree and that sometimes he had been sick. On some of the latter occasions wit- negs had seen him in bed, and as far as he could judge and from his own words he had been drinking over night. When absent
against him was $99 and 83.96-an advance the war and in the billiard room of the hotel which he had received on starting which made when absent on the plea of sickness. a total of $102.96, which Mr. Robinson claimed:
membered a trip made to the Native States in On his arrival back in Shanghai Mr. Emsley April or May of last year, and on Mr.
Emsley's remained there three days without reporting return complaints about bad work were sent in, himself to the firm or going near their place of
one gentleman calling at the store and saying business or doing any work for the firm. Mr. he wished he could see the man who had tuned Robinson then gave him notice on the 30th March
his piano. Mr. Emsley was not there at the that he should not require his services at the end time, and consequently the gentleman did not of April. Mr. Robinsou, however, after some
see him. As a result of Emsley's visit to serious conversation with Mr. Emsley, agreed the Native States there was a loss of $25 to to take him back again, and he was sent down the firm. When at Singapore Emsley spoke to Hongkong. From that time up to the time
about getting into trouble with the P. and of his dismissal Mr. Emsley had been known as O. Company through his damaging a lamp a hard drinker. He habitually during business and having a fight with one of the com. hours frequented the Grill Room, the Hong-pany's servants. It was early in May of last kong Hotel, and the Victoria Hotel. It was part of Mr. Emsley's duty to go to Macao every two months to tune pianos there, but he neglected his work so much that whereas when he commenced these visits to Macao the firm had 21 persons who regularly sub- scribed to have their pianos tuned the number had dropped to four, so that Mr. Robinson had been compelled to abandon the visits to Macao; because it would not pay with four subscribers. On the 15th and 16th August Mr. Emsley was absent from work without leave. He had asked on the 14th-Sunday-for half-an-hour's leave for the Monday to see a friend off, but he never made his appearance at business on the 15th or оп the 16th the whole of the days. He was also absent on the 26th, the 27th, and the 19th without leave. It was stated in various affidavits that he was sick and suffering from diarrhoea on those days. An affidavit had been made to the effect that he was confined to his room during these days, but be thought he should be able to satisfy his lordship that the greater part of this time he passed at the bar of the Grill Room. On the 30th August Mr. Emsley returned to business. Mr. Robinson suspended him for a couple of days while he was making up his mind what to do. He subsequently gave him a month's notice. During the month of September Mr. Lmsley was repeatedly absent again, and on leaving ou the 30th of September he took an engagement with Messrs. Lane, Crawford and Co. as a tuner on the 8th of October.
His Lordship-Then did he leave on the 30th September ?
Mr. Francis said yes, but he formally pre- sented himself one or two days afterwards and offered his services. Mr. Emsley's chits at Thomas's Grill Room for the month of August amounted to $42.95. On the 25th he signed chits for 30 75, $15, 8051; on the 27th $1.6 and $0′50; on the 28th $0-60, $0-75, and 8040; on the 29th $U-75, $u 65, $0.75, and $1.10, and
|
year that Mr. Robinson came down to Singa. pore. Witness was travelling for the firm the subsequent June and July. On his return he....... remembered Emsley being absent in August. While he was absent an order came in for him to tune a piano at Pahang, and he sent Emsley a letter telling him to go to Pahang by a par- ticular steamer leaving on the 19th August. Emsley had been absent from the 15th to the 18th, so far as witness knew without excuse. On the 26th August he sent a list of the work to be done to Mr. Emsley, who had sent for a list. Emsley gave no reason for his absence on the 26th and 27th August. On the 27th Emsley - wrote him a letter stating that he could not leave for Deli, first because of the short notice, secondly because he was suffering from an iufinenza cold, and thirdly because he was suffer- ing from the effects of a ricksha accident. When he saw Emsley he noticed that he had a black eye, and in explanation Emsley said he had had a few drinks and wishing to make the coolie go faster he leaned forward. The coolie lowered the shafts and in consequence he fell ont. Eventually Emsley did not go to Deli and thus lost a visit. He could not say what the loss was to the firm, but when he (witness) went there was a profit of from $100 to $150, On this ocasion Emsley was away from business: for 13 or 16 consecutive days from the 3rd September to the 16th September. During that time he saw him in bed and also saw him in the bar and in the billiard room. Emsley arrived from Pabang at eight o'clock. on the 22nd August, but he did not report him- self until the following day. In consequence. of al this witness wrote to Mr. Robinson and asked for Emsley to be removed. In reply Mr. Robinci yrote ordering him come to Hongkong. After he had given Emsley do. finite
e steamers. That was the time he lost thre strong ve for Hongkong be lost 18 or 16 days, and during that time he neither attended to business in Singapore
to
132