225
SUPREME COURT.
A Peculiar Ágreement.
Master and Servant.
Another interesting caso was commoaced Tuesday in. tho Supreme Court, whou, before the Chief Justice, Sir Francis Piggott, and a special jury, J. II. Oxberry suod, frod. Reichmann of thố Grand Hotel for damages for breach of an agreement.
For the defendant.
THE HONGKONG TELEGR
The particulars of tho claim wero as follows:--
28 months' salary at $200 per month, $5,000.
28 months' bourd and lodging, for plaintiff nad his wife, at $150 por month, $4,200, *
28 months' loss of commission
on passengers, it $20 a month $580. Total $10,360. In the alternativo the plaintiff claimed damagos.
The Defence.
SATURDAY, JUNE 17 1911
apparently
Continuing Counsel said the matter to slide, wisely or unwise-table
incapable. Hongkong Cool for 12 years?→→→→ first part of the clauso dealt with ly. During January, Mr. Oxborry" Dazed with drink," proceeded believe so. ordinary drunkenness and the took more drink than was good Mr. Potter, "and with, what we He had no written agreemont casual deroliotions of duty. These for him, and towards the end of thought, the bar takings in his ut the Hongkong Ilotel?—I do ware to be punished, not by the January he caused considerable hands. You know the condition," not believe he had. tormination of the agreement but trouble. The plaintiff had boon ho said turning to the jury.
And that was the inducement
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COMMERCIAL.
Reported Gold Find in Perak
A rumour was curront in Ipoh
on Saturday, says tho "Times of Malaya," that Towkay Foo Choo
by the suspension of the salary. on a P. & O. boat; and ho return- At the samo lime drinks were you hold out to him to go to you; If Mr. Oxborry, from any cause ed to the hotel about 11 o'clock served in the bar. That was 12- that you would give him a three
Choon had "struck it rich" on his arising from his own conduct, in the morning, obviously under 40. If the police had had the years" contract? Yes.
Do you deny that Mr. Ox-gold-bearing laud in the Batang were unable to perform his duties the influenco of drink, Mr. Reich-misfortune to onter the hotel at for no month then the agreement mann warned him to keep off the that uwment," Mr. Reichmansberry left the Hongkong Hool Padang district, the report, which could bo torminated.
drink. The plaintiff, howevor, would have boon in danger of with an excollont character in came from a Chinese source, boing Ho submitted that judgment remained in the bar from 11 losing his licenco..
Jovory rospect I did not soo it.
should be givon in his favour and until 2, drinking the greator part The hotel was not cloned," Do you dony it? No, I should that "gold was being found in big In his statement of defones, the the question of damages should of the time. He at length became went on Mr. Potter, emphasizing think he would have a good chor- lumps." Mr. Foo Choon's son Sir If. Berkeley, K.C., instruct-defendant said that certain terms
go to the jury.
intoxicated, so intoxicated that his words, " visitors, word oponly nuter.
jconfirmed the report of a strike of od by Mr. P. W. Goldring, was under tho, ngreombat of claim,
Mr. Pottor said his friend's had to be taken to his room, and getting drink and food, and the His Lordship: But the con- for the plaintiff and Mr. Eldon were not "oxpressly agreed, contention reduced the whole ho remained there until 7 o'clock nunger sitting in a drunken construction is that the character rich patch of ground on his Potter instructed by Mr. Gardner The defendant adinitled that the thing to an absurdity. The plain in the evening. He presunied dition. Whunt would the Liccas would be given to Mr. Reich father's gold mine at Batang
plaintiff ontored his service où
| Padang, and said that for the past The plaintiff's claim was for the 8th August, 1910, and that he tiff, according to the argument that the plaintiff slept it off, but a ing Committee have thought?" mann. That was not so.
could refuse to do any work from manager was not employ od to de
"Position Intolerable." Sir Honry: Can you give any couple of months they had beon $10,300, damingos suffered by caused his solicitor to write the the first day, and the defendant that sort of thing. Mr. Reichmano "If we can prove that, and reasonable, explanation why Mr. | Ginding gold in highly satisfactory plaintiff by ronson of the defend- lottor of the 11th April, 1911, would have to pay his salary, took him to his office, and spoke I venture to think we can prove xberry should suddenly turn ant's breach of a contract of giving the plaintiff notice thant
lis Lordship: But there with him quiotly, but Mr. Oxberry said Mr. Potter concluding, like you say he did: that he/antitios, In Perak, in the employmentdated the 8th August, the agreement was torminatod.is a chuse with reference became excited, and said he was what do you think of the should have fronted you as a ser- Batang Padang district, alluvial 1910..
The defendant stated that undor to the suspension of salary, not a coolie or a head-waiter. lle condition of the plaintiff, and vul and in an insolont manner? gold has been found on either The statement of claim sot out the agreement, and before the What the plaintiff would was managor, and practically told do you think we were justified-No. that the plaintiff was a hotel alleged breach, the plaintiff mis-
conducted himself in the said here bring hormont for Mr. John that he was going in dismissing him?" Mr. Reich-
throo years (laughter.)
mi, employed or
Frequently Becoming Intoxicated
and would provide him and his shall see.
|
to do as he liked. What he intend-
called a festive season, but a
manogor.
bank of the Sungoi Batang
dinkenness and insolence you more drink that was good for they had discovered-and they Henry asked the defendant:
were quite entitled to bring what I want to put it fairly to you, country have allowed it to collect
remainod in tho and in the bar,
to meet them.
not.
Mr. Reichmann's Evidence
St. Clair-Jacks.
Redgang, Lebong and Simat Gold Mines. An abstract from the accounts of the Redjang Lebong and the the Simau gold mines for the month of March, published in the
account.
I put it to you that it is abso-Padang, and has also boon found runnor and mannger, and re-
nmongst the tin in the vicinity of Hided at No. 26, Leyton Hillservice by unlawfully disobeying
Mr. Potter said that if his Lord-ed to suggest was that MF. Reich: considered the position lutely untrue ?-No, it is true.
Can you account for the rou-honderiang and Brusel. It is a Road. The defendant was pro- the reasonable orders of the de-ship said that was the meaning of mana could not got on without intolerable, and he was sent a
lotter dismissing. him. Rich-son why Mr. Oxborry should striking fact that this gold is prietor of the Grand Hotel, Byan fendant. The plaintiff, in the the contract, then he would say no him, and he was going to do as he
mann saw it was impossible studdouly turn into this insolent, found on exactly the opposite side agrooment in writing dated 8th course of the said service, by inore.
liked. The next occasion was on that condition of things should subordinate, domineering cron of the main range of mountains which runs down the contro of the August, 1910, ando butween the
His Lordship: I have some the 14th February, the race week. continue. It was not safe to turo he was?-No, I cannot. plaintiff and the defendant, the
liticalty in holding otherwise lo did not know whether that was have a
Can you account for this mot-Malay Peninsula and cuts off the mada like that as; defendant agreed to employ the
The letter was sent amorphosis?-No, except he had Raub gold district from Porak.. plaintiff as manager in and about and by using abusive language under the contract,
Mr. Potter: I don't think manager of a hotel was not sup to him on the 11th of April. a swelled head.
An oxport has given the opinion the defendant's business of hotel to the defendant, and by con-
That intoxicated. That was what Mr. that was bad enough. Since Yes.
not all. All He got too big for his boots that while there is a large quantity keeper for the term of 3 years from stantly neglecting his duties in your Lordship will have any posed to go to the races and get
of gold in the Fedorated -Malay difliculty. the 8th day of August, 1910, and the said service, and failing to
His Lordship: If you prove the mace obviously having had Oxberry did. 'He came back from
Mr. Oxberry was dismissed On resuming after tillin, Sir States, the trouble is that the early the plaintiff agread to serve the perform the same, and the lo
disturbances and the nature of the dofondant in the capacity of fondant therefore, diselarged the manager, and to perform his duties plaintiff from the said servico, come within the common law."
Mr. Pottor: Yes, but I havo him. Ho
had occurred since, as His Lord- that the statements you have in numberless and widely dis under the direction and orders of which is tho alloged breach.
also noglect. I think your Lord-Louge the defendant for the said torm, of
The plaintiff, in reply, said that ship agreas with me that my drinking to 9.30, and then he had ship had said that they could made regarding Mr. Oxberry are tributed small fissures, instead of
And I put it to you that this is defined lodes. three yours, and perform all the oven if he had boon guilty of such friend's contention reduces the to go to his room. Mr. Reichmann make use of anything they had untrue?They are perfectly true. forcing it to segregate in a few- lawful orders relating to tho busi-alleged misconduct, which he agreement to an absurdity.
had to do all the work during this discovered since that the plain- noss of the defendauf, and, to be denied, he was, nevertheless, by deligent and faithful in the dis the expressed terms of the that the agreement was not drawn Reichmann spoke to the plaintiff, not go out to meet them, on the
His Lordship: It might show time. The next morning Mr.tiff, instead of meeting steamers, simply an excuse for you breaking
as was his duty, ho frequently did the agreement? No:
You dismissed him because his elargo of his dution. The plaintiff contract, entitled to bo re-
conduct was detrimental to the further agreed with the defendant tained in the service of tho P with as much care as it might and he intimated that he was that all."
havo beon.
trying to bos botter buy (luughtor). Instead of mooting them ho interests of your hotel? Yes. that the wife of the plaintiff defendant for the full term of Mr. Potter: I agree. After He continued to take more drink, frequently, not always, but, said should, during the said form of the agreed period, subject only ensos had been cited by defen-however, and this state of things Mr. Potter" we will say on a num-INTERESTING WEDDING. Financial supplement of the "Java throo years, employ herself in and to a just and reasonable suspendant's counsel, His Lordship said continent. until the Dil April. bar of occasions," ho did not about the said Business of the sion of salary.
Budo",of May 27, gives the follow- Sir Henry's point failed:
On that day, which was a Sunday,
ing figuren-itedjang Lebon, defendant, and superviso any an-
Sir Henry Borkoloy was about Sir Houry citad a further ense,
he told Mr. Reichmann that ho attempt to meet the steamers but,
output of gold 7,207.4 ozs., nexe or nanaxes to his business to address the court when Mr. but his Lordship intervened, stat- did not care what bocame of the instond, sent the No. 2 Chinaman thit the defendant may have dur- Potter reso and said —
A very pretty wedding was silver 37,870.5 oz, valued at ing the said torm, and the plaintiff
ing he had no right of reply on hotel, it could go to~Mrs. Reich-
We dismissed Mr. Oxberry on solemnized at St. John's Cathedral 413,074.10. The working ex- There is a preliminary point an interlocutory point,
mann and Mrs. Oxberry at had the 11th April and on the agreed that he and his wife would ;.
as to who ought to begin in this Sir Henry Berkeley's point fail. little dispute with regard to 12th ho served a writ for 10,360 this afternoon, the contracting penses were £177,759.52 on the Devote their Whole Time case. This is an action for wrong-ing Mr. Potter opened and told some curtains, and the plaintiff dollars for wrongful dismissal. parties boing Captain C. I profit and loss account and to the servicesof the defondant, ful dismissal. I admit the agree-the jury that the action was for said he would have no inter- "It is for you to say," said Mr. Douglas St. Clair, A.S.O., and 14,000.85 on capital account. and wild not lie interest-mont; I admit everything but Ewrongful dismissal. lis. olient forened, as he was the manngor. Potter again, turning to the jury: Jacks. The bride was charmingly 1,901.30 oz., silver 5,082. 0%. Agatha Mary, sister of Mr. Philip Cho Siman output of gold was concerned justify the dismissal because this said that he was justified in dis-n the next day, Monday, the whether he is to got a cont or not. in any other business, and man misconducted himself. This missing its plaintiff and it was defondant told the plaintiff that
attired in a robe of white satin Falued at 1.102,114.05. The work- would not divulge, or disclose is the only issue which the jury for the jury to try whether, that he wished a temporary bar to be
trimmed with laco, and chiffon, exponsos were 1.75,390.39 any of tho sourat concorns or has to try and the onus lies on was so or no. The defendant erected at the Theatro Itoyal, and Mr. Itolchunaon entering the and she wore a tulle veil. Her against profit and loss account affairs of the defendant, and the ano. I think I am entitled to begin camo to Hongkong in November that he (the plaintiff) was to look witness box gure evidence cor- bridesmaids were Misses Bridges and 1.23,521.71 against capital defendant agreed to pay to the as far as the jury is concerned. 1909) and bought the Grand Hotel, after it. The plaintiff did not roborative of Mr. Pottor's state- Polips and Alison Talloch,
Lieutenant Noel J. Williams of】 Construction of New Railway, plaintiff a salary of $200 a month, Sir 1. Berkeley-Well, we paying a largo sun, a very large lo so, however, but during the ment.
Mr. Potter: Ild you any motivo the Army Service Corps was the The American Charge d'Affairs. sum, and after purchasing the evening, Mr. Reichman saw him wifeth free board and lodging,, His Lordship-The case is ad- hotel, exponding another sum of much tho worse for drink. for getting rid of Mr. Oxberry? beat man. The bride's gift to the in Bangkok is informed that ar and with liquid refreshment tonitted except justification? $20,000 in improvements. De- *Seated with Bland ladlifeg-
Mr. Reichmann: No, certainly bridegroom was a gold mounted rangements have been completed the extent of $30 a month. It Mr. Potier: That is so. fendant was a stranger to long-
If he had carried out ambrose cigarette holder and the for floating a loan of 100,000,000. ence." was expressly aged between the Sir II. Berkeley was going kong, ho did not know the people, Continuing Mr. Potter said that is duty, not got drank and bridegroom's present to his bride francs, which will be taken up by plaintiff and the defendant that if to put it to you; wo will don with and he was not used to the cus-Mr. Reichmann wont into this only only have boat too pleased to lave Rev. W. H. Foster Pegg, Chaplain of a railway from Baitambong, to carried out my orders I. would was a gold chain bracelet. The French banks, for the construction the plaintiff and his wife" the point directly.
toms of the Chinese and Chinese temporary bar erected in the Dress should at any time "unlawfully Mr. Potter:-My friend cannot servants. The hotel business Circle, tiirce parts of the counter
kopt him ou
to the Forces, was the officiating Pnom Penh, to fucilitate traffic neglect or refuse or becamonnable open.
was an unknown quantity to him of which was covered with cloth
Mr. Potter: Did you agree to minister, assisted by the Rev. F. between Saigon, in Cochin-Chino, from illness occasioned by his or
and Bangkok. The country her own misconduct," to comply to open the pleadings, I won't pro-long in finding out that it was after it.
Sir H. Berkeley1 am going and therefore he was not very ing. Mr. Oxberry was not looking give him 50 cents for every pas-, Johnson.
through which the railway will with the provisions of the said judice any right' that my friend essential to get hold of a good Reielmann went out to see him 50 dollars a year riso?
At the interval Mr. songer he brought and to give!
DEATH OF MRS. HANCE: development in the past few years. lie has undergone unprecedented agreement or to obey any of the might have. My Lord, this is an runner, a man who could act as things were going and he could
Mr. Reichmann: Yos. lawful orders" of the defendant," action for breach of contraet in manager and supervise the work-not discover any trace of plaintiff.
Mr. Potter: That is over and
Rubbor, sugar, rico, and inaiza. We regret to announce the it should be lawful for the defend-which the plaintiff claims special ing of the hotel. It was in July He was not there, he was not
above the agreement?
death of Mrs. C. P. Hance, which the region.
are among the chief products of ant to suspend the salary of the damages or in the alternative of last year under those circum-supervising the work, and Mr.
Mr. Reichmann: Yos.
sad ovent occurred Monday at plaintill during such neglect, re-ordinary damages.
stances that tho defendant came Raichmann had to do the work
Sir Henry Berkeley then com her residence, No. 7, Seymour 5.000.000 Taels for Development futsal or inability as aforesaid," After opening the ploudings into contact with the plaintiff. himself.
menced his cross-examination.
Torrace. It was further expressly agreed which are set out above, Sir In July last Mr. Reichmann came
If it is true that from January
The At the second. Interval Mr. Mr. Oxborry had been drinking, Page Hauco was the widow Chronicle," that certain salt nier- late Mrs. Charlotto It is reported, says the "Japan hotween the plaintiff and the leary Berkeloy said if the point into contact with the plaintiff, and Reichmann went out again, the and misbehaving himself and of the late Dr. II. F. Hance, chants in Pechili borrowed 5,000,- dofendant that in case of the he was going to take weroa sound he agreed to employ him as run plaintiff was then at the bar. treating you as a servant and as Ph. D., FL.S., who was British 000 taels from the Hongkong and illness of the plaintiff or his wife and the parties had entered ner and manager of the Grand He was leaning against tho if he were the proprietor, why Consul at Whampoa and after-Shanghai Banking Corporation from any cause from hisown fault, into an agreement by which the Hotel, at a salary of $200 a month. tablo, which stood for a bar did you stand that sort of wards at Amoy. Dr. Iance was and Doutsche-Asiatische Bank for which should be of ancli u sovero tormination of employment had the did not know what the plain-smoking and drinking. "That was conduct so long?-Because I nature as to relor in or her been lost and some other remedy tiff was going to suggest with re- the way," said Mr. Potter, **he
an ominent botanist, undoubtedy the dovolopment, of the sult in unable for one month to perform substituted, there was no necessity gard to the motive, but it would was supervising the bar." Before
did not want to suck the the greatest botanist that lind dustry. Disputes have broken out his or her duties as aforesaid, the to retain the jury. His Lordship not be suggested that he was being the performance concluded it be man; I didn's want to live over lived in South China, and among the salt-merchants con- dofondant might forminute the would perhaps decide the point ruled by a motive of wanting to came necessary for Mr. Reichmane change in the hotel. I tried to when he died his herbarium of corned and the situation is made said agreement of the plaintiff first and the jury could go till get rid of Mr. Oxberry, for he was to return to his hotel and he pull him round, and I told him some 22,000 specimens was worse by the transfer of the Chi- upon one month's notice in writing twelve o'clock. The defendant wanting a man to look after things found Mr. Oxberry was there. hotel any goud to get rid of mon a very high compliment to any sponsible for contracting the loun.. to do so. It does not do a bought by the British Museum, note Commissioner who was re- without the payment of salary be-
for him. There was no earthly He (Mr. Reichmann) remained yond the date of expiration of the
Denied the Allegations said last mentioned notico. The of misconduct entirely
reason why the defondant should thore for a short time and then went overy day, and you cannot get a botanist. His library was a vary in these circumstances the salt and get rid of the plaintiff, unless, as to the theatre. As he was coming
man every day in Hongkong. largo and valuable one containing business is going from bad to plaintiff and his wife served the contended that the agreement they said, the plaintiff niscop-out of his own hotel he found duct, and submitted to being subject in which he was most are getting more and more com- So you put up with that con- many rare works dealing with the to worse, causing disputes which defendant faithfully and diligently was not
could ducted bimself. The plaintiff there was a row going on between treated like a servant in you own interested, until the 11th day April, 1911. bo terminated by one party commenced work on the 1st Sep.
Io was for many plicated. On that date the defendant, by bocause of the misconduct of the tomber, Mr. Reichmann previously man. Mr. Oxberry was within European and an Indian watch-
hotel ?-Yes.
years prominently associated letter, addressed to the plaintiff, athor or for any reason whatever having made enquiries as to his a few yards of the scene. He did
Now as a matter of fact the with the Botanical Gardens dur- summarily
except that in the agreementitself character. These enquiries had not raiso one finger to stop the letter that you sent to Mr. Ox-
plants were named after him. without stating any reason for entered into an agreement which him to understand that he was blend indifference, smoking a
Since her husband's death, 25 so doing, and refused to al-placed themonadifferont position either a toototaller or practically cigar. low the plaintiff to continue in from which was ordinarily occup-so. All things went on very well
ago, Mr. Hanco, who was Miss Kneebone, has been a his service and refused to pay jed by mantor and servant. This for threo months. Everything
resident of Hongkong. the plaintiff his salary, and gon-was not an notion which was to was done as they hoped they
I put it to you then that you She had been confined to her erally refused to perform the be regarded as one for wrongful would be done. He attended to
Mr. Reichmaan then wont to sent this letter of dismissal with-rooin since December last with terms of the said agreement of disinissal:. It · WES ono for his duties, visited ships, and car- the theatroand had to close the bar in 2 days after the little dispute? cancer in the face and her suffer- the 8th August, 1910, although domingos for breach of an oxpress ried out his portion of the contract. himself. He returned to his hotel Yes,
ing was intense. She leaves & the plaintiff and his wife wore, agreement. To submitted that But at Christmas time, he might aliout 12-10. When he arrived
And that the real cause of you daughter hero, and two sons, one and always have been, able and the agreement limited Mr. Reich may the trouble began. At Christ- he was much astonished to find his dismissing: Mr. Oxberry was the in Shanghai and another in ready and willing to perform his mann's powers to terminate the mas time the plaintiff took hotel was not closed; the private conduct of Mrs. Reichmann and Swalow, to mourn her loss: und her duties under the said agreement to the happening of one more drink than was good for bar was open and drinks were Mre. Uxberry having had a quar- agreement. By the btouch of the contingency and one only, name-him. It may be that the Loing served, 'A party of stran- rol, and that you actel under your said agreement the plaintiff had ly the inability of Mr. Oxberry time was a fostive occasion, and gors wore in the dining room and wife's influence?-No, that is not lost the amount of the said salary and his wife, through illness, to Mr. Reichmannaaid nothing about the members of that party were 80. and other emolument from tho perform the duties for the space it. At any rate, he (Mr. Potter) being served with drinks.
You approached Mr. Oxberry date of the broach to the end of of one month and upon giving was not going to say that that That was a serious breach of first of all with regard to employ- the agreed period, and the plain-one month's notice the engage justified his dismissal. The the licensing laws. In the privateing him ?—Yes. tiff claime the full amount of the ment could be terminated. trouble re-occurred at Now Your. bar he (Mr. Reichmann) found He was then employed as run-telegrams referring to the nation form of bank domand drafts on agrood salary and emolument, His Lordship It is not usual It may be the result of the fostive the plaintiff sonted in a half ner of the Hongkong Hotel? of the Government in nationaliz- London favouring the Corporation and by way of liquidated dom- to call drunkenness an illness 7-00800, but they did not make drunken condition and dazed. Yes.
ing the railways should not be and to certify payment of the
Loall on share certificated: Sir H. Berkeley › No, my Lord, any trouble. They allowed the He
#oated
He had been so employed in the despstobed
Terminated the Agreement
ono
which
of Salt Trade.
Malacca Rubber Auction- ̧· The following prices werd.
the Malacen auction mart, on Saturday Inst:-.
The plaintiff and the defendant boon very favourable, and he gave quarrel. Instead, hosat down with berry dismissing him was writing which period a number of realized on the sale of rubber at
"Serious Breach of Licensing Laws."
ton the morning after the little dispute which had occurred be- tween your wife and Mrs. Reich-years mann ?-Yes,
Stoppage of Telegrams.
+
Fine Sheet, $220.50 per pivul. Sheet, $220.50 per picul." Bark Crepo, 8155.75 per picul. All lots were sold and bidding was keen,
Colonial Rubber and Produce, Investment Corporation, Ld Mesara, Guthrie and Co. informas
the Straits Times" that a call of 28. 01. por share has been made on the shares of the Colonial Rub ber and Produce Investment Cor It is reported that the Telegraph poration, Ltd., payable in London Office in Canton is in receipt of a on June 19. Mosers. Guthrie and telegram from the Board of Com Co. are authorised to receive pay. munications to the effect that all ments against this call, in tho...