THE HONGKONG TELEGRAPH.. TUESDAY, JUNE 26, 1934.
MANAGER "FIRED" AT
MARCEL BUFFET'S OWNER SUED
POLICE STATION
Witness stated that on Septom- bor 16 he again went to the Buffet and found the cook in the shop with Adamson. He told him he did not want him in the shop, but Adamson refined to part with him. "Witno sent a letter to Adamson tolling him to dismiss the cook, which he subsequently
BAD LANGUAGE, DESCRIBED: COURT""
NO PLACE FOR LADIES ·
MR. ADAMSON'S CLAIM
Frank Lewiston Adamson, for-claim, the onus of opening would mer manager of a jazz band at the have been on him, and he would Gloucester Building, and Inter want to know Inter on why they manager of the Marcel Buffet, 70, had thus reduced their claim by Nathan Road, commenced a claim $9,000. Defendant did not know for damages for wrongful dismis- whether or not plaintiff had had sal against Nathan Blumenthal, any other employment since he proprietor of the Buffet, at the left the Marcel Cafe-he may have been a jazz band leader at å more Supreme Court this morning.
Originally his claim was for remunerative salary for all he $17,000 damages arid costs, but at know-but If he
had, it would the commencement of the hearing mitigate the damages,
The Chief Justice, ruling that his counsel stated that the elnimi for general damages would be the onus of opening was on defen- withdrawn and plaintiff would dant, Mr. Macnamara proceeded proceed with claims. for special with his cauc. damages amounting to $7,492.
Defendant, in a long statement
of particulars admits an agree-
ment to employ plaintiff and 'to
ADAMSON ENGAGED.
Defendant, he said, was a family
i
LITTLE GIRL'S DEATH
FUNERAL SERVICE AT CATHEDRAL
of
RADIO BROADCAST
TWO STUDIO CONCERTS
FOR TO-NIGHT
Broadenst from ZBW on 845 kilö- cycles:
4.30-7.30 p.m.. Chinese Programme, 7.30-10.30 p.m. European Pro- gramme,
Much sympathy is being felt for TO-DAY'S BROADCAST "From September 16 unill Sep-Lieut-Colonel and Mrs. Carring
in the death tember 25 he was still drinking ton-Sykes
their. the same as before. He is clever Barbara,
Ave-year-old at his business, my God! I had daughter, who passed away on un Interview with him on Septem. Sunday night. The funeral ser- ber 20 and found him drinking vice was held at St. John's with the cashier and told him that Cathedral yesterday, after which was not the way to control the the remains
were cremated at cash. The cash register always Bookunpoo, showed more
than was money
The Rev. J. N. Lewis Bryan officiated at the funeral service, handed over.
amongst those present being His Excellency Major General O. C. Borrelt and Mrs. Borrelt, the Hon.
"On the morning of October 5 as soon as I brought back a cashier, Adamson got up sudden ly and went out-finish.
Ifia Lordship: Adamson broke up the party.
Continuing, witness said he told Adamson
the shop to clone up when he came back, to which Adamson replied "No you old will close up when I feel like
"OLD FRIENDS.”
went
Sir Wam Shenton, Lt. Col. H.B.L Dowbiggin and other friends and sympathisers.
Among the large number of wreaths sent were the folowing: His Excellency Sir William and Lady Peel, Major General and "Mrs. O. C. Borrelt,
Commodore and Mrs. F. Elliot, His Honour Mr. Justice and Mrs. A. D. A. MacGregor, the Hon. Sir William Shonton, the Hon. Mr. and Mrs. C. Gordon Mackie, Lt. Commander and Mrs. F. H. E. Skyrme, Lt. Col. Bryden and Officers, R.A.M.C., Lt. Col. and Mrs. J. E. Fosken; Lt. II.K.S.B.R.A.; Lt. Col. and Mrs. Dowbiggin: Lt. Col. C. II. Kuhne, Major and Mrs. J. A. A. Griffin. Major and Mrs. A. C. Hancocks, Major and Mrs. E. F. W. Grellier. Major and Mrs. N. C. Parkes, Major and Mrs. S. D. Reid, Major and Mrs. E. B. Braster Creagh, W. F. Ryecroft, Chpt. and Mr. Capt. and Mrs. P. V. Williams, Capt. F. R. L. Mears, Capt. and Mr. E. Hague, Capt. W. J. Fennell and Lt. Tollington, Rev. und Mrs. J. Lewis Bryan.
7.30 p.m. Cloning Local Stock Qua- tations, ele.
7.33-8 p.m. Light Orchestral Music. Poet and Peasant-Overture (Suppo).
Percy Pitt and Augmented Sym
phony Orchestra, Merry Wives of Windsor (Nicolai).
Victor Symphony Orchesten. A Moxical Jig-Saw (arr. A. W.
Aston).
Regal Cinema Orchestra. A p.m. Local Time and Weather Report
8.03-8.40 pm. From the Studio, A Recital by Mr. Harry Oro'n Pupil
Programme.
(b) Fugue in F Sharp. (a) Fugue in D. le) To the Spring. (d).Sparks.
BACIL Bach. Grieg, Moazkovsky. Miss Ma Si Seung. Bach.
(b) Sonate, Pathetique, 1st Move- ment, Beethoven. (c) Nocturne in G.
di Fantaisie-Impromptu.
Chopin.
Chopin. Misa Troh Kit Ngan. Operatic.
"I turned to Richter," said wit- ness, and told him to call the Police. Adamson then closed up. This all happened after midnight, Adamson and his wife were in the afford him and his wife free menis man with two sons, who would give Bullet at the time together with Col. D. C. Wilson and Officers of 2. (a) Fugue in C Minor. but seeks to justify his dismissal evidence, and two daughters. He a man named Greenway. under ton allegations of miscon-ad been connected with buffets behind the counter and Adamson duct on the part of defendant and similar businesses for over 30 told Richter to go home. He then while acting as manager. He years in the Far East and had turned to mo and said "Come out stated that Adamson was drunk, been in Hongkong for three years, you old--and I will kick you.".
was during which time he had held a "I told Richter to go and as he Pervants. the ussaulted
June of went out he
Heized by familiar with them, and failed to publican's licence. In account for monies as he should last year. Blumenthal was, as how. Adamson and Greenway. I shout- Indisposed, and wished to take a ed "Call the Police" and pulled
In Richter back into the shop. counter-claim trip to Japan for his health.
went to the water "I then agree- for $598.12 and another unassess-that month, he signed an
ment employing Adamson дв
Creatore). Police Station and found Adamson ed amount,
隐 year, Adamson and Greenway already there. In hla opening address. Mr. manager for
His Lordship: Your old friends. Macnamara Bald his client. Mr. then being engaged in litigation
"YOU'RE FIRED!"
have done.
There is also a
It was Blumenthal, dismissed plaintiff at with his former manager.
cir-decided that David Blumenthal the Water Police Station in
should cumstances which would be revealed
evidence.
in
DETAILS OF CLAIM.
or
Was
.
a sum-
Mr. Macnamara: That's the American term for dismissal.
Witness: When I came back from Japan I nearly dropped dead to And so many bills and I asked Mr. Lanopart to go through the
bills and accounts.
supervise the business Witness: The Police Sergeant during his father's absence and told Richter to take out Leon Blumenthal, the
younger mons and I told Adamson, "You're brother, should collect the dally fired," cash takings. Plaintiff had said Plaintif, statement of claim he could influence business at the sets out that under an agreement buffet among American sailors, dated June 10, 1935, defendant Defendant was away from June to engaged him as manager or the September and he dismissed Adam- Marcel Buffet for a period of Guegon sometime between June 4
5 at Water Police Station. year. Defendant wrongfully ter-. minated his service and refused to employ him on October 5 of the Fame year and the present claim was for this breach of contract. The claim was for 40 per cent. of the net profita from October 5, 1933, to June 15, 1934, estimated at $0.488; meals for plaintiff and wife, three each dally for the same period, $1,004; general damages, $17,000, and casts.
ant.
STIPULATION MADE.
it was
· 8,40-9 p.m.
(Lovo is a Virtue Rare) (Maastret).
Marymo Beaujon (Soprano). Mefistofelo-Prologue (Bollo-urr. Mesotele--Selections (Belto-arr
Creatore).
Creatoro's Band. Trovatore-Vocal Gems (Verdi).
Grand Opera Company.
Thais l'Amour Est Une Vertu Rare
Költinsack (Offenbach).
Tudor Davis (Tenor), 9-9.30 p.m. From the Studio, "Topical Talks on the United King- dom" by Mr. G. C. Pelham (II. M. Trade Commissioner).
9.30-9.45 p.m, From the Studio, Mandolin Solon by Miņa Sudio Yuen.
Empress March.
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MACKINTOSH'S LTD
[TD
ARTS & CRAFTS
LIMITED
HAVE A LARGE SELECTION ¡OF
PRINTS
FROM
1.
Heath.
2. Pasual Waltz
King
1.
Kanchameha. Waltz.
King
Masquerade Waltz.
Lock.
5. The Mando Melody. Young. 4. N. C. 4.
Bigelon. 9.45-10.30 p.m. Variety and Dance
Other wreaths sont were from Omcers of the 8th Heavy Battery, RA, All Ranks, 9th Heavy Bat-Tales of Hoffman-The Legend of tery, 12th Heavy Battery, 20th Heavy Battery and 24th Heavy Battery: W.O., S. Sorgts, and Ser geants, Lyemua, Married families, Lyemun, N.C.O. Mess, Stonecutters, Onlcers of the Royal Engineers, Sergeant's Mess, H.K.S.B... R.A.
Stonecutters. Senior N.C.O. Mess, Lyomun; R.A., Married families
4. tar Headquarters, Sergeants' Moss; letter Questioned regarding a
Mr. sout to him by Adamson Mr. and Mrs. Ingram de Ville,
and Mrs. W. Löck, Richard The first witness was defending certain complaints,
Vera denied that unauthorised people Baworth, Elizabeth and Referring to the agreement, son.
had been interfering with Adam Black, John and Brenda Nos- Musle.
"I do not think anyone would worthy, Ken and Joan, June, John Song-I was in the Mood.
and Jean, and the President and SongWhy Don't they leave us. Mr. Blumenthal stated
Alone, Committee of the Garrison Wei- entered into on June 10, in the Ice interfere with him. He is like
tiger," he added.
Hildegardo. House Street Snack Counter. At the time he was in ill-health and
Organ Solos-Broadway Thru' a Mr. Macnamara: He also says fare Council.
Keyhole-Selection. contemplated going
In the letter that a great wrong has to Japan.
Organ Solos-Tako a Charco----
Selection. that he was not to buy or sell, or Before he went he told plaintiff been done to him.
Mr. Macnamara: He wrote to Pereira was "fired" or left of his
Terance Cancy Fox Trob-My 'Dancing Lady, engage servants,
without the you on September 20 asking for own accord.
on account-$160. Witness pointed out that Mr. Fox Trot-Sittin' on a Leg. consent of his son. He made that some money
Fran Frey and His Orchestrs.-- stipulation because he did not Did you give it to him?-Witness: Pereira left one day, laking the
No.
Looks, stating that he would work Vocal-Shuffle off to Buffalo. (know much about Mr. Adamson.
Witness stated that he returned Did you ever speak to him about on them. Nothing however, had Vocal-You're Getting to be a DEFENDANT'S ALLECATIONS.
boon done when the books came
flabit with Ste. from Japan on September 13 and these matters? Yes.
The Four Musketeers. Peroira Had he had any money since he back, and in giving Mr. his statement, on that night noticed that many Defendant, in
Piano Duct Ain't She the Dainty. notice, witness made the payment Piano Duet-I Want & Fair and admitted that he was the proprietor changes had been minde. He went started?—Yes. $300-
of a month's salary conditional on
Squaro Man. of the Buffet, that plaintiff was to No. 73 to see Mr. Adamson and
the books being duly posted up, employed there under an agree there was "a smell of onions and ment to pay 40 per cent, of the potatoes stinking the whole place." Then on the 27th. you wrote work for which he had been paid. In reply to another question, profits and provide free meals. He investigated and found that objecting to the presence of the witness said he had never thought He denied that Adamson was Adamson had made
had small discharged cook, anying he 11 wrongfully dismissed or that he kitchen out of a small office room. been discharged for drinking and of making Mr. Pereira managery Fox
nor had he increased his salary Waltz Unless. "At about 12.30 a.m., I heard a making inauiting remarks to you? from $30 to $60 on that account. was injured in his credit reputation; and he accused Adam-noine downstairs and when I went-Yes.
Regarding the engagement of of perpetual drunkenness, down I found the shop was still Then you wrote another letter | causing or permitting the Buffet open. Adamaon, his wife and an on October & confirming the dia-Mr. Adamson, witness to be open after the legal hours American Chinese cook were in missal you had made at the Police agree that he had seen in the eng- and thereby endangering the Heente the buffai. thought the cook Station about 1.30 am.. and after agement the advantage of having of the house; assaulting Erich was a customer.
a great deal of correspondence an American manager to look Richter, manager of the Marcel! "I told him to close the shop. with lawyers, Adamson brought after a business that was mostly Cafe; being unduly familiar with The next night the same thing this action for wrongful dismiss patronised by Americans from UNMUZZLED DOGS
ships.
The counter-claim wag for $598.- 12 money lent to Adamson; re- payment of whatever amount was found to be due from Adamson to defendant.
ноп
or
I
"
LOSS OF REPUTATION.
did
not
"NOT A COPPER."
in the form of chits. "Not a copper have seen," witness de-
lared to the Court.
the servants employed at the occurred and I told Adamsop that al? Yes. Buffet; using profane and or I would lose my licence."
What was the amount of dam-
He agreed that business increas- obscene language: falling 1x Mr. Macnamara:I want to ages he originally claimed against manger to account for money ask Mr. Blumenthal what Adam- you 7--$17,000 for wrongful dised after Mr. Adamson's engage- ment, but pointed out that it was behalf of son's reply was. I received by him on
an afraid missal and loss of reputation. Blumenthal: failing to keep proper the language is, rather disagree. Did you think that justifled books and accounts; frequently uble and 1 notice there are some No. being drunk in the Buffet and thus indies present. Could they leave endangering the licence; being the Court for a moment? drunk on September 7, and assault The Court was then cleared potation?-Yea. ing servants by throwing bottles while witness repeated plaintiff's and trays at them, causing them
employment;
alleged remarks.
has
You know now that ho dropped the claim for loss of re-
I think it is just as well. Cross examined, witness maid he to lenve their
knew Mr. Lanspart well.. "He is DRUNKENNESS ALLEGED. a well-known nudist. There was engaging two children about ten
any difference between years old as servants without Continuing his evidence, wit-never
eyes went bir Adamson, Lanepart and himself keep sorvants in proper control, and his mouth goes to one side about the accounts.
Witness, in answer to another Mr. II. C. Macnamara, instructed the American style. Whisky or by Mr. It. H. Cole, of Hall, Brutton beer made him like that out question and he was quite satis- and Co., appeared for defendant know which. When a man drinks,fed with Guelati, and Mr. Leo D'Almada, junr, one wants to sing, another wants except when he made a few mis instructed by Mr, M. A. da Silva, to cry and another wants to takea with his fingers on the cash
register.
authority and necessity; failing to neas sald:“"Ills
of Remedios and Silva, represented į fight." plaintiff.
→
Mr. Macnamara-You think he The case was heard by the was drunk then? Chiof Justlee, Mr. A. D. A. Witness:Yes. ! asked who MacGregor,
the Chluaman wag and was told that he was Adamson's private cook. I then told the other ner- vants not to give him anything.
COOK IN SHOP.
He was left with a loss of $6,000, and without any accounts properly to show how that loss had been sustained.
Carroll Gibbons and John W. Green. Instrumental-Looking for you. Instrumental-An Old Violin.
Albert Sandler (Violin) with Olive Groves (Soprano).
Trot-Faint is (S
The B. B. C. Dance Orchestra." 10.30 p.m. Rugby Mid-Day Press News.
10.35 p.m. Close Down,
KOWLOON TONG OWNERS FINED.
A. Mackenzie, of No. 12 Suffolk Road, Kowloon Tong, was fined $10 by Mr. Wynne-Jones at the Kowloon Magistracy this morning for allowing his dog to wander about In Suffolk Road without a. muzzle on June 6 at 7 a.m.
A fine of $8 was imposed on Mr. J. M. D'Almada of No. 22 Kent Road for allowing his dog out in Waterloo Road without a muzzle F at 6.25 n.m. on May 24. His Worship remarked that he did not increase the fine in this case
out before he had issued hie because the summonia warning.
Regarding witness's previoun statement that Mr. Adamson was unduly familiar with the servants, Counsel asked if it was not fact that far from Mr. Adamson using bad language, Mr. Adamson had turned out customers from his enshier, the Cafe for doing so,
THE BOOKS,
110
Witness replied that he would, have liked Mr. Adamson botter if he had done what he claimed to have done. As it was he had knowledge of the incidents in Counsel questioned witness re-question.
The hearing was adjourned garding the position of Mr. Pereira in the Cafe, whether Mr. until this afternoon.
DAY BY DAY NEWS IN BRIEF "STATES ARE MADH FOR MAN AND Two casos of small-pox were NOT MAN FOR STATES"-II. G. Wells,ported to the local health nuthorities
during the week-end.
T
The submarinen Oswald and Ostrik and arg
MISCONDUCT ISSUE. Mr. D'Almada sidd he wished to abandon the general claim for $17,000 which was originally in- tended to cover the special "The following night. I found damages; he was confining him the same thing. The shop had not self now to the special claims for been closed by half past twelve. The success of the Craigengowor commission And meals. The Adamson's cook asked for hin Cricket Club whist drivca having been assessment of the damages would pay and I told him "No" ns I had fly established, it is arranged to left Welheiwei yesterday be taken before tho Registrar and not engaged him. Then Adamson hold another drive for members and expected to arrivo in Hongkong on the main question before the court began talking his mouth and their friends at the club on Saturday July 1.
evening next. was the allegations of misconduct, had the "cook, in arma," Mr.
To avold clashing with other func- Committee of H.M.S. The onus of opening was on the Richter was also in the shop, It is notified that the $600 netestions, tile defendant, because the plaintif Mr. Macnamara:-Mr. Achter of the Hongkong & Shanghal Bank-Tamar, have, in future, decided to could not be expecled to Answer has not been introduced to his ing Corporation, Hongkong, of the hold their Whist Drivos fortnightly
dated int IBSUO
July, 1930, are instead of weekly. Conscquently accusations he know nothing about, Lordship yet.
Mr. Macnamara sald that had Is Lordship:Only in
cor-being freely accepted and exchanged, there, will be no Whist Drive on Fri
among the members of the Exchange day next, and the next will take place plaintiff not abandoned his generali respondence.
Bankers Association,
on Friday, July 6.
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