1933-06-01 — Page 7

RESTAURANT

MANAGER AND

MR. P. I. NEWMAN SUED BY MR. F. L. ADAMSON

Were the Boys, the Trumpet, or the Floor, to Blame?

Mr. F. L. Adamson, batter known professionally as **Dick ** Adamson, was the plaintiff yesterday in an action balore the Pulane Judge, Mr. Justice' Lindsell, a claim being made for $1,000 damages | against Mr. Percy Ingram Newman, manager of Gloucester Build- ing.

Mr. Adamson used to be the leader of the Gloucester Building" danca orchestra and is suing Mr. Newman for slander and libel,

SOLICITOR'S OPENING STATEMENT

Mr. M. A da Silva, of Messrs. D'Almada, Remedios, and Silva, was for plaintiff, and Mr. W. A. Mackinlay, of Messrs. Deacons, was tor defendant.

HONG KONG DAILY PRESS, THURSDAY, JUNE 1, 1933

ORCHESTRA

LEADER THE A.P.C. FIRE

formed the plaintiff that if he Two Workmen Injured in

would sign the agreement for the purpose of record he would see Mr. Greenhill, the Secretary of the Hong Kong Land Investment Com- pany and have 靄 new contract

ExplosionTM

draw up and suggested in the SERIOUS DANGER AVERTED meantime the plaintiff should sign- the contract, which he did in the expectation that the subsequent new contract would be duly drawn up. It was about this time that the plaintiff was asked to bring in another member of the orchestra and his salary was accordingly

increased to $1,700,

Several days later, the plaintiff's wife went to Gloucester Building

and had

& mijen} there and

after the meal a chit was brought by the bay for the plain tiff's signature. He protested to Mr. Gladstone, informing him of the arrangement with Mr. New- man was that his wife was to have meals free, but in spite of the protest to the defendant on many occasions this happened and the Plain-plaintiff never obtained satisfac- tion and on each occasion his wife had her meals, the plaintiff bad to sign the chit and had to pay

consisting of six qualified musi cians, including himself. tiff's wife and he himself were to be given free board and lodging at Gloucester Building and the other

were soven tea-dances a week and

The statement of claim sets out

members of the orchestra were tu for it. that plaintiff is a musical direc during employment. Working hours be given free tiina and dinners tor and a player of the saxophone, etarinet and trumpet carrying on business in Hong Kong; and that two dinner-dances and there was an defendant is the manager of the option for the plaintiff to obtain Gloucester Building (Residential).such work did not clash with the outride employment as long as On January 31, 1933, defendant Gloucester Building engagement. Falsely and maliciously wrote to The period of agreement was six

he plaintiff and published to a months. Mrs. M. M. Drake of the plaintiff and of him in the way of his busi- ness the following words:

The Floor Sticky.

work

Why Business Was Lost. Business from the opening (Octo- ber 28) until November 33 was from time to time complaints were exceptionally good excepting that made to Mr. Newman, Mr. Glad stone and to the plaintiff on various occasions about the floor being sticky and unfit for dancing, about the lighting being ghastly, and about pillars in the middle of the floor and about the bad service by the waiters.

Mr. Justice Lindsell: What has bad servios by the waiters got to do with orchestra?

The band started

in Driving Customers Away."

Gloucester Building on October 26. The next day defendant told the "With reference to your orchestra, ' plaintiff that he had received you surely must-have realised that numerous complaints from custom their performance has been any-ers to the effect that the floor was thing but satisfactory to-date either sticky and not good for dancing. to the management or to the guests. As a result, French ball-room

Mr. Silva: The point is, the de Numerous complaints have been powder was used on the floor and fendant blamed the loss of business received from time to time both when this proved no good they tried to plaintiff and what we will from European. and Chinese smearing the floor with four-wax. establish is that this loss of busi patrons to the effect that they and This was still of no avail and itness was not due to the plaintiff's it impossible to dance to the time was suggested by the plaintiff that had rchestra but to the bad ser- and tunes being rendered at pre they should obtain Boric Acid vice, pillars, etc. On the opening sent. In many instances these com.

Spangles. I am expanding on the afternoon there were 400 persons on the floor and the service was so bad plainte have been mentioned to you question of the floor because it was but to all appearances no effort one of the bones of contention and has been made on your part to I submit that that was the cause rectify these very obvious faults of the loss of business which the and it is impossible to continue defendant now attributes to the along these lines. Instead of the orchestra: archestra being an added attraction Later there was another incident

to the Gloucester it is driving is, regards the question of a room customers away, at the same time for the plaintiff and the members being a very heavy expense. Had of the orchestra for changing for you held daily practices and had dinner dances, Defendant gave An up-to-date repertoire some de them the use of the laundry room. gree of efficiency might have been This proved unfit for such use and attained but the same old tunes subsequently arrangements were being played repeatedly simply made with them to use the room drive all music lovers away.

We of one of the Gloucester Building exceedingly regret having to take clarks unmed Chritchley. Mr. this step which we feel might easily Gladstone, a sub-manager of the have been avoided had we had your Building, offered the plaintiff bis entire co-operation with a view to room in which to change, and the making the venture a complete defendant, on learning this, ap

proached Gladstone and asked the latter why he allowed the plaintif to use the room 1 Gladstone replied that it was too crowded in Chritch. fey's room and the defendant then said "Let him find

a place "for himself to change in." This is an instance of the strained relations between plaintiff and defendant.

success,"

"I Am Fed Up."

On February 23, defendant falso- ly and maliciously, the statement alleges, spoke and published of the plaintif the following words:

"The band is no b-good and I am fed up to the teeth with them and

Cm getting rid of them. There is Adamson-you know him

that trumpet he is playing is the cause of the whole thing. It kills the hand, and the orchestra is driving my crowd away in lieu of attracting there. I have re- ceived more complaints about that trumpet than anything in the whole building."

っ

Food for the Band,

that many patrons had to take their OWD plates to the kitchen and serve themselves. On two occasions at least patrons asked for ball room powder and obtaining same started dusting the soles of their fenture of these complaints and shoes. There was one pertinent that was that at no time was there any complaint about the band or the trumpet.

KIDNAPPING A

SMALL BOY

Clever" Youth Gets

Six Months

WOMAN FINED $100, TO MAKE HER TALK

In connection with the accident at the A.P.C. installation, early yesterday morning, a short account for propaganda work," said Mr. This is an excellent opportunity of which appeared in our issue of E. I. Wynne Jones when he fined yesterday, it is now ascertained that an old Chinese woman 8100 at Con- the cause of the alarmy was the extral Magistracy yesterday for tak- plosion of a ateampipe which oocuing part in the sale of a Chinese pied while a gang of workmen were boy on May 21. Mr. Wynne join- As a result five coolies were injur-cautioned, she would not talk engaged in unloading operations. ed added that if the woman was

them had his leg amputated but it got back to Sunning, but if she ed, two of them seriously. One of enough about the case. when ake is feared that even this will not were fined, that would certainly make bor talk about it. He added that it would be a good thing for the woman to tell her friends in Sunning that Hong Kong was not the place to buy children.

save his life.

There was another alarm shortly after 1 am, when an outbreak of dre was discovered in the boiler house. *.

..

The boiler house is within a stone's throw of the group of oil tanks on the south side of Whitheld Road, and the danger arising from the close proximity of possibly several thousands tons of fuel oil to the outbreak was fully realised and countered with all possible means and promptitude,

Altogether five persons were be- ; fore the Magistrate, four of them on charges of harbouring and tak ing part in the sale of a child, and the first defendant on the charge of harbouring alone.

Mr. Hin Shing Lo was for the second defendant while the others were not legally represented.

Outlining the case, Ipsp. Elston, who was in charge of the prose While the Installation staff, who cution, told the Court that on May drilled to meet emergencies, did Bund in Canton when the first de- have their own fire-fighting system 19, the boy was walking along the what they could, a call was sent to fendant and another man asked him Fire Brigade Headquarters, and to go with them promising to buy within less than a quarter of an him some sweets. He went along. hot all available antifire equip with them and they eventually stay ment on the Island was assembled od the night in a certain hotel, and on the spot. The full resources of on the following day the first de the Fire Department were brought fendant suggested to the bay that to bear on the outbreak, which is they should go to Hong Kong toge- believed to have been caused byther to look for work and make escaping oil from a pipe hecoming their fortune.

nited through some Cause

The boy agreed and they came to other.

Hong Kong and the boy was taken to a house in Shamahnipo. Later, second defendant who was quite a he was taken to the house of the respectable person who had come down from the country to look for someone to adopt. After a discus- sion, the second defendant paid over 85 as deposit money and it was agreed that the balance of the purchase price (5) would be handed over if the second defen- dent's daughter-in-law approved of the boy.

or

the outbreak which was never, at This prompt attention localised say time, allowed to attain serious proportions and it was not until after an hour's hard work were the

firemen allowed to withdraw.

dinner dance, plaintiff received & request from a patron for an old number and there was a short delay whilat the pianist was looking for his music. The defendant dashed in and said "For God's sake, don't 12 what the bell are you doing?" you know it is three minutes to The plaintiff replied that it was nine minutes to mid-night and he had to play four encores and The King." When it was over he went out and bad a look at the clock on the building which showed

Inspector added that the S.C.A. regarded this purchasing of child- ren as not only illegal, but also highly undesirable.

The Boy's Story: case, then gave evidence bearing Lin Sam Shin, the boy in the out Insp. Elston's opening. He Mr. Justice Lindsell: The state

added that after the negotiations ment of defence says there were

in the second defendant's house, such complainta?

they went on board the Kongmoon Mr. Silva: I can only say that 1 minute past mid-night. He went boat and it was there that the first

back and saw Mr. Newman and and second (defendants ware no complaint was made to plaintiff. In fact there were com- speaking to him the way he did

asked what the latter meant by rested. mendations from patrons on one fr. Newman replied that think it was a good idea to

Mr. Wynne Jone:

Did you occasion. Lt.-Commander Lee of

to Kongmoon ?-Tex. plaintiff watch was no H.MS. Medway

good.

Why, have you been -No

the

Mr. Mackinlay: Is this gentle man going to be called?

Mr. Justice Cindell: Ja this gentleman an expert on orchestra

Engaged by H.M.S. Medway. Mr. Silva: No, but the incident is one on which evidence will be called. The gentleman in question said the orchestra was one of the

Mr.

The Notice

Silva then spoke of the notice and said that after the ex piration of the notice, the whole orchestra with the exception of the plaintiff was re-engaged. "That is

A circumstance. which I

want

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I see. you thought it would bri a good idea to and see the place, what-Yes.

Insp. Elaton: To see how the chees grow.

Mr. Wynna Jones: I don't think lichees grow in that district, Ins pector Elston! specially to stress," said Mr. Silva. The boy concluded that he had no

as expressing malice, because if the band was no good why should it he re-engaged?"!

י

idea that he was being sold. He thought that they were merely go ing to Kongmoon for a few days and then returning to Canton.

Evidence was given by the boy's sister with whom he lived in Can- Sang who handed over the deposit kon and also by a man called Yue money on behalf of the second de

dis-

finest in the Colony and asked that the band might be allowed to play Five days after starting work, the on the Medway on December 3. On March 3, said Mr. Silva, de- plaintiff, in the presence of Mr. Permission was obtained and the fendant called on Mr. Gladstone Gladstone, protested to the defen- band did play on the Medway. The and asked a question as to how he dant about the meals served to the defendant himself on une occasion could make arrangement to take other members of the orchestra.toid the plaintif that the band was sonie packages on board the a.. Apparently they had been refused one of the finest in the Colony and Tanda, as plaintiff's wife was then their meals on the occasions con

fendant. on another occasion told him the thinking of going to Manila. which they had not been working same thing in the presence of Mr. This was reported to defendant by charged and the second defendant

The fourth defendant was The statement also alleges that and the plaintiff said that this had Gladstone..

Mr. Gladstone and defendant was

was fined 8100, the words were published in the been promised and the band should.

On November 28, the ball-room under the impression that the Gloucester Building and apoken in, have all their meals, and eventual-

Inspector Elston told the Court ceiling collapsed. The place had plaintiff was learing the Colony that the first defendant who was the hearing of a person named ly it was. agreed to give the band to be repaired and the band did and therefore gave instructions to only a boy was the main mover in William Lawson Butts In ponse their dinners. After the first day, not play until the re-opening on the band by start playing and they the case, and although he was very quence of the alleged words plain the menu was taken away from the

did start on the 4th. Plaintiff was young, he was an intelligent fel- tiff had been greatly injured in his members of the orchestra and food ing there was a marked decrease on that day seen by the defendant low and probably had hopes of credit and reputation and in his was just dumped before them in business and complaints about at the tea-dance and he rushed up making a good profit out of the business, and claimed 81,000 without giran them the privilege the floor and service were received to Gladstone and asked What do transaction. Sentence of 'SIX damages and costs.

to order. A farther protest was

more and more frequently. As you mean by saying that Adamson months' imprisonment, was passed The morning session of the case made and as a result of such pro result of such complaints, the had left the Colony. I put it to you, on him. Cold say was adjourned following a discus testation to the plaintiff, a special plaintiff approached the defendant my Lord, said Mr. Silva, that de The third and fifth defendants sion as to whether the onus was on the orchestra with only a limited 1 but on no occasion did he obtain fondant did not dare to put on the were both discharged on the first

any satisfaction.

the plaintiff to open or the defen dant After hearing legal sub- missions, His Lordship daided that the onus was on. Mr. Bilva to establish malice, ne be held that, on the pleadings, there wás prima facie case of privilege.

THE PLAINTIFF'S CASE.

Mr. Silva outlining the case said: The plaintiff is a musician by profession, a leader or director

of jazz and concert orchestras and

menu was given to the members of

ehoice.

December 20.

From such re-open-

A Heated Discussion.

orchestra to play so long as he though the defendant was in the Colony,

charge, but an top secund® pount they were dach given three months.

of express PRINCESS ARTHUR'S FIRST

FLIGHT

MR. MOLLISON THE PILOT (Special Air Man Hervice) -

LONDON, May 18. Princess Arthur of Connaught had her first flight in an aeroplane yesterday when she flew with Mr. with him in a Pass Moth at Stag- JA. Mollison. She first went up

Seven or eight days after they had started work the plaintiff was

Another instance handed a written agreement and At this stage Mr. Silva related malies arose at the time when the your Lordship will see variations to the court an instance where the plaintiff was supposed to receive between the written agreement and plaintif and the defendant had a his salary. The plaintiff was asked. the verbal one. In paragraph a somewhat heated discussion regard to sign a receipt for his salary of the written agreement it was ing the floor, the plaintiff stating which was worded molary for specified that the orchestra should that the boys had bean waxing it February, 1939, in full satisfaction be supplied with teas or dinners while the defendant said that was of all claims against the company only on the occasions on which they not the case. The No. 1 Boy was in leaving the company's service."" are on duty and performing at sent for and he said that he had The plaintiff refused to sign this Gloucester Building. Paragraph 7 waxed the floor twice and the dis and the plaintiff is alleged to have a player of various musical in states that the agreement was to cussion ended by the plaintiff said "You sign it or you will not struments, including the trumpet be for a period of six months as asking to be allowed to look after get your money and the cornet The experiones from October 26, 1992, but subject the floor and the defendant retort- that the plaintiff bad gained in the to cancellation un one months ing with Damned if I will." It The last instance, said Mi. Silva, ¦ Inne nerodrome for›E+fight ovar, matter of musical accomplishment notice being given on either side was about this time, said Mr. Was the second cause of action London, and later went with u started at the age of six years He on the last day of one calendar Siiva, that the plaintif got the which wes reassertion of the libel party to Leamington to pay a eur- has been playing in various jazz month, and there is no mention as impression from a remark made and slander and which amounts to prise visit to Sir Alan Cobham's orchestras from San Francisco to regards meals for the plaintiff and by Mr. Newman to Mr. Gladstone certain evidence of maliceThe national aviation day display. Sacremento and along the China his wife. Your Lordship will also that he (the plaintiff) was to blame assertion was, ale to on Mr Captain W. Hope, the King's cup |

WD Butt4.

WITHer, placed his six-seater D. H. coast from Shanghai to Singapore. note that though the agreement for the loss of business. The re-

Hawk Moth, at her disposal, and On that reputation, he came to was dated October 23, it was not mark was to the effect the Adam I shall also call evidence by ck-dil-Mollison piloted the machine. Hong Kong on August 10, 1832 and given to the plaintiff until seven son had the crowd to start with perts on jazz music on

but could not keep them." There of the musle given by Adamson, and Mollison during the light from que byp Princess Arthur, sat beside Mr. some time in the beginning of days afterwards and when it was was also at about the same time his orchestra

Stag-lane to Leamington and back October, 1022 came to a verbal handed to him he called on the emiplaint about the trumpet agreement with the defendant in defendant and draw his attention this enee, to be smployed by to the variations and told the which Anded with an obscène ex- My Adamson then went into the while he explained how the machine

dave witness box, and gave evidence, of was flown, fest pression. Gloucester Building at a remunera plaintiff that it was not k

his musical experience. He had Spectators at Leamington an tion of $1,400 a month. The terms, months, agreement at all and that Continuing. Mr. Bilva ssid tant not completed his evidence when thusiastically welcomed the Frio- stranged were as follows: The if looked to him like thirty days during the Chinese New Year Eve the court adjourned- until this coss, who was delig plaintia was to obtain an orchestra contract. The defendant then in- Continued on next Column) morzing.

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