1934-06-27 — Page 11

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3

HONG KONG DAILY PRESS, WEDNESDAY, JUNE 27,

Alleged

Wrongful Termination Of

Of

Contract

CLAIM FOR $7,492 BY MR. F. L. ADAMSON

"I Thought The Cook Was A Customer"

for

Before the Chiet Justice yester- day, a claim by Mr. F. L Adamson

N. Bluementhal against Mr.

The claim was $7,542 was heard. originally for $17,000 damages and costs. but at the commencemen: of the hearing. It was stated that the claim for general damages would be withdrawn.

dis.

Plaintiff's claim was based on ar termination of alleged wrongful his contract to serve as manager of the Marcel Buffer, while the de-

contends that the fendant missal was justified Adamson's alleged tamilarity with the servants and misconduct while serving as manager.

because ot

Plain's Claims, Plaintiff's statement of claim sets out that under an agreement dated June 10, 1933, defendant en- of the gaged him as manager Marcel Buffet for a period of one year. Defendant wrongfully ter- minated his service and refused to employ him on October 5 of the came year and the present claim was for this breach of contract. The claim was for 40 per cent. of the net proats from

October 5,

1933, to June 15, 1934. estimated- at $6.488; meals for plaintiff and wife, three each dally for the same period, $1,004; general damages. $17,000, and costs

The counter-claim was for $598.- Adamson: re- 12 money lent to payment of whatever amount was found to be due from Adamson to defendant.

Mr. Blumenthal's Case Defendant, he said, was a family man with two sons, who would give evidence, and two datghters. He had been connected with bufets and similar businesses for over 30 years in the Far East

and had

been in Hongkong for three years, during which time he had held a publican's licence. In June of last year. Blumenthal, was, as riow indisposed. and wished to take z trip to Japan for his health. In that month, he signed an agree- ment employing Adamson manager for a year, Adamson then being engaged in litigation with his former manager. It was decided that David Blumenthal should supervise the business during his father's absence and

2.5

Leon Blumenthal, the younger brother, should collect the daily cash takings. Plaintif had said he could influence tusiness at the buffet among American sailors. Defendant was away from June to September and he dismissed Ad- amson sometime between June 4 or 5 at Water Police Station.

and

"I told him to close the shop The next night the same thing occurred and I told" Adamson that I would lose my licence."

An American Term Witness: The Police Sergeant told Richter to take out a sum- mans and I told Adamson, "You're fired."

Mr. Macnamara:" That's the Amercian term for dismissal.

Witness: When I came back from Japan I nearly dropped dead to find so many bills and I asked Mr. Lanepart to go through the bills and accounts,

AROUND THE COURTS

}}

(Continued from Page 6)

Tramic Inspector Nicol stated that defendant went round the corner near the Ko Shing Theatre on the wrong side, and collided with a bus.

"

STABBING CASE SEQUEL

Charged with cutting and What was the amount of dam-wounding Banta Singh, an Indian ages he originally claimed against labourer on the s.s. Calcutta Maru you?-817,000 for wrongful dis-

on June 8, Nand Singh another missal and loss of reputation.

Indian was yesterday convicted Did you think that justified? by Mr. Wynne-Jones at the Kow- loon Magistracy who in summing up said, "I have known Sikhs in Hong Kong as pretty good liars but I have as yet to meet one to beat you",

No.

You know now that he has dropped the claim for loss of re- butation?--Yes.

•

I think it is just as well.

Cross-Examination.

WIS

The charge arose out of a quar- Cross examined, witness said he rel between the two parties in the knew Mr. Lanepart well "He is early hours of June 9 when dur- a well-known nudist." There was ing a scuffle Banta Singh

und sustained several never any difference between Ad-injured

the amson, Lanepart

himself wounds in the chest and on and

face. Nand Singh was later 3.5+ about the accounts.

Witness. In answer to another rested and charged.

At yesterday's hearing question said he was quite satis-

Singh, described as a fled with Guelati, his cashler, "except when he made a few mis-of the Kowloon takes with his fingers on the cash register.

Regarding the engagement of Mr. Adamson, witness did not agree that he had seen in the eng- agement the advantage of having

an American manager to look after a business that was mostly

Americans patronised by ships.

"Not a Copper."

from

He agreed that business increas. ed after Mr. Adamson's engage- men, but pointed out that it was

chits. in the form of

"Not a copper have I seen," witness de- clared to the Court.

He was left with a loss of $6

without any accounts that loss properly to show now had been sustained.

witness's previous Regarding statement that Mr. Adamson was unduly familiar with the servants. Counsel asked if it was

not a

from

fact that far from M:. Adamson using bad language. Mr. Adamson had turned out "customers the Cafe for doing so.

Witness replled that he would have liked Mr. Adamson better if he had done what he claimed.. to have done. As it was he had no knowledge of the question.

The first, witness was defendant. Witness stated that he returned from Japan on September 13 and on that night notice that many changes had been made. He went to see Mr. Adamson and there was "a smell of

000 and onions potatoes stinking the whole place." He investigated; and found that Adamson' had made smadi kitchen out of a small office room, Defence Allegations.

his statement. "A: about 12.30 a.m.; I heard a Defendant, in admitted that he was the pro- noise' downstairs and when I went prietor of the Buffet, that plain-down. I found the shop was still tiff was employed there under an open. Adamson, his wife and an were in agreement to pay 40 per cent. of American Chinese "cook

the buffet. I thought the cook the profits and provide free meals

that Adamson He denied

was a customer. WAS On that he wrongfully dismissed

his' credit 00 was injured in reputation and he accused Adam- son of perpetual drunkenness. causing or permitting the Buffet to be open after the legal hours and thereby endangering the licence of the house; assaulting Erich Richter, manager of the Marcel Cafe; being unduly familiar with the servants-employed at the Buffet; using profane and or ob scene language; failing as mana- ger to account for. money re- ceived by him on behalf of Blu- menthal; falling to keep" "proper books and accounts; frequently being drunk in the Buffet and thus being endangering the licence: drünk on September 7, and as- saulting servants by throwing bot- at them. causing tles and trays them to leave their employment; engaging two children "about ten without years old as servants authority and necessity; falling to keep servants in propei. control.

General Claim Dropped

Mr. H. C. Macnamara, instruct- ed by Mr. R. H. Cole, of Hall Brutton and Co., appeared for de- fendant and Mr. Leo D'Almada, junr., instructed by Mr. M. A. da Silva, of Remedios and Silva, re- presented plaintiff.

The case was heard by the Chier Justice, Mr. A. D. A. MacGregor.

'

Continuing his evidence, wit- ness said: "His eyes" went big and his mouth goes to one side the Amerienr style. Whisky or beer made him like that. I don't know which. When a man drinks." one wants to sing, another wants to try and another wants to fight"

it

&

incidents in

Mr: D'Almada: Is it agreed that when Mr. Adamson left the buffet. the daily receipts fell? Yes.

And when did business pick, up again?-It never picked up. It got worse and worse.

Handing up a bundle of corre spondence to the witness, Mr. D'Al- mada asked: Do you agree with me that the reason why Mr. Adam- Thought He Was Drank

son wrote these letters to you was Mr. Machamara:-You think he that he found it difficult to cope i was drunk then?

Witness:Yes.

"The following night I found the same thing... The shop had not been closed by half past twelve. Adamson's cook asked for his pay and i told him "No" as I had not engaged him. Then Adamson be- gan talking his mouth" and had

the cook in arms." Mr. Richter was also in the shop.

Macnamara-Mr. Mir. has not been

Н

Gulam watchman Docks said he was on board the Calcutta Mara when the scuffle took place and was actually asked to hold two bottles of rum" while the parties concerned settled their argument.

Banta Singh, the said he had ilved at the Sikh Temple in Wanchal up till June 8 when he met the accused whom he had known for the past five years.

complainant

That same evening complain- ant had gone aboard the s.s. Cal- acussed. ctta Maru with the whose belongings he had helped bring aboard.

A question of accommodation arose and witness sald for $5 he could arrange for the accused to have a cabin. But at length wit- ness found that he was unable to do so and a quarrel ensued during] which the accused is alleged to have stabbed him."

Witness admitted that he and the accused had had several drinks of rum

preceeding their quarrel,

Accused admitted every part of the complainant's evidence up to the charge for the Cabin which he alleged was $20 He admitted having had a fight with the com plainant afd when asked how the latter had sustained his wounds replied, "God knows" amidst much laughter.

His Worship convicted" the ac- cused but suspended sentence, the accused to be remanded 48 hours with the Police pending arrange- ruents, for his departare from the Colony,

AT THE MARINË. COURT

Unlawful Using of Junks

Chan Kam Wo 25 and Chan with so many persons he had over | Kam Fook 36, both described as tim? He was the manager.

Fishing Junk masters, appeared If you were so seriously disatls- before Commander Hole at the fed with Mr. Adamson, how is it Marine Court yesterday morning that you wrote no letter to him charged with unlawfully breaking to that effect? I wanted my ac-breaches of rules of their Fishing counts. I wanted to know what Junk licenses. by using their boats he has done. There was no need tor the conveyance of to write. I could speak to him.

1934.

SHELL

WINS

AGAIN

INTERNATIONAL AVUS MEETING

1st 2nd 3rd 4th

Alfa Romeo Alfa Romeo

Auto Union

ALLON

Maserati

SHELL

SPIRIT

LUBRICATING OIL

الا تر ہے

Distributors: The Asiatic

POST OFFICE FRAUD

Petroleum Co. (s.č.), Ltd.

would collect the balance of 28 TO-DAY'S RADIO

cents at the other end.

In answer to the charge, defen- For having defrauded the Postal dant said he had been fooled by authorities by posting packets a man named Leung Chung, who marked "printed matter" whereas had given him the packets to post, in reality they contained cotton articles, on June 21 and 22, Lo

PROGRAMME

(Continued from Page 4)

On à charge of being in unlawful King Yee, unemployed. was yes-possession of a toy tricyclę, Chan terday morning convicted by Mr. cargo on E., W. Hamilton at the Centro Kwong, aged 38, was sentenced to 11.45. p.m.,

Magistracy and fined $50 in de- fault one month's hard labour on each charge.

board at Yung Lung Wag near We lived in the same house.

Deep Bay last Monday morning. Witness answering another ques-

It was stated by the prosecuting Richtertion said that Adamson wanted to officer that the

strst defendant introduced to his leave him and that was why 'be Chan Kam Wo carried 26 bags of was looking for trouble." When-salt on board his junk while the His Lordship:-Only" in corres-

ever witness asked for accounts, second accused 39 bags of salt Adamson "mixed him up" in such and 5 bags, of sugar. pondence,

Lordship yel

་་

J

Witness stated that on Septem- ber 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 refused to part with him. Witness sent a letter to Adamson telling him to dismiss the cook which he subsequently

Mr. D'Almada said he wished to abandon the general claim for $17.000 which was originally in- tended to cover the special damages; he was confining him- self, now to the special claims for

"From September 16 until Sep- commission and meals.. The tember 25 he was still drinking the assessment of the damages would same as before. be taken before the Registrar and

On October 5, witness said he

did.

the main question before the Court told Adamson to close up the shọp was the allegations of misconduct. when he came back, to which The onus of opening was on, the Adamson replied

"No you old I defendant, because the plaintiff will close up, when I feel like it." could not be expected to answer

I turned to Richter." said wit- accusations hé knew nothing

ness, and told him to call the about,

Police.

Adamson then closed up.

Mr. Macnamara, said that had plaintiff not abandoned his general This all happened after midnight claim, the onus of opening would Adamson and his wife were in the Buffet at the time together with have been on him, and he would

a man named Greenway. I went want to know later on why they had thus reduced their claim by behind the counter and Adamason He then not know told Richter to go home. $9,500. Defendant did whether or not plaintiff had had turned to me and said "Come out

since he you 'old-and I will kick you." any other employment

denied

the

for the

The Western Studio Orchestra (leader. Frank (Time Thomas, and vocalist. Bignal from Greenwich- at.

12.00).

one month's hard labour by Mr. Wynne-Jones at Kowicon Magis- tracy yesterday. It was stated that "defendant was arrested in shanghai Street, and claimed to have bought the tricycle 1-1.30 p.m., The Trocadero Cinema Orchestra, directed by · Alfredi the van Dam, relayed from Troxy Cinema, London.

for 20 centa

A

4

*

that he

BERLIN PROGRAMME

12.45 p.m., Dja Announcement

(German)-English} German Folk Song Announcement of Programme. pm., Concert (requests of ou

listeners).

1

Mohamed Hassan, a clerk in the Post Office, said that it had been reported to him on June 21 that five packets of newspapers with insufficient stamps had been "post-

For the theft of a water cock a way that he could do nothing. When being questioned: the sec- ed. Witness became suspicious, cover from No. 2, Wing Lok Street,

Mr. D'Almada: Did you interfere ond defendant pleaded guilty but and opened one of the packets. It

the property, of the F.W.D.. Lo with the business before you went the first defendant

contained linen articles. It was Chun Leung, unemployed, was ined to Japan? Before I went to charge and said that the bags of marked"" printed matter." He re-

$10 pr. in default, two weeks' hard Japan? Ah, he was a fine gentle- salt were stored up in his junk for ported it to Mr. T Hynes, the labour, by Mr. Macfadyen at Cen- man. He even came to the ship the use of preserving fish. 'Superintendent' of Malls, and was tral Magistracy yesterday. to see me off). (Laughter.)

The Magistrate however, did not instructed to keep a watch. On After

and a number of questions believe his story

remarked the following day about 3.57 p.m.

Sentence of four months' hard with regard to the accoufits, Mr. that he (the first accused) should he saw the defendant come in labour was passed by Mr. Mac-1.30 p.m., Latest News (English)." D'Aliads asked: Your main"-in- not need so much salt

with a parcel. Defendant looked fadyen at Central Magistracy yes-1.45 pm, Entertaining Music. terest was to see that the buffet preservation of fish and

after round to see whether he was being terday on Leung Lam, employ-2.15 p.m., The German Short Wave was properly run?—Yes.

hearing the further evidence giv-watched, and then put one packeted, on a charge or stealing 20 cents Apparatus. German

Radio en by the prosecuting officer, he into the post. Witness seized de-

Firms Present Their Wares." imposed a fine of $25 or in default

fendant before he could post four from Kwan On, near the Ko Saing

Dr. Kurt Berendt. three weeks hard labour on each other packets. The postage on the

Songs of the sea. Buri Marschall 2.30 p.m., Latest News (German). of the defendants.

thexhaustible Supply 7 3 p.m., "Trau Barbel" A young naval student was being Operetta by Josef Snaga pot through the paces by an old 4 p.m., Concert from the Deutsch-

landsender. a sea captain

"What would you do, if a gud-4.45, p.m., Latest News (English).; den storm sprang up on the star-5 pm.. Dia Closing Announcement board?”

"Throw out an anchor, sir." -What would you do if another

After Midnight One of the rules in connection with licensed premises was that it should be closed at midnight?

In the 13th you closed at 12.307 -Yes.

You were warned and yet you allowed the same thing to happen on the 14th? I threatened to call the Police.

On the 15th the same thing happened?—Yes.

If I said that in connection with the closing Mr. Adamson put the clock 10 minutes ahead, you would

fd

Theatre.

packets, was two cents each. The proper postage was 18 cents.

Mr: Hynes said the printed post to was a special form of post. "It was that Adamson returned

"printed matter." The the buffet on one occasion just be-marked tore midnight with two friends price to China was two cents per The place two ounces. The regulations were and ordered drinks, was being closed up, but Adamson that the packets should contain got drinks served to himself and printed matter only, and should be his friends as he kept the keys made up in such a way as to be. He is also alleged to have used easily examined. He had examin- bad language and Leon Blumenth-ed two of these, packets at the af related an incident where a Post Office, and found they con- sailor wanted to assault Adamson tained cotton articles. The de- because the latter was angry at fendant had defrauded the revenue You agree that according to his his wife being in the buffet. The of 69 cents on each packet, - On contract. Adamson could give. a saflor did not know that Adamson June 21, ave packets were brought

Throw over another, anchor," drink on the house? Yes, but in was her husband. Adamson want to him, and another five on the

"Hold on," said the captain, stead he went and got drunk him-ed to strike the sailor and witness following day. The revenue was self.

had to apologise to the sallor, who being defrauded of $3.45 every where are you getting all your -David Blumenthal and Leon allowed the matter to drop.

day. The effect of under-stamp-anchors from?"

"From the same place as you're Blumenthal were called in support The case was adjourned untiling would secure safe delivery, be- of the defendant. The latter stat this morning.

say that was not true?--Of course

left the Marcel Cafe--he may have "I told Richter to go and as heit is not true. been a jazz band leader at a more "remunerative salary for all he knew but if he had, it would Initigate the damages.

The Chief Justice, ruling that the onus of opening was on defen- dant, Mr. Macnamara proceeded A with his case.

went out he was seized by Adamson and Greenway... I shout- ed "Call the Police" and pulled Richter back into the shop.

" then went to the water Po Lice Station and found Adamson and Greenway already there.

His Lordship: Your old friends

capise

storm sprang up aft?"

*Throw out

BIT."

another

anchor.

"And if another terrific storm sprang up forward, what would: you do?”

the Chinese Post Office getting your storms, alt

Fortunate Committee

"What are the dining boura at your club?"

"From 5 to 8 for all except the committee."

"Why the exception?" "Because Rule 5 says: "Thờ" committee is at liberty

at any time to fill any vacancy tri their body.