1933-06-01 — Page 19

SHARP COMMENT BY SOLICITOR IN SLANDER CASE

(Continued from Page 1)

THE HONGKONG TELEGRAPH. THURSDAY, JUNE 1, 1933.

had sat by the Gloucester Build-the band practically every day and ing clock and I pointed out that then they were rehearsed two or it was nine minutos to 12 o'clock, three times a week up to the time As I went on the band stand there the ceiling fell in. While repairs war a request from one of the wore being offected he rchenracd tables and I played a danco and in a small room In the broadcast- throo encores. When I had playing studio in the Gloucester Build- ed the King I jumped down anding.

dent about your credit? Yes, I dashed round to look at the clock- "Daring January and February went to the Gloucester Building and saw that it was only one we rehearsed every afternoon in, about the 10th or 15th of Decem minuto past 12 o'clock, Mr. Now the hall because there was never ber-of course, the ballroom was man's. words to me ware:-"For anyone there to the ten dances," closed-and was sitting in the sake, do you know what the time he said. lounge with my wife and twolis? What the-is. the matter with friends. I ordered drinks. The you?"

minhner.

boy brought a chit and immediate- Mr. Silva: Was there another ly, the Number One boy came up incident In connection with your and said, "You cannot sign a chit credit?—Yes, my credit was stop- here, your credit is stopped." Hoped again on January 16 although said this In a very rude and nasty had arranged with Mrs. Drake to pay the band's chits out of the I called for Mr. Gladstone, the monthly salary so that there would sub-manager and asked him what he no difficulty about the chits be was the Idea of my chita being ing stopped. sloppod. He assured no he knew Mr. Siva: During the last days nothing about it and went out to of January, do you remember any got the Credit Book. My name incident in connection with Arevel- was not in it which meant that one of the members of your

band? Yes, I was told he my credit had not been stopped.

Was 1 immediately went out to see Room next to Mr. Neyman's office parking himself in the Rending Mr. Newman and he also sasured every morning. I went up several me he know nothing about it and said he would 'phone down to Mrs, Drako,

Mrs. Drake was out but he spoke to the clerk and asked about it and the clerk sald my credit had heon stopped,

DISMISSAL INCIDENT.

Mr. Sva: It is also alleged that you did not have an up-to- data repertoire. Is that true?

Witness: No, it is not.

As leader of Dick Adamson's Gloucester Band would any do- rogatory statement about the band affect you? It certainly would.

It was your band and you were responsible for It?

My name was at the head of it.

CROSS-EXAMINATION, Mr. Mackinlay, in cross-examina- tion: Dld you go to Newman about this letter:

Witness: No. Why not? Because I did not

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Mr.

Dr. Dollfuse, the Austrian Chancellor, inspecting a guard of honour during his recent visit to Rome.

unless it was in the hope of being anywhere else it would mean a lot Filipino boys had been re-engaged. re-employed 7 1 was told the to me to have my name cleared.

His Lordship: You are claim- Draku

think it necessary. The allega- times and saw and asked him whattheus in the letter were not true he was doing. He said he liked to and I knew it. go there to read.

I was also offered a job from Java ing on the fact that Mrs. In spite of that you did not go ace Mr. Newman at the end of and was expecting a reply from saw the letter published to you. February and ask him if he was them in answer to my cable as to This is not an action for wrong- A few days later there was an-going to keep you on? I had no rates etc. I expected that reply ful disralssal. uther incident. He was told that reason to do that. I was inform-in the early part of March. june of his saxophone players wased that my Filipino boys had been I said to Mr. Newman: "What that he should look out for him". Gloucester Building and had been with Mr. Newman in his office and approached by the chef of the is the idea of that?" and he At the cul of February he went to told that they would receive more replied: "Well, in any case, I got his salary cheque from Mra. Drake stopped your credit Drake and she told him, without

Mrs. money if they stayed on. she was perfectly right in doing

His Lordship: You didn't seek o." He added that he would ses looking up from her work, to sign re-engagement yourself? about it the next day.

a receipt for the salary of the Witness: No. jorchestra for February

NO

* "PERFECTLY RIGHT”.

Mr. Sliva: From the date of the satisfaction of all claims

121 foll Mr. Mackinlay: You say that re-opening, how was business in the Company ou leaving the com-reflection of your name, so why against the letter of January 31 is a grave the Gloucester Building?-Bus-pany's service. ness was not what it was before

the ball-room closed. It was in In search of Mr. Newman whom he He refused to sign it, and wont the holiday season but there was found in the lounge in front of the not near the crowd there should have been.

dining room. He enquired why he was wanted to sign Ruch a Mr. Silva: Did it become better?ment and Mr. Newman replied 'docu- -As a matter of fact it started "You will sign it or you will not roing down from the date of the get your money. re-opening as far as tea dances ed signs this sort of receipt." Anyone dismiss were concerned.

Witness then instructed his soli- citors and payment of the salary was obtained. The band, with the exception of himself, had been re- engaged for Gloucester Building as

Mr. Silva: Were there any com plaints arising during this period?

Continual complaints. Mr. Silva: About what?Mostly about the floor.

FLOOR ISSUE.

Mr. Silva: You will remember

from March 1st.

CO-OPERATION,

"SEEMS OBVIOUS."

But Mra. Drake could have pass. ed it on to someone else.

obvious that

His Lordship: It seems to be!

Answering Mr. Mackinlay, you didn't take

witness said he had repeatedly ap action at the beginning of Febru- proached Mr. Newman about com- ary

because you thought you noor, Several people, both in the plaints concerning the state of the might be taken on again,

I and no idea of being taken building and outside had spoken on again.

to him about the floor, the pillars explain why you waited

His Lordship: You still do not jand the lighting.

four weeks.

"DISAPPOINTED MAN."

February to clear your name? i did you wait until the end of

Mr. Mackinlay: What damage have but learned that the cher had to your reputation which has been tain incidents in your evidence Mr. Mackinlay: I put it to you Witnors stated that he would have you suffered from this blow that generally speaking, while eer- arranged to employ all his Filipino inflicted upon you? Is there may be true the general net Is boys.

single instance of any sort of untrue and this action is merely have been a greater incentive to Drake aceing the letter written to of the Gloucester.

Mr. Mackinlay: Wouldn't that damage consequent upon Mrs. an endeavour to get money out clear your name?

You were dia- I considered it you by Mr. Newman?

missed and you knew you were an insult.

dismissed and you have brought And yet you did nothing about

this action thinking the Glouces QUESTION OF MALICE.

ter Building would rather pay you than come here and stand the But can you give one instance publicity. You are a very disap- where damage was caused by pointed man that this Mrs. Drake seeing that letter? come into Court.

it.

that the reason you did not take I put it to you quite frankly any action until the end of Febru ary was that it was not until the end of February that you were certain that you were not to be re- engaged.

IMPUDENT ACTION.

There certainly was damage. I heard about it from other sources,

Mr. Silva: With due respect, my Lord, I do not think my friend is entitled to ask questione às to special damage as I am not claim-

an incident sometimo about the against you in the letter that there Mr. Silva: it has been alleged beginning of January between you was lack of co-operation on your and Mr. Newnan at a dinner dance?- remember. Mr. New the beginning when the question of impudent action isn't it?

part. Do you remember a time at

That is why you brought thising special damages. man came up and asked me why dinner dances was discussed be- was not.

No, it I was always complaining about the floor and he said he himself ween you and Newman? and received numerous complaints Witness: Yes. It was during

His Lordship:` But why did and did not know what to do about came to me and asked me what I

the opening week.

you wait four weeks before you Mr. Newman demanded any

remedy through .it. I told him the floor was thought of adding an extra dinner your solicitors? I had nothing to i

absolutoly Ameared with which was not proporly rubbed in. dance on Saturdays. I told him I speak to Mr. Newman about. In fact it was so thick you could thought it is a good idea although thought he would do the speaking. write your name in it. When any-pocket, as I could have worked out.

It meant money out of my

Why did you wait four weeks body put their foot in it, it left a side on Saturday with my band. 1 markt.

was not receiving one reut for

Wax

Mr. Adamson repeated the con- that extra dinner dance, versation he had with defendant

Mr. Silva: What

on the matter of the flour and duties added: I told him to leave the floor to me and I could get it in

shape.

own

were your

jazz

វា។ leaders of a

orchestra?

Witness:

The arrangement of

¡ programmes, music, rehearsing

Alr. Silva: What did Mthe orchestra and telling them Newman say to that?-He looked at me in a very angry manner and what to do. I also looked after re- said "If I will; I won't," and walked quests from patrons,

dway.

HIS IMPRESSIONS.

Who was to do the orchestra- tion?

L

4

The orchestrations were as rule already in published form.

Mr. Silva: What sort of impres-When new numbers came out I sion did you get from these tried to get hold of them. I was various Incidents between you and only able to get the violin parts Mr. Newman? The impression I

of the intest tunes and from these

obtained was that the manager of I worked out the orchestrations. the hotel was trying to blame us: for the lack of business in the ball-room, because I had pointed

MUSIC OR DANCING?

oat to Mr. Newman that I was only It is alleged that numerous com- using a seven-piece orchestra in plaints have been received from European and Chinese patrons

comparison with a 10-piece band that they found it Impossible to at the Peninsula and two bands at dance to the time and lunes the Hong Kong Hotel.

rendered. Is that correct?

Mr. Silva: Was this impression confirmed by

I say it is not, not if they knew anything that how to dance.

happened after that? Yes, round

IIN Lordship: All patrons

about January 25, Mr. Newman don't know how to dance do they? enme dashing in at the back of the

band stand and wanted to know

Witness: No.

Asked if he held daily practices,

what was the mutter with mo as witness replied that the practices it was three minutes to 12 o'clock. wore not daily. For two weeks

I had my watch on mo which I prior to the opening, he rehearsed

SWAN, CULBERTSON & FRITZ.

Investment bankers and brokers in sccurities and commoditics Daily New York and London Stock Exchange Service Commodity Futures on the principal American markets

Members of New York Cotton Exchange. Members of National Raw Silk Exchange Inc., New York. Members of The Rubber Exchange of New York, Inc. Members of The National Metal Exchange, Inc., New York. Members of Chicago Board of Trade.

Correspondenta for Hayden, Stone & Co. Telophone 27253,

Cable Address: Swanstock. Asia Lo Building, 14, Queen's Road,

Hongkong.

I

be

case han

I am not suing the Gloucester Building.

No. But you are suing the amnagement and taking good care to bring out every incident that

rending and takes gont

that the might reflect discredit on Gloucester Building.

Lordship: It may material to the question of malice. When Mr. Mackinlay again put the question, witness replied that he had heard a lot of things sald I havo not brought them all out, about him outside.

Re-examined by Mr. Silva, plain- Mr. Mackinlay: Have you lost. tiff said the purpose of the action any contracts because Mrs; Drake was not to get money as had been saw the letter-No matter where alleged. If he had obtained I go, whether in Hongkong or any (Continued on Page 7.)

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