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THE HONGKONG WEEKLY PRESS AND
George Springford said he was a practical pianoforte manufacturer and tuner and was until recently in the employ of Mr. Robin- son. He remembered Mr. Emsley coming into the work shop one day towards the end of Angust wet through and he did not return to the place after tiffin. On his finishing his work at five o'clock he visited Mr. Emsley, who said he had not felt at all well since the wetting. Mr. Hickie called while he was there. To the best of his knowledge be should say Mr. Emsley was ill. Again on or about the 8th of September he visited Mr. Emsley when he bad a cold in the stomach. Mr. Hickie and another friend were there at the same time. He was in Mr. Emeley's room in August when the boy from Robinson's came and peeped in and then went burriedly away. He remembered Mr. Robinson suspending Mr. Emsley at the latter end of August. On each morning of his suspension Mr. Emsley presented himself at business, and he was pre- sent on one of those occasions on which he pre- sented himself to Mr. Robinson and asked him | if he had anything for him to do and he heard Mr. Robinson reply, No; not to-day." had never had tiffin or dinner at Mr. Robinson's expense. He remembered that some time August and September Mr. Emsley was seut up to chip up and rough up pianos at the work shop.” This work at home was usually done by apprentices and improvers. Many a man would refuse to do such work at home, as it would not pay. They had no apprentices here. Witness spoke as to the work done by Mr. Ems- ley to different pianos at the workshop. Mr. Emsley could not be absent from the workshop without his knowing it. In the beginning of September last Mr. Robinson asked him to consent to a new agreement allowing three months' notice to be giren on either side, and this witness signed, bat. Mr. Robinsou afterwards tore it up because it provided that the three months' notice should be commenced at the expiration of the original agreement. Mr. Robinson then drew up another agreement allowing one month's notice to be given on either side. Witness, however, refused to sign
it.
!
[December 8, 1898.
my agreement. Mr. Robinson told me that I pretences. He denied that it was bis there was no commission. I have sold pianos tom t to frequent hotel bars or grill for him whilst travelling, but I have never rooms and idle away his time when he should received any commission. I don't think I asked | have been on Mr. Robinson's business. -- He for any because I did not expect to get any, might have gone out, as many other men did, to The clause as to commission in my agreement have a bottle of beer at mid-day, and he might was an extra inducement to me to accept the have had another in the afternoon, but still he situation because I did very well on commission did not think any employer of labour in the in England and in the West Indies.
colony would be so bigoted as to object to any such refreshment.
By Mr. Francis-I gare evidence yesterday. In the meantime I have seen Mr. Emsley. He told me he was going to recall me to ask me about meeting me near Lyndhurst Terrace.
By Mr. Emsley-When I saw you last night you refused to discuss the case with me.
By the Court-During the latter part of the year we have not been overstaffed. There has been plenty of work for the staff to do.
By Mr. Emsley-I consider it a fair day's work to tune four pianos a day and three on Saturday-or 28 a week-giving a total of 112 for the month. I should think we got orders to tune 90 pianos per month, and there were two tuners, but there was also the stock. In the last few months you and Mr. Robinson have not been on good terms.
His Lordship, after tiffin, said he had con- insidered the question as to whether Mr. Emsley could address the court as an advocate and also give evidence or only do one of these things. | He bad to rule that Mr. Emsley could do both. At the same time he hoped he would only do
one.
Mr. Emsley, who elected only to address the court as an advocat, said his agreement stated that he should be paid the equivalent of £15 sterling per month and the "usual commission." | but in July of last year Mr. Robinson absolutely refused to allow him any commission at all. This he distinctly told him was tantamount to bringing men out here under false pre- tences and that he would not spend teu cents in rickshas to sell him one piauo if he was not to get any commissiou. Mr. Francis admitted in the early part of his opening statement that the passage money advanced by Mr. Robinson
RB
Mr. Francis then dealt with several of the points raised, including the commission clause, which he contended Mr. Emsley bad waivedi He asked for an injunction restraining Mr. Emsley in the terms of the notice of motion i to taking employment elsewhere; for the amount claimed by Mr. Robinson in bis counter summons; for the dismissal of Mr. Emsley's summons; and he would ask his lordship for the costs of the proceedings.
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His Lordship, in the course of an exhaustive judgment, said he was bound to come to the conclusion that Mr. Emsley was not an officient and satisfactory servant and that Mr. Robinson, having put up for some time with his uusatis- factory conduct, was at last fully justified in dismissing him for neglect of duty. With regard to the application for an injunction, he thought it was clear on the point of that Mr Robinson was entitled under the agreement to the injunction for which he asked. The contract was termin ated properly on Mr. Robinson's part, and Mr. Emsley was, he thought, to be precluded from carrying on work in the way mentioned in his agreement. He directed, however, that it should not be put in force for six months. With regard to the two summary jurisdiction suits, his lordship found for Mr. Emsley on certain items and for Mr. Robinson on others, leaving a balance of $114·27 in Mr. Robinson's favour.
J
ST. ANDREW'S BALL,
Though the precincts of the City Hall may be silent enough the greater part of the
was not to be paid out of his salary as long as they experience a thorough awakening on the
he remained in Mr. Robinson's employ; but Mr. Robinson in his evidence stated that he
By Mr. Francis-Before coming up to Hong-stopped his salary for advances made to him kong I was in Singapore for a month. Mr. Robinson was not there when I arrived. I ran away from Mr. Robinson's employ and sailed for Japan under a false name on the 7th of Oct. I left a little bill behind me at the Grill Room for billiards and drinks. It extended over two months and amounted to between $50 and $100
and for the debit of his passage ou', two slute ments which were contradictory.' As Te garded all that transpired at Singapore he had nothing to say. Practically it was true, but it was condoned when he came up to Hong- kong. He saw Mr. Robinson and a new arrangement was entered into by which all absences were to be deducted from his salary, no matter whether from illness or any other His lordship would have noticed that the learned counsel in his statement and all the witnesses admitted that he was never seen intoxicated though Mr. Francis said he was a bard drinker. That remained to be proved, and be contended that it had not been proved. His Lordship would also have noticed that the charge of inefficient workmanship was dropped,
cause.
Mr. Francis said there never was such a charge intended to be made and if anything he said pointed to that it was unintentional. Mr. Emsley's competency was undoubted.
Mr. Emsley, continuing, said Mr. Robinson
My credit at the Grill Room was not stopped towards the end of September. I have been in the Grill Room with Mr.. Emsley during working hours during August and Septem- bar. We went to have drink. I remei- ber fighting with Mr. Emsley at the Praya East Hotel one Saturday in June. I had been out looking for apartments and Mr. Emsley was with me. I did not expect to get rooms at the Praya East, Hotel, but I had been down that way. I had been drinking but I was not drunk. I used to go to the bar of the Grill Rooms at half-past ten or 11 every morn ing for breakfast. Mr. Robinson knew this. I did not get my breakfast at the boarding house because I had to be at the workshop by half-stated that when he first went to Macao the past seven. I used to have some beer and biscuits and cheese for breakfast. I have played billiards with Mr. Emaley in the evenings. Mr. Emsley is the better player. When I called to see Mr. Emsley in his room towards the end of August I did not have anything to drink with him on that occasion. I do not know whether Mr. Emsley kept empty whiskey bottles in his room to throw at cats. It was at the beginning of September that Mr. Robinson wanted to alter my agreement on ac- of the action Mr. Emsley was bringing against him. There is no mention of com- mission in my agreement.
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firm had 21 subscribers, hut on the production of the book neither the learned counsel nor Mr. Robinson could make the number more than 18. Seven of these were retained either at Macao or other places visited by Mr. Robinson; four had left Macao; two he had no knowledge of; and the remainder had discontinued on account of disptued accounts or similar reasons, but through no action of his. His lordship would remember that Mr. Hickie stated his agreement stipulated that he would have the usual commission on sales effected while travelling. This agreement was made two years and nine months ago. Mr. Hickie By Mr. Emsley-I did not have my breakfast drew Mr. Robinson's attention to the clause at home because I had not the time. Mr. abont commission and Mr. Robinson said it was Robinson only allowed me half-an-hour. When a mistake. About 12 months afterwards be ar- came to Hongkong I went down to busi-rived at Singapore, and Mr. Robinson made the at half-past eight. This was afterwards same remark to him when he called his attention altered to half-past seven, so that I could see to the clause. The clause was also in the agree the men come to work. I have never played ment of another man who only came out in billiards with you during business hours.
September. He contended that the clause was inserted to induce men to come out here, sud as he had previously said, was tantamount to getting men out under false
Sidney Douglas Hickie, on being recalled at the request of Mr. Emsley said I expected to
to increase my salary by commision as stated in
evening of St. Andrew's Day, when every room
and corridor is for the nonce a scene of bril-
liancy and activity. This year has been no exception to the rule. On Wednesday evening, when the annual ball promoted by the Hong. kong St. Andrew's Society in honour of the patron saint of the Land of Cakes took place, the interior had been transformed into a verit able. fairyland. The decorations were pretty much the same as in previous years, and it is therefore unnecessary to describe them in de- tail. As usual hundreds of magnificent plants of different species, a varied and large collection of choice flowers, innumerable shields with the lion rampant or the thistle of Scot- land, and no end of flags large and small had been utilised and disposed in a man- ner which for effect could hardly have been surpassed. The scene which met the view on ascending the grand staircase was indeed one to be remembered. An enormous thistle outlined with electric lights surmonated a large mirror, and on scarlet panels bordered with a profusion of greenery. were the dates "1847"* and "1898.” On the top landing was a large portrait of Scotia's immortal bard, Bobby Burus. The decorations in the ball rooms-St. Andrew's and St. George's balls-whilst simple lacked nothing in effectiveness. In the Theatre, where the supper took place, special attention had been paid to the stage. B
Here the table for the distinguished guests stood embellished with flowers and surrounded with splendid plants, many of which were in fall bloom, while in the back-ground were a couple of stands of arms. The library did duty as the card room and þar, and here as elsewhere the promoters provided for their guests with liberality which would assuredly have evoked an exceptionally emphatic "Prodigious!" from Dominie Sampson, had that estimable pedagogue.
been there.
About 1,200 persons were present, and the assembly was typical of the Far East, being of a most cosmopolitan character. Outside the Britishers the Germans, who form an important section of the community of Hongkong, were probably most numerous, their numbers being augmented by officers from the German men- of-war in the harbour. The beautiful of the ladies and the brilliant uniforms of the
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