The-Hong-Kong-Weekly-Press-1898-12-03 — Page 8

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nor did he come up to Hongkong. He did! not get any medical certificate or anything, He had never arranged with him that he could be absent any time if a deduction was made from his salary. Emsley suggested this. Witness protested but added that if this was continued he must deduot something from Lis salary. Witness was himself a tuner. The average time for tuning a piano was an hour, and a man could comfortably tune four pianos in a day. In the store he could do five. The tuner provided his own tools. Just before he left Singapore Mr. Emsley lost his tools. He said he had been having a few drinks and he lost them out of a ricksha he thought.

that

By Mr. Emsley-There is not a clause in my agreement as to commission. I remember you said there was a clause in your agree. ment about commission, but I told you I did not think Mr. Robinson would allow you any. I remember you telling me in July of 1897 that Mr. Robinson had flatly refused to allow you any commission and that that was tantamount to getting men out from home under false pre- tences. With regard to the P. and O. case you told me it was dismissed with costs against the other party. I lived in the Straits Hotel about three months-March, April, and May. I was there when Mr. Mackie came up to Hongkong. I was there when you left on April 13th for the Malay Peninsula. I only joined you at billiards and drinking boats on one occasion. I was in Mr. Pollard's room with you subse quently, but I don't call those drinking bouts. I remember our ricksha being broken and the accounts being sent in to the firm. I ouly re- member one occasion. Your pay was deducted for those days you were away, but I protested. At the time you lost your tools you said an inspector of police named Crook was in the same ricksha. I have had complaints about my own work. Mr.

Robinson has no house in Tientsin.

1 remem.

THE HONGKONG WEEKLY PRESS AND The matter remained there, and he took it as settled. Emsley did not object.

His Lordship What is the usual commission?

have never paid a dollar commission to anybody Witness-There is no usual commission. I

in the firm.

Mr. Francis-Was your agent authorised to insert that clause in the agreement P.

£

Mr.

[December 3, 1898.

29th November.

..

21st he was absent all day. On the 24th be only did one piano. It was quite untrue that they were over-staffed. He had had to tele- graph for another man to fill his place. During the 12 months Mr. Emsley had been with him in Hongkong he had never had more than two fuuers here, except when a man happened to be coming through, and during the whole of this time he bad had ample work for them to do, Since Mr. Emsley had been here deductions had been made for his absences. He had not paid him his salary for August or September, He kept his wages back against money advanced to him and the cost of his passage ont.

Mr. Robinson, continuing his examina. tion-in-chief, said Mr. Emsley saw him on August 30th and asked him for his month's their relations had been strained for some time salary, which he refused. Mr. Emsley said

past and he had better give him a month's sign, but Emsley said no notice. Witness suggested that he should re-

he got his notice. Witness then would rather he

took up

his pen, Witness said he was not. His agent had whereupon Emsley said he would rather have made the mistake of copying from an old agree. would suspend him for two days and that in the his notice voluntarily. Upon this be said he ment. Witness added that he was not aware that Emsley had sold anything to entitle him meantime he would consider the matter. On to commission. He received two letters from the the next day he wrote Mr. Emsley giving him P.and O. Company complaining of Mr. Emsley's a mouth's notice. So far as his knowledge was to Mr. concerned Mr. Emsley did not come to his work conduct. He read the let:ers over

at all on that day. He came on the second of Emsley, who promised to go round and apologise. During the time Mr. Ruch September, which was the day on which he waldy was in charge of the Singapore busi-tuned six pianos satisfactorily. Emsley asked ness he had general complaints against Mr. him for leave at about 11 o'clock on September Emsley. Mr. Emsley arrived in Hongkong 8th. He refused to grant him leave, but he about the 21st of September of last year. His stayed away, and he did not hear from him main cause of complaint against him were his until the following day, when he got a letter repeated absences without any explanation from him stating that he must excuse him from being given. Mr. Emsley's duty was tuning coming to business as he was too unwell to do pianos. When not out tuning he had to work justice to his business. Emsley was also absent in the store or in the workshop. When engaged on the 9th, 10th, 12th, 13th 14th, and 15th, in the store Emsley would frequently leave during which time he heard nothing from him. On the 16th, 17th, 18th, and 19th Emsley bis work and go across the road to Thomas's

was at work. On the 20th he did d one piano Grill Room. This commenced soon after he

and was absent the rest of the day. On the came from Singapore. The work done by Emsley in the store had been very bad work. Witness was not a tuner, but he had been 15 years in the business. He was, however sufficient of a musician to know whether a piano was in tune or not. Frequently a Mr. Mackie had had to tune pianos within a week of Mr. Emsley having taued them. Husley used to visit Macao every two months for the purpose of tuning pianos. When he ber you forwarding me a letter dated July 1st took the work over the firm had 21 subscribers from Foochow complaining about accounts

at Macao, and when he left they had only four. which had been paid being applied for over

There seemed to be general dissatisfaction with again, and adding, “To use a strong phrase and the work done. Three people dropped out be- between ourselves it is simply playing

with cause of a slight increase in the fee, but he had the biz.this second and sometimes third rendering

not included them in the number given. Wit ness then spoke as to Mr. Emsley being absent of accounts which have previously been paid, as customers naturally get raw at it. Gregs refuse in January. February, May, June, and subse. to give us their tuning on that account, and quently. Continuing, witness said he had a there are several others here who are awfully complaint about Emsley's Haukow trip. The bitter against the firm on that account."

total expenses were about $110 and the earn. By Mr. Francis-When at Singapore Mr.ings amounted to $46. During the 12 months he had been in Hongkong Mr. Emsley had Emsley did not sell any piano or anything to

made seven trips for him. He always consi- entitle him to any commission. He reported dered that Emsley was an unduly long time on that he had sold one, but it was one "I had al-

the journeys in comparison with the amount of ready sold myself.

work done. In the majority of cases he was about double the time away as others who had done the same work. In one case Mr. Hickie had done as much in three days as Mr. Emsley had done in six. Emsley's visits to Macao were a dead loss and very little profit was made out of the Canton trips. On the 30th March he gave Emsley a month's notice, but the disagreement was subsequently patoled up. During August and September Mr. Emsley had behaved abominably. Не Was away оп August 15th and 16th and gave no explanation of his absence. He was in the workshop on the 17th but he could not find that he did anything on that day. In the workshop a fair day's work was the tuning of five pianos. Mr. Hickie sometimes tuued six. Mr. Emsley him- self had done five pianos on one day. On one occasion he tuned six pianos, and those were out of doors. Apart from his little weaknesses Mr. Emsley was a fairly competent workman. From the 17th August to the 22nd he saw Emsley in the Grill Room and also in the Victoria Hotel. On the 24th of August, Emsley professed to have been in the store all day, but witness was satisfied that he did no work on that day. On the 25th August Emsley had entered in the book provided for the purpose that he was away half the day. Einsley was away until the morning of the 30th, when he suspended him for two days until he could take legal advice as to how to deal with him. Emsley said he was sick on the dates named, but he (witness) saw him going into the Grill Room and the New Victoria Hotel on the Saturday. He also saw him going into the New Victoria Hotel on the Sunday. The chits produced were in Emsley's writing, They were dated from August 17th to August 29th.

By his Lordship—I remonstrated with Mr. Emsley on several occasions in consequence of his absences. I spoke to him about his habits of drinking, because his absences placed me in an awkward position. We never had any quarrels down at Singapore. He told me there was a clause in his agreement about commission. I never spoke to Mr. Robinson about commis- sion. I have never received any commission on sales. My agreement does not contain a con- dition to that effect. I told him he was expected to sell pianos but that he would get no commis- sion for it. In reply Mr. Emsley said this was absurd.

Mr. Robinson, on being sworn, said he was in Singapore from the third of April to the 28th July last year. Mr. Cook was there when he arrived. Cook subsequently went away but was back again before he went away. During his absence Mr. Ruchwaldy had the ordinary management of the branch. Mr. Cook had complained about Emsley, whom he said was a heavy drinker and not the style of man for Singapore. He spoke to Mr. Emsley on the subject. It arose out of a conversation he had with him on the question of commission. Emsley said there was some stipulation in his agree ment about commision and that he had men- tioned the matter to Mr. Cook, who had told him no one in the firm received commission and he did not think he would get it. Witness told him he objected to pay commission as it was a fruitful cause of friction between him and his employés, adding that two men might claim commission for the same sale, instancing a case. He told him he had come out on better terms than all the men who had proceded him, and he would much rather make it up by giving him something more than the salary as agreed,

On being cross-examined by Mr. Emsley, Mr. Robinson said his business at Tientsin was in the hands of an agent just now. He had com- plaints from Mr. Cook in Singapore in April of last year although Mr. Emsley had only been there for about 26 days. He believed that in Mr. Hickie's agreement it was stated that the usual commission should be allowed. He did not know whether the clause appeared in Mr. Mayers' agreement. When they had this con- versation about commission Mr. Emsley did not say it was tautamount to bringing men out under false pretences. He invited Mr. Emsley to tiffin two or three days after his arrival, and it was at Raffles Tiffin Room that the conversation about commission took place. He did not remember Mr. Emsley- saying, after this conversation, that he would not spend ten cents for a ricksha with the view to selling anything for him. He had been through his ledgers, but he could not find that Mr. Emsley was entitled to any commission for sales. He paid bim half-a-month's salary on his arrival in Hongkong last September. He did not know whether the other half was paid at Singapore or not. He did not remember bis saying when Mr. Emsley went to Foochow last year that he should be satisfied if he did as well as Mr. Mackie, because the latter did not do so well on that trip. The total amount of work done by Mr. Mackie was $132. Mr. Emsley's total was much more--$239. But when Mr. Emsley made the trip the places had not been visited for some time. What he chiefly went on were the Canton and Macao trips. He could prove that when Mr. Emsley first went to Macao the firm had 21 subscribers. Mr. Mackie tuned 16 pianog when he went to Macao previously to Mr. Ems- ley. Mr. Emsley's trip after this showed that he also tuned 16 pianos. People whose pianos the firm had been in the habit of tuning might have gone away, but other people had taken their places. He did not know how many sub- scribers he had in Hongkong in August. Mr. Emsley went to Hankow under the name of Ransom, but he did not think it was on his suggestion. T'wo consecutive trips to Foochow resulted in $230 and $236. He was not aware a man could go from Hongkong to Foochow and not get on in less than ten days. He was not aware that the last time Emsley went to Foo-