MAGISTRATE'S COURT.

Dominion, Volume 2, Issue 532, 12 June 1909, Page 15

MAGISTRATE'S COURT.

(Before Dr. M'Arthur, S.M.) "in the limelight." an Actor in court. Wrongful dismissal waa tho allegation made by Edward Blagdon Russell (actor) ojainst Allan Hamilton (theatrical manager), at the Magistrate's Court yesterday Morning. A claim of £100 damages was made by tho plaintiff (who was represented by Mr. Fair), and defendant (for whom Mr. Gray appeared) intimated that tho sum of £5 was to have been paid into Court in settlement of any wages cUim. Plaintiff, in evidence, declared that he had been dismissed from Mr. Allan Hamilton's DrAmatio Company in Wellington, and had • bcon offered only five nights' salary. He had carried out his duties in a capable manner, and there was no good reason apparent to him for his dismissal. The offor of £5 had been refused by him, and he claimed to bo entitled to a week's salary and a ticket to Sydney. To Mr. Gray: Ho had had 22 years' oxperienc* on the stage. Ono of the.usual rules -was that an actor mußt never appear es.the'gtago unless properly "made up," end he must not go on to tho stage in a. «tat« of intoxication. It was not a rule to dismiss a man for a, first offence, as regarded intoxication. H* was fined a night's e»lery by most companies,' and'-dismissal would only follow a second offenoo. 110 was not acquainted with the rules on this matter at the Wellington Opora House. The company had-opened "'"at tho Wellington Opera Houso on May 28. On the Thursday of the matinee he had had nothing of an intoxicating nature, but ho was sufforing from a bad cold. Tho only remedy he used was Friar's Balsam. It was fact that h«"' went on" that afternoon without any make-up, and in his ordinary street clothes, witn tho exception of a frock ooat, but be was not intoxicated. This was the last performance of ','lu the Ranks" in Wellington. Ho went for his pay next morning, and was of'ared £5 for jive days' sorvico. Ho wonld Tare been satisfied with a week's salary nd a ticket to Sydnoy, It was incorroct to .ly.that whilo, playing "Sunday" with Miss -Jittcll Bruno 'in ono 'of Mr. Williamson's companies, he had been dismissed for druilkenness, and was kept on only after pleading Mr. Williamson, Mr. Gray: Is smoking pormittod on the stare?—Nβ. ' _WeT6 you smoking on the stago on the nijht of y«ur dismissal?—l may have been snwking a pipe. Would you have dono that, Mr. Russell, if ,ynu hud been perfectly sober?— Yes, cortiuily I would. , T« Mr. Fair: Tho stago rules wore not oDtervdd strictly, and managers seldom compMned unless tliey were violated to excess. Hβ had bten in Mr. Hamilton's omploy in Australia, and had ■ known Sir. Hamilton for many years. Mt. Gra,? said that he was extremely sorry that the circumstances wore such that the pliistifi, who was- a capable and experienced actor, should have had his engage-' meat severed. It was a rulo of the Opera House that an actor might bo fined for the fersf offence pf intoxication, and dismissed f«r a repetition. The rules.of the stage ell'the world over wero that intoxication rendered an actor liable to instant diaMistal.

.'. ,6«?Tge Cross o stated /that. he '.• played a leediiis part in tlio play "In the Ranke." Laet Thursday.Mr.■■ Russell came:on with ■no roake-upjvDxcept .ft,moitstache-^-tliore.was nosign.ot grease-paint. ■ He/more a red, in- ; stead oS. a light, waistcoat, dark trousers, "end;had no.spats; His condition was also n6tietablo : to some in the audience. : Witness . haw!'; seen a man,' while;' 'drunk, play hi* .part .niuch . bettor;,. than, when sober, ■ ;but ~ this . part-rthat.v of. a statoly' old not be' improved in that • .way.,, "■"''■■.'■■■''.■ l::- ' <■■■'( . '■.■'.;'' '; '%x. Fair: Youiplayed a'leading part, Mr. Cross?—l did. v."■■'■■ ■ ;-■■.. ' '•■■■.■

.And," consequently, -.better conduct is oxpsctfld from .you. thin from an actor in Mr. lliib'ssU's position?— Not at all.,'■-:•." ■■.;;The, Magistrate: Docs 'conduct--vary, according .to salary P '"(Laughter.) .. • : '•. ,: - JatneaStowsrt Cljde, csslatant stage maneger,' stat«d that ho' held the script in the i. first {.sot ■; in •.•CBse' - l of. omer■geiic*,,.bnt plaintiff needed no prompting, althoujli: witnoßS had some difficulty in following: him. The only mistako which witmM» noticed wtis that ho spoko of a ."Bengal?« b&mhpo" instead of "Bengalee baboo." :.. .tt.this stage, -Mr.: Fair, in order to shorten proceedings,,admitted the charge of 'intoiicfttion.y. ■,:■■;■: V' ■'■■'■.'■■'■> ■ ■■;',' ;•■ JUrtin Marcus; manager, for Mr. , Harry •Rickarda, stated, that the recognised rule tt*s .-' that intoxication carried instant ; dis•mieiKil.'.'Ho knew ofae many cases of disml»«il as of imposition >of fines. ■■'.'■■' Buller, irianiger for Mr; Allan Haoiilton! in Wellington, gave similar ovi;'denco. ■. ■ ''. . •■• : ■''■. ;■;'■-.; ■".' ,- : : ' ■ ""■•Tlio Majistmte, in girint judffment, said .thiittlie plaintiff had been'm the position of;3oriouily Midwijerinj the suecesi of the coi'jpnny, ..Tlie rule regarding intoxication mijcfit appearto tontti drwrtic, but it was a'.iipciioiiarj rule., .If.it were known that, of : necessity, .fiwe •-'.must, be ■'. latitude given, tlicrewould'be.np s»yiii(j where th»t latitude atwhld end.; : Aβ (iingj were, tetore were ■k-.'pt under discipline' »o th»t they might up--po:it. before .the public in a conditi«n con. .-•niil'rit;-'with 't!w 'proper,: performance. of '.their: dutimi. , .' It anit b« admitted,that pluiiitiS iras i»toije«t_ed, and tWefore the maiiageßMiit were Justified in siring him his diiiniiiMl, when his appearisoe iras such an would eenously • injure/the 'company. It would be *n undeT9t*ndinj that the £6 whioh was to, have been paid into Ceurt ehotild go to the plaintiff,-and judgment would bo for- 'the defendant, with solicitor's fee and Court costs.

PROMISSORY NOTE CASE. | The hearing of the c(lso Aaron Samuels and Georgo Wm. Gray, tailors, trading as the Wholesale AVoollen Company, v. F. W. Va-ro and others was_ confciuuod yesterday. Mr. Luolrie, for plaintiffs, moved for judgment on , several points. Mr. Levvoy appeared for tho defence. His Worship reserved judgment on tho points raised until June 15. ; POLICE CASES. ." ■■■'.. (Before Mr. W. G. ltiddoll, S.M.) Tflß HANKBY STBEET FIRE ALARMS. ■ Action was takon under tho city by-laws . against John Evans, charged with unlawfully ringing a firo alarm in Hopper Street on Juno; 5. Mr. O'Shea appeareel for t!he prosecutionand Mr. P. Jackson defended. . Doris Harris, residing at 83 Hopper Street, said that on tho ovenrag of Juno 6 she was returning to horhome about 10.30 o'clock When she saw.'.defendant and another man walking stealthily alonjj tho ■' street. Sho w»tohed them from behind a fence, and saw Evans break the alarm with a pocket knife. Shejran out and endeavoured to detain him, at tho same time calling out to Mr. Macdonald, hnsband of tlie friend with whom she was staying, so .that he might come out and help her. The defend&nt sliook her oft and ran away, as his_ companion had dono before, but she followed and traced thorn to a house in South Avenue. She knocked at the door, .and when someone shouted out to her to go away sho.:replied that "she wanted the man who brdko' the fire alarm. A vo-ice roplied "Hβ dcKwji't Jive here," and then the same voice said to someone insido, "You'U catch it for that, Jack I" ' ... ■ : Louis,Macdonild gave corroborative ovidenee. '._' '■-..'. ' Superintendent O'Brien, of the Fire Brigade, said that on tho night of June 5 three false alarms were received from-the neighbonrhoodef Wallaoo Street. Ono was at 10.21 from Hmkey Staect, ono at 11 from Wallace Street, and the third at 11.44 from Hopper Street.- When they reached the box for the third alarm they found a young.wornan.mak-. ing.. a statement to-the'constable. He accompanied'the eonstahlo and Miss Harris to the house which the-latter indicated in South Aremae. A man, not tho one who broke the alarm, c&tne down to the door and said that there ivas no. one else in the house. Whon :tJ». suptrintendent. persisted, however, 'the defendant cane'down. , ' , .', ~'"■-' Constable Belcher also gave evidence. . .Defendant stated that,.on the night of June 6, he. had been down to the town, and ■retumea home .about 10' o'clock."' He "got off the tram at Hopper Street, and walked straight to his' house, which he reached at about 10.80. Hβ went to bed, and • the next thing he knew after that was that his brother 0»m6,. ; and told him that the police wanted him for breaking the fire alarm. He went.down and was identified by Mius Harris as the man who had rung the alarm, but Mscdonald stated differently.' James M'Geo, telephone linesman, and Jossie Evan's, wife. of dofendant, and two other witnesses also gave evidence. , His Worship said that tho evidence for the defence consisted of an alibi made out by tho persons in tho house with defendant, but there was. substantial contradiction in the evidence given by them for the defence, The, witnesses for the prosecution, on the other hand, gave' their evidence without hesitation. Defendant would be convicted and fined £3, with costs 255., in default soven days' imprisonment, seven days being allowed in which to pay the fine. b• ' ALLEGED SLY GROG. Two .charges were preferred against David Barrio, tho first that, on May. 29 at Wellington, he was found in certain premises in which liquor was found, to wit, the Paragon Bpardinghouse, Taranaki Place, and was ueemed to have been in such;place for th 6 purpose of .'illegal dealing in; liquor, and the second that, on May 15, boing the occupier of certain unlicensed premises, to wit,':the Paragon Boardinghouse, in which liquor was sold, was privy -to Ihe-sale;- - .'•■.■". . .Mary Annie Wright, alias Mary : Jano Barrio, was also charged in connection with the Caso of selling .'"liquor. -•.-.•.. ■All three cases wcro adjourned to Juno 21, defendants U> payivitnesscs'espenses. : :;' '■■.'. /■.>.''.'. '.' ASSAULT.■'■'•. ;■'''/'■'■'.'.,■ '■ For assaulting a little girl-.named May Townley, Edward Emmott was convicted and fined £3 and costs Bs. ; Mr. V. Jackson, who appeared _for stated in extenuation of the offenco that Emmett was drunk at the time, but. his held that, if a man aoted in such a manner while jhe was under the influence of liquor, ho must, be held responsible for-his. .actions." : .■■'''. ;■■■; QUARREL.' : ' Proceedings for assault were instituted by Graoe; Nellie Ewing against John Gardiner Ewing, her husband. -Tho position,' as'statod by Mr.'Dttkicll, who appcnrcrl for the prosr> oution was that,in 1907 .the parties 1 disagreed,: and in consequence drew up a deed of soparAtion. On June 7, plaintiff made a remark which annoyed defendant, ana ho rushed at , her and.caught hold of her hair. For tho defence Mr. M'lirath urged that tho assault, if;thero wore one, was not !of a serleus nature, and was duo to provocation. His Worship convicted accused, and fined him £2 and costs £3 6s. Ho wae also o> deredto entor into:a bond, self in £60 and one-surety of £50 to keep the peace. Security for appeal was fixed at £10 10s. ... ">•',';.'' ■ ;■'■ ■'••■."OTHER CASES.' : ■ ,For being an idlo and disordefly person-in that ho had idsufflcient lawful means of sup port,- James Qnirm was sontenqed' to one month's iaprisonmetit.■ "•■■".'■.■ .: : . Oonvictions in the cases of seven cyclists charged with riding without lights were recorded. Thos. Stead was convicted, and die-.-ohargedi Leonard Smith fined 35., Arthur Hamssy, John Larseu, and Alexander Collins irero each fiuctl 55., and costs 7s. Albert Nesbittj Frederick Warner, and Octavlus' Ha'rrisoi) were each orderca to pay costs 7s. Arthur .Collins was .fined 10s., and costs 7s.

Informations laid by tho inspector of the S.P.O.A. led to the appearance of four carters, Edward . Kollegher, Gco. Mudgo, A. Milroy, and Jarnos Patohing, all charged with overloading their vohioles. Mr. J. Doylej city, inspector, explained, on'behalf of the. prosecution, that sinco_ the cases'had been commenced, cortain mitigating circumstancos had been- brought to light. ■ He therefore «ked that no penalty should be imposed, His 'Worship declined to comply with this request, holding that penalties should bo imposed as » warning not only to carriers but. to the general pubjie. Each defendant was fined ss'. without; costs.';., ■'..'■ ■,' .-. : .

A licensed carrier, Albert Crampton; was fined 10s., andcosts 95., in default 48 hours' imprisonment, for'going upon the- platform, of, tho Thorndon Railway Station for.' the purpose of removing luggage. , .' ■[

Hasol tora Stanley, charged with'importuning, pleaded guilty, and asked to bo given a chanefc. Sho was convicted and orderbd to oomn up for sontenco when called upon, on condition that.-eliß' left for Westpprt to-day. Three men wore oharged with insobrioty, two of them being first offenders. One was convicted and discharged, and the other first oitonder, who failed to put in on appearance, ■was convicted and fined 10s., in default, 24 hours' imprisonment. James Howe, who had been, twice'previonsJy convictod, was fined 10s,, with tho alternative of 48 hours' imprisonment. . ■" ■