MUSIC AND BUSINESS.

Dominion, Volume 2, Issue 612, 15 September 1909, Page 8

MUSIC AND BUSINESS.

JAN KUBELIK SUED. ' CASE BEGUN AT DUNEDIN. tßy Telosraoh.—Press Association.) : ' Dunedin, September 14: : In the Supreme Court to-dayj before Mr. Justice Williams and a special jury of twelve, a case in -which Hugo Gorlitz is suing Jan Kubelik, violin virtuoso, for .£3OOO damages, was commenced. Mr. W. 'C. MacGregor and Mr. J. B. Callan, jun., appeared for plaintiff, and Mr. S. Solomon, K.C., and Mr. A. S. Adams, for defendant. • ' : Claim and Defence. The statement of claim sets forth that, between 1901 and 1906, plaintiff acted as musical agent for Kubelik in six concert tours of Britain and the United States, and,. during one of these tours, plaintitf entered into a contract with defendant (on I'ebruary 20, .1900,-at Chicago) to undertake a.concert tour of Australia and New Zealand. Under this contract, not less than forty concerts were to be given, beginning in September, 1906, and ending in the following December. Kubelik was to receive 60 per. cent, of the gross takings from all concerts given in"Melbourne and Sydney, 55 per cent, of gross takings in other centres in respect of the trst concert, and 60 per cent, in respect of any subsequent concert there. Kubelik also was to take 80 per cent, of the gross receipts from philharmonic or symphony .society .concerts, where.a fixed price was arranged with such eot ciety, and 85 per. cent, of the fee for "at homes" not' arranged by any other musical agent than plaintiff. Gorlitz was to be enTitled to the balance of the gross receipts, he undertaking to pay all other expenses in connection with the tour except the accompanist's salary. Kubelik undertook to pay his own travelling and hotel expenses, and those- of his suite and accompanist; also, the expenses of ah orchestra should he desire the support of one at any of his concerts. The receipts were to be under the control , of Karl Junkermann (Kubelik's secretary); to whoffi a statement of them was to be handed, and payments duo to Kubelik were to-be made weekly. It was also provided that there should never be more than the proceeds of three concerts in arrear. Gorlitz was to submit all preliminary arrangements in.connection with the concerts for Herr Junkermann's approval. On the» day'that this contract was entered into, plaintiff; at Kubelik's request, cabled to his (Goriitz's) ■ representatives in London as follows:— Ask Murphy 'to cable Australian tour positively settled; open Melbourne beginning September;-also inform English press; tell Madame proposing Louis'advance- agent; leaving for 'Frisco tonight." On the completion of the American tour, S'aintiff and defendant arrived at Liverpool, on ay 27, 1906, when Kubelik refused to carry out the above-mentioned contract. Plaintiff there-. ' fore claimed that, by reason of the breach, he was put, to much loss'and. expense, and lost prdfits which he would..have made had defendant performed his part of the contract. He ■claimed to recover .£3OOO damages : ' In, the, statement of defence it is admitted that Kubelik made several tours of Britain and America with plaintiff as his agent. ■■ -It is also. admittedN that plaintiff, and defendant met at Chicago on the date alleged, but defendant denies tnat he entered into the contract mentioned: in tho of claim, or, in fact, into.any contract for a tour, of Australia and New Zealand. Defendant, also denies that, either.,at his.request or otherwise, plaintiff sent the cable message above quoted. Defendant admits: that, on or about May. 27,; 1906, ho refused to enter into a contract with Gorlitz for a tour, of Australia and 1 New- Zealand. ~

.')...; .'■; 'of Plaintiff. : \ : After detailing negotiations, in America,.plain. tiff stated in evidence.; that he 'had .made out three. copies of the''. contract. .which he. forwarded toHerr Junkermann, but none of thorn ,was-signed on behalf of Kub(jlik. : 'At Quebeo Juakerinann informed him-that unlesshepaid 92Q : .dollars,, ivhieh. were alleged to, bo ( due to, Kubelik, the,-latter would,not cohtinuo with him. Witness had replied: "I havonot cot the money, as I bare lost such a lot lately. Herr Jnnkennann went away, and on coming back said that if witness paid half .the money it would" be all right. Witness than borrowed 600. dollars and paid Junkermann. , Between Liverpool and London - Jnnkernla'nh -told, witness., that , .unless, he paid'another, 420 dollars owing Kubelik would not eo to Austjalia. Witness on that ,occnsi9n contended ih'ftt'jKubeliK' owed him 980 dollars.for special"'''advertising. Eventually it was arranged that Kubelik and witness should talk the matter over next day, but' the ■ former' went ;to the' Continent • that' night,;and-witness him again until the beginning of last year in New Zealand.. The lost letter wnich he wrote'to. Kubelik was on July 25; 1906, and in it ho , claimed .£3OOO damages. In the latter part of the letter he wrote:—'.'Junkermann says I have, been dismissed for being short , in my accounts.". Witness asked Kubelik to - get his- secretary . to withdraw such a statement or he would take proceedings for. datamation of character, but Kubelik made no reply to ithe letter. ' :Tho result of Kubelik's failure to carry out the contract was that when witness arrived in London he found his business gone:' He,had to give up his home and he was virtually ruined. .. .

' Plaintiff's.Character Impugned. V, .'Mr. MacGregor stated that' Kubelik's and Junkermann's evidence had been tcken in London, and i he. would ask a few questions with regard to the same. Kubelik said: "I was-not satisfied with plaintiff's conduct before the commencement of the-American tour, and the grounds of my dissatisfaction were—(l) that plaintiff had been drinking;'(2) that he had treated people roughly as manager; and (3) that he did not properly; #»ttle his accounts with me. It was not very pleasant to be travelling with a man who has to be carried to his bed drunk." -.•..'.. . '.. ■ • •■"

.Witness replied, that these'.statements were untrue*. ■'•-.' ■ ; ■ i Evidence was.also given'by D. E. Theomin (chairman of directors of the Dresden Piano Company), D. Phillips (managing director of the same company); Jos. Lindsay (actor), and G. D.;Portus, all of whom testified to plaintiff's temperate habits, and..by Harry Musgrove. .. ' . '■"..■..:.'. The case is not yet finished.'■