THE KUBELIK CASE.

Dominion, Volume 2, Issue 613, 16 September 1909, Page 8

THE KUBELIK CASE.

. TT—; t~ — (By TolcEraph—Frew Association I Tt. ««»'• v , Dunedin, Sopiember 15. r3ir un brought by■ Hugo. Gorlitz aeainst £' *' alm l n damages far al~^high h Knb6l,k ' 3 Ne * ,'. The evidence Of Kubelik, which was taken on commission, in London last December,'; was. alsc read. Defendant- stated: that, prior, -to' hi* -JMM& 1"! hid not been qmtf ffff J t f ll! 'because he was drinking, Ho did.not treat people in connection with th tour, as,he should* and did not sottlo account; l' ,l e e ™P]°? ed ' GmlHz on. tourl be cause tho latter had oeen il], and:hi YKubolik' S» S 5f ry "v tour- Gorlitz' tepeatedly. approached him through .Junkermanr (dpfenduit's secretary) about the Austodiakahd ■ • , Zealand | ..four, t -,but defendant■ neithei agreed to nor .declined Gorlitz's proposals T\o ■thing was "definitely ■ settled. ;On 'landine ?5 Liverpool,-. after-the,-American, torn, 'Junkermann.and Gorlitz came into'his saloon-railwai carriage; wanting to Jknow: whether : he wbulo °T 1 an Australian' toiir,"' anc he asked Junkermann- whetherVaU -accounts or •th«-'Part..of Goriite".had-;been ; settled;' 9 jSnker maim - replied,: "There is a balance-;due" to yot of about ,£BOO, as iar as/I-can rememberl" ness, then,asked, Gorlitz: whether, ho was'■ reach to pay--the;.balanot_and- Gorlitz repiied? "No Witness rejoined : 'I do not want to-make am more business with.you:'".WitnessJM »«tS •Gorlitz again until ho r&ched: New- Zealand. In eross-eiamination defendant* hadisaid thai the.contractor the American tow^'wasS at, Dover m June, 1905, and he 6ald . at the time abouTai for it. sumufeaefitt lfc t^«W'^ e f dld,no '' Shttke han <ls with- Gor ff<? an .asreomoat; had-been made SjW - ne *f WB«d' Gorlitz to cable. to-'Aus to make arrangements, for. a tour whiol YKd ± ahead of HiScha .Elman's - tour.' "Hi tew m fi m v Spea J u ? g to J tm kermajin aj 'OiiSn*?' 01 conitract should be iinTPolish- oi :fe ta ™g Reproached for not called his attention' to, the fact litz that ATI ft ed " a P 5. contTact iwith-Gor ii tz, tnat the latter owed:him 920, dollars.: Hi ' mber auttoris >nS'J<uikermann' t< .threaten any consequences- if the -920 dollari S n n f^ ; K a if ;??r autl ' or , ls uis:.'J'iiike r maiinVt( settle for. half that amount. Beforo the-Ameri con tour ho signed an accommodation bill foi Gorlitz, and paid, the bill.: He- also, under ° & proce , cii 1 u S 9 . P a 'd' for "a piano 'lifc ♦\a a «y'Minted it in London, Gor iitz told him-would bo presented to hiin. Gor .Utz paid him about 8000 dollars in respect o •the American-tour. Witness had not iefnsec ,to go tOjAustralia, but he. had refused to-maki a contract with Gorlitz because the latter: re fused to pay 400 dollars which he owed wit ness. He gave forty-five concerts in' Austra'lii and New Zealand, the total gross receipts fron wtoch amounted to .£9GIB 9s.,b'd., ■ :/.... . Other-reasons for his not wish uig-to contract with Gorlitz. were'that Gorlit; drank, and:it was not.very pleasant : to trave with a man who had to be carried to bed Also Gorlitz was always'-behind with his pay ments. If, Gorlitz had paid up tho 900' dollar might-have entered into a new con tract,with him, but-the main reason why wit ness_ did not do so was that,-Gorlitz, had ;no ! carried .out the '.of a;-preyions contract If the terms of the'alleged cbntract had beei arranged they - -would, have been put inti writing. . ' . .. - .Karl Junkermann (secretary to Kubelit.-fron 1902 till_l9oß, whose evidence was also taken or commission) said that any arrangements whicl Audchk made with Gorlitz'were through him Therei had been difficulties and dissatisfactioi with Gorlitz, both'before and during the Ameri can-tour. Witness could not get money. 1 out o him, Gorlitz always having an excuse, one beinj that ho could not got money from local man agers. Gorlitz did deliver his accounts, re gularly,, and was drunk nearly overy' night During the American tour Gorlitz asked wit r ncss a hundred times to got a contract witl Kubelik for a tour in ■ Australia, Neiv Zealand and America, offering witness one-third of thi profits in .Australia if Kubelik Signed the con tract. .Whenever witness' told Kubelik nbou Gorlitz's desire, for a contract,' Kubelik-'invari ably refused, saying; "I cannot go further witl this man.- Witness accordingly- told ,Gorlit: that ICubelik. would/not sign a' contract witl him on the ground that* ho (Gorlitz) had mis conductod himself. In Chicago - Gorlitz askei Kubelik for a contract, but the Matter refused chiofly , in donia