LAW REPORTS.

Dominion, Volume 3, Issue 673, 25 November 1909, Page 3

LAW REPORTS.

SUPREME'COURT. SECRETS OF HAIR .CULTURE.' ! TEAOHER VEEHUS PUPIL. , ' A case which had to do with'hair-specialist's business ' was heard ■• before Mr. • Justico Edwards in tho Supreme Court yesterday. Elizabeth Milsom sued Maud Baldwin for tho sum of' JGISO, asking the Court to order that an agreement alleged to hnvo beeiv drawn up between the parties should bo specifically carried out. Tho case . had been removed from the Magistrate's Court. .-..--•■■. Mr. Gray appeared'for Hiss Milsom (plaintill), und Mr. • Blair for ■ Hiss.. Baldwin (defendant). .■'■■'.■ . ' . ■Mr. Gray said that ; Miss Milsom catered for ladies. who desired to have themselves made to look beantiful,. and her business was a large and lucrativo one. Miss Baldwin, who arrived from Scotland in December last, wished to. learn the business, and was apprenticed to Miss Milsom. . An agreement was signed, in which Miss Baldwin was bound not to commence business for herself in the AVcllington province. Besides using preparations put, up by chemists and specialists in Sydney and Melbourne, Miss Milsom treated patients with compounds of; her own making, tho result of experiments extending over a number of years. After sho had been assisting at the rooms for some time, Miss Bnldwin nsked for details regarding tho formulae'of certain private preparations, which were refused., Then she ceased going to Miss Milsom, and the £150 premium had not been paid. ; : On the "Making" of Beauty, Elizabeth Miisom : said 'that: her business included tho treatment of diseases oil tho hair, faco massage, hair-dressing, electrolysis, and manicuring.. She had been in tho business for fourteen* years, and considered herself competent to give instruction in all. its branches. Her staff numbered three, and they were engaged under articles,.■ MissiLongton being in charge. When 3) iss ■ Baldwin - came• anc asked to bo trained, sho finid that sho-had been in several establishments in Wellington, adding: "When I came to your rooms, Miss Milsom, I saw. that your treatment was.. jnsl what I wanted." Witness _ said that she would not give her instruction if she werp romaining in the colonies, and,, only on the understanding that sho was going to Scotland to practise, was she allowed to work as one of tho. staff. . ■'-:■■■ / : ' '■:.- - ' ' ■ -.-- ■-,-.;.•.■..•'..'■ . ■ A premium of J6150 was agreed upon,-, to bo paid within three months, Miss Baldwin having asked for time, to get money from Home. Miss Baldwin- wns' an apt punil; and- tbo business was carried, on : well, ; with Miss' Longton in charge, while witness was away on:.a five weeks' holiday. One day Miss Baldwin raid, "1 am, riot going back to the Qld Country." Witness replied, ."But you promised not to comnvencc; business in Now, Zealand. You know, I should not have taught you, but that you • declared -that vou were -going back :to Scotland." Miss Baldwin faid, "The agreement says, 'The provincial ■ district of .Wellington,'■ and'.there is a gooii opening, for. mo in Napier:" Witness said,' "K that-is so, I shall do all I can to help you." -At a latrr date, Miss Baldwin announced' that she had the money due under tho agreement, am sho asked if "sho might bo given tho secret of, .the.ingredients..used- in six" hair preparations. Witness -replied,. "Certainly not; sonio other arrangement inust be' made about thos-f." Mifs Baldwin said that sho was , entitled to the 'information, under tho agreement, -and, after further consultations on the matter, sho abandoned her duties at the rooms. Witness informed her that she was nt liberty to' buy the preparations either in bulk or in jars, as 6he herself did. The .'.preparations' 'were hot patented or registered, and they could he bought.-by anyone from witness's brother, who made them upi Similar results were obtainable with other lotions, but these,said,, suited.-her',.' ■ . : :. ' "■■■■ .; : ••••, '(Port and "Starboard" Hair Lotions., . Mr. Blair: Miss Baldwin was ,to learn the . whole of your business?—AVitness:"Yes." . Your business, of.couKc,- is the best in, Wei-' lingtoii? "That, is a matter" of opinion.'; , .'-.' •' ■. And Miss Baldwin camo to you to got .bettev training than she. could .reccivo. any where' else?—"Sho took a.fancy to my -rooms." \ ■' ■How can a person bt a "hair specialist" without knowing what, sho is sticking on' tho hair? :' ' - •:' -■. ' •; -< : :';;.):•; i ' '-' ' ' ■" iEis Hononr: It is not a medical term; it is ii- raere-.namo which'.the ; party fixes for herself.-.' ,' • .. .',;.'■ , : •' ' . ■ ', '■ .-■•' :■-.■'.'■ , : Mr. Blair -'(continuine):.'-. Tho ■: hair; mixture! are of two colours—red and green?— Witness: "Yes." ; ■•'". "'•';.'■ ;, ■■"';; ;•„; . -" .■-■'- : ,With ono you go port, and, with tho, other starboard ? Those are the rules so far' as' Miss Baldwin is concerned?—"l don't understand." ' ' You' use the red bottle when there is pno stato of affairs, and- the green; one when there is another?—" Yes." '■' V .'■'■'■ -Thereare only'twopreparations for the hair? —"Oh, no; those-are for ordinary treatment." Wero any other mixtures used while Miss Baldwin was. there? If I had come in, I should have had either the. red-or-the'green f— "Yes, and if you came in with a bad case,' I should tako tho book down and niako up something special."' ' '.'•'.•■ •'. ■;-''' j • You advertised "a famous lubricant and hair tonic?"•"'. Was that part of your, business?— ■"Yes." ■■ ■■''•; ■■■ '-.'. '■'; ■' - : .- . ■■'-* .Where do you suggest that Miss Baldwin could have learned than with you?—' "She was to have the boiling -down of fourteen years of study, bnt she was'.'hot to.have tho secrets of-: these six preparations." • : ■'" Evidence was nlso given by Mildred Olive liongtori, and by Mrs. KoUeston, hair physician, and face specialist. The latter/said that she would not discloso.particulars'of private pro-.

scriptious to any one sho taughtt , /-.•'.■' : Herbert John Milsom, brother, of the plaintiff, said that ha traded as : "Milsom and.Co." the "Co." being his'sister. The preparations woro his property,-having-been-..given.to him by. his sistor. .'-. ■ ...' •'■'. .:.'■'.-■.: Mr Blair pointed out that Miss Baldw.ln.'had l been prepared to pay tho premium, Bs:st'du a?. 'the preparations woro explained to her. They wero-part oft tho business.- She- ought not. to be-told:. ',Tor a dry head; uso this red. stuff. 'and for a greasy.head, , take that.green bottle."I -.■"■. The Pupil Gives Evidence. : : Maud Baldwin stated that she was now resident in Napier, and her business includod shampoo, manicure, clip, and face inassago. Sho had intended to remain in. New Zealand for a little'while onlj-, and had already booked her passage sho" saw : , Miss Milsom. Then she thought it would be a good idea to study the business, for a month here.: Hiss Milsom said that a month's work would , be Quito useless, and offered to teach her for six months for £250. Finally, Miss Milsom agreed to teach her "the hair, hand, and face" for £150. Sho was given instruction, in. manicuring, by. an apprenticed 'As '•'•' for- tho "hair business,", jhe was told, to -put oiio. thing on dry hair,; and another on greasy hair. Tho lotions-were distinguished by being green and red.- Thoro were six hair tonics, regarding whoso ingredients she "had not been informed, and she was given particulars of only -one lotion for. "diseases of tho complexion. It was after she'ceased, going to Miss Milsora's roomti. that, she first entered into negotiations to take over her present business at Napier. She left'. Miss Milsom'''simply because the latto refused;to' make known the ingredients of the preparations."":: —•'"""•■• ' The Teacher. Wins. ' ; , - At. tho conclusion of argument, when his Honour had intimated his intention of giving judgment for the plaintiff, Mr. Gray said that his client would-consent to-reduce her claim by half. , -' .;. :•..• "■..-"; ■■■-.■■ v- ■•■-- ':. ■■ His Honour remarked that, lie did not doubt the skill of these ladies to niako : hair grow' whero it ought to-grow,-and to destroy-it where it was not but , the term of, " hair physician". could not> logally bo applied to them. It was a liberal offor made by plaintiff, and. judgment would bo entered.in her favour for £75,.with costs in both Courts. V.- DISPOTEI). LAND'TRANSACTION. .. Tho hearing of the case, Harry Crump versus Alexander Arthur Eeynell,. occupied ;Mrl u Justice Chapman all day yesterdriy'. ■ -"-. ■:-. ■■:■'■ ; Nr. llislop appeared'for'■ Crump"(plaintiff), and Mr. Myers for Ecyhell (defendant). -. The statement of claim set out that, on May 12 last, Eeynell sent a memorandum to Crump offering to buy certain lands .in the city, for .£7OO. A deposit of J225 w;ns paid, but soma days later, Keynoll notified Crump that ho would not. complete tho : pnrchaso. : Claim was mado for specific performance. . .i Tho defence was that Crump, was not in a position to deduce such a title to the land as lloyuell.v under the 'agreement, was bound to accept. ; ;, ■ ; .:.:., .-..' . ■'. .-,/, : . .-; ;■-■: ' Tho hearing will be resnmed this morning. ;>V - ■ -:; (Wofore Q,- Kiddell; siK)!-::. • HISIFR)END/ ; A coloured man '-named James Diggs appeared to'answer-.a assaulting and robbing George Grey of 13s 6d. oh November 12. : ■ -,':.' Cotnplainant. Grey; stated that- he".'met; ao-;cUßad:jn..th&:Dulte<ofL-EdinKiirohJ;rnfel-in«i>k<>

day referred to,, and liad-bcon drinking ..withX■-.;;) '-.'■■'.% him during the afternoon. .In company,- with'i : ; ;,'; accused and another, Jiereon; lio .wcnt/np: Boul- ,; :',,S cott Street, and was ; asked. to provide more 1, ; A drink. Ho refused,' stating that he had had ; >: / i-S enough, /whereupon , Diggs'knockod him dpwni .' i;';' '.blackened'.;*his eye, ''and .dislocated his v jaw. .;' .*•'W! Whilo down, brie of. them ransacked • hia. pockets,'and 13s. (id.'.was taken. ' ■;.- ■';; ''y.'/'''o;.; : '■;;■>; Detective Cassells stated that ho saw; accused*/;:!":-Ai,'3,; at the Cricketers' Arms Hotel- on that day ••:,• ':' /i Heathen stated that he had quitted the Dulso'' ; ;\' ; 's of Edinburgh,; Hotel without Grey. arrested-accused later,, v r > , ;• \,V" : '' : •■'%'/>'.,':'? Accused .said .that,' lie : cbuld . 'call'- evidonce ■ '■■':■::"■■■&<s to snow that ■ hc'w'as entirely." innocent-;o{. ; '. ;■';-:;,■ tlie charge.:,.. .'.-'. '■.'-- -.' '•".;■■.<' ,: ■'P-i :.>':'•.'■■:', ?i John M'Calium; a u'rcmaii,,:stated'.that. ness and.five other, men.were'in tho Tmr-:on-';!:■;•'.'':;: the night .in question. Grey ' went , away- alonoj'- '"■" S and accused went-out about a quarter-'of 'na' :-^ ! ;Yi hour; later. ■'-■'";:•■, ■:.. ; ,-. ■• ■■■•■'."■;-. ■'..%■/; ',„ ■ v , .-'-'.'; V^ Under cross-examination by-- Chicf-De&tive ,; '; v'<> 3 Broborg, .witness ,admitted;.':having , ,;BDrVed'.;/' : ifv; various terms .of imprisonment. .; 'v :'-.'-.--:-.v." '.:•;? Giving evidence on his.own bohalf,-accused ;tf;JK TOiltW;,hi!'iliil , ;pt{«:sp.BDllll»tt'Sllrf;::!: ; 3 with Grey, neither ..did! heUtrike'nor rob him..' v j "■.'.-' Ho ndtnitted, however, thalfho had once:been ','i'v;" ; < ; sentenced: to. two years': imprisonment for .'theft.;>•■' ■; : v ' *; trom. the person,: nnd had ''also--served ']&?'■'&:s months for theft.. In"fact, since 1905 ho had' ;V':;•.!;• spent most : of his. time in gaol. Ho ■ was' com- ' r, ■ '.'•■'■.■£•?' mittcd for ■ trial.'- •": ■ ■ i:,:, ..::-:';■;.:. - •■;- } ■•;.•; .-.->v:'.:;;'K .'. ■-. ■..'■■'■':• ■'•■-■■■■" "'■'•■■■■ : i.Vv ':A.' ] - : \?'-~'rJ-zs% . : ' ■' ■A- FORGED/ OKi)ER. : /■O-:\ y: -/'■■:.■■γ^l John , ■ Riley:'wft'S'"charged .with forging• the- *'"'/-- name of J. 'Murray to an"-orders 12s. '"■ "' ; ~J* on Messrfe.. Dalgcty... and Co.,': Wellington, {on: -V August 10 at. lialiuri.r' ; ,•:«;■-■ '.■'.■-' '-■>-;•■■. ■■ ■■.!;'./... Yj-fi: 'f{ ■ i'homas -Aubne, at present' in : ; prison,, BtatedJ s ':jf<£that he had.:.worked for', three. weeks' neat ;-■ "VS Pongaroa. : 'Whilo there, he received'- a .hook cori> ■'■'; 'V:■'■• :7< raining eome blank order; forms on and Co. Later ion, ho and accused wero,dnnk-v^v , '! : ?! )ug together at irakuri, and ho handed-'dvckiV;:fc:-;J: one .of the blank : forms. Rilov' filled ordpr, payable- to Storey, and' signed -'the'--name'.-' - ■■'&: '■ ':' of, J. Murray to' it. .Witncssvcashed^rit^'at;- 1 ':-,':.;.-•-.V Jlakuri, arid received clothing to tire value-pf:..■•;■•.■■;;■;-.£lO, and the' ••■ balflrice r in cash. Ho giivo"ac-! ;':■".';:i'; cused XI, and wont' to ; Dannevirkei\Vherd ; he.; ;.'-';--' f \:). sold: the clothing'to ;a second-hand dealer" iorVi, '-V'vS Ji2_ss. They shared tho proceods in drint ';-: .::f'-,- ; Sweeney stated'that: on -November" v'-i'J; :< 1 iv -^ ,lc ¥ accused , -, surrendered, himself.' 1 ■.: f ■ >;' to the police. ,He. redd ■:&'. statement-- \ Biley,; admittinjr tho iofrence." .■"-. -■.-^■' : -\).ylv;k ,-Acciisfd pleaded, guilty, and was committed'ifor trial." ~: ' '•■■"".■■••;'•■; ■:■ ';.■ ■- : ;■■ ■ ■■■ /,.■: .\;:: : ;-Vi::;-

A HOL'SEBEEAKEE. - ,j Edward. Cox, alias Cocks, was charged wilh stealing from tho dwelling of Emily Smith on ' ' ' November 20 various articles of,clothing and ' jewellery, of a total value of about JCS 14s. ■ Mrs. Smith staled in ovidonce that s'io resided in Courtenny J'lacc. When sho left tho house on Saturday, the article? produced iu Court were in a bedroom, but.when 6ho returned ''• they wore missing, .and the room was in n I topsy-turvy condition. The jewellery was' also ' missing. Sho picked up a brooch in the passage. After other evidence, accused said that ho was undor tho influence of liquor at (he lime. Ho ' ' pleaded/guilty and was committed to the Supremo Court for sentence. • , / .

-. .-' -; v K[ ; ',;'T^;THlEVES.^'^;v:i\;: ! ;'^i:'--;'py' : ;; : Herbert.'..Hunter:;,and\,James .Arnott':were;')'v &■ brought, up on tho remanded. charges of; steal-!'": ~' s '- ' ing a lady's coat' valued ..at 10s.', the , prqpertyi'T.)'Vpf Charles •; Woodward. , '.Hunter wns; ;Valgot : JSJ>. charged with stealing a' razor, a,cake of soap,:',•'".:.'■" a tin of powder; and a-'.silk 'handkerchief/' ,,: -',V-.;!i. valued at 205., tho property; of John Kaelj. . -,'.'■.>.• ,":s'■■ Arnbtt pleaded ■ guiltyy : but Hunter pleaded ; V X>c'-': not guilty inregard toeertain items. ' ~.•.') ••:':■■ : . After hearing oyidence,:the pair ;-wero<each 1 .'.: .'':4 sentenced. to # ;;threo months''imprisonment- on''.";.; , ;.'. the first r ,chargoy.(and,Hunter■: -was, , : awarded' , . "'•';-;', three months'-imprisonmeht'in connection with-- :'i,'j,.the other offence.;.. ■-',:;'• ■-:,■':,;:: >.:'.--;vi;i'EW,

INSOBRIETY. ' For insobriety, one first offender was con. I victed und lined 55., Jesso Underwood wns fined 55., and Susannah Ackcrman was or seven days, on a charge of drunkenness last , ' month. She had beon ordered to como up for r.enlenco if called upon, providing she'stayed* six months at the Salvation Aimy Ilome. She I did not comply with her undertaking, henco the proceedings. CIVIL BUSINESS., v/.).',;!>•, ,< , , u (Before Dr. A. M'Arthur, S.M.) " CLAIJI roil BOARD. Tho^ adjourned,casein which 'M^. . bo.ir'diiighouhe-kceper,-' Adelaide K-oad. (Mr. , vUnnu), proceeded against Mortis Lust, tailor 'and mercer, Ifeatherstou (Mr - . -Meriteath), to recover £69 ds. 5d., balance alleged to- ho due to , plaintiff for' tho boai d and lodging of do- '"• fentlant's children al'JCl Vi%. per week, and for clothes, goods, and chattels snpplicd by l plaintiff ior tho use of tho children, was coneluded. Mr. Mentcath staled that his , client, had. , ' paid the amount owing, but hadilost tho receipts through a lire. Lust had been through * i the Bankruptcy Court, but plamtiff.lodged.no claim, so, ho contended, it must be presumoj . that uo money uns owing. Mr. Dnnn maintained that a bankruptcy v.'. another State did not absolve defendant Iroi , v ; a debt in Ken Zealand. ■ ' Decision nill bo given on December 1.