MAGISTRATE'S COURT.

Dominion, Volume 5, Issue 1512, 7 August 1912, Page 2

MAGISTRATE'S COURT.

(Before Mr. W. Cf. Riddell, S.M,) NOT AT REHEARSAL. H THE MUSICAL ARTIST'S CASE. THE REDUCED CHEQUE. , Tt At the Magistrate's Court yesterday, before Mr. W. G. Riddell, S.M., Philip Newbury, musical artist, sued the lloyal Wellington Choral Society for dtlO 10a., which he alleged was due to him as the balance of a tee of 25 guineas for his singing in jj the performance of "Cavalleria liusti- J] aina" in Wellington on Juno 1. B Mr. P. H. Putnam appeared for the * c plaintiff, and Mr. K. n. Webb for the de- al l'endant society. It was stated that, the Choral Society had deducted the .610 10s. because plaintiff Newbury had not attended the final rehearsal. They maintained that their action was in accord with custom. In his cvidonco plaintiff stated that, when in Auckland some (time ago, he had been approached by Mr. Caldow, the secretary of tho Royal Wellington Choral Society, who had asked him if he would sing in "Cavalleria Rusticana," which was to be performed in Wellington on June i. Plaintiff had replied that his ( fee was 25 guineas, and Mr. Caldow had said that ho would arrange the matter. On May 20 he had communicated to Mr. Caldow the fact that he could not attend a rehearsal on June 3 on account of his having booked a lucrative engagement elsewhere. While (owing to serious indisposition) he had been unable to attend a rehearsal on May 31. On .Tune , 2, while still ill, ho had telephoned to Mr. Caldow's father from Wanganui, asking him to cancel the contract. He had, nevertheless, kept his engagement to sing at the performance, thought it had caused him great pain, and, after the performance, had been enthusiastically compli- ' mented. Ho had subsequently received , a cheque from the society- for <£15 15s. At tho time at which the engagement was mado ho had not considered that any part of the fee of 25 guineas was to bo paid for attending tho rehearsal. Also he knew of no custom by . which any part of the fee could be allocated to tho rehearsal. Such attendanco at rehearsal was merely an act of grace. John Prouse, professional musician, stated in evidence that he had never heard of a custom which obliged artists to attend rehearsals. He would consider that ho had earned his fee if he attended tho performance merely. The Wellington production of "Cavalleria Kustieana" had not suffered through Mr. Newbury's indisposition; it had been a success. Robert. Parker and Frederick V. Waters stated that they did not know of any such custom as that suggested by the defendant society. William E. Caldow said that he knew of many cases in which musical artists had been engaged for performances, and that though the attendance at final' rehearsals had not been specified, it had always been fulfilled. . The decision to make the deduction from Mr. Newbury's fee had been arrived at during an interval in tho performance. Stanley Gilbert Hamorton. Hamilton , Hodees. Robert Caldow, G. H. Clartson, and J. Mauglian Batnett gavo evidence to ' the effect that it was neoossary for artists , to attend final rehearsals, and that artists usually-folt themselves bound to do eg. Jlr. Barn°tt said, also, that tho pro- [ duction of "Cavalleria _ Rusticana". had I suffered because Mr. Newbury had not ; been at any rehearsal. Rough passages i which had "occurred in' the music would i probably not have occurred if the orcbes- - tra nnd others Tiad previously heard Mr. Newbury sing his part. He had, ,in fact, s been thankful that nothing of a disns- - trous nature bad occurred through Mr. 0 NowbuTy's omission' to be present at a ', rehearsal. ' s Decision in the case was reserved. a SURVEYOR'S CLAIM. ° R George Percival Middleton and Harold Smith, surveyors, sued James Knight, carpenter, of Rnngiriri, and J. W.- Eas- „ =on, of ICilbirnio. timber agent, to recover .£79 6=. for professional services alleged to have been rendered and work f ' Mr. J. Buddie appeared foT tlio plaintiff and Mr. T. C. A. Hislop for the deT Easson, who was sued on the ground that he was in partnership with ICnight, who was said to have given the instrucr( ' tions for the survey, denied that there if was such a partnership, and stated that j he had never represented that such a partnership existed. Evidence was heard by Dr. M'Arthur, ■| S.M., who reserved decision. ? UNDEFENDED CASES, t- In tho following cases Dr. M'Arthur, a S.M., entered judgment for the plaintiffs bv default:—Thomas George Macarthy v. to Alice Chapman Stevenson, .£36 18;. Gd., m costs .£3 95.; G. Lambefort and Co. v. a- W. A. Cathro, .£29 os. 5d.. costs .£2 145.; Rawiri P. Meeshack v. Noho Anirama, ,£5. costs .£1 ss. Gd.; J. A. Hazolwood, v. Walter H. Norris, .£3 lis. 3d., costs £1 ss. 6d.; Searl, Jov and Co., v. Napier •Vmateur Boxing Club (registered). JCI 17s. 3d., costs 55.; Dresden Piano Company v. ieonard Wilfrid Wm. Brown, ,£33 IGs. 2d., costs £2 145.: John E. Butler. Ltd., v. Francis P. Willie, .£ll 45., costs 155.; HenTT Bates v. ■M. Stewart. ,£5 3s. fid., costs'.£l 3s. Gd.; South Pacific Mortgage J' nnd Deposit Company, Ltd. v. William " Trimblett, £15 10s., costs .£1; and H. ' s Baker v. E. Ferguson, JE2 las,, costs ss. JUDGMENT SUMMONS. « Thomas Wallace was ordered to pay £3 a 3s. to C. and A. Ocllin Timber and Hardv" war© Company, Ltd., by August 20. of ' POLICE CASES. (Before Mr. W. G. Riddell, S.M.) it r- A NOT ITER GAMING CHARGE. CASE DISMISSED. fd "PUBLICATION NOT PROVED." le ™ Mr. Itiddell, S.M., delivered judgment 1S in the cass in which Una Carl Stollin; 56 known as James Ktellin, was charged with having published a certain document which' contained a notification as to bet--1 ting on horse races to be run at Tren10r tham on July 17, 1912. "Defendant," said bis Worship, is a ,! y bookmaker residing in Wellington, nnd the envolopo containing the circulars was ™ posted from Nelson to the police inspeetor. It is highly improbable, nor is it suggested, that defendant sent the cir"y culars and chart direct to the inspector, >w and thero is no evidence to show how C s- they reached Nelson, or who was responses' iblo for posting them from that place, rs. _ _ i _\s there is some room for doubt I am not prepared to say that vmblica!r" tio-n has been sufficiently proved." in_ The information was dismissal. h" OTHER CASES. ? C C . Margaret Webster was charged with 13 having been inebriated, and with having n f broken a prohibition order. She pleaded h that sh" had obtained the drink in the m " belief tlmt lier prohibition order had Iso lapsed. Slie was convicted on both counts lm and'discharged. ite John Joseph Rvah was charged with in. having disobeyed a maintenance order «l- which had been made by the Court at Napier. It was staled that the del'endin nnt had been arrested that morning on V the arrival of the steamer Moltoin. from n 't Napifr. Ryan was remanded to appear he at Napier to-morrow. i,a