Convictions admitted

Press, 22 February 1980, Page 4

Convictions admitted

PA Wellington James Samuel Montecino, suing “Truth” for libel in the Supreme Court at Wellington, agreed in cross-examination that . he had had several criminal convictions over 30 years. Mr Montecino,. aged 76, an entertainer, claims $125,000 damages' arising from an article last year headed “Snoring his way to that record.” The article said that when Mr Montecino first broke the world pianoplaying marathon with 100 hours and 10 minutes of non-stop playing he slept during 20 of those hours. Cross-examined by Mr T. G. Goddard (for “Truth”), Mr Montecino said that the film featuring him — . “Jimmy Playing With Time” — had been offered to television before it went to the Censor’s office. •Television, had not rejected the film, but. had returned it to him after copying it. But since the publication of, the. “Triith” article it -had been very “shy”

about the matter. Mr Montecino said that he had spent four out of; the five years preceding his departure from New Zealand in 1957 in jail. In 1952 he had been convicted on three charges of discharging a firearm, assault, and sending a letter containing threats. He -. was convicted of sending another letter threatening to kill, written by him injail: The charges related to his • conduct towards a young woman he had lived with at the time. He had had several convictions over 30 years, many of them minor. These included, one for ; theft in 1925. He confirmed that there ■ was no entry in the “Guinness ■ Book of Records” about his pianoplaying marathon record. : Mr Goddard: Doesn’t the “Truth” article, simply say ; that? '■ ’• Witness:-Yes. ■ , ■ Tex Morton, an entertainer, promoter, and hypnotist, of Sydney, said he ' • first met Mr Montecino at

the Napier mardi gras about 1934. He had promoted him since in many places in Canada. The plaintiff was a first-rate entertainer. Witness placed him in the same category as Jimmy Durante and others who had appeared in his presentations. He was a talented entertainer who appealed to all classes and all walks of life: Mr Montecino said he left for Canada in February, 1957, and returned to New Zealand in April last year. He had previously recovered damages for libel from “Truth” in 1924 in respect of an article headed “Pianist- Plunders Public.”/ ? / Mr Goddard referred to a paragraph - in the statement of claim . to the effect that he had recovered damages/in respect of two articles in 1924. Mr Montecino said he was under the,. impression there was only one article. After the “Truth” article his solicitor had advised him to have another at-

tempt at his piano-playing record, but he did not quite achieve it. Mr Goddard: I put it to you the real purpose of these proceedings: is to make capital out .of this newspaper’s unfortunate mistake? Plaintiff: I made it clear it was to clear my name. You are more interested in money than in your reputation? — Not at all. My reputation is something I am very proud of. ' Is it true you regarded this article as something of a windfall? — It could have been a secondary thing. You boasted about how much you were going to get out of “Truth”? — No. The Chief Justice (Sir Ronald Davison): Do you deny making such a statement? Plaintiff: Yes. Mr 1 Goddard: Did you stay at the Royal Oak Hotel in May last? . Plaintiff: Yes. Did you make boasts there about how much you were going to get? — I never boast.