AN UNMUSICAL COMEDY.

New Zealand Herald, Volume LIX, Issue 18089, 13 May 1922, Page 2 (Supplement)

AN UNMUSICAL COMEDY.

PROFESSORS' RIVAL NOISES.

DIVERTING STORY IN COURT.'

An amusing story of a dispute between two musical professors, who occupied tho same house, and a neighbour was told in the Chancery Division of the English Courts a few weeks ago. Herbert Fryer and Norman Nbtfey, the tenant and subtenant respectively of 2, Cavendish Road, St. John's Wood, sought, an injunction to restrain Brunei Rumball. tho tenant of No. 1, from causing sounds or noises in his house so as to vex, annoy, or be a nuisance, to the plaintiffs. Defendant complained of the plaintiffs' constant playing and singing, and counter-claimed for an injunction. Mr. Galbraith, K.C., for the plaintiffs, said Mr. Fryer and Mr. Notley were well known in the musical world. The former for the last five years had been professor of pianoforte at" the Royal College, of Music, and the latter was for some, years professor of singing at the same college. From May, 1920, to May, 1921, said counsel, Mr. Fryer was on an Australian tour, and Mr. Notley had reason to complain of noises of various kinds made by Mr. Rumball on his premises. It was obvious that they were made maliciously. Tho noises were of four kinds : —(1) Knocking on the party wall and on the floor; (2) playing on an instrument which, apparently, had one string; (3) shouting of an extraordinary character in the garden ; and (4) rattling of coppers or pieces of metal on a tray.

Jazz Band Threat. These things were not disputed by Mr. Rumball, but he said they were done to obtain relief from the sounds caused _by the professor, or. to use tho euphemism of his counsel in tho statement of defence, for the purpose of abating the nuisance. Mr. Notley saw Mr. Rumball. who then adopted a" more reasonable attitude. Afterwards, however, the noises recommenced, whereupon Mr. Notley wrote to Mr. Rumball and reminded him of bis promise not to use " these most ungentlemanly methods" again. Mr. Rumball replied that if ho had given any promise he desired to withdraw it. His letter continued :—" I note you say yon have to earn your living. Truly wonderful, but I have heard of people doing or trying to do the same thing before, and* when I lived in tho Avenue Road I had as a neighbour a prima, donna from the Italian opera, who, I imppose, was earning her living, ar.d who did so without creating herself a nuisance. You do not appear to have any consideration about anybody else obliged to earn their living. *lam to stop. Thanks. I will train a jazz band, and I am sure, aa a lover of music, yon cannot possibly haveany objection to this." Counsel added that the nuisance continued, and when Mr. Fryer returned and ho renewed his lessons the noise was of a most disturbing, character. Among the witnesses who were called to corroborate counsel's statement was Miss Coleridge-Taylor, daughter of tho late Mr. S. Coleridge-Taylor, and a pupil of Mr. Notley. She said she heard loud voices imitating her singing or that of Mr. Notley. The hearing was adjournecT.