AMERICAN DESERTER.

New Zealand Herald, Volume LXII, Issue 19143, 8 October 1925, Page 12

AMERICAN DESERTER.

CONTRACT WITH CABARET. COMRADES IN DIFFICULTY. STORY OF THE ESCAPE. LADY'S CLAIM FOR DAMAGES. [By TELEGRAPH.—OWN' CORRESPONDENT. ] WELLINGTON. Wednesday. The case in which the proprietress of the Ambassador Cabaret sued Sims Millar, a former member of the crew of the American battleship Oklahoma, for £SO damages for alleged breach of contract was continued to-day, before Mr. W. G. Riddell, S.M. When the case commenced on Monday Mr. Perry, who appeared for plaintiff, said defendant,had been an American sailor Ao ran away from his ship to live in Wellington. The others in the cabaret orchestra atso belonged to the United States Fleet. Defendant, who was represented by Mr. H. F. Johnson, gave evidence today. He said he signed the contract under the name of William Vance. He had been a bandsman on the Oklahoma. The last day he left, his ship was Sunday, August 23, the day before he turned 19 years oid. "When I left my ship I had only six more weeks to go jrior to leaving the navy," he said. "The reason I left was because one of the Oklahoma's crew told me he could find mo a berth ashore." Prior to Sunday, August 23, he had only visited the cabaret once. That was when he went along to play with other members of the ship's band. The Sunday before the fleet's departure he was out playing music for the people at Oriental Bay. They were there till late at night, and the pickets came along and took them to the wharf, placing them in a taxi. Two others were with him m the car, as well as the patrolmen, and when the naval police left them for a second he gave instructions to the driver to make tor the hills as fast as possible. The result was that they never saw thenships again. Hospitality in the Hills. Four others from the flagship Seattle joined the party out. on the Hutt Roftd. continued witness, and then they commenced to wander along, discussing the future. They had no shelter and no money. I'p in the bills they saw a light burning, and they decided to go and tell their storv. The people were very kind to them and made the party come msiae and stay. Still, they all knew that at any moment the patrolmen might come along and arrest them. The proprietress of the cabaret had arranged to come out | in a car and meet the deserters. "Wo had only one civilian suit, of I clothes among the lot of us,' said Millar, ! "and so could not all go down to the 1 road. We talked the matter over and ! finally I was selected. I went and saw ! her for the first time. She gave me £3. j and with that I paid the good people | who had taken us in. Prior to that we j had been wandering about for several I days. "Meanwhile clothing was brought m for us and we ail had a new rig out. Then we made for the ca&aret and stayed until two days after our ship sailed. After that we joined the orchestra and commenced playing. The first time the j contract was mentioned was when it was j signed. The proprietress of the cabaret j (old us about it, and wo, knowing the | situation, decided to agree. It was the i onlv thing under the circumstances to ! do." Assumed Names Used. The contract, which was put in as evidence, showed that the seven deserters all signed it in assumed names. It provided that £SO a week would be paid to the seven men, the money to be divided between them as agreed npon by the men themselves. The instruments, which belonged to the men, could not be taken from the cabaret without the propritress' consent. To do otherwise than she wished would mean the forfeiture of £SO by each of the party. It was because Millar had left the orchestra that plaintiff sought £SO. Asked whether he was in the employ of J. C. Williamson in the "Kid Boots ' company, defendant said he was not. It was true, however, that he was appearing in the show, and had come up from Christchurch to give evidence. ''The boys in the orchestra, which plays jazz during the performance, pay me for the work," he said. "I am in their employ and not in the firm's." Mr. Perry: What do you do ?—-I am a cornet player. When did you finally decide to run away for good from the navy ?—The. night of the Pennsylvania ball. * We all played at that function, and discussed getting our instruments away the next day and not coming back again. Who offered you a position ?—I was told I could get one at the cabaret. Drunkenness, at Cabaret. Did you expect to get another job here?—No, not in the music line. Wellington is far too full of musicians, and work in that direction is very very hard to get. Who offered you the job with the "Kid Boots" Company ?—I was not offered the job at all. I went after it. I followed the. show to Christchurch, and there they took me on. Mr. Johnson asked Millar the real reason for signing the contract. Defendant answered that the party were in a very bad plight indeed. They were very frightened that the United States Navymight act and have them taken away. Besides, they were strangers and homeless. Mr. Perry: Why did you leave the cabaret ?—Because there was far too much drunkenness going on around me. Every night the orchestra would get, drunk, and start scrapping and arguing. You have no right to say so. Mr. Johnson: It's your own fault. You asked him. Mr. Perry: Do you know such a statement is reflecting on your comrades ? Yes, I know it, but the thing is true. They were getting drunk and fighting among themselves every night. That is the real reason I left. Of course you are such a virtuous boy, •aren't you ?—No, I'm not. lam no better nor worse than anyone else. Court Reserves Decision. Did not you all swear, the whole seven of you, to stick together through thick and thin and not leave each other in a strange land ?—Yes. I also swore to stick to the navy through thick and thin. too. My contract would expired in about six weeks with the fleet, and I would have been free again to go back home. You are always breaking contracts. It seems you ran away from the fleet, didn't you ?—Yes, I am a deserter, but there was more than the re;)! novelty of running away that made me decide to stay her. Conditions are better. I was offered a good position. You got one ?—Yes, but I did not want to stay. The proprietress, however, was exceedingly good to us all. Mr. Johnson urged that section 349 of the Shipping Act forbade people enticing deserters to go from their boats. "It is against the law," he said. " The proprietress of the cabaret knew the position. These men were strangers, destitute, without food or clothing. At any moment they feared arrest. She had arranged to take them in when they deserted. Then she got them to sign a contract, all on her own side. There is not the slightest doubt about that, Your Worship. Read the contract and you will immediately see how everything is in her favour. Besides, Millar is not 2.1, and he is therefore not supposed to sign any contract. It is undoubtedly the nnfairest agreement pne could possibly see. Tho boys, they are only young, were in her power all through. Therefore, I say that she is not entitled , to the money." Mr. RiddalJ: He seems to know what jhe signed. Defendant is not uneducated. However, I will give no decision now.