"BENEFIT EVENING."

New Zealand Herald, Volume LXVI, Issue 20365, 20 September 1929, Page 15

"BENEFIT EVENING."

CLAIM AGAINST PROMOTERS

THE QUESTION OF PROFITS

FUNCTION IN WELLINGTON

[BV TELEGRAPH.— PRESS ASSOCIATION'.] WELLINGTON. Thursday.

The promoters of a "jazz evening" held in the Town Hall on July 8, in aid of the earthquake relief fund, were defendants in a claim brought in the Magistrate's Court to-day by the Mayor of Wellington, Mr. G. A. Trotip, as trustee of the fund. The defendants were Charles Forrest and Morris Doinb. The claim set out that defendants were granted permission to use the Town Hall for a dance, on condition that all the proceeds were paid into tho fund; that defendants later paid to tho plaintiff £4O 5s 6d, which they alleged represented all the proceeds of tho function with the exception of a certain contingent liability; and that tho profits of tho function amounted to £l3B 10s lid, being £9B 7s 5d more than the amount paid by tho defendants. The claim was for the balance.

Counsel for plaintiff enumerated tho charges, including payment for 17 musicians.

Mr. E. Page, S.M.: Tlicy may have mismanaged tho show, and may have been extravagant, but that does not entitle you to more than the net proceeds.

He asked if tho defendants had dishonestly returned a lesser amount than they received. Counsel: I do not want to make accusations of dishonesty. The Mayor of Wellington said the arrangement was that tho hall should be made available, provided all the proceeds, except advertising charges, went to the earthquake fund. After the dance a cheque for £4O 3s 6d was handed to him. There was no statement with it, and he refused to accept it without a statement. A day or two later he recoived a statement, which ho handed to tho city solicitor. Witness told Forrest he was dissatisfied with the " organising charge" of £lO 10s, and if he had known such a charge would bo made the hall would not have been available. Later he received a cheque from Forrest's solicitors for £lO 16s sd.

Cross-examined, Mr. Troup said he know nothing previously of Forrest's honesty or capability, but he had never been "taken down" before in a case of national disaster, and he did not think anyono would take advantage of it. The custodian of tho hall told him the day after the dance that there should bo a big addition to the fund, for the crowd was one of tho biggest ho had seen there. The contention of defendants, who were represented by Mr. Mazengarb, was that they were unbusinesslike in their management, but there was no intention of dishonesty. Tho most that could be said against defendants was that they were lax, but there could bo no suggestion of imputing dishonest motives. Defendants had not understood that the musicians wcro not to bo paid. After hearing tho evidence of Forrest, the 'magistrate reserved his decision.