MONTECINO AGAIN

NZ Truth, Issue 998, 10 January 1925, Page 6

MONTECINO AGAIN

Piano Banger Fined

Side-Showing on Sunday—Summons Torn Up.

Sunny Napier by the sea when the annual Mardi Gras is m progress and visitors and residents make merry is an attractive spot for- the itinerant showman. Among those to' whom the prospect of a brisk catch trade appealed and who landed m 'Ehe town at the height of the New Year friyols was the professional endurance-test pianist, James Samuel Montecino. On the second day of the Mardi Gras period his marquee was established on the foreshore facing the parade and a placard informed the world that at 2 p.m. . the celebrated performer would set out to break his own world's record of 100 hours , 10 minutes. By the following Monday, January 5, when Moritecino ceased', playing, it was claimed. that he had.p layed for 116% hours without .cessation. The termination was abrought about then by the pianist's collapse. The . strain on this occasion must have been exceptionally great; for his manager .indulged m a, collapse as well.

To break; the world's record it was necessary for Montecino to play over Sunday, and this led to his undoing. He couia not see any points m playing over Sunday to 1 a deadhead audience, but as he was going so strong it. would have been a great shame to see ihe chance of ..being, titled as the world's champion piano banger going west, so Montecino decided that, despite the laws of the land, for this Sunday, at any rate, it would be business •as usual and hang the consequences. So the showman's tent wasj open for business all day, and., at the usual charge the public were given the unique opportunity of seeing the redor d -breaker wend his weary way. As a •result of this, on Tuesday morning last 'James Montecino and his associates, with the picturesque names of Carl Maf eking Hertz, Kingi Moses, Andrew Moyes, and George GraUon, were brought before Magistrate R. W. Dyer and were charged with having kept a tent open oh Sunday for the purpose of transacting business. MONTECINO'S REQUEST. 'The proceedings were full of humor and interest, this starting when Montecino asked, for a fortnight's adjourrihierit' to allow him to consult his solicitor ' m Wellington. . 1 Detective Butler; who conducted the prosecution, bumped this at once by stating that Montecino was a bird of passage and was about to leave for Australia. . >■'<'■-■.- > Moritecino denied this, arid commenced to niake some 'sort of speech, but his Worship cut it short. Montecino then informed the -Court that he had consulted Lawyer Dolari; but that gentleman was ridt- inclined ■to let business interfere with -his holidays. His Worship: I don't think Mr, Dblan wanted to act. | ; At his Worship's ■■ request the clerk then telephoned Mr. Dblari's office, but Mr. Dolan was out of town, so : the case was proceeded withy Montecino protesting: that he wanted a fair go. His Worship: If you don't keep quiet I'll send you to gaol for contempt of court. This 'threat evidently had an effect, and when the charges were "read Montecino. pleaded! guilty, but the other defendants said "not guilty."

In opening, Detective Bd tier skated that the "endurance" test had taken place on the beach m a tent and en Sunday charges were made for admission. • On Saturday night the defendants made known to Constable Tuck their intention to carry pri oh .Sunday and they were warned that they would be breaking the law. This, however, did not worry them, for they replied to the effect that a "quid" fine would not hurt them, and even when they were told that a "fiver" was now possible they still decided to 1 . "give it a go," for even if it meant a' "fiver" there would still be plenty to go under the clock. The detective i stated that the police looked upon Montecind' and Hertz as the principal offenders, and on the morning of the day on which the case was heard Montecino came round to the Police, Station at an early hour and stated he was going to make the police sit up. : , TORE UP THE SUMMONS. Evidence was given by Constable Martin to the effect " that he had paid for admission on the Sunday, and the next day, with Constable Hislop, had served the, summons. Two of the defendants -refused to accept the summons, and Montecino tore his summons ' Up and threw the pieces A over the piano. . Here Montecino asked permission to withdraw his plea of guilty so that he could ask questions. This was allowed, but he only asked one . question, and that was one of no importance m regard to the serving of the summons. After corroborative ; evldence - was given -,by- Constable 1 Tuck, fhe prosecution ended, and Montecino went into the witness box to tell his story. It was; however, something of a story without words, for he was so long m starting that his: Worship suggested he should get on with. it. i Montecino, however, replied that' he had a lot to say but had forgotteriit all, so.at the invitation of >*s ■ Worship, he left the box with all his story untold. Moyes, however, was :>• not suffering from lack of memory, and; hie told the Court that the Sunday charge had been made m order to keep the crowd under controi:;"At,a/ free Sunday session m ChristchUrch the rowdy element ' had got m, and they yere not looking for a repetition. Similar ■ evidence was given by Hertz and Grattpn. ; FINED A . ''FIVER.'* His Worship said there was no doubt that the law had been brokenV despite warnings from the. police, but the most he- could fine was £5. Montecino and •MjOXes, would,' each be fined £5, with costs 7s, m default a month's imprisonment. "^ ''" '..:7 ■._■■ ■:!. •■'■■'-' ;-..■ ■ This. .was greeted -with,/ "thanks" fromjbpth defendants. . : Gratton and Hertz were each fined £ 2 and costs, or 14 . days' imprisonment. The charge against Moses was withdrawn.

All the defendants were ordered to I be kept m custody until the fines were paid. Montecino's fine was paid within an hour afterwards and he was immediately released. -The others had their fines paid shortly afterwards. ' . A SEQUEL. ' Evidently the "endurance" crowd were not a happy family, for, following the above case Hertz , was charged with using: obscene language and assaulting George Gratton. The story told by Gratton was that while he was I on the Parade he explained to the constable what part he. had taken m the "endurance" test. After the constable went, Hertz came over and accused witness 'of having given statements to the police. An argument followed and Hertz caught him by the throat and struck him on the head. Clyde Taylor and Kingi Moses both gave evidence that they had heard the ,bad lauguage and saw Hertz strike Gratton.

Detective Butler mentioned that Hertz had been previously convicted for using bad lauguage.

The accused pleaded that he had a wife and three tihildren, and that he was not m his right mind when the incident happened.

His Worship said he was sorry for the wife and children, but he would have to convict. '

The fines and costs on both charges amounted to £7 14s, the default being fixed at a month.