AGE ON THE STAGE

Sun (Auckland), Volume 1, Issue 88, 5 July 1927, Page 15

AGE ON THE STAGE

“BABY” WHO HADN’T SHAVED Mr. Bertram D’Arcy, proprietor of “D’Arcy’s Babies’ Band,” of St. Martin’s Court, W.C., claimed damages for breach of contract from Tommy Mostol, Ltd., of Charing Cross Read, W.C.. because the band was not allowed to continue to perform in Mostol Ltd.’s touring revue “Fast Steppers.” Mr. D’Arcv said the band consisted of 10 youths and girls, aged from 14 to 20. “A very strong jazz element,” Mr. Justice Shearman observed, on being told that the band comprised two saxophones, a sousaphone, a banjo, a violin, a piano, two trumpets, and a drum.

Mr. D’Arcy said that for the money, £45 a week, he thought the band was excellent.

Mr. Justice Shearman: Did they play other music besides syncopated?—Jazz. “Some critics,” remarked Mr. Justice Shearman, “may think it doesn’t make much difference whether they are in tune or not. I don’t know.” (Laughter.)

Mr. Stanley May, for the defence, said he gave Mr. D’xYrcy notice, as the band never came up to expectations.

Mr. Justice Shearman: You could not expect perfection from performers of that age. “I don’t know about age,” replied Mr. May. “I had to complain about one of the ‘boys’ coming on unshaven.”

Mr. Justice Shearman: We are accustomed to deception about age on the stage. » I remember many years ago seeing two middle-aged women dressed as small children, with bobbed hair and short dresses, which indicated juvenility in those days. (Laughter.) They tripped about the stage hand-in-hand, and used successfully to convey the impression that they were really young. (Laughter.)

Giving judgment, Mr. Justice Shearman said that in his view this was a reasonably competent band for the purpose for which it was engaged. Mostol, Ltd., must therefore pay damages, the amount of which he would decide the following day if the parties could not agree upon them.