SONGS AT THE SEASIDE.

Waipawa Mail, Volume XXVIII, Issue 5245, 11 April 1908, Page 6 (Supplement)

SONGS AT THE SEASIDE.

MUSIC-HALL 81 NQER'H ACTION FOR ALLEGED LIBEL 'An allegation that a music-hull artiste tiaj sung iiidaceiil songs ut Fast Const wateriiig-|>lau?N miim the cause of an cictldn by Mr William Patrick Dempsey, liiiovti* in the music-halls uh "PttUdy'* Dcnipiey, ngulnst Mr Huttti-e R. Hiience, managing director of the East (Nmst Development Hyndlcate. The action was lirard in the King's RenrlrDlvlalon on 3rd December (reports the " Dally Mail.")

Tin- plain lift HiinJ for damages for libel cnntulnej In u ‘letter written t»y the defendant to Ashton and Mitchell J.td, theatre tiKvntM, Old Hoad street, HtutiiiK that he tiiot sung coarse hook* «»n the piers ut (Mactoii-on-Meii, Walton-%in-the-Niue, and l«ow®stoft.

Mr li t. Tiimll appeared for the Vdalntirr. mill Mr tOhlnn Bunkes, K.C., and Mr D ,\| Kerliy for the detendunt. Mi Tun ell said (hat Ilia client wus n music hall urllHt mid actor of thirty-Hlx Veui s’ i xpei li ne**, and he had met with considerable aucceta; Put. owlnf i«» |4* vancing yearn, he had found (plugs not mo km toil an earlier In life. Ho In the Mummor of laMt year, through AMhton unit Mllehell, he olitaini-d an engage ntent to Mtng on the piers at (*lactnn-nn-.Sea, liowentoft, and Walton-on-the-Nue, which were oantrolled by a ayn» dlcate known uh the East ( oast Developinent Hyiullcate. ilia Hulury wan .. »e< k performance forbidden. On Ixtli June the tiluintilY went to f’lactou to l iIIIII lilw engagement, and for u fortnight he sang eomlc snugs with mucicm*. on y:trd July he went to U«owentoft. on dot li July he neturned to d'lux-tun, and |M*rfnrmed there Air hlx • light *. On l.uii August he proceeded to UVallon-on -Ilie-Nuxe, and Hie piermim--o*l* their. Mr Whlteinun, (old him that fie would not he allowed to perform (lure, mid a letter to thin effect wuh written to Ashton Hint Mitchell. The defendant had gone no far, t-oun-t«el Halil, as (o take lip the position that In 1 wan lustilied in refusing to pity for the services rendered hoeutine the plaintiff lutd Hiiiig Indecent songs. His cuiilitid for Hiiiglug indecent songs (would be against public morality and policy. Air Turrell: Of coiichc. Hut my cusc Is that there Is nothing that can lie called i>v on, mil minded inan Indecent in the •tonga. I uni aware that it is also said that the songs were accoiupiiuied by a i '-rtalu amount nf action lh.it made them objectionable This, my client will euy, Ih not the eu.se. Proceeding. Mr Turrell suUt that hies.as Ashton wrote to the defendant a letter, in which they Huid: "It is impossible io work with aboard of directors who leave everything in Hie? tunids of iln- pienuastcr, who, having l ■spent all Ills life nl sea. Is apparently I'onnideied by the board In lei a eonnolHh«*iii In the matter of Hie songs to be Hung " In minther letter written to (lie defendant. Mi sis Ashton tmid the plaintiff waa an artiHte of guild standing and a favorite at the Palace. London. IM PIP IV ED HONGS DESIRED In reply, (lie defeiidatil wrote to Ashton unit Mitchell Hu- teller which con - Hillllted tile libel: '’III reply In your letter nf the liltli, the lirllst in quest oil (iile.ining tin* plain titT) »;(• objected to nl t'laeluii for singing coarse song? Vou were Informed of tbis. Oil Ins sung at Lowestoft we received an adverse report from the piermaster for the same reason. Hence I liihli uded that lie was iml In lie allowed to slug al Wallon-m»-ttie-Nu'/.i-. I Ik»|m* >oii have sent down mini her urttaio in liih place, us requeHted. Ah you know, We liav«- made a point of restating Uhta i laas nf performance from Hie lirsl The songs Hie plulntilY sang (counsel Mlutcd) iiieludeil. "Vou miiHto l do (bat, .vou know." nr the polleemuu’rt hour, wlileh was objeeled lo by (lie Lowestoft pici-master, Mr Itohson; "Popping in mid out." ' lks»t old World, mid "Tin•JVo Hvv cel hearts." The plaintiff, o clean-shaven, freshl.neil man. gav. evidence, lie said lltul Ilia pertormmii es were well received. All liih song « were sung In evening dress except lie pub? email's songs, which was t-ning in imiform The defenduiil never irtiide any euinplaiiil lo him. ilia sung, ••Dun i Furgt i To night. 1 wu ■ obJ«M ted In. There was no patter, and tie used •a* oilier words than those printed in the i.oiig Tin-re was nothing indecent in lus actions in llit* songs. iVoss e*umined by Mr liuukcs, witness caul he realised that Ihe eoneerUl be Hung al were attended uol only by men, |.ut by then wives and fuuiilh s, Tim pulieeiiian's song ih ih-Hi rlpllvo nf II Scothiiion dancing in n kit? Yes. One of (lie lines ends. "When lII'- wind begins lo blow " Now rend (In* following Ini* Do yon mean to snv Unit they (liny are ||ot. Aiiolher nf your songs was "Popping lo noil i ml." which was descriptive of a pair of loves? Yes. Look ill Hie last verse Yes; Hun* t„ nothing suggestive nr indeeenl, only io evil minds. ( Laughter.> i ■ lid« I • von I toil " said Ins lordship. Yen .1,1 ple.l, . eveiyl.o.lv leloltiil the p| Hill ill. ’ Did vmi sing at nm-l.ui n song. ’ \n.aic i n.tiiv bnaiglii Inio tin- tovvn' V" Hske.i Mr liankeM "Nh, I know ludlilng it bout d i Laugh lor) Were not adverse report; *>ll your .on • fill 111 by Ihi pi 1 t« 1 nl «?lui 1 Walton PI n i tvv n me n pu I llieir beads together. "A I pari observed 111 Imii DlitpTilt; DItAWINH ROOM TEST. Tin- pi.limin’ Halil In bad toting tlie ..... * Hong at Now... trkot .. fore Koine very illgll people ' "Do v-iii 01 do you md think llu- songs named are lit songs |.» sing Ih-I'oi-o hi. lord hip Y« Ido I ace until ng Improper In them " Yoll e. untiling indci fIII or silgg'sttve In Hie language" None nl ail. You si e nothing liideeml in |lie song, "Don't forget, to night ' No. Mi Ih nl mm igi 1 1 \ hlon mill Ml. hell for the S. asuu I’.MMI, said lie saw nothing Indecent . the plain - I iff’a | . i-10l ii.ance.-i uu.i li.nl no . 0111jilulnts Mr I’lluniHki, 11 musical ennducl r al . 1 • u hi, took lln li, . 1. ... Imp What do - .1 think . f H’h U ..li 10.1 • . hall songs are (Lauglit.-r.) An they proper song l I ■ sin r in a • Ira itiugi.«»inV Drawnigrnoiii! Oh, ttuil Is a differciil place. U hat 1 - tiu cliff* rein 1 ? (laughter) 'Wed. 1 have heard null «nnga In drawingrooms. Is. you think tin i>oliei-;ii(iii’H sonp would In- a proper song for anybody's draw mg room'.' Betircely. Mr D tJ. Day, of Messrs Frmiels, Das and Hunter, sung pulillslii-is, slated Ilia tii-s firm published the snugs in question Mr Tiiitcll Do you see anything oh jcctiniinhle in these songs? "How can you expect him Id tidy yes,' ttaid ills lordship.

Mr Day said his firm published comic and humorous songs for drawingrooms. “Wlmt is the differenceY" Inquired his lordship.—The latter are of a more elevated character. (Laughter.) They are more refined.

This wus the plaintiffs case. Mr Hun keg submitted there was no case to go to the jury. The occasion a privileged one. Mr Turroll : I cannot deny It. Mr Hu likes : Then 1 submit there was no tnullce.

Ills lordship said it 'waN perfectly plain the letter was written and published on a privileged occasion, and th)s was not disputed. The whole question waa whether it was written with express malice, otherwise there would be no ilbel. Ho could not leave to the jury whether It was written with malice unless there was evidence that It. wus so written. There *was no evidence of malice, and in consequence there was no case to go to the Jury. Judgment was then entered for the defendant.