An Action Against the "Mercury"
At H. M. Supreme Court en Wednesday, before Sir Skinner Turner, Chief Judge, and a jury, James W. Fraser brought an action for 38,000 damages for alleged wrongful dismissal against the Shanghai Mercury, Ld. Defendants' answer set forth a series of allegations of negligence of his duties against plaintiff, who was formerly their chief reporter.
Mr. M. Reader Harris is appearing for plaintiff and Mr. R. N. Macleod for defendants. The jury is composed of Messrs. J. A. Moller, G. W. M. Snow, G._ Grayrigge, R. B. Moorhead and H. L. Povey. Mr. D. A. Proudfoot, who failed to abear, was fined five guineas by his Lordship.
Mr. M. Reader Harris, opening ths case, said the plaintiff was 31 years of age and had been a journalist for 15 years, having started in Scotland with the "Dundee Advertiser" with which he served for five years, in different capacities as reporter, sporting correspondent, sub-editor, ete. In 1911 he was engaged by the "Shanghai Mercury" and came to Shanghai. He remained with this newspaper until going Home to the war in 1917. When he left he received a testimonial from Mr. J. D. Clark, regretting the loss of their employee's services. Aiter the war he went to Hongkong, but by arrangement with Mr. Neish he came back to Shanghai in 1920. The first night the plaintiff got here he met Mr. Sahara. Eventually he entered into an agreement with the "Shanghai Mercury" a year or so after he returned to Shanghai. Subsequent to June, 1921, there were disputes among the directors, Mr. W, Davey, who had been secretary and manager, became managing director. Mr. J. D. Clark retired, and became chairman of the directors. Mr. Neish, the former editor, resigned and Mr. R. T. Peyton Griffin was appointed editor in February, 1922. In April Mr. Peyton Griffin appeared to have had various disputes with the management. He felt that the manage. ment were not backing him up. He resigned on April 9%. Up till that time the plaintiff had been found entirely satisfactory. Subsequently defendants alleged that a change of heart had come over the plaintiff, that he ceased to de any work save representing the paper in the Supreme and Police Courts. Defendants also charged him with attempting to subvert the authorlity of the managing director. Mr. {Griffin wished'to see Mr. Sahara, who was really the controlling director. Mr. Griffin came to Mr. Fraser, who visited Mr. Sahara. He had asked Mr. Fraser why so much trouble occurred in the office when it was left in charge of Britons. Mr. Sahara wes simply shown a list of 12 men who had either been dismissed or resigned Ithrough Mr. Davey.
Text read from the printed page and cleaned; old type leaves the occasional error.