Mr. A. W. Hickey, recalled, recounted an interview' between' AMr.
Davey and plaintiff, at which fr. A.C. Davis and ' witness were Present. Mr. Davis said plaintiff? owed him money and asked if Mr. Davey would pay it. Me, said he would swear out a warrant, Mr. Davey complained about the repeated visits of shroffs and Mr. Davis mentioned plaintiff's connexion with "Finance and Gommerce." Mr. Davey said he did not know of this, he objected to it and handed plaintiff a written notice of dismissal. the notice of dismissal evidently had been write before.
Mr, A. C. Davis, a reporter on the "Mercury" staff, produced agreement dated January 17, 19: between plaintiff, himself and Fa Eastern Publications, Ld. Haynes was to be editor of "Finance and Commerce" and witness the m: ager. The paper was to be lease for ten years. There was a difficulty regarding finances and also Mr. Pratt, the owner of the paper, cat plained of plaintiff's work. Mr. Davey knew of witness's part in the affair, as he had resigned in order to gain for it. Haynes-told witness that he Rad spoken to Br. Davey: about it and that Mr. Davey had given consent. Later witness found this to be untrue, Haynes saying it was only "eyewash."
Witness said he found Haynes had been trying to cheat him, That led to a conversation with Mr. Davey and there followed the interview recounted by Mr, Hickey, which wi ness corroborated, The Rowdy Shrofts have never seen anything like it" said witness, when asked about the shroffs. The first time he saw them there were 12, all somewhat, rowdy. Witness said to Haynes: "Is this a Chinese deputation come to present you with an order of merit?" Haynes No, it, i not that. It is a damn nuisance, Cross-examined—"I have known Haynes for six years to my sorrow, financially," denied that 1 position on the told witness there was a tacaney.
Witness considered Mr. Davey was in sole control of the firm, He would not express an opinion as to who was editor, because he was only. a part time outside reporter and he did not know enough of what went on inside.
This concluded that evidence.
The Summing Up Mr. Gregson, summing, up, said] that he had tio lines of defence, Though they claimed the right of summary dismissal, the defendants had given the plaintiff 50. days notice. Tt might be held, if he was! not the editor, that he was entitled to three months' notice, but it must be remembered that 'a dismissed employee had only a financial claim and if, after his dismissal, he got goo or a better job, his ela fell'to the ground. On the plaintifl's own admission he was employed by Revter's at a salary of $800 per month, this employment to continue until July 6 and possibly afterward. He also was paid Tis, 260 per month for two months by "Finance and Commerce" and he seemed optimistic of receiving 20 guineas. for contribu tions to other papers. That represented roughly $1,675, which was almost the full amount claimed, apart from anything that might be earned during the rest of the period notice to which he said he was entitled, On the basis of three months notice, he had not suffered! any loss.
Tis second line was that the defendants were quite entitled to die. miss the plaintitt without any noti view of his history and his con ict whilst in their employ. wag not a pleasant thing to have to bring up a man's past, but he thought it was necessary' in. this ease and also a duty to the public to show what the plaintiff had been and might still be when they thought of his present manner of living. He had read certain extracts from ruth" and he might have read more, for there was much more in that ' publication concerning Mr. Haynes. "Truth" described Enever as "a moilern Dick Turpin" and if that was so he (counsel) thought Haynes might be described modern Alfred Jingle" because, if] he had lived 100 years ago, most of} his correspondence would have, been addressed from the Fleet Prison. There had been touching references to Mr, Haynes playing the organ in church, to his interest in theologieat subjects and to his conversations ith his cousin, the Bishop of! Zanzibar. If he (counsel), remem-bored rightly, the late Charles Pea} in his spare time' used to engage in making models of cathedrals, Mr. Gregson drew attention to the fact that, when the plaintiff him se! resigned, he only gave a month's notice.
Text read from the printed page and cleaned; old type leaves the occasional error.