Mr. Newman was willing to admit that his client had kept open "after 2 am., but was not ready to—bat if even ig he had, that would state that he had caused a nuisance not alter the conditions of the suit. They had not bad the opportunity "Intolerable Persecution"
The wires were up 72 days, power was shut off for 105 days—as a result his client was ruined, because of certain commitments, During this period the S.M.C, had perfectly and competent remedy, they could have applied to the French Court and obtained a "nuisance" injunction within two hours. Counsel would say that they had had a "stringent" remedy; Pointing out that his client took the numbers of 260 motor ears on tone night which contained prospective patrons, After Mr. Newman's short refer-one to the recent suit of the "China Courier" against the S.M.C, in which the Court of Consuls awarded nominal damages, Me. d'Auxion de Ruffé read from Article 479 of the French Penal Code, which, for a second conviction under a nuisance charge, prescribed five days' imprisonment as a penalty, with a similar sentence for each succeeding offence.
Mr. Newman called plaintiff into the box, who, after outlining his business and licence conditions, said that Inspr. Foley had told him that neighbours had complained about the noise. Several days after this cident he reduced his band from eight musicians to five. On August 15, he received Captain Barrett's letter, which threatened picketting and cutting off of the lights, if he did not change the manner of conducting his business, He then consulted his lawyers. On August 26, his counsel wrote a letter of protest.
Tu reply to Mr. Newman, plaintiff said that he was rui His profits during the summer of 1926 amounted fo $14,000. He had hoped during 1927 to make even more than that. His receipts between August I and August 24 were $6,756. His commitments, which he could not meet, amounted to about $13,000. His creditors removed remaining stocks, ete. He reopened business on December 3, the day following restoration of fights. In January he informed the Revenue Department that he would Rot renew his licence, as he had
Text read from the printed page and cleaned; old type leaves the occasional error.