By John McKechnie AO, KC
Jimmy Smith may seem an unprepossessing name. Joynton Smith sounds far grander as Mr Smith was known after he added the extra name. Born in 1858 in England, eldest of 12 children, he was shipped as a cabin boy to Australia, here to make his fortune and reputation, passing away in 1943 as Sir James Joynton Smith, a pillar of society and a force in promoting rugby. Joynton Park bears his name.
After working at various occupations, he leased the Imperial Arcade hotel in 1896. Renamed the Arcadia hotel, it became the foundation of his second fortune (he had gambled away the first). The residential hotel became very popular. Situated by the Imperial arcade running between Pitt and Castlereagh Streets Sydney, it was also a popular bar, though Smith himself was a teetotaller.
One hot afternoon, Mr Mountnay stopped at the Arcadia hotel bar for a few drinks. After a while, nature being what it is, he asked the barmaid “Show me where the lavatory is” to which she replied, “Go through them two doors, cross the arcade and there you will find it.” It appears that the hotel did not have its own conveniences but used those in the adjacent arcade.
Mr Mountnay, no doubt hurrying a little, went through a door marked Hotel Arcadia and down an ill lit passage. He came to a dark entrance and, thinking relief was at hand, turned in. Alas. It was not the promised urinal but an uncovered lift shaft, down which Mr Mountnay fell, severely injuring himself.
He duly sued the owner of the Arcadia hotel and recovered 300 pounds in damages.
Joynton Smith appealed to the Full Court. The three judges who heard the appeal must have been imbued with Victorian decency to the extent that they denied Mr Mountnay his damages.
At issue was whether the brief words spoken by the barmaid were admissible in evidence.
Justice Owen: “It seems to me that it would be a monstrous thing to suppose it was any part of the duty of a girl who was employed in the bar of a hotel to serve customers with drink to point out to those customers where the lavatory for men was.”
Justice Pring: “It is contended that the evidence is admissible on the ground of authority on the part of the barmaid to direct male customers to the places of convenience. I decline altogether to lay down a law which would lead to such indecency”
Maybe their honours had never been caught short. Perhaps they had never been in the front bar of a hotel.
Mr Mountnay appealed to the High Court where he had success. Sir Samuel Griffith, Chief Justice, in delivering judgment, was scornful of judicial sensitivities: “I can see nothing unseemly in asking the only person on the spot representing the proprietor where the place was that the proprietor was bound to provide for the convenience of his customers.”
The Arcadia hotel continued to provide comforts, if not conveniences.
In September 1909, Mr Henry Cox from Woy Woy and his wife were guests at the hotel. Arising early one morning Mr Cox was thirsty. A bottle of water was handy so he poured himself a glass. It was to be his last. He immediately turned pale and died.
This is not good publicity for a hotel.
Poisoning customers is somewhat worse than leading them to fall down a lift well. However, the hotel was not to blame. A young Polish visitor, Stanislaus Diktor had been experimenting with electroplating in his room and rather carelessly left a bottle containing cyanide of potassium in his room, assuming the maid would dispose of it.
Things moved more quickly than today and three months later, Mr Diktor stood trial for manslaughter. He was swiftly acquitted. Justice Tucker said he agreed with the verdict of the jury but warned Mr Diktor in future to be very careful in dealing with chemicals or other matters of the nature of which you know nothing.
Smith sold his interest in the Arcadia Hotel and later was a co-founder of the popular paper Smith’s Weekly.
Knighted in 1920 he had been Lord mayor of Sydney and a member of the legislative council. He died in 1943 and the fight over his estate lasted for 6 years, one of the most expensive pieces of litigation of its time.
The Arcadia hotel and the Imperial arcade were demolished in 1961.
Adapted from Mountnay v Smith (1903) 3 SR (NSW) 688; Mountnay v Smith (1904) 1 CLR 146; R V Dyktor 7 December 1909.
