Publican Fined For Assaulting Publican

Press, Volume CI, Issue 29938, 27 September 1962, Page 14

Publican Fined For Assaulting Publican

(Neto Zealand Press Association) AUCKLAND, September 26. The proprietor of the Kurow Hotel, Frederick Albert Smith, aged 39, was fined £2O today for assaulting the proprietor of the Mon Desir Hotel, Takapuna, and £25 for assaulting a police officer, when he appeared in the Magistrate’s Court at Auckland before Mr E. F. Rothwell, S.M.

The Magistrate dismissed a further charge of assaulting the porter at the Mon Desir against Smith, who is a member of the North Otago Rugby Union management committee and a former Otago rowing selector. The offences were alleged to have occurred last Saturday night. Smith pleaded not guilty to the three charges. Cecil Robert Kay, aged 62 a night porter, said he warned Smith twice on Saturday night that he was not allowed to have a woman in his room after 11 p.m. Kay said he entered Smith's room, after getting no reply from knocking, and found Smith sitting on the bed with a woman Five minutes later, said Kay, Smith and the woman left the room and went to the hotel office. Smith said to the proprietor: "What sort of a place is this?" and the proprietor explained it was a "good place.” Kay said Smith then hit the proprietor, knocking him on to his back. Smith then hit the proprietor again and also kicked him. While trying to separate them, Kay said, he was struck by Smith Licensee’s Evidence Reginald Walker, licensee of the Mon Desir, said he was in his office shortly after 11 p.m when Smith came to him and asked what sort of a place the hotel was. “After replying tnat it was a decent place." said Walker. “Smith grabbed hold of my collar, ripping it, and hit me I was struck on the forehead and when I was down on the floor Smith kicked me on the leg and in the ribs.” Walker said he thought Smith went berserk. The girl he was with eventually pulled him off Walker Andria Tolich, a police sergeant. said that when he went to the hotel and asked Smith what he had to say, Smith just stood grinning and winking at the witness Tolich said he got the impression that Smith was trying to get him to forget about the whole matter When he got Smith to the I police station the accused charged at him, grabbed his tie and collar and tried to

apply pressure to his throat, said Tolich.

In evidence, Smith said he had come to Auckland to see the All Blacks play the Australians He said that as soon as he was asked to take the woman from his room he did so Smith said that as he passed the office Walker told him it was a respectable hotel. Felt “Insulted” “I considered this was an insult and told him to make up my account and I would leave immediately," said Smith. “I had the feeling he implied that misconduct was going on in my room ” Smith said he was upset and saw "red” for a moment. He said he had no recollection of hitting or kicking Walker. He denied grabbing Sergeant Tolich's throat, but admitted that some fighting took place at the police station. The Magistrate said he did not think Walker's remark was improper.

There was a violent and prolonged assault on Walker, said the Magistrate. He was satisfied that Sergeant Tolich was teUing the correct story about the incident in the police station. The Magistrate said that only Smith's clean record and the state of mind he was in at the time of the assaults kept him from being sent to prison for the offences.