SPEED RUN SEQUEL

Dominion, Volume 25, Issue 294, 7 September 1932, Page 10

SPEED RUN SEQUEL

Operation of Movie Camera NINETY MILE BEACH Action Against Officials ALLEGATION OF ASSAULT By Telegraph—Press Association. Auckland, September 6. The sequel to an alleged fracas on the Ninety Mile Beach on the day when “Wizard” Smith, broke the ten mile land speed record was heard in the Supreme Court to-day, when a claim for damages was brought against the Auckland Automobile Racing Club, Ltd., and Harry James Butcher, of Auckland, Plaintiffs are Leighton McLeod Hill, cinematographer, and Geoffrey D. M. Goodwin, company director, of Wellington.

Plaintiffs allege they were set upon and beaten by defendant Butcher and by four servants of the company named Thomas, McDonald, Bierre, and'Vaughan, and claim £250 damages from each and £7B/10/- expenses. There is a further claim for the loss of the film rights by seven American, British, and Australian companies, totalling £340, and one for £250 for loss of profit on four copies of a reel of film for exhibition in New Zealand. The defence is a general denial of the allegations. A spectator in Court was the former New South Wales Attorney-General, the Hon. D. B. Hall, who is solicitor for Mr. Norman Smith. Case for Plaintiffs. Counsel for plaintiffs said that on January 26 Butcher was chairman of directors of the company, and though it was denied that he was its representative he certainly behaved as though he was the owner of the Ninety Mile Beach. When Smith’s car was brought out of the garage plaintiffs set up a camera on the sandhills, but immediately two men, Thomas and McDonald, swooped down on them, saying, “You can’t take pictures here.” His Honour: Whose property wer« they on when all this happened? Counsel: On the King’s highway.

Continuing, counsel said that Butcher later took a running jump up the sandhill and put his baud across the camera lens. He was almost speechless with rage. He declared that he had given all camera rights to Fox Movietone, Ltd. Four men jostled and pulled at the camera and Hill was brought down on the beach against his will. Goodwin followed to help him. Then Butcher drove up in a car and said, “You’re on the beach now. Confiscate the camera.” Four men began to obey this order, Hill resisting and Goodwin taking snapshots with his pocket camera. Counsel said that the Court would hear what language was going on at this time.

His Honour: Is that recorded? Counsel replied that the recording apparatus was not working just then, but there would be definite evidence. Hill and Goodwin were assaulted. They attempted to return to the sandhill. Counsel submitted that Butcher had absolutely no right to interfere with plaintiffs. No authority for control of the beach had been issued. His Honour: Who owns the beach? Counsel: It is Crown land. It was Smith’s intention'to race below high water mark. When plaintiffs were dragged down from the sandhill they were on the beach. The Minister of Marine might have had authority to interfere but certainly not Butcher. Counsel submitted that Butcher’s conduct in the presence z of many people called for more than merely a nominal penalty. Plaintiff’s Story. Plaintiff Goodwin said he and Hill set up their camera. Two men rushed up saying, “You can’t take photograpns here!”, and when asked for their authority one of them, McDonald, pointed to an armlet he was wearing. The other, Thomas, stood in front of the lens. When Hill went to take photographs Thomas_punched Hill and witness advised. Hill not to retaliate. Butcher would not give any reply, but mumbled something when asked for his authority to interfere. Hill tried to stand his ground, but was pushed and pulled off the sandhills on to the beach. Butcher came up to them afterward with an air of triumph, indicating “You are on the beach; I’ve got you now.” He said to his men, “Confiscate the camera and. put it in the garage.” Five of them proceeded to attempt to do this. Witness said that when he took photographs and threatened that he might use them as evidence Butcher and Vaughan became particularly furious. butcher and Thomas used foul and filthy expressions and tried to provoke him to fight. Thomas seized witness’s camera, but could not get away with it. Counsel for the Racing Club: Had you paid a single sixpence toward the expense of this costly speed test?— “No, certainly not.” But you were not above attempting to make some profit out of it? —“No, I was not.” As a sportsman, Mr. Goodwin, it was hardly a fair thing, was it, to take advantage of the elaborate system they had provided and then without paying a penny to endeavour to come in and scoop the profit?—“lt was not scooping the profit. I did not know they wanted profit. I thought it was for honour and glory.” Plaintiff Hill gave similar evidence, and the hearing was adjourned.