ALLEGED BEACH FRACAS

Hawera Star, Volume LII, 6 September 1932, Page 7

ALLEGED BEACH FRACAS

LATE EDITION

CLAIMS FOR £9OO DAMAGES PERSONAL INJURY AND LOSS MOTORING RECORD ECHO. SMITH’S TIME FOR SEN MILES. (By Telegrapa—Press Association.) AUCKLAND. Sept. 6. A sequel to an alleged fracas on 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., Harry James Butcher, of Auckland, and Fox Movietone Ltd., of New South Wales. The plaintiffs are Leighton McLeod Hill, cinematographer, and Goeffrey D. M. Goodwin, company director of Wellington. They allege they" were set upon and beaten by the defendant Butcher and by four servants 1 of the company named Thomas,. McDonald, Bierre and Vaughan. Plaintiffs claim £250 damages each and £79 : 10s expenses. There is a further claim for the loss of film rights by seven American, British and Australian companies totalling £340, one for £250 for the loss of profit on four copies of a reel of film for exhihtion in New Zealand. The defence is a general denial of the allegations. A spectator in the court was a former New South Wales AttorneyGeneral, the Hon. D. R. Hill, who is solicitor for Wizard Smith.

BEHAVED LIKE! BEACH OWNER

Oounsc-l for plaintiffs said that on January 26 Butcher was chairman ot' 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, but immediately two men, Thomas and McDonald, swooped down on them, - saying: “You can’t take pictures here.”

His Honour: Whose property were they on when all this happened ? Counsel: On the King’s highway.

Continuing, counsel said Butcher lifter took a running jump up a sandhill and put his hands across the camera lens. He was almost speechless with rage. He declared he had given all the cinema 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 the order, Hiii resisting and Goodwin taking snapshots with his pocket camera.

WAS LANGUAGE RECORDED? Counsel said 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 assaulter when they attempted to return to the sandhill. Counsel submitted that Butcher had absolutely no right to interfere with plaintiffs. No authority for the 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 of so many .people called for more than merely, a nominal penalty. Evidence was then called.