CLAIMS FOR DAMAGES

Horowhenua Chronicle, 7 September 1932, Page 3

CLAIMS FOR DAMAGES

“Wizard” Smith Films .ALLEGATIONS OF FRACAS AUCKLAND, Sept. 6. The sequel to an alleged fracas on the Ninety-mile Beach on the day when ■ 4 ( ‘‘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 Geoffrey D. M. Goodwin, company director, of 'Wellington. They allege they were set r upon and beaten by the defendant But- - cher 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 film • rights by seven American, British and Australian companies, totalling £340, ' and pne for £250 for loss of profit on four copies of a reel of film for exhibition in New Zealand. Fox Movietone Ltd. were struck out of the action before the hearing commenced. - ‘ The defence is a general denial of the allegations. . A spectator in Court was the former New South Wales Attorney-General, Hon, D. R. Hall, who is solicitor for Norman Smith. . Plaintiffs’ Contentions Conusel for the plaintiffs said that on January 26 Butcher was chairman of directors of the company, and although it was denied that he was its representative, ■he had certainly be- ■ haved as though he was the owner of ■the Ninety-mile Beach. When Smith’s car. was brought out of the garage the plaintiffs set up a camera on the sand- : hills, but immediately two men, = McDonald and Thomas, swooped down ,oh 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 that Butcher - later took e running jump up the sandhill and put hisjiands across the camera lenf. He was almost speechless with l rage. He declared that he had given all camera rights to Fox Movietone, Ltd. Fpnr men jostled and pulled at the camera, and Hill was brought down on to the*-beaeh 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,” Pour men began to obey this order. Hill resisting and Goodwin taking • snapshots 1 with his pocket camera. Counsel said that the Court would hear wlmt- language was going on, at this »■ time. His Honour: Is that recorded? Counsel replied that the .recording apparatus was not working just then, : hut there- would be definite evidence ' that Hill-and Goodwin were assaulted, .They attempted to return to the sand- . ih*n. Counsel submitted that Butcher Stad absolutely .no right to interfere ■ .ifSiV-,/

with the 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 highwater mark. When the 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 many people called for more than merely a nominal penalty.

Evidence, was then called. Plaintiff Goodwin said he and Hill set up their camera. Two men rushed up saying; ‘‘You can't take photographs here," and when asked for their authority one of them (McDomuu; pointed to an armlet he was wearing, while' 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 afterwards with an air of triumph, indicating: “You are on the beach. I’ve got you now!" He told his men to confiscate the camera and put it in the garage. ‘ ‘ Five of them proceeded to attempt to do this. Witness said when he took photographs and' threatened that he v 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 6d 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?" “It was not scooping profit. I did not know they wanted profit. I thought it f was for the honour and glory. ’ ’ 1 Plaintiff Hill gave similar evidence and the hearing was adjourned.