ATTACK IN HOTEL

New Zealand Herald, Volume LXXIV, Issue 22741, 29 May 1937, Page 16

ATTACK IN HOTEL

LICENSEE ASSAULTED CHARGE AGAINST HUSBAND " LAW TAKEN IN OWN HANDS " MAGISTRATE IMPOSES FINE The story of an assault made with a club upon the former licensee of a city hotel was tolcl to Mr. C. R. OrrWalker, S.M., in the Police Court yesterday, when Ernest Munro pleaded guilty to a charge of assaulting Joseph Henry Winter. Detective-Sergeant McHugh conducted the case for the police and Mr. Aekins appeared for accused. The complainant, at the time of the assault, was the licensee of the Waverlev Hotel, said Mr. McHugh. Toward the end of November a man named John Esmond Moore, who styled himself, a private inquiry agent, booked into the hotel and was given room 29 on the first floor, a few rooms separating ,it from the room occupied by Winter. The evidence of Moore showed tha/t he was engaged by another private inquiry agent, William Churchill, to watch the association of Mrs. Munro and Winter. In consequence of what Moore alleged he saw on the night of December 12, he and Churchill went to room 29. Munro was also there. - Crawled Along Fire Escape

"The three men then left by the window and cjrawled along the fire escape to Winter's room," continued Mr. MeHugh. "The window was partly up, and Munro pushed it further up and jumped into the room. There was no light, but Churchill shone his torch into the room while Munro assaulted Winter with a club which he was carrying in his trousers' pocket-. He continued to attack Winter, who was badly battered and severely cut on the head, and then Mrs. Munro, who t\as in the room, switched on the light. "When the light went on, Churchill and Moore returned through the window to room 29 and went to the door, of Winter's room," said Mr. MeHugh. "By, this time Winter and accused were out in the corridor. Winter was attempting to defend himself, but Churchill stepped, in and stopped him. The accused and the two inquiry agents then left the hotel." Mr. MeHugh. said a housekeeper at the hotel was called to Winter's room and found him in a dazed condition and suffering from severe injuries. Dr. A. H. Kirker was called and attended to Winter. There was blood all over the room, and the club found bv the police was broken in two pieces. Winter was sent to a hospital where lie remained for some weeks. Husband's Suspicions Mr. Aekins said the picture painted by Mr. MeHugh, if left standing alone, would probably leave the ease as a bad one. The fact was that Munro bad .cause for suspicions and found his wife and Winter in a darkened room. It was he who shone the torch into the room, and Winter then struck bim a blow on the chest. Winter was a heavier man than Munro, who had beeh'knocked about and severely shellshocked in the war. All the parties, Mr. and Mrs. Munro, and Mr. and Mrs. Winter, had formerlv been on friendly terms, added Mr. Aekins. Munro knew from a previous conversation with Winter that be had a loaded rifle in the room, so he took the club with him. It was the handle of an Indian club and could not have been very heavy if it broke. Fearing that Winter was going for the rifle, Munro struck him twice. Parties Reconciled Mr. Aekins said divorce proceedings were instituted, but happily defendant and his wife had since become reconciled, 'He had been generous enough to overlook the indiscretion. In view

of this fact counsel asked for the suppression of the names of defendant and / his wife. "I -would ask that in view of the unusual nature of the events that led up to the assault, and the fact that Munro is a man of 55 years of age who lived happily his wife for 23 years until this home-wrecker came into their lives that Your Worship will consider this application, and instead of recording a eonx-ietion, adjourn the case for a specific period," said Mr. Aekins. Mr. Singer then interposed. "May I be allowed to make a few remarks, sir?" he said. "I represent Mr. Winter. It is very unfortunate for him that defendant notified the police that he was pleading guilty, as Winter's position and statements can not bo placed before this Court. Winter denies many of the statements which have been made in this case. He denies that the room was in darkness, he denies that lie had anj'thing in the way of a loaded rifle, and he denies that ho pttacked defendant. As a matter of fact he alleges that the real assault was committed by one of the inquiry agents." ' "Allegations Always Denied"

"It is grossly unfair that Winter should be attacked here in consequence of Munro pleading guilty," said Mr. Singer. "He has always denied the allegations of Munro, and Was at all times ready to meet tjiose allegations in the Supreme Court. These proceedings ■were adjourned for three months on the application of the defence in order that the divorce proceedings might not he prejudiced, but it Was not till this morning that we knew for the first time that Munro and his wife have been Jiving together. We have not been officially informed of the reconciliation." Mr. Aekins said the proceedings had v been adjourned at the request of Mr. Singer, who had approached Hi* Worship. The-Magistrate: I think the adjournment was mado for the sake of all parties. . Mr. Singer said he did want to put on record that- Winter did not have a gun there. He had a gun at his country place for shooting sparrows, but there was no harm in that. "He is a man ■with'/ a position to secure and has a ■wiffl and family himself," - said Mr. Singer "The room he was in was not a bedroom, but a b«*l-sitti»g room, where friends came to talk and transact business. The lady went there on December 12 for the first time in her life purely for business purposes. She had only "been there one or two minutes when the men burst into the room. According to Winter, it was one of the private detectives who put out the light at tho door in order that the circumstances should look more suripieious. I think these facts should bo put before tho Court." Comments by Magistrate

"I cannot assume impropriety on the part of anybody until it is proved," 6aid the magistrate. "Tho facts point to a very serious assault. Unfortunately, this is not ono of those cases of a man who comes suddenly upon his wife. Defendant apparently went there knowing that his wife was there, one can only draw the conclusion •first he intended to assault Winter." "Defendant is fortunate that he is not charged with a more serious offence —assault causing actual bodil ( v harm," continued tho magistrate, "'llio Court is only concerned with the protection of the public, and this man has taken the law into his own hands. 1 cannot look upon this case as anything but serious. Be will be lined .CIO."

Regarding the application for tho .suppression of the names, the magisS trato said the case did not appear to bo one where he should exercise that «fc*V*oriiinai-y power,