WITH BREAD-KNIFE AND FISTS

NZ Truth, Issue 1144, 3 November 1927, Page 5

WITH BREAD-KNIFE AND FISTS

Brooks Arrested

jury Acquits Private Detective On Wounding Charge

ENCOUNTER WITH DANCING INSTRUCTOR

(From "N.Z. Truth's" Special Auckland Representative.) WHEN Alexander Percy Cuthbert Bentley purchased a bottle of rum with which he proposed to cure influenza contracted by the wife of his friend, he did not take into account the effect his medicine might haye — not on the patient, but on her husband, Herbert Marshall Brooks, a Dell-known private inquiry agent.

IN the serious disturbance which followed the detective's appropriation of three-quarters of the contents of the bottle, Bentley was wounded by a knife and Brooks received heavy punishment at the hands of his life-long friend. Bentley and Brooks had been bosom friends for years, the former being part-conductor — with the detective's wife — of the Parisian Dancing Academy. Every Sunday Bentley visited the home of his friends, m Wanganui Avenue, Heme Bay, and there played cards or chess all day. It was on Sunday, August 21, after he had paid his usual visit, that Bentley received an invitation from Brooks to come for tea on the Monday night. Knowing that Mrs. Brooks was ill with influenza, he decided to try the rum cure on her. "Oh, you and Herb, can have a spot before you go back," was suggested by the hostess after thanking the donor for his medicine on his arrival on the Monday. Bentley then went into the kitchen, where his friend, Brooks, was drinking a cup of tea, and said: "What, are you getting a cold, Herb?" to which the reply was: "Yes." Bentley had a firm belief m the excellence of his particular brand of influenza cure. "Oh," said he, "I have got something here that will fix you up," and produced the bottle of rum. As a cure for influenza, his medicine hardly received a ■

fair test, but as a stimulant for violent activity of a most aggressive nature it was a

marked success. — — — The bottle was opened— and m the words of the old Irish biddy — "That's how the row started." When, some little time later, a man and a boy — hearing calls for help by a woman at the door of 'the Brooks' horne — rushed m, they found Bentley sitting on his friend's chest and desperately clinging to his hand. Blood, was streaming from a wound m Bentley's neck. There was evidence of a fierce struggle. Subsequently, Herbert Marshall Brooks, well-known private inquiry agent, was arrested and charged with wounding Alexander Percy Cuthbert Bentley, dancing instructor, with intent to do him grievous bodily harm. Committed to the Supreme Court to stand his trial, Brooks duly appeared last week, indicted this time on three counts — wounding with intent to do grievous bodily harm, assaulting Bentley with intent to cause him actual bodily harm and common assault. From the commencement of the proceedings, Bentley made no secret of the fact that he was still on terms of intimate friendship with Brooks. He resided, he said,, at Clonbetn Road, Remuera. After recounting the story of his visit with the rum on the Monday night, Bentley stated that after they had finished tea Mrs. Brooks came into the dining-room and sat m front of the fire. He told her that she ought to put a coat on, m case she caught a chill. Mrs. Brooks then went into her bodroom to get the coat. Nothing was said by either Brooks or his wife. Brooks did not say to him that he could look after his wife himself. Bentley then said that he had gone into the kitchen to remonstrate with Brooks for drinking so much rum. He had been drinking a lot before tea. Mrs. Brooks was nervous and upset, because her husband was intoxicated. . Brooks had a plate m one hand and a bread-knife m the other. He commenced to gesticulate with both hands and then started to flourish the knife. No word was spoken. "I took the knife out of his hand," said witness. Judge Herdman: Why did you do that? — Because he was waving it about and I thought he might injure himself or poke my eye out. Bentley then described how he had caught the knife by the blade — Brooks was not holding it tightly— and.jerking.it out of his friend's hand, had let it fly over his own shoulder. As he did this, the knife cut his hand; at the same time the blade snapped. A struggle commenced. His Honor: Did you — or did he — commence it? — I suppose he commenced the fight first, but J don't remember whether I hit him first or he hit me. "I stood off and let him have it at long range," remarked Bentley, smiling broadly. In reply to the Crown Prosecutor, Bentley said he could only remember a boy m uniform coming into *he room, but he could not remember saying: "He has cut me on the neck." When this boy came m he was sitting on his friend's chest. Crown Prosecutor: Having a rest? — Yes, just having a rest. It was while they were on the floor that he received the wound m the neck.

The knife must have been "tangled up" with them when they were struggling on the floor, was the way witness put it. Referring to the conversation Bentley had with Brooks m the kitchen, when he had recommended his influenza cure, Lawyer Dickson asked what had taken place when he produced the. rum bottle. "Well, of course, he was very pleased with the i.dea of getting something to drink," replied Bentley, amid laughter, and added: "He had some whisky m the afternoon. He poured out two drinks — they were very big ones." Judge Herdman: "Well, there is no reason to smile about it; just tell us the story." The smile faded, and witness said that he told Brooks he would have his nip after tea. Brooks drank his immediately. Bentley had then walked to the door of the bedroom and remained there talking to Mrs. Brooks about the happenings of the day. "When I got back m the kitchen," he said, "10, and behold — Brooks had had a picnic, on the rum. He had drunk three-quarters of the bottle and there was only about three inches of it left!" (Laughter.) Later, Mrs. Brooks saw that something was wrong. "She smelt a rat," added Bentley, with another expansive smile. '

Judge Herdman: "Probably she also smelt the rum!" (Laughter). Bentley, continuing his story, said that Mrs. Brooks became extremely nervous and that

Brooks looked very

"' much ashamed at his wife finding him m such a condition. He had done his best to keep Brooks m the kitchen,* his chief object being to keep him from upsetting his wife. The smiling Alexander Percy Cuthbert Bentley left the witness-box. Dr. L. K. Crow, of the Auckland Hospital, said he had attended Bentley. The wound on the back of the neck was about four inches long; it was deep and had narrowly missed severing two arteries. When Detective O'Sullivan arrived at the scene of the domestic upheaval, Brooks accounted for his injuries by saying that he had stumbled and fallen against the corner of the door. Speaking m a very clear voice, Herbert Marshall Brooks absolutely denied all knowledge of the fight. After drinking the "nip" of rum m the kitchen, he had lost all consciousness of events which followed. The day of the trouble he had been drinking a lot of whisky for a cold. His relations with his wife were very happy. The next thing he remembered was when Sergeant O'Brien spoke to him while he was washing himself m the bathroom. His. honor, summing up, said there was cause for satisfaction that this incident had not terminated m tragedy. After a lengthy retirement the jury brought m a verdict of not guilty, but added a rider to the effect that the evidence given by the chief Crown witness, Bentley, was most unsatisfactory.