ASSAULT IN HOTEL

Poverty Bay Herald, Volume LXIV, Issue 19337, 29 May 1937, Page 7

ASSAULT IN HOTEL

FINE OF £lO IN CITY EXCUSE TO MAGISTRATE WIFE FOUND IN ROOM. (Per Press Association.) AUCKLAND, last night. An assault case arising out of tin incident in a well-known city hotel, which came before Mr. C. I;. On Walker,. S.M,, in the Police Court, was described by Detective-Sergeant All-Hugh as having- been one ol' the most brutal in Auckland for some time.

Ernest Mun.ro was charged on summons with assaulting Joseph Henry Winter on December I:.', lJi.'Hi.

Mr. K. C. Aekins appeared I'm Muuro, who pleaded guilty. "The complainant at the time of the assault," said Detective-Sergeant McMugh, " was formerly the licensee of the VVaverley Hotel. Towards the end of November a man named John Esmond Moore, who styles himself a private inquiry agent, booked into the .Waverley Hotel and was given a room on the first floor, a few rooms separating it from the room occupied by Winter. Moore said he was there under engagement by another private inquiry agent, William Churchill, for the purpose of watching the associations of .Mrs. Munro, the wife of the accused, and Winter.

"On Saturday night, December 12, at 9.15, the two inquiry agents, Moore and Churchill, went to the room which Moore occupied. Munro was also there. The three of them left tho room by the window and crawled along a. fire-escape to Winter's room," continued the detective-sergeant.

"Munro was carrying an Indian club in his trouser's pocket. The window of Winter's room was partly raised. Munro pushed it further up and jumped into the room. The light was off in the room, but Churchill stood at the window and shone his torch on Winter, while Munro assaulted him witli the club.

"Mrs. Munro was in the room. Munro immediately attacked Winter, and battered him with the club, causing severe injuries," said DetectiveSergeant MeHugh. Cause for Suspicions "Later the accused and the two inquiry agents left the hotel. The housekeeper at the hotel was called to Winter's room, and found him in a dazed condition, suffering from severe injuries. Dr. Kirker was called in and attended to Winter, who had a large, deep wound two inches in length and exposing the bone of tho forehead."

Detective-Sergeant MeHugh added that there was another severe cut, Li inches long over his right temple, and another half an inch long over the left eye, and two other cuts slightly apart and parallel. There was blood all over the room. The club when found by the police was broken in two pieces. Winter was sent to the hospital, where he remained for some weeks.

Mr. Aekins, on behalf of Munro, said the picture painted by DetectiveSergeant MeHugh, standing alone, would probably suggest that the case was a bad one. "But the fact is that Munro had cause for certain suspicions and found his wife and Winter in a darkened room at the hotel," added counsel.

Mr. Aekins said that Mr. and Mrs. Winter and Mr. and Mrs. Munro were formerly on very friendly terms. From conversations ho had with Winter, Munro believed that Winter kept a loaded rifle in his room. Knowing that, Munro took along a handle of a small Indian club. Fearing that Winter was going for the rifle, Munro Unwritten Law. "I know, sir, that the unwritten lawdoes not apply in New Zealand, but I venture to say that any husband in Alunro's position would have (lone the same thing," said counsel.

"After the assault Munro instituted divorce proceedings, but happily since then Munro and his wife have become reconciled. Munro is 55 years of age, and for 23 years he had lived happily with his wife until this home-wrecker came into their lives. "I would ask, that instead of entering a conviction against Munro, Your Worship will adjourn the case for a specific period," concluded Mr. Aekins.

Mr. Orr Walker: Why didn't he leave the matter to the inquiry agents, instead of getting into it himself? Mr. Aekins: Any man finding his wife in a darkened room would have done the same thing. I'm afraid his feelings overcame him. He says that Winter attacked him first.

Mr. E. A. Singer then interposed. "May I be allowed to make a fewremarks, sir. I represent Mr. Winter," he said.

"It is very unfortunate for him that the defendant notified the police that he was pleading guilty, thus preventing Winter's views from coming before this court. Winter denies many of the statements which have been made in this case. He was not in a darkened room, and he did not attack the defendant. Inquiry Agent Blamed "First, he alleges that the real assault was committed by one of the inquiry agents. In consequence or the defendant's plea to-day, it is grossly unjust that Winter should lie attacked. ' He has always denied the allegations of Monro, and was, at all times, ready to meet those allegations in the Supreme Court. This assault case was adjourned for three months so that the divorce proceedings would not be prejudiced, and it was not until to-day that we have officially been informed of the reconciliation." Mr. Aekins said that it was Mr. Singer who obtained the adjournment. The Magistrate: .1 think the adjournment was made for the sake of all parties. Mr. Singer added that ho wished to place on record that Winter had no gun, except a pea rifle for shooting sparrows at his country place. "He is a man with a position to secure, and has a wife and family himself,'' said Mr. Singer. <i( The room he was in was not a bedroom, but a bed-sitting room, where his friends came to transact business. Mrs. Munro was there for the first time in her life on December 12 to transact business, and had only been there for two minutes when these men burst into the room. According to Winter, it was one of the private inquiry agents who put out

tho light in order that the whole circumstances should look more suspicious. I think these facts should be put before the court."

Mr. Orr Walker said he could mil, of course, assume impropriety on the part of anybody until it was proved. The facts pointed to a very serious assault. Unfortunately, it was not a case of a man who came suddenly upon his wife. "One can only draw the conclusion that Munro was there intending to

assault, knowing his wife was there,'' he added. "Munro is fortunate that he is 'not charged with a more seriou.s offence—that of assault, causing actual bodily harm. The court is only concerned with the protection of the public. This man has taken the law into his own hands. The corn cannot look upon the matter as anything but serious. He will be fined £10." Regarding an application for the suppression of the defendant's name, the Magistrate said that the case was not one in which he should exercise his power by ordering suppression.