CHATEAU AFFRAY

Waikato Times, Volume 118, Issue 19758, 13 December 1935, Page 7

CHATEAU AFFRAY

CIVIL SUIT BEGUN. INJURIES TO MR COBBE. HEARING OF DAMAGES CLAIM. EVIDENCE OF DRINKING PARTIE' (By Telegraph.—Press Association.) TAUMARUNUI, Friday. The adjourned hearing of the olvll case arising out of the affray at Chateau Tongarlro, National Park, Is being heard at the Magistrate’s Oourt, Taumarunui, today before Mr R. M. Watson, S.M. Mr J. A. Gordon Is appearing for the plaintiff, Rlohard Cobbe, late manager of the Chateau Tongariroi and Mr W. Selwyn Averlll, of Hastings for the defendant, E. J> R. Beoker, of Hastings, farmer. There are about twelve witnesses, and Sir Standlsh O’Grady Roche, Naval aide de camp to the Governor-General, Vlsoount Galway, was subpoenaed as a witness for the defence.

In his statement of claim plaintiff alleges that on or about September 8 last, defendant, while staying a t the Chateau Tongariro, assaulted and struck plaintiff on the left temple, thereby causing concussion, external swelling and contusion of the brain, ,so that as a result of such assault and blow, plaintiff was in hospital for the period from September 9 to September 23 and since leaving hospital had been

quite unable to carry out his duties, _and would be incapacitated luntil at •f least December 3i, 1935. Plaintiff asked for judgment for £2OO general damages, £l2 13s 6d hospital and medical expenses and the costs of the action. Plaintiff’s Allegations. Counsel for plaintiff said the position at the Chateau had been somewhat difficult, owing to the fact that there was no liquor license at the Chateau. In the number 1 suite, occupied by a lady from England, there was a drinking party on Thursday, September o and oomplaints were made on Saturday, the 7th. A fresh party'developed, the headquarters being in the same Buite of rooms. There was considerable drinking and towards midnight the revelry was such as became rather a serious matter for people sleeping on the same floor and the floor above. The porters were instructed to get these people to restrain themselves and on a number of occasions they knocked on the door and pointed out that the noise was not fair to other occupants of the building to have a gramophone blaring.

On two occasions drinks were offered to the porters but they refused them. Shortly after midnight _ the porters again intervened and insisted on the occupants going to their respective rooms. This request was partially complied with, in that they left the number 1 suite, some to retire for the night, but others to go down to the lounge. A Fresh Disturbance. The latter started the. disturbance afresh. This was very annoying as guests were arriving, including school children. One member of the pail) took a waste paper basket and scattered paper round the room. One man was told that Mr Cobbe was in and would be called. He suggested in definite language that Mr Cobbe be called, and to ensure that sucli should happen, a small silver tray was thrown upstairs. . , , , • Plaintiff, Cobbe, retired to bed at j 0.30 on Saturday night, and owing to the noise had little sleep. The noise of the thrown tray in the early hours of the morning brought him out of bed.

He went down the passage and had ; a conversation with the lady occupying number 1 suite. He told her to call at his office In the morning, settle her aooount and leave the Chateau.

Shortly after defendant appeared on the scene there was a scuffle and plaintiff received a number of blows the head. Ills recollection of what happened thereafter was very indistinct. The porters and Mr Bailey, a guest in the Chateau appeared, and defendant was taken downstairs and subsequently locked up for the night in his bedroom. Diagnosis of Injuries. Plaintiff was taken to bed. He had a wretched night but was rather better in the morning. On Monday morning his eyesight gave him trouble and ho felt generally “a wreck.” Mrs Cobbe decided that lie must see the doctor and brought him lo Taumarunui, and the doctor had him removed t 0 hospital. There the doctor diagnosed Hie case as concussion and contusion of the brain, lie remained in hospital for a fortnight and afterwards remained in a hotel in the charge ol' a nurse for a further lorlnighl. An X-ray examination performed in Wellington by l)r. Cameron showed a fracture of the skull in the left temporal region. Mr Cobbe's whole physical and nervous system was shaken, lie obtained leave from the Chateau lnit Ids condition was such that after consulting his medical advisers, lie decided to resign ids position and the Crown made him a compassionate allowance.

Coblm, in evidence, said the liquor question at the Chateau was so serious that prior to the September disturbance he had a discussion with I lie Minister in charge of his department about it. Marly in September Miss Catilla, who was repuled to he Dm daughter of a South African millionarrived and occupied the number l suite. On Die night of the disturbance he left his room and met Miss Catllla in the: passage near Die main staircase. She was in a highly excited state and lie told her to leave m the morning Defendant Seeker appeared round the. corner of the liftwell a few yards away, lie seemed prellv drunk and his demeanour was aggressive. Witness pushed defendant away and thought he fell down, . hut was not. sure. Struck from Behind. Witness ;liea walked on in Die direction of Dm stairhead, lie heard si|p O'Ora fly Roche's voice, and could hear a pnriy of people lalkiiig loudly, h„t could not. see them. They were *• pretty rowdy.” (Continued In next column.)

Witness was just looking down to see who was coming up, when someone oame behind and hit him on the left side of the head, witness did not see who It was. everything went black and witness came down on his knees.

His next recollection, was sometime in the early morning in bed. He remembered a struggle and someone throwing him about, but could not tell clearly what happened after the blow. After lie got up lie rang the police at Taumarunui and as a result of the discussion reported the incident lo his head office. In cross-examin&tion witness said he was not on the verge of a nervous breakdown prior to the, affray, and liad not seo a doctor for years. Witness did' not bear the defendant apologise and say the noise was bis fault and not Miss Latilla’s. lie denied calling defendant 11 a conceited young puppy ” or making an offensive remark about Dio party he was with.

Witness did not remember Airs Cobbe coming on the scene. He had never worn a ring in ills life. His character had been assailed throughout New Zealand and he took the present action to clear his name. Witness never punched defendant with a ring on his llnser,

Drinks Offered to Porter.

. Thomas McKone, porter at the Chateau, in evidence said lie requested the party to cease the noise, hut was ottered liquor, which lie refused, The noise continued and lie again knocked on the door and asked the occupants of suite number 1 to retire to their rooms. Seeker offered witness and another porter generous nips of whisky. They refused, and Seeker then drank both nips himself, in quick succession. Defendant was very ” merry.”

The party then broke up. Four members of the party went downstairs. The party was composed of two ladies and two gentlemen, one of whom was Sir O’Grady Roche. Witness did not know Die oilier man. A party of schoolboys was coming in off the bus at this time, and us Sir O’Grady Roche was throwing paper about, witness told him lie would have to send for Mr Cobbe. Sir O’Grady dared him to do so, and threw a silver salver from the ground door to the llrst floor above as witness was going upstairs for Air Cobbe.

Witness described Die scene on the landing after Air Cobbe was called. At Air Cobbe's request witness went away for another porter and on their return they found there had been a disturbance. Air Cobbe was endeavouring to get at Seeker and Sir O’Grady Roche was also on the scene. Witness grabbed Sir O’Grady and the other porter, Stewart, grabbed Seeker. Blood was si reaming from Mr Cobbe’s temple and Seeker had blood on his nose. Mrs Cobbe was also on the scene.

Mr Cobbe appeared io be dazed. At ills request they took Seeker to the basement and later locked him in ills bedroom. Sir n’Grady ami defendant struggled a little at Die start when held, hut quietened down. Wilness and Slewarl asked Seeker to remain in Die basement until llicy returned, which lie did. lie could have left Die basement had tie wished.

Daniel Siewart, porter al Die Chateau, said Die previous wilness, McKone I old him Mr Cobbe. was knocked out and witness went upstairs, where lie found Mr Cobbe and Seeker endeavouring to exchange further Plows. Most of Die effort on Mr Cobbe's part being mostly defensive. The lunch adjournment was taken at this stage.