SUSPENSION OF JONES UPHELD

Chronicle (Levin), 29 March 1947, Page 5

SUSPENSION OF JONES UPHELD

-Press Association '

HUTT VALLEY WILL DEFY BOXING COUNCIL

By Telegrapfi—

WELLINGTON, March 28. A motion by members of the New Zealand Boxing Council for"' a desolation of the interim injuliction restraining it from acting on its revocation of the professional boxer's licence granted to Willie Jones, an Ameriean, was granted by Mr. Justice Christie in the Supreme Court, Wellington, today. The Court later heara a similar application in respect of the interim injiuiction granted in favour of Bos Murphy, the professiopal boxer, restraining it from acting on its suspension of his licence, but the hearing on this motion Was unfinished when the Court adjourned and will be resumed on Monday. During the hearing of the Jones case, Mr. J. P. B. Stevenson, eonnsel for the members of the Council, said the affidavits filed in support of the Council's motion in this case showed that the first Jones-Murphy fight had been a frame-up while the second had heen arranged between Jones and Murphy. Mr. J. R, Herd, counsel for Jones, mhved to have the affidavits removed from the files on the grounds that they were scandalous and irrelevant. This motion was declined bv Mr. Jiistice Christie.

The parties were the New Zealand Boxing Council (Messrs J. R. Simpson, Ernest Albert Blundell, Eric Gordon Magee, Alhui Stanley Parker, Charles itoy Riesop, Herbert Harry Sterling ind Le.slie Alexander Tracy) and Willie Jones, boxer. The Council applied to have dissolved the interim injuliction in favour of Jones whereby it lfad been restrained from exercising uhe revocation of his licence. It filed in support of this motion affidavits by George Batric-k Aldridge, secretary of the New Zealand Boxing Association and of the Council; William Matthew Brosnan, a member of the Hq,tt Valley Boxing Association eonxmittee, and. a tnanufacturing retailer, and Walter I'Tederick Ingram, journalist. At the outset Mr. Herd. applied to have the affidavits filed in support of the G'oxtncil's motion struclc out ^ because they were irrelevant and scaiy dalous. Mr. W. J. Stacey, for Murphy, asked that the Council's case in respect of Murphy be dealt with first as it had priority on the files and the injunction m respect of Murphy had been granted first. Mr. Stevenson said that as he had filed botli motioas to reseind the interim injxinctions in favour of Joxxes and of Murphy he was erititJed to ask the Courl to adjourn Alurphy's case. There were urgent reasons why the Cotxrt. should near the Joues case first because Jones was mat?hed lo" lxieet Roy Stevens on Easter Saturday and uuless this case was hoar-I first and the Court given the facts on which the interim mjunction coxxhl :>e dissolved Jones would be fighting under a licence which the Council had had to restore to him. The order had been made on an ex -parte application by Jones without the members of 'the Council being heard or having the' dpportunity to give evidence. The same applied in the Murphy case. Mr. Stacey replied that Mxxrphy's interim injunction had been granted first — in the morning and that of Jones m the afternoon. Mr. Stevenson said it was most extraordinary that members of Ihe Council had been served with one clocunxent only — the interim injunction of the Court. The statement of claim, the motion for the injunction and the supporting affidavits had not. No steps had been taken to rectify this omissioil until the Council filed its motion. His Honour said he would hear the Jones case first. Before he did so he wanted to refer to the statement of claim in that case wherein it had been stated on the motion for the interim injunction that it was unlawful for the Council to revoke or purport to revoke Jones 's licence. The rules of the New Zealand Boxing Association, hoWever, said that a licence niight at any time he revoked by the Council. His attentron had not - been drawn to this when the iiUe'rijir injunetion proeeedings were heard. He would like to know why not. Even if there was an answer his attentiori should have been drawn to this ^ rule of the Association. The proeeedings having been ex parte the Council had not been represented.

Mr. Herd replied that rule (55 proyided the methods under which a licence could be revoked. The omission to which his Honour referred was not deliberate. It xvas his contention that rule (55 narrojved the whole compass of the matter. liis Honour said rule 65 deals with penfilties but rule 42 does not neces sarily "eontemplate offences. The Jattei stated tliat a licence might be withdrawn at any time fo'r any reasoii the Council thought fit. jVlr. Herd said rule 65 set out what was recognised as natural justice inso far as it gave poxver to revoke without inquirv or oppoftunity for a person to be lieai'd. It was definitely bad. His Honour said: Is a voluntary as sociation of this kind concerned witfi natural justice? It could conduet it.' own aft'airs without nieticulous atten tion to natural justice. On the paper. before me it revoked the licence anc was entitled to, do so. Mr. Iler'd: Even so revocation is a penaity as stated under clause (55. His Honour: Fortytwo is independent of 65. Mr. Herd: It was subject to 65 which was in aceord with natural justice. The proeeedings of the Council were also subject to the provision of natural justice. It was stated in the Association 's rules that the offender was to be given notice of the alleged oilence and an opportunity to make a statement which should be considered. If it was ruled that the Council could do othervvise then it could sit in judgment withixit rhyme or reason." His Honour: I am prepared to rule that unless you have soniething to niake uie change my mind. Mr. Herd replied tliat if this was the Court 's view then all other proeeedings included affidavits were irrelevant while tlie lattef were also scandalous. His Honour: A matter ean be scandalous even if true. Mr. Herd: If you rule that the

Council is entitled to revoke a licence without inquiry or reason 1 say that all other matters are irrelevant, and 1 cannot argue the matter further. If that is your honour 's iiiterpretation. His Honour: It definitely is. Mr. Herd fsaid he was prepared to accept that rather than bring up other points about the irregularities oi the proeeedings and so forth. He did, however, press for the hearing of his motion to remove the affidavits and he did not want to go into them too fully as tliat would defeat the objeet of his motion. He based tliat first on - the ground that the affidavits and exhibits were needlessly prolix and contained all sorts of irrelevancies. He then approached the Bench and proceeded to show his Honour a section of one of the affidavits. Mr. Stevenson asked: Am I not entitled to know what is this whispering that is going on. Mr. Herd: You will be shown. Alr. Stevenson said he would strenuously oppose the application to have the affidavits removed from the files. There had been a full and propcr inquiry by the Council into the genuineness of the eontests and a confession by Jones xvas in fact made. Mr. Herd: You are trespassing on the very ground to which I take exception. Alr. Stex*enson: I am not going to be gagged. The. point of your case was tliat Lliere was no inquiry, but these affidavits show there was and that certain things were placed before the Council, including the affidavits you noxv xvant to remove. They are relevant as shoxving- there xvas an inquiry. The affidavits shoxv that the "first contest was not gennine, and that it 'was a frame-up, xvhile the second had beeii arranged between Jones and Murphy. Mr. Herd: All propaganda! His Honour interposed that he proposed to rule that the Council acted within its poxvers in revoldng the lieence of Jones and he would make the order accordingly. Alr. Ilerd: If that order rests Jones 's lieence goes by the .board. Iiis Honour: ^ Y es. Mr. Bteve.nson, continuing his argument opposing the motion to remoxre the affidavits from the file, said Jones 's case had rested on the Council not being entitled in law to revoke because it did not hold an inquiry. The whole of the affidavits went to show that it did and xvhatever xvas in them, however much it might be disliked by the opposing side, was relevant to the fact of an inquiry being held and xvas evidence of it. Mr. Herd said all the affidavits should say was that an inquiry xvas held and it xvas irrelevant hnd scandalous to set out other matters. His Honour thereupon rescinded the order gjAnling the interim injunction in favour of Jones which had prevented the Council from acting on the re\*ocation of the licence. Alr. Herd said he would give notice t of appeal against this.

Allegations in Affidavit The affidavit of George Patrick Aldridge, secretary of the New Zealand Boxing Association and of its council, stated that on February 19, 1947 he .received a letter from Rothxvell, Gibson and Page, soiicitors, Loxver Hutt, forwarcling an affidavit of February 14 sworn by William Matthew » Brosnan, manufacturing retailer, of Petone, to which was attached a supplementary statement. Alridge the*i had a eonversation with Brosnan and on February 22 Brosnan eame to his house and said Willie Jones xvas anxious t'o ■ see hirn and let him know "the facts about both eontests. As a result Brosnan and fones visited his house. Jones said he wanted to talk with him for the purpose of endeavouring to free himself from the position he had got into. Fones, eontinued the affidavit, said the first fight with Murphy a't Petone on Tanuary 25 was "a fixed eontest," that oefore it there xvas a irteeting betxveen Jones, Alurphy, Murphy 's manager, Percy Galvin, and A. Marshall, the Australian manager. at which it w^is arranged hoxv the contest would gjo. Jones said af'ter some diseussion it ws),s arranged tliat' Murphy should strike him after the gong had gone in the fifth rounxl so that tlie deeision would gO to him (Jones) for being fouled. At t^eeontest the verdict xvas ih favoui^ Jones on a foul after Alurphy had struck him after the gong. ' | > The affidavit proceeded that Jonis then told Aldridge that the result of the second bout of the night of February 22 was also arranged at the same meeting. Jones was to make tlie contest as attraetive as he could but dujring the ninth round he was to strike Alurphy on the head and -then hold up the striking hand in the air and dangje it as if it was daniaged by the blotv IJe gave Alurphy. Jones was thea to tell the referee he could not continiie as his hand was injxired and tlie fight would be given to Arurphy. Jones said- he (Continued on Page 6) I

BOXING FRAME-UP ALLEGED

(Continued from Page 5) was worried about the position and wafited to tell the tmth and get free of the inixup he was in. J ones said he felt sorry for Murphy who, he said, he could beat a*ny timo, and he. had deeided to tell him (Aldridge) and then do his best, but he did not know vrhat to do about Murphy. Aldridge continued by affidavit that he told Jones the eontest would have to be genuine, that both Murphy and he would have to fight on their iiierits. and that the only thing Jones could do was to tell Murphy this and that he was going to light aecordingly. Jones then said that in fairness to Murphy he would tell him that any arrangements were off, that he was going to,, do his best and advise Murphy to do the saine "I said to him that I and other^ would be at the ringside and would be watehing closely and be in a position to see if'lie was fulfilling his promise to do his best," continued Aldridge fs affidavit. He also told Jones that the matter would have to be reported to the Council and that further action miglxt be taken. Aldridge continued that he reported what had oecurred to several members of the Council and it was deci'd'ed that he and Messrs Simpson and Eiesop should keep a close watch. On January 27, 1947, Jones attended a meeting of the Council for whicli there was not a. quorum due to the short notice axid members being out of town. Brosnan also attended. Jones repeated what he had said- before and added that he had been paid for the first fight with Murphy and for that with McCann over the autliorisedpurse. Jones said he had' not wanted to have anything to do with the arrangements for the first fight but that Marshall had told him to do as he was told or that he would take him back to Australia and mateh him against boys who would draw only a £10 house and break him. Jones, continued the affidavit of Aldridge, said^he still protested and said "What about the referee?" But Marsliall, according to Jones, replied: "You do as you're told and l'll look after thc referee. " Jones then read Brosnan 's affidavit and supplehientary statement and said: "It's all true, but it's dynamite." J. A. Nedweil, assistant secretary, who was present, then asked Jones to sign a statement to that effect, but Jones replied that he had seen tlie linited States Cousul who had told liim to be careful as the statements he had uiade were dynamite. On March 7 there was a Council meeting and Murphy was giveu written uotice to attend but did not, neither did Jones. The Council then decided after considering the affidavit of Brosnan and the statements, to revoke Jones 's licence. A meeting was held on March 21 for thc purpose of inquiring into the Jones-Murphy contests of January 25 and February 22. Murphy was iuformed by letter on February 17 bf the meeting and the fact that the inquiry would in partieular concern Ihe following matters: Whether the contests were genuine, whether both or 'cither boxer failed to box to the best pf his ability and endeavour to win. whether there was any prior arrangeinent between him aud Jones or their hgents or representatives, whether the purses were over the inaximuiu, whether either boxer or any other persons acted in a manner calculated to bring the sport into disrepute. Jones was also informed of this inquiry.

The Second Affidavit. . , / The affidavit audL^upplemeutaryistatfement of Brosniih ;stated ,'tliat fWin obf sei'vations and so'mething he hear'd he suspected the lirst eontest was crooked. The day after a uewspaperman named ingram callcd and told him he had been informed that the bout was a frame-up. Brosnan continued .that he uiet Jones who said that he owed Marsliall £400, tliough previously when he made a punch bag fof Jones Stewart told him to be sure and get the monowai* Jones owed Marshall £700. Jones said when he was clear of Marshall he would clear up matters and tell enough to blow the lid right off the crooked light promoters in New Zealand and Australia. After Jones had aecompanied him to Palmerston North on January 29 ytewart was awaiting Jones in Wellington, and in his (Brosnan 's) presence Jones signed two contracts. Brosnan continued that Jones asked Stewart about a bonus and ytewart inquired if £100 would do. Jones replied that what suited ytewart would suit him. This sum was approved by the committee on January 31. Luter at an interview with G. Joseph, solicitor, Jones was asked by Joseph tf the fight was put up aud was advised to tell the truth. Jones then told Joseph he had laid down and received £500. Later Jones said to him (Brosuan) : "1 trust you and will tell you every thing. If only I could get out of Marsliall 's clutches I would have an easy mind. "

Jones said the frame-up was arranged at Gralvin's office on Thursday prior to the first fight when Marshall and Murphy were also present. Jones said he protested and was told by Marshall to do as he was told or he would take him back to Australia and inateh him against boys who would not draw £10 and break him. Jones then said he had, told Marshall it could not be done without the referee being in and Marshall replied that he would take care of the referee. As a precaution against being doublecrossed Jones decided to write the facts to a young woman friend of his and to. "Bill" Brien, the latter receiving the letters and on whose advice they were destroyed. Continuing, Brosnan 's affidavit stated that Jones said the McCann fight was on the level but the return bout with Murphy was fixed. It was to be willing for seven rouuds. Then Murphy was to hit harder, Jones was to get groggy and Murphy would wiu by a technical knockout in the ninth. Jones said Marshall had stated he had arranged for Murphy to be heavily backIed in Australia and New Zealand. The' code word in the correspondence was "horse" for Jones and "the colt" for Murphy. "I told Jones that to elear nimself he must do his best to beat both MeCann and Murphy and he said he would and tell Murphy that it was each man for himself and the deal was off," continued Brosnan 's affidavit. "I also have some information about the Vic Patrick-Bos Murphy eontest ' and aio >

willing to make a statement to the Boxing Council to try to clarify that matter even at this lafe-stage." He continued: "I propose sending a copy of this affidavit to the Minister of ln ternal Affairs with a request to investi gate the control of boxing in New Zea land." His sole motive in the preseni matter was his obligation to the boxing publie, the boxers and his Association and to help to restore the good name of a nobie sport 3 1 this centre at least. Jones, he said, told him that Marshall made" almost £5Q00 over the Murphy Jones first fight. Oue committeemau told him'on the Friday prior to his bout that a bookinaker who usUally workeo commissions for Galvin had not up tili then received aqy. instructions to back Murphy. The Third Affidavit. The affidayii'. of . YVaiter Frederieh Ingram, sports wxitcr on a "Wellington newspaper, stated" that he met Jones oi. January 26. Jones said there was n meeting -at Galvin ?s office ' on Thurs day -before the first .fight in the presenci of Murphy and Marshall. J ones statei. that he thc.fi/asked where the yeferei w'as and Marshall said- not to worn about that as they were to fix up thi fight. Jones asked what that meani and was told they were going to havi a cleaii-up. Jones said he wTas told to foul Murphy but deelined because ht feared he might be lynched if he fouleci the loeal idbl. It was then suggested, according to Jones, that he should hit Murphy after the gong but he refused . and ultimately it . was agreed tlxat Murphy should hit him. ' On returning to His .hotel, continued " Ingram 's ' affi davit, Jones had written two letters, oue to.liim and one to "Bill" Brien, both care of a young lady at the Masonic Hotel. Jones said he did so so that should there b.e afiy doublecrossing he would -hand over the letters unopcned as they would contain the whole story. Jones, continued the affidavit, said he was to be knocked oui and was to stay dowii until Marshall told him to get up. Jones then said the secohd fight was to end ih Mu,rphy's favour. . Jones .was to pretend he had hurt his hand or that he had gone too fasfe at the start and lost condition and then Murphy coqld stage a graudstand finish. Jones also said he had. warned Galviu about letting Murphy go to Ajistralia to fight under Marshall 's proniotion. Jones also said that he had agreed to. the fight arrangements UntiJ after he told the full stOfy to Aldridge and then he sent "Bill" 'Brien along to tell Galvin about 10 minutes before the fight that he was going to try to win and that all the arrangements were off. Jones had also stated that he sent an Australian friend to tell Murphythe same thing. Ingram 'S affidavit continued that he asked about the letters and was told that on Brien 's suggestion they were destroyed at'ter tlie first fight went the soheduled way. in view of the ruling given Mr. Stevenson on resumption after lunch asked that the original motion by Jones for an absolute injunction be dis missed. It wag'a necessary corollary to the first decision, he submitted. His Honour dismisscd the motion for an absolute injunction whicli Mr. Hcrd had contended ffiis clieut was still able to apply for. Mr. Stevenson had submitted that without the dismissal of the motion for. an .absolute injuuctiou the Council wo]ild have been left in the air aud w.ould nojt know where it i was, and could not mqve to exercise its proper powers. After hearingJ legal argument ou the admissibility of the affidavits the Judge said he was not prepared to oicler that they be; removed. His Honour •8truck.!put;1the applicatiqn for; ifi-terjrbgat'Oijj-ies; ifi; tlf6i ofigifialj inotion oi Jqfies;'ahil'!resei^'ed;, the' 1 qlueitiqh ' oi> CdSts. «;•: ; jij: , : -11/ "M'r. 'Hercl sai!d he would be appealiny on all points.