PERRY IN CLUB-LAND

NZ Truth, Issue 1214, 7 March 1929, Page 9

PERRY IN CLUB-LAND

Not Wanted by Committee, But Judge Had A Say

FEILDING MEMBER WINS OUT

(From "N.Z. Truth's" Feilding Representative)

For over a dozen years Stanley Gordon Perry, of Waituna West, had enjoyed the sociability and the amenities provided by Feilding 's exclusive coterie as by the Feilding" Club. Perry was, m a general way, a well-to-do farmer, but it happened, however, that early last year he went the way many other farmers have gone—financially—and he filed his petition m bankruptcy.

GORDON PERRY'S name disappeared from the list of the club membership. Later he took out a prohibition order "against himself. Before being granted his discharge from bankruptcy, Perry's exclusion from the club was reviewed by the committee, which, by motion duly carried, re-admitted him to membership. . Events later m the year were reviewed m the Supreme Court at Palmerston North the other day, when Mr. Justice Smith heard Perry's case upheld by Mr. Harold R. Cooper, who related how,, subsequent to his return to the circle, Perry /had been advised by the secretary that the club had altered its rules to the effect that a prohibited person should be summarily suspended. This was resented by Perry, who immediately took legal advice on the position. He demanded his rights as of old, [ and threatened legal proceedings if matters were not altered. The club "powers that be" were not dumbfounded, but they haled the unwanted clubman before them on a charge of grossly misconducting himself m the club premises some months earlier. There were no "to wits" m the

was after this that he was re-admitted to the circle. His feelings had been unnecessarily hurt, too, by the fact that when he went before the committee they held the meeting in' the strangers' room. He knew that, he would have no chance of getting "a fair go," as the secretary of the club had allegedly told him that if he could not be bumped on one charge the committee would get him on another. To combat the evidence of the excluded member, Mr. Ongley called the president of the club, Edmund Goodbehere, who denied that there was any bias towards Perry. | It certainly had given members a great deal of concern to realise that, for the first time m almost forty years, a club member had, by excessive drinking, brought such a slight on the institution by being the subject of a prohibition order. With reference to the inquiry held by the committee, Perry had admitted being m the club and falling down one day m June. The excuse offered was that he v had slipped on a mat, which, tHe president told the court, had never existed. Perry was not allowed to examine

charge which was preferred verbally by Club President Goodbehere. The charge was a serious one, the allegation being that one day last June, while he was a prohibited person, Perry had entered the club and that he had taken m some liquor, which he offered to the club's steward — not to be placed m the member's locker, it was said, but to drink. „ The committee, by motion duly carried, then completely erased Perry's name from the register. A writ was issued by. Perry out of the Supreme Court, asking for a declaration that the rule of the club was illegal, and that his suspension could not stand, on the. grounds that it was made m bad faith and from malice. He also asked for compensation totalling £100. From the box, Perry told his story, stating that Mr. Goodbehere and Mr. Sandford, the Union Bank manager, both committee-men were biased against him. To Mr. A. M. Ongley, who had been briefed by the club, Perry admitted running into Mr. Goodbehere one night on a two-chain- wide straight road. It'

I those who had complained of his conduct, for the reason that, at the time the "court martial" was held, the club had had 'a letter from Perry's solicitor threatening proceedings, and they did not wish to disclose their evidence. He could offer no explanation as to why the minute-book did not disclose the names of the members present! [ when the momentous resolution expelI ling Perry was passed. I The impeachment that he had "had it m" for Perry because of the accident was denied by Goodbehere, who stated that it was his evidence which had secured Perry's acquittal when he was charged by the police. The whole position was that their good name wras going to suffer if a prohibited, person was allowed to make such use of the Feilding Club. Only two witnesses were Called, and then counsel dealt at length with the legal aspect of the case. His Honor reserved his decision for a time, and then decided that the action of the club was not m accordance with national justice. He held that Perry was still a member. As recompense for his brief exile, Perry is to receive £16 from the club's funds.