BEHAVED AS IF HE OWNED BEACH

Rotorua Morning Post, Volume 2, Issue 321, 7 September 1932, Page 5

BEHAVED AS IF HE OWNED BEACH

(Press Assrr-

WARRING CAMERAMEN STORY OF ATTEMPT TO PHOTOGRAPEl MR. WIZARD SMIT£ AN ALLEGED ASSAULT

-By Telegraph — Copyright)

Auckland, Tuesday. A sequel to the alleged fracas on the Ninety-Mile Reach on the lay when "Wizard" Srrifth broke the 10-mile land speed record was heard in the Supreme Court today, when a claim for damages. was brought against the Auckland Automobile Racing Club, Limited, Harry James Butcber, of Auckland, and Fox Movietone, Limited, of New South Wales. The plaintiffs are. Leighton McLeod Hill, cinematographer, and Geoffrey D. M. Goodwin, eompany director, of Wellington. They allege that they were set upon and beaten by defendant Butcher and by four servants of the eompany named, Thomas, McDonald, Bierre and Vaughan, and they elaim £250 damages each and £78 10s expenses. There is a further claim for loss of film rights by seven American, British and Australian companies, totalling £344, and one for £250 for loss of profit on four copies of the reel of tho film for exhibition in New Zealand. The defenc-e is a general denial of the allegations. A spcctator in Court was the former New South Wales Attorney-Gen-eral. Ilon. S. It. Hall, v/ho is solicitor for "Wizard" Smith. Counsel for plaintiffs said that on January 2G Butcher was chairman of directors of the eompany, and though it was denied that he was its representative he certainly behaved as though he was the owner of the Ninety-mile Beach. When Smith's car was brought out of the garage plaintiffs set up a eamera on the sandhills, but immediately two men, Thomas and McDonald, swooped down on them, saying: "You can't take ■ pictures here." His Honour: Whose property were they on when all this happened.? Counsel : On the King's highway. Almost Speechless Witb Rage Continuing, counsel said Butcher took a running jump up the sandhill, and put his hands across the camera lens. He was almost speechless with rage. He declared that he. had given all the cinema rights to Fox Movietone, Limited. Four men jostled and pulled at the camera, and Hill was brought down on the beaeh against his will. Goodwin followed to help him. Then Butcher drove up in a car, and said: "You're on the beach. Now confiscate the camera." The four men began to obey the order, Hill resisting and Goodwin taking a suapshot with his poclcet camera. Counsel said the Court would hear what language was going on at this time. His Honour: Is that recorded?

Counsel replied that the recorclmg apparatus was not working just then, j but there would he definite evidence. Hill and Goodwin were assaulted ! when they attempted to return to the ; sandhill. I Counsel submitted that Butcher ! had absolutely no right to interfere with plaintiffs. No authority for the ! control of the beach had boen issued. j Ilis Honour: Who owns the beach? j Counsel: It is Crown land. It was j Smith's intention to race below the high water marlc. When plaintiffs wero dragged down fi'om the sandhill they were on the beach. The Minister of Marine might have had authority to interfere, but certainly not Butcher. Counsel submitted that Butcher's conduct in the presence of many people called for more than merely a nominal penalty. Merely Mumbled Plaintiff Goodwin said that he and Hill set up their camera. Two men rushed up saying "You can't take photograplis here," and when asked ( for their authority, one of them, Mc- : Donald, pointed to an armlet that he j was wearing. The other man, Thomas, j stood in front of the lens. When Hill went to take a photograpb, Thomas punched Hill and witness advised Hill not to retaliate. Butcher would not give any reply, but mumbled something when asked for his authority to interfere. Hill tricd to stand his ground, hut was pushed and pulled off the sand hills on to the beach. Butcher came up to them afterward with an air of triumph, indicating, "You are on the beach. I have got you now." He said to his men, "Confiscate the camera and put it in the garage." Five of them proceeded to attempt to do this. Witness said that he took a photograph and threatened it might be used as evidence; Butcher and Vaughan became furious. Butcher and Thomas used foul and filthy expressions, and tried to provoke him to fight. Thomas seized witness's camera, hut could not get away with it. For Honour and Glory Counsel for the Racing Club: Did you pay a single sixpence toward the expense of this costly speed test? — No, certainly not. But you were not above attempting to make some profit out of it? No I was not. As a sportsman, Mr. Goodwin, it was hardly a fair thing to take advantage of the elaborate system they had provided, and then without paying a penny, to endeavour to come in and scoop the profits? I did not know they wanted tho profits. I thought it was for honour and glory. Plaintiff Hill gave similar evidence. The hearing was adjourned.