BRAWL INTERRUPTS DANCE

Sun (Auckland), Volume III, Issue 707, 5 July 1929, Page 1

BRAWL INTERRUPTS DANCE

Incident in Newton Cabaret

TWO YOUNG MEN FINED

WHAT must have been a decidedly hectic evening at a Newton cabaret was described at the Police Court this morning when three young men were charged with behaving in a disorderly manner. Witnesses’ accounts of the affair varied considerably, but the court was assured that there was a brawl, and that women were screaming and grabbing handfuls of hair as their partners fought.

teslie James McKay, James H. Joy imd H. Facoory were the young men iharged with disorderly behaviour, end the first two also faced charges of using obscene language. Defendants pleaded not guilty on all charges. _\lr. Smyth appeared for McKay and Joy and Mr. Schramm for Facoory.

Nicholas Sanders, manager of the dance hall, said that the evening of the disturbance was May 25. McKay nnd Joy had come in about nine o'clock and before they had been in ion minutes an argument had started. A Maori and McKay were arguing because the Maori had accused McKay of using obscene language within the hearing of girls. McKay had wanted to fight the Maori, but witness had tried to pour oil on the troubled waters, suggesting that the young men should not make a disturbance in the dance hall. About 11 o’clock there had been a second argument, when McKay had started an altercation with a man named Lee, who had accused him of bumping during the dance. “McKay then used obscene language and called Joy over,” continued witness. “Joy also used obscene language. Then lour or five of them attacked Facoory. Joy and McKay were knocked out and there was a general brawl.” Sanders held McKay entirely responsible for the disturbance. He was of the opinion that Joy would have been all right had McKay not called on him for support. There had been ten or a dozen in the brawl and witness had himself been struck in trying to put a stop to the trouble.

“Girls were screaming and everybody seemed to be using bad language,” he said. “Facoory and I were rushed through the door. I managed to get down to the landing below but I thought Facoory would be tipped over the railing and I was waiting down below to catch him.”

In witness's opinion McKay and Joy were under the influence of liquor but Facoory was perfectly sober. Alfred John Sheay, who had been employed at the cabaret as doorkeeper, assured the court that he had done his best to quell the disturbance. When the crowd had rushed Facoory, he had tried to hold them back and let the man escape down the stairs. Sheay also considered that McKay and Joy were under the influence of liquor but that Facoory aud Lee were sober. “Nobody was seriously hurt,” continued %, Itness. “There were about 30 girls in the hall and somewhere about the same number of boys.” According to Sheay’s story, Facoory had been appealed to by McKay to join in the fight but asked to be left

out as he preferred to be neutral. He had then been attacked. At this stage Mr. Schramm asked for the dismissal of the charge against Facoory owing to lack of evidence. His request was granted and the charges against Joy and McKay were proceeded with.

Ethel Joy, for the defence, said that she had met Sanders a week after the dance, at which she had not been present. He had expressed sorrow that Joy was her brother and said he ■would let him down as lightly as possible. He had also told her that he was going to “rub the dirt into McKay.”

Put in the box by counsel, Joy said that he had had only one small bottle of beer before going to the dance. As far as the brawl was concerned witness had been struck by Facoory and retired from the fight. “X did not hit anyone,” he said. “Facoory was not sober.”-

Mr. Smyth: Facoory does some boxing in the ring but a lot more out of it. Joy is not a fighting man himself. McKay said that he had turned to see Facoory strike Joy and had then been hit himself. Two teeth were broken and his lip cut. He denied that he had been swearing. According to Joseph Francis McKay, brother of defendant, Facoory had been responsible for the brawl. “Facoory hit me for no apparent reason,” he asserted.

Mr. Smyth: I suggest that the guilty man has got away. Witness told the court that in order to save himself from the rain of blows directed at him by Facoory he had wrestled with him and they had fallen to the floor. At least one girl had then commenced to pull his hair. Sub-Inspector McCarthy: Do you suggest that they wanted a lock of your hair? “X am prepared to swear that no obscene language was used,” concluded McKay. Joy’s employer assured the court that the young man was not in the habit of using bad language. He had an excellent reputation and witness had known him for some years. Evidence as to the excellence of McKay’s character was given by Horace Kayes, a member of the Mount Albert Borough Council. “I prefer to believe the doorkeeper and manager of the cabaret,” said Mr. F. K. Hunt. S.M. “They at least weye sober. McKay appears to have been the leader and everything was all right until he got there. The public apparently attacked him and that shows what they thought of him. McKay admits himself that he was frightened they were waiting for him when he came outside.”

McKay was fined £3 and Joy £2 for disorderly behaviour. Both defendants were fined £1 each for using obscene language.