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(Before Mr. Justice Street and juries.)

ACTION AGAINST POLICE. Shirley v Dunnett and another.

The hearing was concluded of .the action In which Arthur Shirley, a motion picture actor and producer, claimed damages of £5000 from Detective-sergeant Dunnett and Constable W. P. Malone in counts of assault and wrongful arrest, as the result of happenings on August 13, 1934. On that day plaintiff arrived in Sydney in the liner Monterey, and was inter- viewed by the defendants. The defendants admitted that no charge was preferred at any time against plaintiff, and that there was no Kround for arresting him, and they claimed that they did not arrest him, and that in accompanying them to the police station from

the liner he acted voluntarily.

Further evidence was given for the de- fendants by William Parker Prior, Chief of the Criminal Investigation Branch, who said that on August 13, 1934, at the Central Police Station, Detective-sergeant Dunnett introduced

plaintiff to him as ''this is Mr., Shirley, who has been deported from America." The tele- phone rang, and witness said, "Excuse me, I will see you later," Plaintiff left the room with Dunnett. It was not usual for an arrested person to be introduced to him in this way.

Plaintiff, recalled, denied that he was intro- duced to Superintendent Prior. He said his marriage in America was conducted openly, and had been given great publicity throughout the country.

In cross-examination by Mr. Badham (for defendants), plaintiff said that Pyramid Pic- tures was an enterprise "started by him, and he made two pictures for It. one of them being "The Mystery of a Hansom Cab." This picture was exhibited for one month in Sydney, and for a similar period In Melbourne. It was shown throughout Australia and in England, and received great praise from the London Press. He himself had the praise of the Governor-General of Australia, and he also re- ceived a lettor from Mr. Bruce.

Telling his experiences in the united States, plaintiff said that he was the leading player in "The Call of Nations," and he had appeared opposite most of the celebrated actresses of the silent films. He was also a leading player in his own right for Universal. He declared that he "discovered" Rudolph Valentino, and got him his part in the "Four Horsemen of the Apocalypse." Valentino recognised this before he died. Plaintiff and W. S. Hart played lead- ing roles together.

The iury returned a verdict for the de-


Mr. C. S. Mack and Mr. L. C. Furnell (in- structed bv Messrs. G. M. Johnstone and Co.) appeared for the plaintiff; and Mr. L. S. Bad- ham (instructed by the State Crown Solicitor, Mr. J. E. Clark) for the defendants.


Talbot v Gould.

John Hawkes Talbot, 26, glazier, of Under- cliffe, brought an action against Bertha Agnes Gould, proprietress and matron of Braeside private hospital, Stanmore, to recover £2000 as damages for personal injuries resulting from the alleged negligence of the defendant in the

maintenance of a stage or balcony at the I hospital. , , v , ,

Mr. i. E. Cassidy, who appeared for the plaintiff, said that the balcony was adjacent to a plate-glass window, through which the light entered the operating theatre at the hos- pital. The balcony was ordinarily used in the cleaning of the window, which was 72 Inches by 100 inches. On October 3, 1934, plaintiff, who was employed by Frede Ash, Ltd" which conducted glazing among other things, as- cended with another man to the balcony to remove the glass window, which had been broken, and to insert another window in its place, The balcony collapsed, and the plaintiff was precipitated against the window. One of his arms was cut so badly at the wrist that if he had not been at the hospital he would almost certainly have bled to death. At the time of the accident, the plaintiff was an invitee, and as such was entitled to a certain amount of


Dr. F. M. Furber said that plaintiff had been left with a weak and clumsy hand, which was now 90 per cent. Inefficient.

The defendant pleaded not guilty, and a denial of the allegations.

The action is part heard.

Mr. Cassidy and Mr. Sheldon (instructed by Mcssis. Dawson, Waldron, Edwards, and Nicholls) appeared for the plaintiff; and Mr. Monahan, K,C" and Mr. J. W. Shand (in- structed by Messrs. Norman C. Oakes and Taylor) for the defendant.

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