OLMSTEAD APPEAL
"Jail Term Would End His Career In Hockey"
Vancouver (CP) -- The British Columbia Court of Appeal was told yesterday that a six-month jail sentence imposed on National Hockey League star Murray (Bert) Olmstead would mean "lifetime destruction as a professional hockey player."
The three appeal judges, Chief Justice A.P. Des Brisay, and Justices J.M. Coady and F.M. Sheppard, reserved their decision on Olmstead's appeal for quashing of the jail term. Senator J.W. Farris, appearing for the hockey player, asked the judges to impose a moderate fine instead. The 31-year-old forward, formerly with Montreal Canadiens, but traded in the off-season to Toronto Maple Leafs, was convicted and sentenced by Magistrate N.J. Bartman for assaulting Ralph D. Rooney of West Vancouver at a Vancouver Trapping Association banquet this summer.
"Unprovoked Attack"
The Magistrate called the assault "an unprovoked and vicious attack on a defenceless man for nothing." Doctors testified at the trail that Rooney suffered face and body injuries as a result of the washroom fracas and had since been unable to sleep restfully without sedation. Senator Farris said yesterday the beating was not unprovoked and that Rooney struck the first blow by hitting Olmstead in the stomach. He called Rooney's allegation that Olmstead struck him at least 50 times "absurd."
He said that Magistrate Bartman was carried away with the extravagant descriptions of blood and pulp on the man's face" given in police court. Senator Farris said that Rooney's injuries were not as serious as suggested and asked the judges to bear in mind he was able to make a flying business trip to Toronto 10 days after the fight. "While I do not deny Rooney got some pretty rough treatment, it has been entirely exaggerated," he said.
Olmstead's Offer
Senator Farris said Olmstead is prepared to pay expenses claimed by Rooney as a result of the assault, with the exception of the $850 doctor's bill, which he said ought first to be proved. But he said Olmstead did not deserve a jail sentence. Speaking of his client, Senator Farris said: "You don't need to reform this man. This character, even with blood on it, will stand out against any other men in public life." He introduced a number of letters, some from nationally prominent figures, testifying to Olmstead's good character.
N.R. Crump, CPR president, called him a "clean-cut young man not known to be a fighter." NHL president Clarence Campbell said Olmstead always enjoyed the highest reputation for good character and conduct both on and off the ice. Mr. Farris said that if the penalty were to be changed, that a fine in excess of $500, "say $1000," would not be out of line.
Chief Justice Des Brisay said the judges would make their judgement "as quickly as possible."
