OTTAWA HOCKEY CLUB FIGHTS BENEDICT ACTION FOR $800; AVER GOALIE BROKE TRAINING
Ottawa, Sept. 29 -- The defence of the Ottawa Hockey Association, Limited, against the action started by Clinton Benedict, former goal minder of the Ottawa professional team has been filed with the clerk of the County Court and contains charges against the former hockey player. Mr. Benedict, some months ago, sued the club for $800 salary and remuneration, which he claimed he was entitled to under two contracts and which he had never been paid.
Officers of the club state they are determined to fight the claim and will allow the case to go to trial. The whole case is ready for the session of the County Court, which commences on October 7, and will likely be heard during that week. In its defence, the club counterclaims for $300 against Mr. Benedict.
In their filed defence, the owners of the Ottawa hockey club relate differences over salary and contracts, subsequent to the signing of the original contract for the 1923 season. Excerpts from the defence claims follow:
"10. Because of the plaintiff's breaches of training rules, details of which are hereinafter contained, the defendant fined the plaintiff $300 and notified the plaintiff thereof.
"12. The plaintiff was fined for persistent breaches in training rules, inasmuch as he persisted in indulging in intoxicants during the playing season and in direct contravention of rules established by the defendant, and after repeated warnings from the defendant's officers.
Alleged Breaches of Contract
"13. The following are the particulars of such breaches:
"(a) before the Toronto game on January 22, 1924, as the team was taking the train to play in Toronto, on January 23, 1924, plaintiff arrived in Toronto under the influence of beer or whiskey, according to his own statement at the time to one of his teammates, who assisted him to the berth, where however, one of the defendant's directors observed plaintiff and noticed that plaintiff appeared to be intoxicated.
"(b) On the train to Toronto on February 13, 1924, Messrs. McDowell and Ahearn, directors of the defendant company, spoke seriously to plaintiff regarding his drinking habits and plaintiff broke down and promised faithfully to leave liquor alone.
"(c) After the game of February 21, 1924, (on which day, Dr. Lorne Graham, the club's physician, described the plaintiff's nervous condition as being due to liquor) it was necessary to allow him to recuperate, and defendant company had to use an untrained substitute in a match at Hamilton, and consequently lost such game.
"(d) On the afternoon of Saturday, February 23, 1924, the day of a Canadien-Ottawa game at Ottawa, Dr. Lorne Graham was called to attend plaintiff, who had suffered a nervous breakdown, which breakdown the said Dr. Graham ascribed to the excessive use of liquor.
"(e) On March 21, 1924, the day of a very important game at Montreal, Quebec, he ordered beer up to his room at the Windsor Hotel and drank so much sometimes during the day that he was unable to play properly and the defendant's team were beaten 3-0, plaintiff actually scoring one of the goals on himself. On the said day, Thain McDowell, one of the director's of the defendant company and T. P. Gorman, the manager, spoke to Benedict and he admitted that he had been drinking and promised to refrain from the use of intoxicants.
On Night of Play-Off
"(f) On night of Saturday, March 18, 1924, the night of the Ottawa-Canadien play-off game in Montreal, all the players, including the plaintiff, were told they must retire immediately after the match, as the team were playing the same team again on Monday, the second day thereafter in the last and deciding game. Plaintiff, however, alone disobeyed this order, and disappeared about 11 p.m. the same evening. Several times between 11 o'clock and midnight, the plaintiff's wife, who was in room 1,100 of the hotel the Windsor, telephoned defendant's manager and asked him to locate the plaintiff, who she said had refused to remain in his room. At about 2:30 a.m. on Sunday the plaintiff phoned to Messrs. Hitchman and Finnegan of the team and asked them to go over to the room he was in. Hitchman and Finnegan got up out of bed as the knew we were looking for the plaintiff and went down to the number of the room he had given them.
