FIRE INQUIRY

Evening Post, Volume CXI, Issue 114, 16 May 1931, Page 14

FIRE INQUIRY

ITHORNDON QUAY GARAGE

SECRETARY'S STORY

DECISION NEXT WEEK

Stating that the importance of the inquiry necessitated that he should carefully consider all the evidence, the Coroner (Mr. W. H. Woodward, S.M.) reserved his decision at the conclusion of the inquest yesterday into the fire at the garage of Birkett and Sons, Ltd., Thorndon quay, on 20th April. Mr. Woodward said that he would deliver a written decision some time next week. The greater part of tho afternoon yesterday was taken up with the hearing of the evidence of Mr. W. E. Turnbull, the secretary of Birkett and Sons, Ltd., but Mr. G. G. G. Watson, counsel for the Wellington Fire Board, also took the opportunity to recall two witnesses to refute statements made by witnesses called on behalf 4 of Birkett and Sons, Ltd. With Mr. Watson, Mr. W. P. Shorland appeared for the Wellington Fire Board, and Mr. O. C. Mazengarb appeared on behalf of Birkett and Sons, Ltd. TUENBULL'S EVIDENCE. William Edward Turnbull said that he joined the firm in November last. In regard to transactions prior to November he had no personal knowledge. As far as tho other transactions were concerned he had some personal knowledge, and, for tho rest,' depended on Mr. Birkett or the salesmen. Representatives of the Queensland Insurance Company had frequently visited the garago soliciting business, and they allowed the firm a commission of 20 per cent. Witness had frequent instructions from Mr. Birkett about the. nature of the fire insurance policy the firm should have, and efforts were made to obtain a float- - ing policy. In March the books of the company were audited by a public accountant. AVitness was in Wellington at the garago on tho day of the fire. It was his practice to work back at nights, as he had been abnormally busy during the past few months. He left the garage a few minutes before 10 o'clock on the night of the fire. Just before 12 o'clock the police rang him at his home in Island Bay to tell him about the fire, and he immediately came into town. He found that the books and records of the firm were in the safe, and were not touched. He went to the garage again next morning. Mr. Mazengarb: "Were you there when the fire inspectors, insurance men, and others were there?" Witness: "The place was overrun.' There was nothing unusual, he said, in the number of cars in tho garago that night, and there was room for more. AVitness was under the impression that the £7000 fire insurance cover included the'whole of the stock, plant, fittings, and everything in the garage. On the morning after the fire tho ■ 'foreman mechanic, acting on instructions from witness, cleaned up tho place and put the junk-on the lorry. Mr. Mazengarb: "If.Mr. Nelson says the debris was on the lorry at 9 o'clockon the morning after the fire, what would you say?" Witness: "I would say lip was entirely wrong." ' ' "AVcre there many people coming in and out of the garage after the fire?" ' —"Oh, yes; hundreds of them." . PREMISES IN ORDER. "Were tho premises in order when you left them on tho night of the ire?"— "Quito all right." "Do you think the fire was caused by someone?" —"I am inclined to think it was done deliberately." He could not account for, the fire other than it was started- by some person. Mr. lAVatson: "How many-motor-ears did you own, or have an interest in, on the night of the fire?"—"l had an interest in a truck and a car you have already referred to. It was in! my name." AVitness said that ho was interested in those two vehicles when he- joined Birkett's five months ago. He was also interested, with Birkett 's, in a company called "Conducted Tours, Ltd.," whose main asset was a ear burnt in the fire. "AVhat were its other assets?"—"A large quantity of literature spread throughout the world." There were also two cars at present in the Taranaki district. OTHER CARS BURNT. "Now, one of these cars had the .misfortune .to have a fire in Taranaki, didn't it?"—" Yes." The car. went over a bank and was destroyed by fire. "And the insurance companios-,refus-.cd to pay' out on that car, didn't they?"—" The insurance companies refuse to pay out on any lire. They are always making inquiries." "You had the misfortune to liavo another truck burnt just before the fire, didn't you1?"—"Yes." This truck, which was insured for £.450, also went down a bank.and caught on fire. _ The insurance company had reconditioned this truck. Mr. Watson: "And it arrived back in "Wellington just in time to bo in the Wellington firef"—"lt. came back to be delivered to a man who wouldn't take it because it was too late." Witness. s,ai.d, .that there were four people who tod kQys .of the garage. "Did. y.o.u .see, ;iny sign of any light 'when you came out of the building that night?'"—"l think I made a statement to the detective that I didn't know whether the charging plant was on or not." "Did you smell anything like benzine being sprayed in the air?" —"No." '"Anil apart from a burglar, you cannot suggest anyone who would have designs on destroying the premises of Birkett and Sons'?" —"That is so." "Yet we have definite evidence that thero were no signs of burglary1?" — "AVcll, that is what you say. The tools ■were missing." AVitness said that eighteen secondhand cars had been brought into the garage from other premises two or three days before, the fire, but on the day of the fire some had been sent back again. "While they were in these other premises' they were not covered '.by insurance?" —"No." » "And as soon as they were in the garage they became covered?" —"Yes." Questioned regarding the dealing with finance corporations and insurance companies, witness said he thought they were quite proper. About 75 per cent, of tho businesses in New Zealand were carrying on in the same way. "I WON'T ANSWER." "Aro there other cases apart from those investigated by Mr. Johnston in which the same fraudulent practice is carried out?"—"I won't answer that question. Why should I tell you?" Tho Coroner: "You must answer that question." The witness: "I don't know. I'm not going to commit myself." Mr. Watson: , "You admit responsi-' bility for false' statements to tho finance corporation?"—"l made these false statements as the necessity of the individual case warranted it. It was purely a matter of convenience." "Did Mr. Birkett know. what you were doing?"—"ln some cases he did." "Did he approve of it?"—" Well, ho didn't remonstrate." In answer to further questions, wit-

ness said that when the false statements were made in the proposals to tho insurance companies they were made under his instructions. "Do you to-day seek to justify it? ."The onus is on the insurance company, I maintain. They wanted a big premium, and they got it." Mr. AVatson repeated the question, and tho witness replied: "In the light of these proceedings, I don't." A QUESTION OF FLUENCY. Witness was pressed about the system of bookkeeping in regard to the second-hand cars, and one of his answers drew forth from Mr. Watson the comment, "You're very fluent in tho box, Mr. Turnbull." Witness: "I'vo got nothing on you." Referring to the agreement ■ between Birkett and Sons, Ltd., and the new company, witness said that the new company was to be formed with a capital of £10,000, made up of 10,000 £1 shares, Birkett and Sons receiving 5000 fully paid shares. For this they wore to give up the whole of their assets, including goodwill, stock in trade, and the Singer car agency. Birkett was to be employed as the managing rtirrcTo another question from Mr. Watson, witness replied, "You're only trying to twist me on that." Mr. AVatson: "Maybe I am trying to twist you, but it's a subject you're no doubt "familiar with." Mr. Watson: "Is it a fact that m the mouth of the fire Birkett and Sons defaulted to tho finance company in the matter of their monthly payment? —"Yes. It was about £125, but it has since, been paid." Mr. Mazengarb: "AVas that due to other customers defaulting to Birketts?" —"Yes.". PROFIT AND LOSS. The Coroner: "Will you state from the ledger.what your profit or loss has been .from. Ist September, 1930, to 28th February, 1931?"—"Tho net loss was £706 5s 5d." Tho Coroner: "AVhat about the period" ending 31st August, 1930?"—" The net profit was £2651 7s 9d. That is, from Ist November,--1929, to 31st August, 1930." Eeealled by Mr. AVatson, Superintendent Creeke'of the Fire Brigade said that the small door in the centre of the main doors was kicked in by him when he arrived. There was not the slightest evidence of burglary. .All tho doors and windows were secure when ho arrived. Richard' Alexander Snelgrove, recalled, said that he had got some benzine from the petrol pump on the AVeduesday night. " On that morning benzine had been drawn for tho truck. There seemed to bo no trouble about the petrol pump'j which functioned. Ho remembered an incident which placed the date o±\ tho pump running dry about nine days after the fire. He was constantly about tho garage on the two days after the fire, and he saw no -one syphoning benzine. One of tho first tilings he noticed'when ho went to the garage on the Tuesday morning after the fire were the caps off the benzine tanks. . /