INSURANCE CLAIM.

Press, Volume LXVI, Issue 19917, 2 May 1930, Page 18

INSURANCE CLAIM.

CASE IN TIMARU. CLOSE CROSS-EXAMINATION. The case in which George Herbert Nicholas and Beginald Barnett, trading as Nicholas and Company, claimed £1169 9s Id, alleged as loss sustained by a fire in Timaru on July 29th, 1929, from the New Zealand insurance Company, was continued in the Supreme Court yesterday, his Honour Mr Justice Adams presiding. Nicholas, the plaintiff, had spent over five hours in the witness box, by late yesterday afternoon, having been examined by Mr W. D. Campbell, counsel for the plaintiffs, and cross-examined by Mr 0. S. Thomas, who appeared for the defence. Prior to commencing his cross-examin-ation yesterday morning, Mr Thomas secured from Nicholas a sample of his writing, on a list of tractor parts. To Mr Thomas, witness denied that the writing on the list was his. Mr Thomas: Mr Cooper and Mr Smith will state that you made markings in their presence. —I don't know. Evidence Continued. Mr Thomas: Tou quite understand what perjury means?— Yes. Mr Thomas: You still mean that it is not your writing?— Yes. Mr Thomas: Did you not say that you saw Calvert, your indoor manager, mark "H.P." and "P" (Hart-Parr and Peterborough tractors) on the list? — Yes. Mr Thomas: Officially, you did nothing, but you answered an occasional question about some parts. Is that the position?— Yes. Mr Thomas: Have you seen Mr Calvert since last night?— Yes. Mr Thomas: Did you discuss those "H.P." and "P" markings with him?Yes. Mr Thomas: Did not Calvert say to you that you and he had made the markings together?—He said that I did not do the writing. Mr Thomas: Did he not say that the two of you had done it together?— No. I don't think so. Mr Thomas: I suggest to you that your evidence this morning is not the same as it was last night because you have found that Calvert will not support you. Is that so? —No. Mr Thomas: Why did you stand by and allow Peterborough goods to be marked as Hart-Parr upon which you alleged a claim?—l did not know what the motive was. Nor did I know then that the Peterborough parts were not covered. His Honour: Your policy did not cover Peterborough. Witness: We had no Hart-Parr spares in stock then. The bulk was Peterborough. Mr Thomas: Who priced the tractor parts?—Mr Calvert. Mr Thomas: Is that true?—l may have helped him, but he did the greater part of the pricing. It was solely Calvert's job inside. Mr Thomas: Do you know why there should be a rise of from 2s 6d to 12s 6d for acid cases?— No. Mr Thomas: Did you disclose all your undamaged stock to the adjusters?— It would have been shown to them had they asked for it. After Mr Thomas had asked several other questions his Honour remarked to the* witness that his continual lapses of memory when asked to reply to important question were unfortunate. Mr Thomas: Were there not fourteen out of sixteen dome-lights saved? —I don't know. Mr Thomas: Why was not credit given for them?—l can't say. But there was no reason to hide them. Mr Thomas: Did you check over the increases which Calvert had put into the stock sheets?—l did not know that there were any increases. Mr Thomas: But don't the increases surprise you? —I can't understand them. Beginald Barnett, one of the plaintiffs, said that he was manager of the Timaru branch of Andrews and Beaven, Ltd. He joined Nicholas in partnership in August, 1926, and retired in 1929. There was no tractor branch connected with the branch at that time. After the arrival of Calvert he did not have anything to do with the stock in the ordinary way. Witness and Calvert started to take stock of merchandise and tractor spares in July of last year. Stock-taking of the merchandise had been practically completed when fire occurred. The work of marking the stock book was done by Calvert, and the figuring in the stock book was not completed until 8 o'clock, on the night preceding the fire. The tractor parts had not been touched at that time. As far as he knew, the goods mentioned in the stock book were on the premises when the fire occurred. | When parts were required for repair work they would be drawn from the firm's stock, and if none was available they would be secured on consignment. The stock consisted of bearings, castings, and shafts, and they included a small percentage of second-hand ,parts. i The parts in stock were chiefly Peter--1 borough, but there were a few HartParr parts. He knew that a polioy had been taken out over the stock, but had never seen it. At this stage, Mr Campbell said that if the arbitrator had been astute enough he might have disputed everything. Why Be Bode. Mr Thomas: Is there any need for my friend to be rude? He can crossexamine later. 'Mr Campbell: The word "astute" is not rude. Mr Thomas: Not the word, perhaps, but your tone. Mr Campbell: My tone is not really aB rude as the allegations that are being hurled against my clients. To Mr Thomas, Barnett said that the 1928 stock sheets were drawn. up by Calvert, assisted by witness. At this stage the Court adjourned until this morning.

Eodrigo De Heretz, the man who Spaniards maintain beat Sir Walter Ealeigh to the first pipeload of tobacco, is shortly to be honoured with a memorial tablet affixed to the house in which he lived in Argamonte. Eodrigo was denounced by his wife ,to the Inquisition as a sorcerer. She declared her husband a man who "swallows fire, exhales smoke, and is surely possessed of the devil." Eodrigo spent seventeen years in prison on the charge. He is said to have learned of tobacco while accompanying Columbus to the New World. German engineers are examining thq possibilities of a scheme for draining the southern part of the North Sea, and joining together, by an area of new territory about 115,000 square miles in extent, England, Belgium, Holland, Germany, and Denmark. It ia predicted that mines will be found in abundance, especially coal, beneath the reclaimed area, and that there might even be oil fields, while the wealth to be found in sunken ships would be enormous.