CAUSE OF FIRE

New Zealand Herald, Volume LXIX, Issue 21346, 22 November 1932, Page 12

CAUSE OF FIRE

VERDICT AT INQUIRY

COMMENTS BY CORONER

'POLICE OFFICIAL CRITICISED

INSURANCE AND THE LAW

[by telegraph—own correspondent]

MARTON, Monday

Tho district coroner, Mr. F. C. Wilson, ;*vho held an inquiry into the cause of a fire in the dwelling of Mr. G. T. Avery, Follett Street, Marton, on September 30, gave his verdict in the Marton Court this morning. Ho found that the firo was wilfully caused. "As this is the first inquest on the iause of a fire that has taken place here within a number of years," said tho coroTipr, "and there have been few in Zealand; because 1 am aware that such inquiries will in future bo much more frequent in the Dominion; and further, because there has been grievous delay in holding this inquiry, I think it advisable and proper before commenting on tho evidence in tlie present case to remark upon tho reason (or unreason) for tho delay.

Summons to Commissioner "I -waited patiently (or impatiently) for some time, with no result. Then,

after persistent inquiry, I found that a report I "wanted" was in the hands of the Commissioner of Police. I then appointed a day for,the inquiry and issued a summons for the commissioner to attend and produce tlie report. Within &n hour or so after lodging the summons for service I asked to withdraw tho summons. I assented on the understanding that the matter would proceed without further delay. Within a day I received the report. Bince then there has not been unavoidable delay. v lf the Commissioner of Police had not taken upon himself to assume the duties of coroner, and tlie matter had been left in the hands of the local police officers, this inquest would have'been held five or six iweeks ago, and Mr. and Mrs. Avery would have been saved much discomfort and expense. One of the privileges of the police is to assist people whenever they can. In the present instance, owing to want of knowledge or blundering on the part of the commissioner, the department has been a hindrance "and • an annoyance. I regret it exceedingly and trust nothing similar will again occur.

"It is now necessary to find, if possible, the cause of the fire. It was not. from the kitchen range, nor the electric iron, nor from' kerosene or benzine, nor from combustible material in the linenpress. These facts leave only the conclusion that the fire was caused by direct Jiuman agency alone. In conclusion, together with the fact that the only person in the house that afternoon before the peenrrance of the fire was Mrs. Avery, compels me to, say that the fire was designedly and wilfully caused by Mrs. [Avery. . . _ Insurance of Properties "I have thought a good deal as to "whether a coroner ought to attempt to seek a motive for such an act as is the subject of this inquiry, and I have concluded that, though evidence as to " motive may be tendered and accepted, a 'decision by the- coroner on the matter is beyond the scope of the inquiry. Nevertheless, in the course of the evidence tendered in this case, a good deal has been raid with reference to 'financial difficulties/ valuation of properties and 'over insurance.' "It is on this last subject that I think (observation desirable. It has been suggested that Mrs. Avery may have been to some extent tempted by 'over insurance' of the properties. Evidence goes to show to some extent that such properties were insured, but it should be borne in mind that the values were not only not of Mrs. Avery's proposal, but had been standing for years, and that if such over-values were an inducement to Mrs. 'Avery's unfortunate act, then the insurance company, having long accepted such values without check or question encouraged, if it did not connive at, Mrs. [Avery's action.

Verdict and Riders

"The practice of insurance companies (accepting whatever value is named in a proposal, together with tho premium, of course, and then rejecting such _ value because of some condition not disclosed until some time after, is a close cousin to obtaining money by a false pretence a3 well as being a temptation to crime, but it is supported by the law, which is equally reprehensible." The verdict; was that the fire was 'designedly and ■wilfully caused and /originated by Mrs. Myra Beatrice Avery, cf Marton, who, by some undisclosed means, ignited inflammable material contained ill- a linenpress. The coroner added the following riders: —(1) That the Commissioner of Police at once issue orders to police officers to observe the same proceduie as far as applicable in the case of fires as in cases of sudden death. (2) That, in yiew of .possible temptation to persons ■whose property may be over-insured to tommit the crime of arson or incendiarism, it is desirable that legislation be passed as soon as practicable to render insurance companies undisputably liable to pay tHe assured the full amount accepted 5n a proposal for insurance in the case of complete destruction, or in the case of partial destruction, such proportion of mch assured as shall be determined by prbitration in the usual way.