Man Denies Setting Fire To Purple Cow Restaurant

Press, Volume C, Issue 29498, 27 April 1961, Page 5

Man Denies Setting Fire To Purple Cow Restaurant

Twenty-Mx of the 31 witnesses to be called in the case against Oavin Edgar William Kinsman, aged 32. a cook, <to three charges arising out of a fire ’■ that destroyed the Purple Cow Restaurant, in StanmoTe road ’early on February 23. had been heard to the Magistrate’s Court yesterday, when Kinsman was remanded until today. Kinsman has elected trial by jury on charges of wilfully setting fire to premises at 275-277 Stanmore road thereby committing arson; of attempting to obtain from the National Mutual Fire Insurance Company £966 14s by falsely representing that the shop belonged to him and that the contents valued at £2150 had been destroyed: and of making a false declaration on a claim against the insurance company that no other person had a legal or equitable interest in the property and that there was no other insurance policy covering the property. Kinsman is represented by Mr S. H. Wood, and the nro-

secutor is Senior-Sergeant G M. Cleary. Messrs R. H. Harris and N J. G. Speary. Justices of the Peace, are on the Bench.

Awakened by Fire Hazel Annie Falkingham. married, of 280 Stanmore road, said she was awakened about 1.30 am. by the sound of breaking glass, and she found the whole room was lit up by flames. Her place was almost opposite the Purple Cow Restaurant. When she reached the front gate the shop was well alight. Thomas William McKenzie Preston, a taxi-driver, said that as he was travelling down Stanmore road near the Swanns road intersection he saw smoke coming from a shop near the park. He put a radio call through to the office for the fire brigade, and while he was doing this the front of the shop blew out and the place burst into flames. The flames were bright and of a light colour. The witness said that he and another man looked in the shop to see if anyone was inside. They did not see anvone. Albert Devine, a taxidriver. said that at 12.59 a m. on February 23 he received a call to the restaurant. Kinsman, whom he knew, was standing in the doorway. He picked up a young man, and he assumed that Kinsman was coming too as he had driven them before. The young man told him Kinsman wtis going to stay. About 1.30 a.m. he was going n-otth along Stanmore road w-hen he saw smoke and flames coming from the restaurant. He informed the depot by radio and asked it to call the brigade. He also asked if the proprietor had been taken home. Brigade Officers Roy Desmond Stone, a station officer of the Christchurch Fire Brigade, said a

call to the restaurant was received at 133 aun. As he approached he could see flame and smoke half-way across Stanmore road. When the brigade arrived the building was totally involved, and he sent a radio message back to headquarters. Two leads of hose were run out and a third lead was used when the second engine arrived. it took three or four minutes to get the Are under control. The door on the south side of the building was ajar. After the fire was subdued, the witness said, he tarried out an irfspection and found there was not a great deal of combustible material inside. His attention was drawn to the smell of gas. Mr Wood objected to the evidence given by Stone as to his opinion of the nature ot the fire. The fourth officer of the Christchurch Fire Station, George Joseph Thompson, said he was in charge of the «econd engine which went to the fire. He made inquiries to see if there was any person in the building.

When the fire was extinguished. the witness said, he detected the smell of gas He found a gas meter and gave instructions that a radio' message be sent to headquarters asking for the gas maintenance person to attend. The cash box was missing from the meter. Thompson then gave evidence as to his opinion of the nature of the fire and an objection was made by Mi Wood, who also requested that his evidence and that of Station Officer Stone be not published. This was granted by the Justices. Detective Eric Albert Stevens said that on February 23 he was in charge of a C. 1.8. night patrol. About 1.50 a.m. he made a brief examination of the premises of the restaurant and then continued his patrol. At 2.50 am. he received instructions by radio to go to the premises again, and after an investigation he reported about suspicious circumstances in the outbreak. Coin Box “Empty” There should have been about £ll in shillings in the gas meter coin box, said Kenneth Richard Knight, a complaints serviceman of the Christchurch Gas Company, Ltd. The coin box was found among the debris, and the hasp which held the lock was undamaged. The box was empty. William John Taylor, inspecting officer at the Christchurch Fire Brigade, said he examined the restaurant premises at 8.30 ajn. on February 23. He considered the fire started in the south side of the shop on the floor near the counter. In his opinion, the south door was open at the time because of the extent of the burning on the street side. Publication of the witness’s evidence as to the

cause of the fire was forbidden by the Justices. About 10 aun. on the day after the fire he saw the accused in front of the fire station with the DeputyChief Fire Officer, said Taylor. He gave his surname a* Cook, and he thought that his Christian name was given as Reginald. When the accused called at the station he gave the impression that the first he knew of the fire was when he went to work that morning. Cook said he had left the premises at 1.15 a.m.,' and the call was received by the brigade at 1.33 a.m. To Mr Wood, the witness said the accused did not complain to him about not being informed about the fire, but said that he had already done so to the Deputy-Chief Fire Officer. Insurance of Building

Gladys Evelyn West, a widow, said she owned the premises at 275-277 Stanmore road, and the building had been insured with the Alliance Insurance Company for £1250. Ronald Forrest Langford, a clerk, said the premises in Stanmore road were let to the accused for use as a milk bar and restaurant at a weekly rental of £4. The tenancy commenced on December 12. The first cheque tor rent was returned by the bank. The second cheque foi rent was made out for £lB and was received on February 7. This was also returned unpaid from the bank. The matter was then placed in the hands of his firm’s solicitors. ,

Preston Thomas Battersby, an estate clerk, identified the accused as the tenant of the premises in Stanmore road. When the cheque for rent was returned by the bank he saw the accused three times. On the first occasion he said he would be down to the office within 20 minutes with the money, but he did not arrive. On February 24 he served a summons on the accused. Thomas David Curtis Chilvers, employed by the National Mutual Fire Insurance Company as a clerk, said the accused was known to him as Cook. He approached him early in February about fire insurance. He said he was proprietor of the Purple Cow Restaurant and Milk Bar. Proposals for insurance of contents to the value of £2150 was filled in in the name of Edgar William Cook, for a public risk limited indemnity of £5OOO, for burglary for £BBO, and for loss of profit for £BO5O, and for most of the plateglass windows. He also filled in a policy for household goods of his parents and himself at 353 Gloucester street.

The day after the fire the accused, who gave the name of Cook, called on him and said: “She’s gone,” said James Allan Whitney, a National Mutual Fire Insurance Company service officer. He took this to mean that the premises had caught fire. The witness said he understood that the premises were a total loss. Claim forms were completed and he informed the assessors.

Clarence William Oliver, a Justice of the Peace, said he signed declaration forms for a man who gave the name of Edgar Cook. He could not identify the accused as that person. Call For Taxi Hartley John Hammett, a night shift telephone operator employed by Gold Band Taxis, said at 1.10 a.m. on February 23 he received a call from a man who said: “Purple Cow here.” He asked why cab number 12 would not take him. Before this cab 12 had checked in from the Wigram district. He told the person on the telephone that it could not be cab, 12. and the reply was: “Do you take me for a fool?” He decided to check in case he had made a mistake, and he located the taxi and was given certain information. The witness said he had known the accused for about seven years, and the voice on the telephone sounded very like his. Driver of cab number 50 in the Gold Band fleet, William Thomas O’Loughlin, said that at 8.20 p.m. on February 22 he went to the Purple Cow Restaurant and Kinsman got into the taxi carrying a bundle. He took him to 488 Gloucester street. He returned a few minutes later without the bundle. O’Louglhlin gave evidence of another trip with Kinsman when he had a number of gramophone records with him. He paid off the taxi in Cashel street, said the witness.

Leslie Wilkinson, principal scientific officer at the Dominion Laboratory of the Department of Scientific and Industrial Research in Christchurch, said he went with Detective-Sergeant F. G. Pine and Detective E. T. Mitten to the restaurant. There was no evidence of arson by the use of inflammable liquids. However, the severity of the fire was such that if arson had been committed the physical evidence would have been destroyed. The witness said that Detective Mitten picked up a four-gallon can tn the yard, and by the appearance of the vegetation underneath it had been there for only a short time. He received from Detective Mitten a number of articles including a can. This contained a small quantity of liquid which was similar to white spirit. To Mr Wood Wilkinson said he was not an expert on plants and vegetation. Helper at Restaurant Edwin James Mitchell, a driver, said he knew the accused as Gavin Cook and had first met him in November. He used to help the accused in the restaurant, but was not paid for his work. The restaurant was only busy occasionally during the week. The takings were about £6 a day, and they rose to about

£lO a day during the weekend. The general part of the shop was kept clean, but the storeroom and kitchen were not so tidy. The accused kept personal clothing in the storeroom up to about a week before the fire. On the Tuesday night before the fire articles were taken out of the display window, said Mitchell. Kinsman said he was going to send them to England and took them home in a taxi. On the evening of February 22 he went to the storeroom, and he noticed that it was very tidy, the witness said. He heard the accused talking in the shop. Reference was made to insurance, and the accused told a girl that if she was ever hurt she could come to him and he would say that it happened while she was on his premises and she w’ould get insurance. That evening there were only eight table cloths in the premises, but there were normally 16, said the witness. He could find only one tea towel. There was not much stock, and it was less than normal. The accused took all the gramophone records away except four. Later he was shown articles by Detective Mitten which he had last seen in the restaurant The accused used to give him free meals and cigarettes. Alastair James Broad, a boilermaker, said he formerly lived at 488 Gloucester street. He knew the accused as Cook, and had gone to see him about renting a flat The accused showed him some Insurance policies and told a friend of his that if she was ever hurt to come and see him and he could get her £ 10 a week insurance. After going to inspect the flat in Gloucester street he agreed to take it. Broad said. When they were on their way back the accused said: “I’m going to put a match to the place.” He did not believe him. Visit Before Fire About 9 p.m. on February 22 the accused came to the flat and stayed about an hour. He had a package with him. Kinsman said: “Tonight’s the night.” The witness said he asked him how he was going to do it, and he replied: “With a tin of stuff I’ve got at my house.” The day after the fire the accused came to 488 Gloucester street, and the witness asked him if he bad “put a match to the place.” and he did not deny it The following Saturday the accused told him that he intended to collect the insurance on the Wednesday. The witness said he knew that the accused had used white spirit. The accused told him that he had thrown a box of matches in and then had “taken oft" across the park. He told him that he was in debt for about £9OO to £l3OO. The accused did not seem unduly concerned after the fire. Earlier he had shown him how easy it was to break into the place. The accused told him he was going to pour white spirit between the wall and the ceiling and let it trickle down between the wall, said Robin David Pearce, a mechanic. He thought he was joking.