FLAX FIRE CASE.

Manawatu Herald, Volume XXXVIII, Issue 1562, 10 June 1916, Page 3

FLAX FIRE CASE.

SPEIRS v. WALL. The hearing was continued on Thursday in the Supreme Court. before Air Justice Edwards, of (he case in which 11. Speirs proceeded against P. P. Wall on a claim for £14.000 for damages alleged to have been sustained as the result, of a lire which swept plaintiff's properly, and which, he alleged, started on defendant's place. Mr ('. I’. Skerreti, K.C., and Mr H. R. Cooper, appeared for plaintiff, and Sir John Findlay, K.C., and Mr A. Dunn for the defendant. James M.aslen, manager for Seiferts, Ltd., gave evidence descriptive of how 1 he lire occurred. Edgar had passed a remark to witness that he would light in (wo hours "against the wind." This was mi Friday, March '-Pith. Smite of the llax hurnl would never recover. In one portion there might he a crop to cut in some eight years, ini I it would only be about halt a crop. To Sir Joint Findlay : The only tires lighted on Seifert's were on the 21st and 22nd February. He had lighted some lires in January, hut they had only lasted a day or so. He had fired smite semi) on January 121 h between Hume's place and Seifert's. There was a distance of about 45 chains from Wall’s boundary. Bat it was not intended to burn right up to the boundary. All that they were concerned with was (he clearing away of a piece of send). The hunt did not go in the direction of Wall's boundary. He was to hm’n on the side of Hazlitl s drain, but not on the other side. They took every precaution to see that their (tax was not burnt. The men were instructed to watch the lire night and day so as to prevent it getting into (lie llax. It was bis duty and tin* duly of the men to whom the task was assigned to see that the lire did not spread, hul he would not admit any negligence on the pari of the men if the lire did. spread, because it might he impossible to prevent it. He did not now bow the wind was blowing on the 7th, 8(-h and !hh of March. Consequently he could nol contradict any statement as to what direction the wind was blowing- on those days. On March 101 li, men were watching the scrub so as to see, that the lire did not start up again. If the wind was easterly on that day and’the lire started up ij would go in the direction of Walls and Speirs’. The lire they started on 21st February extended chains about from Ha/.lell',- drain. This did not imply negligence on the part of the men set to watch it, because it was due primarily to the wind carrying the lire in Ilia I direction, and also to the dryness id the scrub. The tire was there on the KMli March, "there" being some 7 chains over IlazliU's drain in the direction of Wall's place. He could not quite remember whether the wind was easterly mi the 10th of March. He granted that the wind had carried Hie fire in an easterly direction 7 chains on the Wall sido of Hazlelt's drain. Sir John Findlay : That is my point.

Witness, continuing. said that liis experience did not (each him that (ire went from tree-top to tree-top for several miles without, the undergrowth being touched. Inflammable “g-i-gi” (a llax substance) would not, in his opinion be carried more than ten chains by a wind, lie knew that tin* tree-lop did catch alight through contact with this Hying- "gi-gi.".(hi March 11th, at 1.30 p.m., he could not say whether there was any lire on Seifert’s land near Wall’s boundary. He did not remember seeing a burning matai tree on Seifert's, property on the afternoon of March 10th. Flax fluctuated in price. Before'the war he would even say that it was down to £ls a ton nearly for the seller.

At this stage the ease was adjourned until 10 a.rn. yesterday, and upon resuming :

William M’Creanor said he was cook at Jensen’s bush-felling camp from February 1711 1 till alter (he lire occurred at Shannon. His cam)) was about a chain from the Kingston road. The (ire slarled mi the right hand side of the cookhouse, although lit on both sides. This was on Friday, February 25th. The fire travelled to such an extent that the men were complimenting Mr Jackson on “what a lovely burn ho, had got.” Jensen’s men did not stop out an hour to slop the lire. All they had to stop the outbreak with were adzes and axes. They did not have a spade among them. There was also no water in the drain. Jensen’s men did not bother their heads about going out after tea. On several occasions (ires were lighted on Wall’s properly a tier (he 25th. In fact, it was a daily occurrence. He hud several talks about the danger of lire in the swamp with Jensen. To Sir John Findlay ; It was his opinion that the lire was not out on Seifert’s after February 251 h, but he was not there to see. Alfred Eveleigh, tramming contractor for the plaintiff for the delivery of green flax to the mill, said that Wall’s lires started on February 25th. Edgar said to him, “You laid better hurry up, because we are going to burn.” Witness replied, “Surely to God you’re not going-to burn to-day tf” It was blowing strongly at the time of the burn. At a previous conversation, Edgar had said that it was not owing to him that they were going to burn. When he °'ot into Seifert’s he saw a number of fires springing- up and helped to put out some of them. But they were springing up faster than he could put them out. He did not see any fires on the north side of Seifert’s creek. Later he went and told Speirs, who sent a message to

the mill Inr his mon to come onf and help stop the (ire. Speirs mid Edgar had ;i convorsat ion. mid ho liom’d .Speirs say In Edgar Hint ho hnd li(‘tl<>r send for his mon In a-sist in (ho suppression nf iho outbreak. Edgar Imd (nld Speir- Mini In' l mon ivoi’o nl hnnio. On .Mnroh 9lh, ho (witness) sniii In .lonson : “Hood Ood, nuin, wlml nro ymt doing. 1 Id you don't look nnl ynii will burn nni rim wlmlo country from lioro In Pahnorston." On Mnrcli 11th thorn wns n strong’ wind blowing, mid the tiro wns burning some four nr live chnins nn Speir.-’ sido of (ho bridge, lie did iml notice any trees nliglll. Ho snid in Edgar, “Von linvc boon (old about it niton enough. Now yon hfivo burnt the whole b swamp mil." Edgar said. “It didn't" come out nl’ Seifert's." He saw one day lire coining’ from Wall’s into Seifert's. He did nnl soo any nl Seifert's men ; he saw one man going away bin ho did not know who ho was. Someone had asked Edgar how many mon he would bring out In nssisl in keeping (ho fire within bounds, and Edgar replied ; “( }iM M 1 Clod ! Wo have enough men to cat it." Before (ho lire the .swamp would cut about 30 ions in the acre, bin now the swamp was mined. Down near Seifert's the swamp was practically wiped out. and ho would not. consider the idea of going down there for flax again.

To Sir John Findlay : Some of (he llax area might he worth keeping, lint he would wipe Seifert's end off (he slate. On a properly near by was a flourishing flax held. He knew that this was burnt out. some years ago. but be supposed that the country was of u different- nature to allow of the (lax growing again.

Witness, further cross-examined by Sir John Findlay, said that there was no (Ire, nor did he see any smoke whatever, in Seifert's land on March JOtli. He would swear that lie never saw smoke between February 27)111 and March I I.Hi coming in the direction of Hazlill’s drain to Wall's boundary, tic saw absolutely no lire. On Monday, February 28th, he nol iced lire in Hie green hush on Wall's land. Only a fool und a madman would adopt miderscriibbing of trees whilst the top.of a tree were alight. He had heard men under-scrubbing in the bush. The ease wus ut this stage adjourned until Monday morning.