FLAXMILL FIRE CASE.

Manawatu Herald, Volume XXXVIII, Issue 1579, 20 July 1916, Page 4

FLAXMILL FIRE CASE.

SPEIRS V. WALL. At the Supreme Court, Palmerston North, on Monday morning, before Mr Justice Edwards, the hearing was continued of the case in which C. H. Speirs claimed from P. F. Wall £14,000 for damages alleged to have been caused to flax, etc., by lire spreading from defendant’s property on to plaintiff’s land at Shannon. Mr C. P. Skerrett, K.C., with Mr H. R. Cooper, appeared for plaintiff, and Sir John Findlay, K.C., with Mr A. Dunn, for the defendant. Cross-examined by Sir John Findlay, W. Everleigh said that from 25th February to lllh March he saw no fires on Seifert’s land. Owing 1o the gr.een bush between where he was and Seifert’s place, lie could not tell what was going on at Seifert’s place.

To Mr Skerrett witness said the recent wet weather had practically killed the young (lax on plaintiff’s land. Not a quarter of the flax would grow again, and then it would be eight or nine years before il could be cut.

A. Young, swamp manager for A. and L. Seifert Co., called by Mr Skerrett, said that on 22nd Februaiw he was trying to prevent the fire spreading into Seifert’s flax, but it got in about 5 p.m. on the 23rd. They then burned a “fly line” to keei> back the fire, and men were left that night, to watch the fire. On the evening of the 24th the lire on Seifert’s was safe and there was no fear of it spreading if a man watched the burning roots and kept, them smothered or kept back by water. From the 24th February to 7th March fires could he seen burning on Wall’s place. He was sure that when he left the lire on Seifert’s place on 7th March it was absolutely safe. Witness detailed the steps taken for watching the fire during the few succeeding days, slating that ho only charged ordinary time, while if he Had been actually firefighting he could have charged a. higher rate. On the afternoon of the 11th March wil»ess and others were ordered out and noticed tire in ordered out and noticed fire in AVall’s place. There was then no fire between Seifert’s place and the Tokoraaru stream, except the lire that had come from Wall's place. They were lighting (he lire that afternoon that had come on to Seifert’s place, about a dozen men being so engaged. On the following day (Sunday) witness and about 50 others were fighting the fire from 12.30 p.m. to 0 o'clock at night. On the following Thursday, March Kith, lire came from AVall’s direction on to Seifert’s place. For several days before the time of Speirs’ lire (.here was always (ire on Wall’s property, on which standing trees —often a. dozen at a time —-wore blazing. Cross-examined by Sir John Findlay: There was no necessity to consider the question of the lire spreading to Wall's property as it could no t get there. On .March 10th the fire had got seven chains on AVall’s side of Hassett’s drain, thus being twelve chains from where it should have slopped. If the fire had reached 13 chains from AVall’s boundary, and witness had not reported it, he would have been guilty of negligence. Fires were burning on Seifert’s place from 21s( February until .after Speirs’ fire. Considcring the trees that were burning, it Avas wonderful that Speirs’ place did not catch fire sooner than it did. The tire on Wall’s place avus burning towards Speirs’ from February 21st until March 11th. The next witness called was J. Scott, a llaxworker employed on Seifert’s land, who slated that on the evening of March Kith the lire was burning against the wind, but was nearly all out. On the next day witness, and 35 others, were chipping the growth lug ween the fence and the drain to prevent the lire spreading. The tire came from Willi’s place. It was impossible for the fire on Wall’s and Speirs’ place lo have spread from the Jlassett drain tire. On the night of Monday, 13th March, witness came across country from the drain to the Tokomaru, and there was no fire there then. On the Tuesday the fire laid crossed about 12 chains inlo Seifert’s place from the corner near the drain. Witness stationed men there, and built a, dam in the creek to get; water. On the Wednesday witness could not see any connection between the Has,sett’s drain fire and the tire that crossed over on Tuesday. On the Wednesday night he found fire between the blind creek and Wall's fence, examined if, and found it avus safe.

To Sir John Findlay; it was on the Tuesday that the tire crossed Hassett’s drain. There were a good many places burning between the blind creek and Hassell's drain on the Thursday night. Maxwell McDonald, llax paddocker at Seifert’s place, was the next witness. He stated that on March 11th he was engaged in lire lighting, starting at live o’clock in the evening. He was engaged chipping a .line to keep the lire back from Seifert’s. He saw lire on Wall’s and Speirs’ swamp. Hassett’s drain lire did not go to the west, but the lire from Wall’s joined Hassett’s drain lire on the Friday, and on that and the next day burned fiercely. Cross-examined by Bir John Findlay; He first saw the fire at a quarter to six p.m.. on 11th March, und did not know what happened before then.

1 o Mi fekerrett; Hassett’s drain lire did not work over to Walks property.

Witness AlcDonald, further examined by Mr Skerrett, said that on Thursday, Kith Mar’ch, some of the trees caught fire between Hassett’s drain and the blind creek, and they were burning until the following Sunday. To Sir John Findlay: He did not know how the fire got over Ilasselt’s drain towards Wall’s boundary, nor did he know what part was burnt on Wall’s side of Hassett’s drain. The material between Wall’s boundary and Hassett’s drain was very dry, and would easily burn.

To Mr Skerrett: The fire he saw came from the direction of Wall’s place.

Charles Nelson, flaxhand, employed by Messrs Seifert, was the next witness. He said that when he went with others to put out the tire, Edgar said it came from Seifert’s, and witness replied, “What rot! There is no fire in Seifert’s 3 it couldn’t, come from there.” About four o’clock on the Saturday lie heard flax crackling, but could not say if it was Speirs’ or Wall’s flax. He saw tall trees on Wall’s place hurn-

Cross-examined by Sir John Findlay: He was paid 3s per hour for night work in fighting the fire. [The continuation of the hearing will be found on page 3.]