CHARGE OF ARSON

Otago Witness, Issue 4029, 2 June 1931, Page 66

CHARGE OF ARSON

BIRKETT’S GARAGE FIRE STATEMENT BY THE ACCUSED. WELLINGTON, May 27. Hilton Herbert Broods, aged 25, a labourer, was charged to-day before Mr J. L. Hewitt, S.M., with wilfully setting fire to Birkett and Son’s garage in Thorndon quay on April 20. Formal evidence, similar to that at the recent magisterial inquiry into the cause of the fire, was given by Edward Percival Lambert and Superintendent Creeke of the fire brigade. Richard Andrew Evans, an accountant employed by Van Staveren Bros., who is acting as trustee of the Lionel Caselberg estate, said the building was insured for £6OO, and was damaged to the extent of £685. He had no record of the accused having any interest in the building. Nancy F. Lambert gave evidence of seeing a man who appeared to jump out of a hole in a window of the garage ■and enter a ' car which was waiting nearby. She described how her father followed this car in his own, and described the car as a coupe either green or blue in colour—she was not sure which. Edwin Thomas Skews, who, prior to the fire, was foreman mechanic at the garage, said there w-as a Durant coupe in the garage. It was used by everybody, but mostly by Mr Turnbull, the secretary. It was dark green in colour. Witness believed that Mr Turnbull had said something in conversation that day about having to see Brooks after he had had tea. Mr Turnbull left the garage at 7 p.m. for the purpose of having tea, and witness understood that the appointment was for some time later in the evening. Mr Turnbull did not say where or at what time he had to see Brooks. Richard Alexander Snelgrove, adjuster for three insurance companies, said he made an examination after the fire. He gave evidence that certain cars were considerably. over-insured. Percival M'Leod, professional adjuster for the Hartford Assurance Company, gave details of the insurance of a truck sold to Brooks. He described a visit to Longbush where the truck had been damaged by fire. The company paid out £B7. Later he learned that the truck had been insured with another company. Arthur Henry Clark, manager of the Insurance Office of Australia, said that insurance on this truck for £3OO had been taken out in his Auckland office. He did not know who paid the premiums. No claim had been made.

Stanley Maurice Jepson, motor mechanic, remembered Brooks bringing

a truck in on April 20. Turnbull had ~ r ?u overtime to the mechanics to push all the cars into the garage before leaving. Witness identified the spare parts and tools as the property. of 'Birketts/Detective William M’Lennan said that he had seen Brooks at the detective office about a month after the fire. Brooks denied having started the fire. Witness told Brooks that he had had a letter saythat he and Turnbull had set fire to the place .and that Brooks had stolen some tools and spare parts. The accused said:’ Yes, I did it. Turnbull, the secretary, was with me and held the door open for me to get out.” Brooks had then made a statement in which he gave particulars of his actions on the night of the fire. Some days later Brooks made a longer and more complete statement. Detective M'Lennan read both these statements. In the second statement Brooks gave details of having bought the truck from Birketts for £333' under the hire purchase system. Birkett got an advance of £239 on the sale from the Commercial Investment Trust Company, Christchurch. In February the truck took fire in a paddock through faulty wiring. He was told that it was insured for £3OO. Birkett told him he would have a cheap cab put on and would claim for a first-class job from the insurance company. Afterwards he fould that the body builders had built the cab of motor car casing. He had trouble with the engine and on April. 20 took the truck to Birkett’s garage. It was a Chevrolet truck to do some carrying. Brooks had tea with Turnbull that night , and Turnbull invited him to go back to his office for a “spot.” The accused’s statement continued that they went back and Turnbull produced three beer. They each had some and Turnbull told him that the old manmeaning Birkett —was away, and that he (Turnbull) was the hardest worked man in Wellington. _ Brooks asked him if he would give him a statement outlining the deal in connection with his truck showing what was paid and what was owing. Turnbull said that it was around £l5O as far as he knew, and added that it was a pity the truck had not burned altogether when it had taken fire. Turnbull had then said that through work he had to do he would like to have a d good fire and get away for a holiday. He kept on talking fire, saying that he would burn the place down. He said, “in fact, Brooks, I have a d good mind to let it go to-night.” Turnbull suggested how easy it ivas to set the place on fire. He said that business had Keen so hard for some time that a good fire like the Dominion Motors would relieve the tension. After some talk of the money Turnbull had put into various cars and about trucks Turnbull said he was going to set the place on fire that night and that if Brooks.wanted a truck at £3OO to say. so. Brooks told him the truck was not suitable for his class of work. Turnbull then said, “We will have a d good burn.” - The accused’s statement continued: “He then said to me: ‘The two-of us will let the place,go,' meaning set it on fire. ‘lf we . two' can’t make a job,of this we are mugs.’” He said he would light the fire, and told Brooks if he wanted any spare parts to take them. Turnbull opened the store room with a key and went out to Karori to get his car, a Durant coupe. He arrived back shortly after. Three young men with, a disabled car -wanting assistance had left. The Durant was of a dark green colour. Brooks had a Chevrolet van in the garage with spare parts in it, and after TurnbuH had offered him some tyres which he had refused he put the Chevrolet van outside and later drove it about 200 yards away. He went with Turnbull to the office and sat there until late in the evening. Before they went up he saw Turnbull empty two tins of benzine along the garage floor. “ I had the wind up then, and I said to Turnbull I had better get out.” The statement continued: “ He said it was all right, and not to go. I waited, and we went downstairs about 11.30 p.m., and it was then agreed between us that we would set the place on fire. When we got to the bottom of the ramp Turnbull said to me to have a look out and see if there was anybody about. . I opened the trapdoor and looked up and down the street, and told Turnbull there was no person about, and he asked me to keep the ’door open ready for him to get out. I then stood at the door, keeping watch, and Turnbull went to the .two closed doors of the workshop and set the garage on fire. An explosion then occurred, and I was blown up against the ramp. Turnbull and I then left the garage together, and got into his car and drove away.” , Continuing, Brooks said he picked up his van and went home, and told his mother that the garage was on fire, and that he had set fire to it with Turnbull. Next day Turnbull said he was too busy to see Brooks. About a week after the van was taken by Birkett. He could not get the van back. ■ Turnbull explained to him that Birkett did not know' anything about- the arrangement. and would not allow the van out. On this occasion he and Turnbull had a drink together, arid Turnbull told them the fire had been a of a job, and that he felt like kicking himself and Brooks for not making a better job of it. Although he had had a few drinks bn the night of the fife, he was not drunk, and knew everything that happened, All that he had got for' his share in the action were the spare parts and the tools. Turnbull had assured him that, he would see he did not lose by it, and that he would see he was all right. All the tools and the spare parts except the jack and the battery had been recovered from Brooks, said Detective M'Lennan.. ; Brooks told him that he was pleading guilty’to the charge, and wanted to give them every assistance in clearing the bueinese up. Mr M'Carthy (for Brooks) said that he desired to plead not guilty, and the accused was committed to the Supreme Court for trial. Bail was renewed in £5OO, with a surety of £5OO. .