INQUEST.

Temuka Leader, Issue 379, 26 April 1881, Page 2

INQUEST.

On Saturday morning last an enquiry was held in the Court-house, before J* Nugent Wood Esq, Coroner, and a jury, in reference to the burning of two stacks of oats at Newlands, Orari, during the night of the 12th instant, the property of Richard Hornbrook, junr. Inspector Ponder conducted the enquiry.

The following jurors were empanelled: —Messrs C. J. Rayner, Burrows, Me* Sheeby Gentleman, Coira, Essery, Mason Gray, Lee, Thomson, Wills, R. A. Barkef, Wareing, and Mendel'?on. Mr Mendelsoh was chosen forman.

The Coroner, having addressed the jurjf on the case the following evidence was adduced :

Anthony Francis deposed : I am a groom in the employ of Mr Gamack, at Newlands, Orari, about 9 miles from Ternuka. Enw the three stacks on tI.Q morning of the fire, they belonged to Mr Hornbrook. They were in paddock of Mr Gamack’s, at the side of the road* The Hornbrooks had cropped 94 acres. It s v >hs a light crop of pats. Abotit 30 acres at the top, of the paddock were not cut, the crop being very light. I think the stacks came off about 50, acres. About eight acres they made into, hay. The tracing produced shows the position of the road, and the stacks, X think that

the stacks were about 10ft apart from each other. Qn the 11th inst I saw the stacks were right. Nothing attracted my attention as I passed by them on that day to, go to Temuka. I re-passed them about 8 o’clock the; same, night, there <vas no appearance of fire then. On the following day I went to the spot with Mr Gamack. One stack; had V.°en burnt and the other was burning f er y finely- The third stack was ; alright, fffid therj. was not a sign of fire in it. The farm was on an open plain, and with the exception of Mr Grainack’s house there is not another one within 2£ miles. Neither Mr Gamack or myself saw any sign that could account for the fire. I examined the remaining stack at the request of Mr Gamack. It was a little damp, growing towards the south and a little warm. It had been raining about a week before. I only threw down a bit to show Mr GamacK. I pushed my arm in for this as far as 1 could. The other side of the stack was dry. There was not much wind at the time, and blowing away from the stack that was saved. There was no appearance around the saved stack of any thing leading one to suspect anything. As I went home on the Monday night I saw the two brothers Hornbrook at the corner of a paddock near SodjTown, about 8 miles from the stacks. They said they were going shooting. This was between six and seven o’clock, and just getting dark. They had two guns with them. I don’t remember being present when anything was said between Mr Gamack and the Hornbrooks about threshing out or removing the stacks, lam no judge of grain, but the crop had a good many thistles and other weeds in it and it was cut late. The people said that it was cut in a very loose way. By the foreman ; The stacks were not of an even size. As far as I can remember the largest were burnt. By Inspector Pender: The youngest Hornbrook was on horseback.

By a juror ; There were no tramps called at Mr Gamack’s, but I saw some men on the Monday who said they were going to Parks’ lagoon. I don’t know the distance to the lagoon.

Sergeant Gnrlyon, in charge of the police station, at Temuka deposed : On Tuesday, the 15th instant at 2 p.tri. Mr Job Brown reported to me at the station that Hornbrook’s stacks on Mr Garnack’s place at Orari, had been burnt. I asked him if they were insured. He said they were, in his office and in his name, and that Hornbrook owed him about £6O and if I went down to the store he would name the exact amount. I asked him the amount of*, insurance and ho said £IOO, -1 got to f the stacks about halfpast three that afternoon, and found two out of a cluster of three bum*. The one nearest the sea completely burnt out and the other still showing its core burning. I noticed that two stacks that were burnt had been almost touching, from the marks left where they stood and that the stack that remained was about 10ft from the one and 15ft from the other stack, I examined the stack that remained and found the side away from the sun wet through from the ground upwards. As far as I could thrust my hand in and pull the stuff out it was all mildewed, rotten, and grown. On the sunny side it was dry. The stack was quite cold there not being the slightest heat in any part of it. I returned to Temuka, and saw Richard Hornbrook junr , to get particulars of insurance for my report. I asked him his estimate of the bushels in the stacks when he applied for the insurance he said he had not made any estimate. I asked him if he had put any value on it, and he said he thought £IOO, and had been informed that if they were burnt he would get one third of that amount. Se also said he knew nothing nothing abotlt. the matter. He told me he had been out shooting that night. Himsdf and his brother had borrowed guns to go out shooting. His brother Edward had a horse and he had been promised one at Sod Town. Failing to get a horse he took his brothers and went down to the Maori pah, at Milford. Ho said ho remained shooting and returned home at 10 p.m. and that his brother had waited for him, took the horse and then rode off to the Levels Plains, where he Uvea, I saw Mr Brown the following morning who showed me a receipt signed by Mr Craig, for £2, being 3 months insurance of Hornbrook’s stacks in his faVor as lienee. 1 have since seen the stacks twice. Mr Brown has been served with a notice to produce all papers. The stacks are about 20 chains off the road. The only road there is the one from Temuka passing through the swamp, but not leading anywhere. There is a road from Mr Gamack’s at right angles, heading to the sea. Mr Hornbrook did not say anything about threshing the stacks. Mr Brown told me he had insured as lienee.

R’chard William Hornbrook deposed: I am a farmer living in Temuka and in partnership with my brother Edward Alexander Hornbrook. He lives at the Levels Plains at ray father’s place. We took som6 lancT'from Mr Gamack, about 94 acres, for one year at Newlan 1 s Orari. We sowed all in oats. Part of the crop was light and part very heavy. It was gathered fai well. The straw of part was badly gathered and diy, It was, a fortnight in thestook. There were about 13 or 14 acres we did not cut being so light, and not worth cutting. We stacked all

we had cut. There were about 7 acres cut for hay and stacked for Mr Gamack in another paddock to buy at a valuation. It was good hay, but the oats- would not ripen, being grown on swampy ground. The rest of the crop was in three tracks. There were a few Scotch thistles amongst it. The stacks wm-e built near each other There was one l arge one, one very small one, a,nd one very middling one. We estimated the average as 30 acres aV bushels to the acre and'so acres or ahouta at 20 bushels ; to, the acre, Jn, about 2350 bushels. We had thp stacks; insured in the New Zealand office, or*. 25tli February last. They were insured in Mr Brown’s the insurance agent’s name. The application was signed by. Hornbrook Brothers for £IOO for three months. When I went in to make the application Mr Brown said I had better insure in his name. 1 know for no otherreason than that I was dealing, . Tfaern was no 'Agricultural lien on the crop cannot give any other reason why the crops were insured in Mr Brown’s name. I did not sign the proposal at the time I went to Mr Brown’s for that purpose, but two or three days after. 1 recollect telling Sergeant C irlyon that I should only get one third of the insurance. I said so; because I had after heard persons saying that they only get that amount should their stacks be burnt, It was through nothing that was spoken between Mr Brown and myself but from what I heard my father say in regard to his own insurance. I Owe Mr Brown some money at the present time but don’t know how much. At the time the fire took place, I had sold about 1000 bushels to Mr Ackroyd, butcher, three weeks before the fire at Is per bushel. I did not sell him the whole of the quantity. Mr Brown never had a lien over the oats, I cannot give any reason why they were re-insnred in Mr Brown’s name. Iliad seen the stacks three weeks before the fire for the last time. I was shifting from Mr Gamack’a ro reside in Temuka. They were not thatched. I don’t know if they were wet or not. On the Tuesday morning following the fire Mr Gamack’s groom came and told me they were burnt. I went to the spot on the Wednesday afternoon. The two facing the north were burnt. They were the largest. One stack was burning a little in the middle when I saw it. Ort the night of the fire I was shooting, and was alone at the mouth of the Opilii river. I shot a seagull I went part of the way with my brother, and he remained in Temuka whilst I went on further, shooting. I passed Mrs Breakwell on the road* near Mr Wareing’s residence. That was. about half-past eight to nine o'clock. I was then going down. I said, “Good evening, Mrs Breakwell,” and rcfde on, I returned to Temuka between ten and half-past. I was coming from Orari road when I met Mrs Breakwell. Thjs was abou t five miles from the stacks. I went down the road leading to:the boiling-down establishment, and took the road to the right.- The machine was to have been on the gtodnd on the Wednesday following the fife to thresh the grain. I had not sold over the quantity. I sold to MrAckroyd. I signed an application for the insurance money the other day. By the Foreman : I valued the stack at £l2O at the time the proposal was made. I am not sure whether it was £IOO or£l2o.

By a juror - I did not pay the premium Mr Brown did so.

By another juror : At the time I made the proposal oats were then sold at Is 3d per bushel. The foreman here asked for the production of the proposal. It was here stated that the proposal was in Christchurch. The receipt for the £2 was handed in and read. By a juror ; The stack for Mr Qatnack had some thistles in it; some of them were thrown out. 1 think it was 15ft by Bft, but I arn not certain. That stack was not included in the insurance. By the coroner; I built the other stacks.

One was 15ft across at the bottom, and the other was loft; they reached about 10ft from the ground to the eaves. The first one was about the same height. Mr Brown asked me the dimensions of the stack. As to the contents, lam not sure that he asked me anything about it. Mr

Brown did not ask me to insure ; I went of ray own account. It was a very bright moonlight night when I went out shooting. I left here about seven o’clock. By the foreman : Mr Brown filled up.

the proposal for insurance, and I signed; it “ Hornbrook Bros.” I never read the, proposal over. Job Brown, deposed : I am a merchant, and sub-agent for the New Zealand Insurance Company, «t Temuka. I on *y knew the stacks belonging to Mr Hornbrook, which were burnt, from heresay ;

I never saw them. The proposal is in Christchurch. I only possess the receipt for the amount paid. I accepted the pro-

posal from Hornbrook Bros., and sent it to Christchurch for approval on 3rd Nov. last. Bit-hard Hornbrook signedit. It was for £IOO, on three stacks, kfaimera-., ber the narticulars of the acreage. Tbo three stacks were estimated at the sai&o value. The estimated yield per acre was'also inserted in the proposal. It was made out in the name of Hornbrook Bros., and in my name as lienee. I had no lien on the stacks. I supplied Hornbrook with.« the seed, found him in oats and chaff, kept him going. When ha came

* to insure I asked him to do «o in my name. He then owed me £6O. I have not lately been pressing him for money. I expect I shall receive the amount if the Insurance company pay it. No claim has been made to the company for the amount, but one is in my possession. It is the practice io put the word “lien in the interim policy when the crop belongs to one person and the insurance is made out in ■that.of another. There are no other docurelating to the insurance than the for the premium. If an J balance is coming over what Mr Hornhrook insured for, it will be paid over to him. By a juror ; Mr Hornhrook valued hxs slock at £l2O or £l3O. The proposal will show that. Sometimes I examine the stacks when proposals are made, but if depends upon the distance. Fortunately my office has sufficient confidence in me that my statements are taken by them - without further enquiry. I insured the stacks, believing there were 86 acres of crop,, which I had previously seen. lam not sure whether I gave an interim receipt

or not. On the foreman asking Mr Brown to produce the receipt book, after a short adjournment his evidence was continued. I find that in this case I did nor give a a receipt, but produce others similar to what I should have given. Being my own insurance I did not give myself a receipt. X produce the insurance cash - hook showing the payment. By a juror : In the proposal the price of the oats was put down at about 9d or lOd per bushel. I consider the amount taken was far below the value. A juror pointed out that at that estimate the amount would not come to £9O. Mr Brown said that he did rot accept the proposal, but the office in Christchurch. By Inspector Pender ; I did not know that Mr Hornhrook had sold aiy part of them. By the foreman ; On the Tuesday Mr Hornhrook came and told me tint two of the stacks had been burnt, and that they Were two of the best. He seamed very sorry and embarrassed about it, I went immediately and informed Sergeant Caflyon. At the lime I insured the oats I would have given Is 2d per bushel. Michael O’Brien, deposed ; I live at and am the owner of a threshing machine, and saw the stacks about a fortnight before the fire. It was On a Sunday. 1 went to look and to see if I could get water at them, as I was engaged to thresh the three by Mr Ackroyd. I was to shift the machine on the Monday before the fire. Mr Qu.un did not shift me so I did not go to thresh them. Mr Ackroyd told me there were about 1000 bushels, but in my opinion there were only about 400 bushels, but the yield might have been more, as I did not see *' the crop growing. If the crop yielded well there might have been 600 bushels. I charged 3gd per bushel for threshing rats. My men did not think it would pay to thresh them, I never spoke to Mr Hornhrook about threshing them, but he Bald to ine that he would take the machine as far as Temuka on the Monday, and to Orari the next day, and I agreed to let him do so. Afterwards he told me he had hurt his back, and would shift the machine on the next Thursday. He was to have shifted the machine on the Monday fortnight before the fire, hut could pot get horses to do so. William Ackroyd, deposed : I am n butcher, residing at Temuka, and sent O’Brien down to look at the oats. I engaged him to thrash the whole of them. I bought 1000 bushels of them from Mr Hornhrook at Is per bushel on 10th March. I did not see the stacks myself.. There were 1000 bushels stated, but if there were iqore I was to have taken the lot myself. Hornhrook told me there might be 1000 to 1200 bushels in the stacks. It would have satisfied me if 1 got the 1000 bushels. He said there were three stacks at Mr Gamack’s. By a juror ; 1 was to pay eveiything in regard to the threshing which had to be deducted from the Is per bushel. I did not see a sample of them. Hornhrook did not tell me what sort of a crop of oats there were. I produce the agreement for the purchase of the oats [One of the jurors here pointed out that it was only signed in pencil.] ,Mr Hornhrook owed ine money, and I was to have taken the oats in payment. I sold them at the same figure.

By a juror: When I spoke to O’Brien about going to thrash the oats, he told me it was a very poor crop, and that he had a very poor opinion of going. I passed the - crop several times. There were several thistles in it. I did not know how much I was to get out of the prop. It was shaken by the wind. 1 was at Hornbrook's house about 10 o’clock on the night of the fire He was not at home, and hisj brother said he had gone shooting.

John Alexander Gamack, deposed : I live at Jfewlands, Orari. The Hornbrook’s leased 94 acres of land for one crop of oats. It was quite close to my house, and I saw it daily. It was a light crop, sown very late in a dry season. There were a lot of thistles on the heavy land. It was rotten ripe in soma places before being cut. I was continually speaking to Richard Hornbrook about getting it,cot as I had grass growing pnderit. He was to appear every week to do soj but never did. He excused

himself by saying that the machine was at his father’s. The crop was tremendously shaken, as if cattle had been through portions of it. The cro? was gathered in a most slovenly manner, I did not know the quantity iu the three tstacfcs. There were about'SOacres out of the 94 not in the three stacks, It was in the agreement that the grain was to be thiashed within a fortnight after being stacked, but was tiiat he couid not get a ma esne I passed by the stacks the day before the fire. There was nothing to lead me to suppose they were heating. By a juror : I saw no footmarks near the stacks, and there were no tramps about on that day. I do not think they were burnt through spontaneous combustion. The stubljle between the two stacks was burnt. The evidence being concluded, the coroner summed up thereon, and the jurj', after retiring for about three-quarters of an hour, returned the following VERDICT, “ That there is no evidence to show how the fire originated, but consider that the surrounding circumstances are most unsatisfactory and suspicious, especially as the stacks are proved to have been very much over-insured.”