In the months following the Coroner's verdict on the cause of the Benge & Pratt store explosion, Messrs Benge and Pratt sought to recover their losses from their insurance policy.
The Guardian Assurance Company would have none of it, however, arguing in the Supreme Court in Wellington that Benge & Pratt had violated the terms of the policy which prohibited the storage of explosives as well as the storage of quantities of more than 25 lbs of gun or blasting powder. Benge & Pratt brought suit against Guardian Assurance.
On 11 December 1914, the Chief Justice delivered his verdict that Benge & Pratt had indeed breached the express warranty they gave in the policy, by stating "no" to the question will any hazardous goods listed [in the policy] be stored" on the premises? Thus, Benge & Pratt were unable to recover their business losses through insurance. (Evening Post, 11 December 1914, p. 7)
Back in May 1914, neighbouring store J A Hazelwood & Co was fined a nominal sum of 5 shillings for selling explosive without a license. Benge & Pratt faced a similar action but it was adjourned. It is not clear from the newspaper record what subsequently resulted from the action.
By October 1914, Herbert Benge was again doing business as H V Benge & Co grocery store in Upper Hutt. It appears that Pratt and Benge went their separate ways.
Showing posts with label fire. Show all posts
Showing posts with label fire. Show all posts
Friday, February 5, 2010
Thursday, February 4, 2010
Benge & Pratt Explosion, Upper Hutt - Coroner's Verdict -- Death By Gelignite!
On 28 April, 1914, the District Coroner, W G Riddell, S.M, rendered his verdict just three days after conclusion of proceedings.
He found, balancing the evidence, that the cause of the explosion was due to gelignite and that this explosion caused the death of the eight men in and around the store that night.
The evidence proffered at the inquest could only account for some 16 lbs of gelignite being sold from the 50 lb case of the explosive received at the store on the previous 6th of February, leaving some 34 lbs unaccounted for.
Other witnesses had failed to come forward to attest to purchases from the store between the 6th of February and the day of the explosion.
This might be accounted for in part because to come forward was to likely result in self-incrimination in illegal use of the gelignite. There was evidence suggesting some of this over the counter trade in gelignite was being used to blow up trout in the Akatarawa and other streams in the Upper Hutt area along with the fact that Benge & Pratt's sales of gelignite were illegal since they had no license or permit to do so.
Both partners, Benge and Pratt, each testified they were not involved directly in the sales of the explosive. The Coroner found that "this might easily have happened". [This surely does not absolve them of responsibility for or knowledge of the sales, thought this was not a criminal proceeding].
The Coroner had heard expert testimony that as little as 10 lbs of gelignite would be sufficient to cause the type and size of explosion that destroyed the Benge & Pratt store and caused the deaths of eight men. He concluded that "one is forced to {the] conclusion that it [the explosion] was due to gelignite in the room above the grocery department".
As to the cause of the fire preceding the explosion, the Coroner could reach no definite conclusion.
"Due to Gelignite", Evening Post, 28 April 1914, p. 7.
He found, balancing the evidence, that the cause of the explosion was due to gelignite and that this explosion caused the death of the eight men in and around the store that night.
The evidence proffered at the inquest could only account for some 16 lbs of gelignite being sold from the 50 lb case of the explosive received at the store on the previous 6th of February, leaving some 34 lbs unaccounted for.
Other witnesses had failed to come forward to attest to purchases from the store between the 6th of February and the day of the explosion.
This might be accounted for in part because to come forward was to likely result in self-incrimination in illegal use of the gelignite. There was evidence suggesting some of this over the counter trade in gelignite was being used to blow up trout in the Akatarawa and other streams in the Upper Hutt area along with the fact that Benge & Pratt's sales of gelignite were illegal since they had no license or permit to do so.
Both partners, Benge and Pratt, each testified they were not involved directly in the sales of the explosive. The Coroner found that "this might easily have happened". [This surely does not absolve them of responsibility for or knowledge of the sales, thought this was not a criminal proceeding].
The Coroner had heard expert testimony that as little as 10 lbs of gelignite would be sufficient to cause the type and size of explosion that destroyed the Benge & Pratt store and caused the deaths of eight men. He concluded that "one is forced to {the] conclusion that it [the explosion] was due to gelignite in the room above the grocery department".
As to the cause of the fire preceding the explosion, the Coroner could reach no definite conclusion.
"Due to Gelignite", Evening Post, 28 April 1914, p. 7.
Wednesday, February 3, 2010
Benge & Pratt Store Fire and Explosion, Upper Hutt - Gelignite? What Gelignite?
If the acetylene gas lighting system did not cause the Benge & Pratt store explosion, what did?
The Coroner's inquest now turned to the question whether gelignite was stored on the premises for sale to the public and whether any remained in the store on 28 March 1914 on the evening of the explosion.
On this matter the evidence was contradictory.
John Vivian, 35 years of age, a storeman employed at Benge & Pratt's told both of the partners and another witness during the fire that no gelignite was stored on the premises and, acting on Vivian's advice, Constable Mahoney told others assisting in efforts to remove property from the building there were no explosives stored there. That Vivian went into the building during the recovery effort and stayed there for periods of time indicated he was firm in his belief there were no explosives present, the Coroner concluded. Vivian, however, was killed in the explosion.
Evidence given at the inquest by Mr Pratt, one of the partners, stated that store did indeed sell gelignite. The bulk of it was sold over the counter in cash sales. Not all of these sales were recorded in the books and even if they were some of the books were lost in the fire.
It was established, however, that Benge & Pratt had received a 50 lb case of gelignite on 6th of February less than two months before the explosion. Pratt testified he had been in the south front room upstairs on the day of the explosion where gelignite and a keg of blasting powder were stored. He had not seen any of the gelignite from the 50lb box present then and was not aware of any other gelignite being present, leaving him to assume all of it had been sold.
When asked whether the business held any permit or licence to stock explosives, Pratt admitted that they had "none whatever". Evening Post, 17 April 1914, p. 8.
The Coroner's inquest now turned to the question whether gelignite was stored on the premises for sale to the public and whether any remained in the store on 28 March 1914 on the evening of the explosion.
On this matter the evidence was contradictory.
John Vivian, 35 years of age, a storeman employed at Benge & Pratt's told both of the partners and another witness during the fire that no gelignite was stored on the premises and, acting on Vivian's advice, Constable Mahoney told others assisting in efforts to remove property from the building there were no explosives stored there. That Vivian went into the building during the recovery effort and stayed there for periods of time indicated he was firm in his belief there were no explosives present, the Coroner concluded. Vivian, however, was killed in the explosion.
Evidence given at the inquest by Mr Pratt, one of the partners, stated that store did indeed sell gelignite. The bulk of it was sold over the counter in cash sales. Not all of these sales were recorded in the books and even if they were some of the books were lost in the fire.
It was established, however, that Benge & Pratt had received a 50 lb case of gelignite on 6th of February less than two months before the explosion. Pratt testified he had been in the south front room upstairs on the day of the explosion where gelignite and a keg of blasting powder were stored. He had not seen any of the gelignite from the 50lb box present then and was not aware of any other gelignite being present, leaving him to assume all of it had been sold.
When asked whether the business held any permit or licence to stock explosives, Pratt admitted that they had "none whatever". Evening Post, 17 April 1914, p. 8.
Tuesday, February 2, 2010
Benge & Pratt Store Fire and Explosion, Upper Hutt, What Caused The Fire, April 1914?
Before determining the cause of the explosion, the Coroner's Inquest had to first try to establish the cause of the fire.
Evidence was given that the business' partners, Messrs Benge and Pratt had left the premises at 9:30 pm on Saturday evening after they shut off the gas and locked up the premises. At around 10 pm., Mr. Benge thought he saw a light in the upstairs storey of the building above the grocery. He returned to the building and inspected the upstairs floor but found no sign of anything out of the ordinary. Benge testified that he had used one or two matches when upstairs but the Coroner concluded that the lapse of an hour and a half or more until the first signs of the fire were discovered discounted these matches as being the cause of the fire.
In his verdict, the Coroner, Mr W G Riddell, S.M., noted that matches were stored in the upper room or south front upper room as it was identified in evidence where the fire was likely to have started. He observed that it was "not an uncommon thing for rats to cause a fire by getting at the matches". Given the uncertainty of the facts, he concluded that it was impossible to say from the evidence what the real cause of the fire was.
Nevertheless, Mr Riddell, concluded the building was old - one of the oldest in Upper Hutt at the time - it was wooden and of two storeys, yet there was no fire hose, extinguishers, or other fire fighting equipment on the premises. Furthermore, the Coroner observed that no efforts were taken to put the fire out. News reports of the time show that Upper Hutt did not have a fire brigade then and had only recently installed a high pressure water system. The one fire hose owned by the town had been locked up and only belatedly was taken to the scene of the fire.
Had effective fire fighting capabilities existed and been put to use, the Coroner concluded, the ensuing explosion might have been prevented.
Evidence was given that the business' partners, Messrs Benge and Pratt had left the premises at 9:30 pm on Saturday evening after they shut off the gas and locked up the premises. At around 10 pm., Mr. Benge thought he saw a light in the upstairs storey of the building above the grocery. He returned to the building and inspected the upstairs floor but found no sign of anything out of the ordinary. Benge testified that he had used one or two matches when upstairs but the Coroner concluded that the lapse of an hour and a half or more until the first signs of the fire were discovered discounted these matches as being the cause of the fire.
In his verdict, the Coroner, Mr W G Riddell, S.M., noted that matches were stored in the upper room or south front upper room as it was identified in evidence where the fire was likely to have started. He observed that it was "not an uncommon thing for rats to cause a fire by getting at the matches". Given the uncertainty of the facts, he concluded that it was impossible to say from the evidence what the real cause of the fire was.
Nevertheless, Mr Riddell, concluded the building was old - one of the oldest in Upper Hutt at the time - it was wooden and of two storeys, yet there was no fire hose, extinguishers, or other fire fighting equipment on the premises. Furthermore, the Coroner observed that no efforts were taken to put the fire out. News reports of the time show that Upper Hutt did not have a fire brigade then and had only recently installed a high pressure water system. The one fire hose owned by the town had been locked up and only belatedly was taken to the scene of the fire.
Had effective fire fighting capabilities existed and been put to use, the Coroner concluded, the ensuing explosion might have been prevented.
Monday, February 1, 2010
Benge & Pratt Store Fire and Explosion, Upper Hutt, The Coroner's Inquiry, April 1914
Within the days of the Benge & Pratt store fire and explosion, the District Coroner convened an inquiry into the causes of the disaster that led to the death of eight men. The Coroner sat for seven days between 3 April and 25th of April 1914 at the Upper Hutt Town Hall hearing evidence both from eye witnesses at the scene and expert witnesses.
The acetylene gas system used to fuel the lighting system in the store was first to come under suspicion as the cause of the explosion. Water dripping onto calcium carbide chips results in a chemical reaction that produces acetylene gas that when ignited lights up gas lamps in a home or store like Benge & Pratt's (see diagram below).
Expert evidence was given that some 20 cubic feet of acetylene would be needed to produce an explosion in the building. Since the gas was turned off at around 10 pm (originally it had been suggested it was turned offf at 9:30 pm), it was estimated by experts that only 7 to 8 cubic feet could have leaked between that time and that of the explosion. Moreover, it would have required a leak or rupture of the gas piping for gas to have spread throughout the building. No one gave evidence of smelling gas at the time the store closed, at the time of the first alarm, or immediately prior to the explosion some thirty minutes later.
An examination of the generator after the explosion showed that it remained sealed and showed no signs of being ruptured either by the fire or the explosion.
The acetylene gas system used to fuel the lighting system in the store was first to come under suspicion as the cause of the explosion. Water dripping onto calcium carbide chips results in a chemical reaction that produces acetylene gas that when ignited lights up gas lamps in a home or store like Benge & Pratt's (see diagram below).
Expert evidence was given that some 20 cubic feet of acetylene would be needed to produce an explosion in the building. Since the gas was turned off at around 10 pm (originally it had been suggested it was turned offf at 9:30 pm), it was estimated by experts that only 7 to 8 cubic feet could have leaked between that time and that of the explosion. Moreover, it would have required a leak or rupture of the gas piping for gas to have spread throughout the building. No one gave evidence of smelling gas at the time the store closed, at the time of the first alarm, or immediately prior to the explosion some thirty minutes later.
An examination of the generator after the explosion showed that it remained sealed and showed no signs of being ruptured either by the fire or the explosion.
A water-to-carbide acetylene gas generator of the type use to provide gas for household and business lighting in the late 1890s to early 1900s. Water was slowly released onto carbide chips in the generator (A) and the acetylene gas produced was stored in the gas tank (B) until the gas lighting was run.
Source: Evening Post, Report of Coroner's Inquest, 28 April 1914, p. 7.
Saturday, January 30, 2010
Benge & Pratt Store Fire and Explosion, The Funeral Procession, 31st March 1914, Upper Hutt #6
The Funeral Procession for four of the those killed in the Benge & Pratt store explosion, 31st March 1914. Photo: Joseph Zachariah. Alexander Turnbull Library.
The funeral for four of those killed in the Benge & Pratt store explosion on 28-29 March, 1914 was held on 31st March. Constable Mahoney, Postmaster Comeskey, Messrs Flynn and Toohey were interned in Upper Hutt while separate funerals were held in Lower Hutt and Upper Hutt respectively for Messrs Vivian and Taylor on the same day. The last named was given a military burial in Wallaceville.
The funeral cortege assembled outside the police station and post office directly opposite the site of the disaster. It then proceeded south down Main Street to the Roman Catholic Church where all four of the deceased were members.
The funeral procession was headed by a large contingent of police followed by uniformed railwaymen. They have already passed the place where the above photo is taken as the four caskets borne by pall bearers follow. Immediately following the caskets are family members of the deceased with the next group just making the corner turn including the mayors of Upper Hutt and Wellington, the local MP, Mr Wilford, and the Ministers of Internal Affairs, Justice and Public Works. Some 250-300 members of the public were estimated to have participated in the procession.
Source: The Evening Post, 31 March 1914, p. 8.
Thursday, January 28, 2010
Benge & Pratt Store Fire and Explosion, 28 March 1914, Upper Hutt #4
The scene of the Benge & Pratt store explosion the day after. J A Hazelwood's store can be seen in the background, the photo was most likely taken from the balcony of the Provincial Hotel. Two white crosses are shown in the photo to mark where the body of Mr Flynn, railway guard, was found on the footpath and that of Constable Mahoney in the interior of the building just above the sheets of galvanised iron. Click on image for larger view. Note that the 1910s marked the very early use of photographs in newspaper editions and the quality of the reproduction suffers. Evening Post, 30 March 1914, p. 7.
Speculation quickly turned to causes of the fire and subsequent explosion. The most favoured initial suggestion as to cause of the explosion was an acetylene gas leak from the lighting system used in the store.
Carbon deposits on charred timbers were said to be hallmarks of a gas explosion, but the store owners reported they had turned off the gas when locking up for the evening and no one had reported smelling gas either at the outset of the fire or during the recovery effort inside the store during the fire.
Certainly, it was said, if there had been any hint of gas, the helpers would have stayed out of the store when no life was otherwise at risk from the fire.
As to the cause of the fire preceding the explosion, it was said to be a mystery.
Wednesday, January 27, 2010
Benge & Pratt Store Fire & Explosion, 28 March 1914, Upper Hutt #3
Evening Post, 30 March 1914, p. 7
The massive explosion that ripped through Benge & Pratt's store at 12:10 am on 29 March 1914, killed five men instantly, a further three were to die of their injuries later, and another 6 or so were injured.
Just prior to the explosion, Constable Mahoney realized that the fire had taken such hold that it was now time to abandon rescue efforts and he declared it was time to go in and get the boys out. As he entered the building, it was the last time he was seen alive.
A bystander observed that when the explosion occurred, the roof of the store opened up like the petals of a flower and a spout of flame shot high up into the air with a deafening roar. Those gathered outside were knocked to the ground, stunned. Windows were blown in up to half a mile away, while the post office across the street received the full blast of the explosion.
A shower of glass, corrugated iron sheets, heavy verandah posts, and heavy scantlings rained down on the surrounding area. All who were present or who saw the aftermath were amazed that more were not killed or injured.
The explosion was heard in Lower Hutt and Petone, and even as far away as Kaiwarra gorge.
Three helpers seriously injured by the explosion were rushed by special train down the line to Wellington Hospital, but all ultimately succumbed to their injuries over the following month, raising the final death toll to 8.
Evening Post, 30 March 1914, p. 7
Tuesday, January 26, 2010
Benge & Pratt Store Fire, 28 March 1914. Upper Hutt #2
Evening Post Headline, 30 March 1914, p. 7
By the time Constable Mahoney arrived back at the scene of the fire with Messrs. Benge & Pratt, a group had gathered outside the grocery & drapery store and steps were taken immediately to begin retrieving merchandise and other property from the premises.
A group of a dozen or so railway employees had come down from the Upper Hutt station where the late train from Wellington had arrived a short time earlier. The postmaster, Mr James Comesky, had hurried across the street from the Post Office to render assistance. Soon, some 30 or so men were hurrying in and out of the store as part of the effort to rescue as much stock as possible before flames completely engulfed the building.
The business' books and the safe were removed and Messrs Pratt and Benge worked with others to remove items from the bake house at the rear of the premises. The postmaster set about pulling a telephone off the wall in a zealous effort to save government property that ultimately cost him his life.
Although it was a calm, warm night so that no winds fanned the flames, the absence of a fire brigade in Upper Hutt meant that fire fighting measures were minimal.
A high pressure water supply had recently been installed in the town, but the only fire fighting equipment consisted of a hydrant and the town hose, of some 150 feet, that was locked up on the Town Board's premises. Valuable time was lost breaking open a gate to get at the hose.
Meantime, the operation of removing stock proceeded without any fire fighting apparatus to speak of, a couple of garden hoses ineffectually being used to try to retard the fire's spread to neighbouring buildings.
At approximately 12:10 am, some 30 minutes after the fire was first observed, a massive explosion decimated the building and those inside engaged in the rescue operation.
Monday, January 25, 2010
Benge & Pratt Store Fire, 28 March 1914. Upper Hutt
Evening Post Headline, 30 March 1914, p. 7
It was an ordinary Saturday's business from all accounts at Benge & Pratt's grocery and drapery store in Upper Hutt, Wellington on 28 March, 1914.
At 9:30 pm that evening, the two partners Herbert Benge and Herbert Pratt closed up the premises, shutting off the acetylene gas that provided lighting on the ground floor of the two storey building. Around 10 pm, Benge returned to the store after he thought he saw a light in the upper floor. Finding nothing amiss he again left the premises.
About 11:40 pm, Mrs Crabtree, wife of the proprietor of the Provincial Hotel across an alley way adjacent to Benge & Pratt's store saw smoke percolating from the store's roof and raised the alarm.
Constable Denis Mahoney, Upper Hutt's police officer, was promptly on the scene and summoned Messrs Pratt & Benge back to the store.
The Benge & Pratt building in a circa 1906 photo is on the left of the picture, across an alley from J A Hazelwood's store. Benge & Pratt's store as it was to become by 1914 was divided into two sections, the grocery and drapery. The fire was subsequently determined to have likely started in upper storey at the far left of the picture. Alexander Turnbull Library.
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