120. James Edward Murray Garth
4 Others Hurt
Francis James. Byrnes (42), a resident of Sydney, was killed instantly and four others were injured when a lorry capsized and burst into fiâmes near Emmaville. James Edward Garth (78), who was thrown clear, smashed the woodwork of the cabin to rescue two of the men. The truck was totally destroyed. The men were all employed by the Mt Martin gold and tin mines and were on their way to the mine in the lorry when the accident occurred.
Source: Barrier Miner 7 Jun 1938
"A TRAGIC EVENT" Hamilton Woman' Death FIRE IN FISH SHOP "It was, a most, tragic happening, but there was no criminal negligence, and, as far as I can see, no civil negligence, but that is a matter for elsewhere, said the Coroner (Mr. A. G. Chiplin) in returning a verdict of accidental death at the inquest into the death of Mrs. Margaret Garth, of Boreas-road.. Hamilton North. About. 10 a.m. on November 4, a fire occurred in a fish and chip shop in Hunter street, Wickham. Mrs. Garth's clothing caught alight. She was taken to Newcastle Hospital, where she died four days later. The Coroner found that Mrs. Garth died from the effects of burns accidentally sustained on November 4, while she was a customer standing at the counter in the fish shop, through her clothing catching alight when fat in the vat of a stove became ignited. "Makin was also badly burned, and is lucky to be alive. I am sure that he tried to put the fire out to the best of his ability," said the Coroner. Mr. Chiplin said that the stove had been in in use two years. There was evidence that it was an up-to-date stove and that the type had never been known to catch fire previously. Mr. L. Warland (Messrs,. Reid and Reid) appeared for the relatives. Mr. H. L. O'Neill (Messrs. Johnson and O'Neill) appeared for Makin. Mr. N. Jones represented the Newcastle Gas and Coke Company. The Acting Government Medical Officer (Dr. F. W, I). Collier) said that death was probably due to septic absorption from the burns. Evidence of identification was given by Murray Edward Garth, a son, of Melbourne. TURNED TAPS OFF - Jean Wilson, shop assistant, Turnbull street, Merewether, said that about 10 a.m. on November 4, she was assisting in the fish shop with Mr. Makin. She turned and saw a flame coming from the vat on the stove. She called her grandfather, Makin, who tried to smother the flames with bags. They got the flames down and she served two customers, one of whom was Mrs. Garth. Then the fire broke out again and caught the wood at the back of the store. Her grandfather went to get water. She went out and did not know what happened until she was called into a shop two doors away. She saw her grandfather and Mrs. Garth being treated hy the ambulance prior to their being taken to Newcastle Hospital. By the Coroner: As soon as she saw the flames she turned off the three taps under the vat, also the tap at the gas meter, which was close to the stove. The stove had not been re-lighted when the flames broke out the second time. Witness told Mr. Warland that Mrs. Garth was waiting for her parcel when the second fire broke out. She was the only person serving in the shop, Nobody was attending to the stove. FAT WAS ALIGHT. Samuel Archer Makin, shop assistant, of Turnbull-street, Merewether, said he lit the gas under the cooker, which contained a quantity of fat, While the fat was getting hot, he went outside to clean fish. He had been outside about five minutes when his granddaughter called out that the fat was on fire. After he had used bags he thought the fire had died down and returned to the rear of the shop to continue cleaning fish. About two minutes later his grand-daughter called out that the fire had broken out again. He again tried to beat out the flames, but the fire became worse. The wooden wall at the back of the cooker caught alight. He put water into a kerosene tin and poured it on to the wall. Some of the water must have got into the fat causing it to belch out and set alight to his clothes. Prior to that he had seen Mrs Garth leaning over the counter, There were two other women in the shop, but they left before he poured the water on the wall. As soon as his clothes caught alight he rolled on the floor and did not see what happened to Mrs. Garth. The front door was open, There was a double- fly-proof door open on to the street, It was a special stove and had been in use two years, By Mr. Worland: He turned the gas jets fall on after lighting the stove. He could not account for the fire. He did not think that the fat had been in the vat long enough to get hot. There was about 201b of fat in the vats, which were about 15 inches deep. The vats were barely half full, When he went out to the back room, the slides were over the top of the vats' and were in position when he
returned into the shop. The gas was turned off when the first fire occurred. When the fire occurred he remarked, "Spare my days !'Spare my day's: what do you think of this!" He did not speak to Mrs. Garth personally, but she and the other women stood at the counter - Mrs, Garth could not have been served, because Mr. Garth returned for a fish at night, Mrs. Garth spoke to him while the fire was burning. She said: "I think if you put water on it is the worst thing you can do." He did not answer, but put the water on thinking it was the best thing to do to try to save the building. There was no fire extinguisher in the shop Mr, O'Neill: He walked out through the front door, carrying a table , The door was open. Mrs. Hilda Baker, Hunter -Street, Wickham, said that on hearing a woman scream, she went out onto the footpath, and saw Mrs. Garth standing in front of a shop. All the clothing had been burnt off the lower part of her body, Mrs. Baker said she wrapped a blanket around Mrs. Garth and took her into her home, Makin was also taken into the house and taken to hospital. Evidence was also given by Mrs Eilen Brown, Hunter Street, Wickham, and Con Anthony, bootmaker, Hunter-street, Wickham.
Source: Newcastle Morning Herald and Miners' Advocate 24 Nov 1938
349. Murray Edward George Garth
Action for £10,000 Damages
MELBOURNE. Julv 28.
A case, which, according to Mr. Gorman, K.C., would appear somewhat exaggerated if reproduced in melodrama, came before Mr. Justice Lowe and a Jury of six to-day. Murray Edward Garth, a retired manufacturer, of Hamilton, New South Wales, brought action claiming £10,000 damages from Ida Hyams, her son Isadore Hyams, Frank Roberts, and Albert Eastwood. Plaintiff's case was that he lived with Mrs. Hyams and her son at Belgrave. Eventually he was to marry Mrs. Hyams but Isadore Hyams was displeased with the contemplated marriage, and he and his mother advertised for two ex-boxers of unimpeachable character to carry out a certain mission. On June 10 last year when Garth returned from a successful business mission to Queensland he was set upon by the two boxers, "trussed up like a turkey," and robbed of £625. His skull was fractured and In that condition he drove to Camber well In a motor car, where he was discovered by the police. The defence is that Garth was creating a disturbance In the home, and the two ex-boxers, Roberts and Eastwood, acted under the direction of Mrs. Hyams with a view to subduing him. It was stated in evidence to-day that Mrs. Hyams and son were abroad. The case is part heard.
Source: The Mercury 29 Jly 1932
TIED UP AND HANDCUFFED
When the. case in which Murray Edward Garth. is claiming £10,000 from Mrs. Ida Hyams, her son and two other men vvras resumed to-day, Albert Victor Eastwood, one of the defendants, said he had tied up Garth and handcuffed him because he had a gun and threatened the woman and her son with violence. Witness said he did not know Garth had been living with Mrs. Hyams. He thought he was only her chauffeur. He declared that Mrs. Hyams told him that she would be killed and her body was to be put in a safe in the. Bank of New South Wales building. Eastwood said that Garth was as fit as he was now to drive a car when he left the house on the night of the assault. Frank Roberts said that Mrs. Hyams told him that a man was threatening her life and she wanted someone to protect her. Roberts said that when Garth was released he walked to his car unassisted and drove away. The case was adjourned until to morrow.
Source: Northern Star 3 Aug 1932
In £10,000 Action
Mrs. Ida Hyams. from whom, with her son and two other men, Murray Edward Garth of Hamilton, Newcastle, is claiming £10.000 In a Melbourne court .for assault and false imprisonment.
Source: The Newcastle Sun 2 Aug 1932
SEQUESTRATION OF WOMAN'S ESTATE
Outcome Of Assault Case MELBOURNE, November 7.
On the petition of Murray Edward Garth, manufacturer, of Hamilton, New South Wales. Judge Lukin, in the Bankruptcy Court today, made an order for the sequestration of the estate of Mrs. Ida Hyams, formerly of Belgrave, but now of England. In August last the parties to the petition were the central figures in an action in which Garth claimed £10,000 damages from Mis. Hyams, her son Isador Hyams. and Frank Roberts and Albert Eastwood, two men employed by Mrs. Hyams, for assault and false im prisonment. Garth, who had been friendly with Mrs. Hyams. alleged that when he went to Mrs. Hyams house at Belgrave on June 21. he was set upon by the defendants and beaten and tied up. His skull was fractured, and he was unconscious for several hours. The jury found for Garth and awarded him £1,500 damages. In his petition Garth stated that the damages had not been paid.
Source: The Advertiser 8 Nov 1932
Alleged Move To Evade
ALLEGATION OF FRAUD
In the Bankruptcy Court to-day, it was announced that a settlement had been reached in the case in which Murray Edward Garth, of Hamilton, had applied for an annulment of the transaction between Ida Hyams, now of England, and her son, Samuel Sansfield. Last year, Garth obtained a judge ment against Mrs. Hyams and her son, and another man for £1,500 for assault and injury and imprisonment in a house at Belgrave. In his application, Garth alleged that Mrs. Hyams had remained outside Australia with intent to prevent a satisfactory judgement, and also that she made a fraudulent assignment of all her real property in Australia to her son. The terms of the settlement were not announced.
Source: The Canberra Times 25 Jan 1933
Murray Edward Garth, 36, dealer, was found guilty of having, by a false pretence, induced Edith Kathleen Mulligan to authorise the manager of the Commonwealth Bank to deliver four Commonwealth Treasury bonds valued at £40 to Garth. On two charges of larceny, Garth was found not guilty. Counsel for accused said in his address to the jury that Garth and the woman had been partners in a business venture which failed. Garth had given the woman the opportunity to leave the firm and had given her promissory notes. If she considered that she had any claim against him, it was a matter for civil redress and should not have been the subject of criminal proceedings. The Crown case was that Garth had established a business, employing several hands for a short period, and paying rent for one week. This was part of his plan to get control of the woman's money, the Crown alleged. Garth was bound over on a bond of £50 to be of good conduct for two years, a condition being that he made restitution to the value of £40 within 18 months.Mr. G. Stafford appeared for Garth.
Source: The SMH 6 Jun 1936