THREE CHARGES

Auckland Star, Volume LXX, Issue 118, 22 May 1939, Page 10

THREE CHARGES

They were each charged that on or rbout February 12. at Piha, they wilfl'lly set flro to the dwellinghousc owned by Florence Jessie Thomas, thereby committing the crime of arson; and, further, that on or about February 10 they improperly interfered with a dead human body—that of Patrick Henry Hhine.

The two accused were further charged fhat between February (i and March 10 they did conspire, each with the other, by deceit, to defraud the Mutual Life and Citizens Assurance Company, Limited, of Sydney, N.8.W., of the sum of £25,500 by means of falsely representing that Gordon fiobert McKay was dead, with the intention that the sum of £25,500 should be paid by the compony to some person* other than the *aid Cordon Kobert McKav.

Mr. V. R. Meredith, with Mr. N. T Smith, appeared for the Crown. Mr W Noble, represented McKay and Mr. J Terry appeared for Talbot. Jury To Be Kept Together.

wj »" *° the empanelling of the jury, hie Honor announced that during the f r ' aI * n « jurors would be kept together. Ihe hearing, he said, was expected to last four or five days, and no doubt there were some juror* who would suffer great inconvenience by being kept away from their businesses for that time. He, therefore, asked jurors who expected to be thus inconvenienced to apply at once for exemption from serving for tht criminal trial. They would, of course, have to serve on the other civil actions to be heard during the week.

five juror* made application for exemption and were excused.

The formalities of empanelling the common jury were concluded by 10.40 a.m.

On being called to the dock, the accused after hearing the three charge* read, each pleaded not guilty. The name* of six jurors were challenged by the Crown, Avs by Talbot and four by McKay. Mr. Meredith then began, art* address to the jury, the Crown Prosecutor reviewing event* in the Piha case in chronological order.

Loaf Friendship of Accused. These two men, said Mr. Meredith, were charged with three offences— interference with human remains, burning of a house at Piha and conspiracy to obtain £2.1,500 from an insurance company. The exhumation of the dead body and the burning of the house were considered to be part of the criminal conspiracy. "/*"'" c »»e ha* created a very lively public interest, with the result that «. * l new " pt P er me» have published a 5. ™L. »' *l" n r,m,our » "inch may not some nt ;, : Som r of J™ ma - v have read »o»r vfJf°» U m ". y have '«** and base fiven „"«ft r Ht r.! y ° n tho given ,„ this Court," said counsel. otherwise for /S-i,? if yeaV." Tn A^ laiDot tt single man, bad been an occupant of McKay's house for ,ome T an fit ll ' at th °y Went l « tfe I. and C.. Insurance Company and McKay ~ut an insurance on his iff* for -L.W-.00 in addition to £4.500 he .£i°J . '™ w " Uken to tlw Mut »«» Life and Citizens Company, where he took *.Z6,fiOO He paid several hundred pound, to get the policies in existence; ho had to pay another several hundreds to renew the po\jrie S on March 1 last -Tuey were whole life poliri.T

After the policies had been taken out. continued Mr. Meredith, McKay and Talbot apparently went to England, whence they returned to Sydney on January 10 of this year. Evidently they did not stay long in Sydney, because they came to Auckland in the Mariposa, which arrived here on February 6, five days after the premium on the policy was really due and when the period of grace had begun.

The two men were met here by a man named Jones, who took them to a residential house in Hardinge Street, where they took a double room for £1 s week.

Mr. Meredith next came to the death of Patrick Henry Shine, a returned soldier who had served with the Australian troops. Shine was a smallish man, about sft 7in in height. He was admitted to the Auckland Hospital on January 7 and died there on February 8. two days after McKay and Talbot had arrived. He died in a very emaciated state, practically "skin and bone," and he had no natural teeth. After his death the cavity of hi* mouth was packed with cotton wool, as was the usual practice.

Notice of Shine's death appeared in a newspaper on the morning of February 9, Thursday. Towards mid-day, evidence would show, a stonemason working in the Waikumete Cemetery was approached by McKay, who asked where "the returned soldier" was to be buried. Two were actually to be buried that day—Shine and a man named Cherry—and the stonemason pointed, out the graves.

Mr. Meredith asked the jury to remember that the portion of the cemetery where Shine was buried was comparatively close to the main road, so that for the purpose of any removal it wa» a comparatively convenient place.

Questions About Teeth. The next fact, continued Mr. Meredith, was that evidence would be given that when young Shine, a son of the deceased, was returning to the deceased's home in Wellesley street with a wreath, on the flay of the funeral, he met McKay outahm.i «i.* < T e - McKa y mad * inq»»i«> about Shine's teeth.

K " *°;! ,d al9 ° * established that Mc?uneral on* h g ■ d ; w *»«n,e„t of the Mineral on the day of the funeral saw a man about a bach at Piha. The Jm* afternoon both McKay and T.lbSdro™. out to Piha and Inspected a bach Tfc« !•"• »'**«■ they »aVfe take the house for two month!, .HJugh only 00.. weed's rent was paid. . *

Mr. Meredith then described the small four-roomed bach at Piba. •'Von will note, gentlemen, that tbe bach was taken on the Thursday ni«ht February 9," said Mr. Meredith. "The advertisement of the funeral was inserted on Thursday morning, McKay saw Shine junior shortly before the funeral and that evening the bach at I'iha wae taken.