FOR SENTENCE.

Auckland Star, Volume LXX, Issue 122, 26 May 1939, Page 6

FOR SENTENCE.

PIHA PRISONERS.

TWO COUNTS PROVED.

INTERFERENCE AND ARSON.

THE THIRD CHARGE FAILS. Standing motionless and almost 6xpre>sionlesi« in the dock in the Supreme Court, Cordon Robert McKay and .fames Arthur Talbot, late la*t night heard the jury pronounce their guilt on two of the three charges which were preferred against them as a sequel to the destruction by lire of a bach at I'ilu earh on the morning of February iJ. Thev were remanded for sentence.

The jury had taken five and three-qna-ter hours, including the dinner period, to reach its decisions, which were not delivered until Jl o'clock. McKay

w iir. found guilty of improperly interfering with tin- dead body of Patrick lli'iin Shine (in February 10, and of wilfully setting lire tn Florence Jessie Thomas' dwelling at I'ilia on February \-, thereby committing arson.

Recommended To Mercy. Talbot was also found guilty on each

of thet»e charges, but in hi*, case the jury added to both findings a strong recommendation to mercy. The judge. Mr, Justice Fair, said this recommendation would be given the fullest weight.

Until accused were found not guilty on the third charge, that of conspiring between February li and March 10 to defraud the Mutual Life and i'itizenti' Assurance Company, Limited, of Sydney, of £25,3(M), by the alleged false pretence that McKay was dead.

Although numbers .came and went, a total of well over 100 people waited patiently for the jury to return to the courtroom. Swelled after 10.30 by homeward-bound theatre-goers, they heard the verdicts in tense silence. They saw McKay's face break into a smile as he turned at the close of the proceedings to descend witli Talbot to the cells and the prison van.

McKay, aged 43, a wool and hide dealer, was represented by Mr. Noble, while Mr. J. Terry appealed for Talbot, aged 38, labourer. The Crown case was conducted by Mr. V. R. Meredith, Crown Prosecutor, with whom was associated Mr. X. I. Smith.

Tribute to Police. "I feel that I should express my appreciation of the verv thorough and competent work done by the police officers engaged in the inquiries, and also of their work in arranging the presentation of the evidence both in the preliininary hearing and in this Court." hi* Honor said before remanding the two men for sentence.

"The prompt detection and punishment of crime is one of the greatest factors in suppressing it, and the capable presentation of evidence has resulted in a large number of witnesses testifying to a large number of facts in a comparatively short space of time."

His Honor then thanked the jury for the very careful consideration they had given to the case, and the foreman expressed appreciation of the consideration and attention that had been shown the jury.

In his summing up, which lasted a little over an hour, the judge suggested that the jury should consider the charges in this order:—Firstly, that against McKay of improperly interfering with Shine's body; secondly, that against McKay of arson; thirdly, that against Talbot of interfering with the body; fourthly, that against Talbot of arson; and, finally, the charge of conspiracy.

Regarding the allegations of arson against McKay, his Honor pointed out that the evidence need not show that he actually set fire to the building himself. Every person who aided and allotted a crime was equally guilty with the person who carried it out; possibly the jury would find • that the only reasonable inference from the evidence was that McKay had arranged for the flre.

Charges Against Talbot. The jury should also approach the charges against Talbot with the principle in mind that any person who knowingly did anything to aid and abet a person in the commission of a crime committed that crime as much as did the person who carried out the major -act. The jury might think that the major question on which Talbot's guilt in the first two charges mnit be proved was whether it could be determined that the body alleged to be that of Shine was taken out to Piha on the Saturday afternoon. Both or of the accused must be convicted on the charge of conspiring with each other. The jury would ask ltaelf firstly whether it was satisfied by the evidence that they conspired with each other. There was a further factor to be considered: If they found the two accused, or either of them, guilty on the first two counts they would have to consider whether those crimes were committed with intent to defraud the insurance company. At the request of Mi". Noble, his Honor placed before the jury the following special issue: Did the accused, before reaching New Zealand, come to an agreement to carry out the conspiracy alleged in the third count! Declaring that he accepted the indictment as it stood, Mr. Terry asked that his objection to the issue being put should be noted. The jury then retired.