PIHA FIRE CASE

Evening Post, Volume CXXVII, Issue 91, 19 April 1939, Page 11

PIHA FIRE CASE

FURTHER EVIDENCE

STATEMENT READ

OPENING OF GEAVE

(By Telegraph—Press Association.)

Auckland, This Day.

The hearing of joint charges against the two Australians, James Arthur Talbot and Gordon Robert McKay, was continued in the Police Court today before Mr. C, R. Orr Walker, S.M. They were charged that on or about February 12 at Piha they wilfully set fire to a dwelling-house, 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 Shine.

Detective-Sergeant Nalder conducted the prosecution. Mr. R. C. J. Sanderson, appeared for McKay, and Mr. J. Terry for Talbot.

The first witness today was Constable Pollard, of Henderson, who arrived at Piha at 6.30 on the morning of Sunday, February 12. The bach fire was still smouldering, he said. He looked for human remains and noticed a patch in the embers still burning. He threw seven buckets of water on the patch and saw a human skull and other bones. Witness covered the remains with two cement bags. He interviewed Talbot at Winter's place. Witness produced a statement signed by Talbot in which he said he and McKay had come from Australia with a view to opening business in New Zealand. McKay had trouble with his teeth and on Saturday had several extracted. They had come to Piha for a few days' rest. He (Talbot) went to Auckland to keep an appointment and returned at 11.30 p.m. He gave McKay a cup of tea in bed and did not see him again. He was awakened about 1.30 a.m. by a noise. The two back rooms of the bach were full of smoke and when he opened the.door to McKay's room the room was full of flames. He called to McKay but got no reply. After trying to find a bucket he went to get help from neighbours. The statement added that he now knew McKay had been incinerated.

Replying to questions, witness said that Talbot stated he had no doubt the fire started in McKay's room as the flames were coming through the joints of the door and underneath.

Mr. Sanderson: I ask your Worship to take notice of my formal objection to the admission of that statement as evidence. against McKay.

Mr. Orr Walker: Yes, Mr. Sanderson

Witness said that Talbot's hair and eyebrows were singed and his face was very red. Witness took the bones to the Henderson Police Station, keeping them locked up until he took them to the morgue for the opening of the inquest that day.

Witness added that when he and detectives subsequently sieved the debris at the fire they found a signet ring and a large number of small bones. Witness was present when a grave was opened at Waikumete and a coffin removed with a plate inscribed "Gordon Robert McKay, died February 12, 1939, aged 43 years." The coffin contained remains which he took to the morgue.

Frederick Daniel Miller, hospital attendant, said that after a post-mortem on Mr. Shine's body he placed a crucifix and rosary around the deceased's neck. . Cyril Phelan, motor driver for the undertakers, and Edwin Stanley Bar-! ker, hearse driver, gave evidence concerning the burial of a casket bearing the name of McKay. The latter said that he recognised Talbot as one of those present at the funeral. CABLEGRAMS PRODUCED. William George . Leyland, inquiry J officer employed by the Postal and i Telegraph Department at' Auckland, said that the Minister in charge had authorised him to produce cablegrams endorsed by the sender as either "J." or "J. A." Talbot, of 14 Hardinge Street. Witness produced nine original cablegrams. One addressed to a Sydney solicitor read: "Gordon McKay burnt to death seaside cottage 1.30 this morning. Practically no remains. Leave informing family your judgment. Lost everything. Writing, fully to family. Signed, Jim Talbot." The fifth cable, addressed to John McKay, read: "Funeral yesterday. Inquest temporarily held up waiting family particulars. Have since arrived. Posting certificate as soon as possible. Thanks for remittance. Signed, Jim." The sixth cable, addressed to McKay, stated: "Police investigating possibility suicide or foul play. Companies employing two leading barristers here, presumably for inquest." Later a cable lodged the same day said: "Arranging counsel protect your interests. Please remit twenty pounds." The ninth cable said: "Received remit-' tance. Thanks. Please don't remit unless I send. May be home soon. Writing today."

Dr. Stephen Empson Williams, of the Auckland Hospital, described the post mortem on Patrick Shine and also a subsequent examination of charred bones found at Piha.

Mr. Terry: Was a surgical clip used by you at the post-mortem? Witness: No.

Mr. Terry: • That is, there would be no surgical clip in the skull when you concluded the post-mortem.;— No.

Mr. Terry: So that if a clip was found in the,skull at Piha it would.not be Mr. Shine's skull.—Not necessarily. Clips are used in other surgical procedures.

Mr. Terry: Was a clip used?— Not to my knowledge.

Mr. Terry: Did you make a detailed examination of the skull?— No.

Mr. Terry: You would know if a clip had been used?—Yes.

Mr. Terry: Would you express an opinion if a clip was used? —In my opinion a clip was not used. I saw no clip when I began the examination. EVIDENCE OF ANALYST. Kenneth Massey Griffin, Government analyst, Auckland, gave evidence of having received from the. police samples of clay from a garage at Mt. Albert and also from 29 cemeteries around Auckland. He found that the clay from the garage agreed itl diatems with the clay from Waikumete Cemetery. Subsequent tests showed that it agreed in every particular with clay taken from the grave of Patrick Shine. Witness also received from the police a cardboard 'box containing a quantity of soil and ashes ta.ken from where the bones of the deceased were recovered. Other specimens received were a wirewove mattress in a burnt condition, a quantity of burnt sacking, and wallboard. From the ashes the witness recovered traces of residue from a paraffin distillate, which was kerosene or benzine. The wallboard was composed of plaster of paris and would not burn. He examined markings on the bones and found that black material was fused iron, brown spots were iron oxide, and a green stain was iron sulphate. The iron was fused into the centre of the bone. The mattress had been fused at a number of places. The fusion of iron on to the bone and mattress could not take place in thej