PIHA CHARGES

Greymouth Evening Star, 18 April 1939, Page 7

PIHA CHARGES

HEARING COMMENCED KEEN PUBLIC INTEREST [per PRESS ASSOCIATION.] AUCKLAND, April 18. The hearing of the joint charges against the two Australians, James Arthur Talbot, 43, labourer, and Gordon • Robert McKay, . 47, alias Tom Bowlands, wool and skin dealer, begun in the police court, to-day, before Mr. C. R. Orr Walker, S.M. They were charged that, on or about Februarj r 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. Interest in the hearing is intense,

hundreds of people waiting outside the Court from an early hour, hoping to gain admission. Forty witnesses have been briefed, and the hearing is expected to last two days. There was a hush in the crowded Court when the names of McKay and Talbot were called. Detective-Ser-geant Nalder prosecuted. Mr. R. C. J. Sanderson appeared for McKay, and Mr. J. Terry for Talbot. Mr. Terry asked that all witnesses, with the exception of Detective-Ser-geants Alpin and Trethewey, also De-tective-Sergeant Alford, of Sydney, should be ordered to remain out of Court. The request was granted. Mr. Terry made a further application, which, he said,. might be unusual, namely, that the S.M. should invoke his powers under the Justices of the Peace Act, concerning the place where the examination is taken, other than in open court. He asked that the publication of evidence at the preliminary inquiry be prevented. The S.M. declined the request. The first witness, Gertrude Eleanor Sturt, a nurse at the Auckland Public Hospital, said that Shine was admitted on January 7 last, and died on the morning of February 8. He was thin and emaciated. She laid him out after his death. He had no teeth in when he died. A large quantity of cotton wool was used, on that ..account, in plugging the mouth. Cecil Bertie Shine, retired, said

that his brother, Patrick Henry Shine, was 54 years of 'age. He served in the wax’ with the 38th Battalion of the Australian forces. Immediately before the funeral, which witness attended, he saw the body of his brother- in the casket, and witnessed the screwing down of the lid. He saw the casket lowered into the grave, and saw the grave-diggers commence to fill in the grave. Before death, his brother was very thin and emaciated. I had never seen a man so thin,” he added-fe■ . Stephen Walter Tilton, funeral director, said that he noticed a string of rosary beads, with a Cross attached, round the neck of Shine’s body. He coxlld not say if there was a ring on the finger. The screws with which he screwed down the lid were the same as those produced by DetectiveSergeant Nalder. There was no clay in the casket. He saw the casket buried in the Catholic portion of the soldiers’ and sailors’ section'of the Waikuxnete Cemetery.

Charles Caradus Tyler, monumental mason, said that he remeipbered the burial of two returned and Cherry, on February 9. '• 'With others, lie'was working close to Cherrys grave. Detective-Sergeant Nalder: Did anyone approach you? Witness: Yes, a man came from the main gate, and approached me. Detective-Sergeant Nalder: Do you know* that man? Can you see him in Court? ‘ Witness, pointing to the accused, McKay: Yes. He is that man. Detective-Sergeant Nalder: Did McKay speak to you? Witness: Yes. He said, “Where is the soldier being buried to-day?” I said, “Which one?” He said, “Are there two?” I said, “This is Cherrys. The other is being buried this afternoon.” I indicated each grave to him. The S.M.: Was Shine’s name mentioned? .* « Witness: No. DetectiVe-Sergeant Nalder: Wa.» there any other conversation? Witness: No, except that he made a remark about it being a nice day. Witness said that he attended an identification parade at the Central Police Station, on April 15. From a number of men lined up he identified McKay as the man who talked to him at Waikumete.

Maud Selina May Bishop said that she let rooms at her house in Harding Street. A man named Ku Jones called on February 6, with the accused Talbot and McKay, stating that they had just arrived by boat. They took a double room, with two beds, for a week, at £1 weekly. Talbot paid, and asked if there would be any rebate if they did not stop for a week. Witness replied in the negative. McKay was not present when Talbot asked that question. On Saturday morning, February 11, McKay had his teeth out’ She made him bread and milk, and took it into his room. He said that they were going to Piha. Talbot would be returning, but he (McKay) would not. She did not see 'McKay again until the othei day. She saw Talbot on the Sunday after, when Jones brought him back. Detective-Sergeant Nalder: Was anything said? Witness: Mr. Jones told me about the fire, and said that the gentleman

had been burnt. He was very upset, and so was I. . Witness added that Talbot, who said nothing then, continued to stop at her place, taking a room upstairs. Wilfred Guild Lowrie, Customs clerk, produced documentary evidence of the arrival of McKay and Talbot by the Mariposa, on February 6. ‘Trevor William Shine, single, employed on a fishing vessel, and a son of the late Patrick Shine, said that on February 9, he took a wreath to the home in Wellesley Street West, where his father died, and his stepmother lived. When he arrived he saw a friend' of his, Allan Viskovich, with another man, in front of the house. Detective-Sergeant Nalder: Do you know who the other man was? Witness: Yes, it was the accused McKay. I was told by Viskovich that a man wished to speak to me. After taking the wreath, I returned, and McKay put out his hand and said, “Are you Mr Shine?’.’ Detective-Sergeant Nalder: Was

any mention made as to when your father died?'. Witness: Yes. He asked when my father died, and I said on the day before. , , x . Witness said' that he asked the man his name, and he replied, “Never mind. We won’t worry about that. Detective-Sergeant Nalder: Was anything else said? Witness: Yes. He backed away from me. He seemed pretty anxious. He said “Cheerio!” and went towards Freeman’s Bay. He was wearing a dark suit, and darkened glasses, hornrimmed, similar to the pair produced. Detective-Sergeant Nalder: Did you see him at the funeral, that day ? Witness; No. I was looking for him, but did not see him. . Witness said that he subsequently picked out McKay at the identification parade at the police station. The date of his father’s death was published in the morning newspaper. (Proceeding )