THE PIHA CASE

Manawatu Standard, Volume LIX, Issue 117, 18 April 1939, Page 7

THE PIHA CASE

LOWER COURT HEARING. TWO MEN CHARGED. INTENSE INTEREST. Per Press Association. AUCKLAND, April 18. The hearing of the joint charges against two Australians, James I Arthur Talbot, aged 43, a labour- | er, and Gordon Robert McKay, aged 47, alias Tom Rowlands, a wool and skin dealer, was begun in the Police Court to-day before Mr C. R, Urr-Walker, S.M. They are charged that, on or about February 12, at Riba, they wilfully set fire to a dwelling house, thereby committing the crime of arson: and, further that oil 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 for two days. There was a hush in a crowded Court when the names of McKay and Talbot were called. Detective-Sergeant Nalder prosecuted, Air R. C. J. Sanderson appeared for McKay, and Air J. Terry for 'Talbot.

Air Terry asked that all witnesses, with the exception of Detective-Ser-geants Alpin and Tretlicwe.v, also De-tective-Seigeant Alford, of Sydney, he ordered to remain out of Court. The request was granted. Air Terry made a further application which lie said might he an unusual one, namely, that the Magistrate invoke the powers under the Justices of the Peace Act concerning the place where an examination is taken other than in open Court. He asked that the publication of the evidence of the preliminary inquiry he prevented. The Alagistrate declined the request.

The first witness. Gertrude Eleanor Sturt, a nurse at the Auckland Hospital, said 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 death. He had no teeth in when lie died, and a large quantity of cotton, wool was used on that account in plugging his mouth. Cecil Bertie Shine, retired, gave evidence that his brother. Patrick Henry Shine, was aged '34 and h-vl served in the AVar with the 3Stli Battalion nt the Australian Forces. Immediately before the funeral, which he 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 gravediggers commence to fill in the grave. Before his death his brother was very thin and emaciated. “I never have Venn a man «o thin.” he added.

Stephen AValter Tilton, funeral director. coroborated this evidence. He had noticed a string of rosary heads with cross attached round the neck of Shine’s body. He could not say if there was a ring on the finger. The screws with which lie screwed the lid were the same ns those produced by Detective Nalder. There was no clay in the casket then. He saw the casket buried in the Catholic portion of the soldiers’ and sailors’ section of the AYaikumete Cemetery. CONVERSATION RECOUNTED. Charles Oaradus Tyier, monumental mason, said he remembered the burial of two returned soldiers, Shine and Cherry, on February 9. With others he was working close to Cherry’s grave. Detective Nalder: Did anyone approach you ? Witness: Yes. A man came from the main gate and approached me. Detective Nalder: Do you know that man? Can you see him in Court? AVitness (pointing to accused McKay): A'es. He was that man. Detective Nalder: Did AlcKay speak to vou?

AVitness: Yes. He said., “Where is the soldier being buried to-day?” L said, “Which one?” He said. “Are there two?” I said. “This is Cherry’s. The other is being buried this afternoon.” T indicated each grave to him. The Alagistrate: AYas Shine’s name mentioned ? AVitness : No. Detective Nalder: AYas there any other conversation ? Witness: No. except that he made a remark about it being a nice day. AVitness said he attended the identification parade at the Central Police Station on April 15. and from a number of men lined up identified AlcKay as the man who talked to hint at Waikumete.