PIHA FIRE CASE

Manawatu Standard, Volume LIX, Issue 118, 19 April 1939, Page 10

PIHA FIRE CASE

LENGTHY EVIDENCE HEARD. VARIETY OF EXHIBITS. Per Press Association. AUCKLAND, April 18. The Lower Court hearing in the Piha fire ease was continued this afternoon before Mr C. R. Orr-Walker, S.M. The two accused. Gordon Robert McKay, alias Tom Rowlands, wool and skin dealer, aged 43, and James Arthur Talbot, labourer, aged 38, were jointly charged with improperly interfering with a dead human body, that of Patrick Henry Shine, in Auckland on February 10, and with wilfully setting fire to the dwelling-house of Frank Carow Thomas, thereby committing arson, in Piha on February 12. The arson charge was amended, making Florence Jessie Thomas owner of the bach. Accused were represented by Mr B. J. C. Sanderson for McKay and Mr .1. Terry for Tallmt. Detective-Ser-geant Nalder prosecuted, assisted by Dot ■etive-Sergca.nts J. Trethewey and Aplin. Arthea Graven, clerk, of Drive Yourself. Ltd., said that two men whom she identified as accused hired a ear for a, week on an agreement, made out, for and signed by Gordon B. 31 cKay. The car was taken out of the garage on Friday morning, February 10. and returned hv Talbot three davs later. The ear had travelled 182 miles and some small holes had been burnt in the hood, the damage being assessed at £3 bs. The ear was an 8 h.p. model, painted fawn, and having leather upholstery and two doors. Witness added that she recognised McKay in an identification parade on March 30 as Ihe man who hired (ho car. LETTING OF GARAGE. Eileen llcarling. widow, of Avondale, said she was in a confectioner's shop in Bosebank Road on the afternoon of February 10. She now recognised a man who came in‘o the shop inquiring for a garage as McKay. She agreed to let the garage at her home. McKay asked witness to show him where if was. She occupied the rear seat of a small car driven hv a man whom she now knew to tic Talbot. There were two double doors on the garage, but no window. Witness said that the next morning she looked at the garage. The doors were padlocked, hut there was a gap an inch wide between them. Looking through she saw a bundle quite live leet long wrapped in sacking. It was stitched up, and she thought it might he bedding rolled up. She also saw a smaller bundle covered with a sack. At about 3 o’clock in the afternoon she saw McKay hacking the car out into the street. He waved his hand to her. | Talbot closed tlm door and they drove away. After thev had left witness, looked in the garage, and saw that the (wo bundles had gone, and also sawn long-handled shovel. which was not hers and seemed practically new. There was clay on 111" face of the shovel. She did not see the two accused again after that day. On February 22 she sa.w DetectiveSergeant Trefhewev take possession of the shovel and gather some clay off the garage door. There was no clay like that, found in the garage on witness’s section. She also saw the detective take possession of qi old saek. 31rs Hearling added that she saw a photograph of McKay in a newspaper on February 22. and recognised it as being that of the man who hired the garage. Up to then she had not known his name. ARTICLES DESCRIBED.

The first new witness called in the afternoon's session was Margaret, Frances Hearling, daughter of the previous witness. The garage at her home was let on February 10. she said She arrived home from work at 5.45 p.m. and soon after tea she looked through the kitchen window and saw two men. She now knew them to be the two accused. 3Yhen she first saw them McKay was standing outside the garage and Talbot was fixing something at the top of the doors of the garage. She saw no more of the men that, night. tYitness did not go to work the following morning. Saturday. At 9 a.m. she noticed there was a padlock on the doors. On going over to the garage with her mother she looked through a crack l>etween the doors. “I saw no car in the garage, but on the left-hand side 1 saw a bundle lying against the wall,” continued witness. “It looked to be tightly wrapped in sacks. I did not notice any stitching. The bundle would he about sft long, about 18in wide, and a foot high above the ground. On the other side I saw another bundle. It seemed to be a sack thrown down there. The same day about 3 p.m., when I was going out, the garage doors were open and there was a car inside. It was a small buff-coloured ear. There was no one in the garage as far as I could see. I did not then notice the bundle on the ground.” Witness was walking along the road where she lived when the car passed her. Sho could see McKay and Talbot in the car. She next noticed the garage on the following morning, Sunday, about 8.30. The doors were partly open and the padlock was missing. In the left-hand corner of the door was a new shovel. She had never seen it there before. It did not belong to witness’s household. On -Saturday, ALa-rcli 11, witness saw a “line up” of men from which she picked out Talbot. On March 24 she attended another identification parade, when she identified McKay. As he had an urgent matter to attend to, Constable Noel Arthur Petersen was called out of sequence. He said that on February 14 he saw Talbot at the Auckland Police Station, when Talbot gave him a short statement regarding the family of Gordon Robert McKay, who was alleged to have been burnt to death in Piha in the fire two days earlier. Detective-Sergeant Nalder: Was there any mention of funeral expenses ? Witness: Yes, he said he had communicated with McKay’s brother about his death, and the brother had cabled £3O to cover funeral expenses. He said it was the brother’s wish that the remains should lie cremated. RENTING OF BACH.

Thomas Braitlnvaite Hutchinson, whose sister owned land in Film, said McKay came to see him about renting a bach. He gave his name as McKay and said he. was going to have his teeth out and that he wanted a nice quiet place to rest in. He said that if he liked the place he might stay on indefinitely, as he would like to bring his wife and family from Sydney. McKay decided he would go and have a look at the bach. Talbot was with McKay when they later agreed to take the bach. “In tlie garage at the bach on the Sunday I was there a four-gallon tin of kerosene was standing on the floor, about three parts full,” witnes stated. “On a eoncerte slab on the floor was a two-gallon benzine tin about half full of benzine.” Witness said these tins were similar to two produced in Court. A four-gallon tin also produced was not on the premises on the Sunday he was there. . “I remember a man who gave Ins name as G. R. McKay coming in for professional attention on February 11, said Gladys Marie Folio, dental nurse employed by Howey "Walker. tlo

came in about J 0.30 a_.ni. and gave his address as 14 Hardinge Street. He said lie was from Australia and was here in New Zealand indefinitely.” Witness identified the man us McKay. He was wearing a full upper denture and partial lower, but when nine teeth were extracted from the lower jaw he had no teeth left. What he knew of the fire which destroyed the bach was told by a storeman, Frank Allan Fraser, who said that in February he was occupying a bach in Pilia about 100 yards from that owned by people named Thomas. The day before the fire he saw two men arrive in a small car, pulling up at the gates of the Thomas bach and then taking the car into the garage. He recognised the two men as accused Talbot and McKay. Later in the day, between 6 and 6.30 p.m., witness was spoken to by the men at the corner of the road. McKay wanted to know whether the dark sand dirtied one’s clothes or not, saving they were visitors from Australia and were used to white sand. “1 noticed he bad bis teeth out and was bolding bis handkerchief no to his mouth,” w : tness continued. “He said he bad had Ids teeth out. that day and was not. feeling too well, and that he and bis mate bad come out for a few days while he recuperated. They went to the Thomas bach and that was the last I saw of them that night. FI RE DESCRIBED.

“About 1.30 next morning I was awakened by Talbot shouting down the street. He was saying ‘Wake up! Wake up! Won’t somebody wake up? Tin? I bach is on fire ’ I put on my coat and went, down to the Thomas hacli with Talbot, who was dressed in pyjamas ami had hare feet. 1 could ! see the bach was on fire. Flames were coming out of the eaves and out of the window over the garage. The fire was strongest in the room over the garage.” Ho went round to the door, where there was a man named Thurston and j another man. Witness said Thurston was from one of the other baches. The door was locked, hut Thurston broke it in with an axe and witness could sec flames in the room over the gar 'age. The fire was spreading out toward the kitchen. Talbot put a wet sack lover bis bead and tried to enter, but 'someone restrained him at the doorjwav. , S Andrew Littlejohn Sutton, another I Film resident, gave similar evidence. He said that going toward the fire in the -Thomas Imch he noticed a strong smell of kerosene. It could he smelt about To yards from the fire, which : semed to have the strongest hold in the room over the garage. Witness .heard Talbot say, “Say, my cobber, be | is in there. Corroborative evidence was given by Douglas M. Thurston. another Film j resident. “T had hoard from a woman | there was a habv in the bach." witness stated. “When Talbot arrived 1 asked ; irm who was in the bach and he said, ‘Mv mate, my mate.’ ” The flames which issued from the scat of the fire were bluish white and very fierce, witness said. When he went home at 3 o’clock in the morning there were only embers left to show where the hacli had stood. At this stage the hearing was adjourned till to-morrow. Out of 40 witnesses to he called by the police, 23 were heard. Their testimony filled 36 typed foolscn.p sheets. Mam- exhibits were produced, their character ranging from a long-handled shovel, sacking, rugs, fuel cans, and other metal oddments which had been through the fire to a pair of spectacles, several documents, photographs, a builder's plan and a large boxful of small articles in envelopes. ft. is expected that, short of unforeseen circumstances, the hearing will conclude to-morrow.

SECOND DAY'S HEARING. STATEMENT PRODUCED. Per Press Association. AUCKLAND. April 19. The hearing was resumed to-day of the joint charges preferred against Gordon Robert McKay, wool and skin dealer, aged 43, and James Arthur Talbot, aged 38, both of Australia. The first witness was Constable Pollard, of Henderson, who arrived at Piha at G 30 in the morning of Sunday, February 12. The bacli fire was still smouldering. 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. He covered the remains with two cement bags. lie interviewed Talbot at Winter's place. Witness produced a statement signed bv Talbot in which lie said that lie and McKay had come from Australia with a view to opening a business in New Zealand. McKay had trouble with teeth and on the Saturday had several extracted. They had come to Piha for a few days’ vest. He (Talbot) went to Auckland to keep an appointment and returned at 11.30 p.m. and gave McKay a cup of tea in bed. He did not see him again. He was awakened about 1.30 a.m. by a noise. The two back rooms were full of smoke, and when he opened the door to McKay’s room it was full of flame. Ho callec? 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 Tallint stated he had no doubt that the fire had started in McKay’s room, as flames were coining through the joints of the door and underneath. Mr Sanderson (for McKay): T ask Your Worship to take notice of my formal objection to the admission of that statement as evidence aginst McKay. Mr Orr-Walker, S.M.: Yes, Mr Sanderson. Witness said Talbot’s hair and eyebrows were singed and his face was very red. Witness took the bones in a box 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, also a large number of small hones. 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 con- ( tained remains which he took to the morgue. Frederick Daniel Miller, hospital attendant, said that after the post-mor-tem examination on Shine’s body he placed a. crucifix and a rosary around deceased’s neck. Cyril Phelan, a motor driver for undertakers. and Edwin Stanley Barker, a hearse driver, gave evidence concerning tile burial of a casket hearing the name of McKay. The latter said he recognised Talbot as one of those present at the funeral. TEXT OF MESSAGES. William George Ley land, an inquiry officer employed by the Post and Telegraph Departnient at Auckland, said j 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 rear] : I “Gordon McKay burnt death seaside [collage 1.30 this morning. Practically

no r cm.'tins. Leave informing family vour judgment. Lost everything. Writing fully to family, Signed, Jim TalA fifth cable addressed to John McKay read: “Funeral yesterday. Inquest temporarily held tip waiting family particulars. Hare since arrived. Posting certificate as soon possible. Thanks for remittance. (Signed! Jim.” The sixth cable addressed to McKav stated: “Police investigating possibility suicide or foul play. Companies employing two leading barristers here, presumably for inquest.” A later cable lodged the same day said : “Arranging counsel protect your interests. Please remit twenty pounds.” A ninth cable said : “Received remittance. Thanks. Please don’t remit unless T send. May be home soon. Writing to-day.” ANALYST’S FINDINGS. Kenneth Massey Griffin, Government analyst at Auckland, gave evidence that he had received irom the police samples of clay from a garage at Mt. Albert, also from 29 cemeteries around Auckland. He had found that the clay from the garage agreed with the clay from the Waikumete Cemetery. Subsequent tests showed that it agreed in every particular with the clay taken from the grave of Patrick Shine. Witness had also received from the police a cardboard box containing a quantity of soil and ashes taken from where the bones of deceased were recovered. Other specimens received a wirewove mattress in a burnt condition, a quantity of burnt sacking and wallboard from the ashes. Witness had recovered traces of residue from a paraffin distillate, which was kerosene or benzine. The wall board was composed of plaster ol paris, and would not burn. He had examined markings on the hones and had found that the black material was fused iron, the brown spots were iron oxide, ■nid the 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 the iron on to the hone and Hie mattress could not take place in the burning of an ordinary wooden house, and the conditions suggested that some chemical such ns thermite had been used.