Details of Insurance policies Given in The Piha Case

Northern Advocate, 24 May 1939, Page 8

Details of Insurance policies Given in The Piha Case

[Special to “Northern Advocate "l AUCKLAND, This Day.

.TTTHEN THE SUPREME COURT ADJOURNED YESTERDAY AFTER- ' 'NOON A TOTAL OF 24 WITNESSES OUT OF THE 41 FOR THE CROWN HAD GIVEN THEIR EVID ENCE IN THE PIIIA TRIAL.

The accused are Gordon Robert McKay, wool .and skins dealer, aged .43 (Mr Noble), and James Arthur Talbot, labourer, aged 38 (Mr Terry).

They are jointly charged with three oflcnt.es —improperly interfering with the dead body of Patrick Henry Shine, on February 10, wilfully setting fire to ,a. dwelling owned by Florence Jessie Thomas on February 12, and conspiring between February 6 and March 10 to defraud the Mutual Life and Citizens’ Assurance Company, Ltd., of Sydney, of £25,500 by the false pretence that McKay w.as dead.

Victor Cyril Naylor, police photo-L grapher, produced photographs which he took of a garage and house at 17, Ash Street, Avondale. Hiring of Garage, Eileen He,aiding, widow of 17, Ash Street, Avondale, said she knew Mrs Thompson, who keeps a confectionery shop at Rosebahk Road, close to witness’ residence. She remembered being in the living room of the shop on Sunday, February 10, and heard

someone come to the back of the shop. This was about 2.40 p.m. She did not see the caller until Mrs Thompson called her. She heard him ask Mrs Thompson if she knew of anyone with a garage to let. She said she had a friend with one and called witness into . the shop. A man she now knew as McKay was in the shop, and she went

with him in a car which Talbot was driving to her house. They had a : look at the garage, which had no windows. There was a side door as well as double doors on the front, but the

% side door w'.as nailed up. She told | them that they would need bolts and padlocks. Both accused left some I time after 3 p.m. Both returned to--1 v gether about 6 p.m. the same day. ? :j McKay said they had decided to take the garage, and asked her how much H she would charge. She said it would be 2/6 per week. McKay said it was 's■ very reasonable, and each put some--4 thing in and gave her 2/6. Mr. Meredith: Did you know £ whether the car was to be left there? — No. They asked me if I would mind |{ if they left something there. I said I did not so long as they kept it locked so the children couldn’t get in.

They said they might come in later, and asked if it would disturb those in the house. She said it would not matter.

They were at the garage for a while. Talbot put the bolt on the door. She never heard anything during the •might. On the Saturday morning at 8 o’clock the garage was closed and padlocked. “I looked through the gap between the doors and I saw there was no car in the garage,” said Mrs. Hearling. “I saw a bundle wrapped up in sacking. It was stitched up. It was lying on the floor of the garage. It was about sft in length, and a foot in height, and about 18in across.” Mr. Meredith: What did you take it for? —I thought it was bedding wrapped up. Did you see anything on the other side of the garage?—Yes, ,a smaller bundle covered over with a sack. Jury Views Car. Prior to the resumption of the hearing, the jury viewed a small sedan car of the same model as that alleged y to have been hired by McKay. Mrs. Hearling was still in the witness box when the hearing continued after lunch. She said she next saw ( McKay and’Talbot about 2.45 p.m. on the Saturday. McKay was driving the car out of her garage and Talbot was p closing the garage doors. The car /' backed out and Talbot ran to.wards 1= the car. McKay waved his hand. h Witness saw the car going towards Hosebank Road, which would take it | out on to the Great North Road. She. then went to the garage and »-v| * caw that the padlock had gone. She L went inside ,and found a sack and a long-handle shovel, practically new, lln the left-hand corner. It was not her shovel and she had never seen it before. There was some clay on the f blade of the shovel. She also saw a purplish stain on the handle, witness indicating the position of the stain as being about 12in from the blade. The r- shovel was not in the garage when the men hired it. Her nephew used the shovel in the garden, which was purely of dark soil, but this was after she iirst«found it in the garage.

“I saw a photograph of G. R. McKay m a newspaper on February 22 £ and as a result I communicated with (he detectives, who came out and ( took possession of the shovel and I samples of soil of a grey dusty colour, f It was dust off the garage floor,” said Mrs. Hearling. ' Mrs. Hearling said she attended two || Identification parades and picked out Talbot and McKay. W& Y * A Long Bundle. pi Margaret Francos Heading, aged 17. . a daughter of the previous witness. Itsaid she was at homo on Friday, FcbliFuary 10, at. a-quartcr to six, when the | accused came to take the garage. m She saw Talbot fixing something to | the outside of the door. Next morning | she looked through a crack, and saw |'hc car, but a sacking bundle about |!flve feet long, one foot high and 10 ; inches wide.

sp On the Sunday morning, she saw |the long-handled shovel in the garage. kLoter, she identified Talbot and McKay ;at different police parades.

Teeth Extraction. Gladys Marie Rollo, a dental nurse, gave details of the extraction of McKay’s teeth. She said he gave the name G. R. McKay, and the address of 14 Kardinge Street, Freeman’s Bay. He went into the surgery on February 11. He said he was from Australia, and would be in New Zealand indefinitely. He had a full upper and partial lower denture in his mouth. Nine lower teeth were extracted, leaving none in his mouth. Witness identified McKay at a parade on March 13. • Life Insurance Policies, Stanley Webster Coates, New South Wales manager for the Temperance and General Assurance Company, gave evidence regarding life insurance policies. Witness said that towards the end of August last year McKay signed a proposal for £30,000 of life insurance, but he was already insured in that office for £5500, and the head office decided to Carry only a further £4,500, bringing the total to £IO,OOO. McKay accordingly signed an amended proposal for £4,500 on September 13. The company had a rule not to exceed £IO,OOO insurance on a single life. Witness said he introduced McKay to the secretary of the Mutual Life and Citizens’ Company for negotiation of the balance of £25,500. The new halfyearly premium amounted to £77 12/9. This new policy was in force on February 12, so that if McKay died the company would have to pay out the amounts assured, together with bonuses. In reply to Mr Noble, witness said the month of grace was endorsed on the policy. McKay had been insured with his company for £IO,OOO altogether. After McKay had had three medical examinations, he paid witness by cheque, at the end of August, the premium on a £30,000 policy, namely. £517/11/6. McKay seemed disappointed at first when witness said he could, not take moi’e than £4500 additional, but was satisfied when witness said he could arrange the further amount with another company.

McKay had done business with the company for some years, and had been a satisfactory policy-holder. Mr Noble: You did not treat him as a man who was trying to rob your company, did you?—No. Mr Terry: When you learned of the supposed death of McKay, your company started making inquiries?—Yes. How did you come to hear of it?—l read it in the press first. ./Did you get a formal notification from Westgarth and Company?—Yes. Generally, it was a notification of the death of the accused, McKay, at Auckland, on a certain date, and notifying that a claim was being lodged, and that Westgarth was acting for the executor and executrix. Another Insurance Proposal. John Hindmarch, assistant-general secretary of the Mutual Life and Citizens’ Assurance Company, Ltd., of Sydney, said that on September 15 last he received a proposal for insurance from McKay. The proposal was for £25,500. and was a whole-life policy, with halfyearly premiums of £439/17/6. He received a cheque for that amount from the Temperance and General Company, handed in by McKay.

The proposal showed that McKay was insured for £SOO in witness’s company, for £4OOO with the Australian Mutual Provident Society, and for £IO,OOO with the Australasian Temperance and General Society. The proposal was for a further £25,500, making altogether £40,000. The proposal was issued on September 19 for £25,500. The second premium of £439 was due cn February 1, after which 30 days’ grace was allowed. Witness read a letter from Dudley Wcstgarth, solicitor, of Sydney, notifying his company of the death of McKay, and asking particulars of the insurance. Mr Noble: That notification from Dudley Wcstgarth is not a request for insurance money. It merely informs you that they arc applying for probate, and seeking particulars of what insurance your company held? —Yes. Policy Lapses. There was no question of paying on 1 until death was properly authenticated in this case?—Obviously.

Were you the people, who instituted the inquiry about the death of McKay? —There I cannot help you. since it is out of my province. I only know of it by hearsay. Reward For Information. Do you know whether or not your company offered a reward for information as to McKay s whereabouts? I could not say.

If I told you that the sum of £SOO was paid to a man named Jones for evidence which would implicate this man McKay, would you deny it?—No, I would not.

Do you know this man Jones?—He is just a name, so far as I am concerned. Well, there was a man named Jones who met McKay upon his arrival in New Zealand, wasn’t there?—Yes. Do you know if any money was paid that man?—l have no knowledge of it.

Mr Noble: I don’t know, either, bu I have an idea. Fire at Piha.

Frank Allan Fraser, storeman, said he had been at Piha with friends, and saw the accused arrive on February 11. They said they came from Australia. McKay said he had had some teeth out, and came out to recuperate. Witness next saw Talbot at 1.30 next morning, when he was running up the road, shouting: ‘‘Help, help! Won t somebody wake up? The bach is on fire.”

Flames were coming out of the eaves of the building and through the wall about floor level on a corner above the garage.

Somebody broke a back window, and witness tried breaking in the back door. The kitchen was full of smoko, but there was no fire. The place was completely burned down.

In reply to Mr Terry, witness said Talbot was very agitated at the time. Talbot tried to go into the bach, but somebody stopped him. Witness did not notice Talbot try to break down the door.

Re-examined by Mr Meredith, witness said he noticed a queer smell when he was opposite the burning building.

The court at this stage adjourned until to-day.

What happened to the £439/17/0 McKay paid in September of last year? —That will remain with the company, because the policy was not continued on February 1 of this year. The second premium was not paid, and the policy lapsed. The first year’s premium On any policy carried no profit to Hie company.