TATTOOED ARM

New Zealand Herald, Volume LXXII, Issue 22210, 10 September 1935, Page 10

TATTOOED ARM

BRADY ON TRIAL CHARGE OF MURDER DELAY IN CHOOSING JURY INTENSE PUBLIC INTEREST OPENING OF EVIDENCE By Trlrjrrnph—Press Association—Copyrifc'ht (Received September 9, 10.5 p.m.) SYDNEY. Sept. 9 Tho trial of Patrick Brady, shearer, who is charged with the murder of James Smith, one of whose tattooed arms is alleged to have been that which was disgorged by a shark in the Coogee Aquarium on April 25, was commenced this morning. |ntense public interest is being take in the case. A considerable time was spent in empanelling the jury. Brady exhausted his right to challenge. Challenges by tho Crown exhausted tho panel before tho requisite number of jurymen had been obtained. At 11.30 a.m., endeavours were still being made to complete this initial step in tho proceedings. Th'o empanelling of the jury was eventually completed at 12.10 p.m. The jury then retired while the admissibility of certain evidence was argued. Non-Admissible Evidence Detective-Sergeant Allmond stated that at Brady's request the latter had been shown two statements made by the late Mr. Holmes. Brady had said the first statement was "all lies," but had said the second was "all right." Witness said that Brady's demeanour when he was reading the first statement was as usual, but when he road the ..second "1 noticed that his face changed colour and ho appeared shaky. His hands were shaking and his voice quivering." Mr. Evatt, for Brady, sgid this evidence was denied by the defence. Chief Justice Jordan said that in his view it was impossible to construe these words as an admission and, as regards Brady's demeanour, anyone would bo likely to turn pale. "It seems to me that if the evidence rests on this," said His Honor, "I should reject it as far as these statements are concerned." The Crown Prosecutor, Mr. McKean, said this decision had ''thrown him out of gear a little." At his request an adjournment was granted till the afternoon. ' Question of Withdrawal From Jury After the adjournment the Crown Prosecutor announced that the case would go on. He then proceeded to outline tho evidence> and said that in view of certain legal argument which had taken place during the jury's absence the case depended entirely upon what .was termed circumstantial evidence. It was competent for the jury to return a verdict of manslaughter, bub in his opinion it was. murder or nothing. At the conclusion of the Crown Prosecutor's observations Mr. Evatt submitted that the case should be taken from the jury. > His Honor replied that there was no practice whereby a case could be taken frqm a juryyon a prosecutor's opening. Mr. Evatt: There is a precedent. The Crown Prosecutor: There is not a reported case of any precedent. I did not open in any detail and certain facts may come out during the progress of the case. I suggest that the jury should hear the evidence. His Honor: Unless the Crown asks me I do not propose to withdraw the case. . The hearing of evidence was then begun. Tho case was adjourned until to-morrow. Investigations by Sydney detectives following the disgorging of a tattooed arm by a shark in the Coogee Aquarium on April 25 led to the arrest, on Mav 15, of Patrick Brady, shearer, on a charge of murder. The arm had been positively identified as that of James Smith, aged 40, a billiard marker, of Gladesville, who had disappeared from lis home on April 8. A sensational sequel to this was tho idiscovery on June 12 that Mr. Reginald Holmes, who was to have been the •principal witness for the police at the inquest into the presumed death of Smith had been fatally shot in his car at Dawes Point, Sydney. On May 20 JVIr. Holmes had been the central figure in an extraordinary harbour chase when, although wounded in the head, he eluded the water police in his speedboat for more than four hours. The police believed that Mr. Holmes was murdered by the man who had wounded him,on May 20. In the Supreme Court on June 24 Mr. Jutstice Halse Rogers made absolute a rule sought on behalf of Brady for a prohibition restraining tho coroner from proceeding with tho tattooed arm inquest. His Honor said he was of the opinion that the limb produced could not ho called a body. At the conclusion, on July 16, of the subsequent magisterial inquiry, however, Brady was committed for trial.