TRIAL IN PIHA CASE

Southland Times, Issue 23825, 24 May 1939, Page 9

TRIAL IN PIHA CASE

EVIDENCE GIVEN FOR CROWN ’

Insurance Officials In Box

APPLICATIONS FOR LIFE POLICIES

(United Press Association)

AUCKLAND, May 22. The trial was continued in the Supreme Court of the two Australians, Gordon Robert McKay, aged 43, alias Tom Bowlands, wool and hide dealer

and James Arthur Talbot, aged 38, a labourer, on the charges on which they were committed for trial in \ the Lower Court, that on or about February 12 they wilfully set fire to a dwellinghouse, thereby committing arson and further that on or about February 10 they interfered with a dead human body. They were also charged with conspiring by deceit to defraud the Mutual Life and Citizens’ Insurance Company, Limited, Sydney, of £25,500 by repre-

senting that McKay was dead. Mr V. R. Meredith and with him Mr N. I. Smith, appeared for the Crown. Mr W. Noble defended McKay and Mr J. Terry defended Talbot. Wilfred Guild Lowrie, Customs clerk, produced a declaration showing that McKay and Talbot arrived at Auckland by the Mariposa on February 6. Talbot declared that he came as a visitor and McKay that he came on business. Maud Selina Mary Bishop gave evidence that she let a room to the two accused at £1 a week. The witness saw | McKay after he had his teeth extracted j on the following Saturday and made | him bread and milk. McKay said he and | Talbot were going to Piha, that he ] would not return, but Talbot would stop. On Sunday morning Talbot' returned with a friend named Jones who said McKay had been burned in a fire. Talbot seemed very upset. Mr Meredith: When did you next see McKay? Witness: In the Lower Court.

Mr Noble: Did McKay tell you he was going to Wellington to see the Prime Minister or anything like that?

Witness: No. Mr Noble: They only took the room for a week? Witness: Yes.

Cecil Bertie Shine stated that his brother, Patrick Shine, died in the hospital at the age of 54 years, on February 8. He saw the coffin screwed down and buried in the Roman Catholic portion of the cemetery. Gertrude Eleanor Sturt, a nurse at the hospital, said she helped to lay Shine out. His mouth was plugged with a handful of cotton wool. To Mr Terry the witness said that she was first asked to recollect the death of Shine after Talbot’s arrest. BURIAL OF SOLDIERS Charles Caradus Tyler, monumental mason, said while working at the cemetery on February 9, a man whom he now knew to be McKay approached and asked him where a soldier was being buried. Witness told him there were two. McKay said, “What? Are there two?” Tyler said he pointed out the two graves. McKay said it was a nice day • and walked towards the crematorium. He did not see McKay again. Cross-examined by Mr Noble, the witness said McKay was walking on

the asphalt path, but might have got some clay on his boots. Stephen Walter Tition, undertaker, told how he received the body of Shine and took it to the mortuary chapel. There was a string of rosary beads with a cross attached around the neck. The witness screwed the lid of the casket down. At that time there was no clay in the casket. Mr Smith, for the Crown: Have you any idea of the weight of the body and casket? Witness: I could not say. Frank Woodward, who does the general maintenance work at the cemetery, told how he assisted in lowering Shine’s casket into the grave, which he later helped to fill in. Mr Noble: Is there a caretaker at the cemetery ? Witness: Yes. His residence was in the grounds at the top. Mr Noble: Do they lock the gates at night ? Witness: No.

Mr Noble: Then anyone can come along in a car, snatch a body and run away with it? Witness: Yes. Mr Noble: No one could stop him? Witness: No. Mr Noble: What is the caretaker for ? Witness: Well, up to three years ago the gates were locked at night, but there were complaints about people being locked in and the sexton gave an order that the gates remain open. Mr Noble: A person can come in in a car and go right round at the dead of night?

Witness: Yes. Re-examined by Mr Smith, witness said the caretaker’s residence was a little over half a mile from the main gates. Trevor William Shine, son of Patrick Shine, detailed a conversation he had with McKay on February 9 in front of his father’s residence. He had never seen McKay before. He said: “Are you Mr Shine?” Witness said “Yes.” McKay said: “I have come to express my deepest sympathy,” and they shook hands. McKay asked if his father served in the Australian Forces. He said he thought he knew his father many years ago. He then said: “Did he have any trouble with his teeth.” Witness could not say. McKay asked if he had any false teeth or had he seven or eight teeth out. Witness said he did not know. Asked if he would go upstairs McKay said: “No I won’t trouble you now. You have enough worries.” Witness offered him. a lift to the funeral, but McKay said he would see him there.

Mr Meredith: Did you see him at the funeral? Witness: No.

Mr Noble: How many identification parades did you attend and how many times were you asked to pick out the man?

Witness: One. Mr Noble: Did you not attend two identification parades?

Witness: Yes, but when I said I attended one I thought you meant about McKay. I was at two altogether. Mr Noble: Is it not a fact that you picked Talbot out as the man who spoke to you? Witness: No, that’s wrong. William James Biggs, a builder, replying to Mr Noble, who asked would the fire go through the bach in a flash, said he did not think so. It was lined inside with fire-resisting board. After Dora Edith Brenda Hutchinson had given evidence about a visit paid to the bach by the two accused and a later visit to witness’s home to pay

the first week’s rent Mr Terry made a request that Mr Meredith should obtain evidence from witness with more particularity regarding what each of the accused did. “In my friend’s address yesterday he referred continually to ‘they said this and they said that’ and right throughout his leading of the evidence he has referred to the plural,” he said. “I think it important that he should ask witnesses what was done and which of the accused did it.” His Honour said he thought the request was fair and reasonable and added that the prosecutor had doubtless noted it. Questioned by Mr Noble whether, if the house was on fire and kerosene in the lamps inside was burning it would be likely that there would be a smell of kerosene about, the witness said she supposed so, but there would not be very much. Mr Terry: Was it McKay who took the lead in everything he had to do with you?—Yes. Talbot had very little to say.

LETTING OF BACH Thomas Braithwaite Hutchinson, a motor-driver, who, in the absence of his sister, hired the bach to McKay, said that McKay asked if the witness would consider letting it permanently, as he might bring his wife from Sydney. Evidence that Talbot called on her about hiring a garage on February 10 was given by Olive Keatley. Talbot said he had two cars, one new and one old, and wanted a garage because he did not want to leave the new one out. He said he had a friend who was looking for a garage and if he had not already taken one would return in the evening. Mr Terry: He made it clear that the taking of the garage was dependent on someone else? Witness: Yes. The hiring of her garage on Friday, February 10, by two men who she later

identified as McKay and Talbot was described by Mrs Eileen Hearting, of Avondale. After they took the garage Talbot put the bolt on the door. On 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 Hearting. “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 18 inches across.” Mr Meredith: What did you take it for?—l 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. After the men left the garage on

Saturday afternoon the witness went ; to the garage and found a sack and a long-handled shovel, practically new. It was not her shovel and she had never seen it before. There was some clay on the blade of the shovel. She also saw a purplish stain on the handle. The 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 first found it in the garage. ARRIVAL OF DETECTIVES “I saw a photograph of G. R. McKay in the newspaper on February 22 and as a result I communicated with detectives, who came out and took possession of the shovel and samples of a soil of a grey and dusty colour. It was dust off the garage floor,” said Mrs Hearting. Mrs Hearting said that she attended two identification parades and picked out Talbot and McKay. When she first saw the shovel it was covered with clay. A daughter of this witness gave cor-

roborative evidence. Evidence about the life insurance policies was given by Stanley Webster Coates, New South Wales manager for the Temperance and General Assurance Company, who said that he knew McKay. The witness said that towards the end of August last year McKay signed a proposal for £30,000 of life insurance, but as he was already insured in that office for £5500 the head office board decided to carry only a further £4500 bringing the total to £lO,OOO. McKay accordingly signed an amended proposal for £4500 on September 13. The company had a rule not to exceed £lO,OOO insurance on a single life. The witness said that he introduced McKay to the general secretary of the Mutual Life and Citizens Company for negotiations of the balance of £25,500. The new half-yearly premium amount- ' ed to £77 12/9. This new policy was

in force on February 12, so that if McKay died the company would have had to pay out the amounts assured, together with bonuses. ■ To Mr Noble, the witness said that a month of grace was endorsed on the policy. McKay had been insured with his company for £10,900 altogether. After McKay had had three medical examinations he paid the witness by cheque at the end of August the premium on the £30,000 policy, namely £547 11/6. McKay seemed disappointed at first when the witness said that he could not take more than £4500 additional, but was satisfied when the witness said he could arrange a further amount with another company. McKay had done business with his company for some years and had been satisfactory as a 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. NOTIFICATION OF DEATH Did you get formal notification from Westgarth and Company?—Yes. Generally it was a notification of the death of the assured 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.

The witness denied that the matter was put in the hands of solicitors at a very early date. The managing director of his company happened to be in Auckland at the time and all inquir-

ies were made here. He did not know what the contents of McKay’s last will were. He heard that it was in favour of his wife and children.

His Honour: You say that your company was paid £517 in respect of the first proposal?—Yes, sir. His Honour: The premium on the second proposal was £77. What became of the difference between the two?— That was made a refund and at his request it was made a cheque payable to the Mutual Life and Citizens’ Company in order to pay the balance of the premiums owed to that company. John Hindmarsh, assistant general secretary of the Mutual Life and Citizens’ Assurance Company Limited, of Sydney, said that on September 15 last he received a proposal for an insurance from McKay. The proposal (produced) was for £25,500 and was a whole life policy with half-yearly premiums of £539/17/6. He received a cheque for 1 that from the Temperance and General Company. Handed in by McKay, the proposal showed that McKay was insured for £5OO in the witness’s company, for £4OO with the Australian Mutual Provident Society and for £lO,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 14 for £25,500. The second premium of £439 was due on February 1, after which 30 days’ grace was allowed.

REQUEST FOR PARTICULARS The witness read a letter from Dudley Westgarth, solicitor, of Sydney, dated February 15, notifying his company of the death of McKay and asking particulars of the insurance. Mr Noble: That notification from Dudley .Westgarth is not a request for the insurance money. It merely informs you that they were applying for probate and seeking particulars of what insurance your company held?—Yes, it is not a request for the money. The money is not payable until both probate and proof of death are received. Where a solicitor advises us of death and he had a title we pay out. So there was no question of paying until death was properly authenticated in this case?—Obviously. What happened to the £439/17/6 McKay paid on 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 the company.

Were you the people who instituted inquiries about the death of McKay?— I cannot help you, since it is out of my province. I only know of it by hearsay. Do you know whether or not your company offered a reward for information as to McKay’s whereabouts?—l couldn’t say. Was any reward offered by your company?—l don’t know whether any money was offered or paid. I have no personal knowledge of it. If I told you that £5OO 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 that any money was paid that man?—l have no knowledge of it. Mr Noble: I don’t know either, but I have an idea. The hearing was adjourned.