SENTENCE PASSED

Timaru Herald, Volume CXLVI, Issue 21361, 2 June 1939, Page 14

SENTENCE PASSED

The Piha Fire Mystery Four and Two Years Respectively By Telegraph—Press Association AUCKLAND, June 1. Gordon Robert McKay was to-day sentenced to a total " tour years’ imprisonment, and James Arthur Talbot two years, for their participation in the Piha fire case. The sentences were imposed by Mr Justice Fair. McKay was sentenced to twelve months’ gaol for improperly interfering with a dead human body, and Talbot to six months. On the arson charge McKay was sentenced to three years’ gaol, and Talbot eighteen months. Both sentences aie cumulative. There was a gathering of about two hundred members of the public. A feature of Mr Justice Fair's comment in passing sentence was the manner in which he brushed aside a plea by McKay’s counsel (Mr Noble) that the fact that there had been a conspiracy charge should be disregarded in assessing the penalty. His Honour said it would be unreasonable and against commonsense to eliminate considerations relating to that charge, even though the accused men had been found not guilty by the jury. Mr Terry, speaking on behalf of Talbot, said that perhaps the most dramatic feature of an unusual and unprecedented trial was the emphasis with which the foreman of the jury i ecorded their recommendation in the verdict against Talbot. The term "very strong recommendation 10 mercy’’ coupled with record deliberations of five hours and three-quarters warranted the belief that the jury was of the opinion that Talbot’s connection with the crimes involved a minimum degree of culpability. Counsel suggested that the totality of the testimony amply supported the obvious implication of the jury's rider. A comparatively young man, Talbot laboured under the disadvantage of little education, and commenced vork as a hawker and later as ~ storeman. Later still he became Involved in an association which had largely contributed to his present unfo-tun'ite position. The jury had negatived the charge of conspiracy and his Honour had undertaken to give the fullest weight to its favourable '•ecommendation.