OPENING OF GRAVE

Waikato Times, Volume 124, Issue 20784, 19 April 1939, Page 8

OPENING OF GRAVE

CONSTABLE’S ACCOUNT

ARTICLES FOUND IN DEBRIS Though the case was not set down until 10.30 a.m. a small crowd began to collect outside the public entrance of the Supreme Court before 9 a.m. and at 10 a.m. when the doors were thrown open there was a rush for vantage points inside the courtroom. Indicative of the interest taken in the case was the action of two smartlydressed women who, shortly after 9 a.m., gained access to the courtroom by way of the rear entrance. Their inspiration, however, was not rewarded, the court orderly turning both back outside to take their place In the queue. Once again the crowd was predominantly men and those mostly of middle age. As occurred yesterday, several minor police prosecutions were heard before the resumption of the case. Among the 15 witnesses still to be heard are Kenneth Massey Griffin. Government analyst, Drs. Stephen Empson Williams, Walter Gilmour and Edgar Francis Fowler (the two latter detective-Sergeant W. L. C. Alford, of Sydney, and John Hindmarsh, an insurance officer, also of Sydney. The last witnesses will be Detective Sergeants J. Tretheway and F. N. Aplin, of Auckland. Skull and Bones The first witness to be called this morning was Constable Frederick Pollard, of Henderson. On information received he went to Piha on February 12, arriving at 6 a.m. He visited the scene of the fire. The building was completely burned down. Witness searched for human remains and he noticed a patch in the embers still burning. He examined it for human remains. He emptied seven buckets of water on the patch. He then made a closer examination and saw a human skull and other bones. •‘I put two old cement bags over the remains,” said witness. "and then ■went away and interviewed Talbot. I was introduced to him and asked him for the circumstances of the fire. I typed down his explanation.” Witness produced a statement signed by Talbot in which Talbot said he lived at Burwood. Sydney, with McKay. They came to New Zealand to open a business at Auckland. They met a Mr Ingram Francis Jones. McKay had recently been having trouble with his teeth, the statement went on, and arranged to rent a bach to recuperate. He did not know who the owner was. Talbot’s Statement

On the night of the fire Talbot returned from Auckland after 11 p.m. and took a cup of tea to McKay, who was in bed. Talbot retired about 12.15 a.m. and was awakened after 1 p.m. by the fire. He heard no cries from McKay and thought he had been quickly overcome by the Games. He could not go into McKay's bedroom. Talbot lost all his effects and had not a farthing. McKay, the statement added, had £2OO in notes on his person when the fire occurred. Neither had any liquor prior to the outbreak. In the statement Talbot said McKay was smoking when he (Talbot) retired.

Formal objection to the admission of the statement as evidence against McKay was lodged by Mr Sanderson and was noted by the magistrate. After taking the statement, witness continued, to Mr F. H. Levien. S.M.. who was actine-coroner at the time, and then relumed to the scene of the fire with a box. in which he placed the human remains he found. He then returned with the box to the Henderson Police Station, there putting it under lock and key. Next morning. February 13, he took the remains to the morgue, where he again saw Talbot. An inquest was opened by Mr Levien. Talbot gave evidence and the inquest was adjourned sine die for further inquiries. The coroner ordered the remains to be left in charge of the morgue attendant. Position of the Remains Returning to the question of the scene of the fire, he detailed the position of the remains with reference to the house walls. The remains were lying on a wire woven mattress in the room over ttye garage. Just after noon on February 16 witness accompanied Detective-Sengeant Aplin and a constable to Piha where witness, under Mr Aplin’s directions, sieved the remains of the fire from the human remains. This sieving continued until February 19. At 3.30 p.m. on February 16 he found a signet ring he handed to Mr Aplin. The ring was found quite close to the spot where the human remains were discovered. A large number of small hones and pieces of burned bone were also found during the sieving. After the sieving of the debris was completed, witness swept all places adjacent to where the building had stood an sieved the sweepings. Everything was minutely gone through and everything went through the sieve or the hands. Bones were found on February 16. 17 and 18 and all these boDes were found 'about where the original remains were discovered. £jve pieces .of bane

were found just inside the front gate at 5.30 a.m.

On February 23-witness was at Waikumete Cemetery when Messrs Tretheway and Aplin opened a grave. Witness saw a comparatively new coffin raised from the grave and he saw McKay's name and age oh a name-plate on it. He saw the lid removed and inside was the box with the remains which he had removed from the scene of the fire on the occasion of his first visit. Messrs Tretheway and Aplin took possession of the box. When witness interviewed Talbot at Piha he (Talbot; made no mention of any insurances and no mention was made by T albot of insurance at the opening of the inquest.

To Air Terry, witness .said the evidence given at the inquest by Talbot was substantially that contained in the statement read in court to-dav.

At the conclusion of his evidence witness added that the skull was a broken one and contained ”a mushy substance.”

Mr Terry: In what way was it broken?—Part of the top was missing altogether. The mushy substance was where the brain should be.

Bones on Garage Site

John Oxspring, storekeeper of Piha, said on February 12 he passed the Thomas batch at dusk and again at about 9.15 p.m. He saw no lights at that time. Early next morning at about 1.45 when returning home from playing cards with neighbours he saw a reflection or the flames. He went down to where the fire was and it was then burning fiercely. There was no chance of getting in.

lie saw Talbot in Piha Hie next day in a light car and did not see him back lin Piha again. On February l i he visited the scene of the fire and found live pieces of bone, the largest about 6 inches long. He picked the pieces | up very close to where Constable Pol:lard was searching. The bones were jfound about where the garage had I been. He placed them on a piece of j tin and put them in some bushes close to the gate. He also found screws, bolts and a padlock, which he handed to Mr AjJlin,