THE PIHA CASE

Wairarapa Times-Age, 24 May 1939, Page 2

THE PIHA CASE

SUPREME COURT TRIAL EVIDENCE OF CROWN WITNESSES. A MYSTERIOUS BUNDLE. (Bv Telegraph—Press Association.) AUCKLAND, May 22. In the Supreme Court this afternoon the trial was continued of two Australians, Gordon Robert McKay, aged 43. alias Tom Bowlands, wool and hide dealer, and James Arthur Talbot, aged 38 labourer, on charges that, on or about February 12, they wilfully set lire to a dwelling-house, thereby committing arson, and that, on or about February 10, they interfered with a dead human body. They were further charged with conspiring by deceit to defraud the Mutual Life and Citizens Insurance Company, Limited, Sydney, of £25,500 by representing that McKay was dead. Mr V. R. Meredith, with him Mr N I Smith, appeared for the Crown, and Mr W. Noble defended McKay and Mr J. Terry defended Talbot. Trevor William Shine, son of Patrick Shine, detailed a conversation he had with McKay on February 9 in front of his late father’s residence. He had never seen McKay before. McKay, he said, asked, “Are you Mr Shine?” Witness said, “Yes,” and McKay said, “I have come to express my deepest sympathy,” and shook hands. McKay asked if witness’s father had served in the Australian Forces and said he thought he knew witness’s father many years ago. He then said, . “Did he have any trouble with his teeth?” Witness could not say. McKay asked if witness’s father '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.” The hiring of her garage on Friday, February 10, by two men, whom she later identified as McKay and Talbot, was described by Mrs Eileen Hearlmg. Avondale. After they took the garage Talbot put a bolt on the door, she said. On Saturday morning at 8 o’clock the garage was closed and padlocked. “I looked through a gap between the doors and I saw that there was no car in the garage,” said Mrs Hearing. “I saw a bundle wrapped up in sacking. It was stitched up. It was lying on the floor of the garage. It was about five feet in length and a foot in height and about 18 inches

across.” 1 Mr Meredith: What did you take it for? Witness: I thought it was bedding wrapped up. z - , ~ 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 the Saturday afternoon 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. “I saw a photograph of G. R. McKay in a newspaper on February 22, and, as a result, I communicated with detectives, who came out and took possession of the shovel and samples of soil of a grey, dusty colour. It was dust off the garage floor,” said Mrs Hearling. When she first saw the shovel it was covered with clay. Dora Edith Brenda Hutchinson gave evidence about a visit paid to the bach by the two accused and a later visit to her home to pay the first week’s rent. , „ Questioned by. Mr Noble whether, if the house was on fire and kerosene in lamps inside was burning, it would be likely that there would be a smell of kerosene about, the witness said that she supposed so but there would not be very much. Mr Terry: Was it McKay who took the lead in everything they had to do with you?—Yes. Talbot had very little

to say. . Thomas Braithwaite Hutchinson, motor-driver, who in the absence of his sister hired the bach to McKay,

said that McKay asked if witness would consider letting it permanently, as he might bring his wife from Sydney. Evidence about life insurance policies was given by Stanley Webstei Coates, New South Wales manager for the Temperance and General Assurance Company, who said he knew McKay. Witness said that toward 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 £4,500, bringing the total to £lO,OOO. McKay accordingly signed an amended proposal for £4,500 on September 13. The company had a rule not to exceed £lO,OOO insurance on a single life. Witness said 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 amounted to £77 12s 9d. 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 witness said that the month of grace'was endorsed on the Dolicy. McKay had been insured with his company for £lO.OOO altogether, after McKay had had three medical examinations. He paid witness by cheque at the end of August the premium on the £30.000 policy, namely

'£547 Ils Gd. • McKay seembd disappointed at first when witness said ho could not take more than £4500 additional, but was satisfied when witness said he could arrange the further amount with another company. McKay had done business with his company for some years, and had been satisfactory as a policyholder. . j ‘ John Hindmarsh, assistant-general secretary of the Mutual Life and Citizens’ Assurance Company, Limited, Sydney, said that on September 15 he received a proposal for insurance from McKay. The proposal, produced, was for £25,500. and was a whole life policy, with half-yearly premiums of £539 17s’Gd. He received a cheque for that from the Temperance and General Company, handed in by McKay. The proposal showed that McKay was insured for £5OO in 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. After further evidence the case was adjourned.