THE DOUBLE MURDER AT RUAWARO

Ashburton Guardian, Volume 54, Issue 190, 25 May 1934, Page 5

THE DOUBLE MURDER AT RUAWARO

GROWN CASE AGAINST BAYLY CONTINUED.

THIRD DAY OF HEARING OF .WITNESSES. EVIDENCE GIVEN BY A POLICE CONSTABLE AT HUNTLY. /. ■ ■ ' - FIRST OFFICER TO ARRIVE ON THE SCENE OF THE CRIME. (Per Press Association). AUCKLAND, This Day. Good progress is being made with the hearing at the Supreme Court of the charges against William Alfred Bayly, aged 28, a farmer, of murdering Samuel Pender Lakey and Christobel Lakey, at Ituawaro on October 15, 1933. On resumption of the trial to-day the nineteenth witness-entered the box. Public- interest remains at a constant level, the Court being full every session. Only portion of the body of the Court is utilised, further members of the public bmng admitted as others depart. The same procedure was followed in regard to the women's gallery to prevent congestion.

Mr Justice Herdman was on the Bench.

The Crown Prosecutor, Mr V. .R. Meredith, with him Mr F. McCarthy, is appearing for the Crown, and Mr E. H. Northcroft and Mr L. P. Leary for the defence.

Continuing his evidence yesterday afternoon, Leonard Stent, a farmer, of Ituawaro, describing the argument between Lakey and Bayly over a fence, said Bayly wanted to cut the fence to get a road cut through the property occupied by the Lakeys. Lakey said to witness-: "Keep out of this. It is going to be more serious than you think." Bayly told Lakey that he was going to. cut the fence so he could get out to the main road. This discussion took place at Christmas, 1932, in. the presence of the girl Venn, and the man Baldick. It lasted 10 minutes. Witness left with Bayly, who said Lakey would not see another season out. When helping Bayly to dock lambs, witness said: "You are not too friendly with the people on the hill." Accused said he would like to get .them out. Witness said he wished them no harm. Bayly said that if Lakey came over he would shoot him. Witness said: "Don't talk like that. You have a wife and children to think of." Cream Stand 1 Removed. Bayly removed the cream stand from Lakey's gate when witness was working for him. Accused took it on a sledge and tipped it off by his cowshed, saying ho was not going to let those miserable have it. The stand was never erected elsewhere. * Lakey had a large watch while Bayly had a small pocket: watch, while witness worked on. his farm. Witness , said Lakey's was similar to the watch produced.

In reply to Mr Northcroft, witness declared that the first incident he had mentioned occurred in August or September. Bayly had no sheep running on /Lakey's farm. Witness had seen none of Bayly's sheep running on Lakey's farm, but Bayly had told him that his sheep wero running on Lakey's. Witness had heard v that there was a violent row about the matter. This was not the time that Bayly discontinued using Lakey's "access, which occurred about Christmas. Witness denied that the difficulties of opening up Bayly's access arose 'through witness having cantered through Lakey's. Witness was not sure whether Bayly ceased using Lakey's access before or after Christmas. He denied that the new route was put through on his behalf. "I could have come through Lakey's any time, provided I did not canter, declared Stent. - "The new road was not put through for my convenience." In reply to Mr Meredith, Stent said he had heard of the quarrel regarding the sheep from Bayly, who said he' had been accused of stealing them. Mrs Gwendoline Maud Stevens, of Ruawaro; said she had seen Bayly driving a sledge on the morning of October .16. Ho was travelling, toward his cowshed. Bayly only had one horse. Witness identified a, hat as Mrs Lakey's.

THIS MORNING'S EVIDENCE.

CONSTABLE CROSS-EXAMINED.

In reply to Mr Northcroft, witness said she had informed the police she bad seen Bayly about a week later. Another Ruawaro farmer, Joseph Gilmour, who had known the Lakoys for more than 16 years, described the pair as a very happy couple. Witness was last at their home on September 24. There we're two shot-guns and a pea-rifle there.- The pea-rifle belonged to a man named Moore, who had worked for witness, whose wife lent it to Lakey, Lakey had it for 12 months.

Boots Missing. Witness left a pair of brown boots at Lakey's, where he changed to go to Huntly and Hamilton after riding from home. Gilmbur described the search for Lakey op the first day, in which he participated before going to the house. The pair of wheels in Court had stood in Lakey's yard for 11 years. When returning from the search witness saw them under a wattle tree in a paddock adjoining Bayly's. Ho did not examine them. The boots, which were usually kept inside the door, were missing when witness went to the house. Lakey's gun and pea-rifle were also missing. Gilmour identified the pearifle produced as Moore's. In reply ts Mr Leary witness said lie last saw the boots on September 24.

Amy Hilda Venn, single, living at Parnell, Auckland, said she knew the Lakoys, whore she went for a holiday in December, 1932. Ivan Baklick was also there. She remembered the morning when Stent and Bayly arrived at Lakey 7 * but did not hear the conversation. She was standing by the shed. She could hear voices, but could not

say what was said. The lighter produced was something like Lakey's, hut tihe was not sure. Similar evidence was given hy Clarence Ivan Baldick, of Parnell, a carter, who stated that he also was at Lakey's in December, 1932. At Lakey's he did some shooting, using the guns there. He could not distinguish the pea-rifle by any marks, but the one he jsed was very similar to that produced. Conversation Over a Fence. "Witness saw Bayly and Lakey conversing, one on each side of the fence. "I heard part of the conversation," continued Baldick. "Bayly said that if Lakey came his side of the boundary he would fight him. Lakey said the same. Nothing happened, and neither tvent on the other's property. Bayly paid: 'lf you! were not injured I would certainly attack you.' Lakey just laughed. Lakey and I then went from the paddock to another. Lakey had asked Bayly to keep a bull off Lakey's place. Witness did not remember what Bas'ly said. "When Bayly rode up with Stent he asked Lakey to remove the fence to allow a road to be made. Lakeyi refused. Bayly said he would remove it himself. Before that Bayly had said someone had been across his fight-of-way and thrown broken glass, which damaged the tyres of his car. Witness had been across the road. In reply to Mr Northcroft, Baldick said it was the manner in which Mrs Lakey drove out the bull which caused the argument. Before the'argument Bayly used an outlet through Lakey's. Afterwards he used a separate road. Witness had seen Bayly using the* stand at Lakey's gate before the quarrel. A farm labourer, "William John Stevens, said he knew the Lakeys for 30 years in England and the Dominion. He was married in Auckland. Stating that he worked for them, witness said the couple agreed 9-ell.

To Mr Northcroft witness saia'that Lakey had a belt with a heavy buckle.

Counsel exhibited seven brace runners, labelled. The police asked Stevens if he could identify the brand used by Lakey, but Stevens was unable to do this. Alfred James Garry, a dairy factory manager, of Taupiri, stated that Lakey was a supplier to his factory, which collected every day except Sunday. Witness gave figures showing that on Monday, October 16, Lakey's cream was 531 b short, compared with the previous Monday. Lakey's cream was of inferior grade that Monday, compared with the usual grading of superfine. If the lids were left on the cans "all night the quality of the cream would be affected.

The Court then adjourned until the morning'. . *'

I COMMENT BY THE JUDGE. AUCKLAND, This Day. The hearing of evidence in. the Ruawaro murder case was continued today!. Duncan McKeacher, manager of the dairy factory at Huntly, said that the company's carrier collected on Mondays, Wednesdays, Fridays, and Saturdays. Last October the Monday's collection covered four milkings. Witness produced the record of Bayly's tally! in October, giving tests in the same period. Up" to October 10 accused had 38 per cent., to the 20th 35, and to the 30th 32.' In reply to Mr Leary witness stated that the amount of butter-fat primarily governed the condition of the separator. The variations were common enough. Witness agreed farmers sometimes retained a. fraction of the cream for making butter and other purposes. To Mr Meredith he said that if the milking were missed it would retard production for several milkings after the double-milking. A mechanic, Hubert George Harney, of Ruawaro, stated he was at Lakey s the Sunday before Lakey disappearedThey talked about implements. He j identified the wheels and frame as those he saw standing by the fence round Lakey's house. Turkeys roosted on the axle, leaving the droppings on the ground there. On the Thursday after Lakey's disappearance the wheels were not there.

The finding of Mrs Lakey's body was described bv Constable David Robertson, of Huntly, who said that when informed that the Lakey's were missing he rang up Bayly, at 9 a.m. on October 16, and aske'd if he had heard or seen anything of the missing people. Accused' did not reply. Witness made a mistake in the name, asking about Sansons. Bavlv said the Sansons had

children. Witness then said;, "Not J Sansons, Lakeys," asking Bayly to inform him if he ascertained anything. The constable described the appearance of Lakey's kitchen on his arrival at the farm. The fire in the range was dead out. Witness took possession of a pearifle and cartridge box and locked it at the Huntly Police Station. Witness was involved in an accident at Huntly when Constable Shields was killed. He gave the keys to Constable Elms while in hospital. The beds at Lakey's were made, but had not been slept in. The only disturbance in the bedroom was that one drawer was slightly open. In the passage alongside the kitchen stood a double-barrelled shotgun and asinglebarreiled shotgun of 410 calibre, identical with those produced. After visitfng the cowshed, the constable said, he was returning ,to the house when he heard a cry. He went to the duckpond. He lifted a heap of manure, sacks and discovered Mrs Lakey's body. . The sacks were piled neatly the full length of the body, winch was face down, overhanging the water.

The constable indicated on the photograph the position of the body in relation to the track to the cowshed. Witness said that rigor mortis had set in. The clothing, which was up waist high in front, consisted of a woollen cardigan, skirt and gumboots, but no hat. The gumboots were clean. There was a certain amount of mud in the cow-yard. Mrs.Lakey had a small abrasion on the chin. There was a discharge of frothy blood from the nose. The body was carried to the kitchen on a door. A doctor; was summoned and arrived at 1.45 p.m. -Witness made arrangements immediately to search for Lakey. The parties worked in different directions. Conversation with Bayly. "I saw Bayly first on the road a short distance from Wright's gate," continued the constable. "I stopped the car and got-out. Bayly was approaching at full gallop from. Wright's. When I first saw him he was standing still. Bayly leaned oyer his horse and said, 'Has anything been done about Lakey's stock?' I replied that I had made arrangements and that we i had found Mrs Lakey. Bayly made no reply, but rode away. Detectives and police arrived from Auckland that afternoon. Two guns in the house did not appear to have been.fired recently, being covered with cobwebs. Witness found on the kitchen dresser a tobacco tin containing, pea-rifle cartridges. He did not see a .22 calibre rifle in the house. In the bod•roorn were twoi boxes of .32 calibre revolver cartridges, with a revolver. Witness was arms officer at Huntly. Bayly obtained a permit to obtain a .22 calibre rifle on October from the Farmers' Trading Company.

To Mr Leary, Constable Robertson said the duck-pond shelved at the shallow end. Witness demonstrated how Mrs Lakey was lying. When he drove the car he met Bayly. Witness, had not passed him. Witness was not in uniform. He was in a .sedan car. He was the first constable oil the scene. He did not notice if there was a tub alongside the shed. Settlers joined in the search in the afternoon and worked in different directions across Lakey's, Furniss's, and Bayly's farms. Witness was not on Bayly's, which was visited by Constable Elms. Witness' was entrusted with glass jars after the post-mortem and gave them to Constable Richardson to forward' to the Government Analyst. Witness had mot mentioned the second discharge, of frothy blood from Mrs Lakey's nose at the Police Court. Matter of a.Question. "At which stage havo you remembered this discharge?" asked Mr Leary. "I remember it very distinctly," replied witness. It was mentioned by Dr. MeFarlane.. "Is it riot strange that you did not. mention it before?" "I noticed about it:" His Honor: The constable could not be expected to remember everything in the lower court. His Honor said he had * previously referred to this method of examination. ■ "Do you rule the question as improper?" asked Mr Leary. "Not improper—a waste of time," replied the Judge. ' : "It is air extremely important question, bearing on whether it was an accident or murder," replied Mr Leary, who continued to question wit- < ness on the second discharge. The constable said the Lakeys had'; no permit for a revolver. Christopher Moore, steward, said he had left a pea-rifle at Joseph Gilmour's, Ruawaro. He identified the rifle produced, as his. .< ■ ' A salesman at the Farmers' Trading Company at Huntly, Maurice North Moore, said he sold a rifle to Bayly on October 12, of the type produced. To Mr Northcroft, witness stated that the sheath-knife' and steel exhibited were known as a rabbiter's set and were commonly used by fishermen and farmers.

Constable T. D. Elms said that on October 16 he was relieving at Huntly. He accompanied Constable Robertson to Lakey's. After describing the condition of the kitchen and bedroom, he related the finding of Mrs Lakey's body in the duck-pond. The search for Lakey was commenced after the body had been removed, to the house, the parties s6parating after crossing the wattle tree paddock. Witness commenced the search before luncheon. He saw the wheels and frame standin"- under ho wattle tree. "I saw Bayly at 12.30 near his house," continued the constable. "I told him we had found Mrs Lakey in tho duck-pond, also that we had discovered that Lakey's gun was missing and that wo were looking for Sam Lakey. I asked Bayly if he had seen or heard Lakey. Accused said, 'I Suppose you already know we were not l on friendly terms?' I asked him again if be had seen Lakey. 'I heard the report of a shot-gun,' he replied. He had not passed the remark that Lakey i had ' put one across him' over some sheep. I told accused I Avas not concerned with private matters, and then left him.

Constable Elms detailed handling the cartridges received from Constable Robertson. To Mr Leary, the constable said that "on October 19 he found a pea-rifle shell in Lakey's garden. There was a spider's nest in it. He did not men- v tion this in the Police Court, a? it had no importance. He reported it to his superior officer. He did not see the pipe found at Lakey's and identified as Lakey's. He could mot say whether it had been just filled and lighted. "Is there- any other matter not brought forward in the lower court?" asked Mr Leary. //J . ■ .; - "Not that I know of," replied witr . ness, who then detailed the personnel of the search parties on October 16. The constable admitted' that it could be logical of Bayly to reply that he was not friendly with Lakey, when asked the latter's whereabouts, as he might therefore not be conversant with Lakey's movements. "Can you tell me of anyone who searched the main portion of Bayly's farm on October. 16?" asked Mr Leary. "No one other than myself," replied the v constable. Re-examined by Mr Meredith, Constable Elms declared that the pea-< rifle, shell found in Lakey's was very similar to that now handed to him. The one produced contained a cobweb almost similar to the spider's nest.