THE DOUBLE MURDER AT RUAWARO

Ashburton Guardian, Volume 54, Issue 194, 30 May 1934, Page 6

THE DOUBLE MURDER AT RUAWARO

CROWN CASE AGAINST BAYLY CONTINUED.

DETECTIVE UNDER CROSS-EXAMINATION

THE FINDING OF FALSE TEETH AND BURNT BONE.

' QUESTIONS AS TO THE PLACE OF THEIR DISCOVERY. (Per Press Association). AUCKLAND, This Day. .}■') The prospect of hearing lengthy cross-examination of Detective T. W. Allsopp, which might give some indication of the defence, brought a large number of spectators to the Supreme Court this morning, at the resumption of the hearing of the charges against William Alfred Bayly, a farmer, aged 28, of having murdered Samuel Pender Lakey and Christobel Lakey, at Ruawaro on Qctober 15 last. As on the previous day, more women attended than were allowed in the gallery. A queue formed outside the building, waiting for seats to be vacated. Mr Northcroft said he desired further details of the- exact spots where the various exhibits .were obtained.

Tlie Crown Prosecutor (Mr V. R. Meredith), with him Mr F. McCarthy, is prosecuting, while Bayly is represented by Messrs E. H. Northcroft and B. P. Leary, instructed by All’ It. B. Lusk. Mr Justice Herdman is on the bench. Continuing his evidence yesterday afternoon, Detective Allsopp said that when Bayly’s car-shed was' searched, a screw and other parts, which appeared to have come from a cigarette lighter, were discovered. After the police finished searching the shed a further search was made underneath, among the ./rubbish below. A portion of a

MANY QUESTIONS PUT.

watchoase was recovered by Constable Watts. On this portion a number was decipherable. In the shed a pair of tinman's snips hung on the wall above the bench. Witness secured these. He identified the pair produced. When seized the snips were quite clean and free of rust. At the rear of Bayly s shed with|lss saw a sheet of corrugated iron (produced) bearing smoke marks at one end. A second similar piece of iron was found near the shed, also bearing smoke marks. On the following day, at ‘Bayly’s, witness and three constables continued

the search near the car-shed. At the bottom of a box containing pieces of rusty iron of various kinds, witness found a portion of the rim of a watch. This was cut and twisted. In- the separator room witness took possession of three pieces of dry ti-tree. The next search of Bayly’s was made about the car-shed. Again everything nearby was examined. Witness saw Constable McEachern find a ring from a metal watch. When another search was made under Bayly’s carshed, a portion of the floor was lifted, while a scraper was also employed. Witness was given by constables engaged in the search fHither portions of a vvatch. The grass was then cut in Bayly’s orchard. By the gate leading to the pig paddock the grass was three feet high. At that time the police found in the roots of the grass charcoal, pieces of what seemed to be burnt bone and burnt rag. Constable MeEachern, found the toeplate of a boot, with the nails still attached. After * detailing further discoveries of a similar nature on succeeding days, Detective Allsopp stated that a metal button had been found in Bayly’s orchard among the grass. Crass Plucked Out. On December 23 a search commenced near Bayly’s garden and hedge, near where animal bones had been discovered. Here small pieces of burnt bone were found in the roots of the grass. The searching constables plucked the grass out with their hands. The investigations in this locality were completed on December 26. By then further exhibits weSre discovered. “By this time I had taken possession of a pair of trousers in Lakey’s house, of a type known to Ruawaro settlers as Palmer nap,” continued Detective Allsopp. “The button on the front of these was of a similar type to the button found in Bayly’s orchard.” Witness and a constable cut the grass in the pig paddock outside the separator room, door, working from the door. The' grass was then trodden down. Among the roots were found, small pieces resembling burnt hone; also a small piece of what .appealed to ,be a man’s underpants, showing a cut mark. Other finds on December 29 included pieces of burnt rag, which appeared to have come from a pocket, and three small pieces of burnt hone'. On January 2 a constable gave witness 64 fine fragments of burnt bone, and a false tooth. In all, two teeth were obtained from the garden and two from the orchard. Additional very small pieces of burnt hone were handed to witness by Constable McEacherh next day. Witness said ’that, under instructions, the bones discovered were sent to ' Auckland.

“On January 10.1 charged Bayly at the watchhouse with the murder of Lakey,” continued Detective Allsopp. “I read the charge to him in the presence of Detective Snedden. Accused made no reply.” Mr Meredith then put varied questions to Detective Allsopp, who elaborated different points in the evidence he had given previously. The engine of Lakey’s launch, was examined on October 17. It was not in working order. A round-bottomed boat belonging to Lakey was moored near 'Bayly’s boundary. It did not appear to have been used for some time. At the edge of the lake the swamp was so soft that it was impossible to go out to. the water without making marks. A constable had sunk in the mud here to his neck. Under Lakey’s house were two duck-punts, one belonging to Lakey and one belonging to a man named. West.

“Of the bone produced here to-day, a great part has not been definitely identified by experts as human bone?” asked Mr Northcroft. Witness : That is so. “How was the bore of Lakey’s Win*

Chester pea-rifle rifled?” asked Mr Northcroft.

Witness: It was sent to Auckland. I had nothing to do with it. Detective- Allsopp stated that i he could not give details of the rifling of Bayly’s Spandau pea-rifle. The Court then rose until this morning.

THIS MORNING’S EVIDENCE.

IDENTIFYING THE EXHIBITS

AUCKLAND, This Day,

In reply to questioning by Mr Northcroft this morning, Detective Allsopp said that the envelopes contained the findings of any particular day. That material may have been found in different parts, say, of the orchard? asked Mr Northcroft. Witness agreed.

Sometimes you have had more than one container holding the findings of any given day? pursued counsel. Witness: Yes, Some days more material was found than others. Toward the latter part of the search the containers held the findings of more than one day. Counsel asked if a record were made of the position of every article found. Witness: I think I have explained everything already. It was impossible to do it.

Detective Allsopp then enumerated the position, in which certain articles had been found, as recorded in his note-hook. These included -the falsa teeth, what appeared to .be a burnt joint or knucklebone, and the toeplate of a hoot with nails.

Under further questioning, the Detective elaborated the description of the finds he had. given previously, indicating on photographs and maps where the material was obtained. Nothing had been found in the eastern portion of the orchard from a certain row of trees to the enclosing fence. All the findings had been- made near where the drum, was discovered, the majority in an area 60 feet by 60 feet.

Mr Northcroft after the examination regarding location of the finds in the orchard, questioned the detective in regard to the discoveries in Bayly’s garden. “It is my privilege to question you, not your privilege to dictate answers,” remarked counsel at this stage.

Detective Allsopp gave details of the vicinity of the garden where the police obtained two false teeth ancl material resembling burnt bone. All the exhibits had been found in the garden within an area of 10 feet square.

Is there any other locality in the orchard and garden not dealt with ? asked Counsel.

Witness said no, and then indicated the exact spot in the orchard where the drum was found.

At the request of Mr Northcroft, witness detailed what exhibits came from the cowyard, known as the standing yard. Witness said he was not present when they were found. The scrapings had been taken off the concrete yard on November 16. No burnt bones were recovered in this yard.

Witness explained the origin of the four exhibits taken by Detective Findlay. As far as you know these are the only exhibits of material obtained in the concrete behind the cowbails? asked Mr Northcroft. Witness: As far as I know.

Mr Northcroft continued to question Detective Allsopp closely regarding the position of the material found outside the separator room in Bayly’s shed. “I don’t want generalities/ ’ said Mi ( Northcroft, asking witness the details of where the exhibits were discovered. “I want you to tell me what exhibits were obtained there, when they ueie obtained and where they weie o tained.” , , Detective Allsopp said that the first material was obtained on Decembei . He identified certain exhibits produced as from outside the sepaiatoi 100 m. Witness marked a jihotograph to show the locality. Counsel then said he wished to lefer next to Lakey’s house at the time o the detectives’ arrival. Detective Allsopp described the plates he had seen in the house. On the kitchen rack were three meat plates, on a table in the passage were two soup or pudding plates. Theie were also two bread plates on the kitchen table. All were clean. In reply to his Honor, lyitness saul the house was fairly clean and tidy. Detective Allsopp said that when he met accused,, who was driving a car, on October 30, Bayly did not comment on witness’s muddy appearance. There was ho conversation. Witness

asked him to come to the swamp. Bayly made ho reply.' Did you ask Bayly if he had any idea how the gun parts gob there? asked Mr Northcroft. .

“I got his explanation in writing,” replied witness, who said he took a statement.

“You have hot a verbatim record of everything that passed?” continued Mr Northcroft,

“Practically,” replied Detective All sopp, who read notes of the conversation.

' Mr Northcroft: Was it then or later that Bayly remarked, “This is the only swamp vou have searched that day” ?

Witness:- Later, when lie came galloping down the paddock. From which direction did you see him come? I saw him after he left the house. He then disappeared from view. He appeared to be coming direct to us, along the road. Detective Allsopp said that Bayly was out of sight only a few minutes. When he arrived accused jumped -off the horse and said he wanted to make another statement. Witness referred him to Detective Findlay. Counsel then questioned Detective Allsopp regarding his interview with Mrs Bayly. Witness said lie believed Mrs Bayly when she said she did not take part in the milking. Did you look at her hands? asked counsel. “I have seen her on numerous occasions. From what I have seen of her hands I would say she does not take part in the milking,” replied Detective Allsopp, who said that when .Bayly declared he -had been heating an iron in the drum he produced a piece of iron which had been heated at some time. This piece was four or five feet long. The police did not take possession of it. j

In reply to further questions witness said that Furniss had told him that. Bayly had a drum, ancl later that he had seen the portion of the drum at the well-bore.

Mr Northcroft concluded his crossexamination at 12.50 p.m. The Court then adjourned.