THE DOUBLE MURDER AT RUAWARO

Ashburton Guardian, Volume 54, Issue 197, 2 June 1934, Page 6

THE DOUBLE MURDER AT RUAWARO

SMEARS LIKE BLOOD SEEN ON PEA-RIFLE BARREL.

CHIEF-DETECTIVE SWEEN EY OUTLINES HIS SEARCHES.

The Crown Prosecutor (Mr V. R. Meredith), with him Mr F. McCarthy, is prosecuting, while Bayly is represented by Messrs E. H. Northeroft and L. P. Leary, instructed by Air K. B. Lusk. Mr Justice Herdman is on the bench. When tne Court resumed this afternoon Mr Northeroft questioned Detective bnedden regarding the drum which witness said he found on November i 7. The top portion was then round a potato plant, apparently selfsown, in .bayiy’s garden. Counsel questioned the detective closely regarding the writing in witness’s hand qu two envelopes containing exhibits. Witness declared that on the one taken of grass alongside the drum, the writing on the envelope means to convey the. position of the drum, not the portion of the drum. Bayly had told .witness that he used a small kerosene tin furnace the day he killed the second pig. Witness did not remember anyone asking accused if lie aiso used a large furnace, it was accused’s solicitors who informed the police that Bayly was in Auckland. After the letter was written the detectives received a telephone message from Air Lusk’s office. - Witness, in reply to further questions, detailed the articles taken from Bayly’s for examination which did not yield blood under expert scrutiny. These included ropes-, pieces of iron, .a scrubbing brush, and a tin hath. Most of them were seized by the police on October 29. Nearly all were taken from the locality, where accused handled pigs. Accused’s spade was taken on December 15, while the police also took a hacksaw, an axe, a sledge-

hammer, an engineer’s hammer, parts of a sheath-knife handle, and a chopping block. . Counsel; And nothing sinister was found on one of them?—No. Airi Northeroft next examined witness regarding the handling of certain exhibits, including .the pea-rifle shells, and other material also not produced. f In. this was a sack removed from Mantelow’s property by a constable. : “I don’t think Bayly had a boat,” continued witness. ‘‘There was a boat down by his property. There were boats ail round there.” Counsel,: Did you examine those boats?—Yes. 1 • Did all those boats appear not to have been used recently?-—Yes. A. man named Gerrand, living at 'Rangiriri, claimed that he saw Lakey after his disappearance?—He said nothing like that to me.‘Did not Gerrand say he saw at Rangiriri two or three days ..after Lakey’s disappearance a man like Lakey?—He said, he had not seen Lakey for six xyears. After further questions witness said ■Gerrand .was , reported to haye seen a man like Lakey, A {statement had been taken by the police. Did not Gerrand -tell you he passed (a man who excited his attention ?—He ■did say something like that. You told Gerrand you were quite -confident that Lakey was dead?—No. Witness added that he had taken a short statement from Gerrard, who said he had not seen Lakey for five or six years. If a report was made a few days after Lakey’s disappearance that a man like Lakey had passed through Rangiriri it would go to the superintendent. Inquiries would be made in Auckland, and the matter would be referred to the detectives at Ruawaro. / Air Northeroft then concluded his cross-examination of the witness, \yhich lasted almost, exactly a day. Witness Re-examined. Re-examined by Alereditb, wit-ness-said he had heard no theory, by the settlers at Ruawaro similar to that heard by,Air Northeroft. The brushes at Lakey’s house had been examined on December 20, after the tuft of hair had been found in Bayly’s sheep-dip. Before that the brushes had no significance. The cartridge case found on October 21. had been handed to the chief detective, and returned to witness, who made a note in his record hook. The note stated, inter alia, that while De- . , iective Findlay -was holding a pair of Bayly’s denims a shell fell from the pocket. The pants were marked by Detective Findlay with a blue pencil. The shell .was then placed in a sealed envelope. A note had also been made on the occasion that the shell was found in Lakey’s garden. ! Air Meredith asked witness to read . the note made then. Mr Northeroft submitted that witness had no right to read his notes. ■ His Honor ruled that witness had tile right to refresh his memory by the notes, and then relate the incidents referred to. ■V Witness said the shell found in Lakey’s garden was thought to be an did Shell. Later it was taken to Dr. Brown to be photographed. “You have been asked about an interview with a man, William Gerrand. Is that the statement he gave you?” asked Mr Meredith. , Witness: Yes. •

EVIDENCE TAKEN TO-DAY.

CROWN CASE AGAINST BAYLY CONTINUED.

SHEATH-KNIFE AMONHCUPS AND SAUCERS

(Per Press Association). , AUCKLAND, This Day. The trial of William Alfred Bayly, on a charge of double murder, has reached tilt* twelfth day. and not more than half of the number of witnesses that are expected to be called by the Crown have yet been heard. ■ i,

There was a fair attendance of the public this morning when Detective J. 8.-'Findlay continued his evidence. He told of visits to Bayly’s property and inquiries at Lakey’s, must of his evidence being in corroboration of that of Detectives Allsopp and. Snecklen, with whom he -was closely associated.

Witness read the statement, which was dated November 7. In it Gerrand, a drover, of Rangiriri, said he knew Lakey well. He had been at his house. “It is about five years since I saw' or spoke to Lakey,” concluded the statement. “He was then at Rangiriri. It would not be correct to say that I saw Sam Lakey six weeks ago.” Referring to tlie story of a car seen early on October 16, withes,s said he interviewed three people, in addition to a woman. In regard to the smoke from the cowshed, witness had interviewed several persons, whose names he gave. In reply to his Honor witness said the fence at Bayly’s and Lakey’s bourndary wms about 3ft lOin and had seven wires. There w'ere no other fences from ■ Lakey’s yard to the boundary. Detective James Rennet, Findlay, who went to Ruawaro on Octover 20, related his observations at Bayly’s in company with other detectives. “I was examining one pair of Bayly’s trousers when a .22 calibre shell fell out of the pocket,” said witness. “I marked the trousers with indelible pencil. I said to accused,- ‘Where did you get the shell, Bilk’ He replied: 1 ‘lt must ho from myi rifle. I was shooting on Friday and Saturday.’ ”

Witness then detailed other inquiries made at Bayly’s, and conversations with accused. On one occasion Bayly said that Lakey was not a man to commit suicide. Witness described Bayly’s'visit to the police camp, when accused said a man had been about his property. Witness went to Bayly’s. The grass was dry and there was no dew. Witness was unable to see marks on the grass. The remainder of Detective Find>lay’s evidence was along the same lines as that given by the other detectives. ' The Court adjourned at 5 p.m. until to-morrow morning.

SEARCH MADE AT BAYLY’S. QUESTION OF MISSING CARTRIDGES. (Per Press Association). AUCKLAND, This Day. Detective Findlay detailed the origin of an exhibit, labelled “scrapings from the floor of Bayly’s cowshed.” He marked the position from which tlie scrapings were taken on a photograph, then dealing with the handling of other exhibits which were given to Dr. Gilmour. 1 ■ When tho shell fell from Bayly s pocket, witness examined it, noticing that it had a, rectangular striker-mark extending from the iim inward. On his return to Lakey’s house, the shell was compared, with one found at Lakey’s. It was found that-the striker marks differed; . Cross-examined by Mr Leary, witness said that when He went to Bayly’s the night accused called at the police camp he could not tell whethei anyone had been at Bayly s 01 mob Witness indicated where accused s small furnace stood. One scraping taken at the cowshed was not produced as it gave a negative result. When conversing with Bayly near the lake, Witness had told accused,that a number of unemployed might be put on to search. Bayly replied: “My God: They should find something, if theie is anything.” . Witness said ho had not mentioned the striker marks or the shell in the lower court.

“Have you liad any conference on this point with your colleague or, Mr Meredith in the past 24 hours?” ashed Mr Leary. Witness: No. This concluded the cross-examina-tion. „ f Chief-Detective James bweeney, or Auckland, related a conversation lie had with Bayly on October 19, when accused said that no one had been on his property with a sledge. ~ Chief-Detective Bweeney detailed, tne -examination of accused's sledge, when three boards were removed. The police did not have a search-warrant that day. Accused declared that he had had no visitors over the week-end and be had seen no strangers about his property. Bayly asked if the detectives would like to inspect his caished. Witness said, “Yes. ’ Bayly then said: “If you had said you were going to, I would have told you to go 1 to hell and get a warrant. A search of the ear-shed was then made. Chief-Detective Sweeney described seeing* Eayly’s knife in. his belt, adding that he had inspected Bayly’s hands? There was a small abrasion on the right hand. Questioned about the sledge marks near the fence, Bayly declared that he- had driven up to inspect a private telephone pole. The Chief-Detective next described an interview with Bayly on October 23

and gave details of the rooms in accused’s house, showing by photographs which way the bedrooms faced. After the search, witness asked Bayly which pair of denims he was wearing on that Sunday. Bayly said lie did not know, but it Was one of tlie pairs. There were stains oh the legs of one pair. While Detective Findlay was handling them a pea-rifle shell fell from a pocket. This was on October 21. Witness took possession of accused’s belt, sheath, and pouch. At accused’s cowshed Bayly gave witness a pea-rifle. There appeared to be a new smear, like blood, oif the barrel, and also a smudge near the muzzle.

Accused told Detective Findlay that lie did not know what tlie smear was, that lie had shot a hare on Saturday and hit. it on the head with the barrel. Witness asked if lie had any ammunition. Bayly said lie had got 200 rounds and had shot 50 away. He went to a box nailed to the separator room wall. He then said: “That’s funny.' There should bo three boxes here.”

Witness said: “Well, Bill, what did you get the rifle for?” Accused said: “To tell you the truth, to shoot the pukehos, which were becoming a nuisance.” Chief-Detective Sweeney detailed further conversations of the detectives with accused on tlie occasion when Bayly made a report that he had seen a prowler. ,

On December 4 witness was ajt Bayly’s with Constables Julian and Watts, digging the garden near the house.

His Honor: This was the first time digging was commenced? “At this spot,” replied witness, who said that what appeared to he burnt bone and burnt cloth, three buttons, buckles, brace fasteners and charcoal were discovered spread over an area of six square feet. The material was a spade’s depth deep undey dead grass which had been turned in.

The knife was not in tlie sheath. Witness asked accused for it. Bayly went to the kitchen and produced it from a back cupboard containing cups and saucers but no other knives. After witness had detailed the handling of certain exhibits, the Court adjourned till Tuesday morning.