ELSIE WALKER CASE.

Auckland Star, Volume LX, Issue 264, 7 November 1929, Page 8

ELSIE WALKER CASE.

REOPENING ABSOLUTELY REFUSED ■ " . l ' : . v ■ ■ ■--■ l "Must Only be a Farce, andit Cannot Help,'* L: Says Mr. Wilford. STATEMENTS OF TWO WOMEN DISSECTED. STRIKING DISCREPANCIES MADE OBVIOUS. \■■ '■ ■ '•.'. ■' " " "I refuse absolutely to assist in what must only be a farce," declared the Minister of Justice, the Hon. T. M. Wilford, in replying to the pressing requests made that a fresh investigation be conducted into the death of Elsie Walker. Mr. Wilford said definitely that no additional evidence of value had been discovered, and that the statements recently made by two women were so conflicting as to be worthless. (By Telegraph.—Parliamentary Reporter.) WELLINGTON, this day. The promised statement by the Minister of Justice, in regard to the Elsie Walker case, was tabled in the House of Representatives this afternoon. it reads as follows: — 'The inquest in this ease was not a trial of any person for murder or manslaughter or other crime. The powers and duties of Coroners in this Dominion are not identical with those of .English Coroners. . The jurisdiction of a Coroner is defined by the Coroners' Act 1908 as "to inquire into the planner of the death of My.pcr.sqn who is killed or drowned, or who dies suddenly, etc." His duty is. to ascertain the cause of death. Prior to'the date of the Criminal Code Act, 1593, when a verdict of murder or manslaughter was returned by a Coroners, jury against any person the Coroner-could issue a warrant against the person, accused, committing him for trial at a Supreme Court. ; •■A-s'no one can now be tried in this Dominion On a Coroner's inquisition, it follows that as far as consequences are concerned, the finding of a Coroner is no'more than a formal-report to the Justice Department as to the cause of death of a person: His verdict does not in any way commit the police to take or prevent them from taking action in any Court at any lime in accordance with the evidence at their command/' They act independently and without fear, ; 'favour, malice or ill-will. The dnquest on Elsie Walker concluded on January 25, 1929, on which date the Coroner delivered his verdict, therefore, any' legislation passed now cannot affect : Uiat verdict, unless such • legislation be made retrospective. it is, however,-considered unnecessary to reopen the inquest because: .-■'(1)-No good purpose can be served, as no fresh evidence, bearing on \j'l '.-.-.'i the cause of death has been discovered. -' i : ;(2) The additional information' ascertained since the close of the J. ..;. inquest is contradictory and of little, if any, evidential value.. '"'"■ (3)' As already stated; the .present tew provides for'adequate action ■fay the police should) fresh evidence be forthcoming. ' It is, therefore, unnecessary to amend the Coroners' Act this session to provide for the reopening of inquests. ' The reopenincr o f the inquest in the Elsie Walker case would be of no value in so far" as the evidence of Mrs. Thomason and Mrs. Langdon is concerned and they are, the persons who are alleged to have provided important evidence When "first'interviewed, at the time of deceased's death, they made signed statements to the police which materially conflict with subsequent statements made by them at least eight months later. 'WE pR .OTHER OF STATEMENTS IS FALSE." The following extracts in opposite columns show that one or other of the statements.of :these.wpnien is false, and no Court would believe them:— , <iT4TF\fP\T 'lop' AIARGARET ' ' STATEMENT. OP MARGARET SffloX T -Eb°PblSS£.roXK : THOMASON TO o POLIC E , OCTO- : . ..23, .1929. • . : BBK 2 ~< 19 ~ 8 - "> ! '- •' ''"■'; ■ ' ',!■' ■ '■' ~ ' •' '.. It was some tinie before the disOn'.O.ctoUcr, 1,,1928, with Mrs. . appearance of Elsie that I saw Langdon;' -(sister), we left lau- Bm Bay ] y on the train; it would rariga h/ train for Papamoa about ■ be about jo days.or more before r> p.m.. 'Mr: Prestop and Mrs. Elsie's disappearance. Teapue wete ; on that train. Mr. . ' Preston- Mrs. Langdon ami I were • in stJie same carriage. When the guard came through the door into ~ .

the carriage be got jammed into the doorway with a Maori woman. On looking towards the- door I. saw Bill Bnyly in,, the passage way. T . ' . Know' Bill , Bayly well. My sister •. ..; saw Bayly . also and. drew ;my . , attention to his being there. ~j ■ . ... • STATEMENT OF MRS. LANGDOX STATEMENT OF MRS. LANGDON TO POLICE, JUNE 28. 1929. -- . . , TO POLICE, JUNE 23, .1859..- . On Monday. Ist'October. 1929, I know Bill Bayly. The first f saw Bill-Bayly standing in pas- time that I met Bin Bayly was eaqV way'as guard came through." after the disappearance of the I had a good view of Bill Bayly. '■' girl, Elsie Walker, when lie and redrew my sister's attention to his father brought the car back Bill Baylv. She nodded to him. to Papamoa. I knew him before, 1 spoke to him. having: seen him on previous . visits. : ' ~) On Monday, Ist October, 1928, Mrs. Thomason and I left Tauranga by the 4.p.m. train. I did . ! .. . not see any of the Baylys on the i ~ • • train that day. My sister made no mention of seeing any of the Baylys on the train. I am positive that I did not see any of the Baylys on Monday, Ist October, 1928, certainly not Bill Bayly, 1 . '.'■', end no person has ever told me •i ; . that they saw BUI Bayly that day. C.cristable Jackson called at my }i l*- t l J *r!£?£nJ i f!!!£~ n n tit<i ' ..■..α-v «i9pt> that dav or the fol- ment to Constable Jackson: — 2- s Sly inauirin? about the "On-ist October. 1928, at about cm and the cal and I made no midnight, I went to bed. I heard elSement to Constable Jackson a motor car pass our house, etc., - 1 (Signed), Kathleen Langdon. ■ .. v . 2/10/28. Similarly, a Mrs. Edwards has made statements (one to the police and one to an inspector of Society for the Protection of Women and Children), which are not,only self-contradictory, but are also contradicted by Dodds, her employee. ■•MRS. EDWARDS TO MRS. MOLES- . '.MRS. EDWARDS TO POLICE, WORTH,. SEPTEMBER 19, 1929. JA!\UAR\, 1929. n'n <satnrriav «;pntpmher 22nd, -On September 22 one of the <*?« fSßrts!j«aW»l» on 3ie men left mo r«rm (Cnilds). I ■rutrn Onsunaay wiS Mjly- . eniwrea Alf. Doaa. who slartoa temher 29. On Wednesday, October 3, • 1928, Carr told me Bayly had •; •■..■•■ / been out to see me. Aβ a matter '.. ■ ; , of fact. I had not engaged Bayly, < although he went out to the farm ■ i ' . to work. I have a recollection of mentioning to Bayly that I had not engaged him, and he said "Let me stay on." f on Monday, 24m, Tuesday., • to J£ ■ SSUJ, and Wednesday, 26th, fol- •• • J-μ left ' One or the KvS™" , Bayly liad lUnCh aPPliclnt, ''was' whliX Bayly. 'V m aome - I told Bayly to come back in a few, days. Bayly told me he was going away for a week. I ! re.lt, very annoyed with him I ongag'ed Alf who 'for: not commencing work, as started work on September zz, Arranged on the previous Satur- 1928. Bayly to!d me. tic was . «ay, September 29. He knew per- going away Tor a week. On Wedrectly well it would put me in nesda.v my assistant. John carr., "an awkward position to be with- told me Bayly had been out to fin! a man for even one day. I see me. As a matter of fact I •got 1 another man, Alf Dodds, to had not engaged Bayly, although ,-tako his place. he went out to the farm to work. VrvrFM'KNT OF MRS WIS STATEMENT OF MRS. AVIS ■ISfATO? TO PO r LICE n s'ErA-M S EDWARDS TO POUCE, .JANU- : BER 19, 1929. ART 1°- 1929 - ; I.have orten a feeling that sfiinetliing: is going: to happen '. . '. . called second sight and I * I ''unconsciously connected W. Bayly ' ' Willi the Elsie Walker mystery ;. . . . I felt he knew a great ' doal about it. W. Bayly ieft a kerosene box Questioned by Detectlve-Ser-iu my kitchen. I felt so worried geant Kelly and Detective Knight, about the whole affair that when she said she had burned letters, J saw some letters In this box I but had not read the letters and rt-Hd two of them. . did not know what they con'Onc) "I hope to bo with you talned. soon. It will be alright down •In're. I am sorry for poor Cln.dorellft. but l will fix things n'l rl?ht and we will soon bu together sfc'ain." (Two) "I nm so glad you mar-I-Tled uic, dear, instead or poor Jlttje (UndcreUn, but 1 am really Dodds says: "When Bsyly left sorry for her." the farm he did not leave any I burned those letters, . letters about."

"BELATED STORY" NOT SUPPORTED. Nine months after her first statement to the police this woman gives details which she either suppressed at the time of making her first statement or has since invented, but which in any case have no evidential value. She now speaks of often having "a feeling that something is going to happen, that is probably called second sight, that she unconsciously connected W. Bayly with the Elsie Walker mystery, that she felt that he knew a great deal about it, and that she felt so worried about the whole affair that when she saw some letters in his' box, she read two of them which she burnt. The evidence of Mrs. Thomason and her sister, Mrs. Langdon, must be regarded as entirely untrustworthy, because of their having made diametrically conflicting statements on the really only important point' contained in those statements, that is, to seeing William Bayly on the train on the day of Elsie Walker's disappearance.. After the closest inquiry from all available sources, not a, tittle of evidence can be obtained by the police to support the belated story of these women, or that William Bayly. was anywhere other than he says' he was, viz., in Auckland, of which supporting evidence was given before the Coroner. Mrs. Ttyomason and her sister now say that their attention was drawn to Bayly by some commotion in the passage way of their carriage, that Bayly and a stout Maori woman occupied this passage way, that the guard of the train could not pass owing to their presence, that he ordered the man to leave the lavatory, who refused to do so. The ■ guard, of the train, when seen by the police, says he has no recollection whatever of such an incident. ■ Although the Thomason-Langdon family are of Maori descent and know most of the native race in the district, they have not been able to produce the Maori woman, or give any information by which she may be found. The closest inquiry by the poiice has failed to discover such a woman. Their mother, Mrs. Brady, a lady of full Maori blood and of some standing in the district, of which 'she' has been a resident for many years, cannot assist the police in discovering the Maori woman referred to. A Mrs. Teague, who knows 'William Bayly well, travelled on the same train with Mrs. Thomason and Mrs. Langdon, but saw nothing of Bayly. A careful Departmental cheek has been made and there- is no record of the issue of a ticket to Papamoa on that day which cannot be accounted for. If Bayly had got on the train surreptitiously and without a ticket and had been seen by the guard, as now stated by these womell, it would have been the guard's duty to report the fact or issue a ticket to Bayly from his book. There is no record of the issue of any such ticket. The train in question was a small one of three carriages, and in October it travelled in full daylight to beyond Papamoa. The following day, October 2, Mr. Bayly, sen., saw Mrs. Thomason at her house and told her of. the disappearance the previous night of Elsie Walker and his motor car, but strangely Mrs. Thomason said nothing to Mr. Bayly of having seen his son on the train, the previous afternoon. Furthermore, Mrs. Bayly, the young man's mother, visited and conversed with Mrs. Thomason, with-whom she was on friendly terms, almost daily after the disappearance of Elsie Walker, but Mrs. Thomason did not mention the train incident, and this, although at that time no tragedy was anticipated, or any sinister aspect attached to the girl's disappearance. If it were true that Mrs. Thomason and her sister really saw William Bayly on the train,.why did they not mention it to his parents? No, Mrs. Thomason left Papamoa a week pr. two later without saying a word to anyone of the alleged train incident, but from Wanganui, four months later, commenced to write letters to Mrs. Bayly, in which she stated she had seen Mrs. Bayly's son on the train. Although Mrs. Thomason had no further information to impart to Mrs. Bayly, she insisted on the latter journeying to Wanganui to discuss the matter with her.' Finding Mrs. Bayly reluctant to take the journey, Mrs. Thomason took the remarkable step of'threatening Mrs. Bayly with exposure in a well-known newspaper if she did not come to Wanganui. Mrs. Bayly, through her solicitors, informed the police, to whom the correspondence was handed over. By arrangement, she then went to Wanganui, where, according to Mrs. Bayly, Mrs. Thomason asked from Mrs. Bayly a large sum of money. Although Mrs. Thomason denies to the police.making any demand for money, it is significant that she names exactly the same sum of money mentioned by Mrs. Bayly (£10,000), as being discussed between them. It is quite clear that at this interview the payment of money was di=cu=sed between the women. .It is further significant thnt in a statement made to the police immediately after her interview with Mrs. Bayly, Mrs. Thomason admits that before leaving her home to interview- Mrs. Bayly, she suspected a trap would be laid for her, and that from the commencement of her interview in Mrs. Bayly's bedroom she feared someone was listening in the adjoining room. Of what value would the testimony of such a witness be, and ho\y far would it be safe to put the life or freedom of anyone in jeopardy on her word? "TESTIMONY, IF TRUE, WOULD NOT HELP." When originally interviewed by the police at the ,timc- of Elsie Walker's disappearance, Mrs. Langdon made'no reference to the train incident. When again' interviewed last June, after Mrs. Thomason's visit to Wanganui, and before the latter had time to communicate with her (which she did by telegram the following day), Mrs. Langdon specifically and definitely denied having seen William Bayly on the train, or that her sister, Mrs. Thomason, had seen him, or had at a'nv time said she had seen him on the train. A week later .Mrs. Langdon reversed her previous statement. What reliance can now be placed on her statements ? Another sister, Mrs. Richardson, says that, although she has discussed the Elsie Walker case a number of times with both Mrs. Thomason and Mrs. Langdon;\neither has at any time told her William Bayly was on the. train. '■'• ' iisUiaing it were true that Mrs. Thomason and Mrs. Langdon saw William Baylv on the train on October I, 1928, such testimony would not help the Coroner to decide the cause of death. At most it would tend to show that 'William''Bayly had given untruthful evidence at the inquest, when he swore that he was *in Auckland on October 1, 1928, but such is not a matter for investigation by a Coroner. ' . , ■'•■ The extracts from the statements quoted show that in cross-examination the testimony of the persons referred to would be so discredited that no Court would be justified in placing any reliance on it. Finallv the police have investigated/more alleged. evidence than has ever been published in the newspapers. They have visited and examined numbers of witnesses whose statements I have waded through, and I sayabso utely that there has not been the slightest justification shown for reopening the inquest, nor has any evidence been discovered which will throw any light on the causa of death of Elsie Walker. Believing this, and having had many opportunities of analysing and ■dissecting evidence, I refuse absolutely to assist in what must only be a farce and cannot help in the slightest degree to elucidate the cause of her death.