SHOTS FIRED.

Auckland Star, Volume LXV, Issue 139, 14 June 1934, Page 8

SHOTS FIRED.

POLICE TESTS. EXPERIMENTAL SHELLS. PRODUCTION IN COURT. Dozens-of .22 calibre shells fired by police officers from different rifles in different districts were produced in Court after Senior Sergeant E. W. Dinnie had completed his evidence this morning. In .the • search for different types of rifles, police fired shots in Auckland, Wellington, Ruawaro, Rotongaro, Pukekapia, Pukemiro and Hamilton, and among the various types of rifles used to obtain shells for experimental purposes were a number of Spandaus similar to the type seized by the police from Bayly's cowshed. Public interest, which has fluctuated during the past few days, had noticeably increased to-day, and both public parts of the Court were crowded. For the first time during the trial accused's father, Mr. Frank Bayly, was present in Court. - He sat in front of the dock alongside accused's father-in-law, Mr. Thomas Palmer, who has attended the trial daily. With six recalls, the total number of witnesses who have so far given evidence for the Crown exceeds 70,' and more are to come. Mr. Justice Herdman is on the Bench. The Crown case is conducted by Mr. V. R. Meredith and Mr. F. McCarthy, and Bayly is defended by Mr. E. H. Northcroft and Mr. L. P. Learv, instructed by Mr. JR. B. Lusk. When the Court resumed this morning, with Senior' Sergeant. Dinnie still i>l the witness box, Mr. Northcroft announced that he had no further questions to ask the witness. Mr. Meredith: My friend asked you many questions concerning notches and turns in the knife. Will you show us how these could be made, and clear up this matter? Witness said that respecting the cut on the piece of "timber, the knife used may have come in contact with a hard substance, such as a nail or piece of metal in the timber. Should the nail be absolutely at right angles to the knife, when the knife struck the nail, a burring would appear on both the upper and. under' sides of the knife. What would be the effect of that?— These bu'rrings would be opposite each other and would have the effect, when a fresh cut was made, of leaving a groove with either a right or left-hand cut. Should the nail be at an acute angle, euch as in the same direction in the knife blade, it would still leave a burring in the top and bottom of the knife. It would not be necessary for the- top' burring to be opposite the bottom. If the nail was sloping towards the knife, the burring would, be slightly to the upper side than the other. Is there anything else you can tell us about the knife?— Yes, there are sufficient characteristics still observable on the knife • to indicate that in all probability that was the knife (Bayly's knife) that made the two wood cuts. His Honor: You say the knife had been sharpened after the cuts on the wood had been.made? —Yes, sir, in my opinion it has probably been further damaged since these wood cuts were made, but I contend that it has not obliterated evidence. • His Honor: How about the steel marks?—ln my opinion it is consistent that this steel (Bayly's steel) was placed in two positions on one piece of wood after the cut -was made. Formal evidence on the firing of varioxis shells from different rifles was then given by Detective T. Sneddon. He said all shells were given to Dr. Brown. His Honor: How many rifles did you fire? Detective Sneddon: About 33. How many Spandaus ? —Two. Detective P. J. Nalder, recalled, said that in January he made inquiries in the Ruawaro, Waahi and Pukekapia districts and fired shots from ten rifles, handing the shells to Detective Allsopp. These were at the homes of the following: — J. D. Powell, S. G. Mankelow, C. jST. Smith (two), James Furniss, W. B. Pearson, F. 0. Bateman, Andrew Inglis, Laurence Northmore and Fred Slater. Witness also called at the home of John Parker, of Rotongaro, and fired another rifle, handing the shell to - Dr. Brown. Mr. Northcroft: What procedure did you adopt in obtaining these shells? Detective Nalder: It was a house-to-house' canvass. Did you refer to the Arms Registry? —Yes. And were there more rifles in the district than were registered?—l did not check that. I think there were 21 rifles in. the district?—l believe so. ... And of tlioso eleven./were Winchesters?—l do not know. Perhaps Detective Allsopp Tvill be able to tell you that. ; ' ■ *" Te ply h&.bfis v-SonoT, Detective rn/ir B , ai * that ever y holl6 c within a

Detective T. W. Allsopp, recalled, said that on January 1, 2, and 3 last, with Constable* Taylor, lie made inquiries from settlers in the Huntly district for .22 calibre rifles, and lireel 11 shelle from 11 rifles, placing each shell in a separate envelope, on which was marked the make of rifle. Those, envelopes were sealed. The rifles fired were: A Savago rifle, owned by Mr. Heath, of Rotongaro; Stevens, owned by Kobcrt Goddeii, Rotongaro; Winchester, Hairy Wright, Rotongaro; Winchester, John Roberts, Rotongaro; Winchester. William Atkin, Waikokowai; Winchester. Norman Taylor, Waikokowai; Browning, David Bell, Renown Post Office: Bayard, Charles Thompson, Rotowaro; a rifle of Henry Crook, Ruawaro; another from Pitt and Carlton, of Pnkekapia; and a Winchester owned by Walter John Parker. Rotongaro. All shells were handed to Detective Sneddon ou January Mr. Northcroft: Of the eleven rifles, six of them were Winchesters ? —Yes. ■ What was the radius searched ? —About 10 or 12 miles. How many householders are there in that district ?—About 200 houses. And at those 200 houses 21 rifles were found between you and Nalder?—Yes. Of the 21 rifles 11 were Winchesters?— Yes. Constables J. T. Milk and D. Robertson gave evidence concerning the firing of rifles in the Hamilton and Pukemiro districts. Dr. Brown Called. Dennis Brown, a bachelor of science and a doctor of philosophy, lecturer in physics at Auckland University College, was. called at 11.50. He said he inspected a piece of wood, a cross-rail and a knife (Bayly's knife) at the Auckland Police Station on. November 20. He later took photo-micrographs of the blade of the knife and also of the shave mark on the wood. On December 13 he went to Ruawaro, and while in Bayly's cowshed he saw an upright piece of wood supporting the roof, which was later cut out. Hβ saw on the surface of the wood that a considerable area had been shaved off. Witness showed the jury where the piece had been shaved off about two feet from the floor. It appeared to have been rubbed over with oil or grease. Did you form any opinion on when the cuts were made?— Yes, both cuts on the .wood I saw at the police station and on the upright were recently made. The second piece of upright did not show any dry dust on the part which had been shaved. Did you take a photo-micrograph of a certain portion of the cut surface?— Yes, I produce it. Witness also produced a series of photographs showing both pieces of wood. No. 1 was a photo-micrograph of the cut portion of the wood from Lakey's shed, magnified S.J times. The majority of the marks were due to ridges on the surfaces of the wood, the type of ridges which were left by a knife which had a turn on the edge. Not all were ridges, as there was a groove in the wood. No. 2 photograph was of some marks on the piece of wood from Bayly's separator, taken with the same magnification of BJ. This showed all lines as grooves in the wood. These he numbered from 1 to 8. Have you any opinion as to how the grooves were made? —Yes, it is clear they were all made at the same time. They are not successive scratches. A turn would cause a groove. Witness compared..both photographs to see if there was any similarity of the grouping of the two lines in the photographs by superimposing the photographs, but he found the photograph of one was on too small a scale. This was because of the angle the knife was held when making a cut. Witnese 'demonstrated what he meant by this. What did you do then? —I took another photograph of the grooves on the second specimen with a larger magnification to get the two groupings together when one was enlarged. I then found that certain of the lines in No. 2 were appreciably wider apart than for the remainder of their length. This indicates that one photograph ie not a true measure of the distance between the notches. . How is that effect brought about when using.the knife?— Either by holding it straight and then twisted to contract the marks, or, more likely, by a downward cut followed by a diagonal turn. Dr. Brown said he found definite correspondence of the two sets of lines. To each line on one photograph he could see a corresponding line on. the other. That occurred in all lines. "Same Instrument Responsible." You made measurements of the lines? —Yes, to give me the best average of the centre of each line. I decided that the similarity in groupiug could not have been done by accident, and that the same instrument was responsible for both cuts. Is there a mathematical calculation that can be made in this?— Yes, .the chances of it oeurring accidentally are not more than once in a. million times. That calculation is based not so much on the agreement as on the disagreement of certain lines. To sum it up, what is your opinion? —That both cuts were made with the same instrument. You took photo-micrographs of the knife ?—Yes, of the portion near the handle. I used the magnification of 8£ times which I had used for photographing the .piece..of wood. from. Xiakey'* sied, ~

Witness said lie observed, on comparing the photographs, one superimposed on the other, that there were definite similarities on the ridges on the wood and the notches on the knife. He concluded that the knife was consistent with making the. marks, although it was not capable of doing so when the knife came to him. That could be accounted for if the knife was sharpened. His Honor: You cannot say tliis knife made the cuts on the piece of "wood ? — No, but it is compatible with it making the cut. Dr. Brown produced photographs of a steel which was taken at half its natural size. This showed ridges on the steel. He also took a photo-iniftrograph of ridges of steel with a magnification of 8J times, which lie had also used on the first piece of wood. The ridges along the steel were equidistant, there being about 50 to the inch. The ridges appeared to be doubled at certain places — a ridge would have a certain companion ridge alongside it. This could be clearly seen on one of the photographs which Dr. Brown showed the jury. On the wood was a series of parallel marks roughly at right angles. He found that the spacing of the lines on the wood was the"same as that on the steel, although taken over the whole steel the lines were variable. His Honor: Could the marks on the wood have been made by this steel V — Yes, or by a steel of similar type. Mr. Meredith: What is your opinion? —That the marks on the wood were made by a steel similar to the one exhibited. Experiments with Rifles. On December (i last, said witness, Detective Sneddon handed to him two rifles, a 1902 Winchester and a Spandau, both of .22 calibre. He fired LCI. cartridges through both and kept the shells, taking photographs of the shells that evening. Next day Detective Sneddon handed witness a .22 shell which came from Bayly's denim trousers pocket. The Court then adjourned for lunch.