JUDGE'S ADDRESS.

Auckland Star, Volume LXV, Issue 147, 23 June 1934, Page 10

JUDGE'S ADDRESS.

DIRECTION TO JURY.

POINTS IN THE EVIDENCE. LEGITIMATE inferences. ITis Honor l>egan li!s address to the jury at nine o'clock. Half-way through the morning an adjournment of ten minutes was taken. The summing up was completed at 11.10, and the jury filed out to consider their verdict. "Mr. Foreman and Gentlemen of the Jury," commenced his Honor, "you have now readied the end of a memorable experience. You may think this trial has been unconscionably long, but I could not insist on economy of time being practised.* "Xowhere in the world is so much care taken to arrive at the truth in a criminal trial as in a British country," said his Honor. "The complete independence of the higher Courts in such a community as ours makes for the successful administration of justice. The Lord Chancellor of England, speaking recently at a public gathering, said: 'Amid the cross currents and shifting sands of public life the law is like a great rock, upon which a man may set his feet and be safe, while the inequalities of private life are not so dangerous in a country where every citizen knows that in the courts of law, at any rate, he can get justice.' "Taking part in a criminal trial such as this,~you and I, gentlemen, need fear no one. We have nothing to lose and nothing to gain. We are in no way affected by its result. The only fear that we need have is that, despite an earnest desire to do what is right, some injustice may involuntarily bo done, for the human mind and human reason are not infallible." ' Since the trial had commenced he had recognised that the jury had taken an intelligent interest in the evidence, and that they were fully alive to the solemnity of their responsibilities. Every care had to be taken where a human life was concerned, and in such serious circumstances their duties were difficult, and demanded the greatest consideration. The jury had been assisted by counsel on both sides. Counsel for the defence particularly had not spared themselves, and they had conducted their case with extreme care and great vigour. The jury had been quite properly told that if there was any reasonable doubt, then the verdict must be in favour of the accused.

"If you have read anything or heard anything that may threaten to colour your judgment," he said, "you must place it away in some remote corner of your mental equipment, and when you havo got it in that compartment you must lock, bolt ancl bar the door. You shall forget all but the evidence. You have a public duty to perform, you represent your fellow countrymen, and the care of the accused is in your hands." Circumstantial Evidence. His Honor said the case was one which the jury would have to decide 011 circumstantial evidence, and ho had 110 hesitation in saying that 011 the evidence the jury , was entitled to decide this case. Koine writers differed about the value of circumstantial evidence, but there was 110 doubt the main evidence in many cases tendered by the Crown was circumstantial.. It was not necessary that a case had to be proved to mathematical certainty. All that had to be done was to prove beyond reasonable doubt? "The accused is charged with murder," continued his Honor, "and there are two counts, one charging him with the murder of Lakcy and the other with the murder of Mrs. Lakcy. The jury will concentrate 011 the evidence regarding Lakey. The evidenct regarding Mrs. Lakey I will refer to later. It was alleged that Lakey had been shot with a pea-rifle and that Mrs. Lakey had been assaulted by accused striking her several blows, with the result that she had been rendered unconscious, after which accused had deliberately taken her to the / duck pond when she was still alive and placed her in the water, she being drowned.

"I should direct your main observations to the case regarding the charge of murdering Lakey. It is the duty of the Crown to prove what is called corpus delicti. No body has been recovered. Lakey was alive about 4 p.m. on October 15, and he has not been seen sine© then. The only person who has made a state-

ment that he had seen Lakcy since that time was Bayly himself. No witness came forward to testify of hearing' any shot or seeing a struggle. The Crown has collected evidence which they put forth as strong and convincing that Lakey is dead and that the person responsible for his death is the accused. Death can be proved by the production of the body, or circumstantial evidence. It will be for you to determine whether Lakey is dead and whether or not the remains found on Bayly's property are the remains of Lakcy." Unfriendly Relations. His Honor went on to deal with the relations of Bayly with the Lakevs. The Lakcys' home was situated on the inhospitable hills of Ruawaro, and they were apparently struggling farmers. Close at hand the accused lived on unfriendly terms. From accused's own statement it was apparent that the relations between Bayly and the Lakevs were, to put it mildly, unhappy, and the hostility that had sprung up continued until the time of the tragedy. There was the evidence of Detective White that Bayly had told him that the Lakeys were unpopular in the district. Bayly said the Lakcys had quarrelled and Mrs. Lakey had cleared out for six months, and he had also said that Mrs. Lakey was 011 bad terms with the neighbours and had spoken of tliem in derogatory terms.

There could not be any doubt, his Honor thought, that up until about (i p.m. 011 the Sunday Mr. and Mrs. Lakey were alive. There was the evidence of Wright's step-son that he was at the Lakey home until mid-way through the afternoon, while Bayly had said that he had seen Lakcy when returning from Calvert's. The witness Stevens said that about (i.ISO he had seen someone turning out the cows, but he could not say who it was. The question was, who turned out the cows—Lakcy or somebod v else ?

There were not wanting Indications that the milking had been completed, and that the evening nical had not been touched. It was only speculation what happened after the milking. There was' some suggestion that a third person, a friend of Lakey's, had come to the house. That was for the jury to decide. The evidence was so slight that it did not carry proof in that direction very far. There was the evidence that three plates had been found on the table. His Honor said he was not very familiar with domestic science, but -as there were potatoes on the stove, the third plate might have been there to turn them out 011. Regarding the evidence ,that there was a third bed already made up with blankets and sheets, his Honor said he did not know whether it was the practice always to strip the bed in a guest's room.

Neighbours who commanded si view of Lakcy's property evidently thought there was something unusual on Monday morning in the fact that the cows had not been turned out. Considering the circumstances, this might be regarded as of considerable importance.

On the Monday morning the cream cans had been put out, and a can that had been returned by the cream lorry driver, Boyle, had not been taken away. Did Lakey put the cans out? Looking at the circumstances testilicd to by witnesses, the inference to be drawn was that it was most improbable that Lakey did. Who put them there if Lakey did not? Evidently someone familiar with the procedure at the farm.

His Honor then commented that if the neighbours had not noticed that the cows had not'been milked 011 Monday morning, it was probable that the discovery of the tragedy would have been delayed by some hours. Why did anyone not concerned with what had occurred 011 the farm put out the cream cans? Was it done to prevent suspicion? Bayly's Movements. His Honor then dealt with Bayly's movements 011 the Sunday and 011 the Monday, and pointed out that Bayly explained that lie left Calvert's place 011 Sunday afternoon with the intention of going to George Furniss', but he had later changed his plans. Jle did not go to Furniss'. Bayly said lie retired to bed about 9 or 0.30 011 the Sunday night, and that he was up at the usual hour the following morning. That was hits account of those two days. '"Sanson says he saw Bayly driving his cream out to the road about S.HO 011 the Monday morning," continued his Honor. "I will remind you, gentlemen, lit' an important statement made by Mrs. Stevens. Her evidence was attacked by the defence, but she swore 011 oath that when looking towards Lakeys place early that morning, she saw Bayly riding 011 horse back along the ridge, towards Lakey's place. She adds that Bayly went through the boundary gate between Bayly's and Lakey's properties and then disappeared out of view. In connection with the attack upon Mrs. Stevens' evidence, it was pointed out that the poli.ee would have noticed traces of Bayly being there. However, there is some evidence of the weather being bad that night." .

"Jt is for you, gentlemen, to remember what the evidence was about this incident, and to make up your minds whether she was telling the truth or not. Mrs. Stevens said that live or ten minutes after she saw Bayly on horseback, she saw Bayly again riding on a sledge towards his own cowshcd."

His Honor then referred to the early arrival of the police on the Lakcy farm and of the discoveries made that the cream cans had not been cleaned, and that other cans hart been placed at the gate, also that a shot gun and rifle had disappeared from Lakey's house. The interior of the house had not been disturbed. and the suggestion was made by the defence that it had been ransacked. The fact remained that the pea rille was in the house on the Sunday morning and the plain fact was that, in addition to the pearifle, the shot gun or fowling-piece was also there 011 the Sunday morning, but that both were later found in the swamp. According to Detective Allsopp, the house was neat awl tidy, but in the yard it was otherwise.