COURT SCENE.

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

COURT SCENE.

THE JURY RETURNS.

"HOW SAY YOU —?" DEATH SENTENCE PASSED. BAYLY STANDS UNMOVED. No verdict in recent years has been awaited with such intense public interest as that of the jury in the Bayly trial, and with the sentence of death at 12.30 to-day the longest and most famous trial, in New Zealand criminal history came to an end. Long before eight o'clock this morning small queues of men and women' formed outside the public entrances to the Court, and by 8.30 a crowd of closc on 200 had assembled. When Mr. Justice Herdman, at 9 a.m., began his summing up to the jury, both the women's gallery and the downstairs public portion of the Court were packed tight, and the words of his Honor were followed even more intently than the Crown Prosecutor's opening address five weeks ago, or Mr. E. H. Northcroft's tlirec-and-a-half-day address in defence of Bayly. Those who were prevented by constables from getting into the Court waited in queues outside, and as the morning wore on, their number grew. Smartly dressed women came, and when they found there was little chance of catching a glimpse of Bayly or hearing the judge's final words, some went their way. Most of them stayed. All sorts of ruses were used by the women to get into the Court and all sorts of stories were told the constables on the doors. One "woman even said she was the wife of one of tli© leading counsel.

Inside the Court, his Honor delivered a summing up that was remarkable for its brevity.' Through it all Bayly sat in a corner of tho dock, rarely showing the slightly sign of stress.

Mrs. Bayly Collapses. Seated at the long table facing the jury were Mr. V. R. Meredith, the Crown Prosecutor, and his assistant. Mr. F. McCarthy, and counsel for Bayly, Mr. E. H. Northcroft and Mr. L. P. Leary. Alongside Mr. Leary, in the* chair which she has occupied every day in the past week, sat accused's Wife. She listened to the judge's summing up, but when the jury had retired she collapscd.' She was taken to her hotel in a taxi by a friend. In front of the dock with their backs to Bayly wer6 Mr. Frank Bayly, accused's father, Mr. Thomas Palmer, accused's father-in-law, Mr. E. B. Lusk, accused's solicitor, a stenographer, and ■ Constable McLean, who, throughout the trial, was in chargc of the 251 exhibits. His Honor completed his summing up suddenly and unexpectedly. "Gentlemen, will you please retire and consider your verdict," he said. There was silence as he left the bench. The constables in charge of the jury were sworn in, and by 20 minutes past eleven the jury were locked away.

Outside, crowds gathered and talked —the inevitable speculation as to the verdict. Lunches which had been brought by both men and women were produced, and pies and sandwiches were consumed in the queues. Several women had thermos flasks, and a man was seen with a bottle of beer.

The Jury Comes Back. In the surprisingly short time of an hour and ten minutes the cry went round the Court, "Hei'e comes the jury." Again every available pfjrt of the Court was packed. It was : 12.27 jvhen the foreman led the jury dntd; their seats. Two minutes later the Court erier called "Silence," :unl Mr. Justice Hcidman took his seat

When the jury returned, with the verdict, none of Bayly's relations were in Court. Jlr. Thomas Palmer, accused's father-in-law, waited outside in a passage-way, pacing backwards and forwards. He was the only relation near the court.

Up through the trap-door loading to the dock came a prison warder, and behind him Bayly, followed by a second warder. The prisoner walked to the front of the dock and stood erect, the two warders standing to attention close at hand. Bayly was white. "Gentlemen, have you agreed upon your verdict?" asked the registrar. There was a dead silence'. The Foreman: Yes, sir. The Registrar: How say you, guilty or not guilty? The Foreman: Guilty on both counts. Bayly stepped back a pace, put both hands in his coat pockcts, and braced himself. He swayed gently. Then came the death proclamation: "Oyez, oy.cz, oyez!" said the Crier. "All manner of persons arc commanded to keep silent while judgment of death is pronounced by the Court on the prisoner at the Bar upon payment of toes or imprisonment." The judge donned "the black cap. Bayly, still swaying slightly with hands in pockets, stared straight ahead. His Honor passed sentence: "You shall be .taken from the place where you now stand to the place of execution and there hanged by the neck until you are* dead." Bayly made no comment. There was deep silence, then a rustle in the women's gallery. As the last words of the death sentence died away, Bayly turned sharply. Two warders stretched out their hands, but with a shrug Bayly ignored them, indicating that ho needed 110 assistance. He put his hand 011 the shoulder of one and urged him forward. •

With one quick glance round, the crowd at the back of the court, Bayly hurried down tile steep stairs to the cells below: Down in his cell, he paced slowly back and forth ; silent. A few minutes later the Black Maria took him to Mount Eden gaol. Ho had made no comment from the time of the death sentence until lio jumped into the prison van.