BAYLY TRIAL

Greymouth Evening Star, 9 June 1934, Page 2

BAYLY TRIAL

BLOOD, BONES AND BURNING MORE EXPERT EVIDENCE [PER PRESS ASSOCIATION.] AUCKLAND, June 8. At. the Bayly trial to-day, many points of medico-legal jurisprudence were raised during the cross-exami-nation of Dr. W. Gilmour, which concluded this afternoon. When he stopped down after his '’ e - extunl, ?‘ l " Lion, Dr. Gilmour had been twelve pours in the box, during which t was closely examined on the blood group tests, the difference between drowning and comatose asp bvxm • the results obtained by burning t\v sheep in an oil drum on separate occasions. Dr. Gilmour was succeeded bv Dr.' P. P. Lynch, of Wellington, who detailed the conclusion he had drawn from the bones exhibited, and toe tuft of hair. Public interest was again keen ail day, many men ana women leing disappointed when they tried to gain admission in the late morning and afternoon. On the resumption alter lunch, Ml Leary again questioned Dr. Gilmour on the value of blood group testing. “Asuming Mrs Lakeys blood, the blood al the implement shed, the blood on the wheels, and the blood on Bayly’s clothes had been typed, it is possible that very valuable evidence may have been available to the jury?” asked counsel. “Y- .‘.i, ’ agreed Dt Gilmour. Then it might have been shown that all the blood on the. Lakey property came from Mrs Lakey! It might have been feasible to show all came from the same group. If two kinds of blood were found on the Lakey property, it would have been proof positive chat two 0 people had been dead th’ , >.’— les. If Gio blood mi the suggested assailant is of a e fferent group from that of the suggested victim, it would Im proof that it wmi’.d nut be that ot iJim victim? —Yes. If the blood on the assailant and that <n the victim were of the same group, that would show u might come f:<m the victim ’er But it would not prove that it had come from the victim? —No. Then the value of the tests is to show innocence, and not guilt?—Yes. Re-examined by Mr Meredith, witness raid he had to make fifteen experiments with diaeitiit str-ins on these lines. “As the result of my experiments, the test is not. sufficiently reliable to warrant the vse in medicolegal work,” cont’p.ued Dr. Gilmour, who added that if blood were still wet and fresh, there was the possibility ol success, but if dry, it was unreliable. He had tried to test ’ Mrs Lakey’s blood, taking a. stain from the piece of wood used to open her mouth. He got no result. Was there any wound on Mrs Lakey which could have caused the stain's in the implement shed?—No. Some of the stains were obviously caused by spurting blood. In reply to His Honor, witness said he was of the definite opinion that the stains in the implement shed were not Mrs Lakey’s blood. He could not have done both the grouping and precipitin tests on Bayly’s trousers. There was not enough blood for both purposes. The blood stains about the implement shed were not fresh enough to make a group test.

DIFFICULT TO BURN. Requested by the Crown Prosecutor, Dr. Gilmour read a summary, from different authorities, detailing the time occupied in burning human bodies of various types in a furnace. He detailed the various stages of burning during the experiments when carcases were reduced to small fragments of burnt bone. Witness produced a package of the bone left at the conclusion of the second experiment, and less residue was obtained than from the first experiment.

“What was the most difficult thing to burn,” asked Mr Meredith. “The internal organs and intestines.” replied Dr. Gilmour, adding that the intestines of an animal were much more bulky than those ot a human .being. At the conclusion of both tests, some fuel remained unburnt at the back of the drum. In a case of comatose asphyxia air was not cut off. There was a marked difference in tlie appearance of persons who had died of drowning and those who died of comatose asphyxia. In cases where oxygen was cut off. there were marked signs of carbon dioxide with Mrs Lakey. The tact that five men who saw the body removed from Ike v>ater i. diced frothy blood on the face corroborated v» ; tness’s conclusions “Can veu say bow many post mortem? you have- made in the course of your professional career,” asked the Crown IT< senator. "L have cenducteu 2600 to 3000,” ropliea Dr. Gilmour. ' The tests made wi!h tne matter mlbeiing to the tuft of hair sheweu Unit it might be blood. The reaction was strong ii d immediate, itcJcating it was almost ceria. nly bleu 1 ” In tepiy ta His Honor. Dr. Gilmour said the amount of h.u-:> orrhage resuming from a wound f cm a shot, or from beii g struck, c. '..m ced entirely on wliej-e the individual w?.s struck.

DR. LYNCH’S EVIDENCE. Dr. Phillip Patrick Lynch, pathologist, of Wellington, detailed his handling of a number of the exhibits. The '.lift of hair produced comprised from 200 to 300 hairs, about 2J inches long. At the base of the hairs was matter which gave a rapid reaction to the henezedene. test, indicating that it was dried blood. Further crystalline precipitin tests failed to give definite results. The precipitin test failed if heat had been applied. “From the appearance of the material as the result of a benezedene lest, I. formed tho conclusion that it was coagulated blood,’ continued Dr. lynch. “The bones in all groups had certain features in common. They were all burnt. They all were associated with wood and charcoal. The}' were all fragile, and some, extremely so. The edges in all cases "were free of weathering. A number of the! 1 ones in all groups had on the sur-! lace a dark break.” I “Are you referring to notes?” asked Mr Meredith. .■

“No,” replied Dr. Lynch. “They had on them a. surplus of dark material. which suggested that they had all been freshly burnt. There was a general similarity in their appearance. There was no dirt ingrained in the fractured edges, as would be expected if the bones were exposed to

the weather for any long period. One bone exhibit was that of a muscular individual. It displayed dark, bubbly material, which, however, was not present at the joint. The surface was broken. The edges were sharp, without any sign of wear or weathering. Dr. Lynch then demonstrated the human characteristics of certain hones exhibited, including a cheekbone, an atlas or upper vertebrae, and portions of the vault of a skull, which showed two layers separated by a spongy layer. In regard to the skull bones, lie said, the curvature showed the size of th- brain, which was larger in man than in other animals. The pacchionian pits were made by tho blood channels. They were of some importance in fixing the age of an individual. They deepened with age. “One would.judge that, this portion of the squll came from an individual in middle life,” continued Dr. Lynch, who answered questions put by the members of the jury. In every case where he handled bones, he claimed they were of characteristic human origin.

The witness stepped in front of the jury box and gave a detailed explanation. “I would say the bones were from the one human individual, from their general points of similarity,” declared witness. Among those recognisable as human were a heelbone, portion of the base of a skull to which muscles of the neck were attached, and bones of the vault of a skull, all showing the same general features. Among the bones not definitely recognisable as human were some which could be from the pelvis. In one exhibit there were seven pieces of cloth, which witness had not classified further. Portion of an atlas bone, which was characteristic of man and of apes, was found as the only bone among a large quantity of charcoal in another exhibit. The Court adjourned.

PUBLIC INTEREST MAINTAINED AUCKLAND, June 9. The end of the third week of the hearing of the Ruawaro double murder charges in the Supreme Court was reached this morning, -when Dr. P. P. Lynch, continued to relate the result of his examination of exhibits and the conclusions he formed. The Court was filled as soon as opened, a number of spectators being unable to gain admission.

Dr. Lynch identified human skull bones in a number of exhibits, showing the jury how some fragments fitted together. He then identified the fragment. of an elbow joint, demonstrating a joint with the upper lower arm bones on which position the exhibit was marked red. This joint was not found in domestic animals, and only in climbing animals and marsupials. The exhibit, judged by the size was characteristic of an adult human. In eluded with the same exhibit, were 13 pieces consistent of human origin. Two of these, one from the shin and the other from the thigh, resembled bones from a strong individual proceeding.

Witness described a portion of the skull petrous bone containing part of the andilory canal. Continuing to place other hone exhibits, Dr. Lynch freely resorted to portions of the human skeleton on which the parts referred to were marked in red. Witness said he had no doubt that certain bones were human. The age and sex could be deduced with some degree of accuracy. From the complete jointure of elbow, also the inner end of the collarbone. the bones could be placed as those of an adult. The best indication

of age was obtained by the appearance of pacchionian pits in the skullbone. These became deeper with advancing age. The depth of the pits in the bone exhibited indicated an individual of middle life. The other bones also suggested that they were from a fully grown individual. The sex could be inferred from the size of the bones, general thickness and heavy build. However, one could not say they were not from a very muscular female. The coarseness of the hair led to the inference it was probably from a male. “I think the bones were recently burnt,” continued Dr. Lynch. The appearance of the broken edges suggest they were recently broken. The edges are sharp, although they can be very readily rubbed off. There is no evidence of weathering in any way, bleaching or engrained dirt.” Witness was quite satisfied the bones were not bare when burnt, on account of the presence of charred bubbly matter, showing the muscles and ligaments were attached. All the bones conformed to a general appearance, and pointed them to being from one individual. All parts of the skeleton were represented, head, arm, vertebrae, legs and foot. Witness had seen Dr. Gilmour’s post mortem findings on Mrs. Lakey and also considered the evidence of the witnesses who found Mrs. Lakey. “On those facts one can give a definite opinion that death was due to drowning,” continued Dr. Lynch. “Froth issuing from the nose when the body was removed from the water is an important external sign. As regards the postmortem finding, the fluid condition of the blood, the congested state of the lungs and windpipe, and congestion of the eyes are all internal findings, consistent with death by drowning. The condition of the heart as shown in the report was not. such as to cause sudden death. Injuries to the face were likely to be knockout, blows but unlikely to be fatal in themselves. The appearance of a body which died of shock from blows would not present, the signs of asphyxia. The difference between asphyxia from drowning to comatose

asphyxia was shown in external factors.

“I am satisfied that a human body could be burnt in an oildruni,” continued Dr Lynch, who said he made an experiment, in Wellington, using a 40-gallon drum, with two sheets of galvanised iron surrounding t.wothirds of the sides. As a subject he used a calf weighing 1421b5, with the hide on. The animal was killed by chloroform, put in the drum head first, after kindling had been inserted. Witness used a bag and a-half of firewood. One man only attended the setting up of the drum, firing and aP other activities. The fire was started at 4.45 p.m.. and attended for two hours. Nothing was added except wood. Alter two hours, the animal was partly consumed, then the icmaius of the firewood were piled on the fire, and left. The drum was then red hot, burning furiously, fi'he next morning, the ashes were still hot. 'rhe body was completely consumed, with the exception of a portion of the shoulder portion. The ! hide was found unburnt. The rest of ' ithe carcase was completely burnt.! The total debris after the burning was a bucketful including ash. | Witness then cot roboraied Dr Gil-! mour's account of the burning of a I ram a;. Auckland on April 21. “In j this case, the debris of bones and total ash just f.aed a kerosene tin," he said, “'rite bones from the test were more burnt than the bones exhibited. 1 am satisfied a human would be easier to burn than a calf or sheep, on account of the bulky intestinal contents of the calf or sheep. 1 have no hesitation in saying that the human bod.v could be burnt in a furnace of that kind. The Court adjourned till i\londuy.