BAYLY TRIAL

Greymouth Evening Star, 12 June 1934, Page 5

BAYLY TRIAL

MRS. LAKEY’S DEATH r , MORE TECHNICAL EVIDENCE ■; [FEB PRESS ASSOCIATION.] AUCKLAND, June 11.. 3 At the Bayly trial, there was a prolonged and detailed cross-examina-tion of Dr. A. A. McFarlane, who was ' called to Ruawaro when Mrs Lakey’s body was found, and who carried out the first post mortem. His examination occupied the greater part of this afternoon’s hearing. -Dr. McFarlane was closely pressed by Mr Leary, and admitted to him that the symptoms which he had observed were more those of death from other forms of asphyxia than of drowning. When further cross-examined on the resumption this afternoon by Mr Leary, Dr. McCormick stated that he wen Id not say that a charred, bubbly appearance of the bones necessarily indicated burnt flesh. Witness had burnt no material as an experiment which would give him a guide. At Mr Leary's request, the witness came before the jury box with a bone from among the exhibits, showing the particular surface. Witness agreed I hat there was charred material on the joint surface for half an inch. There was a heavy’ deposit in the hollow of -the joint, and also on the articular surface. It was not. possible that any quantity of charred material was rubbed off the bones during inspection and classification. “All wood of a resinous nature deposits a lot of carbon, does it not?” asked Air Leary. Witness: Yes. And substances like oil also do?— Yes.

During Mr Meredith’s re-examina-tion, witness said there were fiftythree bones which were consistent with human origin, bu,t could not be placed, which had not been included in the classification “definitely human.” At Mr Meredith’s invitation, Dr. McCormick marked these with blue chalk on Air Leary's blackboard, drawing a human skeleton. Witness had burned dry bones. Old dry bones did not bear the same appearance as those exhibited. “Aly opinion, from the bubbly material on these bones, is that '.hey were fresh bones,’ ’declared Dr. McCormick, who added that the bones in the fort and hindquarters of the sheep burned during the experiments were destroyed as completely as the other ['lieu

Dr. A. A. McFarlane, of Huntly, said he was called to Ruawaro on October 16. He saw Mrs Lakey’s body on the kitchen floor on Lakey’s house. Witness performed an autopsy on October 17, with Dr. Waddell present. A further post mortem on Octobei - 19 was carried out by Dr. Gilmour. At the first post mortem, the body was examined externally for injuries, while the internal organs were inspected. The stomach was removed and opened, then sent for a chemical examination to the Government Analyst. There was a small wound on tho top of the chin, and also a

small abrasion on the right jaw. There were no bruises showing on the face. The blood was very dark in colour. At the second post mortem, the abrasions on the chin and jaw were opened, showing tissue damage. This bruising would be an indication that the party_had come in contact with an object. It would indicate that the party concerned had received two blows, or had impinged on an irregular object which struck the face in two places. Witness had been told that, when the body was removed from the water, frothy blood came from the nostrils. “Have you any opinion on the cause of death?” asked Mr Meredith. “If the fact that there was froth coming from the mouth is accepted, then I should say the cause of death was drowning,” replied witness. In reply to Mr Leary, witness said

he arrived at Ruawaro at 1.30 p.m. or two hours after Mrs Lakey was removed from the water. He had seen no teoody froth, while no one had suggested to him that they had seen froth. Witness first heard of froth from the newspapers after the present trail commenced. Witness had questioned men who removed Mrs Lakey from the water as to how she was lying. When he saw her, there was a blood-coloured fluid proceeding from her nose. If there had been froth, it would have come from the respiratory passages, comprising water, air, mucous, and blood. Witness found no froth in Mrs Lakey’s bronchial tubes.

“I put it to you, that you found no traces o.f drowning?” said Mr Leary. “I would not say that,” replied witness. I put it to you that what you saw were more signs of asphyxia than drowning?—That is so. In reply to His Honor, witness said he had not determined the cause of death. OPINIONS ON FACTS. “Your present position is that you are not prepared to say Mrs Lakey did not die of drowning?” asked Mr Leary.

Witness: Yes. Witness agreed that he had not found any signs of respiration of water. If there were froth about the face, he would expect to find water in the nasal passages. Any foam would keep welling out, even if wiped away. Mr Leary read a passage from a medical authority, stating that froth reappeared, with which Dr. McFarlane agreed. "I suggest that one way in which a person would receive two blows at once from an irregular object would l.e in falling,” asked Mr Leary. “I could not say,’ replied witness, who declared he could not say if the marks could be caused by falling while a person was running. If the fall were heavy, it would not be impossible for the injuries to result. Mrs Lakey would have to be running to get the momentum for a fall heavy enough to produce injuries by striking an irregular object. He did not think a person falling the full length would receive bruising to such a depth, but it might be possible if a. person moving forward were tripped up.

“I suggest that if the blow were severe enough to knock out Mrs Lakey, it may have been sufficient to kill her?” said counsel. ‘‘That is so,” said witness.

Witness detailed the progress of symptoms following the knock-out blow which proved fatal, including

I the formation of mucous in the throat. I “I understood that I was Imre 1,0 I give opinions on facts, ami mil argu- ' meats based on suppositions.” said witness, after further questioning by Mr Leary. Air Leary: Assuming that froth eberged from the nose when Mrs Lakey was lifted from the water, would that, not be equally consistent with death from coma, allowing that , she had been placed in the water by a person to make it appear that she had been drowned? “Tho froth in the case of coma would be composed of mucous and air, but in the case of drowning of )_ water and air,” replied Dr. AlcFarlane. “In coma, froth would be pres sent in the bronchial tubes, but froth g characteristic, of drowning would not : t appear at the nose.” If Airs Lakey died of coma., and ' s was put in the water subsequently, 1 there might be bloodstained froth in 1 1 the back of the throat, which might t appear subsequently at intervals?—l I could not say. r Air Leary then put four statements made by the witness, to him, all of . j which, Dr. McFarlane agreed, were . against the conclusion that Airs Lakey f ’ died of drowning. Dr. McFarlane ■ further agreed that certain symptoms , were common to all forms of f

I asphyxia. ( Re-examined by Air Meredith, Dr. AlcFarlane said he did not think it , required stronger breathing to draw ’ in water than air. A person with the , face immersed must take in water as I long as breathing continued. Suffocation was a form of asphyxia, which left no evidence behind. Dr. A. G. Waddell, of Hamilton, said he saw Airs Lakey at Huntly on October 16. He was present at both the first and second post mortems. “I believe Airs Lakey, was alive when her face was immersed in the water,” he declared. The Court adjourned. GOVT. ANALYST’S REPORT AUCKLAND, June 12. The last medical witness to be called by the Crown, Dr. A. G. Waddell, resumed evidence, when the hearing of the Bayly murder charges continued at the Supreme Court this morning. Despite the continuous rain all the morning, the Court was again crowded. Dr. AVaddell, after detailing the postmortem examinations on Airs. Lakey, gave his opinion that she died while her face was immersed in water of the duckpond, death being due to drowning. If unconscious persons ; breathing were shallow, there might in such circumstances be no water . in the lungs. Mrs. Lakey’s hair was . very long and definitely grey. It had probably been reddish. He said he had , seen no frothy blood. At the first postmortem he thought Mrs. Lakey died

from asphyxia. Further cross-examined, Dr. Waddell admitted he had not stated in the Lower Court that death was due to asphyxia owing to the water cutting off the air supply. “Was your opinion influenced by any communication from Dr. Gilmour?’ asked Mr Leary. “Not necessarily,” replied Dr. Waddell, who said that when Mrs Lakey was unconscious, if her breath was very shallow, it was posible a person might conclude she was dead. Kenneth Massey Griffin, Government Analyst, Auckland, stated he had received Mrs Lakey’s stomach with the contents, also other organs. They were examined for poison. None was found. In the stomach was an ounce of what appeared to be fresh blood. Witness received an exhibit labelled “Scraping from shovel at Bayly’s cowshed” on November 26. He classified the contents which comprised wood, charcoal charred bone, bone burnt white, and burnt sacking. “Why do you get some bone burnt white and some black?” asked Mr Meredith.

“Bone burnt black has not been completely burnt. It has got matter adhering to it. The bone burnt white has been completely calcined. , All other matter has been burnt off,’ replied Griffin, who detailed the contents of other exhibits, labelled from “cut oildrum at well.” This material consisted of wood charcoal and fine fragments of bone burnt white. There were also globules of melted lead which weighed 0.3 grains. Other material included small bootnails, and staples. Witness handed glass jars containing these exhibits to the jury, who examined them individually. Another exhibit labelled “Scrapings from Bayly’s cowshed,” proved to contain wood and charcoal, from which witness obtained several pieces of molten lead, weighing 17.4 grains. Mr Griffin stated he had weighed Ici pea rifle bullets, which weighed 28.7 grains. The exhibit labelled “From Bayly’s cowshed where the oil drum stood,” contained charcoal fragments and bone. A further exhibit labelled “Scrapings from the floor of cowyard where the kerosene furnace was,” contained wood charcoal only. Included in another exhibit obtained from the bottom portion of the oildrum was molten lead weighing 3.2 grains. Witness marked the spot on the drum where the lead was discovered. The lead was melted on the drum. Witness had to use force to remove it. The drum then was not sa rusty as it now was. “The bottom portion of the drum then appeared as though it had been strongly heated. The sides of the opening were burnt smooth by action of the heat,” continued Mr Griffin, who added the whole bottom portion seemed to have been heated strongly, except the cut edge which had rusted out and showed no signs of having been heated since the cut edge was jagged in contrast with the sides of the opening of the upper portion of the drum, which was fitted, with the bottom portion by irregularities on the cut edge, showed the heat scale. The portion which corresponded with the opening of the lower portion had been smoothed by heat. The cut edge of the top portion showed rust in a more advanced stalo than the lower portion of the top portion. “In my opinion it had been heated,” proceeded Mr Griffin, who stated he had examned two pieces of concrete produced.

Witness (Retailed his examination of other exhibits obtained on Bayly’s property, which included a piece of rubber and canvas, a similar portion of urbber footwear, and portion of vulcanite stem of a pipe. Griffin then described the contents of the exhibits obtained at Bayly’s sheep-dip and pig wallow, containing charcoal, burnt wood, a piece of burnt leather, wad of a sotgun cartridge, charred bone, and burnt sacking. Willies examined the complete sack exhibited and found the material of the structure of the sacking similar in material to the structure of the charred sacking. At His Honor’s request, Griffin displayed the sack lo the jury showing the brand “Challenge.” printed on one side. An ex-

hibit labelled “From the sludge at Bayly’s sheep-dip” was fouijd to be leather, which had been heated in the absence of air, which had adhering to it a piece of bone and portion of ti-tree bark. , In another exhibit were two false teeth labelled “Found in Bayly’s garden.’ Witness examined these and found burnt vulcanite adhering to one. Both teeth had been burnt from their setting. Porcelain teeth could bo heated very strongly, but remain white while human teeth broke to fragments under similar treatment. “I have made experiments and tested them,” added Griffin. An exhibit labelled “From Bayly’s carshed,’’ contained springs and screws, which were parts of a benzine lighter. They fited the lighter previously exhibited. Griffin then demonstrated with both a similar lighter and the lighter exhibited, wthere he considered the springs and screws fitted. An exhibit labelled as “Burnt cloth sacking from Bayly’s garden" had been classified as thread knitting wool, which had been heated and burnt. String of burnt sacking of similar material to (hat of the whole sack was produced. In the same exhibit was coarse wollen flannel whch had been charred, unburnt fibre packing of the burnt string, impregnated and burnt white, rubber, fine woollen material, and line cotton material. (Proceeding.)