CASE AGAINST BAYLY

Grey River Argus, 23 May 1934, Page 6

CASE AGAINST BAYLY

ALL DAY ADDRESS By Crown Prosecutor (per Press Association.) ACCKLAND. May 22. The Crown case against William Alfred Bayly. aged 28, farmer, charged with murdering Christobel Lakey and Samuel Pender Lakey, at Ruawaro, Im October 15. 1933, was outlined l»v the Crown Prosecutor (Mr Meredith) when the Court resumed 1 his morning. Again there was only a meagre pub | lie attendance. Numerous exhibits were arranged on Die table in front of the .jury, ami on the floor on one side | of flu* body of rhe Court, considerably I restricting the accommodation. have been drawn ak citizens to investigate that charge.” said Mr Meredith to the jury. ‘‘l feel it my duty to refer to out* matter. Long investigations by tin* police have been reported daily in the press. As a result there have been discussions on the theories advanced wherever mon meet. Your duty is to give your decision on the evidence given here in this Court. Yc.u must free your minds of everything yon have road or have Mr Meredith then referred to th-' fact that Bayly was represented by able counsel, who would do everything on his behalf, and then turned to the evidence to be offered. He said that Lakev was a man aged about 50, living with his wife, on properly at | Rua warm

LAKEY S HOME. Lakey’s home, said counsel, stood I on the skyline on a ridge, and had I acres- to Bains Road, by a May road, while further along Bayly had access I by another road to Bains Road. Near the boundary between Lakey’s and I Bavly’s properties stood J( wattle tree, to which reference would Im made, while Bayly’s house stood to the rear of Lakey’s. Bayly’s cowshed could be seen from across Lake 1 Whangape from Herbert’s farm. Lakey was fond of shooting. In his | house were several guns. A man named Gilmour left at Lakey’s, a pair •of boots used for shooting, and hud lent Lakey a pea rifle, kept al Ihr latter’s house. Lakey’s home' had only one door, and on one side, at the rear, there was an area enclosed by sheds. One shed wall was comprised of rough battens and sacks. When the police arrived, they found that one sack had been torn off. After describing ihe position of the duck pond. Air Meredith said a pair of wheels, with a frame, stood in one corner of the yard. Lakey’s cowshed was down the slope, and the ground about the house could not be seen from the cowshed. Lakey’s custom on a Sunday afternoon was Io have a cup of tea, after which Mrs Lakey would prepare the evening meal, set •the table, then follow her husband to the shed io assist in the milking. She would return to the house first, go to the duck pond, wash the gumboots. then enter the house to complete the evening meal. Lakey would follow later. A cream carrier called every day. except Sunday, so that on Monday mornings, there was cream from four milkings, not two. Lakey always placed the cans in a particular position at the gate, to assist the carrier. The habits of the Lakeys would be well-known in the district and to Bayly. RELATIONS WITH BAYLY. After <lescribing Lakey’s usual working garb, the Crown iProsecutor referred to relations between Bayly and the Lakeys. When Bayly first went to the district. Bayly used the Lakey’s property as an access to Bains Road, showing they were fairly friendly, while both used the same cream stand. However, it "was apparent that friendly relations between them had been broken before October 15. Bayly evinced hostility to Lakey, saying he would go to Lakey’s mortgagees and ruin him. Bayly had also said he would cut Lakey’s fence; also that Lakey would not last the season out. Ho also removed the milkstand, formerly used by both parties.

THE CRUCIAL DATE. Detailing the evidence regarding October 15. Mr Meredith declared the Lakeys were alive until after the afternoon milking. The next morning, a settler, Stevens, noticed Lakey’s cows were not milked. Stevens ami another farmer. Wright, decided to investigate. Mrs Stevens about the same time, saw Bayly driving a sledge towards his housefl Stevens and Wright, on arrival at Lakey’s, called out. but got no reply. They then went to the cowshed, finding the cows had not been milked, but the separator machines had been cleaned, after Sunday afternoon’s milking. “I think you may take it as cer tain that Lakey and Mrs Lakey completed all operations that day.” con tinned Mr Meredith, who detailed the condition of the Lakeys’ house when Wright, and Stevens entered. Everything was apparently ready for the Sunday night meal, so the time of Lakey’s and Mrs Lakey’s death was; immediately after the milking. MEDICAL EVIDENCE. Turning to the medical evidence. Mr Meredith said that Mrs Lakey had been struck two heavy blows on the chin, rendering her unconscious, and had been placed alive, face down, in the duck pond, the actual cause of death being asphyxiation. As her clothes were up round the waist, there

could be no suggestion that she fainted or fell there during a seizure of any kind. After Mrs Lakey’s body had been found it was discovered that guns in the house were missing, as

were Lakey’s suit and Gilmour’s boots. This raised Ihe supposition that the person who tried to stage the* appearance of Lakey’s disappearance did not know the boots were not Lakey ’s. On arrival of further police, exhaustive investigations wore made to discover Lakey. For anyone to attempt to dispose of anything belonging to Lakey would be fraught with the gravest risk. On the first day. Baylv assisted in the search, but di-i not stay long. Later when £lOO was offered for Lakey’s body. Bayly said: ‘‘lt would never do for me Io find it. Those down there would think 1 did it.” IB* also expressed the view twin* that tin* police were looking for something that did not exist. In conversation with Constable Kimes, who told the accused Mrs Lakey had been found, Bayly said that Lakey had put something across him in connection with sheep. “Why Bayly should refer to a matter like that at that time i< diflirult to understand.’’ continued the Crown Prosecutor. “ Bayly put forward this theory to Mrs Furness I that Mrs Lakey had had a seizure an ! that when Lakey had come up from the cowshed he had got breezy and cleared out with the guns. So the theory that Lakey had cleared out was set up by Bayly at the outset.’’ On Tuesdav when Furness was at Bavly’s house. Bayly (son.) said: “Bill had a good theory that Lakey put out the cream cans so that the carter would pick it up and give him time to ge‘ away.” On the same day Constable McEachern talked to Bayly at Bayly s house. Accused suggested that Lakey was in the scrub across the Lake, as he would not be likely to shoot himself. WHAT POLICE FOUND. On October 16, the police discovered wheel marks leading from Lakey’s yard to Bavly’s boundary. A pair of wheels with frame were noticed standing under a wattle tree nearbx. On examination it was found that the grass under the wheels was tresh green. On the frame were tresh shave marks, wliil<‘ down the sides blood* stains <-onl<l be seen by the naked eye. continued Mr Meredith. On the shave marks similar stains wore found. The approximate route taken by the frame wheels was shown by marks in th*cow droppings. On the other side oi Bavlv’s fence were sledge marks, leading to where the frame had been run. Bavlv accounted for- these by declaring that he had driven to examine the telephone post al the tenet* at Btiyly’s. The knife was examined by detectives and found to be very sharp. At the licet, the knife had several irregularities where I lie edge had been turned. Accused protested against tile police taking the iron, board of the .sledge .which was not removed till later. In Lakey’s yaid. a constable picked up a piece of wood, which was spattered with Wood. Tin' implement shed was then closely examined, and further blood noticed, while it was seen one sack had been recently taken from the wall. Shaving marks were discovered on n portion of the wall near to which were blood splashes. Concealing these was a benzine box, which had been moved, it was suggested, from the inside shed for that, purpose. From the ground shavings, grass mid stones were removed and sent to Auckland for examination and found to lie splashed with blood. A pea-rifle shell was also found on tin- day. On October 21 a search warrant was executed o'i Bayly. The police took possession of a belt and slieatli knife. It was then in a different condition compared with when first seen. At the same time, the police look possession of two pairs of dungarees. On one there were whai appeared to be spots of blood. Out of tin* pocket, fell a discharged penrifle shell, which Bayly said was from his rifle, declaring he had been shooting just previously. Expert evidence would show beyond human doubt, that it had been fired from the pearifle in Lakey’s house, which was subsequently found submerged in a swamp. Spots on the trousers later were positively Identified as human blood. On the same day. the front board of the sledge was taken and sent to Auckland, where tests showed blood. On the night of October 25. Bayly visited the police camp at the Lakeys' homo, complaining that some one was prowling round his place. Accused declared that his dog attacked a dog resembling Wright’s dog. which accompanied the prowler. Detectives pointed out that Wright dog was a slut, therefore Bayly’s dog would not attack it. There were two independent witnesses as to Wright’s movements that night. Constable Ross, who. billeted with Wright. and Wright’s farm hand. When detectives rang Wright, he was in bed. Baylv told the detectives there were four people in the district he had no

lime for. Wright, Sanson and Stevens. He then hesitated. When asked if the fourth was Lakey, he said ‘‘Yes.” Next day the detectives saw a shovel at Bayly’s cowshed, which he objected to them removing. They took the scrapings of a deposit on the lip. This proved to be the first step in finding the disposal of Lakey’s body, as an expert analysis of the sample showed burned bone, burned charcoal and burned sacking. Bayly told the detectives he did not know what the deposit was, as he had not been using the shovel in the house or garden. THE FINDING OF THE GUNS. AUCKLAND, May 22. At the Bayly trial. the Crown Prosecutor occupied the whole dav in outlining the case to the jury. ' He traversed all of the evidence to be presented, his speech occupying five and a-half hours. When he concluded, the Court rose until to-morrow, when the first evidence will be heard Greater public interest was shown this afternoon, when the attendance showed a marked increase. During the continuation of their search on October 30. the police probed the swamp from Lakey’s to' Bayly ’s property, said the Crown! iProsecutor. On Bayly’s land, sunk some inches under the surface, were

found the barrels of Lakey’s shot gun. tin' stock of the missing pea-rifle, and then other parts of guns. Baylv made the suggestion that someone had , placed the guns there. On examination, the barrels showed little rust, proving they had not long been submerged. SEARCH AT BAYLY’S PLACE. Towards the middle of November, he said, as a result of an analysi.of ash from a shovel, investigations (‘entred on Bayly’s property. From the cowshed' floor police took scrapings which yielded burned bone. wood, charcoal; and * t quanlity of melted lead, representing half the weight of a pea-rifle bullet. At the back of Bayl\ ’s house stood a cut-in-half oil drum, which had obviously been subjected to considerable heat. The police took scrapings from, the bottom of the drum, which showed small pieces of burnt Bone. wood, charcoal, and a small amount of molten lead. Baylv said he had burned only wood in the drum, and had heated some iron. When the other portion of the drum was found, the accused said he had cut it because it was no good. This was obviously untrue, as th** upper portion showed clearly the effects of intense heat. Questioned about some animal bones in the garden. Bayly said he did mH burn, butcrushed, them. BAYLY’S STATEMENTS. Mr Meredith then gave a resume of statements made by the accused regarding the Lakeys. 'The dav after the oil drum was seized by the police, Bavlv wrote a letter to his wife. Next day. he left the farm. “That letter suggests suicide. Whether it was his intention to give ihe impression that he was going Io commit suicide, or whatever was in his mind, he did not carry it out, because, later, he turned up in Auckland,” continued Mr Meredith. “The police then commenced digging in the garden close to accused’s house. Immediately, they came on pieces of small charcoal, with what seemed to be burned bone. Tliithey obtained by sieving tin* soik They also got burned rag, a metal runner from bract's, and a metal slud from trousers.’’

HUMAN BONES. The Prosecutor informed the jury that experts were able to <listinguisii many of the bones obtained as human. Many were from ihe vault of a skull. 1 which were characteristic of man. Another was portion of the atlas on which the head rested. Man was the only animal to carry his head erect. Therefore tin* alias was definitely human. 'The same night as the discovery of ihe Bones. Baylv was a r rested, IB* made no reply to l.ht* (charge. Invt'stigations continued after the arrest, yielding two false teeth, which were capable of resisting fire and maintaining their characteristics. Skull bones were also discovered. Other materials revealed included burned white rubber, and burned tweed. When the police emptied the sheep dip, ihe results were somewhat startling. One result was the discovery uf a cigarette lighter with a home-made wick of similar material to that found at Lakey’s. In the dip were several more pieces of skull, some of which could be fitted together to make one large piece. Mr Meredith then exhibited the top portion of a skull, with patches marked in red, which he stated had been prepared by pathologists to show where the bones found could be fitted together. Mr Meredith then referred to certain bones which he declared had been identified as portion of the radius, or elbow joint. 'The portions recovered comprised a socket, bone moving in a socket, both parts fitting each other. Another exhibit was a lock of hair, which witnesses would say resembled Lakey’s. On December 13. the detectives found that an up--1 right supporting the roof of the separator room in Bnyly’s cowshed had been shaved off. Oil was smeared over the Gia remarks, but no dust wa* 4 impregnated, showing that the oil was newly smeared. Tn the cowshed pieces of concrete bearing marks of burning wore seen. Tt was suggested that the drum had stood on these parts. A mutilated watch was discovered under Bayly’s carshed. Portion of the case had a. serial number on it. Tn a box in the carshed the police discovered small screws which fitted parts of the petrol lighter. After referring to two sheets of corrugated iron bearing smoke marks. Mr Meredith said the search was then divorti'd to the orchard, when' th" grass grew three feet high. The police cut the grass, and found sniaß l pieces of burnt bone, including a bone from the feet, and nine pieces definitelv identifiable as from a human skull. Tn every case where bone was found it was associated with small pieces of wood and charcoal. “A neat point for consideration is when were these bones burned,” continued Mr Meredith, who said they would not have stood weathering. The edges were sham and clear, and not

worn away, while the soil had not worked in. Burned flesh still adhered to some, showing that they had been onlv very recently burned. Expert< could not sav how old the bones wet' 1 when burned, but they would sav that the appearances were consistent with their being fresh when incinerated. Thorp were certain indications in hone formation showing age and sex. Pits in the skull did not exist nt birth, hut formed and increased with age. ' giving an indication of the age of anv individual. These pits gave an indication in this case of a middleaged individual, while other hone> were those of an individual in middle age. The sex could he reasonably ascertained by certain joints. Pieces of elbow joint were from the forearm of a muscular individual, and incompatible with a female. The deduction could, therefore, be made that the hones were those from a muscular, man. which Lakey was. “If not his, whoso bones could they be? Can you. for one moment, think some other corpse supplied those bones?’’ asked Mr Meredith, who, in conclusion, turned to the microphotographic exhibits. of pieces of wood from Lakey’s shed wall, and Bayly’s cowshed, where shavings had been cut away, showed certain marks left on the cuts. Experts would say these marks proved the cuts were made hv the same knife at approximately the same time. A microphotograph of Bayly’s knife showed a number of turns near the heel which fitted those marks. Similar photos had been made of shells fired from the pea-rifle found in the swamp, and Bavly’s pea-rifle. Marks left bv the strikers differed, showing that the shell found in Bavly’s dungarees had been fired from Lakey’s

gun. The shell found in Lakey’s yard was held by experts to have been fired by Bayly’s rifle.