BAYLY MURDER CASE

Inangahua Times, 25 January 1934, Page 2

BAYLY MURDER CASE

(Per United Press Assn.) AGAINST BAYLY. FURTHER EVIDENCE. 1( * a AUCKLAND, Last Night. Constable Waters, of Auckland, said he was on duty at Roawaho on the night of October 30, with Constable Finch. He was in an old disused ensilage pit, about 50 yards from where 1 the guns were found. They took up that position at 7 pjn. | ‘‘ At about 8.55, I saw accused ooim* ( ing away from his house in the direc- . tion of the swamp. We were watch-

ing. ’ ’ Mr Meredith: ‘ ‘How were you in the £-t? ’ * ‘‘ We were lying flat down. Accused came on down the hill, stopped about half way between the swamp and his house. He had a good look all round and proceeded on to the swamp.” ‘•ln what direction?”—‘‘To where the gun parts had been found. ’ ’ ‘‘How far did he get in that direction?”—‘‘He walked round the side to the sticks marking where the parts of the gun had been found.” Constable Finch and I then accosted him. Finch called out, ‘‘Stop where you are!” Accused replied, ‘‘lt is all right. I had seen you.” lam quite sure he did not see us from where we were lying.”

‘‘Did he stay there?”—‘‘No; he went on up to hlls house and we were relieved and also went back to the camp next morning. I was assisting in’ searching the same swamp. Abont 9.30 I found the stock of a double barrelled shot gun embedded in the swamp. The stock is that now produced.” ‘ ‘How was it in the swamp when you saw it?”—‘‘lt was driven straight down into the swamp, the trigger end first and was about 2 ft. below the surface of the swamp.” Constable Ross, of Auckland, said he was billeted at the home of Wright, of Ruawaro, from October 19 to December 5. He was there every night. He usually arrived at Wrights - after 6 o’clock. After having had tea at the camp at Lakey’s place on the night of October 25th., he left the camp about 6.10 to go to Weight’s place. Mr and Mrs Wright were there. He stayed inside until about 9 o’clock, talking to Mr and Mrs Wright, and then they all went to bed. Shortly after he had gone to bed, the telephone rang and Weight answered it. Wright had been in the house all the evening. After hearing a total of fifteen police witnesses to-day, the Court adjourned until this evening.

PATHOLOGIST’S EVIDENCE. AUCKLAND, Last Night. Dr. Walter GilLmour, pathologist at the Auckland hospital, said that on October 19 he performed a post mortem examination on the body of Mrs Lakey. There was a bruise mark on the right half of the upper lip and there was an .abrasion on the point of the chin. There were two parallel linear scratches, quite superficial, along the rtght side of the jaw from the chin to the right angle of the jaw. The lower measured 3Jin. and the upper 2Jin. There was an abrasion over the angle of the right jaw bruising the under skin and there was an extensive deep haemorrhage extending from the

angle of the jaw upwards into the muscle of the temple. There was a small abrasion on the left side of the nose and a small abrasion on the hack of the right elbow and of the left, elbow. There was a small bruise in front of the left knee. The injuries on the face and elbow were quite fresh. No other ’lnjuries were found on the body, the internal organs of which were healthy.

Mr Meredith: ‘‘lt is in the evidence that Mrs Lakey was found with her body submerged in water. What, in your opinion, is the cause of the death of Mrs Lakey?”

‘‘ln my opinion death was caused by submersion of the face in water, while she was still alive. In my opinion prior to that she had received i two or more heavy blows to the face. ’ * ‘ ‘ With what result? ’ ’ ‘‘With the result that she was probably knocked unconscious.” < >what would be the result of immersion of her face in water?” “She would be drowned.” ‘‘Was there water in her lungs?” ‘‘No, they were merely congested.” ‘ ‘ls that consistent with your view?” ‘ ‘Yes, because a person who had received a knock-out blow would not struggle nor take any deep breaths when their face was submerged. * * “On October 20 you received certain exhibits from Detective AUsopp?” ‘‘Yes.” ‘‘What were those and how did yon deal with them?” ‘‘First on a pair of wheels, I found blood stains three inches in length on the tip of the axle. From this the blood had run down both the back and front of the axle. This was human blood. I received a frame consisting of a wooden cross bar and in front and of the flight and left side of the beam there were several blood stains. On the front of the cross bar on the upper surface 3| inches to the left of the centre holt, there was an area from which the surface had been recently shaved. This area was six inches long and covered the whole breadth of the bar. There was a small blood stain in this area. This was human blood. On the upper surface around t>

bolt there was a blood stain. From this some blood had rim down the haefc

surface to form a drop on the und Surface. This was human "blood. HUMAN BLOOD STAINS. 4 AUCKLAND, Last Night. Dr Gilmour, continuing, said th next exhibit examined was a portio of a fence consisting of seven batten loosely nailed to a cross bar. He de scribed in detail the blood spots an< streaks of blood found on the battens stating the blood was human. Thi next exhibit was a benzine box con taining soil from the ground in front of the fence of the implement shed. There were bloodstains on the soil and these were human blood. The next exhibit was labelled as containing dry grass, soil and wood chips from near the fence. It contained a stone with five spots of blood on it, two chips and some straw stained with blood. This last was tested and found to be human Mood. Another exhibit consisted of a small tm containing soil and wood chips from near tne implement shed. This consisted of one' wood chip stained with human blood and two pieces of soii containing straw and a shaving of wood. These were stained with human blood. The next exhibit was a top and bottom set of false teeth. There was rib jlood on the set. The upper denture was broken on the right side above the teeth from the centre almost to the back. The broken surface was fresh in appearance. The lower denture was broken in two. The next exhibit was labelled “Board from Bayly’s sledge from outside the car shed.'* On the upper surface adjacent to the recent crack in the board there was a smear of blood. This was human blood. The next exhibit was labelled “Bayly’s blue dungarees from the wash-house.’’ There were several blood stains on these. HUMAN BONES. AUCKLAND, Last Night. The next exhibit consisted of a sheath knife, belt, pouch and shefth and steel, continued witness. On the knife, blood was found in depressions on the back of the blade. This was human blood. No blood was found on j other parts of exhibit. The next 1 exhibit was a rifle found in Bayly’s cowshed on October 21. On the under-1 surface of the barrel there was a very j thin smear of blood from the handle, j Also on the under-surface of the bar- * rel there was a very thin streak of ' blood. “I was not able to detemf ne if these were human blood,’’ said witness: Witness said he had divided all the exhibits containing bone into three classes: (a) Fragments of bone which were too to be identified as either human or animal, (b) fragments of bone which were consistent with human origin; by that, he means he could fit them, into a part of a hiufian skeleton but they were not sufficiently , distinctive to enable him to say they might not be animal; (c) bones which 1 were undoubtedly human in origin. ~ Witness went on to definitely identify as-human some fragments of bone submitted to him and giving details of afi such fragments. Regarding the tuft of hair submitted to witness, he said, “A microscopic examination of the hairs proved ttwri to be human. Their appearance indicates that they are from the skull their coarseness suggests that they are from a male rather than a female,” added witness. The Court adjourned, with Dr Gil* mout’s evidence not completed. He is the fifty-third witness arid abofit ten more are to he heard. In an endeavour to finish this week, the Court will continue to sit day and . evening. ~ 2 Eighth Day j Pathologist** Evidence Parts of Human Body Identified Auckland, This day : The crowd outside the Court this morning was swelled by several hundreds in antioipation of further evidence by Dr. Gilmour, and there was a wild rush for positions, reminiscent of the opening day of the hearing of the Bayly double murder eharge. Dr Gilmour said that in the envelope of the fragments he received from Detective Allsopp on December 9th. he identified some as parts of a human collarbone and shinbone, and three pieces of skull. _ The other fragments were unidentifiable, but some were animal bones. In the exhibits received from Detective Finlay, four were pieces of ribs, two of the thighbone, one of fibula, one of legbone and four of backbone. Dr. Gilmour gave much more similar evidence. Another exhibit contained part of the bone on which the human head moves up and down. After describing one exhibit, Dr. Gilmonr said he deduced that the bones either came trom the same person or from a person of similar build. They were of the size and build of a muscular adult. Io further evidence, Dr. Gilmonr identified the pieces of wristbone, pieces of ibe base of the skull, metal trouser buttons, sp“gs from boots and a lace fastener from boots. Dr Gilmour, in reply to Wr Mere dith, said that of the bone exhibits 61 pieces were of human origin, ant of these 55 were from a skull. Th latter were easily distinguable. The; appeared to be from the skull of middle-aged person. Witness gave detailed reasons fp his conclusions that they were hr roan skullbones. There were definit indications that the bonea were thos of an adult, but they gave no. ev gf&eo of fiex, However, the atfcacl

(der manta of muscles were strongh * marked, and they, therefore, wart probably those of a paale. Mr Meredith : From an inspecfcior of the bones could you draw an 5 inference as to when they were jie burned ? on Witness: Yes; they clearly were ns burned recently. Most.of them were Le_ so fragile they would Dot hav? stood exposure io the weather. Not e of ls them showed signs of vre<ther. Tae kp oroken surfaces t>.e fie&niv orokec One very important point is there is evidence on the surface of j 1 charred fle«h. He concluded th- 1 ‘ 'he bones were fairly recent a'’ tba U time of tfie burning, but it was ie impossible .0 deterro ne bow old or a " bow fresh they were at the time 1 f ,s the burning. a The Courr adjourned fo* lunch, t, ■ .... . -==/ t