THE BAYLY TRIAL

Manawatu Standard, Volume LIV, Issue 148, 24 May 1934, Page 8

THE BAYLY TRIAL

NEIGHBOURS TENDER EVIDENCE INVESTIGATIONSi WITH POLICE ' | \ • ' " Per Press Association. / ; AUCKLAND, May 23. With, the formal evidence completed in the trial of WiT- • Ham Alfred Bayly, aged 28, a farmer,, who) is charged with murdering liakey, and Samuel lender Lu a Ruawaro. on October 15, • 1933, the Court to-day heard the testimony of Ruawaro settlers. Chref public interest centred in the appearance of the witness Arnold Thomas Wright, who was freely mentioned in Mr Meredith address. During the day Bayly followed the proceedings with a file of the Rower Court depositions. At the con elusion of the hearing he held a short but animated conversation with Ins solicitor, Mr Lusk.

FINDING OF MRS LAKEY’S BODY. The Crown Prosecutor, Mr V. R. Meredith, with him Mr F. McCarthy, are prosecuting, while Bayly is re P r ®" sented by Mr E. H. Northcroft and Mr L. P. Leary, instructed by Mr R. B. Lusk. Mr justice Herdman is on the bench. , When the trial resumed after the luncheon adjournment, Bertram Vernon Stevens, a settler of Ruawaro, described Lakey’s watch. Lakey when working wore Palmer nap trousers and gumboots. His hair was auburn and going grey. * ■ Cross-examined, witness stated lie could see Lakey’s house from his cowshed and also portion of the top ridge from Lakey’s to Bayly’s cowshed. From witness’s house a better view was obtainable, while portion of Lakey’s access could be seen from witness’s cowshed and house. Witness did not see Lakey start milking. Witness was prepared to swear that a sack was over the cans at Lakey’s gate. There were cream tins in the kitchen with definite marks showing the depth of cream, but only very little in the bottom. Two clean tins hung outside. The calves appeared to have been fed the previous evening. Skimmilk in a drum stood on a sledge outside the cowshed. Witness could not remember if the machines were clean. Mr Northcroft then questioned Stevens regarding the finding of Mrs Lakey. “How large was the mark on her chin?” asked counsel. “It was not very big. and would not cover a threepenny-bit,” witness ieplied. Witness said Lakey’s dog was chained to the kennel. It was Lakey’s habit to chain the dog at night. W itness had renewed his petrol lighter wick six weeks before Lakey’s death. He had not seen the wick in Lakey’s lighter but Mrs Lakey told him it was the same as in witness’s lighter. To Mr Meredith, Stevens said that, from the cowshed, he could see past the Lakeys’ house two paddocks to the east. It would, not take long to feed Lakey’s calves, which drank from troughs in the cowyard. Witness then demonstrated with clips of paper how the sacks were piled on Mrs Lakey. When found, the body was completely concealed. APPEARANCE OF FARM. Another Ruawaro settler, Arnold Thomas Wright, said that on October 15 he was home with his wife. The boy Brader returned at 2.30 from the Lakeys’. After milking, witness’s employee, Cunningham, had a meal. Witness spent till 9 p.m. fixing the wireless set. The following morning he saw Lakey’s cows unmilked in the paddock. He did not see anyone about ' at Lakey’s farm. At 7.30 he met Stevens and went to Lakey’s farm entering the gate off Bain’s Road. Two cream cans stood outside the gate near four posts. Witness did not examine them, but Stevens moved the sacks and shook one. They proceeded to the Lakeys’ house, but found no one there. At the cowshed he noticed the separator, machines and floor had been washed. Returning from the shed, witness entered the house, finding that the beds had not been slept in. Two pots containing meat and potatoes stood on the range. There was a milk pudding on the rack ahove. The Lakeys had their evening meal after milking. Witness notified the Huntly police by a neighbour’s telephone. Stevens and witness milked the cows. There were no cream buckets at the shed.

(exhibit 15) was from the implepient slled. Mr Leary said witness had declared in the Lower Court that he could not say whether he could recognise exhibit 10'. “You have just told us No. 15 is from the fence,” continued counsel. “In the Lower Court you said exhibit 15 is similar to the one referred to. You said, ‘I see a shaving on. it, but I could not say if it was the shaving or not’.” “Things have come back to me differently now,” replied Wright. “There may be things 1 said in. the Lower Court I would not say now.” “Y 7 ou have talked this ovei with your neighbours?” asked ; Mr Leary. “Yes; it is only natural.” Y'ou have talked it over with the police? —Yes, some of them. Who have talked it over with you. “The whole countryside has talked it over probably,” interjected the Judge. Wright enumerated a. number of constables with whom he had discussed the ease and admitted discussing _it with Mr Meredith since the prelimmarv hearings. A youth, George Cunningham, employed by Wright at Ruawaro, gave evidence. Regarding the evening qf October 15, Wright was home fixing the wireless. On the night the detectives rang about the dog Wright was home listening to the wireless. Constable Ross wa.s present,, while witness was in bed when the ring came and he did not see who answered it. Charles Alexander Sanson, a Ruawaro farmer, said he saw Bayly taking the cream out on the morning ot October 16. Accused was driving a sledge on his outlet near the main road. Witness went over to the Lakeys’ farm, going first to the cowshed. The Court rose at this stage. RESUMPTION OF EVIDENCE. FARMERS IN THE BOX. WITNESSES IN SPECIAL CARS. Per Press Association. AUCKLAND, May 24. Further evidence was given by Ruawaro settlers at the resumption of the trial of William Alfred Bayly on double .murder charges in tlie Supreme Court this morning. A party of 10 farmers were brought to Auckland in special cars for to-day’s session. Charles Alexander Sanson, a farmer, continued to describe his visit to the Lakeys’ farm on the morning of October 16 and corroborated the previous witnesses’ account of the .finding of Mrs Lakey. The only mark he. noticed was a piece of skin off her chin. Tlie face was discoloured and frothy matter opzed from the mouth as they turned over the body. It was carried to the kitchen and never placed near the implement shed. Witness participated in the search for Lakey and he identified the pair of wheels and the frame as the vehicle which had stood in tlie Lakeys’ yard as long as he could remember. He had assisted Lakey' on the farm by cutting and doing odd jobs. Lakey previously possessed a railway lever watch and witness' declared the -watch produced was similar to Lakey’s. Deceased when working wore a jersey, Palmer nap trousers, gum boots, and nap trousers of dark tweed with a stripe. Lakey’s liair was brownish and going grey, similar to a look produced. Deceased had false upper teeth.

Witness then detailed Lakey’s system of milking and handling cream and skim-milk. On the arrival of the police and other neighbours, all went to the house. Passing the duekpond the neighbour, Slater, called out, lifting a sack from the pond. Constable Robertson lifted bags, disclosing Mrs Lakey lying face down, her head being in the pond, partially submerged. Her arms were crossed in front of her face, and her clothing was up round her waist. When the body was turned over they noticed that the face was discoloured and a small piece of skin was missing from the side of the chin. There w r as frothy blood at the nose. The sacks were wet. On Sunday night showers had fallen. When the search was made for Lakey that day, witness did not go out, but assisted next day and for three weeks. On October 18 he saw wheels and a frame at a wattle tree, noticing that there was a cut four to five inches long on part of the frame. The grass under the wheels was green. There were fowl-droppings on the frame two or three days old, but there were no fowls near the tree. Witness was present next day at the Lakeys’ farm when Constable Flynn picked up a broken wooden batten marked with blood streaks. This batten was similar to the battens comprising the wall of the shed. He saw at the same time a crossbar holding, the battens. This had been shaved. Lakey had an old cart and one horse. Witness did not see the horse on Monday. “I have two cattledogs—one bitch and one dog,” continued Wright. “I do not tie her up. Sometimes I tie him up. They are easy to handle and very friendly." I remember the night. Detective Snedden rang mo about the dog. I was in the house with my wife and family, Constable Ross and a man I have working for me, George Cunningham. Ross arrived about 7. After having a meal I spent the evening sitting talking. No one went out that night. I went to bed a little before 9, about the same time as Ross.” . Asked to examine a lock of hair, Wright said it -was of similar colour to Lakey’s. Deceased had an 18-ft. launch and a duekpunt. On the night of Lakey’s disappearance the boat was two chains off the shore of Bayly’s property. The lake was very low and the launch was high and dry. He did not know where the duekpunt was. In reply to Mr Leary, Wright,said the dav previous to the tragedy was wet. There were one or two showers on Sunday, ■which was very blustery. TIMBER IDENTIFICATION. “You recognise this as a piece from the frame and wheels?” asked Mr Leary, showing witness a piece of timber (exhibit 10). —Yes. Asked to place the timber in position in the frame, Wright said lie was not sure where it came from. He thought it was from the end of the frame. Wit, ness said he felt sure the other timber

Sanson described Lakey’s boats. Cross-examined, he said Lakey repaired them. The implement shed was used for boats to convey ti-tree and sand across the lake. Mr Northcroft (showing the lock): There is nothing unusual about brown hair going grey ?—No. Witness added that the exhibit was very like Lakey’s. Sanson outlined on a map how far he could see Bayly moving along accused’s access. The sacks were spread over Mrs Lakey fairly evenly and not crumpled.-He could not remember the colour of Mrs Lakey’s skirt or upper garment and could not remember how large was the bruise on her chin. The fourth Ruawaro farmer, John William Slater, said he accompanied Sanson to Lakeys’ on the morning qf October 16 and met Wright and Stevens milking and then went to the house. ‘‘Passing tire duekpond I saw sacks. I had seen them before that morning and thought it peculiar, but never thought anything wrong,” continued Slater. “I went to them and lifted a sack up at the corner and saw a gumboot and a woman’s knee. I called out, ‘Constable Robertson, here’s “pet,” ’ referring to Mrs Lakey. Constable Robertson removed the sacks, which totalled a dozen. The body was lying from the waist overhanging the water and the face was partially covered.” Witness knew two guns were in the Lakeys’ house and detailed the working clothing worn by Lakey. The buttons on the Palmer nap trousers were rivetted, not sewn, and were of metal, not bone. t “That is about the colour of Lakey’s hair,” declared Slater when shown a lock. CONVERSATION RECALLED. Witness recalled a conversation between Lakey and Bayly and a man named .Stent, at which he was present. Bayly asked Lakey to cut a fence and put a road through. Lakey just .laughed. They were talking about 15 minutes in the Lakeys’ yard. Bayly formerly took the cream out along the ridge past the Lakeys’ house to a joint stand on Bain’s Road. After the quarrel Bayly used a separate outlet. Cross-examined by Mr Leary, Slater said he- was not sure if the conversation' regarding the fence was two months before October. It was, he thought now, during the duck-shooting season, but not at Christmas. A . girl named Venn and a man named Baldick were present. At the start of the conversation witness and < Mrs Lakey were at the back door, Lakey, Bavlv and Stent at the fepce, and Miss Venn and Baldick by the implement shed. . T . Mr Leary asked when Bayly remov- 1

ed the top of the cream stand at the Lakeys’ gate. Witness: J am not quite sure on that point. The nap trousers bore buttons marked “Aon” ” These were a common type of button. Sla.ter then outlined the searches made for Lakev’s body. HAIR COMPARED. Mr Leary asked Mrs Bayly to remove her hat,, taking.tier iu tne witness f>ox, and asking witness to compare the lock exhibited with her hair. Slater said the difference was that the lock contained grey hairs. Counsel asked witness to indicate the grey to the jury and Slater pointed to one portion of the tuft. Only one grey hair was observed. Mr Leary asked witness if lie had been informed that Bayly took stock from Lakey in payment of interest. Slater said ho did not remember. He remembered Bayly saying Lakey was well back in his interest. Witness told Bayly he ' “thought Lakey was better in than that.” GIRL’S EVIDENCE. The daughter of the previous witness, Elsie Slater, aged 12, said she had stayed at the Lakeys' for the school holidays for three, weeks on one occasion. The Lakeys were then milking and she described the routine followed by the Lakeys before and after the afternoon milking. Lakey kept on his working clothes on Sundays. He had a dark suit and tan boots, which he wore on his visits to Huntly. The girl then commenced to cry and was allowed to sit for a few moments. “We will not be long now,” said His Honour. Witness was still unable to proceed, however, and so was allowed out of Court. After a brief retirement the girl returned. She said Lakey used a lighter for his pipe. Mrs Lakey supplied the wick. Witness was then given a vvorkbasket and asked if she could see the kind of stuff used for the wick. After deliberating she drew a long piece of woollen material, which she said Mrs Lakey plaited. In reply to Mr Leary, witness said that when a detective first saw her he brought a lighter with him. He did not bring pieces of wool. She did not know who first asked lier about the wick.

Witness again commenced to cry. “My cross-examination is somewhat important,” said Mr Leary, who suggested that witness should stand down until after lunch. Witness was able to continue soon without leaving the box. Mr Leary compared the evidence of the Lower Court with the evidence now given in regard to Mrs Lakey’s habits after milking. “Have you talked it over with anyone?” asked counsel. Witness: No. After further questioning the girl said she had spoken to Detectives Allsopp and Sneddon. WITNESS’S STATEMENT. Leonard Stent, a Ruawaro farmer, said he knew the Lakeys and Bayly. They were not on friendly terms. He continued: Bayly discussed the Lakeys with me. He told me he wished he could get them out. Bayly said he would go to the mortgagees, to their creditors and to the dairy company to tell them to foreclose on the Lakeys. This was in August and September, 1932. In 1932 accused said Lakey would not see ithe next season out. That was when they had an argument over the fence. Bayly wanted to cut a fence to get a road out through the Lakeys’ property. At this stage the Court adjourned for lunch.