SUPPLIES TO DAIRY FACTORY

Manawatu Standard, Volume LIV, Issue 149, 25 May 1934, Page 8

SUPPLIES TO DAIRY FACTORY

TO-DAY’S EVIDENCE

GOOD PROGRESS AIADE,

Per Press Association

AUCKLAND, Alay 25. Good progress is being made with the hearing of the murder charges against William Alfred Bayly in the Supreme Court. On the resumption to-day the nineteenth witness entered the box. Public interest remains at a constant level, the Court being full for every session. Only portion of the body of the Court is utilised, further members of the public being admitted as the others depart. The same procedure is followed in the women’s gallery to prevent congestion. Duncan AicKercher, manager of the dairy factory at Huntly, said the company’s carrier collected on Alonday s, Wednesdays, Fridays, and Saturdays last October. Alonday’s collection covered four milkings. AVitness produced a record of Bayly’s tally for October, giving the tests for the same period. Up to October 10 accused had 38 per cent., to the 20th 34 per cent, and to the 30th 32 per cent.

In reply to Mr Leary, witness stated that the amount of butterfat was primarily governed by the condition of the separator. Variations were common enough. AicKercher agreed that farmers sometimes retained portion of their crbam, for making butter, and other purposes. " To Air Aleredith : If a milking were missed it would retard production in several milkings after the doublemilking. A mechanic, Hubert George Hamer, of Ruawaro, stated that he was at the Lakeys’ on the Sunday before Lakey disappeared and talked about implements. He identified the wheels and frame as those he saw standing by the fence round the Lakeys’ house. Turkeys roosted on the axle, leaving droppings on tire ground there. The Thursday after Lakey’s disappearance the wheels were not there.

The finding of Mrs Lakey’s body was described by Constable David Robertson, of Huntly, who said that when informed the Lakeys were missing he rang Bayly at 9 a.m. on October 16 and asked if he had heard or seen anything of the missing people. Accused did not reply. Witness made a mistake in the name, asking about the Sansons. Bayly said the Sansons had children. Witness then said not the Sansons, but the Lakeys, asking Bayly to inform him if he ascertained anything. The constable described the appearance of the Lakeys’ kitchen on his arrival at the farm. The fire in the range was dead out. Witness took possession of a pearifle cartridge box and locked it in the Huntly police station. Witness was involved in an accident at Huntly when Constable Shields was killed and gave the keys to Constable Elms while in hospital. The beds of the Lakeys were made but had not been slept in. The only disturbances in the bedroom was that one drawer was slightly open. In the passage alongside the kitchen stood a double shotgun and single shotgun of .410 calibre, identical with those produced. , DISCOVERY BY DUCK POND. After visiting the cowshed the constable was returning to the house when he heard a cry and went to the duckpond and lifted a heap of manure sacks and discovered Mrs Lakey. The sacks were piled neatly for the full length of the body, which was face down, overhanging the water. The constable indicated by a photograph the position of the body in relation to the track to the cowshed. Rigor mortis had set in. The clothing was up waist-high at the front and consisted of a woollen cardigan, skirt, the gumboots, but no hat. The gumboots were clean, though there was a certain amount of mud in the cowyard. Mrs Lakey had a small abrasion on the chin and there was a discharge of frothy blood from the nose. The body was carried to the kitchen on a door and a doctor was summoned and arrived at 1.45 p.m. Witness made arrangements for an immediate search for Lakey and parties worked in different directions.

‘‘l saw Bayly first on the road a short distance from Wright’s gate,” continued the constable. ‘‘l stopped the car and got out. Bayly ivas approaching at full gallop from AVright’s. When I first saw him he was standing ! still. Bayly leaned over the horse j and said, ‘Has anything been done [about Lakey’s stock?’ I replied that I had made arrangements and that we had found Mrs Lakey. Bayly made no reply and rode away. Detectives and the police arrived from Auckland that afternoon. The two guns in the house did not appear to have been fired recently, being covered with cobwebs.” Witness said he found on the kitchen dresser a tobacco tin containing pearifle cartridges. He did not see a .22 calibre rifle in the house. In the bedroom were two boxes of .32 calibre revolver cartridges with a revolver. Witness was arms officer at Huntly and Bayly obtained a permit to obtain a .22 calibre rifle on October 12 from the Farmers’ Trading Company. COUNSEL’S QUESTIONS.

To Mr Leary, Constable Robertson said the duckpond shelved at the shallow end. Witness demonstrated how

Mrs Lakey was lying. When lie drove the car and met Bayly witness had not passed him. AVitness was not in uniform and was in a sedan car. He was the first constable on the scene and did not notice if there was a tub alongside the shed. Settlers joined in the search in the afternoon and worked in different directions across the Lakeys’, Furniss’s, and Bayly’s farms. AVitness was not on Bayly’s, which was visited by Constable Elms. Witness was entrusted with the glass jars, after the post-mortem and gave them to Constable Richardson to forward to the Government Analyst. Witness had not mentioned a second discharge of frothy blood from . Mrs Lakey’s nose at the Police Court. “At what stage have you remembered this discharge?”, asked Mr Leary. “I remember it very distinctly,” replied witness.” It was mentioned by Dr. McFarlane.”

Is it not strange that you did not mention it before?—l was not asked about it. His Honour said the constable could not be expected to remember everything in the Lower Court. He had previously referred to this method of examination.

“Do you rule the question improper?” asked Air Leary. “Not improper— waste of time,” replied the Judge. “It is an extremely important question bearing on whether it was an accident or murder,” replied Air Leary, who continued to question witness on the second discharge. The constable said the Lakeys had no permit for a revolver. Christopher Aloore, a barman, said he had left a pearifle at Joseph Gilmour’s at Ruawaro and identified the rifle produced as his. A salesman for the Farmers’ Trading Company, at Huntly, Alaurice Northmore, said he had ‘sold a riflle to Bayly on October 12 of the type produced. To Air Nortlicroft, witness stated that a sheath knife and steel exhibited were known as a rabbiter’s set and commonly used by fishermen and farmers.

Constable T. D. Elms said that on October 16 he was relieving at Huntly. He accompanied Constable Robertson to the Lakeys. After describing the condition of the kitchen and bedroom he referred to the finding of Airs Lakey in the duckpond. The search for Lakey commenced after the body had been removed to the- house, the parties separating after crossing the wattle tree paddock. AVitness commenced to search before lunch. He saw the wheels and frame standing under the watAde tree. EVIDENCE OF CONVERSATION.

“I saw Bayly at 12.30 near his house,” continued the constable. “I told him we had found Airs Lakey in the duckpond; also that we had discovered Lakey's gun was missing and that we were looking for Sam Lakey. I asked Bayly if he had seen or heard of Lakey. Accused said 'I suppose you already know we were not on friendly terms.’ I asked him again if he had seen Lakey or heard the report of a shotgun and he replied that he had not, and passed a remark tliatfi Lakey had put one across him over some sheep. I told accused I was not concerned with private matters and then left him.” FINDING OF SHELL. Constable Elms detailed the handling of- cartridges received from Constable Robertson. To Air. Leary, the constable said that on October 19 ho found a pearifle shell in the Lakey’s garden. There was a spider’s nest in it. He did not mention this in the Police Court as it had no importance. He reported it to his superior officers. He did not see a pipe found on the .Lakeys’ and identified as Lakey’s He could not say whether it had been just filled and lighted. “Is there any other matter not brought forward in the Lower Court?”, asked Air Leary. “Not that I know of,” replied witness, who then detailed the personnel of the search party on October 16. The constable admitted that it could be logical of Bayly to reply that he was not friendly with Lakey when asked as to the latter’s whereabouts, as he might, therefore, riot be conversant with JLakey’s movements. “Can you tell me anyone who searched the main portion of Bayly’s farm on October 16?,” asked Mr Leary. “None other than myself,” replied the constable.

Re-examined by Air Aleredith, Constable Elms declared that the pearifle shell found on the Lakeys’ was very similar to that now handed to him. The one produced contained a cobweb almost similar to the spider’s nest.