Opening Address in Ruawaro Trial

Manawatu Times, Volume LIX, Issue 7471, 23 May 1934, Page 7

Opening Address in Ruawaro Trial

Prosecutor’s Speech Occupies Five-and-a-half Hours

First Evidence to be Heard To-day

Per Press Association. AUCKLAND, Last Night. The Crown case against William Alfred Bayly, aged 28, farmer, who is charged in the Supreme Court with murdering Christobel Lakey and Samuel Pender Lakey, at Ruawaro on October 15, 1933, was outlined by the Crown Prosecutor (Mr. Meredith) when the Court resumed to-day. Numerous exhibits were arranged on a table in front of the jury and on the floor of one side of the body of the Court, considerably restricting the accommodation. The Crown Prosecutor occupied the whole day outlining the case to the jury. He traversed all the evidence to be presented, his speech occupying 51 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.

“The charge is a grave one and you have been drawn as citizens to investigate that charge,” said Mr Meredith to the jury. “I feel it is my duty to refer to one matter. The long investigations by the police have been reported daily in the Press. As a result there have been discussions and theories advanced wherever men meet. lour duty is to give your decision on the evidence given here in this Court. You must free your minds of everything you have read and heard.” Mr Meredith then referred to the fact that Bayly was represented by able counsel who would do everything on his behalf, and then turned to the evidence to be offered.

the supposition -that the person who tried to stage the appearance of Lakey’s disappearance did not know the boots were not Lakey’s. On the arrival of further police exhaustive investigations were 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 Bayly assisted in the search, but did not stay long. Later, when £IOO was offered for Lakey’s body, Bayly said: ‘‘lt would never do for me to find it. Those ’s down there think I did it.” He also expressed the view twice that the police were looking for something that did not exist.

Lakey, he proceeded, was a man aged about 50, living with his wife on a property at Kuawaro. The Lakeys’ borne stood on the skyline on a ridge, and had access to Bain's road by a cla} road, while further along Bayly had access by another road to Bain’s road. Near the boundary between the Lakeys’ and Bayly’s properties stood a wattle tree, to which reference would lie made, while Bayly’s house stood to the rear of Lakeys’. Bayiy's cowshed could be seen from across Lake YVhangapo from a settlr-r named Herbert s farm. Lakey was fond of shooting. In his house were several guns. A man named Gilmoitr left at the Lakeys’ home a pair of boots used for shooting and had lent Lakey a pea rifle, which was kept at the latter’s house. The Lakeys’ 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 one sack had been torn off. Lakeys' Sunday Custom After describing the position of the duckpond, Mr Meredith said a pair of wheels with a frame stood in one corner of the yard. Lakey’s cowshed was down a slope and the ground about the house could not be seen from the cowshed. The Lakeys’ custom on Sunday afternoon was to have a cup of tea, after which Mrs Lakey would prepare the evening incal and set. the table. Then she would follow her husband to the shed and assist in the milking. She would return to the house first and go to the duckpond and wash her gumboots. Then she would enter the house to complete the evening meal. Lakey would follow later. The cream carrier called every day except on Sunday, so that on Monday mornings there was cream from four milkings and 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.

Alleged Statements In conversation with Constable Elmes, who told accused that Mrs Lakey had been found, Bayly said Lakey had put something across him in connection with sheep. ‘'Why Bayly shout'd refer to a matter like that at that time is difficult to understand, continued the Crown Prosecutor. Ba\lv put forward this theory to Mrs Furniss: That Mrs Lakey had had' a seizure and that when Lakey had come up from the cowshed ho had got: breezy and cleared out with,the guns. So the theory, that Lakey had cleared out was set up by v ßayly at the outset. On the Tuesday when Furniss was at Bayiy's house Baylv, senr., said: "Bill has a good theory that Lakey put •»ut. I the cream cans so that the carter would [pick them up and give him time to get away.” On the same day Constable, McEachern talked to Bayly at Bayiy’s house and accused suggested Lakey [was in the scrub across the lake, ns he would not be likely to shoot, himself. Continuing, the Crown Prosecutor said that, on October 16. the police discovered wheel marks leading from Lakey's yard to Bayiy’s boundary. A pair of wheels with a frame were noticed standing under a wattle tree near by. On examination it was found that the grass under the wheels was fresh green. On the frame were fresh shave marks, while down the sides bloodstains could be serin by the naked eye. On the shave marks similar stains were found. The approximate route taken by the frame and wheels was shown by marks ?n the cowdroppiugs. On the other side of Bayiy’s fence were sledge marks leading to where the frame had been run. Bayly accounted for these by declaring ho had driven to examine a telephone post at the fence. Bayiy's knife was examined by detectives and found to be very sharp. At the lied the knife had several irregularities where the edge had been turned. Accused -protested against the.-police taking the front board of the sledge, which was not removed till later. In Lakey’s yard a constable picked up a piece of wood which was spattered with blood. The implement shed was then closely examined and further blood was noticed, while it was seen that one sack had been recently taken from the wall. Shaving marks were discovered on portion of the wall near to which were blood splashes. Concealing these was a benzine box which had been moved, it was suggested, from inside tlic shed for that purpose. From the ground shavings, grass and stones were removed and sent to Auckland for examination and were found to be splashed with blood. A pen rifle shell was also found the same day. Search Warrant Executed On October 21 a search warrant was executed, on Bavly. The police took possession of a belt and a sheath-knife. It was then in a different condition compared with when first seen. At the same time the police took possession of two pairs of dungarees. On one there were what appeared to be spots of blood. Out of a pocket fell a discharged pearifle shell which Bayly said was from his rifle, declaring that 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 subsequently was found submerged in the 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.

After describing Lakey’s usual working garb, tho Crown Prosecutor referred to the relations between Bayly and the Lakeys. When Bayly first went to the district he used, the Lakeys’ property as an access to Bain’s road, showing that, they were fairly friendly, while both used the same cream stand. However, it was apparent the 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. Baylv had also said he would cut, Lakey’s fence, also that Lakey would not last the season out. He also removed the milkstand formerly used by both parties.

Detailing the evidence regarding October 15, Mr Meredith declared that the Lakovs were alive until after the afternoon milking. Next morning a settler, Stevens, noticed that Lakey’s cows were not milked. Stevens and another farmer, Wright, decided to investigate. Mrs Stevens about the same, time saw Bayly driving a sledge towards his house. Stevens and Wright on arrival at Lakeys’, called out but got, no reply. They then went to the cowshed, finding the cows had not been milked, but the separator and machines had been cleaned. “After Sunday afternoon’s milking I think you may take it as certain that Lakey and Mrs Lakey completed all the operations of that day,’’ continued Mr Meredith, who detailed the condition of the Lakeys’ house when Wright and Stevens entered. Everything apparently was ready for the Sunday night meal, so the time of Lakey’s and Mrs Lakey’s death was immediately after the milking. Mrs Lakey’s Death

On the night of October 25 Bayly visited the police camp at the Lakeys’ home, complaining that someone 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’s 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 was billeted with Wright, and Wright’s farmhand. When the detectives rang Wright he was in bed. Bayly told -the detectives there were four people in the district lie had no time for—Wright, Sanson, and

Turning to the medical evidence, Mr Meredith said Mrs Lakey had been struck two heavy blows on the chin, rendering her unconscious, and had been placed alive face down in the duckpond, the actual cause of death being asphyxiation. As her clothes wore up round her 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 the guns in the house were missing, as were Lakey’s suit and Gilmour’s boots. This raised

Stevens. He then hesitated. When asked if the fourth was Lakey lie said •'Yes.” Next day detectives found a shovel at Bayiy’s cowshed which lie objected to them removing. They took a scraping of deposit on the lip and this proved to bo the first step in the finding as to 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. Finding of Gun Parts.

During the continuation of the search on October 30 the police probed the swamp from Lakey’s to Bayiy’s property, said the Grown Prosecutor. On Bayiy’s land, sunk some inches under the surface, were found the barrolls of Lakey ’s shotgun, the stock of the missing pearifle and then other parts of guns. Bayly made the suggestion that someone had placed the guns there. On examination, the barrels showed little rust, proving that they lutd not long been submerged.

Towards the middle of November, as a result of an analysis of ash from a shovel, tho investigations centred on Baylv’s property. From the cowshed floor the police took scrapings, which yielded burned bone, wood charcoal and a quantity of melted lead, representing half the weight of a pearifle bullet. At the back of Bayiy’s house stood the cut half ot" an 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. Bayly said he had burned only wood in the drum. He had heated some iron. When the other portion of the drum was found, accused said lie, had cut it because it was no good. This was obviously untrue, as the tipper portion showed clearly the effects of intense heat. Questioned about some animal bones in the garden, Bayly said he did not burn but crushed them.’

Mr. Meredith then gave a resume of fftfNomcnts made by accused regarding the Lakeys. The day after the oil drum was seized by the. police Bayly wrote a letter to his wife. Next day he left tho farm. “That letter suggests suicide. Whether it was his intention to give the impression he was going to commit suicide, or whatever was in his mind, he did not carry it out, because later lie 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 bo burned bone. This they obtained by sieving the soil, also getting burned rag, a metal runner from braces, and a stud from trousers.” The Prosecutor informed the jury that experts were able to distinguish many of the bones obtained as human. Many were from the vault of the skull, which were characteristic of a man. Another was a portion of the atlas, on which the head rested. Man was tha only animal to carry his head erect; therefore, the atlas was definitely hu man.

The same night as thd discovery of the bones, Bayly was arrested. He made no reply to the charge. The investigations were continued after his 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. Discovery in the Sheep-dip. When the police emptied the sheepdip the results were somewhat startling. One result was the discovery of a cigarette lighter, with a homemade wick of similar material to that found at Lakey’s house. In the dip were several more pieces of skull, some 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 tho 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 the socket and the bone moving in the socket, both parts fitting each other. Another exhibit was a lock of hair, which witnesses would say resembled Lakey’s.

On December 15 detectives found that an upright supporting the roof of the separator room in Bayly’s cowshed had been shaved off. Oil was smeared over the shave-marks, but no dust was impregnated, showing that the oil was newly smeared. In the cowshed pieces

of concrete bearing the marks of burning were seen. It was suggested that the drum had stood on these. Parts of a mutilated watch were discovered under Bayiy’s carshed. Portion of the case had a serial number on it. In a box in the carshed the police discovered small screws, which fitted parts of a petrol lighter.

Bones Said to be Human. After referring to two sheets of corrugated iron bearing smoke marks, Mr. Meredith said the search was then diverted to tho orchard, where the grass grew three feet high. The police cut the grass and found small pieces of burnt bone, including a bone from the feet and nine different definitely identifiable from the human skull. In overv case where bone was found it was "associated with small pieces of wood charcoal.

“A neat point for consideration is: When were those bones burned!” continued Mr. Meredith, who said, they would not have stood weathering. The edges were sharp and clear and not worn away, while the soil had not worked in. Burned flesh adhered to some, showing they had been only very recently burned. The experts could not say flow old the bones were when they were burned, but they would say that the appearances were consistent with their being fresh when incinerated. There were certain indications in the bone formation showing the age and sex. Pits in the skull did not exist at birth, but formed and increased with age, giving an indication of the ago of any individual. These pits gave an indication in this case of a middle-aged individual, while tho other bones were those of an individual in middle-age. Tho sex could bo reasonably ascertained by certain joints. The pieces of the elbow joint were from the forearm of a muscular individual, incompatible with a female. A deduction could, therefore, be made that the bones were those from a muscular middle-aged man, which Lakey was.

“If not his, whose bones could they be? Can you, for one moment, think that some other corpse has supplied those bones?” asked Mr. Meredith, who, in conclusion, turned to microphotographic exhibits. Microphotographs of pieces of the 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 that these marks proved that the cuts were made by the same knife and at approximately the same time. A microphotograph of Bayly’s knife showed a number of turns near the heel which fitted these marks. Similar photos had been made of shells fired from the pcari.fle found in the swamp —Bayly’s pearifle. The marks left by the strikers differed, showing that the shell found in Bayly’s dungarees had been fired from Lakey’s gun. The shell found in Lakey’s yard was held by the experts to have been fired by Bayly’s rifle.