First Witnesses Heard in Bayly Trial

Manawatu Times, Volume LIX, Issue 7472, 24 May 1934, Page 7

First Witnesses Heard in Bayly Trial

Evidence Given by Neighbours Finding of Mrs Lakey’s Body Per Pi’css Association. AUCKLAND, Last Night. Formal evidence was called when the trial of William Alfred Bayly on the Ruawaro murder charges was resumed in the Supreme Court to-day. There was a fair crowd in the body of the Court, but few women were in the gallery. As on the preceding days, accused's wife was present, sitting behind counsel for the defence. With the formal evidence completed in the morning, after lunch the Court heard the testimony of Ruawaro settlers. Chief public interest centred in the appearance of Arnold Wright, who was freely mentioned in Mr. Meredith’s address. During the day Bayly followed the proceedings with a file of the Lower Court depositions. At the conclusion of the hearing he held a short but animated conversation with his solicitor, Mr. Lusk.

The first witness called was John Joseph Carroll, surveyor, who produced five plans he had prepared showing the Ruawaro distret, including the Lakey and Bayly properties. Copies of the plans were distributed to the jury. The plans showed the road boundaries of the properties, swamp, houses, outbuildings and levels. Replying to Mr. Nortkcroft, who is defending accused, witness said the top of the ridge in the wattle paddock would be visible from Wrights, Witness understood Bayly’s access ran from the southern corner of the property up to the ridge. Once it started to rise the route was in view of the properties to the northeast and east. Calvert’s prooverlooked a portion of the main road perty overlooked a portion of the main road to Bayly’s gate, also all the approaches to Lakey’s oxcopt from the east area. Bayly’s entrance paddock was approximately 12 acres.

Photographs Produced A series of photographs taken un the Lakey property on October 18th and 19th were produced by Constable C. M. Francis, police photographer jf Auckland. These included the wheels and frame standing under the wattle tree and the fuckpond which had been drained. In reply to Mr. Leary the constable said the wheels were in the same position as when first discovered. Frank Stewart, commercial photographer, said that on January Bth .e went to Ruawaro in an aeroplane piloted by Squadron-Leader Hewitt, and took a series of aerial photographs, showing the Lakey homestead, garden, cowshed, Bayly’s house, cowshed and car shed. At this stage witnesses were ordered out of Court. Further photographs were produced ,;y Senior Sergeant E. W. Dinnie, of Wellington. Guns Were in Passage Raymond George Brader, who was living with his stepfather, Mr. Wright, at Ruawaro, said that on October 15th he was at Lakeys. When he arrived at 11.30 a.m. both the Lakeys were at home. Witness had lunch there, leaving at 2.30. Lakey was dressed in a singlet, dirty blue pullover and working trousers. Lakey’s shotgun, Mrs. Lakey’s shotgun, and a pea rifle stoid in the passage. Brader said that when he left Mr 3. Lakey came to the gate and kissed him. The Lakeys seemed all right the”. In reply to Mr. Leary the boy said he had been to Lakey’s since October 15th, but had not seen a boot in the shed since then. Bertram Vernon Stevens, settler, of Ruawaro, said tho Lakeys got on very well together. Throughout October 15 he could see part of tho Lakeys’ property. That day at 6.30 p.m. he saw a man with the cows at the Lakeys’ cowshed. The following morning he noticed the Lakeys’ cows still in the paddock. Witness then saw Wright, who went with him to the Lakeys’. At the Lakeys’ gate stood two cream cans covered with a sack. Witness shook one can, which seemed to have some contents. AYright and witness then visited the Lakeys’ house. Knocking and receiving no reply, they went down io the cowshed. There was no one there. On their return they entered the house. Discovery of Woman's Body. AA’itness detailed the state of the kitchen. The police were notified and after their arrival a settler named Slater discovered Mrs. Lakey under sacks at tho duckpond. She was face down, with her head overhanging and submerged in the water, her arms being crossed in front of her face. She had a small mark on the chin and clotted blood ran from the nose. The body was clothed in working clothes, which were pulled waist-high in front. Witness identified the guns produced as Lakey’s and Mrs. Lakey's. <Jn the same day the search for Lakey commenced, six or seven participating. AYitness saw the wheels and frame which were usually in Lakey’s yard standing under a wattle tree. Lakey had a false upper denture and smoked a cherrywood pipe, which he lit with a lighter or matches. Mrs. Lakey gave witness a piece of wick similar to Lakey's. Resuming after lunch, witness described Lakey’s watch. Lakey, when working, wore palmer nap trousers and gumboots. His hair was auburn, going grey.

Cross-examined, witness stated he could seo the Lakeys’ house from his cowshed: 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 the Lakeys’ access could be seen from witness’ cowshed and house. Witness did not see Lakey start milking, nor did he know Lakey’s habit of lotting the cows out after 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. AVitness could not remember if the machines were clean. Mr. Northcroft then questioned vStevens 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 replied. AVitness said Lakey’s dog was chained to the kennel. It was Lakey’s habit to chain the dog at night. AAritness had renewed his petrol lighter wick six weeks before Lakey’s death. He had not scon the wick in Lakey’s lighter but Mrs. Lakey told him it was •the same as in witness’ 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 tako long to feed Lakey's calves, which drank from troughs in the cowyard. AVitness then demonstrated with clips of paper how the sacks were piled on Mrs. Lakey. AVhen found, the body was completely concealed.

Beds Not Slept In, Says Witness. Another Ruawaro settler, Arnold Thomas AWight, said that on October' 15 he was home with his wife and boy. Binder returned at 2.30 from the Lakeys’. After milking, witness’ employee, Cunningham, had a meal. AVitness 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 lie met Stevens and wont to Lakey’s farm, entering the gate off Bain’s road. Two cream cans stood outside the gate near four posts. AA’i'tness did not examine thorn, but Stevens moved the sacks and sliook 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 tho 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 above. The Lakeys had their evening meal after milking. AVitness notified the Iluntly police by a neighbour’s telephone. Stevens and witness milked the cows. There were no cream buckets at the shed. AVitness 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 tho duckpond the neighbour, Slater, called out. Lifting a sacs from the pond, Constable Robertson lifted bags, disclosing Airs. 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. AA'hcrt 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 was frothy blood at the nose. The sacks were wet. On Sunday night showers had fallen. AA’hen 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 tho wheels was green. There were fowl-droppings on the frame two or three days old, but there were no fowls near the tree. Blood Streaks on Batten. AVitness was present next clay 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 shod.* He saw at the same time a crossbar holding the battens. This had been shaved. Lakey had an old cart and one horse. AVitness did not see the horse on Monday. “I have two cattledogs—one bitch and ono 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 me about the dog. I was in the house with my Avife and family, Constable Ross and a man 1 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 duckpunt. On the night

of Lakey’s disappearance the boat was two chains off the shore of Bayly’s property, The lake wms very low and the launch was high and dry. He did not know where the duckpunt was., In reply to Mr. Leary/ Wright ■ said the day previous to the tragedy- was wet. There were one or two showers on Sunday, which was very blustery. Identification of Timber. “You recognise this as a piece from the frame and wheels?’’ asked Mr. Leary, showing witness a piece of timber (exhibit. 10). Wright said: “Yes.' 1 Asked to place the timber in portion in the frame, Wright said he was not sure where it came from. He thought it was from the end of the frame. Witness said ho felt sure the other timber (exhibit 15) was from the implement shed.

Mr. Leary said witness had declared in the Lower Court that he could not say whether he could recognise exhibit

“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. Tou said, ‘I see a shaving on it, but I could not say if it was the shaving or not.’ ”

“Things have conic come back to mo differently now,” replied Wright. “There may be things I said in the Lower Court I would not say now.” “You have talked this over with your neighbours? asked Mr. Leary. “Yes; it is only natural.” You 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 case and admitted discussing it with Mr. Meredith since the preliminary hearings. A youth, Georgo Cunningham, employed by Wright at Ruawaro, gave evidence. Regarding the evening of 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 Boss was present, while witness was in bed when the ring came and did not see who answered it.

Charles Alexander Hanson, a Ruawaro farmer, said he saw Bayly taking the cream out on the morning of October 16. Accused was driving a sledge on his outlet near the main road. Wit-

ness went over to the Lakeys’ farm, going first to the cowshed.