ELSIE WALKER CASE.

New Zealand Herald, Volume LXVI, Issue 20407, 8 November 1929, Page 16

ELSIE WALKER CASE.

NO FURTHER INQUEST.

REFUSAL BY THE MINISTER. | 'ABSENCE OF NEW EVIDENCE. POWERS OF THE POLICE. ti / [BY TELEGRAPH. —StU'CIAT, . RTTOHTEH.] "WELLINGTON. Thursday. On the grounds that. 110 good purpose can be/ served, the Minister of Justice, tho Hon. T. M. Wilford, has, refused further public inquiry into the circumstances surrounding tho death of, Elsie Walker. The Minister points out, that no. fresh evidence, bearing on the cause of death has been discovered, and tho existing law provides for adequate action by tho polico should fresh evidence ho forthcoming. After stating that there is no justification for the reopening of tho inquest. Mr. Wilfoi;d concluded: "1 refuse absolutely to assist in what must, only be a farce, and cannot help in (ho slightest degree to elucidate the cause of her death." In a statement tabled in the House of Representatives this afternoon the Minister stated: —

The'inquest in (his caso was not a trial of any person for murder or manslaughtei cr other crime. The powers and duties of coroners in this Dominion arc not identical with those of English coroners. The jurisdiction of a coroner is defined by the Coroners Act, 1908, as " to inquire into the manner of the death of any person who is killed or drowned, or who dies suddenly, etc." His duty is to asceitain the causo of death. Prior to the datfyof the Criminal Code Act, 1893, when a verdict of murder or manslaughter was returned by a coroner's jury against any person tho coroner could issue a warrant against tho person accused, committing him for trial at a Supromo Court. Coroner's Verdict Defined. As no ono can now be tried in this Dominion on a coroner's inquisition, it follows that as far as consequences aro concerned tho finding of a coroner is no more than a formal report to the Justice Department as to the cause of death of a person. His verdict does not in any way commit the police to take or prevent them from taking action in any Court at any time in accordance with the evidence at their command.. They act independently and without fear, favour, malice or illwill. /,

The inquest on Elsie Walker concluded on January 25, 1929, on which date the coroner delivered his verdict, therefore, any legislation passed now cannot affect that Verdict, unless such legislation be made retrospective. It is, however, considered unnecessary to reopen the inquest because:—

(1), No good purpose can be served, as no fresh evidence bearing on the cause of death has been discovered. (2)/ The additional information ascertained since the close of the inquest is contradictory and of little, ii any, evidential value. (3) As already stated, the present law provides for adequate action by the police should fresh evidence be forthcoming. It is, therefore, unnecessary to amend the Coroners Act this session to provide for the reopening of inquests. Ihe reopening of the inquest in the Elsie Walker case 'would be of iio value, in so far as the evidence of. Mrs. Thoniason and iMts. Langdon is concerned, and they are the persons who are alleged to have pi'oyided important evidence. When first interviewed, at the time of deceased s death, they made signed statements to the police which .materially conflict with subsequent statements made by them at least eight months later. ' Statements Compared.

The following extracts show that one or other of the statements of these women is falsa and no Court would believe them: —

ST\TEME\ T T OF MARGARET THOMASON''TO POLICE. OCTOBER 22, 1028.--It was somo time before tho disappearance of Elsie that 1 saw Biil Bayij ou tllc train- it would be about 10 days, or xnoio before Elsie's disappearance. * STATEMENT OF MARGARET THOMASOV TO POLICE, JUNE 23, 192?.-On October 1, 1923, with Mrs. Langdon (sister), we left Tauranga by train ior Paparuoa abouts Mr. Preston and Mrs. Teagtie were on that train. Mr. Preston, Mrs. Langdon and I were in the same carnage. "When the guard came through the door into the carriage he got jammed into the doorway. On looking towards the door I saw Bill Bayly' in the passage-way* >1- Jinpw Hill'Bavly well. My sister saw Bayly also and? my attention to his being there. STATEMENT OF MRS. LANGDON TO -norTP F Tl7 E "23, 1929.-I know Bill Bayly TJie first time that I met Bill Bayly was after the disappearance of the girl, Elsie Walker, when lie and his fathei brought the car back to Papamoa. I knew him before, having seen visits. On Monday, Ist October, Mis. Thomason and I left lauranga. . t> m train I did not see any of the Bail>son the train that. day. My Baler ro mention of seeing any of the Bay ys on "the train. 1 am positive that 1 cud not seo any of. the Baylys on Monday. Ist October, 19'28, certainly not Bi 1 Bayly, and no person has ever told me that they, saw Bill* Bayly that day. ._. . Mrs. Langdon's signed statement to Con-' stable Jackson ! ~ . , , On Ist October, 1028, at about midnignl# I wrtit to bed. I heard a moior-cnr pass oiir k etc., etc.—(Signed), Kathleen L STATEMENT OF MRS. LANGDON TO POLICE, JUNE 23. 1929.—0n Monday, Ist October. 1923, I saw Bill Bayly standing in passage-way as guard came tnrougn. 1 had a good view of Bill Bay y. I drew my /sister's attention to Bill Hayly. one nodded to liim. 1 spoke to htm. . . _. Constable Jackson called at my sisters place that day or the lollowm# day inquii'ing about the girl and the car, and J. made no statement to Constable Jackson. Other Statements, ' Similarly, a Mrs. Edwards has made statements (one to tho police and one to sin 'inspector of the Society lor the Protection of Women and Children), which arc not only self-contradictory, but aie also contradicted by Dodds, Iter employee. 'MRS. EDWARDS TO POLICE, JANUARY. 1929.—0il September 22 one of the men left the" farm (Childs). 1 engaged 'Alt'/Dodds, who started work on September 22. Bayly called. T told him to come back in' a few days and 1 would see which applicant I would ' talce. On Wednesday October 3, 1928, Carr told me Bayly had beau out. to see ice. As a mutter 01 Jact, J had not engaged Bayly, although he went out to the farm to work 1 hayo a recollection of mentioning to Bayly that I had not engaged him. and he said ; J>t me stay on." On September _22 Childs loft. ... I advertised for a man when this 27/atl left. . ' . One of the applicants waft Sam Bayly. . . , I told Bay y to come back jn .a- Jew days. Bayly told me lie was going away for a week, I engaged ■'Alf Dodds, who started work on beptember 22, 102 S. Bayly told me he was going away for a week. On "Wednesday my .'assistant, John Carr, told me Bayly had been out to see me. As a matter of fact I had not engaged Hjyiy. although he went out to the farm to work. MRS. EDWARDS TO 3,1 KS. MOLESWORTH, SEPTEMBER IK, ]!>2!).--On Saturday, September 22. 192 H. I advertised for help on the farm. On Sunday William Bayly applied and was given the position, lie was engaged to commence work on .Saturday, September 29. On Monday. 24. ' Tuesday. 25. and Wednesday. 21',. following. William Bayly had lunch nt my home. 1 felt very annoyed with him for not commencing work as arranged on 1 lie previews Saturday, September 29. He knew perfectly well it would put me in nn awkward position to be without a man for even one day. I pol another man, All" Dodds, to tako his place. :* STATEMENT OP MRS. AVIS EDWARDS TO POLICE. JANUARY 10. .1929.—Questioned by _ Detective-Sergeant Kelly and Detective Knight, Bho said she had burned letters, but .had not read the letters and did' not know what they contained. . . . podds says: " When Bayly left the farm par-did. Jiot. Ioa.VQ any letters -about."

STATEMENT OP MRS. AVIS EDWARDS TO POLICE. SEPTEMBER 19, 1029.—1 have of toil' a feeling that. ■ something'in ftoillg to 'happen .... called seeond sight and I uuronsoiouslv nonnaeted \Y. iiuyly with tho EJsio "Walker mystery. . . . 1 felt ho know a great deal, about it.- VV. Buyly left, a kerosene box in my kitchen. I felt so worried about tho whole nfTnir that when I saw some let tors in 'this box I read two of them. (One) "I hope to be with you" soon. It will be alright down hero, I ani sorry for poor Cinderella, tmt 1 will tix tilings all right and we will soon be together again." (Two) " I am so glad you ' 'married mo. dear, instead of poor little Cinderella, but I am really sorry for her." 1 burned those loiters. " No Evidential Value." Nino months after liar first statement to I lie police this woman gives details which she either suppressed at tho time of making her first statement or has since invented, but which, in any case, have no evidential value. She now speaks of often having a feeling that something is going to happen, that is probably called second sight, that she unconsciously connected \V. Bayly with the Elsie Walker mystery, (hat she felt that he knew a great deal about it, and that she fell, so worried about tho whole affair that when she saw some letters in his box, she read two of them which she burnt. Tho evidence of Mrs. Thomason and Iter sister, Mrs. Langdon, must bo regarded as entirely untrustworthy, because of their having made, diametrically conllicting statements on the really only important point contained in those statements, that is, to seeing William Bayly on the (rain on the day of Elsie. Walker's disappearance. After the closest inquiry from all available sources, not a tittle ofevidence, can be obtained by the police to support the belated story of these women, or that William Bayly was anywhere other than he says lie was, viz.. in Auckland, of which supporting evidence was given beforo the coroner. Mrs. Thomason and her sister now say that their attention was drawn to Bayly by some commotion in the passage way of their carriage, that Bayly and a stout Maori woman occupied this passago way. atid that the guard of the train could not pass owing to (heir presence. The guard of the train, when seen by the police,, says he has no recollection whatever of such an incident. Maori Woman Not Traced. Although the Thomason-Langdon family are of Maori descent and know most of the native race in tho district, they have not been able to produce the Maori woman, or give any information by which she may be found. Tho closest inquiry by the police has failed to discover such a woman. Their mother, ill's. Brady, a lady of full Maori blood and of some standing in tho district, of which sho has been a resident for many years, cannot assist the police in discovering the Maori woman referred to.

A Sirs, league, who knows William Bayly well, travelled on tho same train with" Mrs. Thoniason and Mrs. Langdon. but saw nothing of Bayly. A careful departmental check has been made and there is no record of the issue of a ticket to Papamoa on that day which cannot be accounted for. If Bayly had got on the train surreptitiously and without a ticket and had been seen by the guard, as now stated by these women, it would have been the guard's duty to report the fact or issue a ticket to Bayly from his book. There is' no record of the issue of any such ticket. The train in question was a small one of three carriages. and in October it travelled in full daylight to beyond Papamoa. The following day, October 2, Mr. Bayly, sen., saw Mrs. Thornason at her house and told her of the disappearance (lie previous night of Elsie Walker and his motor-car. but strangely Mrs. Thoinason said nothing to Mr. Bayly of having seen his son on the train the previous afternoon. An Alleged Threat. Furthermore, Mrs. Bayly, the young man's mother, visited and conversed with Mrs. Thoniason, with whom she was on friendly terms, almost daily after the disappearance of Elsie Walker, but Mrs. Thoniason did not mention tho train incident. and this although at that time no tragedy was anticipated, or any sinister aspect attached to the girl's disappearance. If it were true that Mrs. Thoniason and her sister really saw William Bayly on the train, why did they not mention it to his parents? No, Mrs. Thornason left Papamoa a week or two later without saying a word to anyone of the alleged train incident, but from Wanganui, four months later, commenced to write letters to Mrs. Bayly, in which she stated she had seen Mrs. Bayly's son on the train. Although Mrs. Thornason had no further information to impart to Mrs. Bayly, she insisted on the latter journeying to Wanganui to discuss the matter With her. Finding Mrs. Bayly reluctant to take tho journey, Mrs. Thornason took the remarkable stop of threatening Mrs. Bayly with exposure in a well-known newspaper if she did not come to' Wanganui. Mrs. Bayly, through her solicitors, informed the police, to whom the correspondence was handed over. By arrangement. she then went to Wanganui. where, according to Mrs. Bayly, Mrs. Thornason asked from Mrs. Bayly a largo sum of money. Although Mrs. Thoniason denies to tho police making any demand for money, it is significant that she names exactly the same sum of money mentioned by Mrs. Bayly (£10,000), as being discussed between them. Comment on Testimony.

It is quite clear that at this interview the payment of money was discussed between the women. It is further significant that in a statement made to the police immediately after hor interview with Mrs. Bayly, Mrs. Thomason admits that before leaving her home to interview Mrs. Bayly, she suspected a trap would be laid for her, and that from the commencement of her interview in Mrs. Bayly's bedroom she feared someone was listening in the adjoining room. Of what value would the testimony of such a witness lie, and how far would it bo safe to put the lifo or freedom of anyone in jeopardy on her word ? When originally interviewed by the police at the time of Elsio Walker's disappearance, Mrs. Langdon made no reference to the train incident. When again interviewed last June, after Airs, lhomason's visit to Wanganui, and before the latter had time to communicate with her (which she did by telegram the following day), Mrs. Langdon specifically, and definitely denied having seen William Bayly "n the train, or "that her sister, Mrs." Thomason, had seen him, or had at any time said she had seen him on the train. A week later Mrs. Langdon reversed her previous statement. What reliance can now be placed on her statements ?

Another sister, Mrs. Richardson, says that, although she lias discussed the Elsie Walker case a number of times with both Mrs. Thomason and Mrs. Langdon, neither has at any time told her William Bayly was on the train. The Minister's Conclusions.

Assuming that it were true that Mrs. Thomason and Mrs. Langdon saw William Bayly on the train on October 1, 1923. such testimony would not help the coroner to decide the cause of death. At most it would tend to show that William Baylv had given untruthful evidence at, the inquest, when he swore that lie was in Auckland on October 1, 1928. but such is not a matter for investigation by a coroner. The extracts from the statements quoted show that in cross-examination the testimony of the persons referred to would bo so discredited that no Court would be justified in placing any reliance on it. Finally, the police have investigated more alleged evidence than bus ever been the newspapers. They have visited and examined numbers of witnesses whose statements I havo waded through, and 1 say absolutely that there has not been the. slightest- justification shown for reopening Hie inquest, rmr has anv evidence been discovered which will throw any light, on the cause of the death of Elsie Walker. Believing this, and having had many opportunities of analysing and dissecting evidence, I refuse absolutely to assist in what must only be a farce, and cannot, help in the slightest degree to elucidate the cause of her death.