REVIEW OF CASE

New Zealand Herald, Volume LXXI, Issue 21807, 23 May 1934, Page 13

REVIEW OF CASE

A WIDE SURVEY FARMS DESCRIBED HABITS OF THE LAKEYS MOVEMENTS ON SUNDAY RELATIONS WITH ISAYLY In opening his address to the jury Mr. Meredith said that its mem hers had placed upon them the gravest responsibility that any citizen could be called upon to undertake. He knew he need not ask their most earnest attention to all the details of the ease. "It is my duty," he said, "to outline the evidence which is to be called in support of the charge, and, as 1 may not take an opportunity of addressing you later, of making some observations on that evidence which, I trust, may be of some assistance to you." The peculiar circumstances of the case, he continued, had given to it a profound and painful interest throughout the Dominion. The long search by the police had been reported in all the press. Every detail that could be ascertained by enterprising pressmen had been seized on by the press, and no doubt some of the jury had heard discussions on the case. Warning to Jury Mr. Meredith warned them not to allow any preconceived opinion to operate on their judgment in this grave matter. Their bounden duty was to try the ease according to the evidence to be adduced in that Court and on that alone. They must throw from their minds everything they had heard and any preconceived opinion and enter 011 this inquiry calmly, dispassionately and fairly. He was glad that accused was represented by able and experienced counsel, so that everything possible tiiat could be suggested on behalf of the accused would be put forward ablv and strenuously. Samuel La key, counsel said, was a man about oO years of age. He lived with his wife, Christabel La key, who was slightly older, at Ruawaro. They were an affectionate couple and got on well together. The Lakcys were struggling farmers 011 a small property of poor country, about 14 miles from Huntly. Nature of Country The country consisted of steep ridges separated by gullies, and was extremely swampy, with marshes and lakes abounding. Lakey's property, 011 the" skyline of a ridge, was. bounded 011 one side by Bayly's farm, the boundary fence being about 150 yards from the La keys' house. Counsel demonstrated 011 a large plan the lie of these and surrounding farms. Lakey's dwelling was built on the top of a ridge; it was <1 small, threeroomed house witli only vine door, which opened from the back. Lalcey had several firearms—two shotguns, a light single-barrel gun. which Mrs. Lakey used, and a pen-rifle, "which had been lent to Lakey by a man named Gilmour. These guns wore generally standing in a passage off the kitchen. Features of Farmyard At the back of the house was a space virtually enclosed by sheds, one of which was the implement shed. Considerable reference to this structure would be made later. At the back of these buildings, a few yards away, there was what was know 11 as the duck pond, a small concrete basin, 13ft. bv Bft., and up to Ift. deep. In the back yard used to stand a pair of old wheels," fastened 011 a cart frame. These were never used and had been there for a very long time. The cowshed was down a steep slope, about 100 yds. from the house, and only the top of the house could be seen from it. The La keys were both in the habit of attending to the milking, and in the afternoon the practice was for them to have a cup of tea before getting the cows in. Mrs. Lakey would then prepare the evening meal and proceed with her husband to the milking shed. When the milking was finished she ■ would return to the house with one can of cream, leaving her husband to finish at the shed. Before going into the house she would wash her gumboots at the duck pond. Her husband would follow later with the balance of the cream, which was kept in the pantry overnight and taken down by sledge to Lakey's stand at Bain's Road each morning, (hi Sunday there was 110 delivery. Lakey always placed the two cans'in the same exact position 011 the side of the road, to enable Boyle, the cream carrier, to get them without leaving his vehicle. The habits of the La keys would be known to all the immediate neighbours, including Bayly. An Alleged Quarrel

Continuing, counsel described the clothes that Lakey was accustomed to wear, and the cherry wood pipe and other articles he used, including a watch and a cigarette lighter, with a home-made wick. He had an upper set of false teeth. Discussing the relations between the La keys and Bayly, counsel said that at first tliev were on friendly terms. Bayly used to use Lnkey's farm as a thoroughfare and tliov had a joint milk stand at Lakev's gate. They had a working arrangement for the grazing of Bayly s sheep on Lakev's property. But this condition - of friendly relationship seemed to hare seriously broken down, and prior to the tragedy it was clear that Bayly was harbouring feelings of deep resentment against the Lakeys and that the Lakeys had expressed fears as to what Bayly might do to them. A quarrel arose over some sheep placed bv Bayly on La key's property and Lakey threatened to lay information to tiie police. Bayly in 1932 said to an employee, Stent, that he would like to get the Lakeys out of it, and later he wanted to cut Lakev's fence to get access to the property. There was

an open quarrel between Bayly and the Lakeys about Christmas, 1932. In a general discussion between Bayly and Lakey the latter said to Stent, "Keep out of this, Stent, it is getting more serious than you think." Immediately afterwards Bayly took the cream stand off the four posts and carried it to his own place. He said he was not going to let "those miserable —" have it. He told Stent the Lakeys would not see the season out. Evidence would be given by witnesses who saw Mr. and Mrs. Lakey 011 the Sunday, October 15, apparently carrying out their usual routine. It would appear that 011 that afternoon Bayly went to the house of Mr. Calvert, from which there was a view of the Lakey homestead, and stayed there until about 4.15 p.m. In going from there to his own house he would go along Bain's Road at the foot of Lakey's property, and then from Bain's Road up to his own house. He would then have completely encircled Lakey's property, and could, if he so desired, verify whether any strangers were at J.a key's house. Bayly himself said to the police that he saw Lakey getting his cows in at 4.30 p.lll. The next happening 011 that particular day was that just before dark a Mr. Herbert and an employee, Brooker, who had a direct view of Bayly's cowshed, had their attention drawn to a large volume of smoke hanging over Bayly's cowshed. It was still there three-quarters of an hour later., THE LAKEYS MISSING SEARCH BY NEIGHBOURS WOMAN'S BODY FOUND GUNS GONE FROM HOUSE Events of the next day, Monday, were then described by Mr. Meredith. Early that morning a neighbour, Stevens, looked across the gully and noticed that Lakey's cows were still in the night paddock and apparently 1111milkcd. A neighbour, Wright, had also observed that Lakey's cows were still unmilked, and Stevens and he arranged to go over and see if there was anything wrong. They saw Lakey's two cream cans at the gate, as would he expected on the Monday morning. When Boyle came along later to pick them up iio found they were not in the position 111 which Lakey usually leit them for him. Weights taken at the factory afterwards showed that there was apparently one milking missing. While Stevens and Wright were going across, Mrs. Stevens saw Bayly go along the ridge 011 horseback, turn down the hill 011 his property out of sight, and shortly afterwards return back along the ridge with a sledge. Conditions in the House

Stevens and Wright found that ! Lakey's cows had not been milked that morning, but the previous night's milking must have been completed. Everything was in order in the house. The beds had not been slept in and the table was laid as for a meal. From what was known of the usual habits of the Lakevs it was clear that they had had their cup of afternoon tea before going out to milk, that their evening meal was put 011 to cook and the table laid, but they never again returned to the house. As the milking was finished and the condition of the table showed that they never returned to the house, the only inference was that they were dead immediately after milking. Wright and Stevens notified other neighbours and the Huntly police, and the police made inquiries from Bayly among others. Bayly strangely made 110 reply. Neighbours gathered at Lakey's place, and got in the cows and milked them. As they were finishing the Huntly constables, Robertson and Elms, arrived. A Mr. Slater noticed a heap of sacks lying neatly spread out by the duckpond, and when he lifted one he found a gum boot sticking out. Others came, and 011 removing tho sacks they found the dead body of Mrs. Lakey, dressed in her working clothes,

lying face downward with her head in the duckpond. A subsequent search of the duckpond led to the recovery of a hat belonging to Mrs. Lakey, and an upper and lower set of teeth. A post-mortem examination disclosed severe bruising 011 the jaw, and a deep hemorrhage extending from the angle of the jaw upward into tha muscle of the temple. The bruising on the jaw coincided with the break found in the upper denture. The opinion of medical men was that Mrs. Lakey received two heavy blows that rendered her unconscious, and that while in this unconscious condition her head was placed in the duckpond and she died of asphyxiation. The body must either have been carried or dragged to wheie it was found at the duckpond. As the clothes were up around the waist, there could be no suggestion that Mrs. Lakey foil there, said Mr. Meredith, who also contended that the injuries the woman had received were what would be suffered by blows. When the house was searched it was found that Lakey's double-barrel shotgun was missing. The pearifle lent to La key by Gilniour was also missing, but this was not known until later. A suit of clothes belonging to Lakey and a pair of boots belonging to Gilniour were also missing. If anyone intended to give the impression that Lakey had decamped he made the mistake of taking Gilinour's boots, which, of course, he would not know did not belong to Lakev. "Over-run with Police" Further police arrived that afternoon from Auckland, and various farmers came to assist in the search for Lakey or his body. From that time onward the property was practically overrun with police and searchers, and therefore for anyone to attempt to dispose of anything associated with Lakey would be fraught with the very gravest risk. Bayly for a little while joined in the search, but shortly after returned to his house, and it was noticed that from this time on he took practically no part in the search. In conversation with Constable Elms on the Monday morning, Bayly said, "1 suppose you already know that we were not on friendly terms." At 1.30 that afternoon, in conversation with a Mrs. Furniss and a Miss Hancock, Bayly put. forward the theory that Mrs. Lakey had had a seizure, that Lakey had come to the house and found her, and had got "breezy" and got away with his gun. He remarked that Lakey might be a hundred miles away by that time.

Alleged Statements It was noticed by Mrs. Furniss and other witnesses, Mr. Meredith continued, that on this day Bayly's eyes were bloodshot, and this bloodshot condition continued for the next few days. This would be consistent with smoke getting into them. The next day, Mr. Bayly, sen., said to Mr. Furniss in the presence of the accused, "Bill has got a good theory. Sam Lakey must have put the cream out at the gate; he had found Mrs. Lakey dead and must have put the cream out in time to let him get away so that the cream carter would'pick up the cream in the usual way without investigating." This was the second occasion on which the accused had suggested a theory of Lakey decamping as a result of Mrs. Lakey's death.

That afternoon, proceeded Mr. Meredith, Bayly made a third similar suggestion to Constable McEachern. Later be gave a statement to the police referring to trouble that had arisen between hint and the Lakevs. Mr. Meredith went 011 to describe sledge marks which were found by Constable McEachern coming from Bayly's private road to a point 011 the boundary fence, and returning again to Bayly's road. The measurements coincided with those of Bayly's sledge. Tho wheels and a frame previously mentioned were found on the Wednesday 011 Lakey's property, close to where the sledge marks approached the boundary fence. The wlieels had only recently been put there, and close inspection showed that bloodstains were plentiful all over the frame. Some wood had been newly shaved off. "It is therefore clear," stated Mr. Meredith, "that (a) the wheels had recently been brought from Lakey's house in the direction of the boundary

fence, and (b) to the same point where a sledge had been brought to and from Bayly's road 011 the other side of the boundary fence, and (e* that the wheels and frame had had placed on them something that dripped —human blood, because subsequent examination of the blood marks showed them to have come from a human being." There was also a stain of human blood found later on Bayly's sledge. The suggestion of the Crown was that Lakey's body, after death, had been removed from his house on the frame down to the boundary fence, transferred from there to Bayly's sledge, which had been brought up from the road to the same point, nnd thence removed to Bayly's cowshed. Bayly Questioned Questioned by the police on Thursday, Bayly said he had driven the sledge up to the boundary on Monday morning to inspect a telephone pole that was leaning over. The telephone pole was firmly fastened oil to a fence post, and was perfectly intact. The police took three boards off Bayly's sledge, and were proposing to take the front board off when he protested. It had a stain 011 it. Later that day. spatterings of blood were found at the implement shed at the back of Lakey's house. Grass, stones and chips had 011 them stains of human blood. On Saturday, October 21, a search warrant was executed 011 Bayly's property. The police took possession of his' belt, sheath-knife and pouch, and of two pairs of dungaree trousers, one of which had apparent bloodstains. A .22 calibre shell fell from one of th»» pockets, and when asked where that had come from Bayly said, "That will be from my rifle; I was shooting down the swamp on Friday and Saturday." Three days prior to the tragedy Bayly had bought a Spandau rifle. This cartridge was fired, not from Bayly's rifle, but from the pea-rifie removed from Lakey's house and subsequently found buried in Bayly's swamp. Subsequent examination of the bloodstained trousers showed that the stains were human blood.

The front board of the sledge was taken and examined, and 011 it was found a small stain of human blood. From tho serrations on the back of Bayly's knife was taken a specimen which gave the test for human blood. So they had this trail of human blood — (1) on the implement shed, (2) on tho wheels and frame taken from Lakey's house, (3) on Bayly's sledge, (4) on Bayly's trousers, (5) on the back of Bayly's knife. It was now clear to Bayly that the murder and suicide theory was definitely not accepted. On Wednesday, October 25, a peculiar incident occurred, said Mr. Meredith. Bayly came to the police quarters and complained that someone had been prowling round his house with a dog, and that he had caught the dog. He said it was Wright's dog. Wright was found to be at home in bed. Fortunately there was independent evidence that Wright had not been out of the house. With the theory of murder and suicide gone, Bayly, contended Mr. Meredith, was attempting to fasten suspicion on Wright, but the attempt failed utlerlv.

When the police wished to take away a long-handled shovel, Bayly objected, Mr. Meredith proceeded, but the detectives scraped the front and back of the implement and took the deposit. This was the first act that led to ascertaining finally the method of the disposal of Lakey's body, because when the analyst's report on these scrapings was received it showed them to be wood, charcoal, charred bone, bone burnt white and a few pieces of burnt sack. Search Continued In the meantime, the search was continuing for any signs of Lakey's body. On the afternoon of October .'iO, the police found in a swamp on Bayly's property the double barrel of a shotgun thrust sideways into the mud. Shortly afterward the fore end of a shotgun was found, and later the stock of a pea-rifle. These were parts of thv guns missing from Lakey's house. Bayly said he did not know how t-lie guns got there, and that they were not his. Subsequently, the stock of*the shotgun was found. Bayly afterward suggested to Furniss that Wright bad "planted" the guns. The police came to Bayly's house on November 29 with a search warrant. They asked permission to empty the sheep dip, but Bayly said, "If you empty the dip, you will take full responsibility of any loss to the stock." Bayly detailed to the police disputes which had occurred between the Lakeys and himself. The police took possession of a petrol drum they had found on his property, cut in half; and if this were definitely the instrument used to get rid of Lakey's body the taking possession of it by the police would be a matter of alarm for Bayly. It was significant therefore that next day Bayly was missing, and had left a letter with his wife. "It is not known how ho got out of liuawaro," said Mr. Meredith. "He had not gone by car. and, though there were police stationed all over the neighbourhood, no one saw him leave. The clear suggestion in the letter is that he intended to commit suicide." Bayly was traced later in Auckland.