EXPERT EVIDENCE

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

EXPERT EVIDENCE

MARKINGS ON WOOD THEORY OF A CARTRIDGE QUESTION FOR THE JURY^ Mr. Meredith went on to refer in detail to other evidence' which, he said, closely associated the accused with the murder and the destruction of the body. He called attention to the piece of wood taken from Lakey's implement shed, and t}je piece of wood taken from Bayly's separator sljed, both of .which had apparently been shaved with a knife. Three pieces of wood had been shaved —the two lengths mentioned and a crossbar from the wheels- and frame. The wood- on the crossbar was much harder than the other two pieces of timber, and did not show any marks. The other two pieces showed knife marks and a comparison of those marks absolutely coincided. A microphotographic process was used for the test. There was no other inference possible than that they were done by the same knife. The inference was that whoever shaved the blood mark off thb wood at Lakey's also shaved the piece of timber in Bayly's separator shed about the same time and for the same . reason. If so, then the same person did it with the same object—to remove evidence of bloodstains. If that were so, who could take to Bayly's cowshed the dead body of Lakey other than Bayly himself? Examination of Knife Careful examination of a knife taken from Bayly showed turns on its edge' which fitted the grooves so closely that it could be said with reasonable certainty that the knife was that which, had cut both pieces of timber "Bayly's knife was taken possessiou of by the police five days after the tragedy," stated Mr. Meredith, in continuing with his description of w'hat tests had been made in regard to the marks on the timber. "There was photographic magnification of a part of Bayly's knife near the heel, showing a number of turns on the edge which, corresponded with the marks on the wood. Therefore, it is evident that Bayly's knife could have shaved the timber, not only in his separator shed, but at Lakey's implement shed as well." Little White Lines

Mr. Meredith said the matter of tha markings could be taken even further. Five little white lines had attracted notice in the photograph of the cut on the piece of timber from Lakey's implement shed. A photograph of Bayly's steel, which was associated with his knife, showed marks which exactly fitted those evident on the piece of wood. "It is suggested that if, in the process of the shaving of the wood afc Lakey's implement shed, it was felt necessary to sharpen the . knife," continued Mr. Meredith, "it would be an obvious thing to do by whoever was doing the cutting,, to rest the steel on the timber and to sharpen the knife that way. And it will be shown that only the point of the steel rested on the wood. I ask you to remember that a spot of human blood was found on the back of Bayly's knife." Regarding the submission that the cartridge shell which fell from Bayly's trousers .had been fired from the pearifle missing from Lakey's and not from Bayly's Spandau rifle, Mr. [Meredith said most striker pins hitting the soft copper of a cartridge case would leave an individual mark. Experts had conducted tests and had found that the shell from Bayly's pocket showed all the characteristic marks made by Lakey's rifle. Another Cartridge * There was also found another cartridge in Lakev's garden. It looked like an old cartridge and it carried all the markings of the striker of.Bayly's own pea-rifle, the one bought just before the tragedy. The main importance of this was that it showed that Bayly was on Lakey's property at some time after October 12, because he had not the Spandau rifle before that date. Mr. Meredith said the presence of cobwebs in the cartridge found at Lakey's had at first misled the police as to its age. The matter of the two cartridges and the rifles they were fired from was even now not clear. Referring further to the Crown's contention that the cartridge which fell from the pocket of Bayly's trousers had been fired, not from Bayly's Spandau. rifle, but from the rifle which was missing from Lakey's house and which was found in a swamp on Bayly's property, Mr. Meredith said it might be asked why such an incriminating piece of evidence was left in Bayly's pocket. "Oversights do occur," he said, "and they are oversights which matter so very ' much." Jury's Responsibility After summarising the Crown's allegations Mr. Meredith issued a warning that the jury should not convict if, afc the conclusion of the evidence, it felt that there was reasonable doubt of guilt. "If, on- the contrary, a careful consideration of the evidence drives you to the conclusion that, as reasonable men, you have no doubt that Bayly is guilty of the charge of murdering Samuel Lakey and Christabel Lakey, or either of them, then I ask you not to flinch from the responsibility of bringing in a verdict in accordance with thajj conclusion," stated Mr. Meredith. "In doing so you will then be complying with your duty to your, oath, your conscience and the community, and you will remember, that the responsibility for what follows on that verdict is not yours. You are only carrying out one part of our system of justice, the consideration of the evidence and the finding of a verdict resulting from that consideration. What follows on your verdict is not your responsibility and not your doing. Your duty ends with the finding of the verdict, whatever it may be." Mr. Meredith completed his address at 4.50 p.m., when the Court adjourned until this morning. JURY ENTERTAINED VISIT TO REGENT THEATRE The members of the jury attended t he Regent Theatre last night when the principal picture on the programme was the musical romance A boutliem Alniil."