FOUR HOURS IN THE BOX

Sun (Auckland), Volume II, Issue 560, 12 January 1929, Page 5

FOUR HOURS IN THE BOX

Examination of William Bayly gruelling day in stifling court Four hours gruelling examination of William Bayly, son of Mr Frank Bayly, farmer, Papamoa, and cousin of Elsie Walker, was the feature of the second day of the adjourned inquiry into the mystery of the girl’s death. The only other important witness was Frank Trevor Bayly, brother of William, who was the first to find the car had been taken from the house at Papamoa the night that Elsie Walker disappeared. The coroner, Mr. F. K. Hunt, and the Crown Prosecutor, Mr. V. R. Meredith, expressed surprise at his reason for not waking the family and informing them of the missing car that night.

r’VTERING the witness box shortly t after 11 o’clock yesterday morn- . 2 william Bayly, sou of Mr. Frank Havly farmer. Papamoa, and cousin if'the dead girl, was still in the box «hen the Court adjourned at 4.15 p.m. nuring that time he was subjected to 7 harrage of questions by the Crown prosecutor, Mr. V. R. Meredith, and coroner, Mr. F. K. Hunt. S.M. With yesterday's heavy, sultry heat. ■he atmosphere of the Court was almost unbearable. The back of the building was crowded with spectators ", both sexes, who stood there throughout the whole day, forgetting discomfort in their interest in the legal drama being enacted before trickled down the tac es of lawyers, police officials, witnesses and the general public alike, and as the afternoon wore on the air -row so stifling that the building felt Tike an oven. Shortly before 1 o'clock Mr. K. H. Uorthcroft, who is representing the Bayly family, asked that the coroner adjourn the inquest until Saturday or Monday on account of the stifling atmosphere of the building, Mr. F. K. Hunt, coroner, agreed, and at 4.15 p.nt. the Court was adjourned until 9.30 a.m. ou Monday. fact upon fact

Fact upon fact is being slowly piled up though the method is slow. So far, medical evidence, as given hv Dr. D. N. W. Murray, police surgeon, and Dr. Giimour. pathologist at the Auckland Hospital, establishes the fact that the cause of the death of Elsie Walker was probably a blow. This opinion has been reached by a process of elimination, as being the most likely, the girl being in normal health in every other respect. The small contusion on the top of the girl’s head could cause death in the opiniou uf the doctors. The grazes and small cuts on her face could easily be caused by dragging the body through sharp grass. There is no evidence to show that the girl had been molested, nor that she had a male companion between the time site disappeared and the time her body was discovered at Tamaki. The evidence of Mr. F. Armitage, bacteriologist at the Auckland Hospital, said that he had examined the girl’s clothing. He suggested that she may have been with a male companion. though how long before her death he could not say. The evidence of Mr. Frank Bayly, senior, at whose house Elsie Walker was staying, shows that the girl was not seen after 7.30 on the evening of October 1. She appeared in perfectly normal health. Frank Trevor Bayly. a sou of the former wituess, giving evidence yesterday, said he had been at a social at Te Puke on the night of the girl’s disappearance. When he came home about 1.30 or 2 o’clock the following morning he saw the car was missing. His statement that -e did not wake Ms family and inform them of such an unusual occurrence, even though he thought the car may have been used by one of the family to call a doctor, was regarded with surprise by the coroner, Mr. F. K-. Hunt, and the Crown Prosecutor, Mr. Meredith. The evidence of William Bayly, 22, married, will be continued on Monday. The Court at present is concerted with his movements over the week-end of October 1, William Bayly stating that he was in and around Auckland during that period. Questioning William Bayly, Mr. Meredith asked witness if he had discussed the matter with his father? — Yes. My father discussed it with me after October 0. I can’t say how soon October 8. I can’t say how soon after, but within a week. You went into the police office on the following Monday by request?— Yes. Did you discuss it with any others at Fowler's house? —Yes, with some. I don’t know how many. It was at the house. Did they agree with you that you were there that night, or could they remember? Ou the Monday night, I mean.—They knew this girl had disappeared from home. That's I can remember. You had been asked, and your wife also, as to your movements on the Monday night?—My wife had not at that time. Do you know your wife had been asked?—Yes. Did she tell you she had said you were at the back door, and had then to go out?—l don’t know. Were you outside or inside the house?—l was inside during the time and saw the Fowlers. ON THE MONDAY NIGHT It is important from your point of T iew that you should know where you were on the Monday night. Mr. Northcroft objected to the question ou the grounds that it was unfair. Did you know it was important?— s’ was 1,0 importance that I should explaiu my movements to anytme about the Mondav. I did not think so. Mr. Meredith: The police asked you on the Monday following about Yptir movements on the Monday and Inesday?— They did. They asked you in detail about ionday, Monday night and Tuesday? u? 3 ’ ® un d a y night, too. who brought up the question of where you were on the Monday night? , don’t know. We were just talkthg generally. Did any of them agree with you that -°ti were there on Monday night?— 1 wu't tell yo U . ~ • Sor tiid they remember i jeing you there?— No. Did you see anybody at C.lenalvon hen you arrived hack? —Not as far Tt, Can remem t>er. hen you got into bed? —Yes. And stayed there until next mornat breakfast?—Yes. wu Tuesday morning he did not

talk to anyone until ten o’clock. Probably the same waitress served him again at breakfast, but he did not know her name. He could not

remember anyone he spoke to at breakfast. After giving his statement to the police he did not give a great deal of thought to his movements. HOURS IN QUEEN STREET He could not say who was in the dining-room on that morning. Generally there was always someone there. He saw the proprietress that morning, but could not recall at what hour. He left Glenalvon at about ten o’clock and saw his wife. They went to the railway station at Newmarket, redirected some luggage, and then had lunch at a place which they could not remember. Afterwards they went to the pictures for a while, and at about two or three o'clock met a friend of his wife, a Mrs. MacDonald, and they all went to afternoon tea. Witness then purchased some suitcases. Mr. Meredith: You were with your wife in Queen Street on Monday from 3 o'clock until 9 o’clock, and from 10 o’clock to t> o’clock on Tuesday. Witness: Yes. Mr. Meredith: Well, why did you say this morning that the reason why your wife did not accompany you to Henderson was because she was not in a condition to go that far. She was able to walk round the city with you for hours at a time. Witness: She did not know how far she w’ould have to go to get to the farm. Mr. Northcroft: Is this going on record? The Coroner: Tt was all taken previously. This is comment. The witness previously said his wife was not fit to travel and now he says he walked about for nine hours at a time. Mr. Northcroft: That is incorrect. They did not walk about all the time. Continuing, witness said he went out to Henderson next morning (Wednesday), catching the train at Newmarket at 5.35. At Henderson he found a man named Dobbs on the farm. He was living in the house and continued to live there. On the Sunday his father motored out with Mr. Lusk. They asked him about a key. He did not know that Elsie Walker had disappeared until his father told him. He was then asked about the key of the car which he used. His father told him that the police said they had that key. We wanted to know what they meant: by that. The conversation then turned to farming and other such matters. His father returned to town and witness also went in in the evening, a constable having visited him at about 4 o’clock and instructed him to report to Detective-Sergeant Kelly at ten o’clock next morning.

Mr. Meredith: Did you explain to Dobbs that you were in serious trouble with the man who came out? Witness: No. 1 told him X had important business to attend to. Continuing, witness said he had never seen Elsie Walker driving the car, and did not know that she could drive. Other than a service can journey from Opotiki to Papamoa, and a trip to Rotorua, she had never been on a long car journey. Mr. Meredith: Do you know if she had any admirers. Witness: No. POLICE INQUIRIES To Mr. Northcroft: The first police investigation was made about a week after the girl's disappearance, and at that time he had a fairly clear idea of his movements. He gave the police all the information he could. He did not know at that time that any possible suspicion would rest on him. Since then three months had elapsed for the police to check up all the information given them. He was fairly well known and did not think it possible for him to make a trip to the Bay of Plenty without being recognised. It was about three weeks oi J a month after the first interview that he was again interviewed by Detective Sergeant Kelly. He questioned him again on two or three of the matters about which he had previously asked him. Detective Sergeant Bickerdike also questioned him on about November 29 Previous to this he learned of a surreptitious attempt by the police to examine his goods without a search " Mn 'Northcroft: What did Detective Sergeant Bickerdike say to you. Witness: He said l have come down to see about the poor dead girl. He also said that anything witness might sav would be in absolute confidence. He asked me if I had been friendly with the girl, or intimate with her. He then stressed the point that lie was down about the poor dead girl and was there to clear her character. Witness referred the detective to the result of the medical .examination The detective again stressed the fact that it was all in the strictest confidence and that what was toid h.m he would take to the grave with him. The detective also told him that intimacy With the girl was no crime as she was over the age of sixteen. He also said that if witness had been intimate with the girl and said so, it would lift the veil of suspicion from those down there, meaning the family. Witness said that not for anybody would he say he had done what he had not done. The detective also remarked that she was an attractive girl, and asked if she harl ever been out -with anyone else Witness told him that he did not know He then saidbyyourown account it must have been youiself. The evidence of one witness was

niece. She had met her when she first came to Bayly’s. On one occasion, last August, Elsie stayed with her while Mrs. Bayly went to Hamilton on a trip. She was with | her from August 1 to IS, 1925. While Elsie was with her she had received a letter from her father and Mrs. Bayly. Elsie had no outside men acquaintances so far as witness knew while she was in Tauranga. Continuing his evidence, William Bayly said the detective remarked i hat he did not suspect the witness and if he did would he man enough to say so. He also said he knew who killed the girl and was just trying to clear her name—that was to show she had not been out with every Tom, Dick or Harry. Regarding the police attempt, to examine his goods witness said that during his absence in town the detectives came out and representing that they were friends, wanted to inspect his goods. Mr. Hunt: All we want to know is whether they inspected them. Mr. Northcroft: Well, it shows what sort of methods they adopted. ‘ LEFT LYING LIKE DOG” Mr. Hunt: A man would not worry if he had an innocent mind. In a case such as this where a girl was left lying dead like a dog something had to be done. Continuing, witness said his goods were locked up and they did not see them. The detective asked him if he had ever been in trouble. The detective said allegations were made against him, and I told him that that was not fair as a man was innocent until he was proved guilty. Mr. Northcroft: You were up on a charge once and the Judge ordered the jury to throw oiit. the case. To Mr. Hunt: It was a case of carnal knowledge. To Mr. Northcroft: When the detective left he said he was sorry witness did not say what he wanted as it would have cleared everything up. On each occasion the police came out they took written statements from him. At Fowler’s house on Monday, October 1, he could not remember what members of the family he saw. At this stage it was decided to take the adjournment, and the inquiry was therefore adjourned until 9.J0 a.m. on Monday. ABOUT A WATCH Just prior to the adjournment., William Bayly took a watch from his pocket and looked at the time. “Let. me have a look at that,” said Mr. F. K. Hunt. The watch was handed up to the Bench and the coroner inspected it carefully. Mr. Hunt: When did you get this watch. Witness: I bought if some time in November —between the loth and 16th, I think.