MURDER TRIAL

Taranaki Daily News, 23 May 1934, Page 9

MURDER TRIAL

CHARGES AGAINST BAYLY OUTLINE OF RUAWAIRO CASE CROWN PROSECUTOR HEARD OPENING ADDRESS TO JURY COURT OCCUPIED FULL DAY By Telegraph—Press Association. Auckland, Last Night. The Crown case against William Alfred Bayly, aged 28, farmer, who is charged in the Supreme Court with murdering Christobel Lakey and Samuel Pender Lakey at Ruawaro on October 15, 1933, was outlined by the Crown prosecutor, Mr. V. R. Meredith, when the Court resumed this morning. Again there was only a meagre public attendance. The numerous exhibits were arranged on the table in front of the jury and on the floor of one side of the body of the Court, considerably restricting accommodation. The following was the jury: Messrs Thomas Herman Kirkman (foreman), Edmund Roland Brown, John Patrick O’Malley, William Lee, Leonard Hill, David Albert Johnson, George Cyril Gutry, John Robert Cleaver, William Louis Hbokway, Charles Redmond, Frederick Gordan McDermott and Richard Percival Norris.

When the case was opened yesterday sitting in front of the press bench in the court, and facing .the jury, were Mrs. William Bayly, wife of the accused, and her father, Mr. Thomas Palmer. Mrs. Bayly was wearing a brown check jumper suit, and a brown hat with a long brown veil. The Crown Prosecutor occupied the whole of the day in outlining the case to the jury. He traversed all the evidence to be presented, his speech occupying five and a-half hours. When he concluded the court rose until to-mor-row, when the first evidence will be heard. Greater- public interest was shown in the afternoon, when the attendance showed a marked increase.

“The case is a grave one and you have been drawn as citizens to investigate that charge,” said Mr. Meredith to the jury in opening the Crown’s case today. “I feel it my duty to refer to one matter. The long investigations by the police have been reported daily in the press. As a result there have been discussions and theories advanced wherever men meet. Your duty is to give your decision on the evidence given here in this Court. You must free your minds of everything you have read or have heard.” Mr. Meredith referred to the fact that Bayly was represented by able counsel, who would do everything on his behalf, and he then turned to the evidence to be offered.

EVIDENCE FOR CROWN.

Lakey was a man aged about 50, living with his wife on a property at Ruawaro. The-Lakeys’ home stood on the skyline on a ridge,, and had access to Bains Road by a clay road, while farther along Bayly had access by another rod to Bains Road.

Near the boundary between the Lakey and Bayly properties stood a wattle tree, to which reference would be made, while Bayly’s house stood to the . rear of that of the Lakeys. Bayly’s cowshed could be seen from across Lake Whangape, from the farm of a settler named Herberts.

Lakey was fond of shooting. In his house were several guns. A man named Gilmour left at Lakey’s a pair of boots used for shooting, and had lent Lakey a pea-rifle kept at the latter’s house. The Lakey home had only one door, and on one side at the rear there was an area enclosed by sheds. . One shed wall was composed of rough battens and sacks. When the police arrived they found one sack had been tom off. After describing the position of the duck-pond, Mr. Meredith said that a pair of wheels with a frame stood in one comer of the yard. The Lakey cowshed was down a slope and the ground about the house could not have been seen from the cowshed. Lakey’s custom on Sunday afternoon was to have a cup of tea, after which Mrs. Lakey would prepare the evening meal, set the table and then follow her husband to the shed to assist in the milking. She would return to the house first, go to the duck-pond and wash her gum-boots, then enter the house to complete the evening meal. Lakey would follow later.

HABITS OF THE LAKEYS.

The cream carfier called every day except Sunday, so that on Monday mornings there was cream from four milkings, not two. Lakey always placed the cans in a b particular position at the gate to assist the carrier. The habits of the Lakeys would be well-known in the district and to Bayly. After describing Lakey’s usual working garb, the prosecutor referred to the relations between Bayly and the Lakeys. When Bayly first went to the district he used Lakey’s property as access to Bains Road, showing that they were fairly friendly, while both used the same cream stand. However, it was apparent that the friendly relations between them had been broken before October 15. Bayly evinced hostility to Lakey, saying he would go to Lakey’s mortgagees and ruin him. Bayly also said he would cut Lakey’s fence; also that Lakey would not last the season out. He also removed the milk-stand formerly used by both parties.

Detailing evidence regarding October 15, Mr. Meredith declared • the Lakeys were alive until after the afternoon milking. Next morning a settler named Stevens noticed Lakey’s cows were not milked. Stevens and another farmer, Wright, decided, to investigate. Mrs. Stevens about the same time saw Bayly driving a sledge towards his house. Stevens and Wright, on their arrival at the Lakey’s house, called out and received no reply. They then went to the cowshed, finding that the cows had not been milked, but the separator and machines had been cleaned after Sunday afternoon’s milking. “I think you may take it as certain that Lakey and Mrs. Lakey completed all the operations that day,” continued Mr. Meredith, who detailed the condition of the Lakeys’ house when Wright and Stevens entered.

Everything apparently was ready for Sunday night’s meal, so the time of Lakey’s and Mrs. Lakey’s death was immediately after the milking. Turning to the medical evidence, Mr. Meredith said Mrs. Lakey had been struck two heavy blows on the chin, rendering her unconscious, and had been placed alive face down in the dockpond, the actual cause of death being asphyxiation. As the clothes were up round the waist there could be no suggestion that she fainted or fell there during a seizure of any kind. After Mbs. Lakey’s body had been found it was discovered that guns in the house were missing, as were Lakey’s suit and Gilmour’s boots. This raised the supposition that the person who tried to stage ah appearance of Lakey’s disappearance did not know the boots were

not Lakey’s. On the arrival of further police exhaustive investigations were made to discover Lakey.

For anyone to attempt to dispose of anything belonging to Lakey would be fraught with the gravest risk. On the first day Bayly assisted in the search, but did not stay long. Later when £lOO was offered for Lakey’s body Bayly said, “It would never do for me to find it. Those — down there think I did it.” He also expressed the view twice that the police were looking for something that did not exist. In conversation with Constable Elmes, who told Bayly that Mrs. Lakey had been found, Bayly said Lakey had put something across him in connection with sheep. THEORY OF DISAPPEARANCE. “Why Bayly should refer to a matter like that ■ at that time is difficult to understand,” continued the prosecutor. “Bayly put forward this theory to Mrs. Fumiss that Mrs. Lakey had had a seizure and that when Lakey had come up from the cowshed he had got breezy and cleared out®with the guns. So the theory that Lakey had cleared out was set up by Bayly at the outset.” On Tuesday when Furniss was at Bayly’s house Bayly senior said, “Bill has a good theory that Lakey put out the cream cans so that the carter would pick it up and give him time to get away.” On the same day Constable McEachern talked to Bayly at Bayly’s house. Bayly suggested Lakey was in the scrub across the lake as he would not be likely to shoot himself.

On October 16 the police discovered wheelmarks leading from Lakey’s yard to Bayly’s boundary. A pair of wheels with a frame were noticed standing under a wattle tree nearby. On examination it was found that the grass under the wheels was fresh green. On the frame were fresh shave marks, while down the sides the bloodstains could be seen by the naked eye, continued Mr. Meredith. On the shave marks similar stains were found.

The approximate route taken by the frame wheels was shown by the marks in cow droppings. On the other side of Bayly’s fence were sledge marks leading to where the frame had been run. Bayly accounted for these by declaring that he had driven to examine a telephone post at the fence. Bayly’s knife was examined by the detectives and found to be very sharp. At the heel the knife had several irregularities where the edge had been turned.

PROTEST BY BAYLY.

Bayly protested against the police taking the front board of the sledge, which was not removed till later. In Lakey’s yard a constable picked up a piece of wood which was spattered with blood. The implement shed was then closely examined and further blood was noticed, while it was seen that one sack had been recently taken from the wall. Shaving marks were discovered on portion of the wall near to which were blood splashes. Concealing these was a benzine box which had been moved, it was suggested from the inside of the shed, for that purpose. From the ground shavings, grass and stones were removed and sent to Auckland for examination and found to be splashed with blood. A pea-rifle was also found the same day. On October 21. a search warrant was executed on Bayly. The police took possession of a belt and sheathknife. It was then in a different condition to when first seen. At the same time the police took possession of two pairs of dungarees. One one these were what appeared to be spots of blood. Out of the pocket fell a discharged pearifle shell, which Bayly said was from his rifle, declaring that he had been shooting just previously. Expert evidence would show beyond human doubt that it had been fired from the pearifle in Lakey’s house, which subsequently was found submerged in a swamp. The spots on the trousers later were positively identified as human blood. On the same day the front board of the sledge was taken and sent to Auckland, where the tests showed blood. On the night of October 25 Bayly visited the police camp at Lakey’s home complaining that someone was prowling round his place. Bayly declared his dog attacked a dog resembling Wright’s dog, which accompanied the prowler. Detectives pointed out that Wright’s dog was a slut, therefore Bayly’s dog would not ■ attack; it. There were two independent witnesses as to Wright’s movements that night—Constable Ross, who was billeted with Wright, and Wright’s farmhand. When detectives rang Wright he was in bed.

BAYLY’S DISLIKES.

Bayly told the detectives that there were four people in the district he had no time for —Wright, Sanson and Stevens. He then hesitated. When asked if the fourth was Lakey he said yes. Next day detectives saw a shovel at Bayly’s cowshed, which he objected to them removing. They took a scraping of the deposit on the lip. This proved to be the first step in finding the disposal of Lakey’s body, as an expert analysis of the sample showed burned bone, burned charcoal, and burned sacking. Bayly told the detectives he did not know what the deposit was, as he had not been using the shovel in the house or garden. During continuation of the search on October 30, the police probed the swamp from Lakey’s to Bayly’s property, said the prosecutor, on resumption in the afternoon. On Bayly’s land, sunk some inches under the surface, were found the barrels of Lakey’s shotgun, the stock .of the missing pea-rifle, and then other parts of guns. Bayly made the suggestion that someone had placed the guns there. On examination the barrels showed little rust, proving that they had not long been there. During the continuation of the search on October 30 the police probed the swamp from Lakey’s to Bayly’s property, said the prosecutor. On Bayly’s land, sunk some inches under the surface, were barrels of Lakey’s shotgun, the stock of the missing pea-rifle and then other parts of guns. Bayly made a suggestion that someone had placed the guns there. On examination the barrels, showed little rust, proving they had not long been submerged. Towards the middle of November, as a result of an analysis of ash from shovel investigations centred on Bayly’s property, from the cowshed floor the police took scrapings which yielded burned bone, wood, charcoal, and a quantity of melted lead, representing half the weight of a pea-rifle bullet.

DISCOVERY OF OIL DRUM.

At the back of Bayly’s house stood the half of an oil drum, which had obviously been subjected to considerable heat. The police took scrapings from the bottom of the drum, which showed small pieces of burnt bone, wood, charcoal and a small amount of molten lead. Bayly said he had burned only wood in the drum but had heated some iron. When the other portion of the drum was found Bayly said he had cut it because it was no good. This was obviously untrue as the upper portion showed clearly the effects of intense heat. Questioned about some animal bones in the garden Bayly said he did not burn them but crushed them.

Mr. Meredith then gave a resume of the statements made by Bayly regarding the Lakeys. The day after the oil drum was seized by the police Bayly wrote a letter to his wife. The next day he left the farm. “That letter suggests suicide,” said Mr. Meredith. “Whether it was his intention to give the impression he was going to commit suicide, or whatever was in

his mind, he did not carry it out, because later he turned up at Auckland.” The police then commenced digging in the garden close to Bayly’s house. Immediately they came on pieces of small charcoal, with what seemed to be burned bone. This they obtained by sieving the soil, also getting burned rag, a metal runner from braces and a metal stud from trousers.

EXPERTS DISTINGUISH BONES.

The prosecutor informed the jury that experts were able to distinguish many of the bones obtained as human. Many from the vault of the skull were characteristic of a man. Another was a portion of the atlas, on which the head rested. Man was the only animal to carry his head erect. Therefore the atlas was definitely human.

On the same night as the discovery of the bones Bayly was arrested. He made no reply to the charge. Investigations were continued after his arrest, yielding two false teeth, which were capable'of resisting fire and of maintaining their characteristics. Skull bones were also discovered. Other materials revealed . included burned white rubber and burned tweed.

When the police emptied the sheep dip the results were somewhat startling. One result was the discovery of a cigarette lighter with a home-made wick of similar material to that found at Lakey’s. In the dip were several more pieces of skull, some of which could be fitted together to make one large piece. Mr. Meredith exhibited the top portion of a skull with patches marked in red, which he stated had been prepared by pathologists to show where the bones could be fitted together.

Mr. Meredith then referred to certain bones which he declared had been identified as portion of the radius or elbow joint. The portions recovered comprised a socket bone moving in the socket, both ..parts fitting each other. Another exhibit was. a lock of hair which witnesses would say resembled Lakey’s. On December 13 the detectives that an upright supporting the roof of the separator room in. Bayly’s cowshed had been shaved off. Oil was smeared over the shave marks but no dust was impregnated, showing that the oil was newly smeared in the cowshed. Pieces of concrete bearing marks of burning were seen. It was suggested the drum had stood on these. Parts of a mutilated watch were discovered under Bayly’s carshed. A portion of the case had a serial number on it. In a box in the carshed the. police discovered small screws which fitted parts of the petrol lighter.

SEARCH IN THE ORCHARD.

After referring to two sheets of corrugated iron bearing smoke marks, Mr. Meredith said a search was then diverted to the orchard, where the grass grew three feet high. The police cut the grass and found small pieces of burnt pone, including bone from the feet. Nine pieces were definitely identifiable from the human skull. In every case where bone was found it was associated with small pieces of wood and charcoal. “A neat point for consideration is: When were these bones bomed?” continued Mr. Meredith, who said they would not have stood weathering. The edges were sharp and clear and were not worn away, while soil had not worked in. Burned flesh still adhered to some, showing they had been only very recently burned. Experts could not say how old bones were when burned, but would say the appearances were consistent with their being fresh when incinerated. There were certain indications in bone formation showing age. Sex pits in the skull did not exist at birth. They were formed and increased with age, giving an indication of the age of any individual. These pits gave an indication that this was a case of a middle-aged individual, while other bones were those of an individual in middle age. Sex could be reasonably ascertained by certain joints. Pieces of the elbow joint were from the forearm of a muscular individual and were incompatible with a female. The deduction could therefore be made that the bones were those from a' muscular middle-aged man, which Lakey was. “If they were not his, whose bones could they be? Can you for one moment think some other corpse has supplied those bones?” asked Mr. Meredith, who in conclusion turned to microphotographic exhibits. Microphotographs of pieces of wood from Lakey’s shed and the wall of Bayly’s cowshed where shavings had been cut away showed certain marks left on the cuts. Experts would say these marks proved the cuts were made by the same knife at approximately the same time. A microphotograph of Bayly’s knife showed a number of turns near the heel which fitted these marks. Similar photos had been made of the shells fired from the pea-riiie found in the swamp, Bayly’s pea-rifle. The marks left by the strikers differed, showing that a shell found in Bayly’s dungarees had been fired from Lakey’s gun. A shell found in Lakey’s yard was held by experts to have been fired by Bayly’s rifle.