EVIDENCE OPENS

Timaru Herald, Volume CXXXVII, Issue 19807, 24 May 1934, Page 10

EVIDENCE OPENS

RUAWARO MURDER CHARGE DISCOVERY OF TRAGEDY DESCRIBED » By Telegraph—Press Association AUCKLAND. May 23. There was a fair crowd in the body of the Supreme Court, but few women were hr the gallery this morning, when the trial of William Alfred Bayly, aged 28, a farmer, of Ruawaro, on charges of murdering Samuel Pender Lakey and Christobel Lakey, at Ruawaro on October 15 last, was continued. Mr Justice Herdman was on the Bench. The Crown Prosecutor, Mr V. R. Meredith, with him Mr F. McCarthy, conducted the case for the Crown, and Mr E. H. Northcroft and Mr L. P. Leary appeared for accused. As on the preceding days, the accused’s wife was present, sitting behind counsel for the defence. Plans and Photographs. | The first witness this morning was John Joseph Carroll, a surveyor, who produced five plans that he had prepared. showing the Ruawaro district, and Bayly’s and Lakey’s properties. Copies of the plans were distributed to the jury. The plans showed the roads and boundaries of the properties, the swamp, houses, outbuildings, and levels.

In reply to Mr Northcroft, witness said he had shown the old track following the ridge, which continued to Lakey’s eastern boundary. The records of the Land and Survey Department showed another road, which was not formed. Lakey’s fences in this locality were not shown on the plan. The top of the ridge in the wattle paddock would be visible from Wright's. Witness understood that Bayly’s access ran from the southern corner of the property up to the ridge. Once it started to rise the route was in view of the properties to tile north-east and the east. Calvert’s property overlooked portion of the main road to Bayly’s gate, and all approaches to Lakey’s except from the east. The area of Bayly’s entrance paddock was approximately 12 acres. A series of photographs taken on the Lakey property on October 18 and 19 was produced by Constable C. M. Francis, police photographer, of Auckland. These included the wheels and trame standing under a wattle tree, and the duckpond, which had been drained. In reply to Mr Leary the constable said that the wheels were In the same position as when they were first discovered. Frank Stewart, a commercial photographer, said that on January 8 he went to Ruawaro in an aeroplane, piloted by Squadron-Leader Hewett, and took a series of aerial photographs, showing the Lakey homestead, garden and cowshed, and also Bayly’s house, cowshed, and carshed. Cross-examined, Stewart said that If an aerial photograph was taken vertically it approximated the plan." An oblique photograph did not give accurate distances. His photograpns were oblique. At this stage witnesses were ordered out of Court. Further photographs were produced by Senior-Sergeant E. W. Dinnie, of Wellington. Raymond George Brader, 11, living with his stepfather, Wright, at Ruawaro, said that on October 15 he was at Lakey’s. When he arrived at 11.30 a.m., both the Lakeys were at home. Witness had lunch there, leaving at 2.30. Lakey was dressed in a singlet, a dirty blue pullover, and working trousers. He was lying down readingwhen witness left. Lakey’s snotgun, Mrs Lakey’s shotgun, and a pea rifle stood in the passage. When he left Mrs Lakey came to the gate and kissed him. The Lakeys seemed all right then. In reply to Mr Leary, the boy said that he did not remember saying he would not know the guns again. He did not know when the milk was brought up to the house or when tne calves were fed. Witness had been to Lakey’s since October 15, but had not seen the boat in the shed since then. Discovery of Tragedy. Bertram Vernon Stevens, a settler, of Ruawaro, said that the Lakeys got on very well together. Throughout October 15, he could see part of Lakey’s property. That day, at 6.30 p.m., he saw a man with the cows at Lakey’s cowshed. The following morning he noticed Lakey’s cows were still in the paddock. Witness then saw Wright, who went with him to Lakey’s. At Lakey’s gate stood two cream cans covered with a sack. Witness shook the cans which seemed to have some contents. Wright and witness then visited Lakey’s house. On knocking and receiving no reply, they .went down to the cowshed, but no one was there. On their return they entered the house. Witness detailed the state of the kitchen. The police were then notified. After their arrival, another settler, Slater, discovered Mrs Lakey under sacks at the duckpond. She was face down, her head overhanging and submerged in the water. Her arms were crossed in front of the face. She had a small mark on her chin, and clotted blood ran from the nose. The body was clothed in working clothes, which were pulled waist-high in front. Witness identified the guns produced as Lakey’s and Mrs Lakey’s. The same day, a search for Lakey was commenced, six or seven participating. Witness saw the wheels and frame, which were usually in Lakey's yard, standing under a wattle tree. Lakey had a false upper denture, and smoked a cherrywood pipe, which he lit with a lighter or matches. Mrs Lakey gave witness a piece of wick similar to Lakey’s. Witness described Lakey's watch. Lakey, when working, wore Palmer nap trousers and gumboots. His hair was auburn, going grey. Cross-examined, witness stated that he could see Lakey’s house from his cowshed and also portion of the top of the ridge from Lakey's to Bayly’s cowshed. From witness's house a better view was obtainable, while a portion of Lakey’s access could be seen from witness’s cowshed and house. Witness did not see Lakey start milking. Stevens declared that he was prepared to swear that a sack was over the cans at Lakey’s gate. The calves appeared to have been fed the previous evening. Witness could not remember if the milking machines were clean. Mr Northcroft then questioned Stevens regarding the finding of Mrs Lakey’s body. “How large was tile mark on the chin?’’ asked counsel.

“It was not very big. It would not cover a threepenny bit," said Stevens. Witness said that Lakey’s dog was chained to the kennel. It was Lakey's habit to chain the dog at night. Witness had renewed his petrol lighter wick six weeks before Lakey’s death. He had not seen the wick in Lakey’s lighter, but Mrs Lakey had told him it was the same as in witness’ lighter. To Mr Meredith, Stevens said that

from his cowshed he could see past Lakey’s house two paddocks to the east. It would not take long to feed Lakey’s calves, which drank from troughs in the cowyard. Witness then demonstrated with slips of paper how the sacks were piled on Mrs Lakey when found; the body was completely concealed. Wright's Evidence. Another Ruawaro settler, Harold Thomas Wright, said that on October 15, he was at home with his wife. The boy Brader returned at 2.30 from Lakeys. After milking, witness and his employee, Cunningham, had a meal. Witness spent till 9 p.m. fiixing the wireless set. The following morning he saw Lakey’s cows unmilked in the paddock. He did not see anyone, about Lakey’s. At 7.30 he met Stevens and went to Lakeys, entering the gate off Bain's road. Two cream cans stood outside the gate near four posts. Witness did not examine them, but Stevens moved the sacks and shook one of the cans. They proceeded to Lakey's house, but found no one there. At the cowshed he noticed that the separator, machines and floor had been washed. Returning from the shed witness entered the house, finding that the beds had not been slept in. Two pots containing meat and potatoes stoo l or, the range. T’-orc was a milk pudaiog on the rack above the stove. The Lakeys had their evening meal after milking. Witness notified the Hunt’.'/ police by a neignbour’s telephone. Stevens and witness milked iii~ cows. There were no cream buckets at the shed. Witness then detailed Lakey’s system of milking and handling of the cream and skim milk. On the arrival of the police other neighbours were present. All went to the house. Passing the duckpond a neighbour named Slater called out after lifting a sack from the pond. Constable Robertson lifted the bags disclosing Mrs Lakey lying face down. The head was in the pond, partially submerged and the arms were crossed in front of the face. When the body was turned over they noticed that the face was discolpured and a small piece of skin missing from the side of the chin. There was frothy blood at the nose. The sacks were wet. On Sunday night showers had fallen. Search for Lakey. When search was made for Lakey that day witness did not go out but assisted next day and for three weeks. On October 18 he saw the wheels and frame at the wattle tree, noticing that there was a cut 4 to 5 inches long on part of the frame. Grass under the wheels was green. There were fowl droppings on the frame two or three days’ old. There were no fowls near the tree. Witness was present next day at Lakey’s when Constable Flynn picked up a broken wooden batten marked with blood streaks. This batten was similar to the battens comprising the wall of the shed. He saw at the same time a crossbar which had been shaved. Lakey had an old cart and one horse. Witness did not see the horse on Monday. "I have two cattle dogs, one bitch and one dog,” continued Wright. “I do not tie her up. Sometimes I tie him up. They are easy to handle and very friendly. I remember the night Detective Snedden rang me about the dog. I was in the house with my wife and family Constable Ross and the man I have working for me. George Cunningham. Ross arrived about seven o’clock after having a meal I spent the evening sitting talking. None of us went out that night. I went to bed a little before 9 o’clock, about the same time as Ross.” , . Asked to examine a lock of hair. Wright said it was similar in colour to Lakey’s. Lakey had an 18 feet launch and a duckpunt. On the night of Lakey’s disappearance the boat was two chains off the shore of Bayly’s property. The lake was very low and the launch was high and dry. He did not know where the duckpunt was. In reply to Mr Leary, Wright said that the day before the tragedy was wet, and there were one or two showers on Sunday, which was very blustery. Talks With Police. “You recognise this as a piece from the frame and wheels?” asked Mr Learv, showing witness a piece of timber (exhibit 10). Wright said “Yes.” Asked to place the timber in position in the frame, Wright said he was not sure where it came from. He thought it was from the end of the frame. Witness said he felt sure that the other timber (exhibit 15) was from the implement shed. Mr Leary said that witness had declared in the lower court that he could not say whether he could recognise exhibit 10. “You have just told us 15 Is from the fence,” continued counsel. “In the lower court you said exhibit 15 is similar to the one referred to. You said, ’I see shaving on it, but could not say if it was shaving or not’.” “Things have come back to me differently now,” replied Wright. “There may be things I said in the lower court which I would not say now.”

“You have talked this over with ’ho neighbours?” asked Mr Leary. “Yes. It is only natural," replied witness. You have talked it over with the police?—Yes. Some of them. Who have talked it over with you? “The whole countryside has talked it over probably,” interjected the judge. Wright enumerated a number oF constables with whom he had discussed the case, and admitted discussing it with Mr Meredith since the preliminary hearings. George Cunningham, a youth employed by Wright at Ruawaro, gave evidence regarding the evening of October 15. Wright was home fixing the wireless. On the night the detectives rang about the dog Wright was home listening to the wireless. Constable Ross was present. Witness was in bed when the ring came and did not see. who answered it. Charles Alexander Sanson, a Ruawaro farmer, said he saw Bayly taking the cream out on the morning of October 16. Accused was driving a sledge on his outlet near the main road. Witness went over to Lakey’s, going first to the cowshed. Bayly followed the proceedings with a file of the lower court depositions At the conclusion of the hearing he held a short animated conversation with his solicitor Mr Lusk.