BAYLY TRIAL.

Star (Christchurch), Volume LXVI, Issue 20311, 22 May 1934, Page 7

BAYLY TRIAL.

PROSECUTOR ADDRESSES COURT. Happenings at Ruawaro. JURY URGED TO TAKE CALM VIEW. (Special to the "Star.”) AUCKLAND. May 22. The Supreme Court proceedings in the trial of William Alfred Bayly, 28 years of age, farmer, of Ruawaro, were continued to-day. Bayly, who was. arraigned on separate charges 'of murdering Christobel Lakey and her husband, Samuel Pender Lakey, at Ruawaro, near Huntly, on or about October 15, 1933, was arrested by Detectives Thomas Allsopp and Thomas Sneddon at Auckland on December 4 and was committed for trial after a hearing which opened on January 16 and lasted ten sitting days. By consent the trial in the Supreme Court was deferred until the present sessions. After the jury was empanelled yesterday forenoon, its members were taken to the Lakey and Bayly farms at Ruawaro. An early lunch was provided for them at their hotel and special cars were made available for the journey. An inspection was made of both the properties and the jury returned to the city at G. 45 for dinner. Later they visited a picture theatre. There was no evidence of increased interest in the trial when the Court reopened this morning. A short queue comprising just on 100 men had formed outside the main entrance, while at the stairway leading up to the gallery there were eighteen women. When the doors were thrown open all were admitted and others who came later als< gained admittance, until about 130 men were inside the Court. Other spectators who arrived at intervals were not allowed in, and at 10.30 there were perhaps two dozen men outside. These gradually drifted away. The gallery open to women has se_ating accommodation for only forty-six, and there were eight vacant seats at 10.15. at which time the Crown Prosecutor was well under way with his opening address to the jury. Again the accused’s wife was in attendance. Mrs Baylv sat alongside her father, immediately behind Mr E. H. Northcroft and Mr L. P. Leary. \vh o are conducting the case on behalf of the accused. Bavly himself sat in a corner of the dock guarded by two warders, while Mr Meredith told the story of the Crown’s allegations to the jury. Occasionally Bayly was seen to take a note on a pad. Ranged in front of the jury on a specially prepared table are dozens of bottles and jars, also boxes containing what the police allege are human bones. At the back of the Court are the wheels and frame and sledge on which it is alleged the body of Lakey was taken from his own homestead across the paddocks to Bayly’s cowshed. When the Court adjourned at 1 o’clock the Crown Prosecutor was only half-way through his address, but in less than three hours he had covered many phases of the police allegations. Mr Meredith’s Address. An elaborate review’ of all the evidence to be called by the Crown was made by Mr Meredith in outlining the case to the jury. “ Your Honor, Mr Foreman and Gentlemen of the Jury.” said Mr Meredith, “ William Bayly is charged with the murder of Samuel Lakey and Christoble Lakey on October 15, 1933, at Ruawaro. “ Before outlining the evidence, I feel it is my duty to make reference to one matter. The peculiar circumstances of this case have given to it a profound and painful interest throughout this Dominion. It has been discussed wherever people have met. The long search by the police over the country surrounding Ruawaro has been reported in all the newspapers. Every detail that can be ascertained by active journalists has been seized on with avidity by the Press and offered to the public and it may be, and probably is, that some of you have heard discussions on various aspects of this case. “Standing here as an officer of justice, wdth no interest or desire save that justice shall be done impartially and fairly, I feel it my duty to warn you not to allow any preconceived opinion to operate on your judgment in this grave matter. Your bounden duty is to try this case according to the evidence which will be adduced in this Court, and on that evidence alone. “ Dispassionately and Fairly.” " You must throw from vour mind anything that you have heard or read, or anything of preconceived opinion, so that you may enter on this inquiry calmly, dispassionately and fairly. “ If the evidence that you hear shall satisfy you of the prisoner’s guilt you will perform your duty to your oaths, to your consciences and to the community of whom you are the representatives by fearlessly pronouncing vour verdict accordingly. If the evidence, on the other hand, fails to produce in your minds a reasonable conviction of guilt Heaven forbid that the scales of justice should be inclined against the accused, Bayly, by anything of prejudiced or preconceived opinion.” Mr Meredith said he was glad to say that the accused was represented by able and experienced counsel. For that reason he knew that everything possible that could be suggested on behalf of the accused would be put forward earnestly and strenuously, and everything would be done which possibly could be done in the interests of the accused. An Affectionate Couple. “ Samuel Lakey w’as a man about fifty years of age,” continued Mr Meredith, “ and lived with his wife, who Was slightly older, at Ruawaro. They bad no children. They were an affectionate couple, and got on well together. Ruawaro is a farming district, fourteen miles from Huntly. ‘ Lakey’s property was bounded on one side by Bain’s Road, and on the other by Bayly’s property, the bound-f-A ence between them being about j > yards from Lakey’s house, which was built on the top of a ridge on the sk>hne. It was a small three-roomed house with one door opening at the

back, the only door. Lakey was fond of shooting, and there w*ere several firearms in the house.” Here Mr Meredith gave a detailed description of the localities, with particular reference to the Lakey and Bayly farms. A blackboard on which was mounted a specially-prepared plan was used by the Crown Prosecutor to describe the locality. The Lakeys’ Residence. Mr Meredith described particularly the back part of the house and the farmyard outside. Just outside the back door was an enclosed space form ed by three sheds, one of them being known as the implement shed. It was erected at the right-hand corner of the house and there was a small gap between it and the house. It was a lean-to with a corrugated iron roof and the front of it faced the enclosure. The lower part consisted of battens only fastened on to two cross pieces of timber. The top naif was covered by manure sacks, which were tacked up. At the back of the house, the implement shed and the tool shed, a few yards away, was what was known as the duck pond, a small concrete basin 13ft by Bft long and up to Ift deep. In the backyard used to stand a pair of wheels fastened on a cart frame. These were never used and had been there for years. The cowshed was down a steep slope towards Bain’s Road, about 100 yards from the house, and from the cowshed no view could be obtained of the back door of the house or of the enclosure. On the next ridge across Bain’s Road were the properties of neighbouring farmers, Wright. Stevens. Sanson and Calvert. Wright and Stevens from their cowsheds had a full view across the gully to Lakey’s cowshed. Bayly’s property was on the other side of the slope from Lakey’s. There was a clear view of Bayly’s house right across Lake Whangape and the property of Mr Herbert looked directly across the lake at Bayly’s cowshed. The importance of this would be indicated w’hen evidence was given that heavv smoke was seen from Herbert s over Bayly’s cowshed on the night of the tragedy. Their Daily Habits. Details of the daily habits of the Lakeys were next given by the Crown Prosecutor. It was the practice for them to have a cup of tea before getting the cows in for milking in the afternoon. Mrs Lakey would then set the table for the evening meal, put the meal on the stove to cook and go down to the milking shed with her husband. When the milking was finished Mrs Lakey would go up to the house with one can of cream, leaving her husband to clean up and feed the calves and pigs. Before going into the house she would wash her gum boots in the duck pond and then go into the house and complete preparations for the evening meal. Her husband followed later. In the morning the cream would be taken down by sledge to the stand at Lakey’s gate on Bain’s Road and would be picked up each morning, with the exception of Sunday, by Boyle, the carrier. In a small community such as Ruawaro the habits of the" Lakeys would be known to all the immediate neighbours, including Bayly, who at an early stage was apparently on terms of friendship with Lakey. A Peculiar Lighter. In giving a description of Lakey’s clothing, Mr Meredith said that in going about the farm Lake}' wore what were known as Palmer nap trousers. Lakey was a pipe-smoker, always using cherrywood pipes. He had a false set of teeth on top, but his own teeth on the bottom. He was a medium-sized man with reddish hair, worn fairly long and slightly turning grey. He wore braces and a belt, the braces being that make known as Police braces, with the word “ Police ” stamped across the runner. For lighting his pipe he usually used a benzine lighter which had been given to him by Miss Venn, who trsed to visit and stay with the Lakeys at .different times. There was a pecularity about the lighter in that the original wick w’as not there, but he had a wick he himself made from some embroidery cotton supplied to him by Mrs Lakey. A neighbouring farmer, Stevens, had the same kind of wick in his lighter, Mrs Lakey having given him a piece of the same embroidery cotton out of the same basket. The jury w’ould see the importance of that later when he told them that a lighter was found in Bayly’s sheep dip. Lakey had three watches, but the one he used when working was heavy with big black numerals and very large in size. Lakey’s Relations with Bayly. “It will be important to discuss the relationship existing between Lakey and Bayly at and before the time of the tragedy,” continued the Crown Prosecutor. The Lakeys had been farming on their property for many years. Bayly came to the district and occupied the adjoining propertv about five years ago. Since Bayly acquired the property he had erected a sheep-dip alongside the cowshed. At first the Lakeys and Baylys were on friendly terms. Bayly used to go ' from his house to Bain’s Road through Lakey’s farm, using that as a thoroughfare. They also had a joint milk stand down at Lakey’s gate. It was a properly constructed stand on four posts with a roof and everything to protect the can from the weather. This they both used. They also had working arrangements in connection with some sheep, whereby about fifty of Bayly’s sheep were grazed on Lakey’s land, the understanding being that they should share the mutton. This condition of friendly relationship seemed to have seriously broken down some little time prior to the tragedy. A quarrel arose over the sheep placed on Lakey’s property. Bayly removed them. statin & that Lakey threatened to lay an information to the police, he apparently claiming that as he had fastened thj sheep he was entitled to a half share in them, and that he was robbed of thiF share by Bayly’s action Open Quarrel Alleged. “ Bayly has indicated his hostility to the Lakeys by statements made from time to time by him to neighbours,” said the Crown Prosecutor. “ Bayly in 1932 said to an employee named Stent that he would go to Lakey’s mortgagees and to the dairy factory and ruin their credit. “ There was an open quarrel at the end of 1932. Bayly wished to get access through Lakey’s property and wanted to cut Lakey's fence to get access. He tobk Stent up as a witness to the discussion with Lakey. Lakey said to Stent, ‘ Keep out of this, Stent. It is getting more serious than you think.’ Bayly notified Lakey that he was gogoing to cut the fence. Bayly and Stent then left. “ Bayly then took the cream stand

off its four posts and carried it to his own place. He told Stent that he was not going to let those miserable have it. As they rode away he ' told Stent that the Lakeys would not see the next season out. On another occasion Stent had said, ‘ You are not too friendly with the people on top of the hill,’ meaning the Lakeys, and Bayly said, ‘ Yes. I would like to cause a row with all the neighbours and get them out of it.’ Bayly said he would shoot Lakey if he came down there. Afternoon of Tragedy. “ I will now go to the Sunday, October 15,” said Sir Meredith. “ That is the day on which it is suggested that Lakey and his wife were murdered and before the body of Mrs Lakey was found. In the afternoon Mr and Mrs Lakey are seen by Mr and Mrs Stevens going down to milk. Stevens saw a man, presumably Lakey, putting the cows out after milking about 6.15, so it is clear that Mr and Mrs Lakey were alive on the Sunday evening until the completion of milking. “ Bayly’s movements on this Sunday as far as can be ascertained were these: It was his custom .to go to the house of Mr Furniss on Sunday afternoons for a dual purpose. lie used to play tennis there and also take up an order of meat which Furniss supplied. On this Sunday afternoon he did not go to Mr Furniss’s house, but went to the house of Mr Calvert from which there is a view of the Lakey homestead. “ In going from Mr Calvert’s house his own house, he would have completely encircled Lakey’s property and could, if he so desired, verify the position as to whether any strangers were at Lakey’s house. As a matter of fact Bayly himself says in a statement to the police that he saw Lakey getting his cows in at 4.30. It is clear, therefore, that Lakey and his wife were alive at the evening milking time. “ The next happening which is definitely known is that just before dark Mr Herbert and an employee named Brooker, both of whom had a direct view of Bayly’s cowshed, have their attention drawn to a large volume of smoke hanging over Bayly’s cowshed. Of that there can be no doubt. What Mrs Stevens Saw. “Early next morning Mr Stevens, one of the neighbours, looked across the gully and saw that Lakey’s cows were still in the night paddock where they had been put the night before. They were apparently unmilked. Stevens and a neighbour, Mr Wright, decided to go up to Lakey’s. They noticed the cream cans at the gate. Stevens shook them and found that there was apparently cream in them, but when Boyle, the carrier, came along he found that they were not in the position in which Lake} usually left them for him. “ While the men were going across to Lakey’s, Mrs Stevens saw Bayly go I along the ridge on horseback, turn down the hill on the property out of sight, and return shortly afterwards along the ridge with a sledge. In the meantime, Wright and Stevens, finding no one at the house, went down to the cowshed. Thev found that the cows had not been milked. When they went back to the house they found that the beds had not been slept in and that the table was laid for a meal. “ Never Returned to House.” “ Knowing the usual habits of the Lakeys,” said Mr Meredith, ” it is clear that the evening meal was put on to cook and that the table was laid, but they never again returned to the house. It is clear that the Lakeys completed milking on the Sunday afternoon, because the machines are clean, and Lakey is seen putting his cows out after milking, as the milking was finished, and the. condition of the table shows that they never returned to the house. The only inference is that they were dead immediately after milking. “ With these d iscoveries made by neighbours. Mr Wright, about nine o’clock in the morning, rings the Huntly police, and Constable Robertsun rings up several neighbours, including Bayly, inquiring whether they have seen anything of the Lakeys. When Ba> Iy was asked whether he had seen anything of the Lakeys he, strangely, made no reply. “ Bayly is, therefore, cognisant early on Monday morning that the police are now inquiring. Constables Robertson and Elmes arrive and, with several neighbours, they commence a search. On the way up to the house from the cowshed, Mr Slater, a neighbour, notices by the duck pond a heap of sacks. They were so neatly spread out that the others had not had their attention attracted to them. Slater lifted up a sack and found a gum-boot sticking out. When the sacks were removed the dead body of Mrs Lakey was found. A significant fact h that her clothing was all up in front, pulled up above the waist. % Cauce of Woman’s Death. “ The opinion of medical men,” said Mr Meredith, “ is that Mrs Lakey received two heavy blows on the mouth and jaw, the one on the jaw being a knock-out blow rendering her unconscious. They are definitely of the opinion that while in this unconscious condition, but still alive, her head was placed in the duck pond, and that she died of asphyxiation, being unable to get her breath owing to her face being in the water. Slight abrasions on the left elbow and left knee would be compa table with a blow on the right jaw, as that is the side on which she would fall. “ The fact of her clothes being up round her waist would indicate that she had been dragged to the duck pond, as the mere act of falling could not pull the clothes up. It would appear that she was deliberately carried, or dragged, to that duck pond. “If by any chance she had been hit in a fit of temper and had fallen in the duck pond, the aggressor, unless he deliberately wished to drown her, would have lifted her out so that she would not drown. Further, Mrs Lakey’s clothes could not have been in the position they were through a fall. The body must have either been carried or dragged to where it was found to disarrange her clothes. “ The house was then searched, and it was found that Lakey’s doublebarrelled shotgun was missing. There was also missing a pea rifle, which had been lent to Lakey by a man named G. L. More, but this was not known until later. There was also a suit of clothes belonging to Lakey missing and a pair of boots belonging to Gilmore, who used to leave his boots at Lakey’s because he lived along a muddy road and he changed his boots at Lakey’s on his .trips to Huntly. The First Suggestion. “ In the ordinary way the finding of Mrs Lakey’s dead body, the complete absence or sign of Lakey, with his gun

and the missing clothes would, and did, raise immediately the suggestion that Lakey had murdered his wife and cleared out to commit suicide or endeavour to clear out altogether. Whoever intended to set this suggestion up took the wrong boots and this mistake shows that Lakey did not murder his wife, as it is hardly likely that he would take Gilmore’s boots. “ A further detachment of police arrived that afternoon from Auckland and the Lakey property and surrounding neighbourhood was being actively and exhaustively searched by the pdlice and settlers from early on Monday forenoon. It would be impossible for anyone in that vicinity to attempt to conceal or get rid of any material without running the gravest risk of detection. For anybody found in possession of anything belonging to Lakey it meant, of course, the end. Bayly, for a little while, joined the farmers and the police engaged in the search, but shortly after he returned home and it was noticed that from that time on he took practically no part in the search for Lakey. In conversation with a neighbour, Furniss, the accused on two occasions suggested that the police were .searching for something that did not exist. Talk With Constable. “ At Bayly’s house that morning Bayly had a conversation with Constable Elms, of Huntly. Constable Elms told him that they had found the body of Mrs Lakey at the duck pond, and that the police had discovered that Lakey’s gun was missing and that they were making a search for Sam Lakey,” Mr Meredith told the jury. “Bayly said to Constable Elms: ‘I suppose you already know that we were not on friendly terms.’ Constable Elms asked him again if he had seen Sam Lakey or heard the report of a shotgun. Bayly replied that he had not. Bayly also passed a remark regarding Lakey having put something across him over some sheep. Bayly left Constable Elms shortly afterwards. About 1.30 on Monday Bayly went to Furniss to get the meat which he had not called for on Sunday. While there he discussed with Mrs Furniss and a help named Miss Hancock the question of Lakey’s disappearance and while there he set forward a theory in connection with the matter, liis theory was that Mrs Lakey had had a seizure and that Lakey had come to the house and found her and got ‘ breezy ’ and got away with the gun. “ Mrs Furniss asked Bayly if he thought Lakey would commit suicide. Bayly replied that he did not think so, as Lakey would not be brave enough. Bayly further remarked that Lakey might be a hundred miles away by now and that he might go out Rangiriri way and might have got on a boat and gone away. He further remarked that Lakey was not well known. Mrs Furniss mentioned that she had heard about the sacks, and said she did not think Lakey would cover Mrs Lakey with sacks. Bayly said: ‘ Yes, it would give him time to get away.’ “It was noticed by Mrs Furniss and also by other witnesses that on this Monday Bayly’s eyes were bloodshot, and this bloodshot condition continued for the ensuing few days. There could be many causes for bloodshot eves, but this would certainly be a condition consistent with smoke getting into them. No trace of Lakey was found on this afternoon. Accused’s Suggestion. “ The search for Lakey was continued next day. About 10 o’clock a neighbour named Furniss was at Bayly’s house and Mr Bayly sen., was with the accused. The father said: ‘ Bill has a good theory. He says that Sam Lakey must have put the cream out at the gate and that he found Mrs Lakey dead. lie said he must have put it out in time to let Lakey get away so that the cream carrier would pick up the cream in the usual way without investigating.’ “It must be noticed that this is the second occasion on which the accused has suggested the theory of Lakey decamping as the result of Mrs Lakey’s death. On this morning it is again observed by several that his eyes are still bloodshot. Bayly was at Lakey's house for a few minutes that day and set off with the search party, which he left after a few minutes ancl went back home. “ ©n the same day about 2 p.vn. Bayly was in conversation with Constable M’Eac-hern and he said to the constable: ‘lt is only a suggestion of mine, but when Mr Lakey came up from the shed and found his wife lying in the duck pond he would be so upset that he would walk a wav and will most likely be found sitting in the scrub on the other side of the lake. He would not shoot himself.’ Bayly then pointed across the lake. So this is the third time he makes this suggestion that Lakey has cleared out. That day Bayly gave a statement to the police about the relations that existed between himself and Lakey. Sledge Marks Found. While this statement was being taken Constable M’Eachern had found some sledge marks on Bayly’s propertv. and detectives went down to inspect them. These marks went from Bayly’s private road to a point on the boundary fence near the telephone post, and then returned again to Bayly’s road. The subsequent measurement of Bayly’s sledge show ed the measurement to coincide with the marks near the boundary fence. “ On the Wednesday the wheels and frame which you will remember stood for years up by Lakey’s house, and which had been seen by various settlers on Monday down the paddock under a wattle tree, were examined. These wheels now have a significance because they were left close to where the sledge marks approached the boundary fence. A close inspection showed that some wood had been newly shaved off the crossbar at the top and then a further inspection showed that blood stains were plentiful all over it—on the centre pole by the axle, on the side and on the axle —and these blood stains were human blood. “ Some of this human blood is in the area which has been shaved,” continued Mr Meredith. “ From this fact it is clear that the shaving was done in order to cut the bloodstains off With this sinister suggestion of blood the paddock was then searched, and these wheel marks could be traced from the direction of Lakey’s* house down to the fence through patches of cow dung. The droppings were taken possession of by the police. They were not exactly fresh. There was a slight crust on them and made a very clear imprint of the wheels. “ An approximate route was then able to be traced. This wheel imprint was measured, and it tallied with the width of the tyre on the wheels. Fur-| ther, in one place where two pathsj

were parallel, the distance of the wheel marks coincided with the width between the two wheels, so it was clear that the marks of the cow dung shewed definitely the track of these wheels Human Blood. “It is therefore clear that the wheels had been recently brought from Lakey’s house in the direction of the boundary fence, and to the same point where Bayly’s sledge had been brought to and from Bayly’s road on the other side of the boundary fence and that these wheels and the frame had had placed on them something that dripped human blood, because subsequent scientific examination of these various blood marks showed them to have come from a human being. “ I might state here that there is also a stain of human blood later found on Bayly’s sledge, albeit a small one, and the suggestion of the Crown is that Lakey’s body, after his death had been removed from the house on this frame down to boundary fence, transferred from there to Bayly’s sledge, which had been brought up from the road to the same point and thence removed to Bayly’s cowshed, whether all the way by sledge or on horseback it is impossible to say. “ While the police were measuring up these wheel marks, Baylv, who had already seen them there, turned some cattle into the paddock where the sledge marks were. This may have been done in the ordinary course of farming, or it may have been to obliterate the marks.” “ On the next day, Thursday, Bayly was interviewed in connection with his sledge. He was asked by the police if he had a sledge and he said he had. He was told that sledge marks could be traced from the private road up to the fence and he said he had driven up there on the Monday morning as he thought the telephone pole had a lean over. He had driven the sledge up there and found the pole in order. He further said that no strangers had been round the place during the week-end and that he and his wife had been home all day on Sunday, so that there is no doubt whose -sledge marks they are. “ The strange thing about this incident is that the telephone pole, which is an ordinary limb of a tree as used on country telephone lines, is perfectly intact. The fastenings on it are quite tight and it is not possible from the condition of the fastenings for it to be in any degree different in appearance on that Monday from what it would be at any other time. This is obvious on looking at it. Bayly’s Sheath Knife. “ Bayly was still wearing his belt with his sheath knife. “ This is the knife with no handle,” said Mr Meredith, as he showed the jury. “ Detective Allsopp asked him if that was a file and he said it was a knife. Detective Allsopp had a look at it and will tell you that it was exceedingly sharp with the exception that it had three or four small turns near the handle. Detective Allsopp remarked on its sharpness, saying, ‘ I could have done with this this morning for a shave.’ • “ Bayly was asked if he had any cuts on his hands. He had two small abrasions on his right ring finger. lie explained these by saying that he had done them while building a windmill for Furniss on the Saturday. While there the police took three boards off the sledge. They were proposing to take the front board off and Bayly protested, saying that if they took that he would have nothing left. There was a stain on the front board. Later that day the police were packing Lakey’s house the wheels and frame for transmission to Auckland. While doing this, Constable Flynn picked up a piece of baton for the purpose of locking the wheel. It was noticed that there were spatterings of blood on this piece of baton. This led to a further and minute search being made, and it was found that several of the batons on the implement shed were broken. There were spatterings of blood over some of the batons, while one baton was completely missing. It was also found that the lower cross piece of timber had had a small portion of the top surface shaved off. J his portion had been concealed by a box which had been placed against it,” went on Mr Meredith. “On the ground underneath where this wood was shaved off were some chips and stone and grass. “ This grass, stone and chips were carefully taken possession of, and a subsequent examination showed that on each of them were human blood, stains. The same thing applied to blood stains on various parts of the implement shed. These stains were spattered on as though an artery had been severed and had spurted blood. [ "On that afternoon an empty cartridge shell of .22 calibre long was found in Lakey’s garden. I will refer to this cartridge shell at a later stage It was a tarnished shell and not much importance was attached to it at the time. I am endeavouring to give you something of a connected story. Bayly’s Property Searched. “ On Saturday, October 21, a search [ warrant was executed on Bayly’s property. The police took possession of his i belt, sheath and pouch, and it was observed that the knife was now in a condition different from that in which it was when Detective Allsopp first saw it and remarked on it being suitable for shaving. The sharp edge had gone and there were more gaps and turns in the blade that day. " The police took possession of two pairs of Bayly’s dungaree trousers, one of which has apparent blood stains on them. While examining these trousers a .22 calibre shell dropped out of one of the pockets. When asked where that would come from he said: ‘That will be from my rifle. I was shooting down the swamp on Friday and Saturday.’ “ Expert evidence will be given to show beyond doubt that this cartridge was fired, not from Bayly’s rifle, but from the pea-rifle removed from Lakey’s house and subsequently found buried in Bayly’s swamp. That day Bayly said he had bought some cartridges. It will be proved that he bought 200 rounds and a Spandau rifle on October 12. three days before the tragedy. He handed over the Spandau rifle and said that the cartridges were in a box in the cowshed. Those cartridges have never been found. Bayly suggested that someone had stolen them. Neighbour’s Complaint. It was pointed out by Mr Meredith that on Wednesday, October 25, while the search was still proceeding, a peculiar incident occurred. In the evening one of the police, Constable Ross, was billeted with one of the

neighbours, Mr Wright, the man who actually communicated with the police on the Monday morning, October 16, about 9 o’clock. In the evening Bayly came to the police quarters at the Lakey homestead and complained that someone had been prowling around his house with a dog and that he had caught the prowler’s dog. He asked some of the police to go over to his place and Detectives Findlay and Sneddon went. Bayly said it was Wright’s dog he had caught. As soon as Detectives Sneddon and Findlay got there they rang up Wright and found he was home in bed. Bayly had told the police that his dog had caught' the other dog, which was, as a matter of fact, Wright’s, and Detective Findlay pointed out that Wright’s dog was a bitch and that no dog would attack a bitch. Bayly then explained that his dog had held Wright’s dog down by its paws. The next day while giving a statement about the dog incident* Bayly said there were four people in the district he had no time for. When asked who they were he said, “ Wright. Stevens and Sanson.” He hesitated for a time and when asked if the other was Lakey he replied, “ Yes.” “It is here noticed,” said Mr Meredith, “ that Bayly’s theory of murder and suicide had gone and there had been an attempt to pass the suspicion on to Wright, but there was nothing in that suggestion, for the two men. fortunately, gave independent evidence that Wright was not out of the house that night. This effort to shift suspicion from himself to Wright failed utterly. Discovery On Shovel. “ The taking of a deposit from a longhandled shovel belonging to Bayly that same day was the first act that led finally to ascertaining the method of the final disposal of Lakey’s body, because when the analvists’ reports of these scrapings were received it showed them to be wood charcoal, charred bone, bone burnt white and a few pieces of burnt sack. “ On being asked, Baylv said he had not been using this shovel in the ash pit. He did not know what the deposit on the shovel was. He had not I been using it in the garden but only! in the cowshed.” ______ (Proceeding.). L