TESTS MADE WITH RIFLES.

Star (Christchurch), Volume LXVI, Issue 20331, 14 June 1934, Page 9

TESTS MADE WITH RIFLES.

Further Expert Evidence in the Bayly Trial at Auckland. DOZENS OF SHELLS PRODUCED. (Special to the “ Star.”) AUCKLAND, June 14. DOZENS OF .22 calibre shells, fired by police officers from different rifles in different districts were produced in Court after Senior-Sergeant E. W. Dinnie had completed his evidence in the trial of William Alfred Bayly this morning. In the course of their search for types of rifles, the police fired shots in Auckland, Wellington, Ruawaro, Rotongaro, Pukekapia, Pukemiro and Hamilton, and among them were a number of Spandau rifles similar to the type seized by the police from Bayly’s cowshed. Interest in the trial, which has fluctuated during the past few days, had noticeably increased to-day, and both public parts of the Court were crowded. For the first time during the trial, the accused’s father, Frank Bayly, was present in Court, and he sat in front of the dock alongside the accused’s father-in-law, Thomas Palmer, who has attended the trial daily. After William Bayly came through the trapdoor, father and son nodded to each other.

Including six witnesses recalled, the total of Crown witnesses so far exceeds seventy. More have yet to give evidence.

Bayly is charged with murdering Samuel Pender Lakey and Christobel Lakey at Ruawaro on October 15. The Crown Prosecutor, Mr V. R. Meredith, with him Mr F. M Carthy, is prosecuting, while Bayly is represented by Messrs E. H. Northcroft and L. P. Leary, instructed by Mr R. B. Lusk. Mr Justice Herdman is on the Bench. When the Court resumed this morning, with Senior-Sergeant Dinnie stiil in the witness-box, Mr Northcroft announced that he had no further questions to ask. Mr Meredith: My friend asked you many questions concerning notches and turns in the knife. Will you show us how these could be made and clean up this matter? The witness said that respecting a cut on a piece of timber the knife used may have come in contact with a hard substance, such as a nail or a piece of metal in the timber. Should the nail be absolutely at right angles to the knife when the knife struck the nail, burring would appear on both the upper and under sides of the knife. Mr Meredith: What would be the effect of that?—These burrings would be opposite each other and would have the effect when a fresh cut was made of leaving a groove with either a right or left-hand cut. Should the nail be at an acute angle, such as in the same direction as the knife blade, it would still leave burring in the top and bottom of the knife. It would not be necessary for the top burring to be opposite the bottom. If the nail was sloping towards the knife the burring would be slightly to the upper side than the other. Is there anything else you can tell us about the knife?—Yes. There are sufficient characteristics still observable on the knife to indicate that in all probability that was the knife (Bayly’s knife! that made the two wood cuts. The Judge: You say that the knife had been sharpened after the cuts on the wood had been made?—Yes, sir In my opinion it has probably been further damaged since those wood cuts were made, but I contend that it has not obliterated the evidence. The Judge: How about the steel marks?—ln my opinion it is consistent that this steel (Bayly’s steel) was placed in two positions on one piece of wood after the cut was made. Experiments With Rifles. Formal evidence on the firing of various shells from different rifles was then given by Detective T. Sneddon. He said that all shells were given to Dr Brown. The Judge: How many rifles did you fire? Detective Sneddon: About 33. How many Spandaus?—Two. Detective P. J. Nalder, recalled, said that in January he made inquiries in the Ruawaro, Waahi and Pukekapia districts and fired shots from ten rifles, handing the shells to Detective Allsopp. These were at the homes of J. D. Powell, S. G. Manktelow, C. N. Smith (two), James Furniss, W. B. Pearson. F. O. Bateman, Andrew Inglis, Laurence Northmore and Fred Slater. Witness also called at the home of John Parker, Rotongaro, and fired another rifle, handing the shell to Dr Brown Mr Northcroft: What procedure did you adopt in obtaining these shells? Detective Nalder: A house-to-house canvass. Did you refer to the arms registry? Yes. And were there more rifles in the district than were registered?—l did not check that. Mr Northcroft: I think there were 21 rifles in the district? —I believe so. And of those eleven were Winches ters?—l do not know. Perhaps Detective Allsopp can tell you that. In reply to the Judge, Detective Nalder said that every house within a radius of eight or ten miles of Lakey s was canvassed.

Eleven Rifles Tested. Detective Allsopp, recalled, said that on Tanuary 1,2 and 3, with Constable Taylor, he made inquiries from settlers in the Huntly district for 22 calibre rifles and fired eleven shells from eleven rifles, placing each in a separate envelope, on which was marked the make of the rifle. All the shells were handed to Detective Sneddon on January 6. Mr Northcroft: Of the eleven rifles, six of them were Winchesters?—Yes. What was the radius searched ?-—Ten or twelve miles. How many householders are rhere in the district?—About 200 houses, and at those 200 houses 21 rifles were found.^ Between you and Detective Nalder Of the 21 rifles, 11 were Winchesters? Constables J. T. Mills and D. Robertson gave evidence concerning the firing of rifles in the Hamilton and Pukemiro districts. Dr Brown Called. Dennis Brown. Bachelor of Science and Doctor of Philosophy, and lecturer in physics at the Auckland University College, was called at 11.50 o’clock. He said he had inspected a piece of wood, a cross rail and a knife (Bayly's knife) at the Auckland Police Station on November 20. He later took photo-micro-graphs of the blade of the knife, and also of a shave mark on the wood. On December 13 he went to Ruawaro, and, while in Bayly’s cowshed,* he saw an upright piece of wood supporting the roof, which was later cut out. He saw on the surface of the wood that a considerable area had been shaved off. Witness showed the jury where a piece had been shaved off, about two feet from the floor. It appeared to have been rubbed over with oil or grease. Mr Meredith: Did you form i*ny opinion as to when the cuts, were made?—Yes. Both the cuts on the wood I saw at the Police Station and on the upright were recently made. A second piece of upright did not show any dry dust on the part which had been shaved.

Did you take a photo-micrograph of a certain portion of the cut surface? Yes. I produce it. Witness also produced a series of photographs showing both pieces of wood. One was a photo-micrograph of a portion of wood from Lakey's shed magnified eight and a half times. The majority of the marks were due to ridges on the surfaces bf the wood. The ridges were left by a knife which had a turn on the edge. Not all were ridges as there was a goove in the wood. The piece -of wood from Bayly’s separator, taken with the same magnification, showed all the lines as grooves. Mr Meredith: Have you any opinion as to how the grooves were made?— Yes. It is clear they were all made at the same time. They are not successive scratches. A turn would cause a groove. Dr Brown said he found a definite correspondence of the two sets of lines on the wood taken from Lakey’s implement shed. He decided that the similarity in the grouping of the lines could not have been done by accident, and that the same instrument -was responsible fey both cuts. The chances of it occurring accidentally were not more than one in a million. That calculation was based not so much on the agreement as on the disagreement of the lines. Witness went on to corroborate the evidence of Senior-Sergeant Dinnie concerning the photo-micro-graphs of Bayly’s knife. He also dealc extensively with steel. PbotogTaph3 of .22 Shell. Just before lunch Dr Brown started to give evidence of photographs he had taken of a .22 shell which came from Bayly’s denim trousers pocket. (The concluding portion of yesterday’s evidence is reported on Page 4). (Proceeding.)