BAYLY TRIAL

Evening Star, Issue 21742, 9 June 1934, Page 14

BAYLY TRIAL

PATHOLOGIST’S EVIDENCE BONES NOT BARE WHEN BURNT THIRD WEEK 8F RUAWARO CASE | [Per U kited Paesb Association.] AUCKLAND, June 9. The third week of the hearing of the Ruawaro double murder charges in the Supreme Court was reached this morning, when Dr P. P. Lynch, of Wellington, continued to relate the results of his examination of the exhibits and the conclusions he had formed. The court was filled as soon as it opened, a number of _ spectators being unable to gain admission.

•Dr Lynch identified human skull bones in a number of exhibits, showing the jury how some of the fragments had fitted together. He then identified the fragment of an elbow joint, demonstrating the joint with the upper and lower arm bones, on which the position in the exhibit was marked red. This joint was not found in domestic animals, but only in climbing animals and marsupials. The exhibit, judged by its size, was characteristic of an adult human. Included wi”i the same exhibit were thirteen pieces consistent with human origin. Two of these, one from the shin and the other the thigh, resembled > the bones from a strong individual. Witness was quite satisfied that the bones were not bare when burnt, on account of the presence of charred bubbly matter, showing that muscles and ligaments were attached! All the hones conformed to a general appearance, and appearances pointed to them being from one individual. All parts of the skeleton were represented—head, arm, vertebrae, legs, and foot. Witness had seen Dr .Gilmour’s post mortem -findings on Mrs Lakey. He had also considered the-evidence of the witnesses who found Mrs Lakey, “On those facts, one can give a definite -opinion • that_ death was . due to drowning;” ■ continued Dr Lynch. “ Froth- issuing from the nose when the body was removed from the water is an important external sign. As regards the post mortem findings, the fluid condition of the blood, the congested state of the lungs and windpipe, and the congestion of the eyes are all internal findings consistent with death from drowning.” The condition of the heart shown in •the report was not such as to cause sudden death, and the injuries to the face, likely to be from knock-out blows, were unlikely, to be fatal in themselves. The appearance of a body which died from shock from blows would not present signs of asphyxia. The difference between asphyxia from drowning and comatose asphyxia was shown in the external factors. Witness described portion 'of the skull, the petrous bone containing part of the audilory canal. Continuing to place other ■ bone exhibits. Dr Lynch freely resorted to portions of the human skeleton on which the parts -referred to were marked in red. , Witness said he had no doubt that certain bones were human, and. the age and sex could be deduced with some degree of accuracy. From the . complete jointure of the elbow, also.the inner end.of the collarbone, the .bones could be -,placed as those of an adult.;' The best indication of age was obtained from the appearance ,of the pacchionian pits in the,' skull bone. These became deeper with! advancing age. The depth of the pits in the bone exhibited indicated an individual in middle" life. The other bones also suggested that they were from a fully-grown individual./ The sex could be inferred from the size of the bones, the . general thickness, and the heavy build. However, one could not say that they were not from a very muscular female. The coarseness of the hair led to the inference that it was probably from a male.

■ “ I think the hones were recently burnt,” continued Dr Lynch. “ The appearance of the broken edges suggests that they were recently broken. The edges are sharp, although they can be very readily rubbed off. There is no evidence of weathering in the way of bleaching or engrained dirt.” “I am satisfied that a human could be burnt in an oildrum,” continued Dr. Lynch, who said he made ah experiment in- Wellington, using a forty-gallon drum with two sheets of galvanised iron surrounding two-thirds of the sides. As subject he used a calf of 1421 b with the hide on. The animal was killed with chloroform and put_ in the drum head first, after the kindling had. been inserted. Witness used a bag and a-half of firewood. One.man only attended to the setting up of the drum ; the firing, and all the other activities. The fire was -started- at 4.45 p.m. and attended for two hours. Nothing was added except wood. After two hours the animal was partly consumed. Then the remains of the firewood were piled on the fire and left. The drum was then red hot and burning furiously. Next morning the ashes were still hot and the body was completely consumed, with the exception of portion of the shoulder. Portion of the hide was found unburnt at the back of the drum out of the air current. The hair on this was unhurnt, but the rest of the carcase was completely burnt. The total debris after the burning was a bucketful, including ash. . Witness then corroborated Dr Gilmour’s account of the burning of the ram at Auckland _on April 21. In this case the debris, bones, and total of ash just filled a kerosene tin. The bqnes from the test were more burnt than the bones exhibited. “I am satisfied a human would be 1 easier to burn than a calf or sheep on account of the bulky intestinal contents of a calf or sheep,” declared Dr Lynch. “I have no hesitation in saying that a human body could be burnt in a furnace or that kind.” , The court adjourned till Monday.