BAYLY TRIAL

Evening Star, Issue 21743, 11 June 1934, Page 8

BAYLY TRIAL

FURTHER EVIDENCE OH BLOOD GROUP TESTS FOURTH WEEK OF HEARIHG [Ter. United Press Association.] AUCKLAND, Juno 11. The Wellington pathologist, Dr Lynch, was still in the box when the fourth week of the hearing of the murder charges against William Alfred Bayly was commenced in the Supreme Court this morning. Although the case has reached the eighteenth day the Crown case is still being presented. Public interest remains keen. Again this morning more attended than were able to gain admission. Blood group tests were first discussed by Dr Lynch, who said mankind could bo separated into four groups. When the blood cells of an individual of one group were added to the serum of another a different group of cells was formed _ in coarse clumps, instead of presenting a granular appearance. Grouping was almost entirely confined to the preliminary tests in blood transfusion. In medico-legal work tests directed to finding whether the stains belonged to the victim from whom it was believed they came, would be easy if determination of the group from old or dried stains were as easy as when fresh blood was_ used. In a common case of transfusion the test presented no difficulty if the material was fresh. Witness had conducted tests on several occasions. > Knowing what type of blood he was using, he put aside the stains of blood on the cloth, wood, and leather to determine whether at the end of a day, weeks, or months their group could then be determined. “ The conclusion I came to was that in only small proportions _of cases could one v determine from dried stains the proper grouping of the blood,” continued Dr Lynch. “ The results were uncertain, and the work, in my opinion, therefore useless.” Dr Lynch said he had been at Ruawaro, and had visited Lakey’s and inspected the bloodstains on the shed battens, which were caused by dripping or spurting arterial blood. He saw' burnt bonedust near the door of Bayly’s separator room. He was of opinion, although it was fine, that it was of human origin.

in reply to Mr Leary, who read extracts_ from an article on blood group tests in the ‘ Medico-Legal Criminological Review,’ Dr Lynch said the authors of the article had been working on the subject for ten years. Witness agreed that the article conveyed that, if the tests were performed delicately enough, it was possible to determine the groups from dried stains. Assuming that the blood could have been grouped, the result might > have been informative, but in a negative way. “ If the blood on Bayly’s clothing was of a different group from the blood on the Lakey property and Mrs Lakey’s blood, it would have shown that the blood on the clothes did not come from Lakey’s?” asked counsel. Dr Lynch agreed. “If the blood on Bayly’s clothes turned out to be of the same group, that would show that it might be the same blood, but not necessarily that it was?” continued Mr Leary. Dr Lynch said it would be far from showing that the blood was from the same individual. Blood grouping was of more value as a defence than as proof. The age of the stains could not be determined if the bloodstains were on a garment. It was impossible to say that all were formed at the same time. Dr Lynch admitted that he was unable to say conclusively that the matter adhering to the tuft of hair was dried blood. No one could state when the individual whose bones formed the exhibits had died. The matter adhering to the bones was indicative of flesh, but this might have been semi-decomposed 'flesh. The animal matter in the bones caused them to burn black. Bone devoid of animal matter would calcine and burn white, but even in fossil bone there was organic matter which might cause it to burn black. Blackness alone did not show the age of bones. Pointing to the skull and legbone on the table before Mr Leary, Dr Lynch added; “Those bones would probably burn black.”

“ This is an old Maori skull found by a farmer,” said Mr Leary, who produced a spirit lamp, over which,he held portion or the face of the skull,- which blackened as it burned.

In reply to further questions, witness said the bones exhibited still showed traces of the muscular attachments. He agreed that the matter adhering to the bones could not he identified chemically as animal; it might be vegetable. Mr Leary said that during the weekend he had burnt molasses on the edge of a skull, producing a charred, bubbly appearance.

This experiment was then repeated in court with golden syrup. Dr Lynch declared that, while vegetable matter might adhere to bones during burning, he did not think'anything in the fuel would flow over the surface of the bones and adhere evenly.

“You hare referred to the bones as those of an individual in middle life.. I suppose middle life depends on the .individual. A man of fifty considers himself young yet,’’ said Mr Leary. “ Please treat the matter seriously, Mr Leary,” observed His Honour. Dr Lynch said the bones were those of an individual between forty-five and fifty years old. Re-examined by Mr Meredith, witness said the distribution of the material on the bones followed the distribution of the muscles. In reply to His Honour, witness said the blood-group tests would have been valuable in this case, provided the results were reliable. He did not think that tests could have been made to give reliable results. , . , Dr Kenneth MacCormick. of Auckland, said he specialised in bone surrrery. He had msreWed the exhibits of bone, and divided them >nto three classes, using similar classifications to those used bv the previous doctors. Witness said he had no doubt that the hones classified as human were definitely of human origin. He detailed the skull bones, which showed definite characteristics namely, pacchionian pits, saturo lines, the occipital protuberances, portion of the internal ear. Other characteristic bones. were the cheekbone, the atlas, portions of the right elbow joint, a fragment of, the thighbone, and portion of the heelboue. When Mr Meredith requested witness formally to identify the bones referred Mr Learv waived the formality. Bones 'in the second category consistent with human origin included, the inner end of the collarbone, which was not highly developed in quadrupeds. The general characteristics of the bones indicated that they were those of a male rather than a female, certain fea-

tures pointing to an adult. All th« bones presented similar characteristics.: All were burnt, apparently, to a similar degree, and there were no signs of weathering apparent on any of tliem.“I do not think these bones could have gone through a winter,” continued witness. “ I think they were recently, burnt. There is no indication that they came from more than one skeleton. All had charred animal matter on them.” Witness expressed the opinion that a human body could be burnt in 'an oil drum furnace, giving particulars of burning experiments with two sheep at which he was present. In reply to Mr Leary, MacCormick stated that the drums for both burnings were raised on concrete blocks. He would say definitely that the bones were those of a male. The matter was one of strong inference. He agreed that the muscular development of a raw-boned, working woman would he greater than that., say, of a man of small stature, working m an office. The height of th* individual could not bo deduced from the bones exhibited.. Although a number of bones were identified from th® skull, there was no bone froni the jaw. “ I think the usual experience when one finds an old skull is that the jaw is missing? ” said Mr Leary. ' Witness agreed. Mr Leary then drew a skelet'on on a blackboard, marking with red chalk the positions of bones identified as human, which had also been marked red on the bones exhibited by the. medical witnesses. “There are nine pieces of human skeleton as well as those marked on the skull.” observed counsel. “Yes,” replied witness.