BAYLY TRIAL

Evening Star, Issue 21748, 16 June 1934, Page 14

BAYLY TRIAL

END OF FOURTH WEEK SEVENTY WITNESSES HEAND [PeS United Press Association.] ■ AUCKLAND, June 16. To-day marks the end of the fourth iveek ot the Rayiy trial, during which, including recalls, over seventy witnesses nave now given evidence. The exhibits originally produced totalled 251, and chis number has been added to, as certain evidence not called in the lower; court proceedings has been heard. - Continuing his evidence-in-chief, Professor F. P._ Worley said 1 all the test shells fired in sixteen Spand. i rifles differed from those found in Lakey’s garden and Bayly’s steps. None of. the seventy-six test shells from all the rifles agreed each with the other. “ This establishes the fact that every'striking pin has its own individuality,and makes a mark which, if characteristic* is different from the impression made by any other striking pin,” concluded Worley. In reply to Mr Northcroft, witness said each test shell was microscopically; examined, while photographs were taken.

“ When you examined each one, .did you at the same time put in the other; ones for comparison?” asked counsel* “No; most certainly not. It "would have taken months,” replied witness* who gave the order and dates om which certain shells were photographed. Four, days were required to take the photographs. These were not all successive! days. .“It means, therefore, that,' apart from the photographs you had rta carry in your mind the comparisons ?’A asked counsel. . -

“ I did not attempt to,” replied Professor Worley, who added that his compariscfns 1 based solely on the photographs. . ; . ' Mr Northcroft questioned witness closely on the standard of microphotography represented by the photographs of the test, shells Witness agreed that if the edges of the striker mark were in perfect focus the, bottom mark would be out of focus. There, was no special instrument in New. Zealand capable of examining two objects microscopically, at the one time. . ; . “ We are thrown back, therefore, on the photographs,” observed Mr North* croft..

Witness agreed. , < Counsel then produced a circular block of impressionable material to re* present the end of a cartridge case, on which he made an impression with an oblong piece of steel comparable to a striker pin. On one side. of the steel was smooth, and - the other possessed irregularities. “That illustrates the position very; well indeed,” said witness. ~ . “ What are the factors, which will militate against fair reproduction of the irregularities of the striker marks?’-! asked counsel.

“ I would not attempt to enumerate all. I could enumerate some,” replied witness, who said that among the faotors was a tendency;-to crack. Among the - test shells %vCrb variations which showed .some tendency of: this' kind* Other erial, possible changes of granular structure, and variations.'of hardness which might bo expected to" bo • slightly present in copper. If there were defects in the material there would be defects in the side impressions as well as; the bottom. ’’ ■■

After further questioning witness said he had made enlargements of the striker; marks oh the test shells exhibited, which were produced. At the request of counsel he indicated the points of resemblance of the enlargements: , Witness declared that the enlarge-! ment of the bottom shell which fell fpom Bayly’s denims (produced by Mr Northcroft) was a very excellent pnotograpji, but stated that it would not compare with the marks shown in hia photographs of the -test, shells, owing to the differences in the focus fighting. Counsel. continued to ipzestion.witness on the characteristics shown in photographs of the test shells. ' - , Counsel then employed lantern slidea of shells fired from a Spandau rifle.- “ Will you admit that these . photo* graphs fail to give -absolute coincidence?” he asked.—l will admit that the groove of _ one will not give coincidence, replied witness,. who added that there was general coincidence. The* photograph was not uniformly in focus.' “ Throughout the whole surface one can make comparisons, but the validity of those’ comparisons can bo. questioned,” he observed: Are close approximations sufficient?: asked counsel. Yes. if _ they, are sufficiently close, replied witness.. Witness said that in .the case of. the shells found in Lakey’s and the .test shell from Bayly’s Spandau, there were dissimilarities.. The shell; found-- in Lakey’s bore different ejector marks* which were due, in witness’s opinion, to the shell jamming. When the . bolt turned the cartridge would be turned* giving a double marking. Although witness was unable'to get a jammed cartridge during his experiments, '• ho got a second marking by moving tho bolt: '

Counsel then turned to the wood marks,' and witness said that all ho would say was that the marks on tho wood were very probably made by steel of the nature produced; You are not in a position'to say that the mark was made by Bayly’s steel ?, asked His Honour.—No.

It is possible that it was made by that steel or it may have been made by any other steel, continued His Honour, —Yes.

You are not in a position to say that those marks on the wood were mad* by Bayly’s knife?—No, I am not.. In reply to. further questions, witness said that the marks on the two pieces of wood, in his opinion, had been made by the same knife. Bayly’s knifo in the condition it was now in could not have made the marks.

You say you are positive the same knife made the cuts on the two pieces of timber? asked counsel. —That m» not my'statement. . Well, you said the chances were on* million?—yes, but that is a different thing. t Witness explained that there, was * .difference in the scientific sense between conviction and chances of one to ; * thousand. million. One .in a million is enough for most people, he added, amid laughter. : Counsel then- questioned # witness closely on the amount _ of coincidenc* found in the examination of the photographs of the knife cuts. Witness admitted, that ho had not found perfect coincidence in all the grooves. The court then adjourned till Monday.